Loading...
HomeMy WebLinkAboutCC Resolution 12333 (171 Southern Heights - Denying Appeal)RESOLUTION NO. 12333 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DENYING AN APPEAL OF ALEZZ LAIELEN AND UPHOLDING THE PLANNING COMMISSION'S ACTION AFFIRMING THE ZONING ADMINISTRATOR DECISION TO APPROVE AN ENVIRIONMENTAL AND DESIGN REVIEW PERMIT (ED06-108) TO ALLOW ADDITION OF A 116 SQUARE -FOOT ENTRY INCLUDING A NEW STAIRCASE ON GROUND (UPPER) LEVEL, A 650 SQUARE -FOOT 2 -BEDROOM FLOOR IN THE EXISTING UNDER FLOOR SPACE, AND A 200 SQUARE -FOOT ELEVATED REAR DECK; AND TO ALLOW INTERIOR RECONFIGURATION TO COMBINE TWO EXISTING BEDROOMS INTO ONE BEDROOM AND ADDITIONAL REMODEL ON MAIN (LOWER) LEVEL OF AN EXISTING, 2 -STORY SINGLE FAMILY RESIDENCE AT 171 SOUTHERN HEIGHTS BLVD. (APN: 012-232-30) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: WHEREAS, on December 1, 2006, Pete Kasten, the property owner, submitted an application for an Environmental and Design Review Permit (ED06-108) for addition of a 116 sq. ft. entry including a new staircase on ground (upper) level, a 650 sq. ft. 2 -bedroom floor in the existing under floor space, and a 200 sq. ft. elevated rear deck; and to allow interior reconfiguration to combine two existing bedrooms into one bedroom and additional remodel on main (lower) level of an existing, 2 -story single family residence at 171 Southern Heights Blvd.; and WHEREAS, on December 29, 2006, the Community Development Department, Planning Division, deemed the application incomplete and required additional information; and WHEREAS, upon review of the resubmitted information, the Community Development Department, Planning Division, deemed the project application as complete on February 2, 2007 and scheduled it for a Zoning Administrator hearing; and WHEREAS, upon review of the project it has been determined to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301(e)(1) (Existing Facilities) of the CEQA Guidelines, which exempts additions to existing structures that result in an increase of less than 50% of the floor area of the structures before the addition, or 2,500 sq. ft., whichever is less. WHEREAS, on February 21, 2007, the Zoning Administrator held a duly -noticed public hearing to consider the Environmental and Design Review Permit application, accepting all oral and written public testimony. The Zoning Administrator conditionally approved the Environmental and Design Review Permit based on the findings required by the Zoning Ordinance; and WHEREAS, within the statutory appeal period, Alezz Laielen, owner of 196 Southern Heights Blvd, filed an appeal of the Environmental and Design Review Permit (ED06-108) together with the required filing fee; and I LV WHEREAS, on May 22, 2007, the San Rafael Design Review Board held a duly -noticed public meeting to consider the design issues raised in the appeal and accepted the written report of Community Development Department staff and all oral and written public testimony; and WHEREAS, the Design Review Board recommended that the proposed project design is appropriate provided the porch above the entry be extended to cover the entire landing and the supporting columns be extended to the ground; and WHEREAS, for review by the Planning Commission, the applicant submitted revised plans to incorporate the Design Review Board's recommended change to the entry porch; and WHEREAS, on June 12, 2007, the San Rafael Planning Commission held a duly -noticed public hearing to consider the appeal and accepted the written report of the Community Development Department staff and all oral and written public testimony. The Planning Commission adopted Resolution No 07-11, denying the appeal and upholding the Zoning Administrator's decision to conditionally approve the Environmental and Design Review Permit, including the modification to the entry porch recommended by the Design Review Board; and WHEREAS, on July 19, 2007, within the statutory appeal period, Alezz Laielen again filed an appeal of the Planning Commission action upholding the Zoning Administrator's approval of the Environmental and Design Review Permit (ED06-108), together with the required filing fee; and WHEREAS, on August 6, 2007, the San Rafael City Council held a duly -noticed public hearing to consider the appeal and accepted the written report of the Community Development Department staff and all oral and written public testimony. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Rafael does hereby deny the appeal of the Planning Commission's decision and upholds the approval of Environmental and Design Review Permit (ED06-108) application for the modifications and additions to the existing, 2 -story single-family residence at 171 Southern Heights Blvd based on the following findings: 1. The design of the proposed upper (ground) level, lower (main) level and new basement floor, as conditioned below, is in accordance with the City of San Rafael General Plan 2020, the objectives of Title 14 of the City of San Rafael Municipal Code (the Zoning Ordinance) and the purposes of Chapter 14.25 of the San Rafael Zoning Ordinance (Environmental and Design Review Permits) because: a. It has been designed consistent with the following General Plan Policies: LU -12 (Building Heights), LU -23 (Land Use Map and Categories), NH -2 (New Development in