HomeMy WebLinkAboutCC Resolution 12147 (229 West End Ave. Appeal)RESOLUTION NO. 12147
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL, DENYING THE APPEAL OF JAY
BRUSSEAU AND UPHOLDING THE PLANNING COMMISSION'S ACTION UPHOLDING
THE ZONING ADMINISTRATOR'S APPROVAL OF AN ENVIRONMENTAL AND DESIGN
REVIEW PERMIT (ED05-119) FOR A TWO-STORY ADDITION TO A SINGLE-FAMILY
RESIDENCE LOCATED AT 229 WEST END AVENUE
(APN 012-031-10)
WHEREAS, on October 20, 2005 an Environmental and Design Review Permit (ED05-
119) application was filed for a two-story addition at 229 West End Avenue and was deemed
complete for processing on January 15, 2006; and
WHEREAS, on March 8, 2006, the San Rafael Zoning Administrator held a duly noticed
public hearing, accepting all oral and written public testimony for the proposed Environmental and
Design Review Permit (ED05-119); and
WHEREAS, on March 28, 2006, the San Rafael Zoning Administrator conditionally
approved the Environmental and Design Review Permit for the two-story addition to the existing
single-family home; and
WHEREAS, on April 5, 2006, Jay Brusseau, resident of 15 Sentinel Court, filed a timely
appeal of the Zoning Administrator's action approving the Environmental and Design Review
Permit for the proposed addition to 229 West End Avenue; and
WHEREAS, on May 9, 2006 and June 13, 2006 the Planning Commission conducted
public hearings to consider the appeal filed by Jay Brusseau; and
WHEREAS, on June 13, 2006, the Planning Commission adopted Resolution No. 06-08,
denying the appeal of Jay Brusseau and upholding the Zoning Administrator's approval of an
Environmental and Design Review Permit (ED05-119), for the proposed addition to the single-
family residence located at 229 West End Avenue; and
WHEREAS, on June 16, 2006, Jay Brusseau submitted a timely appeal of the Planning
Commission's decision to deny his April 5, 2006 appeal to the Planning Commission and uphold
the Zoning Administrator's approval of the Environmental and Design Review Permit (ED05-119)
for the proposed two-story addition at 229 West End Avenue. The appeal again requests denial of
the Environmental and Design Review Permit, based on the following points:
■ That the applicant does not reside at 229 West End Avenue, but runs two
businesses at the property in violation of the City's zoning standards relating to
"home occupations".
■ If the Environmental and Design Review Permit (ED05-119) is granted, the
appellant would no longer be able to access his garage.
WHEREAS, on September 8, 2006, the Project Planner and a Code Enforcement Officer
inspected the property at 229 West End Avenue, finding that the use of the property appears to be
that of a single-family residence with a home office, consistent with applicable provisions of the
City's Zoning Ordinance, specifically those regulations relating to "home occupations"; and
WHEREAS, on September 18, 2006, the City Council opened the public hearing and
continued said public hearing to November 6, 2006 at the request of the appellant; and
WHEREAS, on November 6, 2006 the City Council conducted a duly noticed continued
public hearing on the appeal, accepting all oral and written public testimony and the written report
of the Community Development Department Staff; and
WHEREAS, Section 15301 (e) (1) of the California Environmental Quality Act (CEQA)
Guidelines categorically exempts additions to existing structures from environmental review; and
WHEREAS, the City Council hereby denies the appeal filed by Jay Brusseau, affirming the
Planning Commission's action upholding the Zoning Administrator's approval of an
Environmental and Design Review Permit (ED05-119) for a two-story addition to the single-
family residence located at 229 West End Avenue, subject to the following findings:
Environmental and Design Review Permit Findings:
A. The design of the proposed addition to the single-family residence is in conformance with
all applicable provisions of the High -Density Residential (HR1.8) Zone, and has been
reviewed in accordance with applicable provisions of the San Rafael Zoning Ordinance as
they relate to second -story additions to single-family residences. Public notice of the
proposed improvements was provided to all residents and occupants of property situated
within a 300 -foot radius of the subject site and the site was posted with notice of the
pending public hearing regarding the proposal at least 15 -days in advance of the public
hearing on the appeal before the City Council. The project is; therefore, found to be
consistent with the General Plan's LU -2a (Development Review) and H-4 (Public
Participation and Information), CD -16 (Participation in Project Review), the objectives of
the Zoning Ordinance 14.25.040 C (Improvements Subject to Review) and 14.25.050 F 6
(Review Criteria -Upper Story Additions), and the purposes of Chapter 25 (Design Review
Permits) of the Zoning Ordinance.
