REPORT TO PLANNING COMMISSION
SUBJECT
Title
Public Hearing: Action on Significant Property Alteration Permit for a 1,207 Square Foot Addition to a Historic Residence and a Variance to Eliminate the Requirement for a Two-Car Garage at 1277 Jackson Street
Report
REPORT IN BRIEF
File No.: PLN22-00667
Project: Significant Property Alteration Permit for an addition to a single-family residence and a Variance to eliminate the requirement to provide two covered parking spaces.
Applicant: Brandon Spencer
Owner: Brandon Spencer
General Plan: Very Low Density Residential
Zoning: Single-Family (R1-6L)
Site Area: 3,813 square foot
Existing Site Conditions: The project site is built with a 1,207 square foot two-bedroom, two-bathroom one-story single-family residence.
Surrounding Land Uses
North: Multi-family uses
East: Single-family uses
South: Single-family uses
West: Multi-family and single-family uses
Issues: Consistency with the City’s General Plan and Zoning Ordinance
Staff Recommendation: Adopt a resolution approving the Significant Property Alteration Permit and for a 1,207 square foot addition and a Variance to eliminate the requirement for a two-car garage, subject to findings and conditions of approval.
BACKGROUND
On December 18, 2022, Brandon Spencer, property owner of 1277 Jackson Street, filed an application requesting a Significant Property Alteration Permit (File No. PLN22-00667) for a 1,207 square foot addition and a Variance to eliminate the requirement to provide a two-car garage. There is no existing garage or covered parking on-site. The subject property is listed as a historic resource (a Queen Anne Cottage constructed in 1899) on the City’s Historic Resource Inventory (HRI). The subject site is zoned Single-Family (R1-6L) and the General Plan land use designation is Very Low Density Residential.
Note that this project was deemed complete prior to the effective date of the current zoning code and therefore remains subject to the provisions of the previous zoning code in effect at the time. Zoning Code sections referred to in this staff report are from the prior zoning code.
Significant Properties Alteration Permit
According to Santa Clara City Code (SCCC) 18.106.050, a Significant Properties Alteration (SPA) permit is required for alteration proposals to an HRI property. In accordance with SCCC 18.106.050 (c)(2), the Historical and Landmarks Commission (HLC) reviews SPA permits for major alterations and makes a recommendation to the Planning Commission, where the Planning Commission shall approve or deny the application.
On December 7, 2023, the HLC heard the application for the proposed SPA permit (Attachment 5 - HLC Staff Report) to add habitable square footage to the basement of the existing two-bedroom, two-bathroom main residence resulting in a four-bedroom, one-office, and three-bathroom single-family residence.
Variance
The applicant has also applied for a Variance to eliminate the Zoning Code requirement for covered parking on-site. The City’s Zoning Code requires two covered parking spaces for single-family residences. The project site does not currently provide any covered parking and is considered legal nonconforming. Prior to the Zoning Code Update, the City’s standard practice was to require that a nonconforming single-family residence be brought into conformance with the parking requirement when there is an addition of 500 square feet or more. (Under the Updated Zoning Code, this threshold has been increased to 1,000 square feet, but with the proposed 1,207 square foot addition, the proposal would require a variance under either standard.) The applicant requests a Variance from this requirement and does not propose any covered parking on site.
According to SCCC 18.108, Variances are heard by the Planning Commission. Given that the SPA request is closely related to the Variance request, staff requested the HLC also make a recommendation regarding the Variance to the Planning Commission.
HLC Recommendations
The HLC recommended approval of both the Significant Property Alteration Permit and the Variance, with comments to correct the minor discrepancy of the basement ceiling height, to modify the proposed kitchen window to a single pane awning style, and for all new windows to match the existing wood-framed windows to the extent feasible (Attachment 6 - HLC Meeting Minutes). The applicant has incorporated all these recommended changes, which are reflected in the Development Plans, included as Attachment 1.
DISCUSSION
Project Overview
The applicant proposes to excavate the basement to add habitable square footage to the historic main residence. To accomplish this, the historic residence would be lifted from the existing foundation while the basement is excavated approximately two feet and the new foundation is installed. The final first floor elevation would remain the same as the original with no changes proposed to the existing front façade. The exterior changes include the addition of windows beneath the first story to provide light and egress for the basement. The architectural features of the Queen Anne Cottage will be retained as no distinctive features will be removed.
