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HomeMy WebLinkAboutCC Resolution 13070 (New Hillside Residence)RESOLUTION NO. 13070 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED07-092) AND EXCEPTION (EX10-004) FOR A NEW HILLSIDE RESIDENCE EXCEEDING THE NATURAL STATE STANDARD LOCATED ON A VACANT FLAG LOT AT 22 JEWELL STREET (APN: 014- 072-29) WHEREAS, on November 15, 2007, Michael Heckman, Architect, submitted an Environmental and Design Review permit application for a new hillside residence on a flag lot; and WHEREAS, the project has included requests for approval of tandem guest parking and a 25% driveway slope; and WHEREAS, on March 18, 2008 and September 22, 2009, the application was reviewed by the Design Review Board, which recommended continuance of the project in order to allow the applicant to incorporate recommended revisions; and WHEREAS, on June 4, 2010, the applicant submitted a revised application that included a request for an Exception to the -H hillside overlay districts "Natural State" development standard, and which responded to the recommendations of the Design Review Board; and WHEREAS, on June 22, 2010, the Design Review Board reviewed the revised project and unanimously recommended approval, including the tandem parking design, driveway design with 25% maximum slope, and request for an Exception to the natural state hillside development standard, with some additional minor design changes recommended; and WHEREAS, on September 14, 2010, the San Rafael Planning Commission held a duly noticed public hearing on the proposed Environmental and Design Review Permit (ED07-092), and Exception (EX10-004) to the Hillside development Standards to allow a) the natural state hillside development standard to be exceeded in order to increase the step back of the upper story level and provide a rear yard terrace and stairway access to the back of the lot, b) tandem parking for guest parking spaces provided on-site; and c) a steep driveway with 25% maximum slope, accepting all oral and written public testimony and the written report of the Community Development Department staff, and after closing the public hearing adopted a resolution recommending that the City Council approve the project, with revised conditions; and WHEREAS, the recommendations of the Design Review Board and Planning Commission have been incorporated into the project plans and conditions of approval; 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 15303(a) of the CEQA Guidelines which exempts construction of a single-family home in a residential district; and WHEREAS, on October 18, 2010, the San Rafael City Council held a duly noticed public hearing on the proposed Environmental and Design Review Permit (ED07-092), and Exception (EX10-004) requests, which has included the changes and conditions as recommended by the Planning Commission. NOW THEREFORE BE IT RESOLVED, the City Council of the City of San Rafael approves the project, with conditions, based on the following findings: Environmental and Design Review Permit (ED07-092) Findings A. The City Council has exercised their independent judgment and determined that the Class 3 categorical exemption for the project is appropriate and consistent with the provisions of CEQA in that the project involves construction of a single-family residence on a residentially zoned parcel. B. The project design has been determined to be in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of Zoning Ordinance Chapter 25 (Design Review) given that the project has been reviewed by the Design Review Board, Planning Commission and City Council for compliance with the Hillside overlay (-H) district development standards, and the design criteria in Chapter 25 and in the Hillside Design Guidelines Manual, and as a result of this review it has been determined, a) the project design would be compatible with the homes on adjoining lots and in the surrounding Montecito neighborhood area, and b) the design substantially complies with all applicable hillside design criteria in that, i) it results in a modest -sized home that is appropriately stepped up the hillside slope, ii) adequate guest parking is provided, iii) fire safety and hillside grading and drainage impacts are considered and addressed, and iv) adequate access and on-site maneuverability are provided in compliance with minimum standards. C. The project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the applicable R7.5 -H District given that the site development complies with the zoning district requirements as follows: a. All R7.5 development standards are met, including setbacks, parking, lot coverage and building height. b. The —H overlay district standards are met including building step back and wall height limits, gross building area limits, 30 -foot height limit with findings made for approval of an Exception (EX10-004) to the natural state requirement. C. Chapter 14.25 Design Criteria have been addressed given that the project proposes a hillside home in compliance with all applicable hillside design standards, including the