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Oakland City Planning Commission

VIEWS: 13 PAGES: 9

									Oakland City Planning Commission                                                         STAFF REPORT
Case File Number CM01-465                                                                    January 23, 2002

                           Location: 5917 Canning Street (See map on reverse)
          Assessors Parcel Numbers: 016-1386-003-00

                                     To legalize a living unit in the basement of an existing single-family
                           Proposal: home. The basement was previously converted to a unit without
                                     benefit of a permit.

                  Owner/Applicant: Percy Taylor
        Planning Permits Required: Major Conditional Use Permit for two units on a lot in the R-35
                                      Zone.
                      General Plan: Mixed Housing Type Residential.
                            Zoning: R-35 Special One Family Residential Zone
      Environmental Determination: Exempt, Section 15303, State CEQA Guidelines, new construction or
                                      conversion of small structures
                    Historic Status: Non-historic Property (NHP)
           Service Delivery District: II – West Oakland
              City Council District: 2
                         Date Filed: October 12, 2001
               Support/Opposition:

             Staff recommendation: Approval subject to conditions
            For further information: Contact case planner Neil Gray at 510-238-3878.



      SUMMARY

      The proposed duplex would be consistent with an existing pattern of multi-family dwellings in the
      subject neighborhood. Further, the project would be consistent with the Zoning Ordinance in terms of
      density, open space, setbacks, and parking. Therefore, staff recommends approval of the application.




                                                                                                              #4
Oakland City Planning Commission                                                                    January 23, 2002
Case File Number CM01-465                                                                                          Page 3

      PROJECT DESCRIPTION

      The proposal would legalize a living unit in the basement of an existing single-family home. The
      basement was previously converted to a unit without benefit of a permit. The applicant proposes no
      change to the exterior of the structure or to exceed the structure’s original building envelope. The
      proposed 1,355 square foot basement unit would consist of two bedrooms, a living room, and one
      bathroom. The 1,555 square foot first story of the duplex would contain three bedrooms, a living room
      and one bathroom. Each unit would contain a kitchen. The proposal includes three parking spaces: two
      in the rear yard to be accessed by a ten foot side yard driveway and the third in a front yard garage.

      PROPERTY DESCRIPTION

      The site is 5,000 square feet, flat, and is 100 feet deep by 50 feet wide. A single family home currently
      exists on the lot that has been illegally converted to a duplex. Hedges and lawn are in front of the home
      and a lemon tree is in the rear. Single family homes are on either side of the site but multi-family
      dwellings exist throughout the subject neighborhood.

      GENERAL PLAN ANALYSIS

      The General Plan land use designation for the site is Mixed Housing Type Residential. The intent of the
      Mixed Housing Type Residential classification is to create, maintain, and enhance residential areas
      typically located near the City's major arterials and characterized by a mix of single family homes,
      townhouses, small multi-unit buildings, and neighborhood serving businesses. The maximum density
      allowed within this designation is 30 units per gross acre or one unit per 1,089 per square feet of site
      area. At one unit per 2,500 square feet of site area, the proposal is well within the maximum General
      Plan density.

      ZONING ANALYSIS

      The subject property is within the R-35 Special One-Family Residential Zone. The following evaluates
      relevant zoning code sections in terms of the R-35 development standards contained in Chapter 17.18 and
      other sections of the Zoning Ordinance.

      Major Conditional Use Permit for Density

      Section 17.18.100 of the Zoning Ordinance states that, upon the granting a conditional use permit, a total
      of two dwelling units may be permitted on any lot that has 5,000 square feet or more of lot area. The use
      permit is major because Section 17.134.020 of the Zoning Ordinance defines any conditional use permits
      involving two or more units in the R-10, R-20, R-30, or R-35 zone a major permit that must be heard in
      front of the Planning Commission.

      Section 17.18.110 contains the criteria to create a second unit in the R-35 zone. The project meets these
      criteria as shown in the "Required Findings" section of this report.

      Maximum Height

      The existing and proposed duplex is approximately 22 feet in height, within the 30-foot maximum
      allowed in the R-35 zone.

