Roll Call - Chair: Carla Hansen; Commissioners: Brendan Bloom, Kevin Colin, Michael Iswalt, Andrea Lucas, Leslie Mendez and Lisa Motoyama.

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1 AGENDA REGULAR MEETING OF THE PLANNING COMMISSION Community Development Department 7:30 p.m. Wednesday, April 19, 2017 El Cerrito City Hall Council Chambers San Pablo Avenue, El Cerrito This Meeting Place Is Wheelchair Accessible Roll Call - Chair: Carla Hansen; Commissioners: Brendan Bloom, Kevin Colin, Michael Iswalt, Andrea Lucas, Leslie Mendez and Lisa Motoyama. 1. Comments from the Public (Each speaker is limited to a maximum of 3 minutes.) 2. Approval of Minutes Approval of the July 20, 2016; December 21, 2016; and February 15, 2017 meeting minutes. 3. Commissioner Communication/Conflict of Interest Disclosure This time on the agenda is reserved for Commissioners to disclose communications from individuals regarding specific agenda items or to state a potential conflict of interest in relation to a specific agenda item. 4. Public Hearing 444 Richmond Street New single family dwelling Application: PL Applicant: Mayari Development LLC APN: Location: 444 Richmond Street Zoning: RD (Duplex Residential) General Plan: Medium Density Residential Request: Planning Commission consideration of a Conditional Use Permit to allow for the development of a single family dwelling on a legally non-conforming substandard lot (El Cerrito Municipal Code Section B.3; B.) and a Variance for relief from the required 20 foot corner street side setback for an attached garage on a corner lot (El Cerrito Municipal Code TABLE B) CEQA: This project is categorically exempt from the provisions of CEQA pursuant to Section of the CEQA Guidelines, Class 3: New Construction. COMMUNICATION ACCESS INFORMATION To request a meeting agenda in large print, Braille, or on cassette, or to request a sign language interpreter for the meeting, call Sean Moss, Staff Liaison at (510) (voice) at least FIVE (5) WORKING DAYS NOTICE PRIOR TO THE MEETING to ensure availability San Pablo Avenue, El Cerrito, CA Tel: (510) smoss@ci.el-cerrito.ca.us

2 City of El Cerrito Planning Commission Meeting Agenda 5. Public Hearing Accessory Dwelling Unit Regulation Update Applicant: City of El Cerrito Location: City-wide Request: Recommendation to City Council on a Zoning Text Amendment for Accessory Dwelling Unit (ADU) Regulations Planning Commission Work Plan Project: Planning Commission Work Plan Request: Review and Comment on Planning Commission s Work Plan. 7. Staff Communications 8. Adjournment Appeals: A decision of the Planning Commission may be appealed to the City Council, by the applicant or any El Cerrito resident or property owner, through the filing of a written statement and the payment of an appeal fee of $363 with the City Clerk within ten calendar days after the decision date. (The applicant may file an appeal for the cost of half the original permit fee.) Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the Planning Division office located at San Pablo Avenue during normal business hours. Planning Commission Agenda 2 of 2 April 19, 2017

3 MINUTES REGULAR MEETING OF THE PLANNING COMMISSION Community Development Department 7:30 p.m. Wednesday, July 20, 2016 El Cerrito City Hall Council Chambers San Pablo Avenue, El Cerrito Roll Call - Chair: Carla Hansen; Commissioners: Brendan Bloom, Michael Iswalt, Bill Kuhlman, Andrea Lucas, and Lisa Motoyama. Kevin Colin had an excused absence. 1. Comments from the Public No comments were received. 2. Approval of Minutes Motion to approve the June 15, 2016 meeting minutes: Kuhlman: 2 nd : Lucas. Vote: Ayes: Bloom, Hansen, Iswalt, Kuhlman, Lucas Noes: None Abstained: Motoyama Absent: Colin 3. Commissioner Communication/Conflict of Interest Disclosure Commissioner Kuhlman reported that he visited the site and spoke to a neighbor. 4. Public Hearing Cantora Residence Addition Application: PL Applicant: Art Clark Location: 7119 Eureka Avenue Zoning: RS-5 (Single Family Residential) General Plan: Low Density Residential Request: Planning Commission consideration of a Conditional Use Permit for an addition to encroach into the Creek Protection Overlay District setback (Section of the ECMC) and to encroach into the height and incline plane (Section ECMC). The applicant is proposing to add a second story to a single family residence that currently encroaches in the Creek Protection Overlay District setback. The addition will follow the existing COMMUNICATION ACCESS INFORMATION To request a meeting agenda in large print, Braille, or on cassette, or to request a sign language interpreter for the meeting, call Sean Moss, Staff Liaison at (510) (voice) at least FIVE (5) WORKING DAYS NOTICE PRIOR TO THE MEETING to ensure availability San Pablo Avenue, El Cerrito, CA Tel: (510) smoss@ci.el-cerrito.ca.us

4 City of El Cerrito Planning Commission Meeting Minutes building footprint, hence will not extend the existing encroachment into the setback. The application will also need a Conditional Use Permit to encroach into the required height and incline plane. Senior Planner, Noel Ibalio, presented the case and answered questions from the Commission. The property owner and the architect, Art Clark, presented the project and answered questions from the Commission. The Public hearing was opened. The public hearing was closed. Motion to approve the Conditional Use Permit: Iswalt, 2 nd : Motoyama. Vote: Ayes: Bloom, Hansen, Iswalt, Lucas, Motoyama Noes: Kuhlman Abstained: None Absent: Colin 5. Staff Communications Staff updated the Commission on the City Council s actions for El Dorado Townhomes and Summit K2 Charter School. 6. Adjournment 8:30 p.m. Planning Commission 2 of 2 July 20, 2016

