HomeMy WebLinkAboutCC Resolution 14839 (1499 Lucas Valley Road Environmental and Design Review Permit and Exception)
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RESOLUTION NO. 14839
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN ENVIRONMENTAL
AND DESIGN REVIEW PERMIT (ED19-099) AND EXCEPTION (EX20-001) TO THE GROSS
BUILDING SQUARE FOOTAGE STANDARDS FOR HILLSIDE PROPERTIES, TO ALLOW A
901 SQ. FT. ADDITION TO AN EXISTING 8,592 SQ. FT. SINGLE FAMILY RESIDENCE ON
AN APPROXIMATELY 8.9-ACRE HILLSIDE-DESIGNATED PLANNED DEVELOPMENT LOT
(PD1701-H) AT 1499 LUCAS VALLEY ROAD
(APN: 165-010-89)
WHEREAS, on August 5, 1996, the City Council adopted Ordinance No. 1701 to reclassify
the subject property from Planned Development – Hillside Overlay District (PD-H) to a revised PD
(PD1701-H), adopted Resolution No. 9660 certifying a Mitigated Negative Declaration for the
project and Resolution No. 9661 approving a Master Use Permit and an Environmental Design
Review Permit. These approvals approved the development of a single-family residential estate
proposed at 1499 Lucas Valley Road; and
WHEREAS, in 2011, the Community Development Department determined that the PD
zoning (PD1701-H) for the property allows deviations to the gross building square footage limit
for the single-family home and thus a PD Rezoning would not be required for new application.
The adopted PD for this site (PD1701-H) states “The single-family residence shall be limited to a
maximum 6,500 sq. ft. unless an Exception is granted by the City Council consistent with the
Hillside Guidelines. New applications require an Environmental and Design Review Permit,
including and an Exception to Hillside Standards, but a PD Rezoning would not be required for
proposed additions; and
WHEREAS, on December 17, 2019, an application for an Environmental and Design
Review Permit, including an Exception to the Hillside Standards (ED19-099), was filed with the
Community Development Department, requesting approval for a 901 sq. ft. bathroom addition to
the existing 8,592 sq. ft. residence; and
WHEREAS, on February 6, 2020, the project application was deemed complete for
processing; and
WHEREAS, on March 25, 2020, a special subcommittee of the San Rafael Design Review
Board (DRB), formed due to the COVID-19 pandemic, reviewed the proposed project. The DRB
subcommittee unanimously recommended approval of the project design (by a vote of 2-0) as
proposed; and
WHEREAS, upon review of the application, the project has been determined to be exempt
from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section
15301.e.2 which exempts additions to existing structures provided the expansion will not result in
an increase of more than 10,000 sq. ft. if the project is in an area where all public services and
facilities are available and the area in which the project is located is not environmentally sensitive;
and
WHEREAS, on May 12, 2020, the Planning Commission held a duly noticed public
hearing on the project applications for Environmental and Design Review Permit (ED19-099)
and Exception (EX20-001), accepting all oral and written public testimony and the written report
of the Community Development Department Planning staff and closed said hearing on that date;
and
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WHEREAS, on May 12, 2020, the Planning Commission adopted Resolution No. 20-16
(6-0) recommending to the City Council approval of an Environmental and Design Review
Permit (ED19-099) and Exception (EX20-001) for the 1499 Lucas Valley Road project; and
WHEREAS, on July 6, 2020, the City Council held a duly noticed public hearing to
review the 1499 Lucas Valley Road project and considered all oral and written public testimony
and the written public testimony of the Community Development Department Planning; and
WHEREAS, the custodian of documents which constitute the record of proceedings
upon which this decision is based, is the Community Development Department;
NOW, THEREFORE, BE IT RESOLVED, the City Council of San Rafael hereby
approves the Environmental and Design Review Permit (ED19-099) and Exception (EX20-001)
based on the following findings and conditions:
Environmental and Design Review Permit (ED19-099)
Findings of Fact
1. The application to allow an Environmental and Design Review Permit and Exception to the
Hillside Overlay District’s property development standards for a 901 sq. ft. addition to existing
8,592 sq. ft. (the maximum allowed 6,500 sq. ft. for an existing single-family residence) is in
accord with the following General Plan Policies:
a. Land Use Policy LU-10 (Planned Development Zoning) in that the subject property is
already zoned Planned Development (PD1701-H);
b. Land Use Policy LU-12 (Building Heights) in that the existing and proposed 16¾-ft.
building height is well within the 30-ft. allowed maximum height;
c. Land Use Policy LU-23 (Land Use Map and Categories) in that residential uses
(among other uses) are allowed uses under the Hillside Residential designation of the
property;
d. Community Design Policy CD-15 (Participation in Project Review) in that notice for the
project hearings were mailed to all property owners, residents, neighborhood groups
and interested parties within 300 feet of the project site;
e. Safety Policy S-26 (Fire and Police Services) in that the existing and proposed
development complies with Fire Codes;
f. Safety Policy S-31 (New Development in Fire Hazard Areas) in that the proposed
additions would be required to comply with the applicable standards for fire protection.