requirements of the Hillside Design Guidelines, as follows: i. The house is stepped back with the topography and proposes roof slopes that follow site contours. ii. Wall planes are broken up to reduce building mass and avoid large unbroken wall planes. iii. A dark roof palette and earth tone color palette are proposed which would help the house blend in with the environment. iv. Driveway slope is maintained at 25% maximum grade with appropriate transitions at the base and top of the grade provided to allow vehicles to exit and enter the site safely. v. The driveway slope minimizes grading impacts that would be required to reduce the driveway grade, given the narrow and steep grade of the access stem. vi. Guest parking is provided in tandem, which assures off-street parking is provided to reduce demand on street parking, and which further minimizes grading. vii. Adequate maneuvering area is provided on-site so that vehicles are not forced to back out of the site. viii. Building placement respects building setbacks and would not result in direct line of sight privacy impacts on adjacent residences. ix. The net living space proposed for the house is approximately 1,866 square feet not including the covered driveway, garage and mechanical space, which is considered to be a reasonable sized home and compatible and in keeping with size of homes in the area. x. Landscape improvements are proposed that are appropriate for the hillside setting and would help soften views of the site, screen tall walls and blend with the surrounding vegetation. D. As conditioned, the project design minimizes adverse environmental impacts by minimizing grading and preserving existing vegetation to the maximum extent feasible given that grading is limited to the building footprint and driveway, and the uphill slope of the property which is visible from off-site would be retained in a natural condition with relandscaping required that would enhance the natural hillside setting. -2- E. The project design will not be 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 and conditioned accordingly. Exception to Hillside Standards (EX10-004) Findings A. The project design alternative meets the stated objectives of the hillside design guidelines to preserve the inherent characteristics of hillside sites, display sensitivity to the natural hillside setting and compatibility with nearby hillside neighborhoods, and maintain a strong relationship to the natural setting given that the exception to the hillside natural state provision would enable the house to be stepped back up the hillside and incorporate a rear yard terrace and external stairway access to the rear yard which more sensitively consider views of the house from below, and the access needs for landscape maintenance, without reducing public views of the undisturbed hillside area behind the house. Furthermore, approximately 1,500 sq ft of lot area encompasses the stem portion of the flag which provides required driveway and access to the site and is necessarily disturbed which further reduces the amount of lot area that can be provided to meet the natural site within the flag portion of the property. Finally, the minor exceptions to allow a steep driveway slope of 25% and tandem parking has been recommended for approval by the Design Review Board as necessary to provide access to the site and off-street parking in a safe and convenient manner, that would reduce overall site grading required. B. The alternative design solution would minimize visual impacts of the project in a demonstrably superior project with greater sensitivity to the natural setting and compatibility with and sensitivity to nearby structures, as discussed in Finding A above. BE IT FURTHER RESOLVED, that the City Council of the City of San Rafael approves the Environmental and Design Review Permit and Exception subject to the following conditions: Environmental and Design Review Permit (ED07-092) Conditions of Approval General and On -Going Communitv Development Department. Plannino Division 1. This Design Review Permit and Exception shall be valid for two-vears from approval or until October 18. 2012, and shall be null and void if a building permit is not issued or a time extension granted prior to the expiration date. 2. The building techniques, materials, elevations and appearance of this project, as presented for approval by the Planning Commission on September 14, 2010, shall be the same as required for the issuance of a building permit, which includes revisions recommended by the Design Review Board regarding provision of improved pedestrian access from the street (through provision of a railing along the driveway and/or a stairway). Any future additions, expansions, remodeling, etc., shall be subject to the review and approval of the Community Development Director. Inclusion of the stairway option within the driveway apron shall be included at the discretion of the applicant. 