5 MINUTES REGULAR MEETING OF THE PLANNING COMMISSION Community Development Department 7:30 p.m. Wednesday, December 21, 2016 El Cerrito City Hall Council Chambers San Pablo Avenue, El Cerrito This Meeting Place Is Wheelchair Accessible Roll Call - Chair: Carla Hansen; Commissioners: Brendan Bloom, Michael Iswalt, Bill Kuhlman, and Andrea Lucas. Commissioners Kevin Colin and Lisa Motoyama had excused absences. 1. Comments from the Public No comments were received. 2. Approval of Minutes Motion to approve the October 19, 2016 meeting minutes: Lucas, 2 nd : Bloom. Vote: Ayes: Bloom, Iswalt, Kuhlman, Lucas Noes: None Abstain: Hansen Absent: Colin, Motoyama 3. Commissioner Communication/Conflict of Interest Disclosure Commissioner Kuhlman reported that he has visited the site of the 7302 Gladys Avenue project. 4. Public Hearing Gladys Addition Conditional Use Permit Application: PL Applicant: Heather Sanders-Jacob Location: 7302 Gladys Avenue Zoning: RS-5 (Single Family Residential) Gen. Plan: Low Density Residential Request: Planning Commission consideration of a Conditional Use Permit to allow an addition to an existing single family home which is nonconforming with regard to the amount of required parking spaces, (the property contains no off-street covered parking) pursuant to Section of the El Cerrito Municipal Code. CEQA: This project is categorically exempt from the provisions of CEQA pursuant to Section of the CEQA Guidelines, Class 1: Existing Facilities. COMMUNICATION ACCESS INFORMATION To request a meeting agenda in large print, Braille, or on cassette, or to request a sign language interpreter for the meeting, call Sean Moss, Staff Liaison at (510) (voice) at least FIVE (5) WORKING DAYS NOTICE PRIOR TO THE MEETING to ensure availability San Pablo Avenue, El Cerrito, CA Tel: (510) smoss@ci.el-cerrito.ca.us

6 City of El Cerrito Planning Commission Meeting Minutes Senior Planner, Sean Moss, presented the staff report and answered questions from the Commission. The applicant, Heather Sanders-Jacob, presented the project and answered questions from the Commission. The public hearing was opened. The public hearing was closed. Motion to adopt a Conditional Use Permit to allow an addition to an existing single family home which is nonconforming with regard to the amount of required parking spaces: Lucas, 2nd: Bloom. Vote: Ayes: Bloom, Hansen, Iswalt, Kuhlman, Lucas Noes: None Abstain: None Absent: Colin, Motoyama 5. Staff Communications Staff updated the Commission regarding the upcoming Crab Feed and Lunar New Year events. 6. Adjournment 8:03 p.m. Planning Commission Minutes 2 of 2 December 21, 2016

7 MINUTES REGULAR MEETING OF THE PLANNING COMMISSION Community Development Department 7:30 p.m. Wednesday, February 15, 2017 El Cerrito City Hall Council Chambers San Pablo Avenue, El Cerrito This Meeting Place Is Wheelchair Accessible Roll Call - Chair: Carla Hansen; Commissioners: Brendan Bloom, Kevin Colin, and Andrea Lucas. Michael Iswalt and Lisa Motoyama had excused absences. 1. Comments from the Public No comments were received. 2. Approval of Minutes Approval of the December 21, 2016 meeting minutes was continued to the next meeting due to a lack of a quorum. Motion to approve the January 18, 2017 meeting minutes: Bloom, 2 nd : Lucas. Vote: Ayes: Bloom, Colin, Hansen, Lucas Noes: None Abstain: None Absent: Iswalt, Motoyama 3. Commissioner Communication/Conflict of Interest Disclosure No disclosures or conflicts of interest were reported. 4. Public Hearing El Dorado Townhomes Design Review Appeal Application: PL Applicant: Urban Community Partners Location: 5802, 5808 and 5828 El Dorado Street APN: , -002, -027, and -028 Zoning: RM (Multi-Family Residential) General Plan: High Density Residential COMMUNICATION ACCESS INFORMATION To request a meeting agenda in large print, Braille, or on cassette, or to request a sign language interpreter for the meeting, call Sean Moss, Staff Liaison at (510) (voice) at least FIVE (5) WORKING DAYS NOTICE PRIOR TO THE MEETING to ensure availability San Pablo Avenue, El Cerrito, CA Tel: (510) smoss@ci.el-cerrito.ca.us

