HomeMy WebLinkAbout05-03-2016 Item 12, GoodwinCouncil Memorandum
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Date: April 29, 2016
TO: City Council
FROM: Heather Goodwin, Deputy City Clerk
VIA: Katie Lichtig,' i�ty Manager
SUBJECT: Staff Report to Item 12, Appeal to 40 Buena Vista
RECEIVED
APR 29 2016
COUNCIL MEETING:
ITEM NO.: 1 Z
Due to a clerical error, page 215 paragraph number two entitled "Report In Brief' was
inadvertently missing from the staff report. Please see the attachments to this memo.
Attachments:
Item 12 — Staff Report
Meeting Date: 5/3/2016
FROM: Michael Codron, Community Development Director
Prepared By: Kyle Bell, Assistant Planner
SUBJECT: REVIEW OF AN APPEAL (FILED BY NAOMI HOFFMAN) OF THE
ARCHITECTURAL REVIEW COMMISSION’S DECISION TO APPROVE A
NEW SINGLE FAMILY RESIDENCE IN THE R-1-S ZONE THAT
INCLUDES EXCEPTIONS TO THE FRONT YARD BUILDING SETBACK
AND HEIGHT
RECOMMENDATION
Adopt a Resolution denying the appeal of the Architectural Review Commission’s approval of a
single family residence at 40 Buena Vista Avenue, thereby allowing a single family residence
located at 40 Buena Vista Avenue.
SITE DATA
REPORT IN BRIEF
The Architecture Review Commission’s (ARC) approval of the project is based on findings that
the project is consistent with Section 7.2 of Community Design Guidelines. The project has been
designed in consideration of views toward the property from Highway 101 and has been
designed with colors and materials that are consistent with Hillside Development Standards that
blend the structure into the natural appearance of the hillside. The scale of the residence has been
reduced to two stories to decrease the mass of the structure and has been designed to integrate
Applicant Jeff Kraft
Submittal Date January 31, 2016
Complete Date February 11, 2016
Zoning R-1-S, Low-Density Residential
with a Special Considerations
Overlay
General Plan Low-Density Residential
Site Area 13,321 square feet
Environmental
Status
Categorically exempt under Class
3, New Construction or
Conversion of Small Structures;
Section 15303 of the CEQA
Guidelines
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with the hillside well below the ridgeline when viewed from Highway 101.
Should the City Council uphold the appeal, findings are needed to form an adequate basis for
project denial. While the staff recommendation is to deny the appeal and approve the project, the
City Council may choose to uphold the appeal, thereby denying the ARC’s decision. The staff
recommendation to deny the appeal is reflected in Resolution A (Attachment A). Resolution B
includes findings to uphold the appeal (Attachment B). The following discussion provides
additional background and analysis of the proposed single family residence.
DISCUSSION
The proposed project is located on a “sensitive site” and requires architectural review by the
Community Development Director. A project site is considered sensitive when it has been
designated through an “S”, Special Considerations overlay zone. This project site has been
designated with an “S” overlay through Ordinance 0755 to enable review of hillside
development and adequacy of public utilities. Due to the “S” overlay a use permit is required for
the construction of any residence. Typically, only a building permit is required to construct a
single family residence within the R-1 zone.
Background
On October 28, 2015, the Planning Commission (PC) held a hearing to review the revised project
that addressed concerns from the PC hearing on September 23, 2015. The PC voted to deny the
project based on the finding that the project will be detrimental to the health, safety and welfare
of persons living or working at the site or in the vicinity. The PC discussed concerns related to
pedestrians and vehicular traffic along the curve of Buena Vista Avenue which is a narrow street
with no sidewalks and no on-street parking available, and that parking for the four bedroom
residence with a Secondary Dwelling Unit will not be sufficient on-site within this
neighborhood. The PC also discussed concerns for the roof deck and views of the property from
Highway 101 to be evaluated by the ARC.
