HomeMy WebLinkAboutCC Resolution 7875 (333 DuBois St)RESOLUTION NO. 7875
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
DENYING APPEAL OF VARIANCE AND USE PERMIT
FOR THE SECOND DWELLING UNIT
WITH MODIFICATION TO THE USE PERMIT CONDITIONS
LIMITING THE ADULT OCCUPANCY TO TWO;
GRANTING AN EXCEPTION FOR SQUARE FOOTAGE
IN EXCESS OF 1,000 SQUARE FEET AND GREATER THAN
40% OF THE SIZE OF THE MAIN DWELLING; AND
CONDITIONALLY APPROVING THE ENVIRONMENTAL AND DESIGN REVIEW PERMIT
(333 DuBois Street)
WHEREAS, the San Rafael Planning Commission held a duly noticed
public meeting on UP87-23 and V87-30 on December 15, 1987, and considered
all reports, recommendations and testimony; and
WHEREAS, the applications were reviewed in accordance with the
provisions of the California Environmental Quality Act and have been found
to be categorically exempt; Section 15301, Class 1 (the operation, repair,
maintenance and minor alterations of existing structures); and
WHEREAS, the Planning Commission conditionally approved UP87-23
and V87-30; and
WHEREAS, an appeal was filed by adjacent property owners and
heard by the City Council at a duly noticed public hearing on January
19, 1988; and
WHEREAS, the City Council considered all reports, recommendations
and testimony and directed the applicant and staff to complete processing
of an environmental and design review permit, ED88-19; and
WHEREAS, the San Rafael Design Review Board considered the revised
design on October 4, 1988, and recommended approval of the project; and
WHEREAS, the San Rafael Planning Commission held a duly noticed
public meeting to consider ED88-19 on October 25, 1988, and recommended
to the City Council conditional approval of the environmental and design
review permit; and
WHEREAS, the appeal of UP87-23 and V87-30 and the Planning Commission's
recommendation for conditional approval of ED88-19 were heard by the City
Council at a duly noticed public hearing on November 21, 1988.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby
1) denies the appeal of variance V87-30 and use permit UP87-23 with modifications
to the use permit conditions limiting occupancy to two adult people; 2)
grants an exception for square footage in excess of 1,000 square feet
and greater than 40% of the size of the main dwelling; and 3) conditionally
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approves environmental and design review permit ED88-19, based upon the
following findings:
UP87-23
(1) Establishment of this use will not be detrimental to the health,
safety or general welfare of persons in the area nor detrimental
to property or improvements in that the use is clearly incidental
to the primary residence, provides all required on-site parking,
and meets setback requirements, and the number of adult people
residing in the second dwelling will be not more than two.
The project is consistent with applicable sections of the second
dwelling unit ordinance.
V87-30/Exception
(2) There are exceptional circumstances in that the proposed second
unit would be a converted detached building constructed prior
to adoption of the second dwelling unit ordinance. Strict interpretation
of the second unit ordinance height limit and square footage
limitations would create a substantial hardship for the property
owner. Granting of the variance and exception would not adversely
affect the health or safety of persons in the area and will
not be materially detrimental to the public welfare or injurious
to property in that the structure has existed for many years
and is not being raised or enlarged.
ED88-19
(3) The proposed design review, as conditioned, is consistent with
the criteria used to approve design review applications in that
the colors and materials are appropriate, placement of exterior
lighting, door and windows and construction of fences will maximize
privacy. The site shall be extensively landscaped, and adequate
parking is provided.
BE IT FURTHER RESOLVED that the aforementioned applications
are approved subject to the conditions listed in Exhibit "A" attached
hereto.
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 MONDAY ,
the 5TH day of DECEMBER 1988, by the following vote, to
wit:
AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer and Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
JJT1,rLEONCIN City Clerk
EXHIBIT "A"
CONDITIONS OF APPROVAL:
UP87-23
(a) This use permit approves a two bedroom, 1,017 sq. ft. detached second
dwelling unit at 333 DuBois Street. The adult occupancy of this second
dwelling shall be limited to two.
(b) Sanitary sewer facilities shall be provided pursuant to applicable codes.
(c) Finished floor elevation shall be +6 MSL.
(d) An automatic residential fire sprinkler system conforming to NFDA 130 shall
be installed in the accessory unit.