3. Applicant agrees to defend, indemnify, release and hold harmless the City, its agents, officers, attorneys, employees, boards and commissions from any claim, action or proceeding brought against any of the foregoing individuals or entities ("indemnitees"), the purpose of which is to attack, set aside, void or annul the approval of this application or the adoption of any environmental document which accompanies it. This indemnification shall include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties and the indemnitees, arising out of or in connection with the approval of this application, whether or not there is concurrent, passive or active negligence on the part of the indemnitees. 4. In the event that any claim, action or proceeding as described above is brought, the City shall promptly notify the applicant of any such claim, action or proceeding, and the City will cooperate fully in the defense of such claim, action, or proceeding. In the event the applicant is required to defend the City in connection with any said claim, action or proceeding, the City shall retain the right to: 1) approve the counsel to so defend the City; 2) approve all significant decisions concerning the manner in which the defense is conducted; and 3) approve any and all settlements, which approval shall not be unreasonably withheld. Nothing herein shall prohibit the City from participating in the defense of any claim, action or proceeding, provided that if the City chooses to have counsel of its own to defend any claim, action or proceeding where applicant already has retained counsel to defend the City in such matters, the fees and the expenses of the counsel selected by the City shall be paid by the City. 5. As a condition of this application, applicant agrees to be responsible for the payment of all City Attorney expenses and costs, both for City staff attorneys*and outside attorney consultants retained by the City, associated with the reviewing, processing and implementing of the land use approval and related conditions of such approval. City Attorney expenses shall be based on the rates established from time to time by the City Finance Director to cover staff attorney salaries, benefits, and overhead, plus the actual fees and expenses of any attorney consultants retained by the City. Applicant shall reimburse the City for City Attorney expenses and costs within 30 days following billing of same by the City. 6. All new and existing landscaping identified to remain shall be maintained in a healthy and thriving condition, free of weeds and debris. Any dying or dead landscaping shall be replaced in a timely fashion. 7. All site improvements, including but not limited to the site lighting, hardscape, landscape islands and paving shall be maintained in good, undamaged condition at all times. Any damaged improvements shall be replaced in a timely manner. 8. Approved colors are as shown on the approved color and material board on file with the Community Development Department, Planning Division. Generally, the approved color palette consists of dark grey composition shingle roofing, off-white fascia and trim, beige upper wall, taupe entry and stainless steel cable rail. Any future modification to colors shall be subject to review and approval of the Planning Division and major modifications shall be referred to the Design Review Board. Prior to Issuance of a Building Permit Communitv Development Deoartment - Plannino Division 9. Prior to the issuance of a building permit, the applicant shall submit a Construction Management Plan (CMP) with the Community Development Department, Planning Division. This CMP shall outline measures to mitigate or reduce the potential negative construction and staging impacts of the project on the adjacent property owners, residents/occupant and the surrounding area. This CMP shall incorporate, but is not limited to, such measures as smaller but more frequent deliveries of materials and distribution of accurate weekly construction schedules to occupants of all adjacent properties. The CMP shall include any conditions of approval contained in this document that regulate the construction (re: limitations on noise, construction hours), including: a. Parking decks shall be constructed prior to house framing. b. Contractors and employees shall be encouraged to carpool and park on-site. C. Construction vehicles shall not park illegally on Jewell Street. d. The project sponsor shall inform the contractor, general contractor or site supervisor of these requirements and shall be responsible for informing subcontractors of these requirements and for implementing these measures on the site. -4- e. Construction activities shall comply with City's Noise Ordinance. 10. Any outstanding Planning Division application processing fees shall be paid. 11. Driveway areas shall include use of permeable pavers, and shall include a color treatment that is compatible with the hillside setting. This shall be shown on the plans submitted for building permit. 