ST AFF REPORT SAUSALITO CITY COUNCIL

Transcription

1 ST AFF REPORT SAUSALITO CITY COUNCIL MEETING DATE: AGENDA TITLE: LEAD DEPARTMENT: September 11, 2017 Appeal of a Planning Commission decision denying a Design Review Permit, Tree Removal Permit, Parcel Map and Condominium Conversion Permit, and Encroachment Agreement - 446/448 Sausalito Boulevard and 77 Crescent Avenue Community Development RECOMMENDED MOTIONS The City Council can take any one of the following actions: 1. Deny the appeal and uphold the Planning Commission's den iai of the project. 2. Deny the appeal and deny the project. 3. Uphold the appeal and approve the project. 4. Continue the public hearing for further consideration by the City Council. SUMMARY On July 11, 2017, the City Council conducted a public hearing to consider the appeal, reviewed the Planning Commission's May 31, 2017 determination, and voted 2-1 (YES: Hoffman, Mayor Withy; NO: Bums) to continue the public hearing for further consideration of all entitlements requested by the project. 1 The project requests the following entitlements: Design Review Permit, subject to Heightened Design Review, for substantial demolition and remodel of the existing two-unit residential dwelling (446/448 Sausalito Boulevard) and construction of a new single-family residential dwelling (77 Crescent Avenue); Tree Removal Permit for the removal of three protected trees and six heritage trees; Parcel Map and Condominium Conversion Permit to convert the property into a three-unit condominium covenant; and 1 Meeting Materials (ltem 58): id=2&clip id=374 Meeting Vídeo: id=2&clip id=374 Page 1 of 18

2 Encroachment Agreement for improvements in the public right-of-ways fronting 446/448 Sausalito Boulevard and 77 Crescent Avenue: an existing parking deck, parallel public parking space, unit access stairs, landscaping, driveway, and retaining walls. BACKGROUND On December 15, 2016, the Planning Commission denied a Design Review Permit, subject to Heightened Design Review, for substantial demolition and remodel of the existing two-unit residential dwelling (446/448 Sausalito Boulevard), construction of a new single-family residential dwelling (77 Crescent Avenue), and other related site improvements. 2 On December 27, 2016, the property owner filed an appeal of the den iai of the project. On January 24, 2017, the City Council conducted a public hearing to consider the appeal of the Planning Commission's denial of the project. Staff provided a full presentation of the remodel project at 446/448 Sausalito Boulevard and the new singlefamily residential dwelling at 77 Crescent Avenue. All entitlements and the Findings for project approval and project denial were discussed at the public hearing and within the Staff Report. 3 The City Council remanded the project back to the Planning Commission for review of the project with specific direction: The appellant/applicant to revise the scale and mass of the new single-family residential dwelling at 77 Crescent Avenue; and Planning Commission to review the changes, determine whether the required Design Review Findings can be made, and forward a recommendation to the City Council. In response to the City Council's direction, the project team submitted a revised project that aims to reduce the scale and mass of the new single-family residential dwelling at 77 Crescent Avenue. On May 31, 2017, the Planning Commission conducted a public hearing to consider the revised project and determined that the project continues to represent issues of excessive scale, mass, and compatibility to the surrounding parcels. 4 The Planning Commission focused on three Design Review Permit Findings (1, 3, and 12) that were part of the bases for the project den iai, and found that these Findings are unable to be made. The draft Findings for denial of the Design Review Permit may be reviewed within Attachment 1 and below. PROJECT ENTITLEMENTS - FINDINGS FOR DENIAL All Findings for each entitlement must be made in order to approve the project. In total, there are 46 Findings that must be made in order to approve the project. lf it is determined that any one or more Findings cannot be made, the project cannot be 2 Meeting Materials (ltem 1): id=2&clip id=328 Meeting Video: id=2&clip id=328 3 Meeting Materials (ltem 5A): id=2&clip id=332 Meeting Video: id=2&clip id=332 4 Meeting Materials (ltem 3): id=2&clip id=363 Meeting Video: id=2&clip id=363 Page 2 of 18

