Transcript Consideration of a Call for Review: Expressive

Planning & Community Development Department
Appeal of Board of Zoning Appeals’
Approval of
Hillside Development Permit #6135
518 Glen Holly Drive
City Council Meeting
April 11, 2016
Appeal
Planning & Community Development Department
• Scope of Appeal
> Pursuant to Section 17.72.040 of the City’s Zoning Code, any
CEQA document or decision that is certified or approved may be
appealed to the Council.
> The appeal shall include both the CEQA document certification or
approval and the accompanying land use permit.
• Effect of Appeal “vacates” the previous decision.
• There are two issues before the Council tonight:
> CEQA Determination (Exemption); and
> Hillside Development Permit (Land Use Entitlement)
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Appeal
Planning & Community Development Department
• When reviewing an appeal, the City Council may:
> Consider any issues associated with the decision being appealed,
in addition to the specific grounds for the appeal;
> Reverse, modify, or affirm, in whole or in part, the determination,
decision, or action that is the subject of the appeal; and
> Adopt addition conditions of approval that were not considered or
imposed by the original applicable review authority, deemed
reasonable and necessary.
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Appeal
Planning & Community Development Department
• Before the City Council is appeal of a decision made by
the Board of Zoning Appeals.
> Board of Zoning Appeals approved the requested Hillside Development
Permit on February 17, 2016.
> Appeal period was from February 18, 2016 to February 29, 2016 (10th day
fell on weekend). Effective date of March 1, 2016.
> An appeal was filed by the property owners of 1460 Cheviotdale Drive on
Thursday, February 25, 2016.
> On February 29, 2016, Councilmember Madison called for review the
Board of Zoning Appeals decision, therefore the appeal period stayed.
> At the March 7, 2016 City Council meeting, the item was discussed and
the Call for Review was withdrawn. The appeal period then continued to
run until March 8, 2016.
> The appeal was augmented on March 8, 2016 to include the CEQA
determination.
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California Environmental Quality Act
Planning & Community Development Department
• California Environmental Quality Act (CEQA) applies to all
"projects”, as defined by CEQA as an activity which must
receive some discretionary approval from a government
agency which may cause either a direct physical change
in the environment or a reasonably foreseeable indirect
change in the environment.
• CEQA Guidelines include a list of classes of projects
which have been determined not to have a significant
effect on the environment and therefore are exempt from
the provisions of CEQA.
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CEQA Determination
Planning & Community Development Department
• Existing Facilities Exemption (Section 15301, Class 1)
> Class 1 consists of the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private
structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of use beyond that
existing at the time of the lead agency's determination. The key
consideration is whether the project involves negligible or no
expansion of an existing use.
> The requested Hillside Development Permit has been determined
to be exempt from environmental review pursuant to the guidelines
of CEQA under §15301 (Class 1, Existing Facilities) since the
proposed 577 square foot addition would constitute a negligible
expansion of the existing single-family residential use. The use of
the property would remain as a single-family residence.
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Requested Entitlement
Planning & Community Development Department
• Hillside Development Permit:
> To allow the construction of a 577 square-foot two-story addition to
an existing 1,547 square-foot, single-story, single-family residence
with a 329 square-foot detached garage in the RS-6-HD-SR
zoning district.
> Approval of a Hillside Development Permit is required for the
construction of second story additions exceeding 500 square feet
in the Hillside Development Overlay District.
> The proposed project meets all applicable development standards
required by the Zoning Code, including the allowable height,
maximum floor area, minimum setbacks, as well as the
Neighborhood Compatibility guidelines of the Hillside Ordinance.
No variances are required for the project.
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Required Findings
Planning & Community Development Department
• Hillside Development Permit:
1. The proposed use is allowed with a Hillside Development Permit within
the applicable zoning district and complies with all applicable provisions
of this Zoning Code;
2. The location of the proposed use complies with the special purposes of
this Zoning Code and the purposes of the applicable zoning district;
3. The proposed use is in conformance with the goals, policies, and
objectives of the General Plan and the purpose and intent of any
applicable specific plan;
4. The establishment, maintenance, or operation of the use would not, under
the circumstances of the particular case, be detrimental to the health,
safety, or general welfare of persons residing or working in the
neighborhood of the proposed use;
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Required Findings (cont.)
Planning & Community Development Department
• Hillside Development Permit:
5. The use, as described and conditionally approved, would not be
detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the City; and
6. The design, location, operating characteristics, and size of the proposed
use would be compatible with the existing and future land uses in the
vicinity in terms of aesthetic values, character, scale, and view protection.
7. The design, location, and size of proposed structures and/or additions or
alterations to existing structures will be compatible with existing and
anticipated future development on adjacent lots, as described in Section
17.29.060.D, and in terms of aesthetics, character, scale, and view
protection;
8. The placement of proposed structures avoids the most steeply sloping
portions of the site to the maximum extent feasible and minimizes
alteration of hillside topography, drainage patterns, and vegetation.
