CITY OF GROVER BEACH DATE: MARCH 9, 2016 PLANNING COMMISSION AGENDA REPORT ITEM #: 4

Transcription

1 CITY OF GROVER BEACH DATE: MARCH 9, 2016 PLANNING COMMISSION AGENDA REPORT ITEM #: 4 TO: FROM: PLANNING COMMISSION BRUCE BUCKINGHAM, COMMUNITY DEVELOPMENT DIRECTOR JANET REESE, PLANNER II APPLICATION: DEVELOPMENT PERMIT LOCATION: 1342 ATLANTIC CITY AVENUE (APN ) SUBJECT: Consideration of a request for a Development Permit to construct a 924 square foot two-story addition, 70 square foot second floor deck and a 132 square foot roof deck to an existing 1,418 square foot single story single family residence with an attached 460 square foot garage. RECOMMENDATION Staff recommends that the Planning Commission adopt the resolution approving Development Permit BACKGROUND Existing Site Conditions The subject site is a 60-foot by 150-foot, 9,000 square foot lot. There is an existing 1,418 square foot single family residence and attached garage. The site frontage is improved with public improvements (curb, gutter and sidewalk). The site has overhead service lines to the existing residence from a pole located near the northwest corner of the property. Data Summary: Property Owner: Matthew and Catherine Gavette General Plan Designation: Low Density Residential Zoning: Low Density Residential (R1) Surrounding Zones & Existing Uses: North: High Density Residential (R3); Planned Unit Developments/Condominiums South/East/West: Low Density Residential (R1); single family residences, primarily single story DISCUSSION The applicant is proposing to construct a two story addition to the southwest portion of the existing structure. The addition includes a 462 square foot master suite on the first floor, a 462 square foot game room and 70 square foot south-facing deck on the second floor, and a roof deck above the second floor (reference Exhibit A of Attachment 1). A spiral staircase is Please Review for the Possibility of a Potential Conflict of Interest: None Identified by Staff Alex Laferriere McLaughlin Blum Rodman

2 Development Permit March 9, Atlantic City Avenue Page 2 proposed on the east side of the addition to access the roof deck from the deck. The proposed height is 23 feet 9 inches from the finished floor of the existing house, or feet from existing grade. The General Plan Land Use Element has two policies (LU-3.1 and LU-20.9) that are directly related to the development of in-fill lots. These policies are reiterated in Development Code Section B. LU-3.1 Compatible infill development. Housing built within an existing neighborhood should be compatible in scale and in character with that neighborhood. Where neighborhoods are primarily single story, two story housing may be permitted but should be designed to respect the privacy of surrounding residences. All multifamily development and large group-living facilities should be compatible with nearby, lower density development. a. Architectural Character. New buildings should respect existing buildings where they contribute to neighborhood architectural character, in terms of size, spacing, and variety. b. Privacy and Solar Access. New buildings should be designed to respect the privacy and solar access of neighboring buildings and outdoor use areas, particularly where multistory buildings or additions may overlook backyards of adjacent dwellings. c. Compatible Color and Materials. New buildings should employ a palette of building materials and colors that complements the existing development where they contribute to neighborhood architectural character. Architectural Character & Compatibility The neighborhood is composed of one and two single story residences, with a variety of architectural styles and materials. The proposed addition would match the existing residence in materials and style. Privacy The proposed 462 square foot second floor includes two six foot wide windows, one each on the east and west elevations, and one six foot wide south-facing sliding door. A 70 square foot south-facing deck at the rear of the addition and 132 square foot roof deck at the south end of the addition are also proposed. The second story deck would be located 5 feet from the west property line, 40 feet from the east property line, and approximately 64 feet from the south property line. The property owner of 588 North 13 th Street has expressed concerns about the proposed project s potential impacts related to privacy from the view into their east facing living room window/dining room sliding door and rear yard from the proposed second story window and second story deck. Attachment 4 depicts the potential line of sights from the second floor deck and windows. The Land Use Element Policy regarding privacy indicates projects should be designed to respect the privacy of neighbors. The term should is not mandatory as defined in the City s Development Code. Therefore, the Planning Commission may use its discretion to determine if the project as designed meets the intent of this policy. Historically, the Planning Commission has rarely, if ever, required applicants to eliminate windows related to privacy concerns. Typically, staff works with applicant s to seek voluntary revisions to proposed projects to mitigate potential privacy issues.

