TOWN OF SAN ANSELMO PLANNING COMMISSION STAFF REPORT For the meeting of January 11, 2016 Agenda Item 6C Owner/Applicant: Daniel and Jacqueline Olson Project Address: 321 Greenfield Avenue Assessor s Parcel No.: 006-211-08 Zoning: R-1, Single Family Residential General Plan: Single Family Residential FIRM Flood Zone: Zone X (Minimal Flood Hazard Area) Request After-the-fact request for a variance to permit a garage within three feet of the west side property line (approved by the Planning Commission with a setback variance in 1986) to be converted to living space for a second unit. A variance is necessary since the zoning code requires applicants to provide one parking space that meets required setbacks when one covered parking space is converted to living space. The applicants do not propose any new conforming parking spaces. A second unit can be created within a setback with approval of a use permit. No additional parking is required for the second unit, since it is within one mile of a transit stop. Lot size 6,750 sq. ft. Existing Adjusted Floor Area 1,012 sq. ft. 15% Proposed Adjusted Floor Area 1,331 sq. ft. 19.7% (40% permitted) Existing/Proposed Lot Coverage no change (35% permitted) 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 65950 et. seq.) the Planning Commission must approve or disapprove the project by February 6, 2016 (within 60 days of the project being deemed complete and exempt from CEQA). Page 1 of 6
Public Notice and Comments A notice was mailed to all residents and property owners within 300 feet of the project and posted in three places. The neighbor closest to the second unit objects to the request, see email attached. Existing (before work without permit) and Proposed Conditions Existing Proposed Code Zoning R-1 Same General Plan Single Family Same Flood Zone X (not a flood zone) Same Lot Size (sq. ft.) 6,750 (existing nonconforming) Same 7,500 Lot Coverage (%) Not available (less No change 35% than 35%) Adjusted Floor Area 40% Ratio (%) Adjusted Floor Area *First 400 sq. ft. of garage not counted Residence Garage Total 1,012 319 1,012 Residence 2 nd Unit Total 1,012 319 1,331 Total 3,000 Setbacks (garage/second unit) Front: 60+ feet Rear: 25+ feet East side: 30+ feet West side: 3 feet Front: 60+ feet Rear: 25+ feet East side: 30+ feet West side: 3 feet Front: 20 feet Rear: 20 feet East side: 8 feet West side: 8 feet On-Site Parking 3 uncovered (tandem) 1 covered (garage) 3 uncovered (tandem) 2 spaces II. STAFF ANALYSIS Background In 1986, the Planning Commission approved a setback variance to allow construction of a onecar garage within the side yard setback area of the site. The structure was approved in the setback to facilitate access of vehicles to the garage. The Town conducted resale inspections in 1986, 1988 and 1990 and there was no second unit at the site. In 2011, a resale inspection revealed the garage was converted into a second unit without permits from the Town. The owners have applied to legalize this unit. Discussion The Town can issue a building permit to convert a garage space to living space if, There is available on the same lot the same number of parking spaces converted. Each 8 by 17 garage Page 2 of 6
space converted to living space must be replaced with one legal parking space. The legal space must meet required setbacks. (San Anselmo Municipal Code Section 10-3.504(b) (1)) Staff believes the intent of the ordinance is to minimize the number of vehicles in view on a site and to provide adequate buffers between the street and neighbors for vehicles parking. For this site, a replacement garage space would have to meet a front yard setback of 20 feet and a side yard setback of 8 feet. Since the house is near the front and side setback lines, it is not possible to convert the garage and add code compliant parking to the site. It is interesting to note that, if the garage was demolished and not converted to living space, no new parking would be required for the addition of a second unit. The existing parking would be considered adequate under the code. A second unit permit is required for the second unit. Second unit permits are ministerial if the unit complies with all development regulations. No parking is necessary for the second unit since it is within 1 mile of a transit stop (Ordinance 1087, Adopted in 2013) 1 Residential second units may be within a separate building and are subject to setback requirements. (SAMC Section 10-6.202) Here, the unit is proposed within a structure that does not comply with the required 8 foot side yard setback. The Town may permit a second unit within a setback by approving a conditional use permit for the unit. A variance is not required (SAMC Sec. 10-6.206). In order to approve a use permit, the Planning Commission must find that: The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the Town. (SAMC 10-3.1305 (a)) III. DISCUSSION OF REQUIRED FINDINGS FOR APPROVAL CEQA Determination The project is categorically exempt from review under the California Environmental Quality Act since it falls under the types of projects which the California Secretary of the Resources Agency has determined do not usually have a significant effect on the environment: one second dwelling unit in a residential zone (CEQA Guideline Section 15303(a)). No exception set forth in Section 15300.2 of the CEQA Guidelines applies to the project including, but not limited to, Subsection (a), which relates to impacts on environmental resources (existing structure, no work proposed); (b), which relates to cumulative impacts (one new structure, only one other unit under consideration in this neighborhood at this time); Subsection (c), which relates to unusual 1 Most of the Town of San Anselmo is within 1 mile of a transit stop. Only properties at the top of the Bald Hill neighborhood are over 1 mile from a transit stop. Page 3 of 6