3 approved. The three Findings that could not be made by the Planning Commission at their May 31, 2017 public hearing are provided below. The City Council can agree to these three denial Findings, modifylreverse these three denial Findings, andlor decide upon any of the other 46 Findings. DESIGN REVIEW PERMIT - FINDINGS FOR DENIAL In accordance with Sausalito Municipal Code Section D (Design Review Permit Findings), the Planning Commission determined that the Design Review Permit could not be approved based on the following Findings that could not be made: 1. The proposed project is consistent with the General Plan, any applicable specific plans and this chapter. The project is not consistent with all applicable policies, standards, and regulations of the General Plan and Zoning Ordinance. Under the General Plan Land Use Element, the project is not consistent with Objective LU-1.0-Protect and Maintain the Character of Residential Neighborhoods. The scale and mass of the three living units on a single parcel is excessive and does not meet the General Plan's intent to reflect the predominant land use, scale, density, and intensity of existing development. Under the General Plan Community Design and Historical Preservation Element, the project is not consistent with Objective CD-1.0-Scale and Architectural Diversity. The project's maximum build out of the site is out of scale with the village like quality of Sausalito and is not in harmony with neighboring structures. The project is not consistent with the stated purposes of Sausalito Municipal Code Chapter (Design Review Procedures) to incorporate site considerations and adjacent uses into the design of the new construction and alteration of existing structure due to its excessive scale and mass and maximum buildout. 3. The proposed project is consistent with the general scale of structures and buildings in the surrounding neighborhood andlor district. The project includes the remodel of an existing two-unit residential structure and the creation of a new single-family residence. According to the County of Marin, surrounding parcels contain a mixture of single-family structures (approximately 62%) and two-family structures (approximately 33%). The project's design of three living units on a single parcel combined with the scale and mass of the structures is not compatible or consistent with the scale of development in the neighborhood. The design of the new 77 Crescent Avenue structure is not consistent with other nearby single-family residences which have a typical design of, at maximum, two living levels above a street-level garage. 77 Crescent Avenue's design of three living levels above a street-level garage is inconsistent with the design and general scale of structures and buildings in the vicinity. The project's overall floor area (4,915 square feet; Page 3 of 18

4 0.579 floor area ratio) is 89.1 % of total permitted floor area for the site. The project's overall building coverage (3,680 square feet; 43.3%) is 86.7% of the total permitted building coverage. In comparison to the neighborhood, the project's overall floor area and building coverage are high and out of scale. 12. The project site is consistent with the guidelines for heightened review for projects which exceed 80% of the maximum allowed Floor Area Ratio andlor site coverage, as specified in subsection E (Heightened Design Review Findings). The project is subject to Heightened Design Review as the overall building coverage and floor area exceed 80% of the total permitted improvements for the site. The maximum build out of the site at 89.1 % of the total permitted floor area is out of scale with other properties in the surrounding neíghborhood. Project features such as the imposition of three living levels above a street-level garage for 77 Crescent Avenue, the minimal stepping back of the massing for the new 77 Crescent Avenue structure to relate to the hillside, and the overwhelming development of three living units in two looming structures on one parcel contribute to the lack of consistency between the project and the requisite Design Review and Heightened Design Review Findings. PROJECT ENTITLEMENTS - FINDINGS FOR APPROVAL Staff-drafted Findings for approval of all entitlements were provided at the July 11, 2017 City Council meeting as one of the options for action-"uphold the appeal and approve the project." All 46 Fíndings that must be made in order to approve the project are provided below and within the draft Resolutions (Attachments 2A and 28). The project plans and project summary table-unchanged from July 11, 2017-may be reviewed within Attachments 8 and 9, respectively. The City Council can agree to these Fíndings for approval or provide Staff direction for the preparation of a Resolution with the specific Findings for approval. DESIGN REVIEW PERMIT In accordance with Sausalito Municipal Code Section D (Design Review Permits), the Design Review Permit is approved based on the following Findings: 1. The proposed project is consistent with the General Plan, any applicable specific plans and this chapter. The project, as conditioned, is consistent with all applicable policies, standards, and regulations of the General Plan and Zoning Ordinance as described in the Planning Commission and City Council Staff Reports (DR-CCP-PM-EA-TRP ). The Planning Commission determined that this Finding cou/d not be made. Page 4 of 18