B. The design of the proposed project is consistent with all applicable site and architectural
guidelines for the High -Density Residential (HR1.8) Zone. The proposed addition does not
exceed the height limit of 36 feet, does not exceed the maximum lot coverage, and
complies with all applicable setback requirements of the zone.
C. The design of the proposed project minimizes adverse environmental impacts for the
following reasons: 1) it will not require significant grading; 2) the expansion of the
existing single-family residence will not adversely impact transportation systems in the
area since the use of the property remains unchanged; and 3) the proposed addition will
improve parking for the property by providing a new code conforming two -car garage.
D. With appropriate conditioning, the design of the proposed project will not be detrimental to
the public health, safety or welfare, nor materially injurious to properties or improvements
in the vicinity. The project has been reviewed by all interested City departments for
compliance with applicable regulations, and conditions have been identified which will
ensure that the project will not have significant impacts.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael
does hereby deny the appeal submitted by Jay Brusseau, and upholds the Planning Commission's
June 13, 2006 affirmation of the Zoning Administrator's March 28, 2006 approval of an
Environmental and Design Review Permit (ED 05-119) to permit the construction of a two-story
addition onto an existing single-family residence located at 229 West End Avenue, based upon the
above findings, and subject to the following conditions of approval:
Conditions of Approval:
Public Works Department - Stormwater
1. Direct new roof drains away from building to landscape area for treatment.
2. Attached Best Management Practice plan to building plan application. For a copy of the
BMP plan and any question on (3), please call Steve Zeiger at 415-485-3435.
3. A Stormwater Pollution Prevention Plan (SWPPP) is required.
Public Works Department - Engineering
4. Provide frontage improvement plan to include:
a. Replace existing curb return with an access ramp on West End Avenue and Sentinel
Court as per Americans with Disabilities Act (ADA) requirements. Access ramp
must be designed by either an engineer or an architect.
b. Trim and maintain bushes for sight distance and clear view of street's signage.
Replace existing sidewalk, which may be a "tripping" hazard.
5. Do not divert or concentrate drainage on adjacent properties.
6. An encroachment permit is required for work in the right of way.
Community Development Department - Plannine Division
7. Anyone conducting a business at this property shall comply with Section 14.16.220 (Home
Occupations) of the Zoning Ordinance.
8. The building techniques, materials, elevations and appearance of the project, as presented
for approval on plans dated June 5, 2006, shall be the same as required for issuance of a
building permit. Minor modifications to the project shall be subject to review and approval
of the Planning Division. Modifications deemed not minor by the Community
Development Department Director shall require review and approval by the original
decision making body.
9. Prior to occupancy, the applicant shall contact the Planning Division to request a final
inspection. The inspection shall require a minimum 48-hour advance notice.
10. The applicant shall not construct a fence at the rear of the property within three feet of the
easement.
11. In lieu of the olive trees proposed to be planted to the rear of the addition, the applicant
shall plant Italian cypress or other suitable screening to provide screening of the two-story
addition, subject to Planning Division approval, following consultation with affected
neighbors.
12. During construction the applicant shall take measures to ensure that the roadway, the
easement at the rear of the property, is not weakened.
13. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and
debris. Any dead or dying plants shall be replaced in kind.
14. Construction, alteration, demolition, maintenance of construction equipment, deliveries of
materials or equipment, start up of construction equipment engines, arrival of construction
workers, playing of radios and other noises caused by equipment and/or construction
workers arriving at or on the site, or repair activities otherwise allowed under applicable
law shall be allowed between the hours of seven a.m. (7:00 a.m.) and six p.m. (6:00 p.m.)
Monday through Friday, and nine a.m. (9:00 a.m.) to six p.m. (6:00 p.m.) on Saturdays,
provided that the noise level at any point outside of the property plane of the project shall
not exceed ninety (90) dBA. Saturday construction shall be limited to quiet work such as
painting, plumbing, and other interior work. If power tools are to be used, the applicant
shall work with the neighbors on their use. Work is prohibited on Sundays and Holidays.
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15. In the event that archaeological features, such as concentrations of artifacts or culturally
modified soils 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.
16. 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/or prehistoric, the Coroner shall contact the
Native American Heritage Commission so that a "Most Likely Descendant" can be
designated.
17. Plans submitted for a building permit shall include a plan sheet, which incorporates these
conditions of approval.
18. This Environmental and Design Review permit approval shall be valid for two years, or
until November 6, 2008. and shall be null and void unless the applicant clears the
violations of Zoning Ordinance Section 14.16.220 (Home Occupations) and obtains a
building permit. In the event a building permit is not issued in the stated time period, a
time extension application must be received in advance of the date of expiration.
I, JEANNE M. LEONCI I, 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 said City on the 6`h day of November 2006 by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
JE M. LEONCINI, CITY CLERK