Planning & Community Development Department Appeal of Board of Zoning Appeals’ Approval of Hillside Development Permit # Glen Holly Drive City Council Meeting April 11, 2016

Planning & Community Development Department Appeal Scope of Appeal  Pursuant to Section of the City’s 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. There are two issues before the Council tonight:  CEQA Determination (Exemption); and  Hillside Development Permit (Land Use Entitlement) 2

Planning & Community Development Department Appeal When reviewing an appeal, the City Council may:  Consider any issues associated with the decision being appealed, in addition to the specific grounds for the appeal;  Reverse, modify, or affirm, in whole or in part, the determination, decision, or action that is the subject of the appeal; and  Adopt addition conditions of approval that were not considered or imposed by the original applicable review authority, deemed reasonable and necessary. 3

Planning & Community Development Department Appeal Before the City Council is appeal of a decision made by the Board of Zoning Appeals.  Board of Zoning Appeals approved the requested Hillside Development Permit on February 17,  Appeal period was from February 18, 2016 to February 29, 2016 (10 th day fell on weekend). Effective date of March 1,  An appeal was filed by the property owners of 1460 Cheviotdale Drive on Thursday, February 25,  On February 29, 2016, Councilmember Madison called for review the Board of Zoning Appeals decision, therefore the appeal period stayed.  At the March 7, 2016 City Council meeting, the item was discussed and the Call for Review was withdrawn. The appeal period then continued to run until March 8,  The appeal was augmented on March 8, 2016 to include the CEQA determination. 4

Planning & Community Development Department California Environmental Quality Act California Environmental Quality Act (CEQA) applies to all "projects”, as defined by CEQA as an activity which must receive some discretionary approval from a government agency which may cause either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment. CEQA Guidelines include a list of classes of projects which have been determined not to have a significant effect on the environment and therefore are exempt from the provisions of CEQA. 5

Planning & Community Development Department CEQA Determination Existing Facilities Exemption (Section 15301, Class 1)  Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The key consideration is whether the project involves negligible or no expansion of an existing use.  The requested Hillside Development Permit has been determined to be exempt from environmental review pursuant to the guidelines of CEQA under §15301 (Class 1, Existing Facilities) since the proposed 577 square foot addition would constitute a negligible expansion of the existing single-family residential use. The use of the property would remain as a single-family residence. 6

Planning & Community Development Department Requested Entitlement Hillside Development Permit:  To allow the construction of a 577 square-foot two-story addition to an existing 1,547 square-foot, single-story, single-family residence with a 329 square-foot detached garage in the RS-6-HD-SR zoning district.  Approval of a Hillside Development Permit is required for the construction of second story additions exceeding 500 square feet in the Hillside Development Overlay District.  The proposed project meets all applicable development standards required by the Zoning Code, including the allowable height, maximum floor area, minimum setbacks, as well as the Neighborhood Compatibility guidelines of the Hillside Ordinance. No variances are required for the project. 7

Planning & Community Development Department Required Findings Hillside Development Permit: 1.The proposed use is allowed with a Hillside Development Permit within the applicable zoning district and complies with all applicable provisions of this Zoning Code; 2.The location of the proposed use complies with the special purposes of this Zoning Code and the purposes of the applicable zoning district; 3.The proposed use is in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan; 4.The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use; 8

Planning & Community Development Department Required Findings (cont.) Hillside Development Permit: 5.The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City; and 6.The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity in terms of aesthetic values, character, scale, and view protection. 7.The design, location, and size of proposed structures and/or additions or alterations to existing structures will be compatible with existing and anticipated future development on adjacent lots, as described in Section D, and in terms of aesthetics, character, scale, and view protection; 8.The placement of proposed structures avoids the most steeply sloping portions of the site to the maximum extent feasible and minimizes alteration of hillside topography, drainage patterns, and vegetation. 9

Planning & Community Development Department View Protection Section E – View protection. A proposed structure shall be designed and located so that it avoids blocking views from surrounding properties to the maximum extent feasible, as determined by the review authority, and as follows. For purposes of this Chapter, “surrounding” properties refers to all abutting properties as well as properties directly across a street from the subject property.  New structures and tall landscaping shall not be placed directly in the view of the primary viewing areas on a neighboring parcel. For purposes of this Chapter, “primary” living area refers to living rooms, family room, patios, but not a kitchen, bedroom, or bathroom. 10