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View Protection
Planning & Community Development Department
• Section 17.29.060.E – View protection. A proposed
structure shall be designed and located so that it avoids
blocking views from surrounding properties to the
maximum extent feasible, as determined by the review
authority, and as follows. For purposes of this Chapter,
“surrounding” properties refers to all abutting properties as
well as properties directly across a street from the subject
property.
> New structures and tall landscaping shall not be placed directly in
the view of the primary viewing areas on a neighboring parcel. For
purposes of this Chapter, “primary” living area refers to living
rooms, family room, patios, but not a kitchen, bedroom, or
bathroom.
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View Protection
Planning & Community Development Department
Figure 2-6 — Siting New Building to Preserve Views
Figure 2-7 – Example of Preferred Location of Second Floor to Preserve Views
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Surrounding Area
Planning & Community Development Department
1460 Cheviotdale Drive
(appellant)
518 Glen Holly Drive
(applicants)
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Adjacent Property
Planning & Community Development Department
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Original Proposal - Site Plan
Planning & Community Development Department
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Modifications to the Project
Planning & Community Development Department
• In order to address staff’s concerns regarding the original
project, and in an attempt to address the neighbors’
concerns, the following changes were made to the project:
> The length of the addition was reduced by 7’-0”, reducing its
encroachment into the protected view from the patio area of 1460
Cheviotdale Drive;
> The rear balcony was eliminated, and a front balcony was added;
> To protect privacy, the windows along the north and east elevation
were modified to be raised above eye level or reduced in size.
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Revised Project - Site Plan
Planning & Community Development Department
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Hearing Officer
Planning & Community Development Department
• November 4, 2015: Project Continued
• December 2, 2015: Hearing held
• Staff’s Recommendation to the Hearing Officer was for
approval of the application
• At the conclusion of public testimony, the Hearing Officer
approved the entitlement application
• December 2 to December 14, 2015: Appeal Period
• December 14, 2015: Appeal filed was filed by the property
owners of 1460 Cheviotdale Drive citing a disagreement
with the decision of the Hearing Officer
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Board of Zoning Appeals
Planning & Community Development Department
• Board of Zoning Appeals Hearing was held on February
17, 2016:
• After taking public testimonies, at the conclusion of the
hearing:
> A motion was made to uphold the Hearing Officer’s decision and
approve the Hillside Development Permit, and
> To adopt the environmental determination that the proposed
project is exempt from environmental review.
> The motion resulted in a 3-2 vote by the five members present.
> As a result, action was taken to approve the Hillside Development
Permit.
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Scope of the Appeal
Planning & Community Development Department
• After taking public testimonies, at the conclusion of the
hearing:
>
>
>
>
CEQA Determination;
View obstruction;
Loss of sunlight; and
Loss in Property Value.
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Response to the Appeal
Planning & Community Development Department
• The redesigned project is not located directly in the view of
the patio area of 1460 Cheviotdale Drive. The roofline
directly in front of the patio area will remain unchanged.
• Project is exempted from CEQA since the use of the
property will remain a single-family residence.
• The project complies with all development standards such
as setbacks, height, and encroachment plane, which
provides for sufficient separation between structures.
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Conclusion
Planning & Community Development Department
• Staff concludes that:
> The proposed project meets all applicable development standards
required by the Zoning Code, including the Neighborhood
Compatibility guidelines of the Hillside Ordinance. No variances
are required for the project.
> The addition has been designed to minimize its aesthetics, views,
and privacy impacts on the adjacent properties.
> The proposed second-story addition has been designed to be
integrated and compatible with the architecture of the existing
residence.
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Recommendation
Planning & Community Development Department
• Staff’s Recommendation to the City Council is to uphold
the Board of Zoning Appeals’ decision and: for approval of
the application:
> Adopt the Environmental Determination, that the proposed project
is exempt from environmental review pursuant to the guidelines of
the California Environmental Quality Act (Public Resources Code
§21080(b)(9); Administrative Code, Title 14, Chapter 3, Class 1
§15301, Existing Facilities); and
> Approve Hillside Development Permit #6315.
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Planning & Community Development Department
Appeal of Board of Zoning Appeals’
Approval of
Hillside Development Permit #6135
518 Glen Holly Drive
City Council Meeting
March 7, 2016
Findings
Planning & Community Development Department
1.
The proposed use is allowed with a Hillside Development Permit within the applicable zoning district and
complies with all applicable provisions of this Zoning Code. A single-family residential use is allowed in the
RS-6-HD-SR (Residential Single-Family, Hillside Overlay District, San Rafael Area) Zoning District. In
addition, the proposed addition will be in compliance with all applicable development standards, including
maximum allowable floor area, lot coverage, setbacks, building height, and off-street parking requirements
of the RS-6-HD-SR Zoning District.
2.
