PLANNING COMMISSION STAFF REPORT

Transcription

1 73 Madrone Avenue PC Meeting: 11/10/15 Agenda Item: #1 PLANNING COMMISSION STAFF REPORT DATE: November 3, 2015 TO: RE: Planning Commission DR/V 15-39; Brent & Anne Lowinger, Owners; Taylor Yang, Inc.; 73 Madrone Avenue; APN ; R-1 First Residential Zoning District. REQUEST The applicant is requesting the following permits to allow substantial renovation of an existing 2,677 square foot two-story home on a 10,497 square foot lot, including a 195 square foot addition to the first floor, a 274 square foot addition of unconditioned space (screen porch) to the first floor, and a 475 square foot addition on the second floor. Design Review Variance to allow 1 foot - 6 inch encroachment into the 20 foot front yard (north) setback and a 2 foot inch encroachment into the 20 foot front yard (south) setback at the rear of the property (facing an alley). ENVIRONMENTAL STATUS Categorically exempt per Section 15301(e) of the California Environmental Quality Act (CEQA) because it adds floor area to an existing single-family residence with no potentially significant impacts to the environment. BACKGROUND Site Description The proposed property consists of a 12,386 square-foot level lot mid-block on the south side of Madone Avenue within the Baltimore (Madrone) Canyon neighborhood (refer to Attachment 1, Aerial Location Map.) The existing house, constructed in 1988, is a 2,677 square-foot two-story residence with an attached 476 square foot garage at the rear of the house. The property has two frontages, one along Madrone Avenue, and a second along the alley to the rear of the house. and has non-conforming front yards setback of 19-1 at the north property line (street) and (17-1 at the south property line (alley). Several existing mature trees are located within the front setback along Madrone Avenue. The lot is relatively flat, an irregular rectangle in shape, and with interior sides averaging approximately 79 feet deep. The front property line (north) is 143 feet wide and rear property line (south) is 155 feet wide. Generally, lots along the subject block of Madrone Avenue are varied in size and configuration. The subject lot is one of the largest lots on this block and is atypical in orientation and size. This block and others in the surrounding neighborhood are a mix of one- and two-story residences, some of which been subject to significant remodeling and expansion since the original construction. 1

2 73 Madrone Avenue PC Meeting: 11/10/15 Agenda Item: #1 A Fence Height Exception (FHE 96-20) was approved in 1996 for the a 6-foot high fence with a 5-foot high gate and 9 foot 9 inch arbor at the front entry to the property, where no more than a 3.5 foot high fence is permitted. The wire fence located along the property frontage is heavily vegetated with a hedge. Vehicular access to the site is provided via an access easement to the rear of the property to the garage. Recently, the property owner was granted access over three parcels as verified with Grants of Access Easement over these lots for ingress and egress to the subject property. Project Description Applications have been submitted to construct a substantial renovation and addition of 195 square foot to the first floor, a 274 square foot addition of unconditioned space (screen porch) to first floor, and a 475 square foot addition on the second floor to the two-story residence, resulting in a total 3,822 square feet of floor area including the 476 square foot garage. The proposed substantial renovation would consist of the following: a screened porch, expanded breakfast area and family room, and new mudroom on the first floor, and new bedroom #4 and #5, new bathroom #3, new hallway closet, remodeled master bathroom, relocated laundry room, and new linen closet adjacent to bathroom #2, and new skylights. The existing composition shingle roof would be replaced with a new standing seam metal roof, new gutters and downspouts would be installed, and new painted wood siding, windows and door trim. Areas of the existing roof will remain with a 6:12 slope and new roof will be installed at the main portion of the house with 3:12 slope, 2.5:12 slope over the screen porch, 4:12 roof slope over mudroom, 5.5:12 slope over breakfast area, and 6:12 slope over back porch. The roof eave would be minimal, 18 inches deep. The proposed square footage results in a 0.36 FAR where 0.40 is the maximum permitted. Staff has determined the building footprint, including the front porch to be approximately 27.5%, lot coverage, which is within the maximum permitted 40%. The overall building height scales and the addition will maintain the same height where 30 feet is the limit (refer to Attachment No. 4, Development Review Checklist). As discussed below, a Variance is requested for a 1-6 encroachment into the 20-0 front yard (north) setback and encroachment into the 20-0 front yard (south) setback at the back of the lot facing the alley. Colors and materials proposed consist of white painted vertical tongue and groove wood siding, painted wood sashes and trim at screen porch, black aluminum clad wood windows and doors, bluestone veneer at existing chimney and extended flue, black painted gutters and downspouts, black standing seam metal roof, white painted rafter tail and soffit, and IPE weathered wood decking (refer to Attachment 5, Colors and Materials). The applicant has provided a Story Pole Plan on Sheet A2.5. Poles have been installed in the field as required for the Commission review. The project applicant has submitted a letter addressing the findings for approval for Design Review Permit and Variance request (refer to Attachment No. 3, Applicant s Statement). Staff has not received any comments from the public as of the preparation of this staff report. FEMA Floodplain Map 2