Planning & Community Development Department View Protection Figure 2-6 — Siting New Building to Preserve Views Figure 2-7 – Example of Preferred Location of Second Floor to Preserve Views 11

Planning & Community Development Department Surrounding Area Cheviotdale Drive (appellant) 518 Glen Holly Drive (applicants)

Planning & Community Development Department Adjacent Property 13

Planning & Community Development Department Original Proposal - Site Plan 14

Planning & Community Development Department Modifications to the Project In order to address staff’s concerns regarding the original project, and in an attempt to address the neighbors’ concerns, the following changes were made to the project:  The length of the addition was reduced by 7’-0”, reducing its encroachment into the protected view from the patio area of 1460 Cheviotdale Drive;  The rear balcony was eliminated, and a front balcony was added;  To protect privacy, the windows along the north and east elevation were modified to be raised above eye level or reduced in size. 15

Planning & Community Development Department Revised Project - Site Plan 16

Planning & Community Development Department Hearing Officer November 4, 2015: Project Continued December 2, 2015: Hearing held Staff’s Recommendation to the Hearing Officer was for approval of the application At the conclusion of public testimony, the Hearing Officer approved the entitlement application December 2 to December 14, 2015: Appeal Period December 14, 2015: Appeal filed was filed by the property owners of 1460 Cheviotdale Drive citing a disagreement with the decision of the Hearing Officer 17

Planning & Community Development Department Board of Zoning Appeals Board of Zoning Appeals Hearing was held on February 17, 2016: After taking public testimonies, at the conclusion of the hearing:  A motion was made to uphold the Hearing Officer’s decision and approve the Hillside Development Permit, and  To adopt the environmental determination that the proposed project is exempt from environmental review.  The motion resulted in a 3-2 vote by the five members present.  As a result, action was taken to approve the Hillside Development Permit. 18

Planning & Community Development Department Scope of the Appeal After taking public testimonies, at the conclusion of the hearing:  CEQA Determination;  View obstruction;  Loss of sunlight; and  Loss in Property Value. 19

Planning & Community Development Department Response to the Appeal The redesigned project is not located directly in the view of the patio area of 1460 Cheviotdale Drive. The roofline directly in front of the patio area will remain unchanged. Project is exempted from CEQA since the use of the property will remain a single-family residence. The project complies with all development standards such as setbacks, height, and encroachment plane, which provides for sufficient separation between structures. 20

Planning & Community Development Department Conclusion Staff concludes that:  The proposed project meets all applicable development standards required by the Zoning Code, including the Neighborhood Compatibility guidelines of the Hillside Ordinance. No variances are required for the project.  The addition has been designed to minimize its aesthetics, views, and privacy impacts on the adjacent properties.  The proposed second-story addition has been designed to be integrated and compatible with the architecture of the existing residence. 21

Planning & Community Development Department Recommendation Staff’s Recommendation to the City Council is to uphold the Board of Zoning Appeals’ decision and: for approval of the application:  Adopt the Environmental Determination, that the proposed project is 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, Class 1 §15301, Existing Facilities); and  Approve Hillside Development Permit #

Planning & Community Development Department Appeal of Board of Zoning Appeals’ Approval of Hillside Development Permit # Glen Holly Drive City Council Meeting March 7, 2016

