REPORT TO PLANNING COMMISSION
SUBJECT
Title
Public Hearing: Action on Appeal of Architectural Review Approval by the Architectural Committee for the property at 3533 Gibson Court
Report
REPORT IN BRIEF
Project: Appeal of Architectural Review Approval by the Architectural Committee for the proposed demolition of an existing 1,292 square foot one-story three bedroom and two bathroom house with an attached two-car garage, and new construction of a proposed 2,766 square foot two-story, three bedroom, three and one-half bathroom residence with an attached two car garage and an attached 697 square foot two-bedroom accessory dwelling unit, for the property at 3533 Gibson Court
Applicant: LNX Architecture, Inc.
Owner: Ming and Ping Sun
General Plan: Very Low Density Residential
Zoning: Single Family Residential (R1-6L)
Site Area: 8,112 square feet
Existing Site Conditions: Developed with a one-story 1,292 square foot three bedroom and two bathroom single family residence with an attached two car garage.
Surrounding Land Uses: One- and two-story single-family residences.
Issues: Neighborhood opposition to potential privacy, scale and building massing impacts of the proposed new two-story house, citing inconsistency with the City’s Design Guidelines.
Staff Recommendation: Alternative 1: Overrule the Appeal and Uphold the Architectural Committee approval of the proposed demolition of an existing 1,292 square foot one-story three bedroom and two bathroom house with an attached two-car garage, and new construction of a proposed 2,766 square foot two-story, three bedroom, three and one-half bathroom residence with an attached two car garage and an attached 697 square foot two-bedroom accessory dwelling unit, on the property at 3533 Gibson Court.
BACKGROUND
At the November 7, 2018 Architectural Committee Meeting, after discussion, the Committee approved the project design as consistent with Chapter 18.76 of the Zoning Ordinance for Architectural Review and the City’s adopted Single Family Design Guidelines subject to the following conditions:
1. Applicant to work with staff and neighbors to select and plant screening trees in the rear yard of the project site to address privacy impacts of the proposed second story windows on nearby homes.
2. Applicant to work with staff and neighbors to revise the design of the front porch and front second-floor bay window to be more compatible with the design of the patio home neighborhood, to frost/obscure the glass of the second floor rear-facing windows, and further directed that the project shall be referred back to the Committee in the event any neighborhood concerns remain.
The staff report and minutes from the Architectural Committee Meeting of November 7, 2018 are attached.
On November 13, 2018, an appeal of the Architectural Committee’s November 7, 2018 action to grant Architectural Approval of the project was filed by Mr. Francis Liu of 3542 Elmhurst Avenue who lives directly to the rear of the project site. The appeal included a petition signed by 23 neighborhood residents. The complete appeal is attached to this staff report. In the appeal, the Appellant indicates the project approval did not adequately address neighborhood concerns with the design of the project including massing, scale, privacy and shadowing impacts on neighboring properties. The appeal also states that the project will have a greater impact on those residential properties to the rear given that the finished grade of the project site would be approximately two feet higher than the adjoining properties to the rear on Elmhurst Avenue.
On January 24, 2019, the applicant submitted revised project plans, intended to address the Architectural Committee’s conditions of approval and neighborhood concerns. The plans were revised redesigning the front porch and front second floor bay window to be more compatible with the patio home style architecture of the neighborhood. The plans were also revised to relocate one second floor bedroom egress window to the south side wall, and to elevate the rear facing bedroom windows a minimum of six feet above the finished floor. The revised plans also include planting two evergreen trees in the back yard, to address the Architectural Committee’s condition of approval.
In addition to the revised plans, the applicant submitted a written rebuttal to the appeal, in which the applicant addressed the concerns about privacy and shadowing by providing a morning and afternoon winter and summer solstice shadow study to illustrate the proposed home will have little impact on neighboring homes, to illustrate the setback between the proposed house and neighboring homes, and to illustrate how the windows have been elevated to protect privacy toward the rear yards of the homes to the rear northwest of the site. A copy of the applicant’s written rebuttal to the appeal is attached to this report.
Following receipt of the applicant’s revised plans, staff circulated notice to the neighborhood and held a Zoning Administrator meeting on March 11, 2019 with the applicant and neighbors to review the revised plans. Upon review of the revised plans at the meeting, the neighbors generally reiterated their opposition to the proposed massing of the approximately 1,400 square foot second floor area, stating the proposed area of the second floor combined with nine-foot ceiling heights on both floors and the two-foot difference in grades would negatively impact their properties. Mr. and Mrs. Liu restated their concern about the amount of second floor building area that would be visible from their property and limit the visibility of the sky from their property and suggested a portion of the second floor area be relocated toward the front living area of the house so that the roof can be lowered over the rear portion of the house that is the most visible from their property. The neighbors adjoining the property to the east on Gibson Court noted their opposition to the relocation of the second floor living area to the front, stating that it would then impose an impact to their property.