      Setbacks
Oakland City Planning Commission                                                                   January 23, 2002
Case File Number CM01-465                                                                                         Page 4

      The required and proposed setbacks for the basement unit are as follows:

                                                           Required    Existing/Proposed
                           Front                           20’-0”      15’-6”
                           Right Side                      5’-0”       6’-0”
                           Left Side                       5’-0”       10’-0”
                           Rear                            15’-0”      33’-0”

      A variance is not required despite the location of the new habitable space within the front yard setback
      because an October 13, 1997 Zoning Bulletin from the Zoning Administrator stated that new habitable
      space within a setback does not require a variance if: 1) new windows are not created for habitable space
      and 2) the home is lifted less than two feet. The subject proposal neither includes lifting the house nor
      adding new windows.

      Open Space

      The R-35 zone requires 300 square feet of open space per unit or 600 square feet for the proposal. At
      1,246 square feet, the proposal is within this requirement.

      Parking

      Section 17.116.060 (Off-street parking--Residential Activities) of the Zoning Ordinance requires 1.5
      parking spaces per unit in the R-35 Zone. At three parking spaces, the proposed duplex meets this
      requirement.


      ENVIRONMENTAL DETERMINATION

      The California Environmental Quality Act (CEQA) Guidelines lists projects that qualify as statutory
      exemptions from environmental review. Section 15303.b of that document states that: "a duplex or
      similar multi-family residential structure totaling no more than four dwelling units" is exempt from
      environmental review. The project involves two units and is thereby consistent with Section 15303.b.


      KEY ISSUES AND IMPACTS

      The proposed duplex would be consistent with an existing pattern of multi-family dwellings in the
      subject neighborhood. Further, the project would be consistent with the Zoning Ordinance in terms of
      density, open space, setbacks, and parking. Therefore, staff recommends approval of the application.

      A site visit by staff found that two storage sheds   not shown on the plans submitted by the applicant
      would block the parking area. Staff also found       that several windows visible from the street were
      constructed of aluminum, not wood, the material      more architecturally consistent with the home and
      neighborhood. Finally, staff found that the paint    on the wood detailing in the front of the home is
      chipping and in disrepair.

      Therefore, staff recommends conditions of approval that would remove the storage sheds, replace the
      aluminum windows visible from the street, and repaint the wood windows visible from the street. The
      applicant has agreed to these conditions.
Oakland City Planning Commission                                                                  January 23, 2002
Case File Number CM01-465                                                                                        Page 5


      RECOMMENDATIONS:                  1. Affirm staff’s environmental determination.

                                        2. Approve the Conditional Use Permit subject to the attached findings
                                           and conditions.



                                                               Prepared by:



                                                               NEIL GRAY
                                                               Planner II

      Approved by:



      Gary Patton
      Deputy Director or Planning


      Approved for forwarding to the
      City Planning Commission:



      LESLIE GOULD
      Director of Planning and Zoning


      ATTACHMENTS:

      A. Plans and Elevations
Oakland City Planning Commission                                                                     January 23, 2002
Case File Number CM01-465                                                                                           Page 6

      FINDINGS FOR APPROVAL:

      This proposal meets the required findings under Sections 17.134.050 (General Use Permit Criteria)
      17.136.070.A (Residential Design Review Criteria), and 17.18.110 (Use permit criteria for second
      dwelling unit in the R-35 Zone).

      Section 17.134.050 (General Use Permit Criteria):

      A. That the location, size, design, and operating characteristics of the proposed development will
         be compatible with and will not adversely affect the livability or appropriate development of
         abutting properties and the surrounding neighborhood, with consideration to be given to
         harmony in scale, bulk, coverage, and density; to the availability of civic facilities and utilities;
         to harmful effect, if any, upon desirable neighborhood character; to the generation of traffic
         and the capacity of surrounding streets; and to any other relevant impact of the development.

          The proposal would legalize a living unit in the basement of an existing single-family home. The
          basement was previously converted to a unit without benefit of a permit. The applicant proposes no
          change to the exterior of the structure or to exceed the structure’s original building envelope. The
          proposal would not have significant parking impacts on the neighborhood because it includes three
          parking spaces for the two units, meeting the requirements of the Zoning Ordinance. The structure
          on the parcel directly to the south of the site would be eleven and the structure directly to the north
          would be 24 feet away from legalized unit, respectively. This is ample room to protect the privacy of
          these neighboring structures. The additional parking generated by the unit would have minimal
          traffic affect on the surrounding streets.

      B. That the location, design, and site planning of the proposed development will provide a
         convenient and functional living, working, shopping, or civic environment, and will be as
         attractive as the nature of the use and its location and setting warrant.

          The proposal would have twice as much open space as required by the Zoning Ordinance and meet
          the zoning requirement for parking. The open space in the rear yard is accessible for both units and
          the cars parked in the rear parking spaces have sufficient maneuverability to back out the driveway.

