STUDY SESSION

FROM:

Planning Commission / DATE:

Lisa Newman, Senior Planner ~

May 24,2016 TO:

SUBJECT: 550 Miller A venue - STUDY SESSION for Design Review, Conditional Use Permit and Tree Permit- Jessup Associates Architects - Peng Chen, Owner­APN 048-134-06- File No. PL14-4261

PROJECT DESCRIPTION

This is a Study Session to consider a Design Review, Conditional Use Permit and Tree Removal Permit for a mixed use residential and commercial redevelopment project at 440 Miller Ave. The proposed project is located on the southwest side ofMiller Avenue. The proposed project site is a 12,556 square foot lot located within the C-N (Neighborhood Commercial) Zoning District.

The mixed-use proposal includes a 745 sq. ft. commercial space is located on the ground floor at the front of the site and 6 residential units, of which 5 are multi-family rental units and 1 is single-family detached unit. The multi-family units total 5,140 sq. ft. in area with 784 sq. ft. of common area and 2,801 sq. ft. garage. Consistent with the City's Inclusionary Housing requirements, one of the multi-family units would be provided at below market rates. Also, one unit would be ADA compliant. The single-family unit is 1,815 sq. ft. with a 451 sq. ft. garage. An existing accessory structure would provide storage space for the 6 residential units.

The multi-family units each have private deck areas (from 58 sq. ft. (Unit A) to 271 sq. ft. (Unit C) and a common space that totals 784 sq. ft. (119 sq. ft. on the first floor and 665 sq. ft. on the second floor. The units range in size from 706 sq. ft (Unit A above the commercial space) to 1,099 sq. ft. (Sheet A.1 ).

Access to the site would be via a new 20-ft wide driveway. A total of 13 on-site parking spaces are proposed, consisting of 12 residential spaces (9 multi-family spaces, including 1 handicapped space and 3 single-family spaces) and 1 commercial parking space. Two additional commercial spaces are proposed along the property's Miller A venue frontage.

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EXISTING CONDITIONS

The site is located within the AO Flood Zone and is gradually up-sloping from Miller A venue with three existing one-story structures on the site, three mature trees located toward the front of the property, and 4 small-medium sized trees located toward the back. A privately-owned 10-ft wide strip of land located adjacent to the west property line contains a drainage facility for uphill and adjacent properties.

Adjacent uses include 546 Miller Avenue (to the west) that contains a 2-story building with a veterinary office with residential use above and 554 Miller Avenue (to the east), which has a 2-story building with professional office and student tutorial spaces.

The proposed project requires the removal of the existing driveway, site walkways, stairs, retaining walls and two of the three structures on the site. These structures are the large commercial building closest to Miller A venue (Building #3 on Sheet A 1.1) and the single­family residence at the rear of the site (Building #1). Structure #2, is to be remodeled and used for storage for all six living units.

STAFF ANALYSIS

General Plan Compliance

The new Mill Valley 2040 General Plan (MV2040) was adopted in October 2013. The General Plan, including the Housing Element, anticipated the impacts and provision of housing from the currently approved development (2 residential units and 1,952 sq. ft. commercial space). The MV2040 sets out minimum and maximum density requirements for residential land uses within the City. The Commission should review the application in the context of the General Plan land use density and policies below.

• The Mill Valley 2040 General Plan implements minimum and maximum density requirements for zones within the City. For the C-N Zone, the minimum density is 17 dwelling units/acre and the maximum density is 29 dwelling units/acre. However, Land Use Policies LU-2 and LU-3 allow for reduction of the density as provided below:

• LU 1-2: New residential development or remodels should avoid a design approach or architectural features that exaggerate height, bulk or mass and create incompatibilities in relation to neighboring properties, distant public views from across a canyon or other parts ofthe City, or views from the public right-of-way.

• LU 1-3: The residential density (dwelling units per acre) of a new or redeveloped residential development project or residential development as part of a mixed- use project may be reduced to below the minimum density established by this General Plan where there is adequate evidence in the record that the physical characteristics of the site (including but not limited to lot size, slope, habitat value, soil conditions, flood hazard, etc.) or other conditions identified through the environmental review process clearly indicate that the minimum density cannot be met without appropriate

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mitigation or is determined to be detrimental to the health, safety, or welfare of the community.