8 City of El Cerrito Planning Commission Meeting Minutes Request: CEQA: Planning Commission consideration of an appeal of the Design Review Board s Design Review approval of a project that includes 29 townhomes and three accessory living units in three separate buildings. This project is categorically exempt from the provisions of CEQA pursuant to Section of the CEQA Guidelines, Class 32: In-fill Development Projects. Senior Planner, Sean Moss, presented the staff report and answered questions from the Commission. The appellant, Howdy Goudey, presented the appeal and answered questions from the Commission. The project architect, Peter Stackpole, presented the project and answered questions from the Commission. The public hearing was opened. The following speakers addressed the Commission: Robin Mitchell, 635 Elm St The public hearing was closed. Motion to deny the appeal and grant Design Review approval to the project: Colin, 2 nd : Bloom. Vote: Ayes: Bloom, Colin, Hansen, Lucas Noes: None Abstain: None Absent: Iswalt, Motoyama 5. General Plan Annual Progress Reports As required by Government Code Section (b), every city must submit an annual progress report to their legislative body, the Governor s Office of Planning and Research (OPR), and the Department of Housing and Community Development (HCD) on the implementation status of their General Plan. The annual report must also include discussion on the City's progress in providing its required share of affordable housing pursuant to Government Code Section and its efforts to remove governmental constraints for the maintenance, improvement and development of affordable housing per Section c(3) of the California Government Code. The purpose of this item is to review the reports for calendar years 2015 and Senior Planner, Sean Moss, presented the staff report and answered questions from the Commission. The public comment period was opened. The following speakers addressed the Commission: Howdy Goudey, 635 Elm St The public comment period was closed. Planning Commission Minutes 2 of 3 February 15, 2017

9 City of El Cerrito Planning Commission Meeting Minutes Motion to recommend submitting the 2015 and 2016 General Plan Annual Progress Reports to the Governor s Office of Planning and Research and the Department of Housing and Community Development: Bloom, 2 nd : Colin. Vote: Ayes: Bloom, Colin, Hansen, Lucas Noes: None Abstain: None Absent: Iswalt, Motoyama 6. Staff Communications Staff updated the Commission regarding the Eden Housing project, and the Commission s work plan. 7. Adjournment 9:24 p.m. Planning Commission Minutes 3 of 3 February 15, 2017

10 Community Development Department - Planning and Building Division San Pablo Avenue, El Cerrito, CA (510) FAX: (510) planning@ci.el-cerrito.ca.us PLANNING COMMISSION STAFF REPORT Meeting Date: April 19, 2017 I. SUBJECT Application: PL Applicant: Mayari Development LL APN: Location: 444 Richmond Street Zoning: RD (Duplex Residential) General Plan: Medium Density Residential Request: Planning Commission consideration of a Conditional Use Permit to allow for the development of a single family dwelling on a legally non-conforming substandard lot (El Cerrito Municipal Code Section B. 3; B.) and a Variance for relief from the required 20 foot corner street side setback for an attached garage on a corner lot (El Cerrito Municipal Code TABLE B) CEQA: This project is categorically exempt from the provisions of CEQA pursuant to Section of the CEQA Guidelines, Class 3: New Construction. II. BACKGROUND The property is located in the southern quadrant of the City, approximately three blocks from the City of Albany border. The lot is located at the south east corner of Richmond Street and Central Avenue. It is rectangular in shape and fronts on Richmond Street. The lot is currently vacant, 3,700 square feet in size and is fairly flat. Surrounding land uses include single family, residential duplexes, vacant lots and the El Cerrito Plaza BART parking lot. The lot is legally non-conforming substandard lot. Public records show that the lot was established in 1907 by the filing of the Henderson-Tapscott Tract No.1 with Contra Costa County Recorder s Office. On June 1, 2016, the owner filed a Certificate of Compliance with the Contra Costa County Recorder s Office. The Certificate of Compliance is a City document recognizing the previous Henderson-Tapscott Tract No. 1 as the official map that established the subject lot as a legal lot of record. III. DISCUSSION The proposed 1,300 sq. ft. single family dwelling consists of a four bedroom and three bathroom floorplan that includes a kitchen, dining room and a living room. The residence will be served by an attached two-car garage (420 sq. ft.). The site improvements will include the residential structure, a driveway along the rear property line, landscaping along the setbacks and a curb cut to serve the driveway. This driveway is proposed to be shared with the property to the east on 443 Everett Street. The easement is to serve both properties and maintain adequate maneuvering distances to access the garage on the subject property and any new garage of the property at 443 Everett Street.

11 The easement straddles both properties, fifteen feet along the rear common property line of the subject property and ten feet on the rear property at 443 Evert Street. The project is in compliance with all development standards in the RD (Duplex Residential) zoning district with the exception of the required garage street-side corner setback. Table 1: Comparative Development Standards - RD Zone and Proposed Development Development Standards Zoning Ord. Requirement Proposed Lot Coverage 50% 47% Setbacks: Front 10 ft. 10 ft. Sides/Corner 5 ft. / 8.5 ft. / 20 ft. garage setback 5 ft. / 9 ft. / 12 ft.-6 in. Garage setback (Does not meet minimum garage setback requirement) Rear 15 ft. 15 ft. Height 30 ft. 14 ft. Open Space: Common N/A N/A Private 100 sq. ft. 944 sq. ft. Parking 2 covered spaces 2 covered spaces (garage) Analysis The proposed requires two land use entitlements: a Conditional Use Permit and a Variance. The details of both of these entitlements are discussed below. Staff notes that the project is located on a block that is split into two zoning designations: The (RD) Duplex Residential District and the (RS- 5) Single Family District. Immediately across Richmond Street, a third designation, (TOHIMU) Transit-Oriented Higher-Intensity Mixed Use is located. The Findings for the Conditional Use Permit are based on the surrounding neighborhood, which is made up of these three zoning designations. However, pursuant to the Zoning Ordinance, the Findings for the Variance must be made strictly in the same Zoning Designation in which the subject property is located. Conditional Use Permit Pursuant to El Cerrito Municipal Code (ECMC) Section B and B. 3: Any legally created lot that fails to meet the current standards for area or dimensions of the district in which it is located may still be developed. In the RD District, up to two units may be constructed on any building site containing less than 5,000 square feet of area, or less than 45 feet average width, with the approval of a Conditional Use Permit. In order for the Planning Commission to approve this request, it must find that the proposed location, size and design be harmonious and compatible with abutting properties and the surrounding neighborhood and that it creates a convenient living environment. In this application, staff has identified the compatibility with surrounding lots and uses to be the primary issue for analysis. Staff believes that the project will be harmonious and compatible with abutting properties and neighborhood. The RD zoning district spans the eastern block of Richmond Street between Central Avenue and Fairmount Avenue. All the lots in the block have been developed with a range of single family residential, duplexes or multi-family. Four of the thirteen lots on the block are equal to or less than 3,700 square feet and were developed with single family residences with less than standard garage setbacks. Page 2 of 8

