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HomeMy WebLinkAboutCC Resolution 9080 (91 Bret Harte Lane Appeal)RESOLUTION NO. 9 0 8 0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DENYING THE APPEAL OF THE PLANNING COMMISSION DECISION OF JUNE 29, 1993 RE: CONDITIONAL APPROVAL OF ED93-20, ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR A SINGLE FAMILY RESIDENCE LOCATED WITHIN 100' OF A RIDGELIKE; 91 Bret Harte Lane; Sherrod and Sharon Hixon, Owners; Harvey and Marilyn Rich, Appellants; AP No. 13-263-16 WHEREAS, an environmental and design review application was submitted for a single family residence located within 100 ' of a ridgeline at 91 Bret Harte Lane and found to be complete for processing; and, WHEREAS, the Planning Commission reviewed the proposal at a regular meeting on June 29, 1993, received the planning staff report recommendation, and voted (6 - 0-1) to approve said application; and, WHEREAS, Harvey and Marilyn Rich appealed the Planning Commission's approval of the environmental and design review permit to the City Council and requested that the approval be denied based on the following reasons quoted and listed as Points 1 through 8: Point 1: A fire hazard can be created during construction. Parking and material placement need to be regulated to allow fire access. Site clearing and site clean-up need to be part of the approval and there can be no smoking. Point 2: The home is too close to the western property line and encroaches into the side setback. It could potentially damage pine trees on the property line. The home is also too close to the street and should be set down the hill. Point 3: Mature landscaping should be required to provide natural screening to preserve the privacy of the Rich's home. Point 4: The location of the hot tub on the deck is an invasion of the Rich's privacy. It should be screened or moved. Point 5: The home should have a three car garage and three off street spaces. Parking along the road should not be permitted as this is a dangerous intersection. Point 6: There is no place for workmen to park except at the intersection of Bret Harte Lane and Bret Harte Road. This must be controlled. Storage and delivery of construction materials will create a fire hazard and parking problem. Point 7 The owner/builder should be required to keep the site and street clean at all times. Point 8 No radios should be allowed on the site and work hours should be limited to 8:00 a.m. to 4:30 p.m. and no work allowed on Saturday, Sunday, and holidays. and, WHEREAS, the conditions of approval were amended by the Zoning ,�i Administrator on August 11, 1993 to address the points of appeal; and, WHEREAS, the appellants did not withdraw their appeal; and, WHEREAS, the City Council considered the appeal at a duly noticed public hearing January 3, 1994 and received public testimony on this item from all interested parties; and, WHEREAS, the City Council determined that the appeal was without merit. NOW, THEREFORE BE IT RESOLVED that the San Rafael City Council hereby makes the following determinations and findings related to the points of the appeal: Point 1: A fire hazard can be created during construction. Parking and material placement need to be regulated to allow fire access. Site clearing and site clean-up need to be part of the approval and there can be no smoking. The City Council finds that the project will not create a fire hazard because conditions of approval requiring an operable water system prior to issuance of a building permit, requiring construction of a fire break, requiring debris to be cleared from the site on a weekly basis, and controlling parking by construction workers adequately address fire concerns. Point 2: The home is too close to the western property line and encroaches into the side setback. It could potentially damage pine trees on the property line. The home is also too close to the street and should be set down the hill. The City Council finds that the permit complies with the required 12'6' side yard setback and that conditions will protect trees during construction. The City Council further finds that issues relating to the front yard setback have been addressed by the variance to front yard setbacks granted for the project. Point 3: Mature landscaping should be required to provide natural screening to preserve the privacy of the Rich's home. The City Council finds that the existing mature pines along the lot line provide adequate screening for the Rich's residence. The approved landscape plan provides oaks on the downslope to screen the house from below. Point 4: The location of the hot tub on the deck is an invasion of the Rich's privacy. It should be screened or moved. The City Council finds that the proposed hot tub fully complies with zoning ordinance criteria listed in section 14.16.320 of the zoning ordinance. Point 5: The home should have a three car garage and three off street spaces. Parking along the road should not be permitted as this is a dangerous intersection. The City Council finds that the proposed four parking spaces fully comply with Zoning Ordinance requirements. The two