3 Development Permit March 9, Atlantic City Avenue Page 3 Staff believes that as the distance between the two residences increases, it reduces the potential impacts related to privacy. In the R1 zone the minimum side yard setback is five feet. Therefore, the minimum distance between two residences is a minimum of 10-feet. In this case, the distance between the proposed addition and the adjacent neighbor s window is approximately 22-feet. Based on the 22-foot separation, staff believes that the project as proposed meets the intent of the policy related to privacy. However, the Planning Commission could consider the following design alternatives to reduce or eliminate any potential privacy conflicts related to the west facing window: Require the window be replaced with high window(s) that would still allow light and ventilation; or Require the use of opaque glazing; or Eliminate the window. The property owner of 588 North 13 th Street has also expressed a concern that the south facing deck would overlook their property; however, the proposed game room extends to the southerly property line of 588 North 13 th Street, with the deck extending beyond the property line by six to 11-feet (reference Attachment 4). Based on the location of the proposed deck, the orientation of the deck facing south, and the generally limited use of a deck, staff believes the south facing deck meets the intent of the policy. If the Planning Commission believes there is a potential privacy issue, one option to consider would be to increase the setback from the west property line. Solar Access The property owner of 588 North 13 th Street has expressed concerned about the proposed project s potential impacts related to reducing the amount of light into their living and dining rooms. The Land Use Element Policy regarding solar access indicates projects should be designed to respect the solar access of neighboring building and outdoor use areas. The term should is not mandatory as defined in the City s Development Code. Therefore, the Planning Commission may use its discretion to determine if the project as designed meets the intent of this policy. Historically, the Planning Commission has never denied a second story addition based on concerns regarding solar access. Further, neither the Planning Commission nor the City Council have ever indicated that second story additions meeting the minimum five foot side setback are potentially inconsistent with this policy. Staff believes the intent of the policy is to avoid new development from significantly blocking solar access to an adjacent residence and yard areas. However, the intent is not that every existing window or yard area is guaranteed solar access (i.e., never in a shadow). Typically a new building or addition will block a portion of the solar access to adjacent properties. However, generally all residences in the R1 zone will maintain solar access to the front of the residence (i.e., the street prevents structures from blocking the sun) and the rear of the residence where the minimum building separation is typically 20-feet. It is very common in neighborhoods with all two story residences to have side setbacks with a minimum five foot setback, or a minimum of 10-feet between structures, which will often create shadows on the adjacent structures and obstruct direct sunlight. The proposed addition is directly east of the adjacent residence located at 588 North 13 th Street and would affect solar access in the morning as the sun is rising, especially to any east facing