12 Table 2: Development Along the Eastern Block of Richmond St. between Fairmount Ave. and Central Ave. and along Fairmount Ave. in the RD District Address Zoning Use Square Footage Lot size Garage setback 444 Richmond St. RD Proposed 1,720 3,700 sq. ft ft. SFR 438 Richmond St. RD SFR 864 3,700 sq. ft. 10 ft. 422 Richmond St. RD SFR 1,892 3,300 sq. ft. 10 ft. 418 Richmond St. RD SFR 1, sq. ft. 12 ft Fairmount RD SFR 826 3,100 sq. ft. 9 ft. Ave. Figure 1 Zoning Designation for the Neighborhood Page 3 of 8

13 Table 3: Surrounding Neighborhood Development in the RS-5 Zoning District with Single Family Residential Homes and Substandard Garage Setbacks on Substandard Lots Address Zoning Use Square Lot Location Garage Setback Footage 440 Everett RS-5 SFR 728 interior 2 ft.-3 ft. St. 501 Everett RS-5 SFR 1,210 corner 15 ft. St Central RS-5 SFR 871 interior 15 ft. Ave Central RS-5 SFR 1,777 corner 8 ft. -10 ft. Ave. 500 Norvell RS-5 SFR 1,023 corner 10 ft. St Central Ave. RS-5 SFR 1,228 corner 10 ft. In addition, staff s reconnaissance of the neighborhood (two blocks north and east) on March 16 th and 17 th of 2017, observed that six corner and interior lots are similar in size and development as the subject lot, with garages that are setback less than 20 ft. from the street. Some garages are located along the front while most are located along the rear of the lot. On average the garage setbacks are 10 ft. to 15 ft. from the side or front property lines. Finally, the proposed project s square footage is in keeping and therefore compatible with other single family dwellings with substandard lots in the neighborhood. As shown on Table 2, the average square footage of those dwelling is 1,139 square feet the project is proposing to construct 1,720 square feet. Staff believes that the project will add to the convenient living environment of the surrounding neighborhood. The applicant has designed a single family, single story residence that meets all but one of the development standards for the zoning designation. By creating this modest project which fits onto the small lot; the project preserves and enhances the residential character of the neighborhood. Variance Pursuant to El Cerrito Municipal Code, Table B, garages located on a street-side corner property line must maintain as setback of twenty feet. Due to the substandard width of the lot (37 ft.) the garage can only maintain a garage setback of 12 ft.- 6 in. from the street-side corner property line. In order for the Planning Commission to grant this request it must find that because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives the property owner of privileges enjoyed by other property in the vicinity and under identical zoning classification. The full set of findings is found in ECMC Section A. and in the Findings Section, below. Staff believes that the special circumstance present in the project is that the subject lot is legally non-conforming and substandard in square footage and width. ECMC Section requires Page 4 of 8