offstreet parking spaces are off the pavement and have adequate width to provide clearance for vehicles. Point 6: There is no place for workmen to park except at the intersection of Bret Harte Lane and Bret Harte Road. This must be controlled. Storage and delivery of construction materials will create a fire hazard and parking problem. The City Council finds that conditions requiring a plan for the storage of building materials, debris boxes, and porta-toilets on the Hixon property and controlling parking address concerns with parking and storage. Point 7 The owner/builder should be required to keep the site and street clean at all times. The City Council finds that conditions requiring that all debris and waste be removed weekly address concerns with construction cleaning. Point 8 No radios should be allowed on the site and work hours should be limited to 8:00 a.m. to 4:30 p.m. and no work allowed on Saturday, Sunday, and holidays. The City Council finds that conditions limiting hours of construction adequately address noise concerns. BE IT FURTHER RESOLVED that the City Council denies the appeal and readopts the following findings of the Planning Commission: 1. The Environmental and Design Review application is in accord with the General Plan, the objectives of the zoning ordinance, and the purposes of this chapter. 2. The project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the R -20H Zoning District. 3. The project design minimizes adverse impacts and the project design will not be detrimental to the public health, safety or welfare nor materially injurious to properties or improvements in the vicinity. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Tuesday, the 18th day of January, 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE NE M. LEONCINI, City Clerk FILE NO.:ED 93-20 CONDITIONS OF APPROVAL: Public Works Deva=ent 1. An engineered site plan showing all existing and proposed site conditions shall be submitted with the application for a building permit. 2. A soils report shall be submitted with the application for a building permit. 3. The project soils engineer shall review and approve the plans submitted for a building permit for compliance with the recommendations of the report. 4. Drainage shall be connected to an approved drainage system across downhill properties or as per the recommendations of the original subdivision. 5. All earth and foundation work shall be done under the direction of a soils engineer and a final report shall be submitted prior to acceptance of the work. 6. An erosion control plan shall be submitted for approval by the City Engineer. 7. Erosion control plans shall show methods of controlling erosion and siltation during and after construction. 8. If drainage across downhill properties is proposed, a copy of the recorded easements allowing the improvement shall be submitted to the Building Department prior to issuance of any construction permits. 9. An Encroachment Permit shall be required for any work in the street right- of-way. 10. Prior to issuance of a building permit proof of a sanitary sewer connection shall be submitted from the Ross Valley Sanitary Sewer District #1. 11. Prior to issuance of a building permit proof of a water meter service connection shall be submitted from the Marin Municipal Water District. P91ice Dement 12. The address shall be in sequence with the numerical order of the street/building. FILE NO.: ED93-20 13. 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. 14. Exposed roof vents and ducts 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. 15. Perimeter walls, fences, trash storage areas etc., shall be built to prevent access to the roof or balconies. 16. Permanently fixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of 10 feet. This covering shall be locked against the ladder with a casehardened hasp secured with non -removable screws or bolts. If a padlock is used, it shall have a hardened steel shackle, licking at both heel and toe, and have a minimum of 5 pin tumbler operation. 17. 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 1/8 inch in thickness and shall have a minimum hardened steel throw of 1/2 inch. 18. Exterior main doors and doors leading from the garage areas into the private residence shall have a dead locking latch device with a minimum throw of 1/2 inch. A secondary lock is required and shall be a dead bolt lock with a cylinder garde and a hardened steel throw that is a minimum of 1 inch long. Both locking mechanisms shall be keyed the same. 19. Both locking mechanisms shall be interconnected so that both may be disengaged by turning the door knob from inside. 20. Exterior jambs for doors shall be so constructed or protected so as to prevent violation of the function of the strike plate from the outside. The strike plate shall be secured to the jamb by a minimum of two screws which must penetrate at least 2 inches into the solid backing beyond the jamb. 21. Front doors shall have a front door viewer that provides a minimum of 180 degree peripheral vision. 