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PLN18-0201 - 3257 Fillmore Street - Applicant: Lynn and Steven Jones. Public hearing to consider: a) Administrative Use Permit and Design Review to allow the construction of an detached Accessory Dwelling Unit (ADU) that exceeds the maximum rear yard coverage pursuant to AMC 30-5.18(f)4; b) Administrative Use Permit pursuant to AMC Section 30-2 to allow said ADU to be used for a home occupation between the hours of 9:00 a.m. to 5:00 p.m., Monday through Saturday for up to eight students per day; and c) Design Review for exterior modifications to the main house including changing the roof from a hipped roof to a gable roof and new exterior siding. This project is located within the R-1, One-Family Zoning District. This project is categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301 - Existing Facilities and Section 15303-New Construction or Conversion of Small Structures, including one single-family residence or a second dwelling unit
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-C
PROJECT
DESCRIPTION: PLN18-0201 - 3257 Fillmore Avenue - Applicant: Lynn and Steven Jones. Public hearing to consider: a) Administrative Use Permit and Design Review to allow the construction of an detached Accessory Dwelling Unit (ADU) that exceeds the maximum rear yard coverage pursuant to AMC 30-5.18(f)4; b) Administrative Use Permit pursuant to AMC Section 30-2 to allow said ADU to be used for a home occupation between the hours of 9:00 a.m. to 5:00 p.m., Monday through Saturday for up to eight students per day; and c) Design Review for exterior modifications to the main house including changing the roof from a hipped roof to a gable roof and new exterior siding. This project is located within the R-1, One-Family Zoning District.
GENERAL PLAN: Low Density Residential
ZONING: R-1, One-family Residential
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State CEQA Guidelines, Sections 15301 - Existing Facilities and Section 15303-New Construction or Conversion of Small Structures, including one single-family residence or a second dwelling unit.
PROJECT PLANNER: Linda Barrera, Planner II
PUBLIC NOTICE: A notice for this hearing was mailed to property owners and residents within 300 feet of the site, published in local newspapers and posted in public areas near the subject property. Staff has not received any public comments on this proposed project.
EXHIBITS: 1. Plans
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
On April 23, 2018, the applicants submitted an application for a Use Permit and Design Review for an Accessory Dwelling Unit (ADU) and exterior modifications to the existing single family dwelling. The proposed ADU of 490 square feet is located within the 20 foot required rear yard on the site. Pursuant to Alameda Municipal Code (AMC) 30-5.7(f)2, accessory buildings shall not cover more than 400 square feet of the minimum required rear yard, including an ADU. Given the proposed ADU exceeds the maximum allowed rear yard coverage by 90 square feet, a Use Permit and Design Review is required to construct the ADU pursuant to AMC 30-5.18(f)4. The proposed ADU will be used for an art studio home occupation between the hours of 9:00 a.m. to 5:00 p.m., Monday through Saturday for up to eight students per day. As such, a Use Permit is required pursuant to AMC Section 30-2 to allow the accessory structure to be used for a home occupation. Lastly, the project requires Design Review for exterior modifications to the main house which include changing the roof from a hipped roof to a gable roof, new exterior siding including board-and-batten on the gable, removing a chimney that is not a character defining feature of the home, and changing the orientation of the front door by switching the location of the window and door within the front porch. An existing garage of approximately 346 square feet will be removed in order to construct the proposed ADU. Two off-street, uncovered parking spaces will be maintain on the site within the existing driveway.
USE PERMIT FINDINGS:
1. The location of the proposed use is compatible with other land uses in the general neighborhood area, and the project design and size is architecturally, aesthetically, and operationally harmonious with the community and surrounding development. The proposed home occupation is to allow lessons in fine art and paper craft workshops for up to eight students per day within the accessory structure. The home occupation will be carried on by one of the property owners, who is the instructor. This is a low intensity home occupation because it produces no evidence of its existence beyond the premises, such as noise, smoke, odors, or vibrations. Therefore, it is compatible with the residential land uses in the neighborhood.
The proposed ADU will exceed the maximum allowable rear-yard coverage by 90 square feet. However, the overall ADU will still be compatible with adjacent residential properties because the ADU features a low-profile design with a maximum height of 12 feet at the peak of the roof. The walls of the ADU are 10-feet tall, in compliance with the development standards. Although the ADU will have a larger footprint than what the code allows, its low profile will be harmonious with the surrounding neighborhood.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities. The proposed home occupation may accommodate up to 8 students over the course of an eight-hour day. This use will not generate significant traffic that is inconsistent with a typical single family residential use with visitors. Moreover, the project site has a driveway that is over 65 feet long and can fit at least three standard size vehicles on the site, which can accommodate visitor vehicles The site is also located within on-half mile of AC Transit Line O and approximately three blocks away from AC Transit Line 21. Pursuant to AMC Section 30-5.18, no off-street parking is required for an ADU if it is within a one-half mile of a public transit stop.