5 2. The proposed architecture and site design complements the surrounding neighborhood andlor district by either: a) Maintaining the prevailing design character of the neighborhood andlor district or b) lntroducing a distinctive and creative solution which takes advantage of the unique characteristics of the site and contributes to the design diversity of Sausa/ito. The remodel design of the existing structure at 446/448 Sausalito Boulevard is consistent with the housing styles in the neighborhood. The project replaces the structure's existing wood-clad siding with a façade of wood, stucco, and metal elements that will be harmonious and non-intrusive to the aesthetics of surrounding properties. The reorganization of interior and exterior spaces uses straight lines, rectilinear shapes, and articulated fenestration in a complementary manner to properties in the vicinity. The residence at 77 Crescent Avenue utilizes a distinctive and creative approach to locating on the steep hillside by inserting the bulk of the living area into the hillside and terracing the design to correspond with the natural topography. The colors and materials utilized are in keeping with the site and surrounding neighborhood. The overall project's innovative architectural design elements such as the curved retaining wall/entry stair that forms the structural wall and green roof contribute to the design diversity of Sausalito without detracting from the prevailing neighborhood character. 3. The proposed project is consistent with the general scale of structures and buildings in the surrounding neighborhood andlor district. The project includes the remodel of an existing two-unit residential structure and the creation of a new single-family residence in keeping with the General Plan's intent to allow a mix of single and two-family structures in this area of the City. The remodel of 446/448 Sausalito Boulevard is consistent with the general scale of neighborhood structures as it will not modify the coverage from existing conditions and is essentially a façade update with reorganization of massing. The terraced, hillsideinset construction of 77 Crescent Avenue (1,917 square feet) will be consistent with other single-family residences in the vicinity with total floor area between 851 square feet and 3,167 square feet. 77 Crescent Avenue's FAR is which is below the 0.35 average FAR for the neighborhood. Although located on the same parcel, the two residential structures front on different streets, are separated by 20'-9" distance, and visually read as two separate structures when observed from afar. The large through-lot parcel (8,493 square feet) is adequate to support the project. The Planning Commission determined that this Finding cou/d not be made. Page 5 of 18

6 4. The proposed project has been located and designed to minimize obstruction of public views and primary Views from private property. The prominent viewing area for properties along Sausalito Boulevard and Crescent Avenue is to the northeast towards Richardson Bay, Belvedere, and Tiburon. \ The project's remodel of 446/448 Sausalito Boulevard will not interfere with the primary views from structures on neighboring properties as evidenced by the story poles which indicate a reorganization of massing but no obstruction to viewing corridors. Although the current flat roof of the carport will be remodeled to a shed roof and a new enclosed entry access stair located at the same level will be added, these improvements are designed to be below the primary viewing areas of neighboring structures on Sausalito Boulevard. The majority of the living area for the two-unit structure is also located downhill from Sausalito Boulevard and will not impede the enjoyment of views from adjacent properties. The siting of the residence at 77 Crescent Avenue into the steep hillside and the terraced design which follows the topography of the site ensures that public views and primary views from neighboring properties are minimally affected. The project's northern elevations (viewed by looking uphill), eastern and western elevations (viewed by looking from along the right-of-ways), and the southern elevations (viewed by looking downhill from Sausalito Boulevard and not visible from Crescent Avenue), will not detract unreasonably from primary or public views beyond existing site conditions. 5. The proposed project wi/1 not result in a prominent building proti/e (silhouette) above a ridgeline. The subject parcel is not located along a ridgeline and thus the project will not result in a prominent building profile above a ridgeline. 6. The proposed landscaping provides appropriate visual relief, complements the buildings and structures on the site, and provides an attractive envimnment for the enjoyment of the public. The project's landscaping will integrate with existing landscaping to complement the site and integrate the remodel and new residence to the surroundings. Established trees throughout the property and along the frontages of Sausalito Boulevard and Crescent Avenue will be preserved. Existing vegetation will remain on the majority of the open areas of the prope_rty and the site will be improved with a Japanese inspired, drought tolerant planting plan. The landscape plan includes foliage throughout the property with a grouping of trees and shrubs between the two residences. In combination with existing landscaping, the project's new landscaping will provide appropriate visual relief, privacy screening, and provide an attractive environment for public viewing. Page 6 of 18

