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HomeMy WebLinkAboutPlanning Commission 2012-09-11 #5 CITY OF Community Development Department – Planning Division P. O. Box 151560, San Rafael, CA 94915-1560 PHONE: (415) 485-3085/FAX: (415) 485-3184 Meeting Date: September 11, 2012 Agenda Item: Case Numbers: AP12-003 Project Planner: Sarjit Dhaliwal – (415) 485-3397 REPORT TO PLANNING COMMISSION SUBJECT: 37 Perry Walk – Appeal of Zoning Administrator approval of an Environmental and Design Review Permit to demolish an existing 892-sq. ft. 2-story single family residence and construct a new 3,206-sq. ft. 3-story single family residence above a basement; Exception to provide the required guest parking spaces in the driveway; and Variance to encroach 20 feet into the required 20-ft. front yard setback and to encroach 10 feet into the required 10-ft. side yard setback and to construct a retaining wall over 4-ft. high for access steps, located on a 15,161+sq. ft. lot with an approximately 55.0% slope; APN: 013-133-04; Single Family Residential District (R10); Rafael Ruiz, owner; James Bradanini, applicant; appellants, Amy Koenig and Joanne Brauman; Case File Nos.: ED11-078; V11-003 (Continued from July 24, 2012) EXECUTIVE SUMMARY The project proposes to replace an existing 884 sq ft single family home with a new 2,597 sq ft, 2-story single family home. Additionally, the project requests an Exception to allow the required guest parking spaces to be located in the driveway. The project is subject to an Environmental and Design Review Permit at the Zoning Administrator level as it proposes a new multi story single family home in a hillside area. An appeal of the acting Zoning Administrator’s approval of the project was reviewed by the Planning Commission on July 24, 2012. Although the Commission generally agreed that the project applicant had complied with the directions provided by the Design Review Board, some Commissioners expressed concerns with the project massing, stepbacks, setback variance (the variance request has since been dropped) and inadequate parking design for the hillside property. Therefore, the Commission continued this project to September 11, 2012 and directed the applicant to come back with a design that addressed those concerns. The applicant has since revised the project and relocated the residence further back on to the property and away from the appellant’s property thereby eliminating the need for setback variances, reduced its size from 3,206 sq. ft. to 2,597 sq. ft. and from the six bedrooms to three bedrooms, and reduced its bulk by removing the top floor. Staff recommends that the Planning Commission find and determine that with the significantly redesigned project, the points of the appeal cannot be supported. Most of the concerns expressed by the Commission and issues raised by the appeal have been addressed adequately. The revised project now complies with all the development standards required for the R10 Zoning District. All setback variance requests have been eliminated through the redesign. The revised project also complies with the Hillside Overlay District, with the exception of the guest parking requirement. Findings to grant an Exception have been made, based on the topography and size of the property. In order to minimize grading, even a 2-bedroom house on the subject property would need the granted Exception. If this Exception is not REPORT TO PLANNING COMMISSION - Case No: ED11-078, V11-003 Page 2 granted, the project would need to be pushed back further into the steep hillside, thereby requiring more grading and an Exception from the Natural State requirement to be reviewed by the City Council. RECOMMENDATION It is recommended that the Planning Commission adopt a Resolution denying the Appeal (AP12-003) and upholding the Zoning Administrator’s conditional approval of the project with the project revisions. BACKGROUND On June 21, 2011, the Design Review Board reviewed a conceptual design for the expansion of the existing residence to 3,825 sq. ft. The Board recommended that the applicant should consider rebuilding the house, reduce its size and provide the required parking. On February 7, 2012, the Design Review Board reviewed an Environmental and Design Review Permit for demolition of the existing residence and the construction of a new 3,415 sq. ft. single family residence. The Board recommended that the project be moved away from the adjacent residence at 12 Perry Walk, reduce its bulk impact, widen the driveway to 27 feet in order to park 3 cars in the driveway. On May 8, 2012, the Design Review Board reviewed the revised project. The Board recommended approval of the project. Based on a review of the project by staff and the Board’s recommendation, on June 7, 2012, the acting Zoning Administrator approved the project with conditions. Minutes from this meeting outlining the proceedings, findings for approval, and conditions of approval are attached as Exhibit 4 to the attached July 24, 2012 Planning Commission report. On June 13th, an appeal of the acting ZA’s decision was filed by an adjacent neighbor which was reviewed by the Planning Commission on July 24, 2012. The Commission generally agreed that the project applicant had complied with the directions provided by the Design Review Board. However, two Commissioners expressed several concerns about the project, whereas the other two Commissioners believed the appeal had no merit. With only four Commissioners present, the Commission was unable to pass a motion either way to grant the appeal or deny the appeal. Therefore, the Commission decided to continue the project and provided some comments. Although there was no clear consensus among the Commission over the concerns, issues expressed by individual Commissioners were that: • Upper floors of the structure could be slid back, thereby reducing the building bulk; • The structure was well articulated but stepping back not ideal; and • Setback variance and Exception from hillside parking requirement were a concern. Therefore, on a motion moved by Commissioner Pick and seconded by Commissioner Robertson, the Commission continued this project to September 11, 2012 with a 4-0-2 vote (Commissioners Sonnet and Wise absent) and directed the applicant to come back with a design that addressed those concerns. With the current system for video recording the public hearings/meetings, no written minutes are available for this Planning Commission meeting. However, the entire proceedings of the meeting can be viewed at www.cityofsanrafael.org/meetings. ANALYSIS: Updated Project Description Pursuant to the Planning Commission direction, the applicant has submitted revised plans addressing the Planning Commission concerns, except