3 3 73 Madrone Avenue PC Meeting: 11/10/15 Agenda Item: #1 The Planning Commission should note that the FEMA Floodplain map indicates the residence is located within Special Flood Hazard Area (SFHA) Zone A, which is the limits of Larkspur Creek. However, this appears to be an error as and Larkspur Creek is over 150 feet away from the residence (refer to Attachment 2, Letter from Surveyor). The Building Official has indicated that a Letter of Map Amendment (LOMA) will be filed by the Floodplain Administrator, based on documentation received from the project surveyor, to remove the structure from the SFHA. Should the request be denied by FEMA, a Base Flood Elevation (BFE) will need to be determined by a licensed civil engineer or land surveyor. A condition of project approval has been recommended that indicates acceptance of the LOMA by FEMA, or a BFE determination, will be required prior to building permit issuance (refer to condition of approval #5). It should be noted that a new BFE could potentially affect the design of the proposed additions and/or the general feasibility of the project as proposed. For example, additions may have to be raised several feet above the BFE and/or other floodplain protection measures could be required. Staff believes that this is unlikely, given the preliminary determination from the project civil engineer. In any case, a substantial change to the design due to floodplain compliance would require an amendment to the design review application and further public hearing review. ANALYSIS Trees Seven existing mature trees (24-inch, 60-inch, and 28-inch Bays, 14-inch and 9-inch Maples, and 8-inch and 7-inch deciduous trees) are located within the front setback along Madrone Avenue. An Arborist Report, prepared by Marin County Arborists, dated September 3, 2015, has been submitted (Attachment 6, Arborist Report) with the project applications which indicates that there would be no negative impacts related to the surrounding trees due to the construction of the proposed addition and renovation. Specifically, the Arborist Report states that there is a 48- inch Valley Oak tree located approximately 20 feet north west of the front right of the house. The Arborist recommends if roots greater than 2.5 inch diameter are found during excavation, that digging should stop and the Arborist be contacted to evaluate the roots. Any roots cut should be cut, flush, and the smallest surface diameter possible be left in place. Roots should not be left split, without bark on them, fractured or damaged when cutting roots. All roots are to be cut clean using hand snips, loppers or a sawzall. All cut roots should be cut straight across leaving the smallest surface diameter as possible. A 4-foot high orange construction fence must be installed 8-inches outside of the tree protection excavation and/or the new foundation. No storage of materials or supplies within the dripline of the tree. No additional excavation within the dripline shall occur unless approved by a certified arborist. These recommendations are made conditions of project approval as condition #4. Design Review As proposed, the two-story expansion of the single family residence presents a continuation of the existing design elements with some modifications to the materials and details that result in an attractive and clean exterior presentation. The design includes a new metal seam roof with a new roof slope in areas of the proposed additions and renovations with a minimal eave. All of the exterior walls are vertical tongue and groove painted wood siding including the rear walls would match the existing stucco siding and all new windows would be wood casement with metal cladding. The home would remain a two-story structure 26 feet and 10 inches at the roof peak, and the