7 7. The design and /ocation of buildings provide adequate light and air for the project site, adjacent properties, and the general public. The project is designed to limit impacts on light and air for the project site, adjacent properties, and the general public. The remodel of 446/448 Sausalito Boulevard will remove an existing encroachment and increase setback distance between the subject property and the adjacent property at 440/442 Sausalito Boulevard. The residence at 77 Crescent Avenue is set into the steep hillside and provides adequate light and air for the dwelling and reduces the shadowing effect on adjacent properties. The project complies with the setback requirements of the parcel and as oriented and sited, the design and location of structures provide sufficient light and air for the site, neighboring structures, and general public. 8. Exterior lighting, mechanical equipment, and chimneys are appropriately designed and /ocated to minimize visual, noise and air quality impacts to adjacent properties and the general public. All exterior lighting is subject to the standard Condition of Approval requiring lighting to be shielded and downward facing. The project does not include any new mechanical equipment or chimneys. 9. The project provides a reasonable level of privacy to the site and adjacent properties, taking into consideration the density of the neighborhood, by appropriate landscaping, fencing, and window deck and patia configurations. Due to the design of the project, the orientation, location, steep hillside topography of the project site, and the existing development patterns of the surrounding neighborhood, impacts to privacy are minimal and reasonable to preserve the property's right to develop. The remodel of 446/448 Sausalito Boulevard will not intensify privacy impacts beyond existing conditions. Overall, the construction of 77 Crescent Avenue into the hillside, the placement of windows and decks oriented east, and landscape screening along the north and south sides of the property will not result in the generation of unreasonable privacy impacts for adjacent properties. 1 O. Proposed entrances, exits, interna/ circulation, and parking spaces are configured to provide an appropriate /e vel of traffic safety and ease of movement. The project will comply with current construction codes to ensure adequate health and safety. The City Engineer has reviewed the project and, as conditioned, finds that the project would provide for an appropriate level of traffic safety and ease of movement. The project provides the required number of parking spaces for the site and includes the creation of a parallel parking space for public utilization along Sausalito Boulevard in an unpaved area commonly utilized for parking. No negative impacts to traffic circulation and safety are anticipated beyond the project site's current conditions. The addition of a paved public parking space along Sausalito Page 7 of 18

8 Boulevard will assist in the alleviation of parking demand along the right-of-way and create a safer place for vehicle storage. 11. The proposed design prese,ves protected trees and significant natural features on the site to a reasonable extent and minimizes site degradation from construction activities and other potential impacts. A Tree Removal Permit is required for the removal of three protected trees and six heritage trees for new development. A comprehensive landscape plan that includes new landscaping to integrate with existing landscaping and vegetation is provided and replacement trees will be incorporated to mitigate tree removal effects. The intentional inset of. 77 Crescent Avenue into the hillside will requi re substantial excavation but is reasonable in order to accommodate the development of new housing supply without significant impacts of massing and obstruction of views. A Construction Management Plan is required as part of the Building Permit application to ensure that construction activities result in minimal disturbance to the site and neighborhood. 12. The project site is consistent with the guidelines for heightened review for projects which exceed 80% of the maximum allowed F/oor Area Ratio andlor site coverage, as specified in subsection E (Heightened Design Review Findings). The project is subject to Heightened Design Review and is consistent with the guidelines as specified in subsection E (see Heightened Design Review Findings). The Planning Commission determined that this Finding cou/d not be made. 13. The project has been designed to ensure on-site structures do not crowd or overwhelm structures on neighboring properties. Design techniques to achieve this may include, but are not limited to: stepping upper Jeve/s back from the first Jevel, incorporating facade articu/ations and divisions (such as building wa/1 offsets), and using varying rooflines. The remodel and new residence has been carefully designed to ensure that on-site structures do not crowd or overwhelm the structures on neighboring properties. The remodel of 446/448 Sausalito Boulevard will eliminate an existing encroachment on the adjacent property at 440/442 Sausalito Boulevard. A distance of 20'-9" separates 446/448 Sausalito Boulevard and 77 Crescent Avenue and the project is in compliance with the setback requirements of the parcel. The residence at 77 Crescent Avenue is terraced and stepped into the steep hillside and with a minimum setback from neighboring structures of at least 30'. Page 8 of 18

