Planning & Community Development Department Board of Zoning Appeals: Hillside Development Permit # Hillcrest Place City Council March 14, 2016

Planning & Community Development Department Appeal Scope of Appeal  Pursuant to Section of the Zoning Code, any CEQA document or decision that is certified or approved, may be appealed to the Council.  The appeal shall include both the CEQA document certification or approval and the accompanying land use permit. Effect of Appeal vacates the previous decision. Appeal hearing is a de novo hearing  City Council has authority to make an entirely different decision. Therefore, there are two issues before the Council tonight:  CEQA exemption; and  HDP (land use permit). 2

Planning & Community Development Department CEQA (California Environmental Quality Act) Categorical Exemptions  Section of the Public Recourses Code requires these guidelines to include a list of projects which have been determined not to have a significant effect on the environment and which shall, therefore be exempt from the provisions of CEQA.  There are a list of exceptions identified in Section of CEQA for Categorical Exemptions. These exceptions include: Location, Cumulative Impact, Significant Effect due to Unusual Circumstances, Scenic Highways, Hazardous Waste Sites, Historic Resources.  None of the exceptions apply to the proposed project. 3

Planning & Community Development Department CEQA (California Environmental Quality Act) This project has been determined to be exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act (Public Resources Code §21080(b)(9); Administrative Code, Title 14, Chapter 3, §15303, Class 3, New Construction or Conversion of Small Structures). This class exemption exempts from environmental review the construction of limited numbers of new, small facilities or structures. Section 15303(a) specifically exempts the construction of one single-family residence in a residential zone. The proposed project involves the construction of one single-family residence in the RS-2-HD zone, a residential zone. The use of the site will remain as a single-family residence.  This section includes the construction of one single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences maybe constructed or converted under this exemption. 4

Planning & Community Development Department Hillside Development Permit (HDP) Section – Requires a HDP for the following:  New dwelling unit  Additions that increase the gross floor area by 500 square feet or 20% of the existing floor area, whichever is greater.  Accessory Structures that constitute no more than 20 percent of the gross floor area of the existing primary structure. In this case, only the proposed single-family residence and accessory structure require a HDP.  Outdoor sports court is not subject to a HDP. 5

Planning & Community Development Department Hillside Development Permit (HDP) Section – Requires a HDP application to include:  Site Topography  Applicant submitted a topography and slope analysis/plan.  Preliminary Geotechnical Report  Applicant submitted Preliminary Report prepared by Grover Hollingsworth and Associates.  Visual Analysis  Applicant submitted colored elevations. 6

Planning & Community Development Department Hillside Development Permit (HDP) Section – Identifies optional items for a HDP application:  Hydrology Report  Zoning Administrator waived this report requirement since only minor alterations to the existing topography are proposed and the slope of the site does not exceed 15 percent. (Average slope of subject site is 1.7%.)  Constraints Analysis  Zoning Administrator determined this site to have no sensitive environmental resources as the site is currently developed with an existing residence. The requirement for a constraints analysis was waived. 7

Planning & Community Development Department Zoning Code Analysis Project Complies with all Zoning Code and General Plan requirements. 8 Development StandardZoning Code RequirementProposed Project (BZA Approval) Gross Floor Area7,661 sf (max)7,660 sf Lot Coverage12,564 sf (max)9,438 sf SetbacksFront - 25' Side - 10'Side - 10' (west), 23'-1" (east) Rear - 25'Rear - 100' Height Limit28' (Max)17'-9" Neighborhood Compatibility (35% above median) 5,606 sf5,605 sf ParkingTwo parking spaces (covered), two guest parking spaces (uncovered) Three parking spaces (covered), one parking space (uncovered)

Planning & Community Development Department Public Hearings On December 17, 2014 the Hearing Officer adopted a Categorical Exemption, and approved HDP# The Board of Zoning Appeals considered the appeal of the Hearing Officer’s decision to approve HDP #6196. The Board of Zoning Appeals with a unanimous 4-0 vote adopted a Categorical Exemption, and approved HDP #6196: 9 DemolitionExisting one-story 5,844 square foot single-family residence Proposed Single-Family ResidenceOne-story, 5,605 square foot single-family residence Basement (not included in gross floor area)2,238 square feet Garage750 square-foot, attached garage Accessory Structure1,305 square foot, enclosed, detached accessory structure Total Proposed Floor Area7,660 square feet

