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HomeMy WebLinkAboutCC Resolution 12375 (820 Pine Lane - Denying Appeal)RESOLUTION NO. 12375 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DENYING APPEAL NO. AP07-002 AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY AN APPEAL AND UPHOLD ENVIRONMENTAL AND DESIGN REVIEW PERMIT APPROVAL OF A ROOF MODIFICATION AT 820 PINE LANE, WITHIN THE R5 -EA DISTRICT (SINGLE- FAMILY RESIDENTIAL — EICHLER AND ALLIANCE HOMES OVERLAY) (APN: 178-014-19) WHEREAS, on September 25, 2007, the Planning Commission adopted Resolution No. 07-18 to deny Appeal No. AP06-006 and uphold Environmental and Design Review Permit approval No. ED05-077 allowing a single -story residential roof modification, from a 10'10" high flat roof to a 14'11" high, 3 -and -12 pitch, cross -gable and hip roof design with gable end and Eichler architectural design characteristics facing the street; and WHEREAS, on September 27, 2007, Sandy Mixsell filed Appeal AP07-002 pursuant to the provisions of San Rafael Municipal Code Chapter 14.28, citing four reasons for the appeal and requesting that the Council reverse the September 25, 2007 decision of the Planning Commission; and; WHEREAS, on November 5, 2007, the City Council held a duly noticed public hearing to consider Appeal 07-002, accepted and considered all oral and written public testimony and the written report of the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby denies Appeal No. 07-002 and affirms the September 25, 2007 decision of the Planning Commission (Resolution No. 07-18) to uphold the approval of a roof modification for 820 Pine Lane. The Council finds that the points of the appeal cannot be supported for the following reasons: 1. Appeal Reason No. 1, states: "The roof is not in accordance with the Eichler design and is not appropriate at this location. Eichlers were designed to have an open feeling to them and to bring the outdoors into the home. This was a unique idea at the time and is one of the things that most home owners cherish. Although the design has been improved from the original proposal and may be acceptable for a few houses, the design needs further reduction in height to be acceptable for this lot and most homes in the area. " The Council affirms the findings and action of the Planning Commission by Resolution No. 07-18 to deny the prior appeal and approve the proposed roof modification. The Council further affirms the following: a. The streetscape is the predominate view that must be considered when evaluating roof modifications in the Eichler and Alliance Homes Overlay (EA) District. The roof modification at 820 Pine Lane is consistent with the EA district standards of San Rafael 1 '��� Municipal Code Chapter 14.14 by maintaining the predominate single story and unique design character of a single -story Eichler home as viewed from the public street. b. The proposed design will harmoniously integrate with the neighborhood architecture in terms of color and materials, scale and building design given that the design maintains Eichler architectural details and materials on the front elevation with low hip and gable rooflines; which is discussed in depth in the findings for Environmental and Design Review Permit approval. c. The EA Overlay District standards and applicable design criteria in Chapter 14.25 do not establish a requirement that roof modifications shall be limited in height to preserve an open feeling and bring the outdoors into the home, or maintain the views from adjacent private backyards. d. The EA Overlay District regulations establish the requirement for Environmental and Design Review Permit approval which ensures such modifications are reviewed to maintain architectural compatibility with the neighborhood design character; which has been achieved in this case. 2. Appeal Reason No. 2, states: "This is a precedent setting modification and guidelines must be established to assist home owners to improve and upgrade their property without harming their neighbors' property value. The modified roof at 881 Las Ovejas was used by the Planning Commission as a precedent for approving this proposal. This is not good! The roof design fits at 881 Las Ovejas because the location is unusual. a. The lot is adjacent to open space: there is no house behind it. b. The lot is on a steep hill so neighbors are not affected by the height. c. It is on the same block as two story Eichlers. For the Planning Commission to use this as a precedent to approve the same or similar design on Pine Lane was very alarming to me and others. The DRB and Planning Commission need better guidelines in order to adequately serve the community. " The Council finds that the City must base a decision in this case on the standards and criteria that are currently in effect under the City's adopted ordinances and resolutions. The Council affirms that the decision of the Planning Commission to approve the roof modification at 820 Pine Lane is appropriate as it has been based on the adopted EA overlay district standards and applicable design criteria and guidelines, and the design achieves the objectives of the EA District. An analysis of property values or affect of a roof modification to a neighbors yard have not been established as significant criteria to be used in evaluating consistency with the EA District standards and criteria. 