9 HEIGHTENED DESIGN REVIEW FINDINGS The Planning Commission determined that Design Review Permit Finding 12 (see prior) concerning Heightened Design Review cou/d not be made. Should the City Council decide to uphold the appeal and approve the project, below are draft Findings for Heightened Design Review approval. In accordance with Sausalito Municipal Code Section E (Heightened Design Review), the Design Review Permit with Heightened Design Review is approved based on the following Findings: 1. Proposed development of the site maximizes preservation of protected trees. The project includes the removal of three protected trees and six heritage trees to accommodate new development. The removal of these trees is necessary for the preservation of the property's right to develop. The landscape plan for the site includes new landscaping to integrate with existing landscaping and vegetation. Nine replacement trees (Coast Live Oaks) are incorporated to mitigate tree removal effects and overall, the site will be landscaped in a comprehensive and attractive manner. 2. The site is configured with adequate width and depth to provide yard spaces and setbacks, proportional to the size of the structure. The project complies with all requirements (e.g. setbacks, height, etc.) of the Zoning Ordinance. The remodel of 446/448 Sausalito Boulevard will remove an existing encroachment and increase setback distance between the subject property and the adjacent property at 440/442 Sausalito Boulevard. The residence at 77 Crescent Avenue complies with the setback requirements of the parcel. A separation of 20'-9" is designed between the two structures. Overall, adequate space is provided proportional to the size of the structures. 3. The site wi/1 be developed in a manner that minimizes the obstruction of views from surrounding properties and public vantage points, with particular care taken to protect primary views. The project is designed, located, and oriented to minimize potential view impacts from adjacent properties and for the general public. The primary viewing area is to the east and the project will not detract from such views in an unreasonable manner. 4. The proposed development of the site presents no potential hazard to public safety in terms of vehicle traffic, pedestrian circulation, slope and tree stability, run-off, and public utilities. The project presents no negative impacts beyond existing conditions. The project Page 9 of 18

10 has been reviewed by the City at the Design Review stage and further review is required at the Construction Permit stage. All geotechnical reports, hydrological reports, and septic sewer designs will be fully reviewed. by the Public Works Department and the City's engineering and building services consultant, as is customarily done for all constructi.on projects. 5. The slope and topography of the site al/ows for limited excavation and minimal alteration to the site topography outside the footprint of structures. Outside the footprint of structures, the project design for stairs, decking, landscaping, retaining walls, and a parallel parking space, require limited excavation and alteration to current site conditions. 6. The site wi/1 provide adequate guest parking either on-site or within the immediate street frontage. The project includes the two required parking spaces per dwelling unit and provides adequate guest parking on-site via the parking deck off Sausalito Boulevard and the driveway off Crescent Avenue. The project also includes the creation of a new parallel public parking space on Sausalito Boulevard that will be of benefit to the community as a safer location to park in comparison to the commonly utilized but currently unpaved partion of land on the steep slope adjacent to Sausalito Boulevard. 7. The proposed plan pro vides adequa te landscaping to maximize privacy and minimize the appearance of bulk. Due to the project scope and design, the remodel of the existing structure at 446/448 Sausalito Boulevard does not increase privacy or bulk concerns beyond existing conditions. The project's landscaping plan complements the remodel and integrates the structure to the site and surroundings. The hillside-inset design of 77 Crescent Avenue and the overall preservation and enhancement of trees and vegetation on-site and along the right-of-ways-integrated with new privacy-conscious landscaping-will minimize privacy and bulk concerns. TREE REMOVAL PERMIT In accordance with Sausalito Municipal Code Section B (Protected Trees), the Tree Removal Permit is approved based on the following determinations: 1. In order to grant a Tree Remava/ or Alteration Permit, it must be determined that the action is necessary in order to accomplish any one of the fol/owing objectives: a. To ensure the public safety as it relates to the health of the tree, potential hazard to life or property, proximity to existing or proposed structures, and interference with utilities or sewers. Page 10 of 18