4 Development Permit March 9, Atlantic City Avenue Page 4 windows. As discussed above, if the intent of the policy was to guarantee solar access to every existing window, side setbacks would need to be increased to more than the five foot minimum. Based on the above discussion, staff believes the proposed project meets the intent of the policy to respect solar access because the proposed project does not substantially block solar access to the entire residence, it only reduces solar access to the east facing windows. Staff did not require the applicant provide a shadow model to illustrate the length of shadows created by the proposed project. However, staff did use an on-line shadow model to illustrate the approximate time that the east facing window/sliding door of the adjacent property would be free from shadows as follows: Winter Solstice (December 21) approximately 9:00 a.m. Summer Solstice (June 21) approximately 10:00 a.m. Spring/Fall Equinox (March 21/September 21) approximately 10:30 a.m. If the Planning Commission would like a more detailed shadow analysis, it could direct the applicant to prepare a study. If the Planning Commission finds that the proposed project does not meet the intent of the policy, then potential solutions include requiring an increased side setback and/or reduce the height of the addition. Roof Deck The property owner of 588 North 13 th Street has expressed concerns about the proposed project s potential impacts related to privacy from the view of the roof deck. Attachment 5 depicts the potential line of sights from the roof deck. Consistent with Development Code Section , the roof deck is located three feet from the west facing wall (i.e., setback eight feet from the west property line). The intent of the Code is by increasing the roof deck setback, the view into the adjacent single story windows located at the minimum five foot side yard setback is mitigated. However, in this case the location of the living/dining room window in the adjacent structure is approximately 17 feet from the property line, or 25-feet from the proposed roof deck. Therefore the increased setback of three feet does not eliminate the view into the single story window. However, the privacy impact is partially mitigated by the distance. The Development Code requires two findings be made to approve roof decks: 1. The project design will maintain privacy into the single story windows located in the adjoining side yard. 2. The project design will maintain privacy into the adjoining rear yards. The applicant has provided a design option to construct a parapet wall at the five foot setback, eliminating the shingled roof adjacent to the roof deck (reference Attachment 5). This would eliminate the view into the neighbor s window and reduce the view into the yard. Staff believes that the addition of the parapet wall is necessary to make the findings to approve the roof deck. Therefore, staff has added a condition of approval requiring the construction of a parapet wall. LU-20.9 Building height of residential infill development. The height of residential infill projects should be consistent with that of surrounding residential structures, and incorporate features to protect existing views and privacy where reasonable. Where greater height is desired, an infill structure should set back the upper floors from the edge of the first story to reduce impacts on adjacent properties. The maximum height in the R1 zone is 25 feet and the proposed residence would be 24 feet 10 inches. There is a mixture of single story and two story residences in the vicinity. The property

5 Development Permit March 9, Atlantic City Avenue Page 5 owners of 588 North 13 th Street are concerned with the addition eliminating their view of the sky from their living/dining room window (reference Attachment 8). In addition to the above General Plan policy, Section (F)(4) of the Development Code requires that the Planning Commission make a finding that the proposed project would not substantially obstruct views from adjacent properties. Story poles were erected on the site to demonstrate the proposed height of the proposed addition and their height determined by a licensed surveyor. It should be noted that the height of the poles range from to feet above the existing finished floor elevation of feet, but the elevation plans indicate a height of feet from finished floor (24.79 feet from average natural grade). Therefore, the poles are approximately one foot too high. View Analysis The neighborhood has a mix of one- and two-story homes. Staff has visited the site and taken photographs from various locations from the public right-of-way and it does not appear that the proposed addition would substantially block views of the ocean, dunes, hillsides, etc. from surrounding properties (reference Attachment 3). However, staff is unable to assess views from all the surrounding properties and the purpose of the public hearing is to allow input from residents. The property owners of 588 North 13 th Street were the only neighbors who contacted the City with their concerns once the story poles were erected. The City s Development Code requires that the Planning Commission make a determination as to whether the views from adjacent properties are substantially obstructed. The existing policy does not differentiate or place a higher value on ocean views over other views (e.g., dunes, hillsides, etc.). The determination of what is substantial is to be made by the Planning Commission after review of all the information, including public testimony, at the conclusion of the public hearing. Based on staff s site visit to 588 North 13 th Street, the proposed addition would not block any view other than the sky from the living window and dining room sliding door (reference Attachment 6). The past practice of the Planning Commission and the City Council has been to evaluate views of the ocean, dunes, and hillsides (i.e. territorial views) and has never indicated that views of the sky apply to the Development Code requirement that projects not substantially obstruct views. This requirement has been in place for over 20 years and there has never been an analysis of views of the sky to staff s knowledge. Therefore, staff does not believe that the intent of the Development Code requirement that project s not substantially obstruct views applies to views of the sky. Development Standards The proposed project complies with the development standards for the R1 Zone as shown below. Development Standard Requirement Proposed Lot Coverage Maximum 45% 20% Landscaping Minimum 40% 50% Front Yard Setback 20 feet 20 feet (existing) Rear Yard Setback 10 feet 69 feet Side Yard Setback 5 feet 5 feet Parking 2 car garage 2 car garage Building Height from average natural grade 25 feet (184.26) feet (184.05)

