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HomeMy WebLinkAboutCC Resolution 8175 (409 Forbes Avenue)RESOLUTION NO. 8175 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL GRANTING AN EXCEPTION TO ALLOW A SECOND DWELLING UNIT WHICH EXCEEDS 40% OF THE SIZE OF THE MAIN DWELLING UNIT - 409 FORBES AVENUE WHEREAS, Section 14.16.025(a.6) allows for granting of exceptions to the size restrictions for second dwelling units by the City Council; and WHEREAS, a request for an exception to allow a second dwelling unit equaling 46% of the size of the main unit was submitted as UP87-75 for property located at 409 Forbes Avenue; and WHEREAS, the San Rafael Planning Commission reviewed and approved UP87-75 on April 3, 1990, and voted 4 - 1 to allow the second dwelling unit size to exceed 40 percent of the main dwelling unit based on findings as follows: 1. The existing second dwelling unit is consistent with the General Plan land use designation of low density residential, typical of developed single family residential area. The proposal is for the legalization of a 710 square foot second dwelling unit in an area located below the existing 1,550 square foot dwelling. 2_ The legalization of the unit will not, under the circumstances, be detrimental to the health, safety, peace, morals, comfort and general welfare of the City. The project, as conditioned is consistent with applicable sections of the second dwelling unit ordinance. 3. The use of the lower area as a second dwelling unit is incidental to the primary residence and will provide all required on-site parking. The site currently has two on-site parking spaces and three will be provided. aRIGINA� 8,� 4. The overall size of the existing primary dwelling is an unusual circumstance in relation the homes in the area in that the dwelling is built to maximum lot coverage and setbacks, which would make adding area difficult in order to bring the existing second dwelling unit into conformance. 5. The construction of the existing second dwelling unit would make it difficult and costly in relation to the community benefit provided if the dwelling were reduced in size. Requiring any change to the structure to bring the second dwelling unit into the 40% maximum specified in the Second Dwelling Unit Ordinance does not further the intent and purpose of the Ordinance. BE IT FURTHER RESOLVED that UP87-75 is approved with the conditions listed in Exhibit A which is attached and made a part hereof. I, JEANNE M. LEONCENTL 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 Monday, the Seventh of May, 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Thayer & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Shippey JE M. LEON lIVI, City Clerk EXHIBIT "A" Conditions of Approval: FILE NO. UP87-75 POLICE DEPARTMENT (a) 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 six inches 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. (b) Perimeter walls, fences, trash storage areas, etc., shall be built to prevent access to the roof or balconies. (c) 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. (c) All exterior lighting shall be vandle resistant and shall be on a master photoelectric cell. (d) A minimum of one-half foot candle at ground level overlap shall be provided on the outdoor pedestrian walkway at the side of the dwelling leading to the second unit. (e) All exterior man doors shall be of solid core construction with a minimum thickness of one and three fourths inches or with panels not less than nine -sixteenth inches thick. (f) Metal framed glass doors shall be set in metal door jambs. (g) Exterior man doors shall have a dead locking latch device with a minimum throw of one-half inch. A secondary lock is required and shall be a dead bolt lock with a cylinder guard and a hardened steel throw that is a minimum of one inch long. Both locking mechanisms shall be keyed the same. (h) Exterior jambs for doors shall be 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 two inches into the solid backing beyond the jamb. (i) Front doors shall have a front door viewer that provides a minimum of 180 degree peripheral vision. ILE NO. UP87-75 REPORT TO PLANNING COMMISSION / PAGE: 7 (j) Inswing exterior doors shall have rabbited jambs. (k) Glass on exterior doors within 40 inches of an exterior door shall be break resistant glass or glass -like material to the satisfaction of the the Police Department. (1) 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 inch in thickness. The lock shall have a hardened steel throw of one-half inch minimum length. (m) Louvered windows shall not be installed within eight feet of the ground level. (n) Any window in or within 40 inches of an exterior door shall be stationary and nonremovable. (o) Landscaping shall not block or obstruct the view of any door, window, or lighting fixture. (p) Any alternate materials or methods of construction shall be reviewed with the Crime Prevention Officer before installation. (q) The Crime prevention Officer shall be allowed to inspect and approve the construction at approval of project. FIRE DEPARTMENT (r) Two exits are required from the basement unit, one must lead directly to the exterior. (s) Address must be posted to conform with Fire Department Standard 205. (t) UL/SFM Smoke detectors shall be required per UBC Chapter 12. PUBLIC WORKS (u) An encroachment permit shall be obtained for the driveway work. PLANNING DEPARTMENT (v) This use permit is granted for an attached 710 square foot one -bedroom second dwelling unit as shown on the plans presented with this report. (w) The second unit may be leased or rented but not sold or subdivided for the purpose of individual sale of the units. LE NO. UP87-75 REPORT TO PLANNING COMMISSION / PAGE: 8 (x) Either the second unit or the primary unit must be owner occupied unless an exception is granted pursuant to the San Rafael Zoning Ordinance. (y) Within 30 days of Planning Commission approval, or by May 11, 1990, the findings and conditions of this use permit shall be recorded with the County of Marin so that subsequent owners of the property will have knowledge of the terms under which the second dwelling unit may legally occupied. The applicant shall provide written proof of the recordation to the Planning Department within 30 days of the approval. Failure to do so will cause revocation of this approval and will lead to the abatement of the second unit. (z) Within 30 days of Planning Commission approval, the applicant shall pay a traffic mitigation fee of $578.90 adjusted by the Lee Saylor construction cost Index since September 1986. The fee is based on adopted fees of $680.00 per PM peak trip in September 1986 dollars ($680.00 X.85 trips). Failure to do so will cause revocation of this approval and may lead to the abatement of the unit. (aa) All landscaping shall be maintained in a healthy and thriving condition for the life of the permit. (bb) All conditions of this use permit shall be complied with for the life of the use. Failure to do so will cause revocation of this approval and may lead to the abatement of the unit. (cc) This use permit is approved for one year or until April 10, 1991, and shall become null and void unless an extension is granted by the Zoning Administrator.