11 b. To allow reasonable enjoyment of the property, including sunlight, and the right to develop the property. c. To take reasonable advantage of views. d. To pursue good, professional practices of forestry or landscape design. The removal of the three protected Live Oak trees allows the large, through-lot property the opportunity to develop as designed. The three protected Live Oak trees are located in the area of the proposed access stair to 448 Sausalito Boulevard, the proposed access stair to 77 Crescent Avenue, and the proposed residence at 77 Crescent Avenue. The removal of the six heritage Bay Laurel trees (designated as Highly Flammable) complies with the Southern Marin Fire Protection District's Vegetation/Fuels Management Plan to reduce the likelihood of a hazardous fire threatening both life and property. 2. In order to grant a Tree Remava/ Permit, it must be determined that any one of the following conditions is satisfied: a. The tree to be removed will be replaced by a desirable tree. b. The Trees and Views Committee waives the requirement in subsection (B)(2)(a) of this section based on information provided by the app/icantlowner. The comprehensive landscape plan includes, among other improvements, nine replacement Coast Live Oaks to mitigate tree removal. CONDOMINIUM CONVERSION PERMIT In accordance with Sausalito Municipal Code Section , the Condomini u m Conversion Permit is approved based on the following Findings: 1. The Planning Commission has received and reviewed an avera/l assessment report from the Community Development Department regarding the general condition of all buildings and listing all code violations. All three units of the requested condominium covenant and the parcel itself will be significantly improved to comply with current California Construction Codes and the City's local amendments of the Construction Codes. No code violations are reported for the property. 2. Factors identified in Section (Public Notice and Hearing) have been fully considered by the Planning Commission. The Tentative Parcel Map and Condominium Conversion Permit have been fully analyzed by the project Staff Reports and considered by the Planning Commission and City Council. 3. The condominium project will conform to all app/icable /aws, ordinances and regulations, including but not limited to, those pertaining to housing, building, fire Page 11 of 18

12 and subdivision. The subject property conforms to the use and density limits of the Two-Family Residential (R-2-2.5) Zoning District pursuant to the SMC. Furthermore, SMC Section (Conditions of Approval), requires standard Conditions of Approval to ensure conformity with all applicable laws relating to public health and safety, in addition to all ordinances and regulations. 4. The condominium project conforms to the Sausalito General Plan. The project is consistent with General Plan Housing Element Objective H-2.0-Provide an Adequate Supply of Housing by proposing the remodel of the existing two-unit residential structure and construction of a new single-family residence. While the subject property owner will continue to reside in 446 Sausalito Boulevard, the remodel of the unit at 448 Sausalito Boulevard (currently unoccupied by a long term tenant) will increase its value and attraction for a future long term tenant/property owner. The creation of a new residence at 77 Crescent Avenue will increase the supply of housing available in the City. General Plan policies regarding condominium conversions are also concerned with the preservation of affordable rental units. The existing two units at 446/448 Sausalito Boulevard and the new residence at 77 Crescent Avenue do not qualify as affordable for low- or very low income households. 5. The City approves the declaration of restrictions required by Califomia Civil Code SS 1355 for the project, as specified in Section (Conditions of Approval). Conditions of Approval require that prior to recordation of a Final Parcel Map, the property owners submit final condominium association by-laws (i.e., CC&R's) for review and approval by the Community Development Department. 6. Approval of the proposed condominium project wi/1 not adversely affect the provision of adequate housing for all segments of the community, and adequate replacement housing for displaced tenants is available. The vacancy rate for comparable units sha/1 be considered in evaluating the adequacy of replacement housing. Currently, the existing two-unit residential structure at 446/448 Sausalito Boulevard is occupied as follows: 446 Sausalito Boulevard is owner occupi ed; and 448 Sausalito Boulevard's long term tenant is no longer a resident of the City. The unit is temporarily occupied by a short-term (more than 30 days) renter as the project seeks its entitlements. The project's remodel of the 446/448 Sausalito Boulevard structure will not constitute a loss of a dwelling unit or a displaced, long-term tenant. The addition of a new single-family residence at 77 Crescent Avenue will increase the City's supply of housing. Page 12 of 18