4 4 73 Madrone Avenue PC Meeting: 11/10/15 Agenda Item: #1 addition is relatively low with the kitchen gable at 12 feet and 9 inches above the first floor and the screened porch is 8 feet and 9 inches above the first floor at the outer perimeter and with the hip roof forms slopes up to meet the house at 11 feet and 3 inches above the first floor. The design appears to adequately mitigate the added floor area as mature trees and dense vegetation exist on all sides of the parcel, effectively screening the house from Madrone Avenue and other properties. Located within the canyon floor, staff does not anticipate that the additions would not block views or impact privacy or light to surrounding residences. The area of expansion is limited by physical constraints on the property including an irregular lot pattern along Madrone Avenue, no vehicular access at the front of the subject property along Madrone Avenue, though at the backside of the property facing via an access easement. Configuring the house with an expansion closer to Madrone Avenue than is proposed would require additional encroachments into the front yard setback. The proposed additions are of smaller massing than that of the existing structure. The proposed expansion and related improvements will match the existing architecture of the subject house, though with some changes to materials and complement the existing neighborhood with a mix of architectural styles. The proposal maintains a two-story residence not resulting in negative impacts to neighbors. Staff notes the design program for this residence appears to be consistent with many of the City s Design Guidelines for Single Family Dwellings (2008). Page 5 of the Guidelines specifically state: Incorporate architectural details (e.g., roof forms, siding materials, doors, etc.) of homes located on or near the project that reflect the scale and pattern in the neighborhood. Incorporate finished floor heights typical of that seen in the neighborhood (except where flood elevations may require a higher floor elevation). Step down and minimize building height towards neighboring smaller structures. Place significant additions at the rear of the house or at the side, if setbacks allow. Avoid long, flat wall planes along the entire side of a house. Avoid impacting a neighbor s prominent scenic view, but where it cannot be avoided, the design should not result in a significant and unreasonable loss of a neighbor s prominent scenic view. Design new roof slopes consistent or compatible with the existing roof slopes. Incorporate materials and finishes on an addition or remodel consistent and continuous with the original house. Front (North) Yard Encroachment Variance The applicant has requested a variance to allow a 1 foot-6 inch encroachment where a 20-foot front yard setback is the minimum required per LMC for the length of the front of the house facing Madrone Avenue. Constrained by physical site circumstances which are specific to the property the design results in the need for a front yard setback variance facing Madrone Avenue. Unique circumstances exist as: 1) the existing house already encroaches 11 inches into the front yard setback; 2) significant heritage trees exist to the west of the house; 3) a

5 5 73 Madrone Avenue PC Meeting: 11/10/15 Agenda Item: #1 Fence Height Exception was previously approved to allow a 6-foot high wire fence (heavily vegetated) along the property frontage; and 4) the site has an unusual orientation relative to the street and surrounding properties and access to the garage is from the rear of the property over a private access easement. Strict application of the front yard setbacks would prevent the provision house expansion and prevent the property owners of privileges enjoyed by other properties in the neighborhood. An addition to this single family residence is not a change of use and would not result in a special privilege relative to surrounding properties. Further, the limited size of the expansion is compatible and consistent with the surrounding pattern of development in this neighborhood and would not be injurious to or affect the general health, safety, or welfare, or be detrimental to persons or property in the vicinity of the project. Based on the above, staff recommends approval of the Variance to the front north yard setback. Front (South) Yard Encroachment Variance The applicant has requested a variance to allow a 2 foot-6.5 inch encroachment where a 20-foot front south yard setback is the minimum required per LMC for approximately 9 feet in width of the covered porch facing the roadway easement at the rear property. Unique circumstances exist in that the parcel has two front setbacks as defined by the LMC. Further, the site has an unusual orientation relative to the street and surrounding properties and access to the garage is from the rear of the property over a private access easement. Strict application of the front south yard setbacks would prevent reasonable expansion provision house expansion and prevent the property owners of privileges enjoyed by other properties in the neighborhood. An addition to this single family residence is not a change of use and would not result in a special privilege relative to surrounding properties. Lastly, the limited scope of the addition is compatible and consistent with the surrounding pattern of development in this neighborhood and would not be injurious to or affect the general health, safety, or welfare, or be detrimental to persons or property in the vicinity of the project. Based on the above, staff recommends approval of the Variance to the front south yard setback. STAFF RECOMMENDATION Staff recommends approval of application DR-V based on the analysis stated above and the findings for approval below. OPTIONS, INCLUDING THE PROPOSED ACTION The Commission has the following options: 1. Approve the application as proposed. 2. Approve the application subject to modifications imposed as a condition of approval. 3. Continue the application to a date certain/uncertain and direct the applicant to prepare a modified proposal in keeping with the Planning Commission direction. 4. Deny the application with or without prejudice. The Commission should note that option #4 would require this application to be continued as a business item on the November 24, 2015 agenda to allow staff to prepare the findings for denial.

