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HomeMy WebLinkAboutCC Resolution 11818 (151 Fairhills Dr.)RESOLUTION NO. 11818 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL GRANTING THE APPEAL OF NEIL SORENSEN (ON BEHALF OF DOUG AND ELIZABETH CHIANG) AND APPROVING A SUBDIVISION MAP AMENDMENT (SO4-014) AND AN ENVIRONMENTAL DESIGN AND REVIEW PERMIT (ED04-090) TO EXPAND THE EXISTING BUILDING ENVELOPE FOR LANDSCAPE IMPROVEMENTS TO AN EXISTING SINGLE-FAMILY HILLSIDE RESIDENCE LOCATED AT 151 FAIRHILLS DRIVE (APN: 010-154-49) WHEREAS, on August 20, 2004, Doug and Elizabeth Chiang, the property owners of 151 Fairhills Drive, submitted applications for a Subdivision Map Amendment (SO4-014) and an Environmental and Design Review Permit (ED04-090) to expand the existing building envelope for landscape improvements to an existing single-family hillside residence located at 151 Fairhills Drive; and WHEREAS, on September 20, 2004, the Community Development Department, Planning Division, deemed the application complete for processing; 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 15301(b) (Existing Facilities), 15303 (e) (New Construction or Conversion of Small Structures), 15304(b) (Minor Alterations to Land), 15305 (Minor Alteration in Land Use Limitations), which exempt minor additions and alterations to land that involve negligible or not expansion of an existing use; WHEREAS, a public hearing before the San Rafael Planning Commission was scheduled for December 14, 2004, at which time, the applicants requested that the request be continued to a date uncertain; and WHEREAS, on May 10, 2005, the San Rafael Planning Commission held a duly -noticed public hearing on the proposed Subdivision Map Amendment (SO4-014) and Environmental and Design Review Permit (ED04-090), accepting all oral and written public testimony and the written report of the Community Development Department staff, and chose to continue the public hearing to a date uncertain, providing direction to staff and the applicant regarding additional information needs; WHEREAS, on June 28, 2005, the San Rafael Planning Commission held a duly noticed, continued public hearing on the proposed Subdivision Map Amendment and Environmental and Design Review Permit, accepting all oral and written public testimony and the written report of the Community Development Department staff; WIIEREAS, motions to approve and to deny the applicants' requests failed to receive a majority vote of the four (4) members of the Planning Commission present at the meeting, receiving a tied vote in each instance; WHEREAS, the effect of a tied vote is that of denial of the applicants' requests; WHEREAS, on July 1, 2005, Neil Sorensen (acting on behalf of the applicants, Doug and Elizabeth Chiang), filed a timely appeal of the Planning Commission's denial of the applicants' requests with the City Clerk's Office; WHEREAS, in his appeal, Mr. Sorensen states as the bases for the appeal that the Planning Commission's "decision or non -decision" is not supported by evidence in the record, and that the Commission exercised a "prejudicial use of discretion" in that it "refused to allow the applicants to utilize their allotted time and refused to accept the admission of material evidence"; `'7 WHEREAS, on August 1, 2005, the San Rafael City Council held a duly -noticed public hearing on the appeal, accepting all oral and written public testimony and the written report of the Community Development Department staff; and WHEREAS, the City Council hereby grants the appeal and makes the following findings with respect to the Subdivision Map Amendment (SO4-014) and an Environmental and Design Review Permit (ED04-090) requests: Subdivision Map Amendment: 1. Section 15.02.080(A)(1) requires the proposed map amendment be consistent with the San Rafael general plan and any applicable, adopted specific plan or neighborhood plan. The proposed modified development envelope would be consistent with the San Rafael General Plan 2020, the Zoning Ordinance and the Hillside Residential Design Guidelines. The required "natural state" for the subject property, pursuant to Zoning Ordinance is 53.5%. The revised development envelope will reduce the previously approved natural state of the lot from 65% to 55.9%, still well within the minimum requirement of the General Plan, Zoning Ordinance and Hillside Residential Guidelines. 2. Section 15.02.080(A)(2) requires that the site improvements, authorized by the proposed map amendment, be consistent with the San Rafael General Plan and any applicable, adopted specific plan or neighborhood plan. The proposed landscape improvements would be consistent with the San Rafael General Plan 2020, the Zoning Ordinance and the Hillside Residential Design Guidelines. The proposed improvements will minimally expand the development envelope for the property, reducing the "natural state" on the lot from 65% to 55.9%, well above the minimum 53.5% requirement of the Zoning Ordinance. 3. Section 15.02.080(A)(3) requires that the subject site be physically suitable for the type of development authorized by the proposed map amendment. Though the existing developed conditions on the subject site, including a minimum 60 -foot drainageway setback for structures, physically restrain further development of outdoor areas, subject to the conditions of approval, the design of the improvements proposed by the applicants results in minimal changes to the natural conditions on the site, but result in a more useable outdoor space on the property, while still maintaining more than the minimum required "natural state" (53.5%) required by the Zoning Ordinance. 4. Section 15.02.080(A)(4) requires that the subject site be physically suitable for the density of the development authorized by the proposed map amendment. The applicants are not proposing an expansion of the existing single-family residence on the property, only landscape improvements. The proposed landscape improvements, together with the existing developed conditions on the subject site, would not exceed the "natural state" requirement for the parcel. The Zoning Ordinance and Hillside Residential Design Guidelines require 53.5% of the subject site remain in a natural state, undisturbed and undeveloped. The project, as designed, would preserve 55.9% of the lot in a natural state. 