HomeMy WebLinkAboutCC Resolution 10009 (35 Francis Ln Appeal Denial)RESOLUTION NO. 10009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DENYING THE APPEAL OF PLANNING COMMISSION APPROVAL OF
A SMALL SUBDIVISION (s96-13) AND AN ENVIRONMENTAL AND
DESIGN REVIEW PERMIT (ED97-61) FOR A NEW SINGLE-FAMILY
RESIDENCE; 35 St. Francis Lane;
AP No. 15-211-14
(Thomas Faimali and Marie Lavin, Appellants)
WHEREAS, on June 27, 1997, applications requesting a small subdivision to subdivide one parcel into two
and an Environmental and Design Review Permit for one single family residence at 35 St. Francis Lane
were found by the Community Development Department to be complete for processing; and,
WHEREAS, on October 28, 1997 the San Rafael Planning Commission held a duly noticed Public Hearing
on the proposed Small Subdivision and Design Review Permit applications, accepting public testimony
and the written report of the Planning Department staff and approved the applications; and,
WHEREAS, Thomas Faimali and Marie Lavin appealed the Planning Commission's approval of the Small
Subdivision and Environmental and Design Review Permit in a letter dated November 4, 1997. This letter
requests the approval be denied based on Points 1 through 3 listed below:
Point 1:
The existing view from a very open part of the appellants' house is currently a hillside with trees and the
new development will create a view of the back of a house.
Point 2:
The existing homes on St. Francis Lane are smaller and separated by dense vegetation which provides
privacy and the existing dwellings are not directly adjacent to each other which adds to the privacy. The
new house is proposing new trees and shrubs; however, it will take years for the new plantings to reach
the maturity of existing vegetation in the area and there are no assurances that the new plantings will be
maintained.
Point 3:
The change in view from a hillside and trees and the reduced privacy will reduce the value of their house
to future buyers.
WHEREAS, on January 20, 1998, the City Council held a duly noticed Public Hearing on the appeal of the
Planning Commission's approval of the Small Subdivision and Environmental and Design Review Permit,
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accepted public testimony and the written report of the Planning Department staff, closed the public
hearing and determined that the appeal was without merit;
NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council does hereby make the
following determination and findings relating to the Points of the appeal:
Point 1: The existing view from a very open part of the appellants' house is currently a hillside
with trees and the new development will create a view of the back of a house.
The portion of the appeal relating to Point 1 is denied. The City Council finds that the subject site is
currently developed with a single family house located on the St. Francis Lane side of the lot. The City's
General Plan, Zoning Ordinance, Subdivision Ordinance and Hillside Design Guidelines permit the
proposed subdivision and new house and the property owner has the right to the development. The
proposed subdivision will create a new lot which will be developed with a new single family residence
located on the hillside. The Faimali/Lavin house is located on the east side of the project site with the side
of the house facing the proposed new residence. There is approximately 35 feet between the
Faimali/Lavin house and the proposed new residence. The new residence is sited so that the main view
from the Faimali/Lavin residence is the east (side) elevation which is approximately 30 feet in width. New
landscaping has been provided along the property line. The Design Review Board has reviewed the
proposed new residence and has stated that the proposed lot pattern and house design is consistent with
the existing neighborhood and will not create an aesthetically offensive view.
Point 2: The existing homes on St. Francis Lane are smaller and separated by dense vegetation
which provides privacy and the existing dwellings are not directly adjacent to each other which
adds to the privacy. The new house is proposing new trees and shrubs; however, it will take years
for the new plantings to reach the maturity of existing vegetation in the area and there are no
assurances that the new plantings will be maintained.
The portion of the appeal relating to Point 2 is denied. The City Council finds that homes on St. Francis
Lane range in size from approximately 1050 sq. ft. to approximately 3250 sq. ft. with several homes
having additions of unspecified size. The proposed new residence is approximately 3500 sq. ft. and future
additions are not possible as the house is at the maximum square footage permitted by the Hillside
Design Guidelines. The proposed new residence has one narrow master bedroom window, one narrow
living room window and den windows facing the Faimali/Lavin house. The Design Review Board
recommended that the new residence would be compatible with the neighborhood. The new parcel is
proposed to be landscaped on all sides, with 15 gallon evergreen trees and shrubs which are multi -layered
along the rear property line as recommended by the Design Review Board and 15 gallon Arbutus
evergreen are proposed for the eastern property line adjacent to the Faimali/Lavin house. The project has
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been conditioned (conditions 67 and 68) so that the landscaping will be maintained for a period of two
years which is adequate time to ensure that the vegetation will survive.
Point 3: The change in view from a hillside and trees and the reduced privacy will reduce the
value of their house to future buyers.