(e) A UL/SFM listed smoke detector shall be installed in the accessory unit.
(f) Emergency egress windows to comply with UBC Chapter 12.
(g) Four on-site parking spaces shall be provided and maintained on-site; two of
these spaces may be located in the driveway apron in the front yard setback.
(h) The second unit may be rented or leased but not sold.
(i) Continuous owner occupancy is required of either unit throughout the life of
the second dwelling unit unless an exception is granted pursuant to Section
14.16.025(a) of the Zoning Ordinance.
(j) Prior to issuance of an occupancy permit, this use permit shall be recorded
with the County of Marin to put future property owners on notice that owner
occupancy is required.
(k) This use permit shall be valid until December 5, 1989, and will expire
unless building permits are issued.
V87-30
(a) This variance approves an 18 -foot -high second dwelling unit at 333 DuBois
Avenue, in lieu of the required 15 foot height limit.
(b) This variance is valid until December 5, 1989, and will expire unless
building permits are issued.
ED88-19
Police Department
(a) The street number 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 that four
inches in height and shall be of a contrasting color to the background to
which they are attached and shall be illuminated. Address for the structure
shall be 333A DuBois Street.
(b) 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 burglar resistant. Glazing
shall be of a burglary -resistant glass or glass -like material.
(c) Perimeter walls, fences, trash storage areas, etc., shall be built to
prevent access to the roof or balconies. All exterior man -doors shall be of
solid core construction with a minimum thickness of 1-3/4 inches or with
panels not less than 9/16 inches thick.
(d) Glass sliding doors shall have a secondary type locking device to the
satisfaction of the Police Department.
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(e) Exterior doors shall have a dead lock latch device with a minimum throw of
1/2 inch and a dead bolt lock with a cylinder guard, a hardened steel insert
and a minimum throw of one inch.
(f) Exterior jambs for doors shall be constructed or protected so as to prevent
violation of the function of the strike plate from the outside, and the
strike plate shall be secured to the jamb by a minimum of two screws which
must penetrate at lease two inches into solid backing on the jamb.
(g) Front doors are to have a 180 degree door viewer.
(h) Exterior doors swinging out shall have non -removable hinge pins.
(i) In -swinging exterior doors shall have rabbited jambs.
(j) Glass on or around the exterior doors within 40 inches shall be break -
resistant glass or glass -like material to the satisfaction of the Police
Department.
(k) All sliding glass doors within 12 feet of the ground shall have a secondary
lock mounted on the bottom of the window. The secondary lock shall be a
bolt lock and shall be no less than 1/8 inch in thickness and shall have a
minimum throw of 1/2 inch.
(1) Louvered windows shall not be used within eight feet of ground level.
(m) Any window in or within 40 inches of any door shall be fixed and
unremovable.
(n) All exterior lighting shall be sufficient to establish a sense of well-being
to the pedestrian and sufficient to facilitate recognition of persons at a
reasonable distance. Type and placement of the lighting shall be to the
satisfaction of the Police Department. Lighting shall be directed at the
subject property and shall be designed to minimize affects on adjacent
properties.
(o) The Crime Prevention Officer is to be notified and allowed to inspect prior
to occupancy.
Planning Department
(p) Design review permit approves the exterior appearance and site improvements
for the property and second dwelling unit as depicted on the plans on file
in the Planning Department.
(q) A six foot high solid wooden fence shall be installed along the rear and
sides of the property prior to final inspection. Said fencing shall not
exceed three feet in height within the 15 foot front yard setback.
(r) All conditions of UP87-23 and V87-30 shall apply.
(s) The stove pipe and any other potentially glare -producing external fixture
shall be painted or treated for glare -reducing purposes.
(t) The driveway and parking area will be paved and striped to City standards
and maintained at all times.
(u) Prior to final inspection, the applicant shall install landscaping as
indicated on the approved landscape plan. The property owner shall maintain
such landscaping in a healthy and attractive state, to the satisfaction of
the Planning Director.
(v) The applicant shall complete all improvements and comply with all conditions
prior to December 5, 1989.
(w) The design review approval is valid concurrent with previous use permit and
variance approvals and will expire on December 5, 1989, unless a final
inspection sign -off has occurred.
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