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