22. Exterior doors that swing outward shall have nonremovable hinge pins. 23. In -swinging exterior doors shall have rabbited jambs. FILE NO.:ED 93-2(1 24. Glass on exterior doors or within 40 inches of an exterior door shall be break resistant glass or glass -like material to the satisfaction of the police department. 25. 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 1/8 inch in thickness. The lock shall have a hardened steel throw of 1/2 inch minimum length. 26. Louvered windows shall not be installed within 8 feet of the ground level. 27. Any window in or within 40 inches of an exterior door shall be stationary and non -removable. 28. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture. 29. Any alternate materials or methods of construction shall be reviewed with the Crime Prevention Officer before installation. 30. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to occupancy. Fire Dever 31. Based on the limited access, an automatic residential fire sprinkler system shall be installed throughout conforming to NFPA Std 13D as modified by the fire marshal. In this case the roadway width may be reduced to 15'. 32. Addresses shall be posted conforming to Fire Prevention Std. 205. 33. 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. 34. A minimum 30' wide break (brush clearing) shall be maintained around the structure. 35. Spark arrestors shall be installed conforming to the UBC. 36. UL/SFM smoke detectors and openable bedroom windows shall be installed conforming to the UBC. r. riLr, nuy3-Lu 37. Based on the inaccessibility to ladder the building for rescue from bedroom windows, approved emergency escape ladders shall be installed on at least one window in each bedroom specified. Planning Department 38. The building techniques, materials, elevations and appearance of the project, as presented for approval, shall be the same as required for the issuance of a building permit. Any future additions, expansions, remodeling, etc., shall be subject to review and approval by the Planning Department. Approved plans are on file in the Planning Department. 39. The color scheme and building materials shall be consistent with those approved by the City's Design Review Board, as on file in the Planning Department. The exterior skin of the back wall (less visible due to the lattice) which is behind the catwalk shall be of the same quality materials as the rest of the proposed exterior facade. Any modifications to these approvals shall be subject to review by the Design Review Board and approval of an administrative Environmental and Design Review Permit. 40. The final landscape plan shall be consistent with the conceptual plan, as on file in the Planning Department. 41. Landscaping must meet the Marin Municipal Water District's water conservation rules and regulations. Prior to the issuance of a building permit or other authorization to proceed, the applicant must provide verification from MMWD stating that the landscape plan has been approved. 42. All landscaping shall be maintained in good condition and any dead or dying plants, bushes or trees shall be replaced with new healthy stock of a size compatible with the remainder of the growth at the time of replacement. Plants to be installed in the back planter boxes shall be of a hearty fast growing type. The planter box shall be the appropriate depth to support healthy vegetation. An automatic irrigation system shall be installed in the planter box. 43. Prior to the issuance of a building permit, an operable water system along with a hose shall be installed on the site. Additionally, a construction phasing plan, a construction worker's vehicle parking plan and a construction materials storage plan shall be submitted. 44. Site debris and construction materials waste shall be disposed of off the site once each week. 45. Prior to the beginning of construction and during construction, grass shall be short cut (not completely removed) at a distance of 30' out from the proposed building envelope. r1LII ivv..uv 70__U 46. Prior to the- cr_tunencement of construction fence -it slt..il be installed in such a way to protect the site trees as well as all tree drip lines. No construction, damaging activities or harmful substances shall be with in the drip lines of any of the previously mentioned trees. 47. Construction hours shall be between the hours of 8:00 A.M. and 5:00 P.M. Monday thru Friday. No work shall be done on weekends and holidays. 48. The location of the structure shall be moved two feet out and to the south, thus giving more footage to the guest parking spaces and Bret Harte Lane. A site plan showing this change shall be submitted prior to the issuance of a building permit. 49. This permit shall be valid for one year, or until January 18, 1996 unless a building permit is issued or a time extension granted by the Zoning Administrator. Variance Conditions of ADvroval 1. Approval is for an 8' variance for placement of the proposed two car garage and screen. 2. Plans for the proposed project must be consistent with the Conditions of Approval for the approved Environmental and Design Review permit. 3. This permit is valid for two years from the date of approval or until January 18, 1996.