The required density for a 12,556 sq. ft. site would be between 5 and 8.5 units. The project proposal falls within this range with 6 residential units and a modest 746 sq. ft. commercial space. The site has slope, drainage and flood plain challenges to development that could allow for modifications to the proposed density should the Commission feel that the site development intensity is too high given these constraints.

Zoning and Design Guideline Compliance The C-N Zoning District regulations (MVMC 20.40.030 (U)) require the Planning Commission to establish the property development standards that will apply to the development at the time of approval of the Conditional Use Permit for residential units in the C-N zone. The currently proposed development standards are listed in the applicant's Site Data Table, Attachment 2.

The C-N Zoning District regulations (20.40.050) further provide that the maximum building height is 35 feet. No other site development restrictions are imposed (e.g., yard setbacks, lot coverage). The Site Data Table includes a column showing the draft Multi-Family Development Standards for comparison with the current development standards, which have not been formally adopted at this time. The comparison indicates that the project would meet the proposed 50% Lot Coverage maximum. The draft multi-family parking standards are subject to change.

The Commission should review and comment on the following project components:

• Height, bulk and mass of the mixed-use coinrnercial/residential building and its relationship to Miller A venue

o The plans indicate that the project meets the 35-foot height maximum for the site. o The commercial space is located 4 feet above the sidewalk due to flood zone

requirements and given this offset relationship to the street, would likely be better suited to office use than retail use. The Commission should comment on whether the size of the commercial space is appropriate for the site given this constraint.

o The project is primarily residential. Is the single-family unit an appropriate use and location at the rear of the property?

• Architectural Design. Comment on the architectural design and materials proposed for the buildings. Very limited information has been provided that includes:

o Horizontal wood siding interspersed with stucco and composite shingle roof o The gable rooflines, balconies, and proposed materials provide some articulation and

variation but the design appears quite generic at this point o The applicant provided a color and material board with a narrow range of beige and

brown colors for the stucco, wood siding and exterior trim, with bronze wood clad windows and doors. This will be available at the meeting.

• Multi-family Residential and Site Design. Staff notes the following concerns: o A connection has not been provided from the multi-family parking garage to the

elevator/stair in the commercial public area.

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o Access to the storage structure may be impeded by the location of the single-family unit guest parking space.

o Removal of 7 trees is proposed yet very limited areas for site landscaping have been provided. Note that on Sheet C-2, these planters are proposed for bioretention to minimize site drainage impacts.

o The site is located in the WUI zone, so a VMP will be required.

• Site Circulation. The driveway and parking plan have been preliminarily reviewed by Public Works staff and are acceptable.

• Preliminary Drainage. Public Works staff required a preliminary drainage plan and found the proposal on Sheet C-2 acceptable for Study Session review.

• Parking Standards for Commercial Use. Section 20.60.90 requires: 1 space for every 225 sq. ft. of gross floor areafor professional business and 1 per 250 sq. ft. for retail. The 746 sq. ft. commercial space would require 3 parking spaces and 1 is proposed onsite. The applicant would like to discuss the potential to utilize on-street parking spaces to count toward the total parking requirement. This would be consistent with General Plan policies in support of shared parking and past practice for other Miller A venue development proposals.

• Parking Standards for Residential Use. Section 20.60.90 requires: 2 parking spaces per dwelling unit plus 114 of a parking space for each unit for guest parking. In developments of more than 4 units, the guest parking shall be provided on the site. For the 5 multi-family units, 11 spaces are required and 9 are provided onsite. The single-family unit is required to have 2 spaces and 3 are proposed (2-car garage and 1 guest space). The Commission should comment on the location and quantity of proposed residential parking.

• Affordable Housing. The City's Inclusionary Housing Ordinance (MVMC 20.80) requires any development greater than four units to provide affordable housing units in the project. The project proposes one below market rate unit.

• Environmental Review. The project will require an Initial Study to determine if the project would result in any significant environmental impacts. The Commission should comment on topics of concern and whether additional technical studies should be provided by the applicant. Likely topics of concern include geology, grading/drainage, hydrology, and transportation. The CEQA Initial Study will be prepared for review prior to the Design Review hearing on the applications.