The portion of the appeal relating to Point 3 is denied. The City Council finds that the Design Review
Board has recommended that the house is well designed, compatible with the neighborhood and would
not create an aesthetically offensive view. There are no policies in the General Plan, Zoning Ordinance or
the Hillside Design Guidelines that address property values and there is no evidence that there will be an
impact.
NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council denies the appeal and upholds
the Planning Commission's approval of the Small Subdivision and Environmental and Design Review
Permit, based on the findings stated in this resolution and project conditions of approval attached as
Exhibit A.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, HEREBY CERTIFY that the
foregoing Resolution was duly and regularly introduced and adopted at a Regular meeting of the City
Council of said City held on the Second day of February, 1998, by the following to wit:
AYES: Councilmembers COHEN, HELLER, MILLER & VICE–MAYOR PHILLIPS
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAINED: MAYOR BORO ABSTAINED DUE TO ABSENCE FROM
PREVIOUS MEE G./—'
JE NNE M. IONCINI, City Clerk
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EXHIBIT "A"
CONDITIONS OF APPROVAL (as approved by City Council 1/20/98)
Small Subdivision Map (s96-13)
Community Development Department
1. An easement for storm drainage purposes shall be created across the existing developed lot to
benefit the proposed upper lot to carry the remaining stormwater to the existing storm drain in St.
Francis Lane.
2. An easement for sanitary sewer purposes shall be created across the existing developed lot to benefit
the proposed upper lot.
3. Prior to issuance of building permits or prior to the recordation of a final subdivision map, whichever
occurs first, the developer shall pay to the City in lieu parkland dedication fees in accordance with the
provisions of City Ordinance 1558. Parkland dedication in lieu fees are at this time $1,810.54 based
on 1989 dollars. Adjustment of this figure may be necessary at the time of fee payment if the fair
market value for parkland and associated improvements is adjusted in accordance with Section
15.38.045 of the Ordinance.
4 The parcel map must include a building envelope within which all structures must be located. The
building envelope shall show a 16 foot rear yard setback.
5. Any single family home constructed on the lot requires an Environmental and Design Review permit
and is subject to the Hillside Residential Design Guidelines.
6. Any single family house proposed for the new lot shall be designed to direct enough drainage from the
site into the Highland Avenue drainage system so that there will be no increase (from present
conditions) of runoff from the new lot into the St. Francis Lane drainage system. Approved drainage
for the new residence may only be altered based on the following: (a) the St. Francis Lane drainage
system has been improved and it has been verified by the City Engineer that the system can handle
additional drainage; or, (b) a superior drainage system has been designed for the new single family
residence which has been reviewed and approved by the City Engineer and results in no net increase
in drainage to the St. Francis Lane drainage system. The City Engineer shall notify the property
owners of 31, 40, and 43 St. Francis Lane if a request to modify the drainage system is submitted to
the City. If, as a result of that notification, there is a dispute with respect to the adequacy of the
proposed alteration, a public hearing shall be scheduled at the Planning Commission to resolve the
dispute. A deed restriction shall be recorded reflecting this condition so that all future owners shall be
aware of the requirements.
7. The olive tree located on the southeast corner of new Parcel "B" shall be shown on the map and shall
be retained. Plans submitted for a grading permit shall indicate tree protection measures during
construction, consistent with the arborist report.
8. An engineered site improvement plan showing all existing and proposed conditions shall be submitted
with the application for a building permit.
9. A Level "B" soils report must be submitted with the application for building permits.
10. A Grading Permit is required.
11. Grading plans shall show all existing contours and proposed improvements.
12. Grading, drainage and foundation plans shall be reviewed and approved by the project soils engineer
for conformance with the project soils report prior to issuance of a building permit.
13. All earth and foundation work shall be accomplished under the direction of the project soils engineer
and a final construction report shall be required prior to occupancy.
14. An erosion control plan shall be submitted with the application for a building permit. The plan shall
utilize Best Management Practices.
15. No mass grading shall occur from October 15t through April 15th without the approval of the City
Engineer.
16. The site shall be winterized and all erosion control measures shall be installed prior to the first day of
October.
17. Erosion control plans shall show methods of controlling erosion and siltation during and after final
grading.
18. The improvement plans shall show all existing and proposed drainage facilities.
19. The improvement plans shall show the location of all existing and proposed sanitary sewer facilities.
20. An encroachment permit will be required for the construction of all frontage improvements.
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EXHIBIT "A"
21. The improvement plans shall show the location of all utilities.
22. This subdivision is approved for two years or until January 20, 2000 and shall become null and void
unless the parcel map is recorded or a time extension is granted. Prior to expiration, the applicant
may apply for an additional one year time extension.