2. The proposed project meets the objectives of San Rafael Municipal Code Title 14 (the Zoning
Ordinance), and the purposes of Chapter 14.12 Hillside Development Overlay District and
Chapter 14.25 Design Review thereof, given that the project has been reviewed by the Design
Review Board special COVID-19 subcommittee and Planning Commission for compliance
with the Hillside Property Development Standards and design criteria in Chapter 14.25 to
ensure that the design is compatible with the neighborhood and hillside design criteria, as
required by the General Plan. The proposed 901 sq. ft. addition to the maximum allowed
6,500 sq. ft. single-family residence is not consistent with the gross building square footage
limitation of the Hillside Property Development Standards, however in accordance with the
PD Zoning, a deviation to the gross square footage limit is allowed subject to the review and
approval of an Exception by the City Council. The application includes a request for an
Exception and findings to approve the Exception are provided below. The project is consistent
with the remaining PD standards regarding setbacks (front 100 ft., sides 20 ft., rear 25 ft.),
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20% lot coverage (5.38% proposed), 34.4% natural state (84.8% proposed) and maximum
building height 30 ft. (16 ¾ ft. proposed).
3. The project design is consistent with applicable site, architecture and landscaping design
criteria and guidelines for the district in which the site is located given that the proposed
addition complies with Planned Development District (PD1701-H) requirements and has been
reviewed by the special COVID-19 subcommittee of the City’s Design Review Board and
recommended for approval. Separate findings have been made below to grant Exception to
the single-family residence size. The project is consistent with the remaining PD standards
regarding setbacks (front 100 ft., sides 20 ft., rear 25 ft.), 20% lot coverage (5.38% proposed),
34.4% natural state (84.8% proposed) and maximum building height 30 ft. (16¾ ft. proposed).
4. The project design is not detrimental to the public health, safety or welfare, nor materially
injurious to properties or improvements in the vicinity, given that the project has been reviewed
by the appropriate agencies. The approval of the requested Environmental and Design
Review Permit will not in any way increase visibility of the house and consists of addition
directly around the existing home and would not increase mass or bulk and has minimal
visibility from off site vantage points and surrounding properties.
Exception (E20-001)
Findings of Fact
1. Approval of the requested exception to the property development standards of SRMC Chapter
14.12 has been recommended by a special COVID-19 subcommittee of the Design Review
Board, and the Planning Commission, and the applicant has demonstrated that alternative
design concepts carry out the objectives of that chapter and are consistent with the general
plan based on the following criteria:
a. The project design is in keeping with the surrounding development because the
adjoining properties are large undeveloped open space or sparsely developed
agricultural properties. The proposed additions would not have any visual impacts on
the adjoining properties, would not be visible from any public right of way and would
result only in minimal addition to the footprint of the existing development. The project
would minimally change the currently existing natural state of 84.8% compared with
the required natural state of 34.4% due to the property being an 8.9-acre single family
residential estate; and
b. The proposed exterior color and materials are not visible from any public right of way
due to the proposed additions being very well screened by existing vegetation and
located in an area that is a great distance from the public streets. The project does not
require removal of any other existing native trees. The project’s design meets the
stated objectives of the Hillside Guidelines to preserve the inherent characteristics of
the hillside site, displays sensitivity to the natural hillside setting and compatibility with
nearby hillside neighborhoods, and maintains a strong relationship to the natural
setting by minimizing grading and retaining existing on-site trees. The project’s design
minimizes grading, retains a majority of the project site in its natural state, minimizes
visual impacts, protects significant trees and natural resources, and the DRB has
recommended that the project is a demonstrably superior project with greater
sensitivity to the natural setting and compatibility with and sensitivity to, nearby
structures.
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Environmental and Design Review Permit (ED19-099)
Conditions of Approval
General and ongoing
Community Development Department, Planning Division
1. The building techniques, materials, elevations and appearance of the project, as presented
for approval on plans prepared by Yochum Architects, dated Received 3/9/2020, shall be the
same as required for the issuance of a building permit. Minor modifications or revisions to the
project shall be subject to review and approval of the Planning Division. Modifications deemed
not minor by the Community Development Director shall require review and approval by the
original decision-making body.