5. Section 15.02.080(A)(5) requires that the site improvements, authorized by the proposed map amendment, will not likely cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design of the proposed project will not result in substantial environmental damage due to the minimal nature of the proposed changes to the site. The site is not a known wildlife habitat. 2 6. Section 15.02.080(A)(6) requires that the type of improvements, authorized by the proposed map amendment, will not likely cause serious health problems. The proposed landscape improvements are not likely to cause any health problems to the applicants or the adjacent property owners beyond temporary noise impact caused by construction; 7. Section 15.02.080(A)(7) requires that the type of improvements, authorized by the proposed map amendment, will not conflict with easements, acquired by the public at large, for access through or use of, the subject site. Though a portion of the proposed landscape improvements would be constructed over an existing private sewer easement and utilities the improvements would not conflict with any public easements. Subject to the conditions of approval, there will be no significant impact upon the private easements present on the property. Environmental and Design Review Permit: 1. The project design is in accord with the San Rafael General Plan 2020, the objectives of the City of San Rafael Zoning Ordinance, the purposes of Chapter 25, and the Single -Family Residential, Hillside Overlay (R20 -H) District in which the site is located in that the proposed landscape improvements will comply with all development standards, including maintaining the minimum 53.5% "natural state" requirement for the property (55.9% natural state will be maintained following the improvements). 2. The project does not include additions or alterations to the existing single-family residence on the property, only landscape improvements and a play structure that will be modified to comply with all applicable development standards. A small retaining wall to be constructed on the site will be less than 3' in height and will be finished with materials and in a color to match the existing residence. Other landscape improvements are consistent with those that exist on other properties within the vicinity. 3. 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. Additionally, the minimal nature of the landscape improvements is also consistent with the intent of the original subdivision approval for the subject property (S89-014). 4. Subject to the conditions of approval, the project design minimizes adverse environmental impacts. 5. Subject to the conditions of approval, the project design will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council does hereby approve the Subdivision Map Amendment (SO4-014) and an Environmental and Design Review Permit (ED04- 090) to expand the existing building envelope for landscape improvements to an existing single-family hillside residence, based on the findings above and subject to the following conditions of approval: The building techniques, materials, elevations and appearance of this project, including landscaping, as presented for approval by the San Rafael City Council on August 1, 2005, and as modified by these conditions of approval, shall be the same as required for the issuance of a building permit. Minor modifications or revisions to the project shall be subject to review and approval by the Community Development Department, Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval of the final decision making body. 2. The applicant shall obtain all building permits required for the project and shall be responsible for all associated fees, including all penalties. 3 3. The design and finish of all fences and retaining walls shall be subject to approval of the Community Development Department, Planning Division, in advance of construction of said improvements. 4. The applicant shall work with the Planning Division to modify the play structure on the property to comply with all applicable development standards of the R20 -H zone. 5. The applicant shall work with the Planning Division to modify the landscape plan for the property in an effort to minimize blockage of views from the pool deck of the adjacent property at 135 Fairhills Drive, while still maintaining the privacy of the property at 151 Fairhills Drive (the subject property). 6. The applicant shall provide documentation, which may include a video assessment or other documentation, to the satisfaction of the City's Land Development Engineer, to ensure that the existing storm sewers and sanitary sewers, including drains and sub -drains present on the property are in good condition, with no pipe separation. Any needed repairs to pipes present on the property shall be completed and fill shall be re -compacted in advance of construction of site improvements, all under the supervision of a soils engineer. 7. Following completion of all improvements, the applicant shall ensure that a soils engineer and civil engineer prepare a final soils report ensuring that all work has been completed to the satisfaction of the City's Land Development Engineer. 8. Construction hours shall be limited to 8:00 a.m. to 5:00 p.m., Monday through Friday. Construction is prohibited on Saturdays, Sundays and all City -observed holidays unless conducted by the applicant only, with the assistance from family and friends, in which case work shall be limited to between the hours of 9:00 a.m. to 5:00 p.m. 9. This Subdivision Map Amendment (504-014) and Environmental and Design Review Permit (ED04-090) shall be valid for a period of two (2) years from the date of this approval, or until August 1, 2007 and shall become null and void if a building permit is not issued or a time extension granted. I, JEANNE M. LEONCIlII, Clerk of the City of San Rafael, herby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the lsc day of August 2005 by the following vote, to wit; AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None 4 Janne M. Leoncini, City Clerk