To: HONORABLE MAYOR AND From: Stephen M. Haase[PL1]
CITY COUNCIL
Subject: SEE BELOW Date: November 20, 2003
COUNCIL
DISTRICT: 3
SNI: University
SUBJECT: SF03-028. Single Family House Permit to construct 514 square-foot 1st-floor addition and 422 square-foot 2nd-floor addition to an existing 2,152 square foot 2-story single family house and to remove an existing Avocado tree measuring 58" in circumference on a 0.14 gross acre site.
RECOMMENDATION
The Planning Commission voted 7-0-0 to recommend
that the City Council approve the Single-Family House Permit, with the
condition that the applicant replace the one ordinance sized tree proposed for
removal with 4 new trees, including an equivalent contribution to a public tree
planting program if 4 replacement trees could not be accommodated on the
subject property.
BACKGROUND
On November 19, 2003, the Planning Commission held a public hearing to consider a Single-Family House Permit Single Family House Permit to construct a 514 square-foot 1st-floor addition and 422 square-foot 2nd-floor addition to the rear of an existing 2,152 square foot 2-story single family house and to remove an existing ordinance-size Avocado tree measuring 58" in circumference on a 0.14 gross acre site. The Avocado tree conflicts with the proposed addition.
A
Single-Family House Permit is required for this addition because the Floor Area
Ratio (F.A.R.) is greater than 0.45, the property is listed as an Identified
Structure on the Historic Resources Inventory, and the addition will exceed 30
feet in height. The proposed conversion
will increase the existing F.A.R. (which does not include the unimproved
basement area) from 0.34 to 0.48. The
existing maximum height of 33 feet will remain unchanged, however, the proposed
addition will extend the existing 33-foot high roof peak further towards the
rear of the property. The Zoning Code specifies that the City Council is the
decision-making body for Single-Family House Permits where the proposed
expansion exceeds 30 feet in height.
The Director of Planning recommended approval of the proposed addition and tree removal. No one appeared in support of or opposition to the project.
Commissioner Zito noted the proposed construction hours included
weekend work (8:00 a.m. to 7:00 p.m. on
Saturdays, Sundays and legal holidays, except that construction may occur at
any hour within a totally enclosed building if such construction is not audible
at the property line and does not result in a public or private nuisance) in
addition to the typical Monday-Friday, 7:00 a.m.-7:00 p.m. hours for
projects subject to a Planning Permit.
Staff explained the construction
hours for Single Family House Permits were typically less restrictive than
other Planning Permits, recognizing the smaller scale and duration of a
single-family construction project produces less impact to surrounding
properties compared to a larger residential or commercial project.
The weekend hours also
recognize individual homeowners often perform a portion of the construction
work, and the weekend may be the only reasonable time to do so if they have a
normal weekday work schedule. Staff
also noted homeowners involved in single family construction projects that do
not require a Planning Permit are not subject to construction hour
restrictions, and so staff does not recommend treating the class of homeowners
who are subject to a Planning Permit substantially differently by imposing
significant construction hours restrictions.
Commissioner
Zito also questioned the proposed tree replacement ratio of
2:1. He noted most
development projects (commercial, industrial, large residential)
subject to a Planning Permit are required to mitigate tree
removal at a 4:1 ratio. Staff responded there often
is not ample room to replace trees on a single-family lot
at a 4:1 ratio, and that this ratio could be financially burdensome
to the single-family homeowner. Staff noted the Commission
could recommend the Council condition the project at 4:1 tree
replacement, and the applicant could donate an equivalent
contribution to a public tree planting program (such as Our
City Forest) if 4 replacement trees could not be accommodated
on the subject property.
The Planning Commission then closed the Public Hearing.
PUBLIC OUTREACH
A public hearing notice was distributed to the
owners and tenants of all properties located within 300 feet of the project
site. Staff has been available to
discuss the project with all interested members of the public.
ENVIRONMENTAL REVIEW
The proposed project is exempt
from environmental review under Section 15301 of the California Environmental
Quality Act Guidelines because it consists of a minor alteration of an existing
single-family structure.
STEPHEN HAASE, AICP
Secretary, Planning Commission
c: Rachel Morehead, 6841 N. Jack Tone Road, Stockton, CA 95215
James
& Valerie Ziegler, 408 S. 13th St., San José, CA 95112-2235