Title
PLN16-0454 - 3284 Central Avenue - Applicant: Joanna Bianchi for Michelle Labrador. A public hearing to consider a use permit to allow an approximately 520 square-foot second unit pursuant to Alameda Municipal Code (AMC) 30-4.1(b)(9). The public hearing will also consider design review for the replacement and addition of windows and doors located on the sides and rear elevations of the home. The property is located within the R-2 (Two Family Residential) zoning district. The property is listed on the Historical Building Study List with an “S” designation. This project is categorically exempt from the California Environmental Quality Act (CEQA).
Body
PROJECT
DESCRIPTION: PLN16-0454 - 3284 Central Avenue - Applicant: Joanna Bianchi for Michelle Labrador. A public hearing to consider a use permit to allow an approximately 520 square-foot second unit pursuant to Alameda Municipal Code (AMC) 30-4.1(b)(9). The public hearing will also consider design review for the replacement and addition of windows and doors located on the sides and rear elevations of the home. The property is located within the R-2 (Two Family Residential) zoning district. The property is listed on the Historical Building Study List with an “S” designation. This project is categorically exempt from the California Environmental Quality Act (CEQA).
GENERAL PLAN: Medium Density Residential
ZONING: R-2, Two-Family Residence
PROJECT PLANNER: Henry Dong, 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: Exhibit 1 - Project Plans
RECOMMENDATION: Approve the project with conditions.
BACKGROUND:
On August 25, 2016, the applicant filed an application for Design Review and Use Permit approval to convert a ground floor storage room within an existing Victorian style residence into a second dwelling unit. The subject property is located within the R-2 Two Family Residence Zoning District which allows full size residential duplexes that meet the zoning requirements. The applicant is proposing a second unit that is less than 600 square feet and therefore is applying under the City’s second unit ordinance. Pursuant to Alameda Municipal Code (AMC) 30-4.1(b)(9) Use Permit approval is required because the second unit is located on an approximately 6,275 square foot property and will provide one additional tandem parking space for the proposed second unit. The approximately 520 square foot second unit will contain one bedroom, one kitchen and one bathroom. In 2004, an approximately 545 square foot one-story rear addition containing the storage room and second story deck expansion was approved by Minor Design Review No. MDR04-0262. Building permits were issued for the project in 2004 and construction commenced, however, the finished work was never finaled. The project will not only provide an additional housing unit within the City, but the proposed modifications will bring the addition into compliance with current building code requirements.
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 are architecturally, aesthetically, and operationally harmonious with the community and surrounding development.
The proposed dwelling unit is located at the rear of the ground floor of a Victorian style single-family residence. An approximately 545 square foot storage room addition was approved by MDR04-0262 in 2004. The approximately 520 square foot second unit is proposed within the existing storage room addition and will not substantially change the architectural appearance of the existing single family home. The proposal will be limited to one bedroom and one kitchen pursuant to AMC 30-4.1(b)(9) and will be required to provide one off-street parking space. Due to the limited size of the second unit and the off-street parking requirement, the proposal will have a negligible impact to parking and traffic in the surrounding neighborhood. Therefore the second unit proposal is architecturally, aesthetically, and operationally 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 site contains an existing single-family residence and is located within a neighborhood that is fully developed with service facilities and utilities provided. The property has no barriers to vehicle and bicycle access from the property to the surrounding public streets. The project also meets the City’s parking requirements by providing one off-street vehicle parking space for the project. The conversion of an existing storage room into an approximately 520 square foot one bedroom unit will not generate a significant amount of additional traffic or service requirements.
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 deleterious effects on existing business districts or the local economy.
The proposed unit will not have deleterious effects on existing business districts, or the local economy, nor will it adversely affect other property in the vicinity, as the proposed use is a residential use in a residential neighborhood and will meet City requirements by providing one additional off-street parking space. Furthermore, the proposed unit will be required to file a deed restriction binding any successor in ownership from selling the unit as an individual unit. This deed restriction must be recorded with the County of Alameda Recorder’s Office prior to issuance of any building permits.
4. The proposed use relates favorably to the General Plan.
The proposed unit relates favorably to the General Plan and the Zoning Ordinance which allow second units within residential zones that meets the requirements of the Zoning Ordinance. Approval of this use permit application would bring the proposed second unit into conformance with the Zoning Ordinance. General Plan policy 2.4.e encourages the City to “expand housing opportunities for households of all income groups.” The proposed one bedroom second unit would provide in-law unit for extended family.
DESIGN REVIEW FINDINGS:
1. 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.
2. 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. This project involves the conversion of a ground floor storage room within an existing single family home, which does not result in an increase in the footprint or height of the home, and therefore maintains the existing character of the building. Furthermore, the proposed second unit is limited to one bedroom pursuant to AMC 30-4.1(b)(9) and will provide one additional off-street parking space, therefore, the proposal will have a negligible increase in traffic or parking in the surrounding neighborhood.
3. 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 proposed modifications are designed to match the existing building and it will utilize the same materials and windows of the building which are also compatible with the design elements found on residential building in the neighborhood.
4. The project complies with the Secretary of the Interior's Standards for the Treatment of Historic Properties in that all rehabilitation and exterior modifications are consistent and compatible with the historic building's architectural style.
CONDITIONS:
1. Compliance with Conditions. The applicant/property owner shall ensure compliance with all of the following conditions. Failure to comply with any conditions may result in modification or revocation of the Use Permit and Design Review approval.
2. Compliance with City Ordinances. The approved use is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies.
3. Compliance with Plans. Any modification on this site shall be in substantial compliance with the plans submitted by Joanna Bianchi, Architect, on September 7, 2016, and on file in the City of Alameda Community Development Department, except as modified by the conditions listed in this report.
4. 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
5. Deed Restriction: Prior to submitting for building plans, the applicant shall record a deed restriction, on a form provided by the City, with the County of Alameda that prohibits the independent sale of the second unit.
6. Building Permits: Building Permit plans shall incorporate this approval notice, including the conditions of approval.
7. Exterior Lighting and Fencing. No new exterior lighting or changes to the exterior fencing shall be allowed without review and approval of the Community Development Department.
8. Revocation. This Use Permit and Design Review 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.
9. Vesting. The Use Permit and Design Review approval shall expire two (2) years after the date of approval or by October 11, 2018 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.
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 is Categorically Exempt from environmental review, pursuant to the CEQA Guidelines Section 15301.
The project is Categorically Exempt from State CEQA Guidelines, Section 15301 - Existing Facilities in that the project involves only minor alteration on a property that has an existing structure.
Design Review and Use Permit
The Zoning Administrator approves the Design Review and 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: October 11, 2016
Andrew Thomas, Zoning Administrator