3. Appeal Reason No. 3 states: "Other homeowners want to mods and improve their homes and this roof modification should not be used as an example. It is not necessary to raise the roof five feet in order to achieve the improvements that the homeowner desires. There are at least two homes on Penny Royal that have hidden air conditioning ducts, plumbing, and 2 electrical equipment without this extreme increase in height. One has raised his roof 14 inches and the other used closet and ceiling space to hide their ducts. This is just two examples within a halfa block. " The Council finds that the City regulations established by San Rafael Municipal Code Chapter 14.14 (EA Overlay District), which apply to this case, do not require roof modifications to be limited to the minimum extent that is necessary to accommodate desired upgrades. The Council affirms that the project has satisfied the review criteria. Specifically, the project conforms to the 17 -foot maximum height limit and one habitable floor level restrictions in that the new roof is less than 5 -feet in height from top of wall to roof ridge and the overall building height is less than 15 -feet in height from grade to roof ridge. Also, review of an Environmental and Design Review permit has ensured the single story design was maintained and the unique design character of the neighborhood was preserved. 4. Appeal Reason No. 4 states: "Surveys indicate that the majority of homeowners want one story homes and do not want large roof modifications. If large roof modifications are to be approved they should be as an exception based on very extenuating circumstances. If this roof modification is approved it will encourage other home owners to do the same and establishes a precedent that will be honored by the DRB and Planning Commission. We need to preserve our view of the open spaces and uphold the Eichler tradition of clean roof lines backyard enjoyment. " The Council finds that the City conducted a public opinion survey that included questions regarding roof modifications, and this information was used in the development of the EA overlay district standards. The Council affirms the decision that the design of the project with a low pitched roofline and a gable end that maintains the character of the Eichler home as viewed from the public street, is in compliance with the EA overlay district requirements. The impacts on backyard views or preservation of views of open space from private yards are not established as review criteria under the EA overlay district. BE IT FURTHER RESOLVED that the City Council further adopts the following findings upholding approval ED05-077, as revised, for a roof modification for 820 Pine Lane subject to the Conditions in Exhibit A, and based on the following findings: 1. The proposed roof modification to the single -story residence is in accord with the General Plan 2020 in that: a. The residential roof modification is considered a minor change which is an anticipated level of development under the General Plan 2020, and which is consistent with the properties low density residential land use designation; and b. The modification is consistent with all pertinent General Plan Policies including H-3 (Design That Fits into the Neighborhood Context), CD -2 (Neighborhood Identity), CD- 3 (Neighborhoods), CD -5 (Views), CD -13 (Residential Design Guidelines) and NH - 156 (Eichler Homes) based on the fact that; 3 i. The design has been reviewed pursuant to the applicable residential and neighborhood design criteria discussed further in the findings below, and ii. As proposed, the design is compatible with the Modern Contemporary style architecture and single -story design of the Eichler homes in the neighborhood in that it proposes a low, 3 -and -12 roof pitch to the single -story Eichler residence which respects the character, scale and form of the subject residence and Eichler homes in the neighborhood; and the design of the front elevation retains the same materials, colors and detailing found on the subject home, which is an Eichler design, and that is found on similar homes in the area; and iii. While the increase in the roof height will block a portion of views from Pine Lane, a public street, to the hills in the background behind the house, this impact is considered minimal in this context as it would not completely block a unique public scenic view, viewshed or corridor, it would not obscure the only views of the hills in the background as viewed from along the public streets in the area, it is a considered a reasonable amount of encroachment that has been anticipated by the General Plan to accommodate residential development within traditional residential neighborhoods throughout the City and, the new roof would screen the view of rooftop equipment from public and private properties that may view the roof from above. Therefore, in this case views would be adequately respected and enhanced through application of the height, setback and design provisions established in the City zoning regulations. 