13 7. No deficiency of multiple-family renta/ housing and two-family renta/ dwelling units exists within the City of Sausalito, consistent with the Housing Element. Based on the latest available information tram 2013, 59% of Sausalito's housing units were rentals (2,671 units). As such, 133 units (5% of 2,671 units) may be permitted to be converted tram a rental unit to a condominium unit in a calendar year. The project proposes the conversion of an existing two-unit residence and the creation of a new single-family residence. In 2016, a single Condominium Conversion Permit was issued for two converted units. This project would result in the conversion of three total units-2016 annual total of five converted unitssignificantly under the 5% estimated value of total rental units in the City for No Condominium Conversion Permits have been issued in Since 2009, the City has approved the following condominium conversions: One conversion project at Cazneau Avenue for two total converted units; 201 O - One conversion project at Sausalito Boulevard for two total converted units; One conversion project at 41 O Johnson Street for three total converted units; None; None; One conversion project at 420/422 Napa Street and 114 Filbert Avenue for three total converted units; None; One conversion project at Sausalito Boulevard for two total converted units; and None. Based on this information and the information contained in the Planning Commission and City Council Staff Reports (DR-CCP-PM-EA-TRP ), there is no evidence that a deficiency of multiple-family rental and two-family rental housing will occur with the subject Condominium Conversion Permit. 8. All provisions of this arlicle are met; or the mínimum number of parking spaces required by this arlicle is being met, and existing nonconformities are not being increased, and to the greatest extent practicable, some existing nonconformities are being decreased. The project includes the substantial remodel of the existing two-unit residence at 446/448 Sausalito Boulevard and the construction of a new single-family residence at 77 Crescent Avenue. The project is designed within the development standards for the Two-Family Residential (R-2-2.5) Zoning District and consistent with the Medium High Density General Plan Land Use Designation. The required parking for the project is provided and an existing encroachment onto a neighboring property is eliminated as part of the project. Page 13 of 18

14 9. The avera/l design and physical condition of the condominium conversion achieves a high degree of appearance, quality and safety. In coordination with the Design Review Permit, the condominium conversion and overall project, as conditioned, will promote a high level of aesthetic benefit to the site in a safe and complementary manner. 1 O. The proposed project wi/1 not convert during the current calendar year more than 5% of the potentially convertible renta/ units in Sausalito except as otherwise provided in this article, consistent with Section 1 O (Effect on City's Low and Moderatelncome Housing Supply). The Condominium Conversion Permit will result in the total conversion of three units to condominiums, a value significantly below 5% of the total rental housing stock of the City. 11. Vacancies in the project have not been intentionally increased for the purpose of preparing the project for conversion. The existing two-unit residential structure at 446/448 Sausalito Boulevard is occupied as follows: 446 Sausalito Boulevard is owner occupied; and 448 Sausalito Boulevard's long term tenant is no longer a resident of the City. The unit is temporarily occupied by a short-term (more than 30 days) renter as the project seeks its entitlements. Vacancies have not been intentionally increased in preparation of the requested entitlements. 12. There has been no new construction over 300 square feet within the past three (3) years. No new construction over 300 square feet has occurred within the past three years. 13. The project wi/1 not result in the eviction of a senior citizen tenant. 446 Sausalito Boulevard is owner-occupied. 448 Sausalito Boulevard's long term tenant is no longer a resident of the City and is being only temporarily occupied by a tenant while the project is seeking its entitlements. The project will not result in the eviction of a senior citizen tenant. 14. The project wi/1 not result in a loss of low and moderate income housing stock of the City. The remodel of the 446/448 Sausalito Boulevard structure will not result in a loss of low- and moderate-income housing stock of the City. The construction of a new Page 14 of 18

15 single-family residence will contribute to the City's housing stock. TENTATIVE PARCEL MAP/ SUBDIVISION MAP ACT In accordance with Government Code Section , the City Council finds: 1. The subdivision is consistent with the General Plan. The subdivision is consistent with General Plan Housing Element Objective H-2.0- Provide an Adequate Supply of Housing by remodeling the existing two-unit residential structure and constructing a new single-family residence. 446 Sausalito Boulevard is owner-occupied. 448 Sausalito Boulevard's long term tenant is no longer a resident of the City and is being only temporarily occupied by a tenant while the project is seeking its entitlements. The remodel of the 446/448 Sausalito Boulevard structure will not result in a loss of low- and moderate-income housing stock of the City and the construction of a new single-family residence at 77 Crescent Avenue will increase the supply of housing available in the City. In accordance with Government Code Sections and , the City Council finds: 2. Local agencies sha/1 consider the effect of the approval or denial on the housing needs of the region in which the local jurisdiction is situated and balance these needs against the public service needs of its residents and available fiscal and environmental resources. The project and subdivision and will increase the local housing supply in an appropriate manner that meets public service needs. 3. The design of the subdivision sha/1 provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision The project and subdivision include energy-efficient flush-mounted solar panels and passive and natural heating or cooling opportunities are enhanced by the green roof of the new residential structure and its hillside-inset design. Government Code Section requires the local agency disapprove a tentative map if it makes any one of the following findings. In accordance with Government Code Section 66474, the City Council finds: 4. That the proposed map is not consistent with applicable general and specific plans. The subdivision map is consistent with the General Plan. No specific plan exists for this area. The General Plan's intent for the Medium and Medium High Density Residential Land Use Designation is to allow a mix of single and two-family structures. Page 15 of 18

