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HomeMy WebLinkAboutCMR- 478-02TO: City of PaSo Alto City Manager's Report 1 HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE: SUBJECT: DECEMBER 16, 2002 CMR:478:02 SINGLE FAMILY INDIVIDUAL REVIEW PROGRAM: ONE-YEAR STATUS REPORT This staff report provides the Council with background information for the Study Session. BACKGROUND On August 6, 2001, the City Council adopted the Single Family Individual Review program (Program). The Program is a process of discretionary review for single family development triggered by new two-story homes, new second story additions, or an addition to an existing second story which would be greater than 150 square feet. The review is based on a set of 10 Individual Review Guidelines that address issues such as privacy of second story windows and decks, mass and scale of new development, and streetscape issues such as porches and garage location. The standards and process were the result of 18 months of meetings with the "Future of Single Family Neighborhood Advisory Group." As part of the original approval for the program, the City Council directed staff to conduct an annual assessment of the Ordinance, Individual Review Guidelines and Review Program and to identify necessary changes. The Program was implemented on November 19, 2001. Since the date of implementation, 104 Single Family Individual Review applications have been submitted. DISCUSSION The Single Family Individual Review process provides the adjacent neighbors the opportunity to comment on an application that has been submitted. Within three days of an application submittal, the applicant posts a sign in the front yard with a copy of the CMR:478:02 Page ! of 7 front building elevation pasted on it and Ptanning Department staff mails notices to adjacent neighbors notifying them that an application has been submitted and encouraging them to review the plans. It has been staff's experience that the majority of applications have resulted in at least one neighbor calling the project planner to ask questions or taking the opportunity to visit the Development Center to review the plans. When staff has received written comments from a neighbor concerning the impact of a proposed new house or second story addition, in all but two cases these issues been worked out prior to the completion of staff's review. Privacy from second-story balconies and windows has been the source of most concern to neighbors. Staff has worked with applicants to either eliminate or screen the views from second story balconies. Staff has also requested second story windows be made of obscure glass or modified to be clerestory windows. If staff does approve a project, the same neighbors originally notified are informed of the decision and are given ten days to request a Director's Hearing. Only two applications to date have resulted in a Director's Hearing request. A proposed new two-story home at 945 Hutchinson was approved by the Director at a hearing and was appealed to the City Council. Four members of the Council must a~ee (call-up) to hear the appeal before it can be placed on a future Council Agenda for a public hearing. The Council voted not to call-up 945 Hutchinson and upheld the Director's original approval. When a request for a-Director's Hearing is received after staff has granted a tentative approval, optional mediation is offered. Optional mediation is part of the Progam approved by the Council. The purpose of this mediation is for the applicant and affected neighbors to work out a solution and eliminate the need for a Director's hea~ng. Two mediation sessions are offered with a professional mediator and if an a~eement is reached, the project does not go to a Director' s Hearing. Of the two projects that have had requests for a Director's Hearing, only the applicants and adjacent neighbors of a second story addition at 1849 Webster Street requested mediation. Of concern to adjacent neighbors in this case are privacy and massing impacts of the proposed second story. This project went though two mediation sessions without reaching a solution. The project has been to one Director's Hearing and was continued to a meeting on December 5, 2002. The project is now in the 10-working-day waiting period before the decision is issued. A change in administrative procedures has been made in response to an incident in which neighbors reviewed plans early in the process and then were not informed when further changes were made. The neighbors were therefore unable to request a Director's Hearing. Staff is now requesting that any person reviewing plans submitted for Single Family Design Review provide their names and addresses to the Developmen Center counter staff, so that they can be advised when revisions are made to the plans. CMR:478:02 Page 2 of 7 Changes to the Single-Family (R-1) Zone District Regulations The City Council adopted changes to the Single Family (R-l) Zone District Regulations when adopting the Single Family Individua! Review process in August 2001. These new regulations are mandatory for all new single-family construction (both one- and two- story). Staff and the general public have experienced difficulty in implementing some of the new ordinance changes due to some ambiguous phrasing in the code language. This report illustrates text in the ordinance that has been difficult to implement. Staff will come back to City Council in early 2003 with recommended changes to the ordinance. The following are three of the new R-1 