Residential Neighborhoods), NH -8 (Parking), CD-ld (Landscape Improvement), CD -2 (Neighborhood Identity), CD -13 (Single -Family Residential Design Guidelines) because: i. The project meets and does not exceed the maximum height requirement of the R-7.5 district (LU12); ii. The project is consistent with its General Plan Land Use designation of Low Density Residential (LU -23). The project does not exceed the Gross Density of Units per acre for Low Density Residential, which is 2 — 6.5 units per acre (LU -23); 2 iii. The project preserves and enhances the residential character of the neighborhood by maintaining neighborhood compatibility (NH -2, CD -2 and CD -13) given that a) the proposed project is consistent with the neighborhood and maintains and supports the existing character and development pattern of the neighborhood by integrating the proposed addition and pursuing a design that is compatible with the neighborhood residences; and b) the proposed project respects the character of neighborhood by limiting the impact of the residential addition, by meeting all development and parking standards. b. The project has been designed consistent with the general objective to promote design quality in all development pursuant to chapter 14.01.030(1) (Title 14 -Purposes) of the Zoning Ordinance; in that the roof for the new entrance and the re -roof for the existing garage have been designed consistent with the existing low-pitched roof with composition shingles and therefore would be consistent with the roof forms on the original structure, and would minimize the mass and bulk of the structure. c. The project design is consistent with the specific purposes of Residential (R) districts to protect and enhance the existing residential neighborhood pursuant to chapter 14.04.010 (Residential Districts -Specific Purposes) of the Zoning Ordinance. The proposed project has been designed consistent with the varied designs and heights of the existing neighborhood residences; and d. The proposed design is minimum and the roof for the new entrance and the re -roof for the existing garage would be consistent with the existing low-pitched roof with composition shingles and would therefore, minimize the project impact on adjacent residences pursuant to chapter 14.25.010 G. (Environmental and Design Review Permits -Specific Purposes) of the zoning ordinance. 2. The design of the upper (ground) level, lower (main) level and basement additions at 171 Southern Heights Blvd., as conditioned below, is consistent with all applicable site, architecture and landscaping design review criteria and guidelines of the Single—Family Residential (R7.5) district in which it is located because: a. The proposed project has been reviewed for consistency with the existing architecture of the principal dwelling in terms of materials (wood siding, and a composition -shingles roof) and scale by the Community Development Department, Planning Division; b. The proposed project would be consistent with the minimum required front (15 feet), side (6 feet) and rear (10 feet) yard building setbacks, the maximum permitted building height of 30 feet as measured vertically from existing grade to the top of the roof, and the maximum percentage of the subject site permitted to be covered by roofed structures; c. The proposed project includes no additional windows that face the side and rear yard which may negatively impact the privacy of adjacent property owners. Due to their location at the basement level, the proposed new windows on the rear and south side of the basement will not negatively impact the privacy of any adjacent property owners. d. The proposed project includes window trim features or elements and building materials designed to be consistent with that of the existing structure; 3 e. The proposed project would be compatible with the design character and scale of the surrounding neighborhood with single-family residences with varying design and heights; and f. The proposed project would not create shading impacts to active recreational areas in the rear and/or side yards of the parcels adjacent to 171 Southern Heights Blvd. The design of the upper (ground) level, lower (main) level and basement additions at 171 Southern Heights Blvd., as conditioned below, is consistent with all applicable development standards for hillside development (Section 14.12.030) district in which it is located (due to its 68% slope) because: a. The new additions comply with the building stepback requirement of 20 -ft. height limit for front, side and downhill slope walls given that the project does not propose any new walls in the stepback zone and would utilize existing underfloor space. b. Although, the existing development on the project site is non -conforming as to the required amount of undisturbed Natural State (25%+68% average slope=93%, not to exceed a maximum of 85%) the proposed project will not result in additional disturbance of the Natural State and would continue to maintain 68% of the lot as disturbed. With the existing and proposed gross building square footage of 2,384, compared to the maximum allowed footage of 3,138 sq. ft. (2,500 sq. ft. + 10% of 6,375 sq. ft.), the proposed project is consistent with the maximum permitted gross building square footage requirement. d. The proposed project is not a ridgeline development. e. The proposed project does not generate any new parking requirements. 