On October 29, 2015, the applicant, Jeff Kraft, filed an appeal of the PC’s decision to deny the
project. The appeal letter expresses concerns that the PC’s decision for denial was not justified
because the project is to construct a single family residence on a legal lot that has been evaluated
by City Staff and recommended for approval.
On January 19, 2016, the City Council held a public hearing to review the appeal of the PC’s
decision to deny the use permit. The City Council upheld the appeal of the Planning Commission
action to deny the proposed project thereby granting final use permit approval for the
construction of a single-family residence in the S-Overlay zone. However, Council denied the
requested exceptions, providing direction to the applicant to work with staff and the ARC to
redesign the proposed home to conform with the Community Design Guidelines without the
currently proposed height and setback exceptions (Attachment E, City Council Resolution &
Meeting Minutes).
The City Council directed Staff and the ARC to review the project and address concerns
including, but not limited to:
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a. Traditional architecture characteristics of the neighborhood;
b. Reflectivity of the amount of glazing and glass on the structure;
c. Appropriateness of the roof top deck;
d. Visual appearance of the support columns;
e. Landscaping plans;
f. Prominence of structure as viewed from Highway 101.
As highlighted in the following action language from the Council’s resolution (Attachment E),
which effectively denied the applicant’s previously requested exceptions, the Council did
provide the ARC with the flexibility to grant different exceptions. Revisions to the project
resulted in the elimination of the setback exception, reduction of the height exception, and added
a minor street yard exception.
On January 31, 2016, the applicant resubmitted the revised project plans to respond to the City
Council’s direction and be reviewed by the ARC for final approval (Attachment G, Project
Plans).
On March 7, 2016, the ARC unanimously approved the architectural design of the proposed
residence located at 40 Buena Vista Avenue and determined the project in compliance with the
Community Design Guidelines for Hillside Development (Attachment F, ARC Staff Report,
Resolution, & Meeting Minutes).
On March 15, 2016, Naomi Hoffman appealed the ARC’s decision to approve the project,
specifically concerning the requested exceptions (Attachment D, Hoffman Appeal Letter).
Project Information/Description
The project site is an existing 13,321 square foot lot with direct access off of Buena Vista
Avenue in Monterey Heights. The site has all necessary utilities currently at the site, including
sewer, water, power, and a fire hydrant. The subject property meets all lot size requirements and
was legally created in 1990 with access from Buena Vista Avenue. The property is a downward
sloping lot from west to east with an average grade greater than 30%. The property borders an
open space area to the north and undeveloped R-1-S property to the south. The downhill side of
the lot it is bordered by Loomis Street, which has a wide undeveloped right-of-way. The site is
650 feet west of, and 150 feet above Highway 101.
The proposed project includes the following significant features (Attachment G, Project Plans):
1. Single-Family Residence: 1,921 square-foot home with a two car garage
a. Two stories with a proposed max height of 27.3 feet above average natural grade
b. Attached 445 square-foot Secondary Dwelling Unit (Note: not part of this
application review)
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2. Design: Contemporary architectural style with;
a. Glass panels
b. Cement board panels
c. Wood siding
d. Metal panels with dimensional variation and coloring to create interest and reduce
the mass of the structure
ARCHITECTURAL REVIEW COMMISSION ACTION
On March 7, 2016, the ARC held a public hearing to review the architectural design of the
proposed residence located at 40 Buena Vista Avenue and voted 6:0 (Commr. Root absent) to
approve the design of the project. The ARC reviewed each directional item identified by the City
Council at their January 19, 2016 meeting, and found the revised project to be in conformance
with the Community Design Guidelines for hillside development. Each directional item
including the revised height and front yard setback exceptions, were discussed and deliberated by
the ARC, where minor concerns were identified and addressed through the final ARC Resolution
1003-2016. Specifically, the ARC addressed the following;
Traditional architecture characteristics of neighborhood: The contemporary style is
suitable for the hillside and not a basis for denial. The modern approach is suitable for the
particular site and the ARC added that the flat roof works fine whereas a gabled roof
would accentuate mass and visibility.
