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";
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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.
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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.
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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
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Janne M. Leoncini, City Clerk