3. The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity and will not have substantial deleterious effects on existing business districts or the local economy. Given the low intensity use of the home occupation and low profile building design of the ADU, the proposed use will not negatively impact properties in the vicinity. The home occupation is located within a residential neighborhood away from commercial districts. Therefore, it will not negatively impact existing business districts. The home occupation will support the local economy because it will be required to obtain an annual business license, generating revenue for the City of Alameda. Other than exceeding maximum rear-yard coverage, the concerns of which can be fully offset by its low profile design, the ADU complies with all development standards in the Alameda Municipal Code and will not adversely affect other property in the vicinity.
4. The proposed use relates favorably to the General Plan. The property is designated as Low-Density Residential on the General Plan Diagram. Guiding Policy 2.5.a. in the General Plan encourages providing space for business opportunities that increase Alameda’s business potential. This use permit enables a home occupation to occur in an accessory dwelling unit. This permit does not involve any changes to that would be out of character with the surrounding residential neighborhood. Therefore, the proposed use is consistent with the General Plan. Additionally, General Plan Guiding Policy 2.4.e encourages expanding housing opportunities for household of all income groups. The proposed ADU will add an additional unit to the City’s limited housing stock, and the ADU will offer a more affordable housing option for both the homeowner and potential renters due to its small size.
DESIGN REVIEW FINDINGS:
5. The proposed design is consistent with the General Plan, Zoning Ordinance, and the City of Alameda Design Review Manual, because the proposed new construction is compatible in design and use of materials with the existing building and surrounding neighborhood. The proposed exterior modification to the main house is compatible with the Ranch Style character of the neighborhood and complies with the Guidelines in the City’s Guide to Residential Design-Ranch Style Houses. Specifically, the recessed porch, low-pitched gable, and board-and batten siding of the main house are outlined in the Ranch House Guidelines. The ADU also follows the low profile design of the Ranch Style home.
6. The proposed design is appropriate for the site, is compatible with adjacent or neighboring buildings or surroundings, and promotes harmonious transitions in scale and character in areas between different designated land uses. The proposed roof change and siding replacement of the main house matches the existing Ranch Style character of the home and is compatible with the surrounding neighborhood. The proposed ADU is appropriate within the residential neighborhood and will not be readily visible from the street due to its location behind the main house.
7. The proposed design of the structure(s) and exterior materials and landscaping are visually compatible with the surrounding development, and design elements have been incorporated to ensure the compatibility of the structure with the character and uses of adjacent development. The new siding material of the main house and of the ADU will match one another and are in keeping with the character of the neighborhood which features an array of siding materials including horizontal siding, stucco, and brick.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the Use permit and Design Review application submittal dated April 23, 2018, by Ingrid Ballmann, on file in the City of Alameda Community Development Department, except as modified by the conditions listed in this report.
2. Changes to Approved Plans: This approval is limited to the scope of the project defined in the project description and does not represent a recognition and/or approval of any work completed without required City permits. Any changes to the approved scope of the project shall be submitted to the Community Development Department for review and approval.
3. Building Permit Plans: The plans submitted for building permit and construction shall be in substantial compliance with plans prepared by Ingrid Ballmann, received on April 23, 2018 and revised on May 23, 2018 and on file in the office of the City of Alameda Community Development Department, except as modified by the conditions listed in this letter. The project shall comply with all Building Code requirements.
4. Windows: The final plans submitted for Building Permit plans shall incorporate the approved window schedule.
5. Lighting: New exterior lighting fixtures shall be low intensity, directed downward and shielded to minimize offsite glare.
6. Vesting: The Use Permit and Design Review approval shall expire two (2) years after the date of approval or by June 4, 2020 unless authorized construction or use of the property has commenced. The applicant may apply for a time extension, not to exceed two (2) years. An extension request will be subject to approval by the Zoning Administrator and must be filed prior to the date of expiration.
7. Hours of Operation: The hours of operation for the approved home occupation shall be between 9:00 a.m. to 5:00 p.m., Monday through Saturday.
8. Student Capacity: There shall be no more than eight students on-site per day within the allowed hours of operation as stated in Condition of Approval #4.
9. Revocation: This Use Permit may be modified or revoked by the Zoning Administrator, pursuant to Alameda Municipal Code Section 30-21.3d should the Zoning Administrator determine that: 1) the use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity; 2) the property is operated or maintained so as to constitute a public nuisance; or 3) the use is operated in violation of the conditions of the Use Permit.
10. Indemnification. The Applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, the Alameda City Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney’s fees) against the City of Alameda, Alameda City Planning Board, and their respective agents, officers, or employees to attack, set aside, void or annul, an approval by the City of Alameda, the Community Development Department, Alameda City Planning Board, the City of or City Council related to this project. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall cooperate in such defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision plus extensions authorized by California Code of Civil Procedure Section 1094.6
Environmental Determination
The Zoning Administrator has determined that this project qualifies for a Class 1 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Sections 15301 - Existing Facilities and Section 15303-New Construction or Conversion of Small Structures, including one single-family residence or a second dwelling unit.
Use Permit
The Zoning Administrator hereby approves the Use Permit with conditions.
The decision of the Zoning Administrator shall be final unless appealed to the Planning Board, in writing and within ten (10) days of the decision.
Approved by: Date: June 4, 2018___