regulations that have been the hardest to implement. Contextual Setback Subsection 18.12.050(d) of the Municipal Code was amended to read as follows: "Front Yard. The minimum front yard ("setback") shall be 6.1 meters (twenty feet), unless the average setback on the block exceeds twenty feet, then the setback shall be not less than the average distance between the front property line and the first main building wall of houses on the same side of the block; however, in no case c!oser than 20 feet. For blocks longer than 600 feet, the average front setback shall be based on the ten homes located on the same side of the street and nearest to the subject property." Contextual front setback is based on the average front setback on the same side of the block or on the nearest ten homes if the block is longer then 600 feet. This average can be geater when one of the homes has a front setback much geater then the rest of the houses used to calculate the contextual setback. This situation is most likely to happen when there is a deep lot with an unusually large front setback. This results in the proposed new home having an increased front setback that is not in context with the majority of the homes used to calculate the average. Staff met with the co-chairs of the Future of Single Family Neighborhoods Advisory Group to discuss contextual front setback. The purpose of the meeting was to discover the Advisory Groups' intent and reasoning behind the ordinance. The co-chairs informed staff that their original intent had been to exclude lots with large existing front yard setbacks from the calculation of the average. The co-chairs advised staff that when calculating contextual front yard setbacks, lots that have an unusually large front setback should not be included in the average. Staff is planning to come back to the Council in March 2003 with changes to low density residential, including the R-1 zone district. These changes will include a recommended procedure for selecting those particular !ors that should not be included in the calculation of contextual front setback. CMR:478:02 Page 3 of 7 Contextual Garage Placement Section 18. i2.050(m) of the Municipal Code was amended to read as follows: "If either 50% or more of existing garages on the subject property's side of the block or 50% or more of existing garages on both sides of the block are located within the rear portion of the lots, then attached garages shall be located in the rear half of the house footprint and a detached garage must be located in the rear half of the lot. For blocks longer than 600 feet, the foregoing calculations shall be based on the ten homes located nearest to and on the same side of the block as the subject property, and on the combination of those ten homes and the homes facing them. Access shall be provided from a rear alley if the existing development pattern provides for alley access." Difficulty in implementing contextual garage placement has arisen when evaluating garages on corner lots. It is common for a house on a corner lot to front on one street and the detached garage to front on another. Since the garage is located in the rear half of the lot but fronts on another street, on which street does the garage count as part of the context? Also, since the garage door of the detached garage is close to the street, is this counted as a forward facing garage for determining the context of the street it faces? Initially, in determining the prevailing contextual garage determination for a particular street, and in an attempt to increase the public's understanding of the ordinance, staff only included those lots with lot frontage on the street in question, regardless of the location of the garage. Staff discussed this interpretation during the meeting with the co- chairs of the Future of Single Family Neighborhoods Advisory Group. It was the opinion of the co-chairs that when a detached garage faces a street from a side property line, it becomes part of the existing garage context, and should be counted as a forward-facing garage for the purpose of determining the contextual garage placement for that street. When staff returns to the Council with revisions to the R-1 ordinance, it will include a recommended procedure for selecting those lots to be included in the calculation of contextual garage placement. Height of Front Entrance Structures Subsection 18.04.030(65)(C)(vi) of the Municipal Code was amended to read as follows: "The floor area for all exterior entrance structures or towers sha!l be counted toward the maximum allowable floor area ratio. Any portion of an CMR:478:02 Page 4 of 7 exterior entrance or tower geater than 12 feet in height shall be counted twice and added to the maximum allowable floor area." This ordinance has virtually eliminated entrance towers in excess of twelve feet being proposed on new homes in the R-1 zone district. However, there has been a small number of applications submitted that have included entrance structures in excess of twelve feet in height. In these circumstances, staff has had difficulty measuring and determining what portion of the entrance structure over twelve feet in height is to be included in the total floor area. Staff has also received comments from the public that the Code language is difficult to understand. To help clarify the intent of the Code to the public and increase the ease of implementation, staff has been including the square footage of the footprint of any entrance feature or tower over twelve feet in height in