Loading...
HomeMy WebLinkAboutCC Resolution 12646 (Hillside Development)RESOLUTION NO. 12646 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO AN APPROVED ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED08-051) AND EXCEPTION (EX08-014) TO HILLSIDE DEVELOPMENT STANDARDS TO ALLOW THE MAXIMUM BUILDING HEIGHT TO EXCEED 30 FEET AND THE DOWNSLOPE WALLS TO EXCEED THE MAXIMUM STEPBACK WALL HEIGHT OF 20 FEET FOR AN UNDER- CONSTRUCTION NDERCONSTRUCTION SINGLE FAMILY RESIDENCE AT 200 OAK VIEW DRIVE (APN: 010-360-02) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: WHEREAS, on August 4, 2003, the City Council approved an Environmental and Design Review Permit and Exception from Hillside Development Standards to (a) build within 100 vertical feet of a significant ridgeline and (b) to exceed the 20 -ft. maximum building height for downslope walls for a single family residence proposed at 200 Oak View Drive; and WHEREAS, on August 12, 2003, the applicant obtained a building permit for the concrete -column foundation and after completing the foundations, obtained a building permit for the proposed single family residence on September 27, 2007; and WHEREAS, following up on a public complaint, Community Development Department observed a discrepancy between the approved plans and the as -built building. The discrepancy is that the building height from the top of the building to the existing grade is a maximum of 42'/2 feet at least at one point, compared with the 30 -ft. maximum height approved for the building on the plans, and the height of the downslope walls is 42'/2 feet compared with the 30 -ft. maximum height approved for downslope walls on the plans; and WHEREAS, on March 5, 2008, the Community Development Department wrote to the applicant about the need to correct the issue or apply for an amendment to the approved Environmental and Design Review Permit and Exception to the Hillside Development standards and the building permit. No stop work order was issued, however, the City staff noted that applicant was proceeding to finish the interior of the house at their own risk; and WHEREAS, on July 1, 2008, an application for amendment to the approved Environmental and Design Review Permit and Exception to allow the maximum building height to exceed 30 feet and the downslope walls to exceed the maximum stepback wall height of 20 feet was submitted to the Community Development Department and was deemed complete for processing on October 16, 2008; and WHEREAS, the San Rafael Design Review Board reviewed the proposed project on November 18, 2008, and recommended approval; and 1 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 of the CEQA Guidelines, which exempts construction of new single-family homes on residentially zoned parcels; and WHEREAS, on December 9, 2008, the San Rafael Planning Commission held a duly - noticed public hearing on the proposed project, accepting all oral and written public testimony and the written report of the Community Development Department staff, and recommended approval; and WHEREAS, on January 20, 2009, the San Rafael City Council held a duly -noticed public hearing on the proposed project, accepting all oral and written public testimony and the written report of the Community Development Department staff; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Rafael does hereby approve an amendment to the approved Environmental and Design Review Permit (ED08-051) and Exception (EX08-014) applications to allow the maximum building height to exceed 30 feet and the downslope walls to exceed the maximum stepback wall height of 20 feet for an under -construction single-family residence at 200 Oak View Drive based on the following findings: Findings for an Amendment to Environmental and Design Review Permit (ED08-051) 1. Unless amended by the following findings, the findings made in the City Council Resolution No. 11398 for the project are still valid because the following facts on which those findings were in part, based are still valid for the as -built project: a. The proposed development would not have a significant adverse visual impact because the top of the building is not above the elevation level approved for the project; b. The location of the house would be consistent with the original subdivision approval and the house would blend into the hillside because the under -construction residence has been designed and constructed consistent with the neighboring houses; and c. The project would be demonstrably superior with greater sensitivity to the natural setting and compatible with the nearby structures because an alternative, stepped -down design would have resulted in a reduced natural state, more grading and more tree removal. 2. The proposed project to allow an amendment to an approved Environmental and Design Review Permit and Exception to the Hillside Overlay District's property development standards to allow the maximum building height to exceed 30 feet and the down slope walls to exceed the maximum stepback wall height of 20 feet for a single family residence under construction is in accord with the following General Plan Policies: a. Land Use Policies LU -12. Building Heights - because the top of the under -construction residence is at an elevation (above mean sea level) that is 5'/z" lower than the approved elevation and thus will not cause any new visual impact. The residence is compatible with 2 the existing neighborhood design and colors, and has minimized grading and removal of natural vegetation. Further, the approved Environmental and Design Review Permit and Exception allow to exceed only the building height and stepback wall height as defined by Hillside Residential Guidelines. The actual design of the building including its top level is not changing. b. Safety Policy S-31. New Development in Fire Hazard Areas in that the under - construction residence contains fire sprinklers for fire protection. 