14 that corner lots in the RD be a minimum lot size of 5,000 square feet and a minimum lot width of fifty feet on corner lots that were established prior to The subject lot is 37 ft. wide by 100 ft. deep or 3,700 sq. ft. in size. The lot was recorded with the Contra Costa County Recorder s Office in 1907 as part of the Henderson-Tapscott Tract No.1, therefore, was legal lot of record prior to There were no required development standards for lot size and lot width at the time or recordation. The City of El Cerrito s first Zoning Ordinance (1931) specifies that lots in the R-1 maintain a minimum lot size of 5,000 square feet. Development standards for lots were first required in 1931, well after the lot was established in Further, approval of the Variance does not constitute a grant of special privilege. In the same RD Zoning District and in the same block, there are four other lots along the eastern block of Richmond Street between Fairmount Avenue and Central Avenue, and one along Fairmount Avenue that are 3,700 square feet or less in size and are developed with single family residential structures. The substandard lots on the block were created under the same 1907 Henderson-Tapscott Tract No.1 that created the subject lot. As outlined in Table 2 of this report, each of these four lots has the garage setbacks for each these substandard lots are between ten and twelve feet and accommodate buildings that are similar in size to the proposed project. Lastly, the requirement for the two stall garage is established by the Zoning ordinance. Consistency with the Zoning District: The project is located in the RD Duplex Residential zoning district. It is described in the Zoning Ordinance. Specifically, To accommodate more intensive forms of residential development, including duplexes, townhouse projects, apartments, and small-lot, single family residential uses, at a density of 11 to 20 dwelling units per net acre. The RD district is intended to provide greater housing choice in the city for different family sizes and incomes. The RD district is also intended to be located closer to community and retail services than RS zones, such as neighborhood shopping centers, and near minor and major collector streets where greater access can be provided. These areas should also be adequately served by parks and open space. The development meets the purpose and intent of the RD zoning district. The proposed single family residence continues the residential character and use of the neighborhood. The use and design are compatible and in scale with the surrounding single family and duplex residential development. The proposed development is suitably located in a residential neighborhood that is accessible to services such as the El Cerrito Plaza Bay Area Rapid Transit station and next to the El Cerrito Plaza Shopping Center. Consistency with the General Plan The project is located in the Medium Density category of the General Plan. It is categorized as follows: residential land use accommodates more intensive forms of residential development while still remaining compatible with surrounding land uses. This category is intended to provide greater housing choice in the City for different family sizes and incomes. Medium density residential uses are intended to be located closer to community and retail services, such as neighborhood shopping centers, parks and open spaces areas, and near minor and major collector streets where greater access can be provided. This land use category includes a number of housing development types including duplexes, townhouse projects, apartments, and small-lot, single-family residential designs. The project complies with this eclectic list of land uses by adding a single family residence to the non-conforming sub-standard small lot. The proposed project is generally consistent with the El Cerrito General Plan and will implement the following General Plan Policies: Page 5 of 8

15 CD1.1-Neighborhood Character. Preserve and enhance the character of existing residential neighborhoods by limiting encroachment of new buildings and activities that are out of scale and character with the surrounding uses. As designed, the project preserves the single family residential development on small lots in the neighborhood. There are four small lots (less than 3,700 square feet in size) on the block with garages that are less than 12 ft. from the front property line. The project in consistent with the development on small lots in the neighborhood, in that, the project is single story, covers 47% of the lot, is 15 ft. in height, designed with a 2-car garage, and with the exception of the garage setbacks, is in compliance with the front, side, and rear setbacks. Environmental Review The project is Categorically Exempt under the Section Class 3, New Structures of the California Environmental Quality Act. IV. FINDINGS In order to approve the project, the Planning Commission must make the following findings, as outlined (Conditional Use Permit) and (Variance) of the El Cerrito Zoning Ordinance: Conditional Use Permit Findings 1. The location, size, design, and operating characteristics of the proposed development will be harmonious and compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood. The project consists of a single family residence on a legally non-conforming, substandard, small lot. The project meets all but one of the development standards for the zoning designation. By creating this project which fits on to the lot, the project preserves and enhances the residential character of the neighborhood. Further, there are four other single family residences on the same block with similar development envelopes as the proposed project. 2. The location and design of the proposal will provide a convenient and functional living, working, shopping, or civic environment that will be an attractive amenity for the City. If approved, the project will create an additional habitable and a functional living environment that compiles with all zoning standards of the RD (Duplex Residential) zone. 3. The proposal is consistent with the purpose of the district where it is located and conforms in all significant respects with the El Cerrito General Plan and with any other applicable plan adopted by the City Council. If approved, the project will comply with all development requirements of the RD (Duplex Residential) zoning district including height, setbacks from property line, and architectural compatibility. The project is also consistent with the following policies of the El Cerrito General plan: and CD1.1: Neighborhood Character. \\ Page 6 of 8

16 Variance Findings 1. There are special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, whereby the strict application of the Zoning Ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district; There are special circumstances applicable to the property regarding size and width of the lot whereby the strict application of the code would deprive such properties of privileges enjoyed by properties in the neighborhood. The lot is substandard in size at 3,700 square feet and in width at 37 ft. feet wide. There are four other properties on the block that are similar in size, that were developed with a similar single family residence, and all with substandard garage setbacks. 2. Such special circumstances were not created by the owner or applicants; The substandard size and lot width was not created by the owner or the applicant. The lot was recorded with the Contra Costa County Recorder s office in 1907 as part of the Henderson- Tapscott Tract No. 1. At the time of recordation, there were no standards for lot size, dimensions or design. The City s first requirement for lot size came as part of the first City of El Cerrito zoning ordinance in 1931, well after the establishment of the lot, where the minimum lot size in a residential zone was 5,000 square feet. 3. The Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and Approval of the Variance does not constitute the granting of a special privilege. All of the substandard lots on the block are developed with a single family residence and with garages that are setback less than twelve feet from the front property lines. Further, the proposed size of the residence and garage are in keeping with other residences in the surrounding neighborhood. The two stall garage is required in this zoning designation. 4. The authorization of the Variance will meet the intent and purpose of the zoning district in which the subject property is located, and will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood, or the public welfare in general. Authorization of the Variance meets the intent and purpose of the RD (Duplex Residential) and will not be detrimental to persons living the in the vicinity. The single family residential use is a permitted use in the RD (Duplex Residential) zoning district. Ancillary to the use is the vehicle parking requirement. Two parking spaces are required for residences with two or more bedrooms. The applicant has provided a two-car garage to accommodate for off-street parking. 5. California Government Code Section provides that a variance from the terms of the zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives the Page 7 of 8