the calculation of total floor area. This is being done in lieu of measuring just that portion of an entrance feature over twelve feet in height. Staff discussed this measurement procedure during the meeting with the co-chairs of the Future of Single Family Neighborhoods Advisory Group. It was the co-chairs' opinion that their original intent was to discourage entry features over twelve feet in height and this reduction could be achieved by counting the square footage of the footprint twice. The co-chairs ageed with staff's technique for measuring the square footage of entrance features or towers exceeding twelve feet in height. When staff returns to the Council with recommended revisions to the R-1 ordinance, it will include a recommended procedure for measuring the square footage of entrance features or tower over twelve feet in height. Application Costs The application fees are $350 for an addition to an existing second story and $1,000 for a new second story addition or new two-story home. It has been staff's experience while processing the Single Family Individual Review applications over the past year that the current fees are not commensurate with the amount of time that staff actually spends on each application. Some projects have met the guidelines during the first review and received no neighbor comments. These projects can take about six hours of staff time to review and process. However, if an application does not conform to the Guidelines, staff can spend many hours meeting with the applicant to assist the project to conform to the Guidelines. When a project has neighbor controversy, staff can also spend additional time talking on the phone to neighbors and applicants or attending meetings at the Development Center and project sites. Projects that go through mediation or get heard by the Director can further require additional staff time. The mediators under contract for mediation services related to the Single Family Individual Review pro~'am billed the City $4.012.50 for their involvement in two mediation sessions. The following table is a breakdown of staff time spent on a Single Family Individual Review project that does not include neighbor controversy. CMR:478:02 Page 5 of 7 New two story or second story addition Application Fee $1000.00 Preliminary Meeting with Applicant (1 hour x $77.17)-77.17 Application Review and File Preparation (3 hours x $77.17)-154.34 Site Visit (1 hour x $77.17)-77.17 Guideline Review Meeting with Applicant (1 hour x $77.17)-77.17 Public Notice Mailing, Office Specialist (.5 hour x $62.24)-33.12 Consultant Architect Review and Meeting Attendance (3 -225.00 hours x $75.00) Planning Arborist Review (.5 hours x $77.85) Reviewed only -38.92 -38.92 when there are tree impacts Manager of Current Planning Review (.5 hour $89.72)-44.86 -44.86 Written correspondence with Applicant (1 hour x $77.17)-77.17 -77.17 Total Remai~ng $195.00 -$454.92 * Staff Billing Rate = Hourly Salary + Benefits (35%) + Indirect Costs (Planning Dept. Billing Rates, Effective 7/1/01) Addition to an existing second story geater then 150 ~q. ft. $350.00 -77.17 -154.34 -77.17 -77.17 -33.12 -225.00 Public Surveys To assist in evaluating the Single Family Individual Progam, staff created a survey that was mailed to a random sample of 35 of the 100 applicants that submitted Single Family Individual Review since the inception of the progam. This survey included five questions on issues such as the Single Family Individual Review pro~am processing time and the clarity of the Individual Review Guidelines. The survey also contained a separate sheet for written comments. The date for the return of these surveys was December 2, 2002. Prior to the completion of this report, the Planning Department received four completed surveys from the 50 mailed out. The responses are genera!ly supportive of the prouam. Negative comments focused on neighbor participation in the process. Copies of the completed surveys are attached as Attachment A. ATTACHMENTS 1. Single Family Individual Review public surveys PREPARED BY: Christopher A. Riordan, Planner CMR:478:02 Page 6 of 7 DEPARTMENT HEAD REVIEW: gms Director ol g and Community Environment CITY MANAGER APPROVAL: EMILY HARRISON Assistant City Manager C/~{R:478:02 Page 7 of 7 November 19 2002 city0f.Pa]0A]to Deparfmenf of Planning and Communi~j Environmen~ Attachment A Plaaning Div~ision Dear Single Family Individual Review ApplicantJProperty Owner Please take a moment to note your responses to the following questions. Your answers to these questions will assist the Department of Planning and Community Environment to evaluate the Single Family Individual Review Program and improve the process for future applicants. The City Council will be reviewing the Single Family Individual Review pro~am during their December 16, 2002 meeting so please return this survey by December 2, 2002. You have been selected at random from over 95 Single Family Individual Review applications. Because this is a random sample, your responses are very important to us. The project processing time met your expectations. Strongly Strongly Disagree Disagr.~e A~ree ~ 1 2 /~3)4 2. The Single Family Individual 1 2 3 Review process was easy to understand. 3. The implementation of the 1 (2,,/3 Single Family Individual process resulted in a better project. 4. The Single Family Individual 1 2 3 Review process was sufficiently explained by planning staff. 4 5,The advice provided by the city's consulting architect was helpful. 