Planning & Community Development Department Findings 1.The proposed use is allowed with a Hillside Development Permit within the applicable zoning district and complies with all applicable provisions of this Zoning Code. A single-family residential use is allowed in the RS-6-HD-SR (Residential Single-Family, Hillside Overlay District, San Rafael Area) Zoning District. In addition, the proposed addition will be in compliance with all applicable development standards, including maximum allowable floor area, lot coverage, setbacks, building height, and off-street parking requirements of the RS-6-HD-SR Zoning District. 2.The location of the proposed use complies with the special purposes of this Zoning Code and the purposes of the applicable zoning district. The subject property is zoned RS-6-HD-SR, which is designated primarily for single-family residential purposes. The properties in the neighborhood are currently developed with single-family residences, and the project, as conditioned, will be consistent with existing development in the vicinity. As analyzed, the project will meet all applicable development standards of the Zoning Code and no variances are required in conjunction with the proposal. 3.The proposed use is in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan. The subject site is designated as Low Density Residential in the General Plan Land Use Element. The use of the site will remain a single-family residence; therefore, the character of the single-family neighborhood will be maintained. General Plan Land Use Policy 21.9 (Hillside Housing) requires additions to maintain appropriate scale, massing and access to residential structures located in hillside areas. The proposed addition complies with all the development standards set forth in the City’s Zoning Code, the habitable area of the proposed residence is compatible with the habitable area of the residences in the immediate neighborhood, and the project has been designed to match the architectural style of the existing residence. Additionally, the addition’s scale and massing is in keeping with the scale and setting of the surrounding residences. Therefore staff finds that the project would be consistent with General Plan objectives and policies. 24

Planning & Community Development Department Findings (cont.) 4.The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The second-story addition has been designed to avoid blocking the views to the maximum extend feasible as it has not been placed directly in the view from the patio at 1460 Cheviotdale Drive. The fenestration on the proposed addition has been designed to avoid impacting the privacy of the adjacent residences. Additionally, the proposed project meets all adopted Code requirements and will be subject to all current Code provisions. As proposed, the height of the new building will be below the maximum allowable height, and the floor area will be within the maximum floor area permitted for the site. The project meets all Code requirements and no variances are required. Therefore, the proposed project will not be detrimental to the public health, safety, or welfare of persons or properties within the surrounding neighborhood. The addition will also be compatible with the character and scale of the existing development on the adjacent properties. Thus, the project is consistent with development in the neighborhood. 5.The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. The proposed addition will be constructed in compliance with the current Building and Zoning Code. Furthermore, the City’s plan check process will ensure that the proposed project will meet all of the applicable building and safety and fire requirements. The project must also comply with the conditions of approval required by the Department of Public Works. A Soils Engineering Report has been submitted which reported that the site is considered feasible for construction of the proposed additions. 25

Planning & Community Development Department Findings (cont.) 6.The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity in terms of aesthetic values, character, scale, and view protection. The project complies with all the development standards of the Zoning Code. The project is not located on the top of any prominent ridgelines, and has been designed to avoid blocking the views to the maximum extend feasible as it has not been placed directly in the view from the patio at 1460 Cheviotdale Drive. The proposed project complies with the maximum allowable floor area requirements and is within the Neighborhood Compatibility guidelines; and will be compatible with the architectural character of the existing residence, as the addition will maintain the same Spanish architectural style as the existing residence. The addition will also be compatible with the character and scale of the existing development on the adjacent properties. Thus, the project is consistent with development in the neighborhood. 7.The design, location, and size of the proposed structures and/or additions or alterations to existing structures will be compatible with existing and anticipated future development on adjacent lots as described in Section D of this ordinance and in terms of aesthetics, character, scale, and view protection. The Neighborhood Compatibility guidelines are established to ensure that a project is compatible with the character and scale of existing development in the vicinity. The size of the proposed project (not including the proposed garage) is 2,124 square feet, and within the Neighborhood Compatibility threshold of 2,190 square feet. Furthermore, the addition has been designed to avoid blocking the views to the maximum extend feasible as it has not been placed directly in the view from the patio at 1460 Cheviotdale Drive. Thus, the project is in scale with the context and character of existing and future development in the neighborhood. 26

Planning & Community Development Department Findings (cont.) 8.The placement of the proposed additions avoids the most steeply sloping portions of the site to the maximum extent feasible and minimizes alteration of hillside topography, drainage patterns, and vegetation. The subject property has an average slope of 17.2 percent as it slopes upwards from Glen Holly Drive to a previously graded portion of the lot, which gradually slopes upwards from south to north, and the driveway slopes from Glen Holly Drive to the rear of the lot. The existing residence is located on the flat portion of the lot, and the proposed addition will be constructed entirely above the footprint of the existing residence, therefore avoid any sloping portion of the site. No grading is proposed as part of the project, and drainage plans for building permits will be based upon the hydrology study and recommended on-site improvements. The project shall meet all applicable Standard Urban Stormwater Mitigation Plan requirements of the Building Division. 27