TOWN OF SAN ANSELMO PLANNING COMMISSION STAFF REPORT. For the meeting of December 7, Agenda Item 5A

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1 TOWN OF SAN ANSELMO PLANNING COMMISSION STAFF REPORT For the meeting of December 7, 2015 Agenda Item 5A Owner: Samantha Lyman & Doug Penman Design Professional: Daniel Castor, Castor Architecture Project Address: 1405 San Anselmo Avenue Assessor s Parcel No.: Zoning/General Plan: R-1, Single Family Residential FIRM Flood Zone: Zone X (Minimal Flood Hazard Area) Request Height Variance for remodel which includes the reintroduction of a historic steeple. The property was originally occupied by the 2 nd Presbyterian Church of San Anselmo. This remodel aims to restore the historic character of the property, including a max height of 47 to the top of the steeple (the rest of the roof will remain unchanged and stay at 28 to highest pitch). Materials include rustic siding painted white, dark grey stucco siding, and classic white stone. The reintroduction of the steeple is meant to add historical and cultural value to the property and to the surrounding neighborhood, there is no material benefit to the project. Recommendation That the Planning Commission approve the project subject to the findings and conditions in the staff report. I. PROJECT SUMMARY Timing Pursuant to the Permit Streamlining Act (California Government Code Section et. seq.) the Planning Commission must approve or disapprove the project by January 10, 2015 (within 60 days of the project being deemed complete and exempt from CEQA). Page 1 of 6

2 Existing and Proposed Conditions Existing Current Proposal Code Zoning R-1 Single Family Same Same General Single Family Same Same Plan Residential Flood Zone X (not a flood zone) Same Same Lot Size (sq. ft.) 8,500 Same 7,500 Lot Coverage (sq. ft.) 3,436 3,378 2,975 Lot Coverage (%) 40.4% 39.7% 35% Floor Area (sq. ft.) First Floor 2,695 Second Floor 1,170 Other Building 742 Total 5,147 First Floor 2,721 Second Floor 1,657 Other Building 742 Total 5,120 Adjusted Floor Area Ratio sq. ft. (%) 5,147 (60.6%) 5,120 (60.2%) 2,975 (35%) Setbacks Front 1 2 Rear 7 5 North side 7 9 South side 1 2 Same Front 20 Rear 20 Side: 8 Stories Maximum Height Above Average Existing Grade 28 feet 47 feet to top of 30 feet steeple Page 2 of 6

3 Project Description The proposed project is to remodel an existing structure with the intent of restoring the historical and cultural significance of the property as well as improve the appearance of the building and bring it up to current building code. The property was originally occupied by the 2 nd Presbyterian Church of San Anselmo, dedicated in Other structures on the site and additions to the church were added over the years, including a cottage to the rear of the property (accessed from Humboldt Avenue). In the 1960 s and 1970 s the building, known then as The Church, was used as a rehearsal and recording studio for Sons of Champlin and other famous artists and bands such as Boz Scaggs, Van Morrison and Jefferson Airplane, 1 before eventually being converted to a single family residence. The reintroduction of the steeple is meant to associate the property with the historical significance it once had as a church. In addition, the overall project design is meant to tie together the lower buildings into a single configuration. There is no material benefit to the steeple, but it is included with the project to bring cultural and aesthetic value to the project. The remodel will include rustic wood siding, painted white, to cover the original church building. The windows are being replaced with windows that are designed in the style of traditional church windows. The windows that are increasing dramatically in size are oriented towards the cottage, and would not affect the privacy of neighboring properties. The main property is a neutral color which is meant to highlight the original church architecture in classic white. II. STAFF ANALYSIS Variance for Height The San Anselmo Municipal Code requires a variance to allow for deviations from development standards set forth in the Development Standards Table, referred to as Table 4A, of the San Anselmo Municipal Code. Public Notice A notice was posted at the site and sent to all residents and property owners with 300 feet of the project. The applicant has included several signatures from neighboring properties showing support for the project (see Attachment 3). III. REQUIRED FINDINGS Staff recommends approval of the project subject to the following findings: 1 and accessed December 2, 2015 Page 3 of 6