In addition to the Study Session design issues identified above, further technical information will need to be provided prior to Desi'gn Review and preparation of the Initial Study. Staff requests that the Commission comment on the following list:

• Geotechnical report that provides preliminary design recommendations for foundations and retaining walls.

• Grading plan and calculations, performed by a civil engineer. • Detailed drainage study that clearly demonstrates the following:

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1. Onsite drainage can be effectively collected and moved offsite (via Miller frontage) without impact to existing/proposed improvements; 2. Offsite run-on can be eliminated from the site; 3. Any proposed modifications/improvements to the existing drainage tract between 542 and 550 have supporting analysis and are done so with concurrence of the land owner.

• Construction Management Plan will be required. • Vegetation Management Plan will be required.

PUBLIC COMMENT: No public comments .have been received at the time of this staff report.

ATTACHMENTS

1. Applicant's Project Description dated November 10, 2015 2. Applicant's Site Data Table

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Jessup Associates Architects , Inc.

USE PERMIT PROJECT DESCRIPTION CHEN PROPERTY 550 MILLER AVENUE

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RECE\VED t Planning Depurtm~m.

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The existing property at 550 Miller Avenue is zoned C-N, is located in the AO flood zone and is a gradually up-sloping, north facing site with three one story structures haphazardly located on the property and 3 mature trees along the front. The properties directly adjacent to 550 Miller Avenue include a 2-story building with professional office and student tutorial spaces to the east along Miller Avenue at 554 Miller Avenue, two 2 and 3-story residential apartment buildings at 14 and 16 Gomez Way to the southeast and south. The property to the southwest at 548 Miller Avenue is presently slated for a multi unit condominium development, and the property to the west at 546 Miller Avenue is a 2-story building with a veterinarian office below and residential above. There exists a privately owned 1 0' wide strip of land along the west property line that serves as a drainage facility for uphill and adjacent properties.

The proposed project for this property requires the removal of the existing driveway, site walkways, retaining walls, stairways, structures #1 and #3 as well as the 3 mature trees in the front of the property and the 4 small to medium sized trees towards the back of the property to allow for a mixed use development with a 7 46 square foot ground floor commercial/retail space at the front of the site with a parking garage behind and five one and two story multi-family residential rental units above. At the rear of the property, an 1,815 square foot single family residence with attached two car, 451 square foot garage is proposed. Structure #2 is to be remodeled and used for storage for all six living units. A total of thirteen parking spaces have been provided on site with a 20' wide access driveway from Miller Avenue. One of the multi family units will be designated for low income as well as one unit will be ADA compliant. Landscape features include a living fence along the west side of the property, on grade planting areas, garbage/ recycling enclosure, and public/private outdoor living spaces. Much of the rear of the property will maintain a natural look with existing shrubs providing privacy screening.

The proposed uses for the property will be a huge improvement to this neighborhood and site from it's existing fairly run-down condition and will in no way be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood, nor be detrimental or injurious to property and improvements in the neighborhood, nor to the general welfare of the City for the following reasons: 1 . The proposed commercial/retail space will provide a presence along the Miller

Avenue street frontage which has been missing with the existing structure set back 15'-20' from the front property line and hidden by mature trees. This presence will strengthen the continuity of the street scape and bring more commerce and stability to this commercial area.

444 Mille r Avenue Mill Valley CA 94941 415•388•8618 jessupinc@aol.c om www.jessupassoclatesarchitects com

2. The project includes 13 on site parking spaces which support the proposed residential uses and does not exacerbate the existing street parking.

3. The proposed street front elevation is 2-story with sloping roof away from the street. The height of the roof is lower than the adjacent structure roof line at 554 Miller Avenue and the third story is stepped back 13.75' from the front property line.

4. The re-development of the site will create a safer and more attractive street environment, improve the condition of the site, allow for better and safer vehicular and pedestrian access from Miller Avenue and utilize appropriate storm water drainage facilities and methods.

5. The 5 multi-family living units will provide much needed housing along the Miller Avenue Corridor.

6. The proposed single family residence towards the rear of the property is essentially a 1-story structure and does not in any way affect views or privacy of the adjacent multi-family neighbors at 14 and 16 Gomez Way.

7. The project steps up the slope of the site and creates a minimal amount of grading, and is well within the height limits for the property.

8. The architectural massing of the structures is well articulated to avoid massive walls and creates forms that relate well to the surrounding structures.