2. This Environmental and Design Review Permit (ED19-099) shall be valid for a period of two
(2) years from the date of final approval, or July 6, 2022, and shall become null and void if a
building permit is not issued or a time extension is not applied for prior to the expiration date
3. Contractor Contact Information Posting: Prior to the issuance of building permits, the project
site shall be posted with the name and contact number of the lead contractor in a location
visible from the public street.
4. Construction Hours: Construction hours shall be limited to 7 a.m. to 5 p.m., Monday through
Friday and Saturday from 9:00 a.m. to 5:00 p.m. Construction shall not be permitted on
Sundays or City-observed holidays. Construction activities shall include delivery of materials,
arrival of construction workers, start up of construction equipment engines, playing of radios
and other noises caused by equipment and/or construction workers arriving at or on the site.
5. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed
on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior
lighting for the project shall be reviewed and approved by the Community Development
Director prior to installation of the lighting for compliance with all applicable Conditions of
Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design
to be compatible with the residential development and shall incorporate energy saving
features.
6. Archeological Features: In the event that archaeological features, such as concentrations of
artifacts or culturally modified soil deposits including trash pits older than fifty years of age,
are discovered at any time during grading, scraping, or excavation within the property, all work
shall be halted in the vicinity of the find, the Planning Division shall be notified, and a qualified
archaeologist shall be contacted immediately to make an evaluation. If warranted by the
concentration of artifacts or soils deposits, an archaeologist shall monitor further work in the
discovery area.
If human remains are encountered during grading and construction, all work shall stop in the
immediate vicinity of the discovered remains and the County Coroner and a qualified
archaeologist shall be notified immediately so that an evaluation can be performed. The
Coroner shall contact the Native American Heritage Commission, if the remains are deemed
to be Native American and prehistoric, so the “most likely descendant” can be designated.
Prior to issuance of a Building Permit
Community Development Department, Planning Division
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9. Plans submitted for a Building Permit shall include a plan sheet, which incorporates these
conditions of approval.
10. 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 Division.
Community Development Department, Building Division
11. The design and construction of all site alterations shall comply with the 2016 California
Residential Code (CRC), 2016 California Building Code (CBC), 2016 California Plumbing
Code (CPC), 2016 California Electrical Code (CEC), 2016 California Mechanical Code
CCMC), 2016 California Fire Code (CFC), 2016 California Energy Code, 2016 California
Green Building Standards Code and City of San Rafael Ordinances and Amendments.
12. A building permit is required for the proposed work. Applications shall be accompanied by
four (4) complete sets of construction drawings to include:
a. Architectural plans
b. Structural plans
c. Electrical plans
d. Plumbing plans
e. Mechanical plans
f. Site/civil plans (clearly identifying grade plane and height of the building)
g. Structural Calculations
h. Truss Calculations
i. Soils reports
j. Green Building documentation
k. Title-24 energy documentation
13. School fees will be required for the project. Calculations are done by the San Rafael City
Schools, and those fees are paid directly to them prior to issuance of the building permit.
Fire Department
14. The design and construction of all site alterations shall comply with the 2019 California Fire
Code, current NFPA Standards, and all applicable City of San Rafael Ordinances and
Amendments.
15. If the project remodel and addition exceeds 50% of the existing square footage of the
residence, it will be defined as a “substantial remodel” as defined in SRMC Chapter 4.08.120
Section 202. Therefore, fire sprinklers may be required throughout the building. Determination
for fire sprinklers will be conducted during the Building Permit review, so indicate which room
are to be altered, and/or added, this will include areas within the home where sheet rock is
removed to access for electrical or structural changes. A Separate deferred application by a
fire protection engineer or C-16 contractor would be required. Refer to our web site for the
definition of a substantial remodel.
16. If a fire sprinkler system is required, deferred Submittals for the following fire protection
systems shall be submitted to the Fire Prevention Bureau for approval and permitting prior to
installation of the systems:
a. Fire Sprinkler plans (Deferred Submittal to the Fire Prevention Bureau)
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17. A Knox key switch is required for driveway or access road automatic gates.
https://www.knoxbox.com/gate-keys-and-padlocks/
Public Works Department
18. A grading permit shall be required from the Department of Public Works, located at 111
Morphew St.
19. An encroachment permit is required for any work within the City’s public Right-of-Way, from
the Department of Public Works located at 111 Morphew St. More information and a copy of
the application is available at: https://www.cityofsanrafael.org/grading-permits/
20. A construction vehicle impact fee shall be required at the time of building permit issuance;
which is calculated at 1% of the valuation, with the first $10,000 of valuation exempt.