The location of the proposed use complies with the special purposes of this Zoning Code and the purposes
of the applicable zoning district. The subject property is zoned RS-6-HD-SR, which is designated primarily
for single-family residential purposes. The properties in the neighborhood are currently developed with
single-family residences, and the project, as conditioned, will be consistent with existing development in the
vicinity. As analyzed, the project will meet all applicable development standards of the Zoning Code and no
variances are required in conjunction with the proposal.
3.
The proposed use is in conformance with the goals, policies, and objectives of the General Plan and the
purpose and intent of any applicable specific plan. The subject site is designated as Low Density
Residential in the General Plan Land Use Element. The use of the site will remain a single-family residence;
therefore, the character of the single-family neighborhood will be maintained. General Plan Land Use Policy
21.9 (Hillside Housing) requires additions to maintain appropriate scale, massing and access to residential
structures located in hillside areas. The proposed addition complies with all the development standards set
forth in the City’s Zoning Code, the habitable area of the proposed residence is compatible with the
habitable area of the residences in the immediate neighborhood, and the project has been designed to
match the architectural style of the existing residence. Additionally, the addition’s scale and massing is in
keeping with the scale and setting of the surrounding residences. Therefore staff finds that the project
would be consistent with General Plan objectives and policies.
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Findings (cont.)
Planning & Community Development Department
4.
The establishment, maintenance, or operation of the use would not, under the circumstances of the
particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the
neighborhood of the proposed use. The second-story addition has been designed to avoid blocking the
views to the maximum extend feasible as it has not been placed directly in the view from the patio at 1460
Cheviotdale Drive. The fenestration on the proposed addition has been designed to avoid impacting the
privacy of the adjacent residences. Additionally, the proposed project meets all adopted Code requirements
and will be subject to all current Code provisions. As proposed, the height of the new building will be below
the maximum allowable height, and the floor area will be within the maximum floor area permitted for the
site. The project meets all Code requirements and no variances are required. Therefore, the proposed
project will not be detrimental to the public health, safety, or welfare of persons or properties within the
surrounding neighborhood. The addition will also be compatible with the character and scale of the existing
development on the adjacent properties. Thus, the project is consistent with development in the
neighborhood.
5.
The use, as described and conditionally approved, would not be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City. The proposed addition will be
constructed in compliance with the current Building and Zoning Code. Furthermore, the City’s plan check
process will ensure that the proposed project will meet all of the applicable building and safety and fire
requirements. The project must also comply with the conditions of approval required by the Department of
Public Works. A Soils Engineering Report has been submitted which reported that the site is considered
feasible for construction of the proposed additions.
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Findings (cont.)
Planning & Community Development Department
6.
The design, location, operating characteristics, and size of the proposed use would be compatible with the
existing and future land uses in the vicinity in terms of aesthetic values, character, scale, and view
protection. The project complies with all the development standards of the Zoning Code. The project is not
located on the top of any prominent ridgelines, and has been designed to avoid blocking the views to the
maximum extend feasible as it has not been placed directly in the view from the patio at 1460 Cheviotdale
Drive. The proposed project complies with the maximum allowable floor area requirements and is within the
Neighborhood Compatibility guidelines; and will be compatible with the architectural character of the existing
residence, as the addition will maintain the same Spanish architectural style as the existing residence. The
addition will also be compatible with the character and scale of the existing development on the adjacent
properties. Thus, the project is consistent with development in the neighborhood.
7.
The design, location, and size of the proposed structures and/or additions or alterations to existing
structures will be compatible with existing and anticipated future development on adjacent lots as described
in Section 17.29.060.D of this ordinance and in terms of aesthetics, character, scale, and view protection.
The Neighborhood Compatibility guidelines are established to ensure that a project is compatible with the
character and scale of existing development in the vicinity. The size of the proposed project (not including
the proposed garage) is 2,124 square feet, and within the Neighborhood Compatibility threshold of 2,190
square feet. Furthermore, the addition has been designed to avoid blocking the views to the maximum
extend feasible as it has not been placed directly in the view from the patio at 1460 Cheviotdale Drive.
Thus, the project is in scale with the context and character of existing and future development in the
neighborhood.
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Findings (cont.)
Planning & Community Development Department
8.
The placement of the proposed additions avoids the most steeply sloping portions of the site to the
maximum extent feasible and minimizes alteration of hillside topography, drainage patterns, and vegetation.
The subject property has an average slope of 17.2 percent as it slopes upwards from Glen Holly Drive to a
previously graded portion of the lot, which gradually slopes upwards from south to north, and the driveway
slopes from Glen Holly Drive to the rear of the lot. The existing residence is located on the flat portion of the
lot, and the proposed addition will be constructed entirely above the footprint of the existing residence,
therefore avoid any sloping portion of the site. No grading is proposed as part of the project, and drainage
plans for building permits will be based upon the hydrology study and recommended on-site improvements.
The project shall meet all applicable Standard Urban Stormwater Mitigation Plan requirements of the
Building Division.
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