REPORT TO PLANNING COMMISSION
SUBJECT
Title
Consideration of Rezoning and Variance for 1141 Main Street
Report
BACKGROUND
The applicant is requesting to rezone the property at 1141 Main Street (PLN2017-12945) from Downtown Commercial (CD) to Single Family Residential (R1-6L) to be consistent with the existing residential use of the property. The applicant is also requesting approval of a Variance to allow an expansion of a 2-story garage and new accessory dwelling unit (ADU) use on the project site. The property, currently developed with a historic single family detached residence, is located on the east side of Main Street between Fremont Street and Benton Street. Under the current CD zoning, an ADU is not permitted. Per the zoning code, ADUs are only permitted on R1-6L and R1-8L (Single Family Zoning District) properties.
The existing main residence is a 2-story vernacular Queen Anne/Shingle Style design constructed circa 1893. The property is listed on the City’s Historic Resources Inventory (HRI) and was granted a Mills Act agreement by the City Council in 2011. A detached 2-story carriage house is located to the rear of the property consisting of a garage and an attached storage shed. The owner wishes to utilize this structure and make additional modifications to create a new garage and an ADU.
DISCUSSION
The request would rezone the 7,500 square foot lot from Downtown Commercial (CD) to Single Family Zoning district (R1-6L). The project proposes the demolition and reconstruction of a 300 square foot existing storage shed attached to the rear of the existing carriage house, and relocation, conversion and expansion of the existing nonconforming 606 square foot 2-story carriage house utilizing a 563 square foot garage as part of a new 908 square foot 2-story accessory dwelling unit (ADU) with a 519 square foot 2-car garage. The relocation of the carriage house, adding a new foundation, would bring it into compliance with the side (5 feet) and rear (5 feet) setbacks as per the City of Santa Clara Zoning Code.
The existing carriage house is two stories and is 22’-7” in height. The project proposes to increase the height by 8 inches for a total of 23’-3” as part of the rehabilitation and creation of the new garage and ADU structure. The Variance is needed to exceed the maximum allowed height of 14’ for detached accessory units per the Santa Clara City Code (SCCC) section 18.12.030(d) (5). The applicant also requests a Variance to Section 18.06.010(a)(1) of the Santa Clara City Code (SCCC) to allow an additional half bath on the first floor. Since the living space is divided over two floors with the bedrooms on the second floor, the applicant proposes a half bath on the first floor in addition to a full bath on the second floor. Accessory Units, as defined in SCCC section 18.06.010(a)(1), are allowed only one bathroom. Therefore, the project would require a Variance for the additional half bath on the first floor. In most cases, ADUs would be smaller, one-story structures. In this case the request for the additional half bathroom is recommended from a practical standpoint to provide bathroom facilities on both floors for the convenience of future residents.
The requested increase in height for the garage/ADU would result from the proposed new foundation that elevates the structure by 8”. Other changes to the structure include the addition of three skylights and two new exterior lighting fixtures, and replacement of the existing full width sliding garage doors with two wood sectional overhead doors with diagonal paneling. To address the privacy concerns of the adjacent neighbor, the lower pane of the proposed dormer window on the left elevation would make use of opaque glass. There is no work proposed on the main residence.
A Secretary of the Interior’s Standards review for the proposed project was performed by Leslie Dill, Architect Historian of Archives and Architecture, and is attached to this report. The project was reviewed by the Historical and Landmarks Commission (HLC) on February 1, 2018. The HLC found that the rezoning and granting the Variance to the applicant as requested would not diminish the historical significance of the property and recommended approval of the request.
Planning Commission review and a recommendation to the City Council is required under Santa Clara City Code (SCCC) section 18.112.040 for rezoning applications. Planning Commission approval is required under SCCC section 18.108.030 for Variance applications. The associated project data and maps are attached to this report (Attachment #2, Table 1).
Variance Findings
The applicant is seeking a variance to allow a 2-story accessory dwelling unit with an extended height of 23’-3” and an additional half bath. The applicant has provided a letter of explanation to support the variance request. The lot is 50 feet in width by 150 feet in depth. The distance from the back of the residence to the rear property line is approximately 73 feet.
Per SCCC section 18.108.040, a variance may be granted when the Planning Commission makes the following findings:
(1) That there are unusual conditions applying to the land or building which do not apply generally in the same district, and
(2) That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the petitioner.
Variances are limited to those situations where the peculiar physical characteristics of a site or structure make it difficult to develop under standard regulations. Staff has determined that there are specific physical or unique circumstances for the owners to comply with the City’s zoning standards as they propose to rehabilitate the existing 2-story carriage house. To maintain the existing footprint and the original use of the structure, the design proposes two-story accessory dwelling unit (ADU) with the living area, kitchen and half bath on the first floor, and the bedrooms and a full bathroom on the upper floor. The half bathroom would be allowable from practical standpoint to have bathroom facilities on both floors. A variance for the increased height of 23’-3” (8” more than the existing 22’-7”) would be necessary to rehabilitate the existing 2-story carriage house as an accessory unit. The increase in height by 8” does not impact the historic integrity of the existing structure.