3. As stated above, the proposed project is in accord with applicable General Plan Land Use and Safety policies. In addition, the proposed project meets the objectives of the Zoning Ordinance, and the purposes of Chapters 12 Hillside Development Overlay District and 25 Design Review, given that the project has been reviewed by the Design Review Board and Planning Commission for compliance with the Hillside Property Development Standards and design criteria in Chapter 25 to ensure that the design is compatible with the neighborhood and hillside design criteria, as required by the General Plan. Although the under -construction home is not consistent with all the Hillside Property Development Standards, requests for exceptions have been made and findings to approve the exceptions are provided below. 4. The project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the district in which the site is located given that the site development complies with Single -Family Residential (RIA -H) District requirements and has been reviewed by the City's Design Review Board. Separate findings have been made in the following section to grant Exception to the building height and stepback wall height requirements. 5. As originally approved, the under -construction residence has a floor area of 6,490 sq. ft. compared with the maximum allowable floor area of 6,500 sq. ft. Therefore, the property is just under the maximum building floor area standard. 6. 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. Findings for Amendment to Exception from Hillside Overlay District Standards (EX08-014) Under Zoning Ordinance Section 14.12.040 (Exceptions), findings to grant an exception can be made to allow an increase in the maximum building height above 30 feet to a maximum of 42'/2 feet and the downslope walls to exceed the maximum allowed height of 20 feet to 42'/2 feet given that: a. The project design is in keeping with the surrounding development because existing adjacent houses have been constructed with similar designs. 9 b. The project retains 82% of the property in natural state compared with the required natural state of 64% by limiting grading to the upper portion of the parcel. c. The project does not require removal of any existing trees. d. The proposed exterior color and materials are not highly visible because they are earth - tone and blend into the hillside. e. 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. f. 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 City's Design Review Board 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. A project designed to strictly comply with the building height and stepback height standards contained in the Hillside Overlay District would have meant a stepped down house with a larger foot print that would have resulted in more disturbance to the natural state of the property and in removal of significant trees. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Rafael does hereby approve an amendment to the approved Environmental and Design Review Permit and Exception for the project subject to the following conditions of approval: Conditions of Approval (ED08-051 and EX08-014) General and ongoing Planning Division 1. This project is approved to allow an amendment to an approved Environmental and Design Review Permit and Exception to the Hillside Overlay District's property development standards to allow the maximum building height to exceed 30 feet to 42'/2 feet and the down slope walls to exceed the maximum stepback wall height of 20 feet to 42'/2 feet for a single family residence under construction. The building techniques, materials, elevations and appearance of the project, as presented for approval on plans prepared by Architecture and Planning, dated received December 4, 2008, shall be the same as required for issuance of an amended 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. M 2. All conditions of approval for the original Environmental and Design Review Permit (ED02- 165) continue to apply for the project, except those modified by Conditions of Approval Nos. 3 and 4. 3. The existing under floor area will not be converted to a building area for any purpose. 4. To ensure continued screening of the structure, all existing trees on the rear (downslope) and sides of the structure shall be maintained in a healthy and thriving condition. Trees shall not be removed for any reason other than: 1) safety risk due to instability or disease, 2) death due to disease; or 3) vegetation management per the Wildland Urban Interface Ordinance. Removal of trees shall require that an arborist report be prepared by a certified arborist and be submitted to the Community Development Department for review and approval. Any request for tree removal shall also include a replanting for replacement with a native species in an amount equal to that being removed. Replacement trees shall be of a size to provide the maximum amount of immediate screening. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the forgoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held Tuesday, the 20th of January, 2009, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Brockbank, Connolly, Miller & Vice -Mayor Heller None Mayor Boro ESTHER C. BEIRNE, City Clerk