4. The design of the additions to ground (upper) level, main (lower) level and (basement) floor under the main residence at 171 Southern Heights Blvd., as conditioned below, minimizes potential adverse environmental impacts because: a) The grading is minimal as proposed; and b) The proposed additions would not result in the removal of existing vegetation or significant trees. 5. The design of the additions to ground (upper) level, main (lower) level and (basement) floor under the main residence at 171 Southern Heights Blvd., as conditioned below, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity of the project site, or to the general welfare of the City of San Rafael because: a. The proposed project has been reviewed by appropriate City departments and submitted to the Southern Heights Neighborhood Association. Conditions of approval have been applied to minimize potential adverse visual, design, and safety impacts to the project site, adjacent properties and the surrounding neighborhood. b. The proposed project does not indicate a use that is prohibited in R7.5 Zoning District, but is permitted by right under Section 14.04.020 of the San Rafael Municipal Code. 6. Pursuant to Section 15301 of California Environmental Quality Act (CEQA), additions to existing private structures that result in an increase of less than 10,000 square feet are exempt from the 4 requirements of CEQA, if the project is located in an area that is served by all available public utilities to allow for maximum development permissible under the General Plan and if the project is located in an area that is not environmentally sensitive. The project would add a 116 sq. ft. entry including a new staircase on ground (upper) level; add 200 sq. ft. rear deck, combine two bedrooms into one bedroom, enlarge living area, remove existing kitchen and convert a game room into kitchen on main (lower) level; and add a new 650 sq. ft. 2 -bedroom (basement) floor under the existing two-story single family residence with a 1,618 sq. ft. foot -print on a 6,375 sq. ft. lot located at 171 Southern Heights Blvd. Since the proposed addition doesn't exceed fifty percent of the floor area of the original structure, or 2500 square feet, this addition meets the requirements for a categorical exemption under Section 15301 of CEQA. BE IT FURTHER RESOLVED, that the City Council of the City of San Rafael does hereby deny the appeal and uphold the Zoning Administrator's decision to approve the Environmental and Design Review Permit (ED06-108) subject to the following conditions of approval: Communitv Development Department, Planning Division The building techniques, materials, elevations, and appearance of the project, as presented for approval on plans titled Proposed Addition and Remodel, 171 Southern Heights Blvd., San Rafael, CA; prepared by Deb Cox and stamped approved on February 28, 2007, shall be the same as required for issuance of a Building Permit (except those modified by these conditions of approval). Any modifications or revisions to the project shall be subject to review and approval of the Community Development Department, Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the original decision-making body, the Zoning Administrator and the Design Review Board, if necessary. 2. This Environmental and Design Review Permit (ED06-108) shall be valid for one (1) year, or until August 6, 2008, unless a building permit has been issued and remains valid, or a time extension is granted. 3. The building permit plans shall show an existing storage area located below the existing driveway. 4. Plans submitted for a Building Permit shall include a plan sheet, which incorporates these conditions of approval. As an alternative, a copy of the conditions of approval shall be attached as a separate document to each set of plans. 5. The existing fence along the northerly portion of the front property line and along the northerly side of the existing driveway shall be replaced with a fence consistent with Section 14.16.140 Fences of the Zoning Ordinance. The building permit plans shall include plans for the new fence. The new fence shall be constructed prior to occupancy. 6. The building permit plans shall include plans for repairing and stabilizing an existing planter box in front of the existing living room. The planter box shall be repaired and stabilized prior to final sign off on the building permit. Prior to the issuance of a building permit, the applicant shall install a 6 -ft. high chain link, or wooden fence along the rear property line. 8. To ensure adequate circulation, parking, and access for emergency vehicles in this hillside area, the applicant shall submit a construction management plan to the Planning Division for approval before Building Permit submittal. The plan shall specify the methods and locations of employee parking, material drop-off, storage of materials, storage of debris and method of its disposal, size limits on delivery vehicles, construction days and hours, and appropriate safety personnel. 9. The building permit plans shall include details of a skirting along the rear and sides of the new basement floor. The proposed skirting shall be designed and built consistent with the existing siding and color of the existing residence. 