HomeMy WebLinkAboutPlanning Commission 2013-01-15 #2 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: January 15, 2013
Agenda Item:
Case Numbers:
UP12-038
Project Planner:
Sarjit Dhaliwal–(415) 485-3397
REPORT TO PLANNING COMMISSION
SUBJECT: 217 Mirada Ave – Request for a Use Permit to legalize an existing approximately 400
sq. ft. detached second dwelling unit located within the 5-ft. required side setback
behind the existing single family residence; APN: 179-053-06; Single Family Residential
District (R7.5); Scott Bell, Applicant and Owner; Case Number: UP12-038
EXECUTIVE SUMMARY
The project proposes to legalize an existing 400 sq. ft. detached second dwelling unit located within the
5-ft. required side setback. The project is subject to a Use Permit at the Planning Commission level as
the existing unit is located within the required side yard setback for the primary residence.
The existence of the illegal second dwelling unit was discovered during a resale inspection in 2011. The
current property owner bought the property in the spring of 2012 and applied for a second dwelling unit
to legalize the violation. On August 7, 2012, staff erroneously approved the project for the second
dwelling unit. During the building permit process to legalize the structure, it was discovered that the
project needed a Use Permit due to the location of the second dwelling unit within the required side yard
setback. The purpose of the Use Permit is to ensure project compliance with Building and Fire Codes
and to minimize impacts to the adjoining properties, given the proximity of the unit to the property line.
Building division and Fire Prevention have reviewed the project and have recommended conditions of
approval to bring the structure into compliance with the Building and Fire Codes. The project complies
with all the other required standards in terms of lot size, lot coverage, unit size, design and parking.
RECOMMENDATION
It is recommended that the Planning Commission adopt a resolution approving the proposed Use Permit
for the legalization of an existing second dwelling unit within the required side yard setback.
PROPERTY FACTS
Address/Location: 217 Mirada Ave Parcel Number(s): 179-053-06
Property Size: 7,800 sq. ft. Neighborhood: San Rafael Meadows
Improvement Association
Site Characteristics
General Plan Designation Zoning Designation Existing Land-Use
Project Site:
North: LDR (Low Density
Residential)
R7.5 Single Family Residence
South: LDR R7.5 Single Family Residence
REPORT TO PLANNING COMMISSION - Case No: Page 2
East: LDR R7.5 Single Family Residence
West: LDR R7.5 Single Family Residence
Site Description/Setting:
The property is located approximately 550 feet west of the Las Flores Ave and Mirada Ave intersection in
a single family residential neighborhood known as Rafael Meadows. The property is almost level and is
developed with a one-story single family residence with a garage. The front yard contains a lawn and a
mature tree. The rear yard is developed with a swimming pool and a detached structure used as a
second dwelling unit.
BACKGROUND
During a resale inspection in 2012, it was discovered that a detached second dwelling unit is located
behind the main residence. No permits were ever obtained for the existing dwelling unit. The current
owners who bought the property in a short sale in the spring of 2012, applied for a second dwelling unit
permit to legalize the violation. The second dwelling unit is located within a required 5-ft. side setback
which needs a Use Permit. Staff erroneously approved the second dwelling unit permit without the
required Use Permit. The mistake was discovered during the required building permit plan check
process. Therefore, the second unit permit approval was rescinded and the applicant was asked to apply
for the required Use Permit.
PROJECT DESCRIPTION
The project application is to legalize an existing 400 sq. ft. detached second dwelling unit located within
the required 6-ft. side yard setback. Since the existing unit provides a 1-ft. side yard setback where 6 ft.
is required, the project requires a Use Permit at the Planning Commission level. The project proposes to
provide one parking space in the driveway that would be partly widened for this purpose. No new
construction is proposed.
ANALYSIS
San Rafael General Plan 2020 Consistency:
As analyzed in the attached General Plan consistency table (Exhibit 4), the project is consistent with the
applicable polices of the General Plan.