circumstances (not a hillside, no creek, no protected trees, existing structure); or Subsection (f), which relates to historical resources (building constructed in 1986 and not associated with historical events or persons, not architecturally significant, area not known for archaeological resources). Variance and Use Permit Findings 1. The 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; and The variance will allow conversion of a garage located within a side yard setback into a second unit without providing one additional code compliant parking space. The existing tandem driveway parking, which provides at least three parking spaces, is similar to parking on adjacent sites and will not grant a special privilege to the applicant. 2. 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. There are three onsite parking spaces available, which is adequate for a single-family residence and small second unit near a transit stop. Granting the variance will not adversely affect parking in the neighborhood. The neighborhood is in an area with adequate onsite parking and wide street widths. 3. The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the Town. The use permit to permit a new second unit in the existing garage structure, which is within the side yard setback, will not be detrimental or injurious. The garage has a three foot setback from the adjacent property. One entrance to the unit is within the side yard setback but an approximately 8 foot tall fence sits between the sites, which blocks views towards the adjacent property. The unit is small and would have a limited number of occupants, limiting the number of residents that may use the side yard setback to access the unit. The approval of the small second unit furthers the programs of the General Plan housing element and will provide a unit suitable for lower income residents. Page 4 of 6
IV. CONDITIONS OF APPROVAL Staff recommends that the Commission approve the project subject to the following conditions: 1. The second unit is approved in the detached accessory structure previously used as a garage. 2. The applicants shall maintain side yard fencing adjacent to the unit adequate to screen the unit from views towards the adjacent neighbor. 3. The applicants shall obtain a building permit and complete all required improvements and obtain a project final within nine months. 4. A building permit is required. Building permit plans shall comply will all standards as if the unit was to be constructed at the time of the building permit application. 5. The second unit shall be known as 321A Greenfield Avenue. 6. A new water meter may be required. The applicant shall comply with all requirements of the Marin Municipal Water District (MMWD) for water service prior to project final including compliance with all indoor and outdoor requirements of MMWD District Code Title 13 Water Conservation. lndoor plumbing fixtures must meet specific efficiency requirements. Landscape plans shall be submitted, and reviewed to confirm compliance or exemption. The Code requires a landscape plan, an irrigation plan, and a grading plan. Water Conservation Department (415) 945-1497. Should backflow protection be required, said protection shall be installed as a condition of water service. Backflow Prevention Program Coordinator (415) 945-1558. A letter or email confirming compliance with MMWD s water conservation and backflow prevention requirements shall be submitted to the building department prior to project final. 7. A new PG&E meter may be required. A letter or email confirming compliance with PG&E s requirements shall be submitted to the building department prior to project final. 8. Applicants shall comply with the requirements of the Ross Valley Sanitary District prior to project final. A connection permit will be required from the District. It is the property owner s responsibility to obtain a sewer connection permit and meet all District requirements pertaining to the private side sewer/lateral prior to project final. Ross Valley Sanitary District (415) 259-2949. 9. The project shall comply with the requirements of the Ross Valley Fire Department memo dated 12/7/15. 10. 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. Page 5 of 6
11. The Planning Commission may hold a public hearing to revoke the use permit if the conditions of approval have not been met. Prepared By: Elise Semonian Planning Director Attachments: 1. Application, photographs and plans submitted by Applicants 2. Correspondence 3. Ross Valley Fire Department Memo Page 6 of 6