17 property owner of privileges enjoyed by other property in the vicinity and under identical zoning classification. Government Code Section requires that a Variance can only be granted when because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives the property owner of privileges enjoyed by other property in the vicinity and under identical zoning classification. The substandard size of the subject lot (3,700 square feet) and substandard width of the lot (37 feet) are deemed special circumstances that are applicable to the property. The lot was established as a legal lot of record in 1907, prior to minimum lot size and lot width requirements. The special privilege was not created by the property owner. The use is consistent with the small lot residential development on the block and is compatible with overall residential character of the neighborhood. V. RECOMMENDATION Staff recommends approval of Planning Application No. PL , as conditioned by the draft resolution in Attachment 1, approving a Conditional Use Permit to allow for a single family dwelling on a substandard lot (ECMC B. 3. and Section B) and a Variance for a garage that does not meet the required 20 setback (ECMC TABLE B). Proposed Motion: Move adoption of Planning Commission Resolution PC17-0 to approve a Conditional Use Permit to allow for the development of a single family dwelling on a legally nonconforming substandard lot (El Cerrito Municipal Code Section B. 3, B.) and a Variance for relief from the required 20 foot corner street side setback for an attached garage on a corner lot (El Cerrito Municipal Code TABLE B) Appeal Period: Attachments: Within ten (10) working days after the date of the decision, the Planning Commission action may be appealed to the City Council. 1) Draft Resolution 2) Plans dated March 1, 2017 Page 8 of 8

18 Planning Commission Resolution PC17- APPLICATION NO. PL A RESOLUTION OF THE CITY OF EL CERRITO PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A SINGLE FAMILY RESIDENCE ON A SUBSTANDARD LOT (EL CERRITO MUNICIPAL CODE SECTION B. 3., B.) AND A VARIANCE TO THE REQUIRED 20 FT SETBACK FOR A GARAGE ON A CORNER LOT (EL CERRITO MUNICIPAL CODE TABLE B) AT 444 RICHMOND STREET WHEREAS, the subject property is located at 444 Richmond Street; WHEREAS, the Assessor s Parcel Number of the subject property is ; WHEREAS, the zoning district of the site is RD (Duplex Residential); WHEREAS, the General Plan land use designation of the site is Medium Density Residential; WHEREAS, this project is Categorically Exempt from the provisions of the California Environmental Quality Act pursuant to Section 15303: Class 3, New Construction; WHEREAS, the site is currently vacant; WHEREAS, the lot was legally established in 1907 as part of the recordation, with the Contra Costa County Recorder s Office, of the Henderson- Tapscott Tract No.1; WHEREAS, on June 1, 2016 the applicant filed a City approved Certificate of Compliance with the Contra Costa County Recorder s Office; WHEREAS, on March 1, 2017, the applicant submitted an application for the Conditional Use Permit and Variance; and WHEREAS, on April 19, 2017, the Planning Commission of El Cerrito, after due consideration of all evidence and reports offered for review, does find and determine the following: Conditional Use Permit 1. The project consists of a single family residence on a legally non-conforming, substandard, small lot. The project meets all but one of the development standards for the zoning designation. By creating this project which fits on to the lot, the project preserves and enhances the residential character of the neighborhood. Further, there are four other single family residences on the same block with similar development envelopes as the proposed project. 2. If approved, the project will create an additional habitable and a functional living environment that compiles with all zoning standards of the RD (Duplex Residential) zone Page 1 of 4

19 . 3. If approved, the project will comply with all development requirements of the RD (Duplex Residential) zoning district including height, setbacks from property line, and architectural compatibility. The project is also consistent with the following policy of the El Cerrito General plan: and CD1.1: Neighborhood Character. Variance 1. There are special circumstances applicable to the property regarding size and width of the lot whereby the strict application of the code would deprive such properties of privileges enjoyed by properties in the neighborhood. The lot is substandard in size at 3,700 square feet and in width at 37 ft. feet wide. There are four other properties on the block that are similar in size, that were developed with a similar single family residence, and all with substandard garage setbacks. 2. The substandard size and lot width was not created by the owner or the applicant. The lot was recorded with the Contra Costa County Recorder s office in 1907 as part of the Henderson- Tapscott Tract No. 1. At the time of recordation, there were no standards for lot size, dimensions or design. The City s first requirement for lot size came as part of the first City of El Cerrito zoning ordinance in 1931, well after the establishment of the lot, where the minimum lot size in a residential zone was 5,000 square feet. 3. Approval of the Variance does not constitute the granting of a special privilege. All of the substandard lots on the block are developed with a single family residence and with garages that are setback less than twelve feet from the front property lines. Further, the proposed size of the residence and garage are in keeping with other residences in the surrounding neighborhood. The two stall garage is required in this zoning designation. 4. Authorization of the Variance meets the intent and purpose of the RD (Duplex Residential) and will not be detrimental to persons living the in the vicinity. The single family residential use is a permitted use in the RD (Duplex Residential) zoning district. Ancillary to the use is the vehicle parking requirement. Two parking spaces are required for residences with two or more bedrooms. The applicant has provided a two-car garage to accommodate for off-street parking 5. Government Code Section requires that a Variance can only be granted when because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives the property owner of privileges enjoyed by other property in the vicinity and under identical zoning classification. The substandard size of the subject lot (3,700 square feet) and substandard width of the lot (37 feet) are deemed special circumstances that are applicable to the property. The lot was established as a legal lot of record in 1907, prior to minimum lot size and lot width requirements. The special privilege was not created by the property owner. The use is consistent with the small lot residential development on the block and is compatible with overall residential character of the neighborhood. Page 2 of 4