6 73 Madrone Avenue PC Meeting: 11/10/15 Agenda Item: #1 CONDITIONS OF APPROVAL General Conditions The following conditions of approval must be printed on the cover sheet of the building permit plan set: 1. Construction shall be limited to, and in substantial conformance with, that depicted on the architectural project plans titled Lowinger Residence 73 Madrone Avenue, Larkspur, CA prepared by Taylor Yang, dated received on November 2, 2015 and kept on file in the Planning Department offices. 2. Approval of this application shall not be considered valid until any and all outstanding application processing fees are paid in full to the City of Larkspur. This condition is not intended to extend or abrogate the time periods established under Section of the Larkspur Municipal Code. 3. The permit approval will expire two (2) years from the effective date of this approval unless construction of the proposed alterations has been undertaken by that date. Issuance of a building permit and active construction will extend the life of planning permits. If no permit is issued or a permit is issued but expires for lack of construction, an extension may be applied for at the Customer Service counter before the planning permit s expiration date. 4. The applicant shall adhere to all recommendations listed in the Arborist Report prepared for the project by Marin County Arborists, dated September 3, 2015, including the following: a. If roots greater than 2.5 inch diameter are found during excavation associated with the 48-inch Valley Oak tree located approximately 20 feet north west of the front right of the house, digging should stop and the Arborist be contacted to evaluate the roots. b. Any roots cut should be cut, flush, and the smallest surface diameter possible be left in place. Roots should not be left split, without bark on them, fractured or damaged when cutting roots. c. All roots are to be cut clean using hand snips, loppers or a sawzall. d. All cut roots shall be cut straight across leaving the smallest surface diameter as possible. e. A 4-foot high orange construction fence must be installed 8-inches outside of the tree protection excavation and/or the new foundation. f. No storage of materials or supplies within the dripline of the tree. g. No additional excavation within the dripline shall occur unless approved by a certified arborist. h. Roots shall not be left split, without bark on them, fractured or damaged just outside of forming. Prior to Issuance of a Building Permit 5. The Floodplain map indicates the residence is located within Special Flood Hazard Area (SFHA) Zone A. This may be an error as mapping of this area is unreliable and Larkspur Creek is feet away from the residence. A Letter of Map Amendment (LOMA) will be filed by the Floodplain Administrator, based on documentation received from the project surveyor, to remove the structure from the SFHA. Should the request be denied by FEMA, a Base Flood Elevation (BFE) will need to be determined by a licensed civil engineer or land 6

7 7 73 Madrone Avenue PC Meeting: 11/10/15 Agenda Item: #1 surveyor. Acceptance of the LOMA by FEMA, or a BFE determination, will be required prior to building permit issuance. 6. All construction and construction related activities shall be in conformance with the 2013 California Building, Residential, Electrical, Mechanical, Plumbing, Fire, Energy and Green Building Codes, and the City of Larkspur Municipal Code. 7. For the building permit submittal, 5 sets of plans are required along with 2 sets of calculations and reports. 8. A Demolition Plan is required in the building permit submittal indicating the location and extent of demolition of walls and any other structural components. 9. This project will require a Construction Management Plan showing locations of materials/equipment storage, excavation material stockpiling, worker vehicle parking in addition to the following: estimated project duration, construction schedule of milestones (excavation, grading, and offhaul duration; foundation work; framing; flatwork/paving; punch list/final inspection), excavation and disposal methods and equipment to be used, the site access location, materials storage location, truck loading area, and haul route. 10. The project is located in the Wildland Urban Interface Zone and required to comply with the fire resistant provisions set forth in the California Residential Code (CRC) R327. For remodels and additions, compliance is limited to any new, replaced or relocated building components. 11. A fireplace is shown in the Living Room but no information is provided. Wood burning appliances are limited as follows: a. A wood-burning appliance must be EPA Phase II-Certified or pellet-fueled, or may not be installed in new construction, additions or remodels of any size. b. An existing wood-burning appliance may not be replaced by other than a pellet-fueled appliance, a dedicated gas log fireplace or gas stove, or an EPA Phase II Certified wood appliance. The conversion of a gas fireplace to burn wood is deemed to constitute the installation of a wood-burning appliance. c. A non-epa Phase II-Certified wood-burning appliance, freestanding or insert, shall be removed, rendered inoperable, or replaced with a compliant appliance when a remodel requiring a building permit exceeds 500 sq. ft. and the area within or abutting the remodel contains a noncompliant appliance. d. Exemptions: wood-burning appliances specifically designed for cooking, outdoor fireplaces, gas and pellet fueled appliances, and permanently installed or dedicated gas log fireplaces are exempt from these provisions. The Building Official may exempt an alternate wood-burning appliance if he or she finds that it meets or exceeds the standards established for an EPA Phase II Certified wood heater. 12. Class A roofing materials are required for all new roofs, and for reroofs and additions exceeding 25% of the existing roof area. LMC All plumbing fixtures within the building that are non-compliant shall be upgraded with water conserving plumbing fixtures. Non-compliant plumbing fixtures are defined by SB 407 as follows: a. Toilets that use more than 1.6 gallons per flush. b. Faucets that emit more than 2.2 gallons of water per minute. c. Showerheads that emit more than 2.5 gallons of water per minute.