10. No part of the existing landscape including any trees shall be removed, except for the one pine tree located close to northerly side of the existing residence, that is allowed to be removed for fire safety. 11. Prior to the submittal of building permit plans for the project, the applicant shall submit to the Community Development Department, Planning Division, for their review and approval, a plan for the improvement of the front yard. The plan shall include details of the proposed landscaping, gate/s, handrails and the floor. The plan shall need to be approved prior to the submittal of the building permit plans and shall be made part of the project building permit plans. 12. Prior to the issuance of a building permit, the project plans shall be revised to extend forward the roof over the entry landing to cover the entire landing and to extend the porch columns to the ground. 13. Contractor Contact Information Posting: Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street. 14. Construction Hours: Construction hours shall be limited to 7 a.m. to 5 p.m., Monday through Friday and Saturday from 9: 00a.m to 5:OOp.m. Construction shall not be permitted on Sunday or City - observed holidays. Construction activities shall include delivery of materials, arrival of construction workers, start up of construction equipment engines, playing of radios and other noises caused by equipment and/or construction workers arriving at or on the site. 15. On -Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 16. Archeological Features: In the event that archaeological features, such as concentrations of artifacts or culturally modified soil deposits including trash pits older than fifty years of age, are discovered at any time during grading, scraping, or excavation within the property, all work shall be halted in the vicinity of the find, the Planning Division shall be notified, and a qualified archaeologist shall be contacted immediately to make an evaluation. If warranted by the concentration of artifacts or soils deposits, an archaeologist shall monitor further work in the discovery area. If human remains are encountered during grading and construction, all work shall stop in the immediate vicinity of the discovered remains and the County Coroner and a qualified archaeologist 0 shall be notified immediately so that an evaluation can be performed. The Coroner shall contact the Native American Heritage Commission, if the remains are deemed to be Native American and prehistoric, so the "most likely descendant" can be designated. 17. Occupancv: Prior to final sign off on the building permit, the applicants shall contact the Community Development Department, Planning Division, to request a final inspection. This inspection shall require a minimum of 48-hour advance notice. Communitv Development Department, Building Division 18. The design and construction of all site alterations shall comply with all applicable codes and regulations in effect at the time of plan submittal and building permit issuance. Currently, the applicable codes are the 2001 California Building Code, 2001 Plumbing Code, 2004 Electrical Code, and 2001 California Mechanical Code. 19. A building permit is required for the proposed work. Building Permit application shall be accompanied by three (3) complete sets of construction drawings to include: a. Architectural plans, b. Structural plans, c. Electrical plans, d. Plumbing plans, e. Mechanical plans, f. Fire sprinkler plans, g. Landscape/irrigation plans, h. Site/civil plans, i. Structural calculations, j. Truss calculations, and k. Title -24 energy documentation. 20. Each building shall have address numbers posted in a conspicuous place, clearly visible from the street. Numbers shall be minimum 4" in height, contrasting in color to their background, and either internally or externally illuminated. 21. Based on our calculations, we have determined that this proposed project meets the definition of `substantial remodel' and therefore, fire sprinklers will be required throughout the building. Separate application by a C-16 contractor is required. 22. A written Vegetation Management Plan (VMP) shall be submitted to the Fire Department following Fire Department VMP guidelines. This VMP will be completed prior to occupancy. 23. School fees will be required for the project. School fees for residential construction are currently computed at $2.05 per square foot of new living area. Calculations are done by the San Rafael City Schools, and those fees are paid directly to them prior to issuance of the building permit. 7 Public Works Deuartment 24. New roof drainage to be directed away from the foundation and to landscape areas for treatment, prior to discharge to City's storm drain system. 25. An encroachment permit is required for work in the right of way. 26. A Best Management Practice plan shall be included in the building plan submittal. For a copy of the BUT plan call Steve Zeiger at 415-485-3435 For questions regarding Public Works conditions, please contact Cheng Yeo at 415-485-3361. I, JEANNE M. LEONCM, Clerk of the City of San Rafael, hereby certify that the forgoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held Monday, the 6'' of August, 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE M. LEONC , City Clerk