compliance with the hillside parking requirements. The updated project description is summarized as follows: REPORT TO PLANNING COMMISSION - Case No: ED11-078, V11-003 Page 3 • The project size has been reduced from 3,206 sq. ft. to 2,597 sq. ft. and from six bedrooms to three bedrooms thereby eliminating project size concerns. • The building bulk has been reduced from three floors above the garage to two floors above the garage. • The project has been moved further onto the property and sideways thereby eliminating the need for front and side setback variances. • Building materials and colors have been changed to match other residences on Perry Walk. • More landscaping has been proposed with the revised design. Appeal Issues: Appeal issues were addressed in the attached July 24, 2012, Planning Commission staff report. With the project design revised in scope and size, the previous points addressing the appeal issues still apply. At the July 24 hearing, the Commission generally agreed that the project applicant had complied with the directions provided by the Design Review Board. However, the Commission expressed several concerns about the project, although there was no clear consensus among the Commission over the concerns. The applicant has revised the proposed project to address the issues expressed by individual Commissioners. For an easy comparison between the original and revised plans, staff had requested the applicant to compare the proposed changes alongside the plans reviewed by the Commission on July 24. The applicant could not provide the requested comparisons. However, a copy of the previous plans from July 24 meeting have been included in the Commission packet. The Planning Commission comments from the July 24 meeting are provided below in bold and are followed by a staff response as follows: Planning Commission comment #1: The proposed house is large. The structure is well articulated, but the step back can be improved and the upper floors slid back. Staff Response: The proposed house size has now been reduced from 3,206 sq. ft. (including 660 sq. ft. basement) to 2,597 sq. ft. (including 616 sq. ft. basement); and from a 3-story above the basement to a 2-story above the basement. This change has resulted in reduction of the building bulk and a 19-ft. stepback height, where 20-ft. height is allowed. The current proposal provides a natural state of 12,981 sq. ft. where 12,128 sq. ft. is required. Sliding the upper floor further back for an increased stepback would result in further reduction of natural state. Staff believes elimination of the entire top floor and reduction in square footage respond to the Commission’s concern regarding the building size and stepback. Planning Commission comment #2: The proposed project needs to comply with the setback requirements. Staff Response: The proposed project has been revised to push the structure back and sideways on to the property and therefore, does not require any setback variances. Planning Commission comment #3: The new house should comply with the hillside parking requirements where two onsite guest parking spaces are required. Staff Response: The proposed project has been pushed back on to the property so it does not require any setback variances. However, it still cannot comply with the hillside parking requirement because: • The current project provides a natural state of 12,981 sq. ft. where 12,128 sq. ft. is required. In order to be able to comply with the hillside requirement for two additional parking spaces with REPORT TO PLANNING COMMISSION - Case No: ED11-078, V11-003 Page 4 onsite circulation, the project would need to be significantly pushed back on to the property, resulting in significant reduction in the natural state. The City policy discourages significant hillside grading and therefore, an Exception to the natural state requirement needs to be reviewed by the City Council. Findings for the revised project have been updated by deleting the findings for the approval of front and side setback variances. Similarly, the conditions of approval have been revised to reflect the reduced project size and a condition requiring the relocation of access steps, located on the property line shared with 12 Perry Walk, on to the subject property has been deleted. ENVIRONMENTAL DETERMINATION The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, which exempts construction of one single-family residence in a residential zone. If the Planning Commission determines that this project is in an environmentally sensitive area, further studies may be required. NEIGHBORHOOD MEETING / CORRESPONDENCE Notices of all meetings and hearings for the project were conducted in accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance. For the July 24, 2012, a Notice of the Planning Commission Public Hearing was mailed to appellants, all property owners and occupants within a 300-foot radius of the subject site and the Picnic Valley Neighborhood Association, and all other interested parties, 15 calendar days prior to the date of all meetings, including this hearing. Since the project was continued to date specific (September 11, 2012), new public notice was not mailed. However, the posted notice on the subject site for the July 24 hearing was renewed to reflect the September 11, 2012 hearing. Since the July 24, 2012 Commission hearing, staff has not received any phone calls or written correspondence regarding this project. The revised plans have been provided to the appellants. The appellant’s concerns are discussed in the Appeal Issues and Analysis section of the attached July 24, 2012, staff report. All letters received for this project from the conceptual design review stage through the July 24, 2012 Planning Commission meeting have been included in the July 24 staff report. OPTIONS The Planning Commission has the following options: 1. Deny the appeal and uphold the Zoning Administrator’s approval of the project with modifications (staff recommendation). 2. Deny the appeal and uphold the approval with further modifications, changes or additional conditions of approval. 3. Continue the appeal hearing to allow the applicant/appellant to address any of the Commission’s comments or concerns 4. Approve the appeal and deny the project and direct staff to return with a revised Resolution with findings for denial. REPORT TO PLANNING COMMISSION - Case No: ED11-078, V11-003 Page 5 EXHIBITS 1. Vicinity/Location Map 2. Draft Resolution 3. GIS Picture of the Area Showing Shadowing Following items distributed to the Planning Commission only: • Reduced (11”x17”) plans of the revised project • July 24, 2012 Planning Commission staff report with exhibits (except the resolution) • July 24, 2012 reduced (11”x17”) project plans