Zoning Ordinance Consistency:
The Zoning Ordinance consistency for the project is discussed in detail in Exhibit 5. As shown in the
discussion, the legalization of the second unit would comply with the second dwelling unit development
standards such as lot size, size of unit, height, owner occupancy, additional parking requirement and
architectural compatibility.
When the City updated its second unit standards in 2004, there were two levels of review established for
new second units in detached accessory structures. In both instances, all second units would have to
comply with all the development standards, including being located on a property that has at least 5,000
sq ft, owner occupancy of one of the two units, size limit of a unit equal to 40% of the size of the main
residence and garage, requirement for 1 or 2 off street parking spaces, in addition to that for the main
residence, architectural compatibility with the design of the main residence, an entrance that is not on the
same building elevation or visible from the street as the entrance to the main dwelling unit .
The first level of review is for the more routine second units and consists of a ministerial, staff-level
process, administered as staff level second dwelling unit permit. Units that could be approved under this
level of review include those detached units that are: 1) less than 800 sq. ft. in size; 2) not located in a
REPORT TO PLANNING COMMISSION - Case No: Page 3
side or rear yard setback required for a main structure; and 3) less than 15 feet in height and only one
story
The second level of review requires a Use Permit at the Planning Commission level for detached larger
units located in a certain area of the site or those that are of a certain size. Second units that require the
approval of a Use Permit from the Planning Commission include those detached second units that are: 1)
between 800 to 1,000 sq. ft. in size; 2) located within the side or rear yard setback that would be required
for the main structure (5 feet on the sides and 10 feet in the rear for this property); or 3) taller than 15 feet
or one story.
In this particular case, a portion of the second unit proposed for legalization is located within the required
6-ft. side yard setback; therefore, a Use Permit is required. The purpose of the Use Permit is to allow the
City to ensure compliance with Fire and Building codes, as well as ensure that no undue impacts would
occur by having the second unit located close to a side property line.
The existing second unit complies with all the required development standards, including the requirement
for additional on site parking. In terms of the potential impacts from the second unit due to its proximity to
the side property line, staff finds there would be no impact since the single bathroom window facing the
side property line is a small casement window with a high sill height which would result only in limited
noise. Additionally, the high window faces only the backyard of the next door property. Therefore, there
would be no privacy impacts. The only other opening facing the property line is a kitchen vent.
So far, the existing second unit has not generated any noise or other complaints. Its existence was
discovered only through a resale inspection.
Based on this discussion above, staff recommends that the a Use Permit for the proposed second unit is
appropriate for the use and staff recommends approval of the use Permit for the legalization of the unit
ENVIRONMENTAL DETERMINATION
The proposed project is exempt from the requirements of the California Environmental Quality Act
(CEQA), under 14 CCR Section 15303 (new construction of accessory structures) of the CEQA
Guidelines which exempts additions to existing structures less than 10,000 square feet.
NEIGHBORHOOD MEETING / CORRESPONDENCE
Notice of hearing for the project was conducted in accordance with noticing requirements contained in
Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and
occupants within a 300-foot radius of the subject site, and all other interested parties, 15 calendar days
prior to the date of all meetings, including this hearing. Public notice was also posted on the subject site
15 calendar days prior to the date of all meetings, including this hearing.
No phone calls or written public correspondence have been received regarding the proposed project as
of January 9, 2013. Any comments received after the reproduction of staff report will be forwarded under
separate cover.
OPTIONS
The Planning Commission has the following options:
1. Approve the project application as presented
2. Approve the application with certain modifications, changes or additional conditions of approval.
REPORT TO PLANNING COMMISSION - Case No: Page 4
3. Continue the applications to allow the applicant to address any of the Commission’s comments or
concerns
4. Deny the project and direct staff to return with revised resolution
EXHIBITS
1. Vicinity/Location Map
2. Draft Resolution Recommending Approval of the Use Permit
3. Letter from Applicant, submitted on October 4, 2012
4. Table General Plan 2020 Analysis
5. Table Zoning Ordinance Analysis
Full Size and Reduced copies of Project Plans distributed to the Planning Commission only.