20 NOW, THEREFORE, BE IT RESOLVED, that after careful consideration of maps, facts, exhibits, correspondence, and testimony, and other evidence submitted in this matter, and, in consideration of the findings, the El Cerrito Planning Commission hereby approves Application No. PL , subject to the following conditions: Planning Division 1. The project will be constructed substantially in conformance with the plans dated March 1, Minor changes may be approved by the Zoning Administrator. All improvements shall be installed in accordance with these approvals. Once constructed or installed, all improvements shall be maintained as approved. 2. If Applicant constructs the building or makes improvements in accordance with these approvals, but fails to comply with any of the Conditions of Approval or limitations set forth in these Conditions of Approval and does not cure any such failure within a reasonable time after notice from the City of El Cerrito, then such failure shall be cause for non-issuance of a certificate of occupancy, revocation or modification of these approvals or any other remedies available to the City. 3. These Conditions of Approval shall apply to any successor in interest in the property and Applicant shall be responsible for assuring that the successor in interest is informed of the terms and conditions of this approval. 4. If not used, this Conditional Use Permit and Variance shall expire two years from the date of this action. Public Works 5. Prior to the issuance of the final building permit, any earthwork and grading operations in excess of 50 cubic yards will require the applicant to submit a detailed grading plan, obtain a Grading & Transportation Permit and pay all associated fees to the satisfaction of the City Engineer. 6. As part of the building permit submittal, the applicant shall provide a drainage plan for the new roof and any rain leaders to the satisfaction of the City Engineer. All drainage is encouraged to drain on-site, draining away from the foundations, 10 from property lines, and shall not cause a nuisance to neighboring properties. Drainage should not be directed toward adjacent property to the south, as distance between houses to property line is only 5 feet. 7. As part of the building permit submittal, the drainage plan shall show drainage to flow away from the existing curb ramp on southeast corner of Richmond/Central to the satisfaction of the City Engineer. 8. Prior to the issuance of the Certificate of Occupancy new street trees to be installed must be part of the City Master Tree List and approved by the City Arborist before installation to the satisfaction of the City Arborist. 9. Prior to the issuance of a building permit, the applicant must obtain a Public Works Encroachment Permit and pay all associated fees for any the installation of any street tree, sidewalk and/or driveway work, to the satisfaction of the City Engineer. Page 3 of 4

21 10. As part of the building permit submittal, the applicant shall provide a detailed Erosion and Sediment Control Plan to the satisfaction of the City Engineer. 11. During construction, the six small street trees on Central Avenue and the two small trees on Richmond Street shall be protected to the satisfaction of the City Arborist. Fire Department 12. Building Construction shall meet current building codes and the El Cerrito Fire Code to the satisfaction of the City of El Cerrito Fire Marshall. 13. Prior to the final inspection, smoke detection shall be installed in each bedroom, in hallways adjacent to bedrooms, and one detector per floor level (top and bottom of stairs) to the satisfaction of the Fire Marshal. 14. Prior to the final inspection, approved numbers or address shall be provided in such a position to be plainly visible and legible from the street fronting the property. Address shall be either internally or externally illuminated to the satisfaction of the Fire Marshall. CERTIFICATION I CERTIFY that this resolution was adopted by the El Cerrito Planning Commission at a regular meeting held on April 19, 2017 upon motion of Commissioner, second by Commissioner : AYES: NOES: ABSTAIN: ABSENT: Noel M. Ibalio Senior Planner Page 4 of 4

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26 Community Development Department - Planning and Building Division San Pablo Avenue, El Cerrito, CA (510) FAX: (510) planning@ci.el-cerrito.ca.us I. SUBJECT Applicant: Location: Request: II. PLANNING COMMISSION STAFF REPORT Meeting Date: April 19, 2017 City of El Cerrito City-wide Recommendation to City Council on a Zoning Text Amendment for Accessory Dwelling Unit (ADU) Regulations BACKGROUND Staff requests the Planning Commission s consideration of an amendment to Title 19, Zoning, of the El Cerrito Municipal Code (ECMC) (hereafter referred to as the Zoning Ordinance ) related to Accessory Dwelling Units (ADU). Over the last two decades, the State of California has adopted a number of laws that encourage the development of ADUs and limit the requirements that cities and other local agencies may impose on them. In 2016, the California legislature passed two bills, SB1069 and AB2299, intended to facilitate the creation of ADUs. Governor Brown signed the bills into law on September 27, 2016, and the law went into effect on January 1, The law amends California Government Code to provide greater allowances for ADUs and limit the requirements that cities can impose on their development. The Zoning Ordinance must be amended for consistency with recent State legislation. These amendments will allow the community to have a clear set of regulations to use as a reference. While the goal of this Zoning Text Amendment is to bring the City s municipal code into compliance with State law, additional changes to the ADU regulations are being considered as part of the City s Affordable Housing Strategy Program. When that Program s policies are finalized, Staff will be presenting additional possible Zoning Text Amendments to Planning Commission. More information on this Program is available here: As an introduction to the public, staff wanted to begin this staff report with a few fundamental concepts. What is an Accessory Dwelling Unit? An ADU is a secondary dwelling unit with complete independent living facilities for one or more persons and generally takes two forms: Page 1 of 17