8 73 Madrone Avenue PC Meeting: 11/10/15 Agenda Item: #1 14. A geotechnical report is required or a letter from a geotechnical engineer shall be provided stating why a geotechnical report should not be required. 15. The project is required to comply with CalGreen at the Tier I level excluding Division A4.2 Energy Efficiency or - Mandatory Measures level. The worksheets can be located on the City s website on the building department page. The worksheets are to be printed on plan sheets in the plan set. 16. Before approval of the foundation inspection: The project Geotechnical Engineer shall inspect all foundation excavations and submit a written (stamped) verification that all is in conformance with the approved Construction Documents. 17. Before approval of the foundation inspection: The project Structural Engineer, Architect, or Special Inspector shall inspect all foundation reinforcing and embedments and submit a written (stamped) verification that all is in conformance with the approved Construction Documents. 18. Before approval of the framing inspection: The project Structural Engineer, Architect, or Special Inspector shall inspect all lateral force resisting elements of the structure and submit a written (stamped) verification that all is in conformance with the approved Construction Documents. 19. A Grading Permit is required for earthwork volumes of 25 cubic yards or greater. 20. A Geotechnical Investigation is required or a letter from a geotechnical engineer shall be provided stating why a geotechnical report should not be required. The geotechnical investigation should address site preparation, foundation, grading and drainage recommendations. 21. Topographic Survey information should be included either on the site plan or on a separate plan. The basis for determining elevations (assumed, NGVD, or NAVD) should also be clearly indicated. The surveyor s name and license number should be included. 22. The project will require a Site Plan showing the property line location (referencing the survey source and mapping information), any existing easements, building setbacks, etc. 23. The project will require a detailed Grading Plan & Drainage Plan showing cut and fill earth volumes. Said plans shall incorporate, as appropriate, the MCSTOPPP Guidance for Applicants: Stormwater Quality Manual for Development Project in Marin County. This can be found at the following website: ( tments/pw/mcstoppp/guidanceforapplicantsv_2508.pdf). Please note: Concept storm water filtration design shall not alter site drainage to discharge concentrated runoff to neighboring properties. 24. The project will require a Utility Plan (if not shown on the Site Plan) showing the existing site utilities and their alignment and locations, along with any proposed new locations or alignments for sewer, water, irrigation, gas, electrical, telephone, cable TV, etc. 8

9 73 Madrone Avenue PC Meeting: 11/10/15 Agenda Item: #1 25. Per Larkspur Municipal Code Chapter UNDERGROUND UTILITIES, existing overhead utilities serving the residence will be required to be placed underground if relocation or replacement of the properties main service equipment is required during remodeling. 26. The project will require an Erosion Control Plan incorporating, as appropriate, the MCSTOPPP Minimum Erosion/Sediment Control Measures for Small Construction Projects ( tments/pw/mcstoppp/development/mecm_final_2009.pdf) 27. The project will require a Construction Management Plan identifying the following: estimated project duration, construction schedule of milestones (excavation, grading, and offhaul duration; foundation work; framing; flatwork/paving; punch list/final inspection), excavation and disposal methods and equipment to be used, the site access location, materials storage location, truck loading area, and haul route. 28. The project will require a Permanent Erosion Control Plan (landscape plan) approved by Marin Municipal Water District. During construction and prior to final inspection 29. All loads carried to and from the site shall be securely covered, and the public right-of-way must be kept free of dirt and debris at all times. Dust control using reclaimed water shall be required as necessary on the site. Materials shall not be stored in the public right-of-way. 30. Traffic control and vehicular and pedestrian safety is the responsibility of the applicant, who shall prepare a traffic control plan and shall obtain approval of that plan from the Public Works Director prior to issuance of grading and hauling permits. 31. The Building Official and other City staff shall have the right to enter the property at all times during construction to inspect operating procedures, progress, compliance with permit conditions, and compliance with applicable codes. 32. Construction activities shall only occur only between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, and from 9:00 a.m. to 5:00 p.m. on weekends and holidays. All grading, excavation, and fill activity shall only occur between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, and no such activity shall occur on weekends or holidays. FINDINGS Design Review A. Criteria. The proposed structure or alteration is substantially in conformance with Section , Criteria for Approval of Applications. Based upon the submitted plans and noted finishes, the project is found to be in substantial conformance with the criteria for approval of applications. B. Compatibility with neighbors. The height, elevations, and placement on the site of the proposed structure or addition are compatible with the prevailing neighborhood character and scale and with the existing pattern of development in the neighborhood 9