      C. That the proposed development will enhance the successful operation of the surrounding area
         in its basic community functions, or will provide an essential service to the community or
         region.

          The proposal would successfully provide residential opportunities in an existing residential
          neighborhood.

      D. That the proposal conforms to all applicable design review criteria set forth in the design
         review procedure at Section 17.136.070.

          See Design Review Findings, below.

      E. That the proposal conforms in all significant respects with the Oakland Comprehensive Plan
         and with any other applicable plan or development control map which has been adopted by the
         City Council.



                                                                                                     FINDINGS
Oakland City Planning Commission                                                                     January 23, 2002
Case File Number CM01-465                                                                                           Page 7

         The General Plan land use designation for the site is Mixed Housing Type Residential. The intent of
         the Mixed Housing Type Residential classification is to create, maintain, and enhance residential
         areas typically located near the City's major arterials and characterized by a mix of single family
         homes, townhouses, small multi-unit buildings, and neighborhood serving businesses. The maximum
         density allowed within this designation is 30 units per gross acre or one unit per 1,089 per square feet
         of site area. At one unit per 2,500 square feet of site area, the proposal is well within the maximum
         General Plan density.

      17.136.070.A (Residential Design Review Criteria):

      1. That the proposed design will create a building or set of buildings that are well related to the
         surrounding area in their setting, scale, bulk, height, materials, and textures;

         As conditioned, the only exterior changes to the structure would be to repair existing windows and
         replace windows to better match the architecture of the existing home. The existing house is high
         quality and relates well to the surrounding area.

      2. That the proposed design will be sensitive to the topography and landscape.

         The existing lot is nearly flat. The proposal will not affect existing landscape or topography.

      3. That if situated on a hill, the design and massing of the proposed buildings relates to the grade
         of the hill.

         The project is not located on a hill.

      4. That the proposed design conforms in all respects with the Oakland Comprehensive Plan and
         with any applicable district plan or development control map which has been adopted by the
         City Council.

         The subject property is within the Mixed Housing Type Residential (MHTR) General Plan land use
         classification. The intent of the MHTR classification is to "create, maintain, and enhance residential
         areas…characterized by a mix of single family homes, town houses, small multi-unit buildings, and
         neighborhood businesses, where appropriate". The proposal fulfills the purpose of the General Plan by
         providing residential opportunities. Further, at one unit per 2500 square feet of lot area, the
         development is within the maximum General Plan density in the MHTR classification of one unit per
         1,088 square feet.

      Section 17.18.110 (Use permit criteria for second dwelling unit):

      1. That the proposed development will not adversely affect adjoining property, nor the
         surrounding neighborhood, with consideration to be given to density; to the availability of
         neighborhood facilities and play space; to the generation of traffic and the capacity of
         surrounding streets; and to all other similar, relevant factors;

         The proposal would be within an existing built up neighborhood with ample public services. The
         proposal would have 1,200 square feet of open space, approximately twice as much as required by
         the Zoning Ordinance, thus providing a suitable alternative to public play space. An additional unit
         would have an insignificant traffic impact on the area. The structure on the parcel directly to the


                                                                                                     FINDINGS
Oakland City Planning Commission                                                                          January 23, 2002
Case File Number CM01-465                                                                                               Page 8

           south of the site would be eleven and the structure directly to the north would be 24 feet away from
           legalized unit, respectively. This is ample space to protect the privacy of these neighbors.

      2. That the site design and landscaping and the scale, height, length and width, bulk, coverage,
         and exterior treatment of structures are in harmony with neighborhood character and with
         facilities on nearby lots;

           The outside appearance and siting of the home would not be affected by the proposal. The home
           would remain consistent with the context of the neighborhood.

      3. That the shape and siting of the facilities, and especially of any portions thereof which exceed
         one story in height, are such as to minimize blocking of views and direct sunlight from nearby
         lots and from other Residential Facilities in the surrounding neighborhood;

           The siting and shape the home would not change as a result of this proposal. The home would
           remain as originally permitted by the City of Oakland.

      4. That the design and site planning of the buildings, open areas, parking and service areas, and
         other facilities provide a convenient, attractive, and functional living environment; and that
         paths, stairways, accessways, and corridors are so designed as to ensure privacy;

           According to the Engineering Division, the proposed parking scheme is functional. The rear open
           space would be fully accessible to residents of both units. The rear entrance unit would provide
           privacy to the bottom unit.