16 5. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. The map does not include new improvements which are inconsistent with the General Plan or any applicable specific plan. 6. That the site is not physically suitable for the type of development. The project site is already developed with an existing two-unit residence. The project includes the construction of a new single-family residence on a large through-lot parcel. The scope of the project is suitable for the Two-Family Residential (R-2-2.5) Zoning District which permits a mixture of single- and two-family residences. 7. That the site is not physical/y suitable for the proposed density of development. The project site is already developed with an existing two-unit residence. The project includes the construction of a new single-family residence. The Two-Family Residential (R-2-2.5) Zoning District permits one dwelling unit per 2,500 square feet of parcel area. The subject parcel is 8,493 square feet and can be considered physically suitable for the condominium conversion which will create the legal separation between the existing two-unit residence and a new single-family residence. 8. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project and subdivision are Categorically Exempt per CEQA Guidelines Section Existing Facilities, Section 15303(a) - New Construction or Conversion of Small Structures covering "One single-family residence [... ] in a residential zone," and Section 15303(k) for "Division of existing multiple-family or single :. family residences into common-interest ownership... where no physical changes occur which are not otherwise exempt." 9. That the design of the subdivision or type of improvements is likely to cause serious public health problems. The project and subdivision, as designed and conditioned, are not likely to result in negative impacts related to public health. 1 O. That the design of the subdivision or type of improvements wi/1 conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. This subsection sha/1 apply only to easements of record or to easements established by judgment of a couri of competent jurisdiction. The project and subdivision will not conflict with any easements. Page 16 of 18

17 CORRESPONDENCE September 5, 2017: Chris & Sally Peterson (Attachment 3) September 5, 2017: Greg & Mary Thomson (Attachment 4) September 5, 2017: Kaethin Prizer, Eva Ulehlova, Richard & Barbara Vasquez (Attachment 5) September 5, 2017: Taylor & Nicole Jordan (Attachment 6) September 5, 2017: Bob Braid (Attachment 7). RECOMMENDED MOTIONS The City Council can take any one of the following actions: 1. Deny the appeal and uphold the Planning Commission's denial of the project. Approve the Resolution to deny the appeal and deny the project based on the three den iai Findings (Attachment 1 ). The Council may specify that the project is denied without prejudice in order to allow the applicant to return within a year with a request for approval of a similar project. 2. Deny the appeal and deny the project. The Council shall provide specific language for any one or more of the 46 Findings that cannot be made and direct Staff to prepare a Resolution for den iai of the project. 3. Uphold the appeal and approve the project. Approve the Resolution to uphold the appeal and approve the project, subject to the revised design of 77 Crescent Avenue (Attachment 2A). Approve the Resolution to approve an Encroachment Agreement for the project (Attachment 2B). 4. Continue the public hearing for further consideration by the City Council. Continue the public hearing to allow submission of additional information and/or project revisions and return the project for further consideration by the City Council. ATTACHMENTS 1. City Council Resolution to deny the appeal and uphold the Planning Commission's den iai of the project (Drafl) 2. A. City Council Resolution to uphold the appeal and approve the revised project (Drafl) B. City Council Resolution to approve an Encroachment Agreement for the revised project (Drafl) 3. Correspondence - Chris & Sally Peterson - September 5, Correspondence - Greg & Mary Thomson - September 5, Cqrrespondence - Kaethin Prizer - September 5, Correspondence - Taylor & Nicole Jordan - September 5, Correspondence - Bob Braid - September 5, Project Plans 9. Project Summary Table Page 17 of 18

18 PREPARED BY: REVIEWED BY: Calvin Chan, AICP Senier Planner DaPv o/a;;r Community Development Director REVIEWED BY: SUBMITTED BY: J; -tfµt1 Adam W. Polit er City Manager i:\cdd\projects - address\s\sausalito 446\dr-ccp-pm-ea-trp \appeal\ccsr.doc Page 18 of 18