27 Detached: The unit is separated from the primary structure Attached: The unit is attached to/included in the primary structure ADUs are typically created through the conversion of existing living space in a single-family home, the addition of space to an existing home, or in a detached structure in the rear yard. Why are they important? ADUs are an effective way to increase housing options without changing neighborhood character. They can provide affordable housing for renters, a source of income for homeowners, and a housing resource for extended families, seniors, college students, and others. ADUs represent a form of infill development that can be relatively affordable to construct and/or rent and offer innovative housing choices within existing neighborhoods. III. DISCUSSION New State Legislation Highlights of the new State law (the amendments to Government Code ) include: References to second unit or secondary dwelling unit must be replaced with the term accessory dwelling unit. ADUs up to 1,200 square feet or up to 50 percent of the living area of an existing dwelling may be permitted. Cities cannot require more than one parking space per bedroom or accessory dwelling unit. Cities must allow off-street parking requirements to be met through tandem parking or within setback areas. Cities must waive parking requirements for ADUs that are contained within existing structures, or that are located within one-half mile of public transit, one block of a car-share vehicle station, or in a historic district. Additional streamlined requirements (relating to setbacks and other development standards) apply to ADUs that are contained entirely within existing structures. For example, existing garages converted to ADUs cannot be required to provide a setback. Cities can limit the use of ADUs as short-term rentals. Existing El Cerrito Zoning Ordinance The Zoning Ordinance permits ADUs in all residential zoning districts on any lot with an existing single-family dwelling or where a single-family dwelling is proposed to be established in conjunction with construction of the ADU. ADUs are subject to standards for floor area, location, parking, height, and other physical features. These development standards and other special regulations for ADUs are concentrated in Section Page 2 of 17

28 , Second Units, of the Zoning Ordinance. The parking regulations for ADUs are crossreferenced/repeated in Chapter 19.24, Off-Street Parking and Loading. Currently, if ADUs meet all of the standards of Section , they are approved ministerially through a permit called an Accessory Dwelling Unit Permit. ADU projects that do not meet one or more development standards may be allowed through an Administrative Use Permit or Conditional Use Permit (discretionary permits). Although many of the El Cerrito s existing standards for ADUs can be carried forward; others conflict with the new/revised State law and must be amended. To facilitate discussion, staff has created Table 1. For sections that include revision, a narrative is also provided after the Table, by theme. TABLE 1 Current Zoning Ordinance Sections Must Section Be Amended? Suggested Amendments A. Where Allowed. Second Units may be established on any lot in the RS, RD or RM district where a primary single family dwelling has been previously established or is proposed to be established in conjunction with construction of a second unit. Only one Second Unit is permitted per primary single-family dwelling on the same lot. B. Owner Occupancy. The legal owner of the property shall occupy either the primary dwelling or Second Unit as the owner's primary residence. Prior to the issuance of a building permit for a Second Unit, the applicant shall record notice of this requirement as a deed restriction, in accordance with Subsection I, in the Contra Costa County Recorder's Office. C. Type of Unit. A Second Unit may be attached, detached, or located within the living area of the primary dwelling unit on the lot, subject to the standards of this Section. This section is consistent with State law. This section is consistent with State law. This section is consistent with State law. None None None Page 3 of 17

29 D. Minimum and Maximum Floor Area. 1. The maximum floor area of a Second Unit shall not exceed 750 square feet or 40 percent of the floor area of the primary dwelling, whichever is less, except that an attached Second Unit of 400 square feet in floor area is permitted regardless of the size of the primary dwelling. Up to 1200 square feet or 75% of the floor area of the primary dwelling, whichever is less, may be permitted with the approval of a Conditional Use Permit. 2. No Second Unit may be smaller than 150 square feet. D. Development Standards. Second Units shall conform to setback, height, lot coverage, and other zoning requirements applicable to the primary dwelling in the zoning district where the Second Unit is proposed, subject to the following additional standards: 1. The maximum height of a detached Second Unit is 15 feet. A detached Second Unit may exceed 15-feet in height with the approval of a Conditional Use Permit. 2. An attached or detached Second Unit shall be located on the interior side of a corner lot or behind the existing dwelling. 3. An attached Second Unit that results in two-story construction shall be located in the rear half of the structure. 4. A Second Unit shall have a separate, private exterior entrance. New language is needed. Clarifying language is recommended in some cases and required in the case of a garage conversion. The habitable floor area of an attached or detached accessory dwelling unit shall not exceed 50% of the habitable floor area of the primary dwelling unit, up to a maximum of 1,200 square feet. These shall be the resulting habitable floor areas of each unit after construction, addition, or conversion to create the accessory dwelling unit. Detached Units Interior Lots. A detached Accessory Dwelling Unit shall be located behind the primary dwelling in relation to the front lot line. For the purpose of this regulation, behind shall mean that at least one of the following criteria is met: i. All portions of the Accessory Dwelling Unit are located behind all portions of the primary unit. ii. The Accessory Dwelling Unit is located partially behind the primary dwelling unit, and the front façade of the Accessory Dwelling Unit is at least 20 feet farther from the front lot line than is the front façade of the primary unit. iii. The Accessory Dwelling Unit is located entirely in the rear half of the lot. Detached Units Corner Lots. On corner lots, the standard of Subsection (a) above shall be met on the front of the property. In addition, a detached Accessory Dwelling Unit shall not be located closer than the primary dwelling unit to the Page 4 of 17