As the proposed project includes a 1,207 square foot addition, two covered parking spaces are required. There is no existing parking on-site. In addition, there is an in-ground pool and hot tub at the rear of the lot that limits where covered parking could be located. The required minimum lot width in the R1-6L zone is 60 feet and the subject property has a substandard 50 feet. The substandard 50-foot width of the lot and the existing layout of the home would require a significant demolition of the existing structure to accommodate the required dimension for two covered parking spaces of 20 feet in length by 20 in width. The applicant provided a Letter of Justification for the proposed Variance, included as Attachment 2.
Consistency with the General Plan
The General Plan designation for the project site is Very Low Density Residential. This classification is intended for residential densities of up to ten units per gross acre. Development is typically single‐family in scale and character, with a prevailing building type of single‐family detached dwelling units. Development in this classification maintains a feeling of suburban living with setbacks between structures, parking, large landscaped yards and tree lined streets. The proposed project would expand the existing historic single-family residence and is consistent with the following General Plan Policy:
5.3.1‐P4 Encourage new development that meets the minimum intensities and densities specified in the land use classifications or as defined through applicable Focus Area, Neighborhood Compatibility or Historic Preservation policies of the General Plan.
The proposal is consistent with this policy in that the project is proposing to excavate the basement to add habitable square footage to the historic main residence while preserving and maintaining the history integrity of the structure.
Zoning Conformance
The zoning designation for the project site is Single-Family (R1-6L). This district is intended to stabilize and protect the residential characteristics of the district and to promote and encourage a suitable single-family residential environment. The proposed project does not comply with SCCC Section 18.12.120, which requires each single-family dwelling to have two garage or carport parking spaces. There is no existing covered parking on site and the project does not propose to provide any covered parking in conjunction with the residential addition.
Pursuant to SCCC Section 18.108.010, where practical difficulties, unnecessary hardships, and effects, inconsistent with the general purposes of the Zoning Code may result from the strict application of certain provisions, variances may be granted if the Planning Commission finds the following:
(a) That there are unusual conditions applying to the land or building which do not apply generally in the same district.
(b) That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the petitioner.
(c) That the granting of such variance shall not, under the circumstances of the particular case, materially affect adversely the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the applicant's property, and will not be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood.
(d) That the granting of the variance is in keeping with the purpose and intent of this title.
The property at 1277 Jackson Street does have unusual conditions in that the existing lot is of substandard size. The lot is smaller than the code required minimums for properties zoned R1-6L with a narrower lot width of 50 feet where the Code requires 60-feet and a smaller lot area of 3,813 square feet where the Code requires 6,000 square feet. The granting of this Variance is necessary for the preservation and enjoyment of the substantial property rights of the applicant in that the applicant is expanding into the basement of the residence and the existing house configuration and lot size limits the ability to provide two covered parking spaces on site.
Conclusion:
Consistent with the HLC recommendations, staff finds that the proposed modifications to the main house adhere to the Secretary of the Interior's Standards for Rehabilitation in that the exterior alterations will not destroy historic materials, features, and spatial relationships that characterize the property. The proposed scope and Secretary of the Interior’s Standards review indicate that the proposed alterations would be compatible with the historic materials, features, size, scale, proportion, and massing to the protect the integrity of the property and its environment.
Consistent with the HLC recommendations, staff is supportive of the Variance as this is a substandard lot that is 50 feet in width and the existing house configuration would not be able to accommodate a two-car garage. The proposed Variance would allow the property owner to reasonably use the property without incurring the substantial burden of reconstructing the house to accommodate a two-car garage.
ENVIRONMENTAL REVIEW
The action being considered is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(e)(2) (Class 1 - Existing Facilities), in that the project is a small addition to the existing single-family residence that will result in an increase of not more than 10,000 square feet in an area where all public services and facilities are available and the area is not environmentally sensitive.
FISCAL IMPACT
There is no impact to the City for processing the requested application other than administrative staff time and expense typically covered by processing fees paid by the applicant.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
On February 8, 2024, a notice of public hearing on this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 300 feet of the project site. At the time of this staff report, Planning staff has not received public comments in support or opposition to the proposed project.
RECOMMENDATION
Recommendation
1. Determine that the Project is categorically exempt from formal environmental review per Section 15301(e)(2), Existing Facilities, of the CEQA Guidelines; and
2. Adopt a Resolution to approve a Significant Property Alteration Permit for alterations to the main historic resource and a Variance to eliminate the requirement for a two-car garage, subject to findings and conditions of approval.
Staff
Prepared by: Tiffany Vien, Associate Planner
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Lesley Xavier, Planning Manager
ATTACHMENTS
1. Development Plans
2. Letter of Justification
3. Resolution to Approve the Significant Property Alteration Permit and the Variance
4. Conditions of Approval
5. HLC Staff Report
6. HLC Minutes