6 Development Permit March 9, Atlantic City Avenue Page 6 Public Works Department The lot is currently improved with curb, gutter, and sidewalk consistent with City standards. Should it be damaged during construction, it will be required to be replaced. Development Code Section 5.40 requires that additions underground all services lines, but allows existing distribution lines to remain overhead. Therefore, a condition has added requiring all service lines be placed underground from the pole to the house. The proposed project would increase the total amount of impervious surfaces by approximately 500 square feet. Development Code Section requires on-site retention when there is an increase to impervious surface area. The applicant is proposing an above ground basin at the southern end of the property that would meet the City standard. Fire Department The area of the proposed addition is less than fifty percent of the existing structure, which does not require the installation of fire sprinklers. Conclusion Staff is of the opinion that the proposed project is consistent with the General Plan and Development Code as discussed in the staff report. Therefore, staff recommends approval of the project subject to the conditions of approval. ENVIRONMENTAL REVIEW The project qualifies for a Class 1 Categorically Exempt in accordance with the California Environmental Quality Act (CEQA). A Class 1 exemption (Section 15301) consists of projects involving existing structures that involve negligible expansion of use. The proposed addition of 924 square feet is defined as negligible. ALTERNATIVES The Planning Commission has the following alternatives to consider: 1. Adopt the resolution approving Development Permit 15-09; or 2. Provide alternative direction to staff; or 3. Direct staff to prepare a resolution denying the project with findings. RECOMMENDATION Staff recommends that the Planning Commission adopt the resolution approving Development Permit PUBLIC NOTIFICATION On February 26, 2016, the public hearing notice was published in The Times Press Recorder, mailed to all property owners within 300 feet of the property, and posted as required by City code. In addition, the agenda was posted in accordance with the Brown Act.

7 Development Permit March 9, Atlantic City Avenue Page 7 ATTACHMENTS 1. Draft Resolution Exhibit A: Plans 2. Vicinity Map 3. Site Photos 4. View and Privacy Assessment from Second Floor Window and Deck 5. View and Privacy Assessment from Roof Deck 6. View and Privacy Assessment from 588 North 13 th Street 7. Solar Access Assessment 8. Letter from 588 North 13 th Street

8 Attachment 1 PLANNING COMMISSION RESOLUTION NO. 16- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GROVER BEACH, APPROVING A DEVELOPMENT PERMIT FOR DEVELOPMENT PERMIT (1342 ATLANTIC CITY AVENUE) WHEREAS, the Planning Commission for the City of Grover Beach has received for its review and consideration a Staff Report and presentation in connection with Development Permit 15-09, requesting approval for a Development Permit to construct a two story addition to the existing single story single family residence at 1342 Atlantic City Avenue (APN ) in the Low Density Residential (R1) Zone; and WHEREAS, the notice of Public Hearing was sent to adjoining property owners and advertised in the manner required by law; and WHEREAS, the project is categorically exempt from the California Environmental Quality Act (CEQA), Class 1: Existing Facilities; and WHEREAS, the Planning Commission of the City of Grover Beach has reviewed and considered Development Permit at a Public Hearing on March 9, 2016; and WHEREAS, the Planning Commission for the City of Grover Beach makes the following findings in accordance with Grover Beach Municipal Code (GBMC) Article IX, Section (F), subject to the Conditions of Approval contained herein: 1. The proposed development is consistent with the General Plan, the Development Code, and other City goals, policies, and standards, as applicable. The proposed project is consistent with Land Use Element policies regarding infill development because the materials and color of the proposed project is compatible with the existing residence and other existing homes in the neighborhood. The project has been designed to respect the privacy of the adjacent property owner to the west by proposing a single west-facing window. The project has been designed to meet all development standards of the R1 Zone. 2. The subject site is physically suitable in terms of design, location, operating characteristics, shape, size, and topography. The site is currently developed with a onestory residence. The site location, lot size, and topography are suitable for the development of a single family residence. 3. The site s suitability ensures that the type, density, and intensity of use being proposed will not constitute a hazard to the public interest, health, safety, or welfare. The site is currently served by City water and sewer, and all other public utilities. The use, density and intensity of the residential use are consistent with the R1 Zone. The project has been conditioned to meet all applicable Building and Fire Codes to ensure the project will not constitute a hazard to the public interest, health, safety, or welfare. 4. The project will not substantially obstruct views from adjacent properties because there are no existing territorial views from adjacent properties that the proposed project would affect