DISCUSSION
The Project Site is located in Subdivision Tract 1549 of the City, and along with Tracts 1548 and 1527 to the east, the two are often referred jointly as the “Fairmede Neighborhood”. These tracts were developed with single family homes between 1957-1959 and were designed as one-story “Mackay style” patio homes. The house on the project site was built in 1958. Characteristic features of the Mackay style home are enclosed patios, large expansive windows, post-and-beam construction, and low pitched roofs. Over the years, property owners have remodeled homes within these tracts so that today the neighborhood consists of a mix of original and altered patio homes, as well as ranch and craftsman style residences that are one or two-stories in height. The tracts are not recognized by the City as a historic district and there are no homes within these tracts listed on the City’s Historic Resources Inventory.
At the Architectural Committee Meeting of November 7, 2018, the Committee considered the staff recommendation to continue the project for redesign to incorporate more architectural design features characteristic of the patio home-style architecture of the neighborhood. The Committee also considered concerns expressed by neighbors at the meeting, which included the design compatibility of the proposed larger two-story house with the neighboring one-story patio style homes and the potential impacts upon the privacy of the indoor-outdoor living areas of nearby patio homes with floor-to-ceiling glass from the proposed second floor windows and a larger size and scale of the new house. Following discussion, the Committee noted that while it cannot prohibit new two-story homes and additions under the Zoning Ordinance, it can apply the Design Guidelines in its decisions and recommendations to mitigate potential impacts of privacy and create neighborhood design consistency. The Committee concluded that with design changes to simplify the architecture of the front porch roof, to square-off the second floor bay window projection, to use obscured glass on second-floor rear facing windows, and to plant screening trees in the rear yard to address the privacy concerns expressed by neighbors to the rear, the project would meet the Design Guidelines and be in keeping with the character of the patio home architecture of the neighborhood.
The revised project design retains the same front building footprint orientation toward the court as the existing residence, with the attached garage located along the south property line approximately three feet further back onto the lot than the existing garage setback, in order to comply with the minimum required 20-foot front yard setback. The proposed two-bedroom and one bathroom ground floor accessory unit would be located directly behind the garage, with entry access provided along the side south property line. The project design also maintains a lower 3:12 roof pitch, decorative foam corbels beneath the front garage roof eave to give the appearance of exposed roof beam ends, and horizontal roof lines along the street frontage in compliance with the City’s Design Guidelines for patio homes.
The revised plans have also relocated the full-height egress window for the rear second floor bedroom from the rear wall to south side wall to minimize privacy impacts to the residents to the rear of the project site. While this change to the window location does not meet with the City’s Design Guidelines discouraging full height side windows within 15 feet of a side property line, staff has confirmed in meeting with one of the adjoining homeowners of the property to the south that they have reviewed the revised plans and have no objection to the proposed full-height bedroom egress window on the second floor window facing their property.
As the revised project design satisfies the conditions of Architectural Committee approval from November 7, 2018, staff is recommending approval of the project.
ENVIRONMENTAL REVIEW
The project is Categorically Exempt pursuant to CEQA Guidelines Section 15303 - New
Construction or Conversion of Small Structures.
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 and appellant.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
On July 12, 2019, a notice of public hearing of 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. Public comments received are attached in the correspondence section to this report.
Public contact was made by posting the Commission agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the Planning Division Office at (408) 615-2450, email planning@santaclaraca.gov <mailto:planning@santaclaraca.gov> or clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Overrule the appeal and uphold the Architectural Committee’s decision approving the project, as modified by the revised plans received January 24, 2019 that address the Committee’s conditions of approval.
2. Sustain the appeal, overturn the Architectural Committee’s decision, and disapprove the project.
RECOMMENDATION
Recommendation
Alternative 1:
1. Overrule the appeal and uphold the Architectural Committee’s decision approving the project, as modified by the revised plans received January 24, 2019 that address the Committee’s conditions of approval.
Staff
Prepared by: Jeff Schwilk, Associate Planner, Community Development Department
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Reena Brilliot, Planning Manager
ATTACHMENTS
1. Appeal Request
2. Project Summary Data and Maps
3. Resolution to Uphold the Architectural Committee Approval
4. AC Staff Report 3533 Gibson Ct 11.07.18
5. Excerpt of Architectural Committee Meeting Minutes of November 7, 2018
6. Applicant Rebuttal to Appeal
7. Correspondence
8. Development Plans - Revised 01.24.2019