12. Prior to issuance of a building permit, a final landscape plan shall be provided for staff review and approval, which addresses the following: a. Landscaping plans shall include vegetation designed to cascade over the top of the tall retaining wall proposed at the end of the driveway and parking turnaround area. b. Any invasive weeds and grasses shall be removed from the open hillside area above the house, and this area shall be hydro -seeded with native grasses. The owner shall be responsible for maintaining this area in a natural condition, with native groundcover and plantings in compliance with the City hillside design guidelines and Wildland-Urban Interface standards. C. Landscaped areas shall be treated with mulch groundcover in disturbed areas to prevent weed growth and allow time for plant materials to become established. d. All landscaping shall be maintained in a healthy and thriving condition. 13. Prior to issuance of a building permit, the applicant is to comply with conditions of the Marin Municipal Water District for the landscaping improvements. 14. 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 prior to issuance of a building permit. 15. Prior to issuance of a building permit, these conditions of approval shall be incorporated on the Title Sheet of the Project Plans submitted for building permits. Buildinq and Fire Prevention Division 16. The project shall apply to the Building Official and Department of Public Works to obtain an address number for this new building, prior to issuance of building permits. 17. The design and construction of all site alterations shall comply with the 2007 California Building Code, 2007 Plumbing Code, 2007 Electrical Code, 2007 California Mechanical Code, 2007 California Fire Code, and 2005 Title 24 California Energy Efficiency Standards. 18. A building permit is required for the proposed work. Applications shall be accompanied by three (3) complete sets of construction drawings to include: a) Architectural plans b) Structural plans C) Electrical plans d) Plumbing plans e) Mechanical plans f) Fire sprinkler plans (deferred submittal to the Fire Prevention Bureau) g) Site/civil plans (clearly identifying grade plane and height of building) h) Structural Calculations i) Truss Calculations j) Soils reports k) Title -24 energy documentation 19. Each building shall have address identification placed in a position that is plainly legible and visible from the street or road fronting the property. Numbers painted on the curb do not satisfy this requirement. Numbers should be minimum 4" in height with '/z inch stroke, contrasting in color to their background, and either internally or externally illuminated and remaining illuminated at all hours of darkness. 20. Include a note on the construction documents that fire sprinklers are required throughout the building. A licensed C-16 contractor shall submit fire sprinkler system plans to the Fire Prevention Bureau for approval prior to installation of the system. 21. A detailed soils report shall be prepared by a qualified engineer to address procedures for grading, soils export, import or placement. Report shall address the import and placement and compaction of soils at building pad locations and be based on the assumed foundation design. This information shall be submitted to Building and Public Works for review and comments prior to grading. 22. A grading permit shall be required. 23. Prior to building permit issuance for construction of the building, geotechnical and civil pad certifications shall be submitted. 24. This property is located in a Wildland-Urban Interface (WUI) area. Provide a written Vegetation Management Plan (VMP) submitted to the San Rafael Fire Department, for review and approval prior to issuance of building permits. This VMP must be completed and verified prior to building final approval. Refer to City of San Rafael Ordinance 1856 that may be viewed at www.citvofsanrafael.oro/fireorevention, or call Brad Mark at (415) 485-3309 for any questions. 25. If proposed fencing exceeds 6' in height, a building permit is required. 26. Bollards must be placed in the garage to protect mechanical equipment, water heater, and washer dryer from vehicular damage when located in the path of a vehicle. 27. This project is subject to the City's Green Building Ordinance. New residential projects must achieve at least 60 points on the Green Points rating system (submittal of green points rating table must be signed by a certified green point's rater with the building permit application. 28. Prior to issuance of the building permit, the applicant shall have a certified Green Points Rater complete and sign a Green Building Compliance Form and the applicable Green Building rating form. This form shall be completed and submitted to the Community Development Department - Building and Fire Prevention Division, along with the building permit application materials. Submitted building permit plans shall identify in the general notes and/or individual detail drawings the proposed Green Building Measures. 29. School fees will be required for the project. School fees for residential construction are currently computed at $2.05 per square foot of new living area, Commercial space is computed at $0.33 per square foot of new building area. Calculations are done by the San Rafael City Schools, and those fees are paid directly to them prior to issuance of the building permit. 