9 PC Resolution No. 16- March 9, Atlantic City Avenue Page 2 WHEREAS, the Planning Commission for the City of Grover Beach makes the following findings in accordance with Grover Beach Municipal Code (GBMC) Article IX, Section (G), subject to the Conditions of Approval contained herein: 5. The project design will maintain privacy into the single story windows located in the adjoining side yard. Based on the condition of approval requiring a parapet wall at the five foot side setback as illustrated on Exhibit A, views into the adjacent residence east facing door and window will be reduced. 6. The project design will maintain privacy into the adjoining rear yards. Based on the condition of approval requiring a parapet wall at the five foot side setback as illustration on Exhibit A Page 8, views into the adjacent property located 588 North 13 th Street will be reduced. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission for the City of Grover Beach DOES HEREBY APPROVE the Development Permit associated with Development Permit 15-09, subject to the following conditions: CONDITIONS OF APPROVAL: GENERAL G-1. G-2. G-3. G-4. This Development Permit will not take effect until the Applicant and Property Owner sign the Planning Commission Resolution agreeing to the terms and Conditions of Approval. Failure to sign within thirty (30) calendar days of Planning Commission approval shall constitute non-compliance with said conditions resulting in an automatic withdrawal of the approval. Failure to appeal the Planning Commission action or a specific condition imposed as provided in GBMC Article IX, Section within 10 working days of Planning Commission action shall be deemed as agreement to all conditions of approval. The Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant s expense, City and City s agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section to attack, review, set aside, void or annul the approval of this resolution or to determine the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney s fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. Applicant s acceptance of this resolution or commencement of construction or operations under this resolution shall be deemed to be acceptance of all conditions contained in this resolution. All notes and specifications as shown on the plans shall be considered Conditions of Approval. If there is a conflict between the approve plans and the Conditions of Approval, the Conditions of Approval shall prevail.

10 PC Resolution No. 16- March 9, Atlantic City Avenue Page 3 G-5. G-6. G-7. G-8. The approval granted by this Resolution shall be valid for twenty-four (24) months of the Planning Commission final approval date, and shall expire unless a valid building permit is issued and construction commenced. A request for a time extension shall be submitted to the Community Development Department as provided in GBMC Article IX, Section The project shall comply with all Federal, State, Local and City codes, regulations, and standards. Prior to commencement of construction, plans shall be approved and applicable permits obtained. The hours of construction shall be from 7:00 a.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m. to 5:00 p.m. Saturday, Sunday, and holidays, in accordance with Municipal Code Section All construction traffic shall access the site utilizing the truck route(s) closest to the site as defined in the City Circulation Element and as approved by the City s Police Department. Violations are subject to citation and fines. All Conditions of Approval shall be provided on a full size drawing sheet as part of the drawing sets. A statement shall also be placed on the above sheet as follows: "The undersigned have read and understand the above conditions, and agree to abide by any and all conditions which it is their usual and customary responsibility to perform, and which are within their authority to perform. Signed: Property Owner Date Contractor Date License No. Architect Date License No. Engineer Date License No. COMMUNITY DEVELOPMENT DEPARTMENT CDD-1. CDD-2. CDD-3. This approval authorizes the construction of a 924 square foot two story addition with a 70 square foot second floor deck and 132 square foot roof deck in substantial conformance with the project plans attached as Exhibit A. Prior to issuance of a building permit, the applicant shall submit a final landscape plan in compliance with GBMC Article IX Section 3.30 Landscaping Standards. Prior to issuance of a building permit, the applicant shall revise the building plans to incorporate a parapet wall for the roof deck as shown in Exhibit A.