Planning & Community Development Department Appeal December 23, 2015 – Ryan Lapidus, Esq., representing Sheffield Investments appealed Hillside Development Permit #6196 to the City Council. Project appealed for the following:  Environmental Determination (including Hydrology, Tree Protection, Constraints Analysis)  Consideration of a Hillcrest Place Landmark District (Historic Preservation)  Noise; and  Conformance with Zoning Code 10

Planning & Community Development Department Site Characteristics Zoning District -RS-2, HD Existing 5,844 sf, one-story single-family residence, 35,897 sf lot Average Slope = 1.7% 11

Planning & Community Development Department Historic Preservation A July 9, 2014 report, prepared by Teresa Grimes, Principal Architectural Historian, concluded that Hillcrest Place should not be designated as a Landmark District, nor the subject residence qualify as an individual historic resource.  920 Hillcrest Place does not represent an excellent example of postwar architectural styles.  Hillcrest Place does not contain a sufficient number of residences to create a visual sense of a historic environment or a distinguishable entity.  930 and 945 Hillcrest Place should be re-evaluated as individual resources. Both residences represent excellent examples of post ware architectural styles and both were designed by distinguished local architects Hillcrest Place930 Hillcrest Place 945 Hillcrest Place

Planning & Community Development Department Historic Preservation Design and Historic Preservation staff reviewed the plans and report and support the conclusion that Hillcrest Place should not be designated as a Landmark District, nor 920 Hillcrest Place qualify as an individual historic resource.  920 Hillcrest Place is not an architecturally distinctive example of the mid- century modern style designed by a significant architect. 13

Planning & Community Development Department Tree Protection A tree inventory, study, and protection plan were submitted by the applicant that are in compliance with Chapter 8.52 of the Municipal Code. No protected trees are proposed to be removed. Condition #9 requires applicant to abide by all Tree protection requirements. 14

Planning & Community Development Department Noise Chapter 9.36 of the Municipal Code – Noise Restriction Ordinance Section (Enforcement responsibility) Noise studies were submitted by both the applicant and the appellant. Staff has determined that there are no noise related issues relating to the project as the project is proposing uses anticipated within the RS zoning district. The project would be conditioned (Condition #17) to comply with the Noise Restriction Ordinance. 15

Planning & Community Development Department Revised Project Hillcrest Place Proposed Project - May, 2014 Revised Project - October, 2015 (As approved by BZA) Demolition Existing one-story 5,844 square foot single-family residence Proposed Single-Family Residence One-story, 5,375 square foot single- family One-story. 5,605 square foot single- family residence Basement (not included in gross floor area)2,035 square feet2,238 square feet Garage750 square-foot, attached garage Accessory Structure 244 square foot, open-air, detached, accessory structure 1,305 square foot, enclosed, detached, accessory structure

Planning & Community Development Department Revised Project BZA Approval Original Submittal 17

Planning & Community Development Department Elevation Plan (Proposed Project) 18

Planning & Community Development Department Public Notice The Hearing Officer, Board of Zoning Appeals, and City Council Public Hearings have been duly noticed in compliance with Section of the Zoning Code including but not limited to:  Mailed Public Notice  Site posting  Area Posting (on public streets) 19

Planning & Community Development Department Recommendation Adopt a determination that the proposed action is exempt from the California Environmental Quality Act (CEQA) under Section (New Construction or Conversion of Small Structures) of the State CEQA Guidelines; and Uphold the Board of Zoning Appeals decision to approve the Hillside Development Permit for the construction of a new single-family residence with the findings in Attachment A. 20

Planning & Community Development Department Board of Zoning Appeals: Hillside Development Permit # Hillcrest Place City Council March 14, 2016

Planning & Community Development Department Proposed Project (Accessory Structure) 22

Planning & Community Development Department Sports Court A MCUP for outdoor lighting for a sports court was included with the original HDP request. The outdoor lighting was removed, therefore the basketball court was not subject to a public hearing or a HDP. A basketball court is an allowed use in the RS zoning district. A Zoning Permit (ZON ) was approved for the basketball court on August 10,

Planning & Community Development Department Sports Court / Vicinity 24