Environmental and Design Review Permit (ED97-61)
Police Department
23. The street numbers shall be displayed in a prominent location on the street side of the property in
such a position that the number is easily visible to approaching emergency vehicles. The numbers
shall be no less than 4" in height and shall be of a contrasting color to the background to which they
are attached. The address numbers shall be illuminated during darkness.
24. The address shall be in a sequence with the numerical order of the rest of the street/building.
25. All exterior lighting shall be sufficient to establish a sense of well being to the pedestrian and one that
is sufficient to facilitate recognition of persons at a reasonable distance. Type and placement of
lighting shall be to the satisfaction of the Police Department.
26. All garden and exterior lighting shall be vandal resistant.
27. All exterior lighting shall be on a master photoelectric cell set to operate during hours of darkness.
28. The minimum of one foot-candle at ground level overlap shall be provided in all exterior doorways and
vehicle parking areas.
29. A minimum of one-half foot-candle at ground level overlap shall be provided on outdoor pedestrian
walkways.
30. Exposed roof vents and ducts of sufficient size to permit adult, human entry shall be grated or
constructed of an impact -resistant material to the satisfaction of the Police Department. Skylights
shall be secured and hatch openings shall be burglary -resistant. Glazing shall be of a burglary -
resistant glass or glass -like material.
31. Perimeter walls, fences, trash storage areas, etc., shall be built to limit if not in fact prevent access to
the roof or balconies.
32. All exterior doors shall be of solid core construction with a minimum thickness of one and three-
fourths (1-3/4") inches or with panels not less than nine -sixteenths (9/16") inches thick. Side garage
doors and doors leading from garage areas to private residences or multiple family dwelling
residences are included in this requirement.
33. Metal -framed glass doors shall be set in metal door jambs.
34. Glass sliding doors shall have a secondary type locking device to the satisfaction of the Police
Department. The secondary lock shall be a dead -bolt lock and shall be no less than one-eighth (1/8")
inch in thickness and shall have a minimum hardened steel throw of one-half (1/2") inch.
35. Exterior man doors and doors leading from garage area into the private residence shall have dead-
locking latch device with a minimum throw of one-half (1/2") inch. A secondary lock is required and
shall be a dead -bolt lock with a cylinder guard and a hardened steel throw a minimum of one (1 ") inch
long. Both locking mechanisms shall be keyed the same.
36. Metal -framed glass doors shall have a dead -bolt lock with a cylinder guard and a hardened steel throw
that is a minimum of one (1 ") inch long.
37. Exterior jambs for doors shall be so constructed or protected so as to prevent violation of the function
of the strike plate from outside. The strike plate shall be secured to the jamb by a minimum of two
screws which must penetrate into the solid backing beyond the jamb.
38. Front doors shall have a front door viewer that provides a minimum of 180 degrees peripheral vision.
39. Exterior doors that swing outward shall have non -removable pins.
40. In -swinging exterior doors shall have rabbeted jambs.
41. Glass on exterior doors or within 40 inches of an exterior door shall be break -resistant or glass -like
materials to the satisfaction of the Police Department.
42. All windows within 12 feet of the ground level shall have a secondary lock mounted to the frame of the
window. The secondary lock shall be a bolt lock and shall be no less than one-eighth (1/8") inch in
thickness. The lock shall have a hardened steel throw of one-half (1/2") inch minimum length.
43. Louvered windows shall not be installed within 8 feet of the ground level.
44. Any window in or within 40 inches of an exterior door shall be stationary and non -removable.
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EXHIBIT "A"
45. If desired, a list of barrier plants is available from the SRPD Crime Prevention Office at (415) 485-
3114.
46. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture.
47. Any alternative materials or methods of construction shall be reviewed with the Crime Prevention
Officer before installation.
48. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to
occupancy.
49. Though not required, it is recommended that any new construction be pre -wired for an intrusion alarm
system.
Fire Department
50. Addresses shall be posted conforming to Fire Prevention Std. 205.
51. Based on the required fire flow, an automatic residential fire sprinkler system shall be installed
throughout conforming to NFPA Std. 13D as modified by the Fire Marshal.
52. A permit application shall be submitted to the Fire Prevention Bureau with two sets of plans for review
prior to installation of all automatic and fixed fire extinguishing and detection systems. Specification
sheets for each type of device shall also be submitted for review.
53. Due to the wildland fire interface area fire retardant roof covering is required with a minimum Class "A"
listing.
54. A minimum 30 ft. wide, or to the property line when the structure is within 30 feet of the property line,
break (brush clearing) shall be maintained around the structure.
55. Spark arrestors shall be installed conforming to the Uniform Building Code (UBC).
56. UVSFM smoke detectors and openable bedroom windows shall be installed conforming to the UBC.
Community Development Department
Land Development Division
57. An engineered site improvement plan showing all existing and proposed conditions shall be submitted
with the application for a building permit.