2. The proposed roof modification is in accord with the objectives of the Zoning Ordinance in that: a. The project implements the goals and policies of the General Plan as discussed in Finding No. 1 above; and b. The project promotes design quality and preserves and enhances the City's architectural resources by requiring review and approval through the Environmental and Design Review Permit process, which ensures development will conform with the adopted design criteria of the City, as discussed further in the findings below; and c. The public comfort and general welfare is promoted and protected given that the required zoning reviews under Chapter 14.14 (EA district) and Chapter 25 (Design Review) have been conducted and the required findings have been satisfied as discussed herein; and d. The City has provided notification of all public meetings in compliance with Chapter 14.29 on the project ED05-077, appeal AP06-006 and appeal AP07-002 and made all efforts to provide for effective citizen participation in the decision-making process, including adding the names and addresses of speakers at public meetings and those submitting written comments to the mailing list of residents and property owners within 300 -feet of the project site. 4 The proposed roof modification is in accord with the purposes of Chapter 25 (Design Review) in that: a. The project has been subject to review of an Environmental and Design Review permit and evaluated for consistency with the applicable design criteria in the General Plan, as more specifically implemented by Zoning Code Chapter 14.14 (EA District) and Chapter 14.25 (Design Review), and the San Rafael Residential Design Guidelines criteria. Based on this review, the project has been found to harmoniously integrate with the existing qualities of the City, meets the applicable Zoning Standards, General Plan policies and design guidelines as discussed herein; and b. The proposed design of the roof modification satisfies the pertinent San Rafael Design Guideline criteria by maintaining a consistent streetscape and relating the roof form to those found in the area through design of a low 3:12 pitch, gable roof, and respecting the original building design through use of a style and materials that match the existing house, as described and discussed further in the finding below. 4. The project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the R5 -EA district in which the site is located given that: a. The project would comply with the City's General Plan as identified in Finding No. 1 above; and b. The roof modification complies with the EA district Section 14.14.010 (Purpose) in that the 3 -and -12 low pitch hip and gable roof modification and Eichler architectural design details on the front of the residence, which will remain a single -story home with a low pitch roof, preserves and maintains the predominately single -story and unique design character of this neighborhood which is composed exclusively of Eichler and Alliance homes; and c. The roof modification complies with the EA district Section 14.14.020 Development Standards by maintaining a single -story design with one habitable floor level given that the limited attic space (less than five -feet in height) does not create potentially habitable floor level and the proposed 14'11" maximum height is within the 17 -foot maximum height limit, and; d. The project has been reviewed for compliance with the Chapter 25 design criteria as required by EA district Section 14.14.030, because it involves an increase in roof height by more than six inches (6") and the modification is consistent with all applicable design criteria given that: i. The project has been found to be consistent with the General Plan design policies and criteria (which are also reflected in the Residential Design Guidelines), and the neighborhood criteria as discussed in Finding No 1 above. ii. The design has been prepared by an Architect and is a competent design. iii. The design uses appropriate materials which are balanced and match the architectural design character of the Eichler home with wood fascia, clerestory windows and low pitched roof form. iv. Major views of hills are not significantly impacted by this project and the project would further conceal views of rooftop equipment by proposing a low -pitch slope roof form that is within the 17 -foot height limit. e. The roof modification satisfies the pertinent San Rafael Residential Design Guideline criteria, including Building Design, Scale, Building Height, Roof Shape and Entrances by maintaining a consistent streetscape using appropriate architectural details and proposing a low pitch roofline which is considered to be in scale and keeping with the houses that are found in this neighborhood, the sense of entry is respected and maintained, and the new roof would conceal rooftop equipment. The roof modification minimizes adverse environmental impacts given that the project: a. requires no grading or removal of existing vegetation for the proposed work; b. has been reviewed by appropriate City departments and includes conditions of approval to assure conformance with City construction standards and practices; and c. is categorically exempt from the California Environmental Quality Act pursuant to Article 19 as a Class 1 Categorical Exemption, under Section 15301 of the CEQA Guidelines which applies to minor additions or alterations to existing residential structures. 