4 CEQA Categorically Exempt: Section 15303(a) New Construction or the Conversion of Small Structures; one single-family residence or a second dwelling unit in a residential zone. No exception set forth in Section of the CEQA Guidelines applies to the project including, but not limited to, Subsection (a), which relates to impacts on environmental resources (no sensitive species, creek, heritage trees, hillside area at the site); (b), which relates to cumulative impacts (replacement of existing single family residential use, construction impacts not significant when considered cumulatively with other single family residential development); Subsection (c), which relates to unusual circumstances (no unusual circumstances, house size and construction within the range of typical single family home development); or Subsection (f), which relates to historical resources (structure was built in the early 1900s but has been modified over the years with additions that have taken away from the integrity of the original structure. Due to the alterations, the original church would not qualify for State or Federal listing as a historic structure. The proposed alterations would restore old features of the church and improve the general appearance of the site. The property is associated with rock history, but the exterior modifications proposed will not detract from that association and the interior has already been altered.). VARIANCE In order to grant the Variance, the Planning Commission must make the following findings as pertinent to the project: Due to special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the controlling zoning ordinance or regulation deprives the property of privileges enjoyed by other property in the vicinity and under an identical zoning classification, and the granting of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated The variance is for the height of the steeple, which is 17 higher than the maximum height by code (47 ). The rest of the roof be compliant with the code, with the current roof unchanged (current roof peak is at 28 ). Granting the requested variances will not constitute a granting of special privileges because of the unique circumstance of this property. This property has a historical use that is unique to this situation. Although the steeple is being added to the current design, there has been a steeple on the property before (which is not true for a vast majority of the other properties in Town, if any). By allowing this property to restore the steeple, no precedence is being set. The granting of the variance, under the circumstances of the particular case, will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood Page 4 of 6

5 The granting of the height variance will not materially affect adversely the health or safety of persons residing or working in the neighborhood or be detrimental to the public welfare, property or neighborhood improvements. All construction activities will be reviewed and monitored by Town of San Anselmo staff for compliance with all applicable codes. In addition, neighborhood support shows that granting this variance will not adversely impact neighboring properties. In fact, the total remodel of this property will positively impact the neighborhood, as this property has suffered from lack of maintenance in the past. IV. CONDITIONS OF APPROVAL Staff recommends that the Commission approve the variance with the following conditions, which shall be printed on the first page of the plans submitted for a building permit: 1. Planning Commission approval is based on the plans and materials titled Historical Reconstruction and Remodel of Single Family Residence, 1405 San Anselmo Avenue, by Castor Architecture, dated November 9, 2015 and date stamped and received by the San Anselmo Planning Department on November 10, 2015, except as modified by Planning Commission conditions of approval. 2. A building permit must be obtained prior to the start of any construction work that requires a permit per the Town of San Anselmo regulations. Please contact the San Anselmo Building Department at or townofsananselmo.org/building for requirements and further information. 3. The proposed project will replace and/or add less than 500 square feet of impervious surfaces on the property for the proposed addition to the home. Therefore, Public Works recommends measures to reduce stormwater runoff from the property including minimizing the use of impervious surfaces, maintaining setbacks from creeks and/or drainage channels, and dispersing stormwater to landscape areas, bioretention areas or other facilities prior to discharging to neighboring properties, into a creek, the street gutter, or into the Town s storm drain system. 4. Public Works will require repair of the cracked and outward leaning retaining wall along the back of sidewalk on San Anselmo Avenue. A separate encroachment permit will be required at the time of the building permit for any work in the public right of way. 5. Unless otherwise provided for in the Town Municipal Code, if an activity or development which has received discretionary approval has not begun within one (1) year from the date of the final action, the permit shall become null and void. The date of final action shall be either ten (10) calendar days following the date of action by the Planning Commission or the Town Council, whichever is last. The discretionary action previously approved by the Planning Commission, or Town Council for which the improvement permitted by the discretionary action has not been used or accomplished may be renewed by the Planning Director for a maximum period of one year provided that prior to the expiration of the discretionary action, the applicant submits a written statement to the Planning Director showing good cause, which shall be reviewed in accordance Page 5 of 6

6 with the provisions set forth for discretionary actions as set forth in Article 7 of Title 10 of the San Anselmo Municipal Code. 6. The applicants and/or owners shall defend, indemnify, and hold the Town harmless along with the Town Council and Town boards, commissions, agents, officers, employees, and consultants from any claim, action, or proceeding ( action ) against the Town, its boards, commissions, agents, officers, employees, and consultants attacking or seeking to set aside, declare void, or annul the approval(s) of the project or alleging any other liability or damages based upon, caused by, or related to the approval of the project. The Town shall promptly notify the applicants and/or owners of any action. The Town, in its sole discretion, may tender the defense of the action to the applicants and/or owners or the Town may defend the action with attorneys of the Town's choice, with all attorneys fees and litigation costs incurred by the Town in either case paid for by the applicant and/or owners. Prepared By: Sarah Price Permit and Planning Technician Attachments: 1. Application, supplemental questionnaires and project narrative. 2. Plans 3. Neighbor Support Signatures Page 6 of 6