58. A Level "B" soils report must be submitted with the application for building permits.
59. A Grading Permit is required.
60. Grading plans shall show all existing contours and proposed improvements.
61. Grading, drainage and foundation plans shall be reviewed and approved by the project soils engineer
for conformance with the project soils report prior to issuance of a building permit.
62. All earth and foundation work shall be accomplished under the direction of the project soils engineer
and a final construction report shall be required prior to occupancy.
63. An erosion control plan shall be submitted with the application for a building permit. The plan shall
utilize Best Management Practices.
64. No mass grading shall occur from October 15t through April 15'h without the approval of the City
Engineer.
65. The site shall be winterized and all erosion control measures shall be installed prior to the first day of
October.
66. Erosion control plans shall show methods of controlling erosion and siltation during and after final
grading.
67. The improvement plans shall show all existing and proposed drainage facilities.
68. Drainage from 65% of the roof area and the car deck area of the new home shall drain to Highland
Avenue. The car deck area shall be raised a few inches to insure that the drainage will flow to
Highland Avenue.
69. The portion of Highland Avenue, indicated per Drainage Plan prepared by I. L. Schwartz Associates,
dated 12/1/97, shall be improved with conform paving, curbing or drain piping to prevent drainage
from flowing across the subject property to St. Francis Lane or adjacent property.
70. A Type "D" v -ditch shown on the south property line of Parcel B shall be changed to a Type "B" v -ditch
or a modified Type "D" v -ditch with a minimum 9" depth.
71. The improvement plans shall show the location of all existing and proposed sanitary sewer facilities.
72. An encroachment permit will be required for the construction of all frontage improvements.
73. The improvement plans shall show the location of all utilities.
74. Any damage to a water line which crosses the subject property shall be repaired by the
applicant/developer.
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EXHIBIT "A"
Planning Division
75. This Environmental and Design Review Permit approves the design of a two lot subdivision as shown
on the plans prepared by William Schroeder & Associates dated September 1996, a single-family
residence and associated site development, grading and landscaping as shown on the plans prepared
by: Neeley/Lofrano Incorporated Architects, sheets A1.0, dated 7/28/97; A1.1, dated 7/31/97; A1.3,
dated 7/31/97; A2.1, dated 5/28/97; A3.1, dated 3/20/97; A3.2, dated 5/28/97; and L1.0, dated
4/02/97; and the revised Grading and Drainage and Erosion Control plans prepared by I. L. Schwartz
Associates dated 12/1/97. These plans shall be the same as required for the issuance of a building
permit. Any future additions, expansions, remodeling, etc., shall be subject to review by the Design
Review Board and approval of the Zoning Administrator.
76. Prior to issuance of a building permit traffic mitigation fees totaling $764.00, adjusted according to the
Lee Saylor Construction Index to take into account changes in construction costs, shall be paid. This
is based on a fee of $764.00 times 1 P.M. peak hour trip.
77. A 16 ft. rear setback is required. This setback shall be indicated on the site plan submitted for a
building permit. Should the location of the new house need to be modified to meet this 16 ft. rear
setback, it shall be shifted to the south and shall be limited to the minimum amount required to meet
the 16 ft. setback.
78. Prior to issuance of a building permit, the applicant is to comply with conditions of the Marin Municipal
Water District to obtain water service to the new building.
79. Prior to issuance of a building permit, a revised landscape plan showing trees and layered shrubs with
an evergreen palette on the downslope and on the north, 31 St. Francis, side to protect the adjacent
properties' privacy shall be submitted to staff for review and approval.
80. All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances
not entirely enclosed within the structure (on side of building or roof) shall be screened from public
view. The method used to accomplish the screening shall be indicated on the building plans and
approved by the Planning Department prior to issuance of a building permit.
81. The tree protection plan prepared by Jeffrey H. Smith, Certified Arborist, contained in the Arborist
Report dated May 30, 1997, shall be followed to preserve the trees on the site that may be impacted
by construction.
82. All landscape plans shall meet the requirements of the Marin Municipal Water District (MMWD). The
plans shall be submitted to MMWD for review and approval.
83. A two year landscaping bond shall be posted, or other agreeable method, to insure that all
landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris for a
period of two years.
84. All landscaping shall be installed prior to the occupancy of the building.
85. Construction of the new residence shall be limited to the hours of 8:00 AM to 5:00 PM, Monday
through Friday.
86. After the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 30 day
lighting level review by the Planning Department staff to insure compatibility with the surrounding area.
87. This design review approval is valid for a period of two years or until January 20, 2000, and shall be
null and void unless a building permit has been issued or a time extension has been applied for.
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