Title
PLN17-0336 - Administrative Variance & Design Review - 541 Pacific Avenue - Applicant: James Liang. Public hearing to consider an Administrative Variance to the perimeter landscaping requirements in Alameda Municipal Code Section 30-7.10 in order to allow the relocation of an existing driveway to the side yard of an existing residential property. The project also consists Design Review approval to allow the replacement of a garage door with a picture window on the front elevation of an existing single-family home. This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 Existing Facilities.
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CITY OF ALAMEDA
PLANNING, BUILDING, AND TRANSPORTATION DEPARTMENT
ADMINISTRATIVE VARIANCE AND DESIGN REVIEW
ITEM NO: 3-B
PROJECT
DESCRIPTION: PLN17-0336 - Administrative Variance & Design Review - 541 Pacific Avenue - Applicant: James Liang. Public hearing to consider an Administrative Variance to the perimeter landscaping requirements in Alameda Municipal Code Section 30-7.10 in order to allow the relocation of an existing driveway to the side yard of an existing residential property. The project also consists Design Review approval to allow the replacement of a garage door with a picture window on the front elevation of an existing single-family home. This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 Existing Facilities.
GENERAL PLAN: Medium Density Residential
ZONING: R-4-PD, Neighborhood Residential - Planned Development Zoning District
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State CEQA Guidelines, Section 15301(a) - Minor alterations of existing private structures involving negligible or no expansion of the existing use.
PROJECT PLANNER: Henry Dong, Planner III
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. Project Plans
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
The applicant proposes to relocate an existing driveway in the front yard of a residential property to the northern side yard of the property. The new driveway will be approximately 8.5-feet wide and provide a 1-foot wide landscape buffer along the northern property line. The driveway will allow the applicant to relocate the parking space within the existing attached one car garage to the rear yard, and include one additional parking space. The existing garage door located on the front elevation of the primary home will be replaced with a picture window consistent with the original architecture of the home.
The subject property is 37.5-feet wide which is considerably narrower than the 50-foot standard lot width in the city. The substandard lot width creates a problem with compliance with the following development standard as it relates to the proposed driveway:
1. 1’ of landscaped separation for driveways: AMC Section 30-7.10.a.3 requires driveways to have a minimum of 1-foot of landscape separation from building walls. The primary home on the property is located approximately 9.5 feet from the northern side property line. The minimum width for new driveways is 8.5-feet wide. The side yard can only accommodate an 8.5-foot wide driveway and 1-foot of landscaping adjacent to the side property line. The applicant is requesting a variance to this development standard.
Pursuant to AMC Section 30-21.2, an Administrative Variance may be approved for variances to yard requirements on residential properties if the findings in AMC Section 30-21.1.b can be made. Pursuant to AMC Section 30-37, Design review approval is required for the exterior modification to the residential building. Staff recommends the Zoning Administrator approve the Administrative Variance and Design Review application based on the following findings:
ADMINISTRATIVE VARIANCE FINDINGS:
1. There are exceptional or extraordinary circumstances applying to the property involved or to the proposed use of this property. The 37.5-foot width of the property is 12.5-feet narrower than a standard sized lot in the city. The minimum driveway width for new driveways is 8.5-feet wide. The substandard lot width restricts the ability to locate a driveway and the required landscaping strips within the 9.5 foot wide side yard.
2. Because of such exceptional or extraordinary circumstances, the literal enforcement of specified provisions of this section would result in practical difficulty or unnecessary hardship such as to deprive the applicant of substantial property right possessed by other owners of property in the same class of district. Due to the extraordinary circumstances discussed above, the literal enforcement of the Zoning Ordinance would deprive the applicant of substantial property rights possessed by other owners of property in the same class of district. AMC Section 30-7.10.a.3 requires a 1-foot landscape buffer between the driveway and the building. The literal enforcement of the landscape buffer requirement in combination with the narrow lot size prohibits the property owner from relocating the driveway to the side of the home and adding a second parking space. Furthermore, there are many existing driveways in the City do not meet the current landscape requirements of the Zoning Ordinance. Therefore, a variance is required for the driveway landscape requirements.
3. The granting of the variance will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to persons or property in the vicinity. The intent of the landscape separation requirement is to provide a landscape buffer between driveways and adjacent neighboring properties and buildings. The proposed project provides an 8.5-foot wide driveway and the required 1-foot buffer from the neighboring property line. As proposed, the project reduces the landscape buffer between the driveway and the existing primary home on the same property. The new driveway will easily accommodate vehicles accessing the property and does not pose a danger or nuisance to the public or surrounding properties.
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 consists of the replacing a garage door with a single-hung window on an existing single-family residence. The proposed exterior change does not increase the building footprint or the height of the structure, and therefore maintains the existing character of the home and the surrounding neighborhood.
3. The proposed design 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 design will match the existing residence and will utilize similar materials with the home which are also compatible with the design elements found on residential buildings in the neighborhood.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the plans prepared by Yung Chen, received on October 22, 2019, and on file in the City of Alameda Planning, Building, and Transportation 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 Planning, Building, and Transportation Department for review and approval.
3. Vesting: The Administrative Variance and Design Review approval shall expire two (2) years after the date of approval or by November 4, 2021 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.
4. 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 Planning, Building, and Transportation 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 Section 15301 - Existing Facilities because the project consists of minor alterations involving negligible or no expansion of use beyond that which exists.
Administrative Variance and Design Review
The Zoning Administrator hereby approves the Administrative Variance and Design Review No. PLN17-0336 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: November 4, 2019___
Allen Tai, Zoning Administrator