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HomeMy WebLinkAboutCC Resolution 8219 (26 Wildwoood Way)RESOLUTION NO. 8219 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAL DENYING THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF UP89-10, APPROVING A CONDITIONAL USE PERMIT FOR A SECOND DWELLING UNIT AT 26 WILDWOOD WAY WHEREAS, UP89-10 was submitted in March of 1989, to construct a 525 sq. ft. single dwelling unit; and WHEREAS, the use permit application is exempt from environmental review, per Section 15303(e) of the California Environmental Quality Act; and WHEREAS, the Planning Commission considered UP89-10 July 25, 1989, and continued the item; and WHEREAS, the Planning Commission considered UP89-10 on November 14, 1989, and approved the project; and WHEREAS, the matter was then appealed to the City Council and the City Council heard the matter at a duly noticed public hearing on January 2, 1990, and continued the item; and WHEREAS, the City Council reconsidered UP89-10 on March 26, 1990 and continued the item; and WHEREAS, the City Council reconsidered UP89-10 on August 6,1990; NOW, THEREFORE BE IT RESOLVED that the San Rafal City Council denies the appeal of the Planning Commission's approval of a second dwelling unit at 26 Wildwood Way and approves UP89-10 with the following conditions: (a) Construction of the second dwelling unit shall be consistent with Alternative Two, as depicted on Exhibits A and B. (b) The underpinning for the proposed deck shall be screened. Proposed screening shall be submitted to the Planning Department for approval prior to the issuance of a building permit for the addition. PAGE 1 ORIPIIN6'- (c) The second unit may be leased or rented but not sold or subdivided for the purpose of individual sale of the units. (d) Either the second unit or the primary unit must be owner occupied unless an exception is granted pursuant to the San Rafael Zoning Ordinance. (e) Prior to issuance of a building permit, the findings and conditions of this use permit shall be recorded with the Couty of Marin so that subsequent owners of the property will have knowledge of the terms under which the second dwelling unit may legally be occupied. The applicant shall provide written proof of the recordation prior to occupancy. Failure to do so will cause revocation of this approval and may lead to the abatement of the second unit. (f) As there are adjacent residences, construction hours shall be limited to 8:00 AM to 5:00 PM, Monday through Friday. (g) The color scheme is subject to review and approval by the Design Review Board prior to the issuance of a building permit. The building color shall not be white. Sand or some similar soft earthtone is acceptable. (h) Detailed landscaping and irrigation plans shall be submitted to the Planning Department for approval by the Design Review Board prior to issuance of a building permit. Final landscape plan shall be consistent with preliminary plan dated October 31, 1989, as filed with the Planning Department. All landscaping shall be installed prior to occupancy of the second dwelling unit. (i) Prior to the occupancy of the second dwelling unit, the applicant shall provide a two year maintenance contract for landscaping or post a two year maintenance bond. (j) Prior to issuance of building permits, the applicant shall pay a traffic mitigation fee of $578.00 adjusted by the Lee Saylor Construction Index since September 1986. This fee is based on adopted fee of $680 per PM peak period trips in September 1986 dollars X .85 trips. (k) This use permit is approved for one year, or until Aueust 6, 1991, and shall become null and void if a building permit is not issued unless a time extension is granted by the Zoning Administrator. This use shall comply with the Second Dwelling Unit Ordinance and conditions of approval for the life of the use. Fire Devartment (1) The fire hydrant located at Wildwood and Oakmont shall be upgraded to a Jones Type 3740 body. PAGE 2 (m) All fire hydrants shall be painted by the developer/owner conforming with Fire Prevention Standards. (n) Based on the required fire flow, an automatic residential fire sprinkler system shall be installed throughout the addition, conforming to NFPA Standard 13D as modified by the Fire Marshal. (o) UL/SFM smoke detectors shall be installed conforming to UBC Chapter 12. (p) Bedroom windows to conform with the emergency egress requirements of UBC Chapter 12. (q) Addresses shall be posted conforming to Fire Prevention Standard 205. BE IT FURTHER RESOLVED that the San Rafael City Council approves the conditional use permit based on the following findings: Findings: The second dwelling unit, as conditioned, will not be detrimental to the health, safety and general welfare, nor injurious to persons or properties in the vicinity as the use is clearly incidental and is consistent with all code requirements and provisions of the Second Unit Ordinance. The accessory dwelling is contained within an existing single family structure, does not exceed 40% of the main dwelling unit, the necessary parking is provided, and the primary dwelling is owner - occupied. 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 meeting of the City Council of said City held on Monday the 20th day of August , 19-2-9 by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulrya NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE M. LEONCIlVI, City Clerk PAGE 3