11 PC Resolution No. 16- March 9, Atlantic City Avenue Page 4 PUBLIC WORKS DEPARTMENT PW/CE-1. Prior to issuance of a building permit, the applicant shall comply with Municipal Code Article IX Development Code, Chapter 5.60 Stormwater Construction and Post Construction Management. This will require submittal of an Erosion Control Plan utilizing best management practices and a Water Pollution Control Plan. The submittal and recordation of the Post Construction Stormwater Management System Operations & Maintenance plan, checklist and maintenance agreement is also required. PW/CE-2. Prior to issuance of a building permit, the applicant shall submit and obtain approval for a stormwater retention facility sized in accordance with Municipal Code Article IX Development Code, Chapter Drainage Standards. PW/CE-3. Prior to occupancy of the addition, all overhead utility service line between the utility pole and the subject property, shall be located underground, as required by Municipal Code Article IX Section PW/CE-4. Should any of the public improvements (curb, gutter, sidewalk or street) be damaged due to construction activity, the damaged portion(s) shall be repaired or replaced as necessary to the satisfaction of the Director of Public Works/City Engineer prior to occupancy of the addition. On motion by, seconded by, and on the following roll-call vote, to wit: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners the foregoing RESOLUTION NO. 16- was PASSED, APPROVED, and ADOPTED at a Regular Meeting of the City of Grover Beach Planning Commission on this 9 th day of March, Attest: JOHN LAFERRIERE, CHAIR BRUCE BUCKINGHAM, COMMUNITY DEVELOPMENT DIRECTOR SECRETARY TO THE PLANNING COMMISSION ACCEPTANCE OF CONDITIONS This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions

12 PC Resolution No. 16- March 9, Atlantic City Avenue Page 5 and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Applicant Date Property Owner or Authorized Agent Date

13 PC Resolution No. 16- March 9, Atlantic City Avenue Page 6 EXHIBIT A

14 PC Resolution No. 16- March 9, Atlantic City Avenue Page 7

15 PC Resolution No. 16- March 9, Atlantic City Avenue Page 8

16 PC Resolution No. 16- March 9, Atlantic City Avenue Page 9

17 Vicinity Map 1342 Atlantic City Attachment 2

18 Attachment 3 Site Photos Story Poles Subject site Story Poles Subject site from northeast (looking southwest)

19 Across from site (north) Northeast of site Northwest of site

20 Story Poles Adjacent property to the west Adjacent property to the east

21 Story Poles From North 14 th Street, facing west Story Poles From 13 th Street, facing east (588 North 13 th on left)

22 Attachment 4 View and Privacy Assessment from Second Floor Window and Deck Proposed Addition Game Room Second Floor Deck

23 Line of Sight Atlantic City Avenue South property line Line of Sight Line of Sight Wall with Window and Slider Fence on West property line Fence on East property line

24 Line of Sight Atlantic City Avenue South property line As Proposed: Line of Sight Line of Sight Wall with Window and Slider Fence on West property line Fence on East property line With optional wall: Line of Sight Line of Sight View and Privacy Assessment from Roof Deck Wall with Window and Slider Fence on West property line Fence on East property line Attachment 5

25 Line of sight from living room and dining room located on first floor: 588 North 13 th Street 1342 Atlantic City Avenue Wall with Window and Slider looking out living room window to the east existing proposed Addition would be located here View and Privacy Assessment From 588 North 13 th Street Attachment 6

26 closer to window, looking east Addition would be located here existing proposed looking out living room window to the southeast Addition would be located here existing proposed

27 looking out living room window to the southeast and upwards (sitting in a chair): Addition would be located here existing proposed looking out dining room sliding door to the east: Addition would be located here existing proposed

28 Attachment 7 Solar Access Winter Solstice

29 Equinox Sunset Sunrise

30 Summer Solstice 10:00AM

31 '?;57,4' /,Yd,Nt1tf, '?// /;crz 1 "'/7;: km#?3:t ;;; /, E f'7 jij / 'Y".,,,'1}1 ~' "', r a..t-;;j 'l9'%bij;v /:lf' Attachment 8