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.
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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.
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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.
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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
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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
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Esther C. Beirne, City Clerk