Marin Municipal Water District
21. The proposed 901-square-foot bathroom and closet addition will not impair the District's ability
to continue service to the property. However, our records indicate that although water service
is provided to the property it is outside of the District's current boundaries. The property owner
shall take the appropriate steps with the Marin Local Agency Formation Commission to
complete annexation into the Marin Municipal Water District.
22. Compliance with all indoor and outdoor requirements of District Code Title 13 -Water
Conservation is a condition of water service. Indoor plumbing fixtures must meet specific
efficiency requirements.
23. Should backflow protection be required, said protection shall be installed as a condition of
water service. Questions regarding backflow requirements should be directed to the Backflow
Prevention Program Coordinator at 415-945-1558.
Las Gallinas Valley Sanitary District
24. The proposed project is within the Sphere of Influence and District facilities boundary.
25. The proposed project has received an allocation of sewer capacity; however, the proposed
building alteration/addition needs District staff review for possible additional load on sewer
system. Please download the application form at:
http://www.lgvsd.org/docs/application_allocation.pdf
26. The proposed project must make satisfactory arrangements with this District for the
construction of any off-site or on-site sewers which may be required.
27. If sewer lateral work is included in this project, please submit utility plan showing location of
backwater prevention devices, sanitary sewer, cleanouts, manholes, and other relevant
sanitary sewer details or information that may be applicable. Sewer design must comply with
LGVSD standard specifications.
28. Complete and submit Application for Allocation of Capacity to LGVSD along with application
fee of $250. Application is available at http://www.lgvsd.org/wp-content/uploads/APPL-
ALLOCATION-fillable.pdf.
29. Provide a plumbing fixture unit (PFU) table for the project showing both existing and proposed
plumbing fixture unit counts per current edition of the California Plumbing Code. The table will
be used for determination of the connection fee. Applicant may use the Plumbing Fixture
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Count Worksheet available at http://www.lgvsd.org/wp-content/uploads/PFU-Worksheet-
R1.pdf. PFU count shall be subjected to field verification before and after construction. The
connection fee may be adjusted for actual number of additional plumbing fixture units.
30. Note: Applicant is required to obtain a sewer permit from LGVSD for any sewer lateral and/or
main work. The permit application is available at http://www.lgvsd.org/wp-
content/uploads/NEW-LATERAL-PERMIT-FORM-2018-updatedFillable.pdf. Submit the
permit application to the District office and call 24 hours in advance of backfill for lateral
inspections.
31. Based on District Ordinance adopted on June 20, 2019 preliminary cost estimates are:
a. For new buildings, structures, and developments:
i. $6,224 per Equivalent Sewer Unit
ii. Actual fees may be adjusted according to specific conditions outlined in the Ordinance.
b. For existing buildings, structures, and developments:
i. $311 per Plumbing Fixture Unit (PFU)
ii. Credit may be given to existing plumbing fixtures.
c. Applicant shall reimburse the District for all plan review, field verification before and after
construction, and inspection fees accrued associated with this project. The estimate cost
is $7,500. Actual fees may be adjusted according to project specific conditions.
d. For more information about District Ordinance and permitting process, please visit
http://www.lgvsd.org/.
e. District Standard Details/Specifications are available upon request.
f. Applicant shall submit plans electronically to LGVSD for review.
Prior to Occupancy
Community Development Department, Planning Division
32. Prior to occupancy, the applicants shall contact the Community Development
Department, Planning Division, to request a final inspection. This inspection shall
require a minimum of 48-hour advance notice.
33. All exterior lighting shall be shielded down. Following the issuance of a certificate of
occupancy, all exterior lighting shall be subject to a 30-day lighting level review by the
Police Department and Planning Division to ensure compatibility with the surrounding
area.
Exception (EX20-001)
Conditions of Approval
General and ongoing
Community Development Department, Planning Division
1. The building techniques, materials, elevations and appearance of the project, as presented
for approval on plans prepared by Yochum Architects, dated Received 3/9/2020, shall be the
same as required for the issuance of a building permit. Minor modifications or revisions to the
project shall be subject to review and approval of the Planning Division. Modifications deemed
not minor by the Community Development Director shall require review and approval by the
original decision-making body.
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7. This Exception (EX20-001) shall be valid for a period of two (2) years from the date of final
approval, or July 6, 2022, and shall become null and void if a building permit is not issued or
a time extension is not applied for prior to the expiration date
I, Lindsay Lara, 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 City Council of the City of
San Rafael, held on Monday, the 6th of July 2020, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
BY:
LINDSAY LARA, City Clerk