Reflectivity of the amount of glazing and glass on the structure: The ARC recognized that
residences are built on such sites for views and unless there are safety concerns, the
amount of glazing is suitable. The ARC noted that the residence may be an illuminated
box on the hillside at night as seen from the Highway 101. However, the ARC recognizes
that there are already 5-6 other prominently-scaled homes on the hillside that contribute
to the illumination of the hillside as viewed from Highway 101. Overall, the ARC agreed
that the glazing of the windows and the rhythm and look are appropriate.
Appropriateness of rooftop deck: The ARC observed that the rooftop deck for the
proposed residence is the same as a yard, and that the distance from other residences will
provide minimal noise. The ARC agreed that the existent freeway noise outweighs
potential cocktail party noise and a well-maintained deck can be a visually appealing
improvement. One Commissioner indicated they were unsupportive of the rooftop deck.
Visual appearance of support columns: The ARC considered the columns to be an
improvement from the original conception, while it is generally unsightly to have houses
up on stilts, enclosing the area below makes the structure appear more massive.
Landscaping plans: The ARC provided a revision to the conditions of the Resolution to
address additional landscaping: underneath the house, between the street and house, and
the rooftop deck.
Height/front yard exception: The ARC Commissioners expressed that they would have
used the same arguments and applied the same methodologies for the project design for
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this difficult site, reasoning that the lot was made a legal lot long ago and the rules
changed later. The ARC agreed with Staff’s direction in consideration of the give-and-
take needed to make the project work on the hillside and that it is not feasible to develop
much differently on the lot than what is proposed without violating some other principles
of hillside development.
Additional analysis of the directional items is provided in Attachment F, ARC Staff Report,
Resolution, & Meeting Minutes.
APPEAL SUMMARY
On March 15, 2016, the appellant, Naomi Hoffman, filed an appeal of the ARC decision to
approve the project. The appeal letter expresses concerns that the issues raised by the ARC
approval of the height and setback exceptions did not meet the City Council’s direction “To
redesign the proposed home without the currently proposed height and setback exceptions.” The
appeal includes an attached email from a City Council Member that expresses the intent of the
January 19, 2016, motion regarding the project (Attachment D, Hoffman Appeal Letter).
Appeal Analysis
During the January 19, 2016 City Council meeting, Council’s motion to approve the use permit
had been amended to include the words “without the currently proposed height and setback
exceptions”. This amendment was recommended by staff in the event that a redesign of the
project to eliminate the request for the then proposed height and setback exceptions may result in
the need for other exceptions.
Staff had reviewed a proposed street yard reduction of 10 feet that would eliminate the need for a
building height exception. However, the request for a street yard reduction of 10 feet is
inconsistent with the Zoning Regulations and the Community Design Guidelines. The Zoning
Regulations allow a street yard reduction of no less than 18.5 feet for garages that exit directly
into the public right-of-way. A variance would be required to reduce the street yard less than
18.5 feet for a garage. While the project may have the ability to comply with the necessary
findings for a variance, the reduction would conflict with other City standards.
The Community Design Guidelines for Hillside Development state that “Each structure shall be
located in the most accessible, least visually prominent, most geologically stable, portion of the
site, and at the lowest feasible elevation.” The proposed 10 foot street yard reduction would
situate the residence higher up on the hill thus increasing the visual prominence of the structure
as viewed from Buena Vista Avenue as well as Highway 101, and the project would no longer be
located at the lowest feasible elevation. Hillside Development Standards also state that hillside
grading to provide a building site and driveway access should be minimized, repositioning the
structure closer to the street would increase the amount of grading that would be required to
construct the proposed residence.
The applicant has worked with staff to determine the impacts of full compliance with property
development standards verses full conformance with the Hillside Development Standards. Full
compliance with the Property Development Standards requires several exceptions from the
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Hillside Development Standards, and similarly full conformance with the Hillside Development
Standards requires exceptions from the Property Development Standards. Therefore,
development of the site without some type of exception does not appear feasible.