General Plan and Zoning Conformance:
The site currently is designated for Very Low Density Residential land use on the General Plan. This designation supports the development of single-family residential uses, which are typically implemented through a Single Family zoning district. The General Plan supports the provision of ADUs on single-family sites as a means of providing a variety of new housing types. The proposed continuation of an existing single-family residential use, including an ADU, would conform with the General Plan.
The project site is currently zoned Downtown Commercial (CD), which is intended to encourage the development of a large concentration of commercial and office uses in the central business area of the city. A single family residence is not a permitted use in this district. The property is a historic residence located in the old quad and is surrounded by mostly single family residential uses. The applicant is requesting a rezoning to Single Family zone district (R1-6L) that would appropriately reflect the historic use of the property and align with adjacent uses.
Neighborhood Compatibility:
The proposed project preserves the significant historic fabric of the existing 2-story structure and, although there is some intensification of use, there is no effective change of use for the residential property. The form and location of the existing carriage house is generally preserved and the proposed height change will have little impact on the overall perception of the building. The historic residence in the front is preserved and there is no work proposed on it. Therefore, the project remains compatible with the historical character of the neighborhood. The project also proposes to relocate the structure, so it would be 5 feet away from the north and east property lines, improving separation from the neighbor’s yard and thereby protecting their privacy.
Conclusion:
Staff finds that granting approval for this variance application will be necessary for the preservation and enjoyment of property, and would not adversely affect the general welfare of the people residing in this neighborhood.
ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Section 15303, new construction or conversion of small structures. Class 3 consists of construction and location of limited numbers of new, small facilities or structures. The project is also exempt per CEQA Section 15331, Historical Resource Restoration/Rehabilitation as the project proposes rehabilitation of the historic resource consistent with the Secretary of the Interior’s Standards.
PUBLIC CONTACT
The notice of public hearing for this item was posted within 300 feet of the site and was mailed to property owners within 300 feet of the project site. There were some privacy concerns from the adjacent neighbor on 1159 Main Street that have been addressed via the design and additional conditions of approval for the project.
ALTERNATIVES
1. Recommend approval for rezoning the property from Downtown Commercial (CD) to Single Family Zoning District (R1-6L) to the City Council.
2. Approve the Variance to allow extended height of 23’-3” for the conversion of the existing 2-story carriage house and storage shed into a 2-story accessory dwelling unit (Contingent upon City Council approval of the rezoning).
3. Approve the Variance to allow an additional half bath for the conversion of the existing 2-story carriage house and storage shed into a 2-story accessory dwelling unit (Contingent upon City Council approval of the rezoning).
4. Deny the Variances and recommend disapproval of the rezoning of the property from Downtown Commercial (CD) to Single Family Zoning District (R1-6L).
5. Recommend approval for rezoning of the property from Downtown Commercial (CD) to Single Family Zoning District (R1-6L) to the city Council and approve the Variance for extended height of 23’-3”, deny the Variance for additional half bath for the conversion of the existing 2-story carriage house and storage shed into a 2-story accessory dwelling unit.
6. Recommend approval for rezoning of the property from Downtown Commercial (CD) to Single Family Zoning District (R1-6L) to the city Council and deny the requested Variances.
RECOMMENDATION
Adopt Resolution(s) to implement Alternatives #1, #2, and #3
Recommendation
1. Recommend approval of the rezoning of the property from Downtown Commercial (CD) to Single Family Zoning district (R1-6L) to the City Council;
2. Approve the Variance to allow extended height of 23’-3” for the conversion of the existing 2-story carriage house and storage shed into a 2-story accessory dwelling unit (Contingent upon City Council approval of the rezoning); and
3. Approve the Variance to allow an additional half bath for the conversion of the existing 2-story carriage house and storage shed into a 2-story accessory dwelling unit (Contingent upon City Council approval of the rezoning).
Staff
Prepared by: Nimisha Agrawal, Assistant Planner I
Reviewed by: Gloria Sciara, Development Review Officer
Reviewed by: Kevin Riley, Acting Planning Manager
Reviewed by: Andrew Crabtree, Director of Community Development
Approved by: Manuel Pineda, Assistant City Manager
ATTACHMENTS
1. Reserved for Summary of Planning Commission Action
2. Project Data and Maps
3. Planning Commission Resolution for Recommending Approval for Rezoning
4. Planning Commission Resolution for Approval of the Variance
5. Conditions of Approval
6. Letter of Request for Rezoning and Letter of Justification for Variance
7. Development Plans