10 73 Madrone Avenue PC Meeting: 11/10/15 Agenda Item: #1 and/or commercial area. Further, the proposed structure or addition avoids prominent scenic views (i.e., views of hillsides, Mt. Tamalpais, and San Francisco Bay from primary living areas). The Baltimore (Madrone) Canyon neighborhood is comprised of single-family development. Generally, lots along the subject block of Madrone Avenue are varied in size and configuration. The subject lot is one of the largest lots on this block and atypical in dimensions and size. This block and others in the surrounding neighborhood are a mix of one- and two-story residences, some of which been subject to significant remodeling and expansion since the original construction. The neighborhood is heavily vegetated with mature and significant trees and landscape. As proposed, the placement, height and elevations of the proposed expansion and renovation on the existing home and site are compatible with the prevailing neighborhood character and scale and with the existing pattern of development. Based upon the orientation of the lot and the area of expansion, the new addition will not result in the loss of significant views of hillsides, the San Francisco Bay or Mt. Tamalpais. C. Bulk. The orientation and scale of the proposed structure or addition in relation to the immediate neighborhood minimizes the perception of excessive bulk. The proposed structure or addition employs architectural features and details, which minimize the prominence of the structure. The proposed addition is designed to orient the primary living areas toward the rear yard. The home would remain a two- story structure and at the same height as the existing structure, at 26 feet and 10 inches at the roof peak with the kitchen gable at 12 feet and 9 inches above the first floor, the screened porch at 8 feet and 9 inches above the first floor at the outer perimeter and with the hip roof forms slopes up to meet the house at 11 feet and 3 inches above the first floor. This design remains compatible with the existing architectural style and character of the existing house. The design appears to adequately mitigate the added floor area as the existing vegetation and trees screen the residence at all sides of the house, is minimally visible from all surrounding neighbors with the existing vegetation, fences, and trees, and would not block any views for neighbors. D. Overall Design. Architectural features of multiple structures, additions, or design elements combine together in an attractive and visually cohesive manner. Further, the overall composition of the proposed structure or addition is compatible with and compliments the historic, architectural, and/or aesthetic character of the neighborhood or commercial area. These considerations include, but are not limited to, the structure s architectural style, size, design quality, use of building materials, and similar elements (e.g., relative to residential development, garage location, garage doors-number and size, window styles, front porches or entry stoops). The proposed house expansion and renovation presents a continuation of the existing design elements with some modifications to the materials and details that result in an attractive and clean exterior presentation. The design includes a new metal seam roof with a new roof slope in areas of the proposed additions and renovations with a minimal eave. All of the exterior walls are vertical tongue and groove painted wood siding including the rear walls would match the existing stucco siding and all new windows would be wood casement with metal cladding. These elements are found to combine together into an attractive and visually cohesive manner and will compliment the aesthetic character of the home and neighborhood. 10