The ARC included finding #11 to the final resolution (Attachment F) that states “The project site
contains difficult constraints (slope), the exceptions are minor in nature, and while they may
have some impacts, they are the least detrimental to any of the options that allow for reasonable
development of the site.”
Table 1: Project Statistics
Item Original Design Proposed Redesign a Ordinance Standard b
Street Yard Setback
(Buena Vista Avenue)
20 feet 18.5 feet 20 feet
Other yard setbacks
North
East
South
12
15
13.5
15
135
13.5
15 (35 foot structure)
15
13.5
Max. Height of Structure
(Average Natural Grade)
28 feet 27.3 feet 25 feet
Building Coverage
(footprints)
12% 12% 40%
Parking Spaces 3 3 3
Notes: a. Applicant’s project plans
b. City Zoning Regulations
The applicant has eliminated the side yard setback exception and redesigned the project to
request the least impactful exceptions.
A street yard setback of 18.5 feet, when 20 feet is normally required, provides for a slight
decrease in the overall building height. Zoning Regulations Section 17.16.020E.2.a states that
reductions in street yards may be approved for garages when the driveway is long enough to
accommodate a parked car that doesn’t overhang the sidewalk (18.5 feet min.). A reduction of
less than 18.5 feet may potentially create an unsafe driveway approach as vehicles parked in the
driveway may obscure the public right-of-way.
Maximum building heights per zoning district have been established in order to preserve
neighborhood character, and to protect access to adequate solar exposure. The new proposed 2.3
foot height exception will not detract or negatively affect the neighborhood character because
the structure will appear as less than one story as viewed from the public right-of-way on Buena
Vista Avenue. The exception will not deprive any adjacent property from reasonable solar
access, as the property that would be most affected by the shading of the structure is zoned
Conservation Open Space (C/OS-5) with each parcel over two acres in size. The structure is
located below the ridgeline as viewed from Highway 101, and incorporates colors and materials
that blend well with the surrounding hillside.
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CONCLUSION
Staff recommends denying the appeal and upholding the ARC’s decision to allow a single-family
residence that includes a minor street yard reduction of 1.5 feet and a height exception of 2.3
feet. The property is a legal lot within an R-1 zone with a Special Considerations Overlay
designated to address hillside development. The proposed project has been designed to minimize
the amount of grading on the hillside slope consistent with Hillside Development Standards, the
City’s Grading Ordinance, and the General Plan. The balancing of these policy objectives was a
key factor in developing Staff’s recommendation. Den ying the appeal is consistent with the City
Council’s previous direction on the project because the proposed exceptions are different than
originally reviewed through the Use Permit process. The new proposed exceptions were
unanimously approved by the ARC following the City Council’s direction for consistency with
the Community Design Guidelines for Hillside Development.
CONCURRENCES
The project has been reviewed by Police, Building, Fire, Public Works, and Utilities staff. Their
comments have been incorporated into the resolution as conditions or code requirements, as
appropriate.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA guidelines and will not have a significant effect on the environment
because the proposed project is a single-family residence in a residential zone that is in
conformance with all applicable building, fire, and safety codes.
FISCAL IMPACT
When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which
found that overall the General Plan was fiscally balanced. Accordingly, since the proposed
project is consistent with the General Plan, it has a neutral fiscal impact. There is no fiscal
impact associated with the approval of this project.
ALTERNATIVES
1. Uphold the Appeal, thereby denying the project. The Council may uphold the appeal and
deny the application, based on findings of inconsistency with the General Plan, Community
Design Guidelines, Zoning Regulations, and applicable City regulations.
2. Continue the project and provide direction to the applicant to revise the project for
consistency with the Community Design Guidelines, or applicable City regulations.
Attachments:
a - Resolution A
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b - Resolution B
c - Vicinity Map
d - Hoffman Appeal Letter
e - City Council January 19, 2016 Resolution & Meeting Minutes
f - ARC March 7, 2016 Staff Report & Meeting Minutes
g - Reduced Project Plans
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