6. 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: a. the new roof would be installed per the Uniform Building Code, and; b. the modification to the existing roof in the EA Overlay District has been subject to obtaining an Environmental and Design Review Permit which ensures the design comply with the criteria that has been adopted to maintain the architectural integrity of the neighborhood. I, JEANNE M. LEONCINI, 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 Council of said City on Monday, the 5th day November, 2007 by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Attachment: EXHIBIT A Cohen, Heller, Miller, Phillips & Mayor Boro None None JEMNE LEONCINI, City Clerk 0 Exhibit A Conditions of Approval 820 Pine Lane AP07-002 (ED05-077) General Conditions Communitv Development Department — Planning Division 1. The building techniques, materials, elevations and appearance of this project, as presented for approval on plans prepared by L.A. Paul & Associates, (Sheet Nos. A-1 through A-5) stamped received August 24, 2007 shall be the same as required for the issuance of a building permit, except as modified by these conditions of approval. 2. Minor modifications or revisions to the project shall be subject to review and approval by the Planning Division for consistency with the Zoning Ordinance. Major modifications shall require review and approval by Planning Division staff through an Administrative Environmental and Design Review Permit, as required by the Zoning Ordinance. 3. The property owner shall pay the costs of any code enforcement activities, including attorney's fees, resulting from the violation of any conditions of approval or any provision of the San Rafael Municipal Code. Prior to Issuance of Building Permit Communitv Development Department — Planning Division 4. Plans submitted for a building permit shall include a plan sheet, which incorporates these conditions of approval. As an alternative, the conditions of approval shall be attached as a separate document to each set of plans. 5. The applicant shall sign a statement indicating agreement with and acceptance of the adopted conditions of approval prior to issuance of permits and commencement of use. The signed statement shall be returned to the Community Development Department, Planning Division prior to the commencement of construction. 6. A colors and materials board consistent with the existing residence shall be submitted to the Community Development Department, Planning Division for review and approval prior to the issuance of building permits. Public Works Stormwater Program 7. Direct all new roof drains to landscape area away from the foundation for treatment prior to release to City storm drain system. 8. Best Management Practices (BMP) plan shall be attached to the building permit plan. During Construction Communitv Development Department — Planning Division 7 f 9. Sanitary restroom facilities shall be provided on-site during the approved hours of construction. If a portable toilet service is used, any sanitary restroom facility units shall be removed from the subject site within three (3) working days of obtaining final building permit approval. 10. Construction hours and activity, including the delivery of materials and equipment, outdoor use of equipment, hammers, and power tools shall be limited to 8:30 A.M. to 5:00 P.M., Monday through Friday, and 9:00 A.M. to 5:00 P.M., Saturdays. Construction shall not be permitted on Sundays or federally recognized holidays unless conducted by the applicant only with assistance from family and/or friends which then shall be limited to 9:00 A.M. to 5:00 P.M. Construction activities shall include the delivery of materials, the engagement of construction equipment, the arrival and departure of construction workers on site, and radio listening on site. 11. The applicant shall comply with all applicable requirements of the City, County, State, and other responsible agencies. 12. The applicant shall be responsible for the repair of all damages to public improvements in the public right-of-way resulting from construction -related activities, including, but not limited to, the movement and/or delivery of equipment, materials, and soils to and/or from the site. 13. The City shall have the right of entry to inspect the premises to verify compliance with the conditions of approval and the San Rafael Municipal Code. 14. Environmental and Design Review Permit (ED05-077) shall be valid for a period of two years from the date of final approval, or November 5, 2009, and shall become null and void if a building permit is not issued or an extension granted. 0