11 73 Madrone Avenue PC Meeting: 11/10/15 Agenda Item: #1 E. Other Plans and Regulations. The project is consistent with any applicable specific, area, or precise plans and conforms to the standards and regulations of all applicable provisions of the Larkspur Municipal Code. There is no applicable specific area or precise plan for the Baltimore (Madrone) Canyon neighborhood. With approval of the requested front north and south yard setback variance, and design review for the proposed addition and minor modifications, this project otherwise conforms to all applicable provisions of the Larkspur Municipal Code. F. Public Health, Safety and Welfare. The location, size, design, and characteristics of the proposed structure(s) are compatible with, an will not be detrimental to, the public health, safety and welfare of the persons residing in or working in the proposed structures or in developments adjacent to the proposed project. This includes the layout of the structures, parking, circulation, pathways, landscaping and other amenities proposed for the site. The project is limited to the proposed construction of an expansion and renovation to the existing single family residence, and minor modifications in general conformance with all applicable zoning regulations. All construction will be required to comply with Uniform Building, Electrical, Mechanical and Fire Codes. Therefore, there is no evidence that the project will result in a detrimental impact to public health and safety, or unduly impact the welfare of persons working or residing in the proposed residence or adjacent residents. G. Green Building. The project design includes features that foster renewable energy and/or resource conservation, and the overall project (i.e., site design, building construction, energy efficiency, and waste reduction) meets or exceeds the applicable compliance threshold for green building as set forth by resolution of the City Council. The project is required to incorporate sufficient green building measures to meet or exceed the minimum requirements of the applicable State and local green building regulations for an Existing Home as set forth by the California Green Building Standards (CALGreen) Code and LMC Chapter 15 LMC at the time of submittal of building permits. Variance to Front Yard (North) A. Because of special circumstances applicable to the property, application of this title would deprive the property of privileges enjoyed by other properties in the vicinity and under identical zone classification. B. The variance requested would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the zone and vicinity in which the property is situated. C. The variance requested would not allow a use not otherwise expressly authorized by the zone regulations governing the property. D. The granting of the application, under the circumstances of the particular case, will not adversely affect the general health, safety, or welfare, or be detrimental to persons or property in the vicinity. 11

12 73 Madrone Avenue PC Meeting: 11/10/15 Agenda Item: #1 The Planning Commission finds that the site is constrained by physical site circumstances which are specific to the property the design results in the need for a front yard setback variance facing Madrone Avenue. Unique circumstances exist as: 1) the existing house already encroaches 11 inches into the front yard setback; 2) significant heritage trees exist to the west of the house; 3) a Fence Height Exception was previously approved to allow a 6-foot high wire fence (heavily vegetated) along the property frontage; and 4) the site has an unusual orientation relative to the street and surrounding properties and access to the garage is from the rear of the property over a private access easement. Strict application of the front yard setbacks would prevent the provision house expansion and prevent the property owners of privileges enjoyed by other properties in the neighborhood. An addition to this single family residence is not a change of use and would not result in a special privilege relative to surrounding properties. Further, the limited size of the expansion is compatible and consistent with the surrounding pattern of development in this neighborhood and would not be injurious to or affect the general health, safety, or welfare, or be detrimental to persons or property in the vicinity of the project. Variance to Front Yard (South) A. Because of special circumstances applicable to the property, application of this title would deprive the property of privileges enjoyed by other properties in the vicinity and under identical zone classification. B. The variance requested would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the zone and vicinity in which the property is situated. C. The variance requested would not allow a use not otherwise expressly authorized by the zone regulations governing the property. D. The granting of the application, under the circumstances of the particular case, will not adversely affect the general health, safety, or welfare, or be detrimental to persons or property in the vicinity. The Planning Commission finds that the site is constrained by physical site circumstances which are specific to the property the design results in the need for a front yard setback variance facing the alley at the rear of the property. Unique circumstances exist in that the parcel has two front setbacks as defined by the LMC. Further, the site has an unusual orientation relative to the street and surrounding properties and access to the garage is from the rear of the property over a private access easement. Strict application of the front south yard setbacks would prevent reasonable expansion provision house expansion and prevent the property owners of privileges enjoyed by other properties in the neighborhood. An addition to this single family residence is not a change of use and would not result in a special privilege relative to surrounding properties. Lastly, the limited scope of the addition is compatible and consistent with the surrounding pattern of development in this neighborhood and would not be injurious to or affect the general health, safety, or welfare, or be detrimental to persons or property in the vicinity of the project. 12

13 73 Madrone Avenue PC Meeting: 11/10/15 Agenda Item: #1 ATTACHMENTS 1. Aerial Location Map 2. Letter from Surveyor, dated October 22, Applicant s Statement of Design Review and Variance Findings 4. Development Review Checklist 5. Colors and Materials 6. Arborist Report, prepared by Marin County Arborists, dated September 3,

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