2 4 Thank you for your time and assistance. Your help will allow us to improve the Single Family Individual Review Progam. If there are any questions regarding this survey please contact Chris Riordan at (650) 329-2149. Please make every effort to return this survey by December 2nd to: City of Palo-Alto Planning Dept. PO Box 10250 Palo-Alto CA 94303 Comments are welcomed on attached sheet.250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 650.329.2!54 fax Comments November 19 2002 NOV ~ 7 2002 Department of Planning and'Communi~ Environment ~mun~ En~ron~nt Planning Division Dear Single Family Individual Review Applicant!Property Owner Please take a moment to note your responses to the following questions. Your answers to these questions wilt assist the Department of Planning and Community Environment to evaluate the Single Family Individual Review Program and improve the process for future applicants. The City Council will be reviewing the Single Family Individual Review program during their December 16, 2002 meeting so please return this survey by December 2, 2002. You have been selected at random from over 95 Single Family Individual Review applications. Because this is a random sample, your responses are very important to us. 1. The project processing time met your expectations. Strongly Strongly Disagree Disagree ~A.~ree 1 2 ~)4 2. The Single Family Individual 1 2 3 ~,,,_.,,Review process was easy to understand. 3. The implementation of the 1 (2J 3 Single Family Individual process resulted in a better project. 4. The Single Family Individual 1 2 3 Review process was sufficiently explained by planning staff. 5.The advice provided by the city's 1 2 consulting architect was helpful. 4 Thank you for your time and assistance. Your help will allow us to improve the Single Family Individual Review Progam. If there are any questions regarding this survey please contact Chris Riordan at (650) 329-2149. Please make ever}, effort to return this survey by December 2nd to: City of Palo-Alto Planning Dept. PO Box 10250 Palo-Alto CA 94303 Comments are welcomed on attached sheet.250 Hamilton Avenue P.O. Box 10250 Pa!o Alto, CA 94303 . 650.329.244.1 650.329.2154 fax November 19 2002 Ci of Palo Alto Department of Planning and Communi~/E~zviromneat Dear Sin gle Family Individual Review Applicant/Property Owner Plus'wring Division Please take a moment to note your responses to the following questions. Your answers to these questions will assist the Department of Planning and Community Environment to evaluate the Single Family Individual Review Program and improve the process for future applicants. The City Council will be reviewing the Single Family Individual Review prodam du~ng their December 16, 2002 meeting so please return this survey by December 2, 2002. You have been selected at random from over 95 Single Family Individual Review applications. Because this is a random sample, your responses are very important tO us. 1. The project processing time met your expectations. 2.The Single Family Individual Review process was easy to understand. The implementation of the Single Family Individual process resulted in a better project. The Single Family Individual Review process was sufficiently explained by planning staff. 5.The advice provided by the city's consulting architect was helpful.. Strongly Strongly DiSagree Disagree ~~ 1 2 4 2 4 q'~..,,,~.- ,,c.;~ +>,~- ,,,-.~,- t;~,- o,.~ .oo;o.~,,.,-,- Your help will allow us to improve themng~,~ ~; Family Individual Review Program. If there are any questions regarding this survey please contact Chris Riordan at (650) 329-2149. Pleas° e make every, effort to return this survey by December 2~d to: City of Palo-Alto Planning Dept. PO Box 10250 Palo-Alto CA 94303 Comments are welcomed on attached sheet.250 Hamilton Avenue RO. Box t 0.YZ.~0 Palo A!~o, CA 94303 650.329.2441 650.329.2154 fax Comments November 19 2002 Department of Planning and NOV ~, 7 PO[l~ Communi~Environm~t Planning Di~dsion Dear Single Family Individual Review Applicant~roperty Owner Please take a moment to note your responses to the following questions. Your answers to these questions will assist the Department of Planning and Community Environment to evaluate the Single Family Individual Review Program and improve the process for future applicants. The City Council will be reviewing the Single Family Individual Review program during their December 16, 2002 meeting so please return this survey by December 2, 2002. You have been selected at random from over 95 Single Family Individual Review applications. Because this is a random sample, your responses are very important to us. 1. The project processing time met your expectations. Strongly Strongly Disagree Disagree ~A.~ree 1 2 3 (~') The Single Family Individual Review process was easy to understand. The implementation of the Single Family Individual process resulted in a better project. 4 4. The Single Family Individual 1 2 3 Review process was sufficiently explained by planning staff, 5.The advice provided by the city's consulting architect was helpful. 2 Thank .you for your time and assistance. Your help will allow us to improve the Single Family Individual Review Pro~am. If there are any questions regarding this survey please contact Chris Riordan at (650) 329-2149. Please make every effort to return this survey by December 2nd tO: City of Palo-Alto Planning Dept. PO Box 10250 Palo-Alto CA 94303 Comments are welcomed on attached sheet.250 Hamilton Avenue gO. Box 10250 Pa!o Alto, CA 94303 650.329.2441 650.329.2154 fax Comments