30. Adequate utility easements shall be provided for all services to include water, sanitary sewer, storm drain piping, gas, electric and telephone. 31. Apply for and obtain water service for the site from Marin Municipal Water District. 32. Apply for and obtain sewer service from San Rafael Sanitation District. ME Public Works Department 33. An encroachment permit shall be obtained prior to issuance of building permits for debris boxes and work in the public right of way. 34. Prior to issuance of a building permit, the applicant shall provide final driveway, grading, drainage and stormwater management plans for review, along with improvement plans for the driveway and curb cut and improvements at Jewell Street. Final design plans shall conform with approved project plans including driveway slope with 12.5% grade transition for last 20 -feet of driveway, drainage, and design of parking and maneuvering areas. Civil site and improvement plans shall be provided at 20 -scale dimension. 35. Include the "Pollution Prevention — It's part of the plan" sheet in the plan submittal set and implement same during construction. 36. Traffic mitigation fees for two new peak hour vehicle trips (1 AM peak and 1 PM peak) shall be paid in the amount of $8.942.00; based on $4,246.00 per trip as of October 2009 as adjusted annually by the City. San Rafael Sanitation District 37. Provide Civil and plumbing plans to San Rafael Sanitation District for review and approval prior to issuance of building permits. 38. Prior to issuance of a building permit, the applicant shall pay all required connection fees to the San Rafael Sanitation District. In order to determine this fee, the District will need to receive a set of the civil plans showing the number and type of fixture units that will be located with the building. Credit will be given for previous connections. 39. Structures are not allowed in the San Rafael Sanitation easements and will need to be removed if maintenance of the sewer line is required. Include a note on plans regarding caution is required when excavating in the sewer easement. During Construction Communitv Development Department — Plannino Division 40. The project sponsor shall inform the contractor, general contractor or site supervisor of these requirements and shall be responsible for informing subcontractors of these requirements and for implementing these measures on the site. 41. Construction activities shall comply with City's Noise Ordinance. 42. 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, further work in the discovery area shall be monitored by an archaeologist. 43. 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. If the remains are deemed to be Native American and prehistoric, the Coroner shall contact the Native American Heritage Commission so that a "Most Likely Descendant" can be designated. Prior to Final Occupancy _7_ Communitv Development Department — Planninq Division 44. All landscaping and irrigation as approved as part of the landscape plan shall be installed prior to the occupancy of the building. 45. The landscape architect shall call for inspection and certify and submit in writing to the Planning Division that the landscaping has been installed in accordance with all aspects of the approved landscape plans, that the irrigation has been installed and been tested for timing and function, and all plants including street trees are healthy. Any dying or dead landscaping shall be replaced. 46. 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. Communitv Development Department — Buildinq Division 47. Prior to final inspection of the project, the applicant shall have a certified Green Points Rater complete and sign a Green Building Compliance Form (the as -built conformance section) and the applicable Green Building rating form. This form shall be completed and submitted to the Community Development Department - Building and Fire Prevention Division prior to final inspection. Exception to Hillside Standards (EX10-004) Conditions of Approval 1. This project is approved to allow an Exception to the Hillside Overlay District's property development standards to allow the natural state requirement to be exceeded, allowing a 50.3% natural state provided instead of 57.6% as required by the —H overlay district, as well as an exception to allow tandem guest parking with adequate backup and maneuvering area provided as required by the City Engineer, and a 25% driveway slope, with 12.5% transition at the base of the driveway, for the last 20 - feet from edge of pavement, as required by the city Engineer. 2. This Exception approval is subject to compliance with all conditions of approval of ED07-092, and any subsequent amendments or modifications that may be granted. I, Esther C. Beirne, 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 18'h of October, 2010, by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None '50164z_ C • &a, Pic c Esther C. Beirne, City Clerk