      5.   That lot shape, size, and dimensions allow a development which will provide satisfactory internal living
           conditions without adversely affecting the privacy, safety, or residential amenity of adjacent residences.

           The size of the lot would not be affected by the proposal.




                                                                                                          FINDINGS
Oakland City Planning Commission                                                                    January 23, 2002
Case File Number CM01-465                                                                                          Page 9

                                    CONDITIONS OF APPROVAL

      STANDARD CONDITIONS:

      1. Approved Use.
         a. Ongoing.
            The project shall be constructed and operated in accordance with the authorized use as described
            in this staff report and the plans submitted on {filing date or submittal date of most current
            plans} and as amended by the following conditions. Any additional uses other than those
            approved with this permit, as described in the project description, will require a separate
            application and approval

      2. Effective Date, Expiration, and Extensions
         a. Ongoing.
             This permit shall become effective upon satisfactory compliance with these conditions. This
             permit shall expire on January 23, 2003, unless actual construction or alteration, or actual
             commencement of the authorized activities in the case of a permit not involving construction or
             alteration, has begun under necessary permits by this date. Upon written request and payment of
             appropriate fees, the Zoning Administrator may grant a one-year extension of this date, with
             additional extensions subject to approval by the City Planning Commission.

      3. Scope of This Approval; Major and Minor Changes
         a. Ongoing.
            The project is approved pursuant to the Planning Code only and shall comply with all other
            applicable codes and requirements imposed by other affected departments, including but not
            limited to the Building Services Division and the Fire Marshal. Minor changes to approved plans
            may be approved administratively by the Zoning Administrator; major changes shall be subject
            to review and approval by the City Planning Commission.

      4. Modification of Conditions or Revocation
         a. Ongoing.
            The City Planning Commission reserves the right, after notice and public hearing, to alter
            Conditions of Approval or revoke this conditional use permit if it is found that the approved
            facility is violating any of the Conditions of Approval or the provisions of the Zoning
            Regulations.

      5. Recording of Conditions of Approval
         a. Prior to issuance of building permit or commencement of activity.
            The applicant shall execute and record with the Alameda County Recorder’s Office a copy of these
            conditions of approval on a form approved by the Zoning Administrator. Proof of recordation shall be
            provided to the Zoning Administrator.

      6. Reproduction of Conditions on Building Plans
         a. Prior to issuance of building permit.
            These conditions of approval shall be reproduced on page one of any plans submitted for a
            building permit for this project.


      7. Indemnification

                                                                 CONDITIONS OF APPROVAL
Oakland City Planning Commission                                                                      January 23, 2002
Case File Number CM01-465                                                                                         Page 10

          a. Ongoing.
             The applicant shall defend, indemnify, and hold harmless the City of Oakland, its agents,
             officers, and employees from any claim, action, or proceeding (including legal costs and
             attorney’s fees) against the City of Oakland, its agents, officers or employees to attack, set aside,
             void or annul, an approval by the City of Oakland, the Office of Planning and Building, Planning
             Commission, or City Council. The City shall promptly notify the applicant of any claim, action
             or proceeding and the City shall cooperate fully in such defense. The City may elect, in its sole
             discretion, to participate in the defense of said claim, action, or proceeding.

      OTHER CONDITIONS:

      8. Accessibility of Parking
         a. Prior to issuance of building permit
            Plans shall be submitted for review and approval of the Zoning Administrator showing removal
            of the existing storage sheds and any other object blocking access to the parking area in the rear
            of the home.

          b. Ongoing
             The rear parking area shall remain unobstructed. No objects or structures shall block access to
             the rear parking spaces.

       9. Demarcation of parking
          a. Prior to issuance of building permit
             Plans shall be submitted for review and approval of the Zoning Administrator showing the
             parking spaces fully demarcated through the use of paint or other material.

      10. Windows
          a. Prior to issuance of building permit
             Plans shall be submitted for review and approval of the Zoning Administrator showing:
               The replacement of all aluminum windows on the home visible from the street with
                 vertically hung, wood windows. The recess and detailing of these windows shall match the
                 existing wood windows on the home. The frames and detailing of these windows shall be
                 painted red to match the existing windows.
               All existing wood windows visible from the street shall be repainted to match the existing
                 color.

      APPROVED BY: City Planning Commission:                            (date)                           (vote)
                                 City Council:                          (date)                           (vote)




                                                                  CONDITIONS OF APPROVAL

								
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