Loading...
HomeMy WebLinkAboutCC Resolution 11398 (Hillside Ridgeline Area Construction)RESOLUTION NO. 11398 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED02-165), TO ALLOW THE CONSTRUCTION OF A 6,490 -SQUARE -FOOT SINGLE-FAMILY HOME LOCATED IN A HILLSIDE RIDGELINE AREA AT 200 OAK VIEW DRIVE (APN 010-360-02) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL FINDS AND DETERMINES THAT: WHEREAS, on December 20, 2002, an application for an Environmental and Design Review Permit for a 6,490 -square -foot single-family home was submitted to the Community Development Department and was deemed complete for processing on June 3, 2003; and WHEREAS, the proposed project includes a request for exceptions to the property development standards contained in the Hillside Overlay District to allow the project to be located within 100 vertical feet of a ridgeline, and down slope wall height to exceed 20 feet on the north, east, and west building elevations; 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 Section 15303 of the CEQA Guidelines, which exempts construction of new single-family homes on a residentially zoned parcels; and WHEREAS, the San Rafael Design Review Board reviewed the proposed project on March 3, 2003, and recommended approval; and WHEREAS, on June 24, 2003, the San Rafael Planning Commission held a duly -noticed public hearing on the proposed project applications and recommended that the City Council approve the Environmental and Design Review Permit (ED02-165); and WHEREAS, on August 4, 2003, the San Rafael City Council held a duly -noticed public hearing on the proposed project applications, as required by State law, accepting all oral and written public testimony, the recommendation of the Planning Commission, and the written report of the Community Development Department staff. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby approves the Environmental and Design Review Permit for the construction of a single-family home located in a hillside/ridgeline area located at 200 Oak View Drive based on the following findings and conditions of approval: q�' Environmental and Design Review Permit Findings: 1. The proposed project would be in accord with the following General Plan Policies: • Land Use Policies LU -21 Building Heights, LU -34 Residential Site Design, LU -35 Project Design Considerations, and LU -36a Community Design Considerations -hillside ridges because the proposed home would maintain a height below the 30 -foot height limit, would be compatible with the existing neighborhood design and colors, and would minimize grading and removal of natural vegetation. • Safety Policy S-22 New Development in Fire Hazard Areas in that the proposed single- family home would be sprinlclered for fire protection. 2. As stated above, the proposed project would be in accord with applicable General Plan Land Use and Safety policies. In addition, the proposed project would meet 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 would be compatible with the neighborhood and hillside design criteria, as required by the General Plan. Although the proposed home would not be consistent with all the Hillside Property Development Standards, requests for exceptions were made and findings to approve the exceptions are provided below. 3. The project design would be 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. 4. As conditioned, the project design would minimize adverse environmental impacts by limiting grading and preserving existing vegetation to the maximum extent feasible. 5. The project design would not be 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 and conditioned accordingly. Hillside Overlay District Exception Findings: 6. Pursuent to San Rafael Municipal Code Section (SRMC) 14.12.030-E (Ridgeline Development), the following findings are made to allow development within 100 verticle feet of a visually significant ridgeline: a) There is no development alternative which would avoid ridgeline development because a majority of the buildable area of the project site is steep and would 2 require additional site disturbance. In addition existing ridgeline development exists to the south of the project site. b) The project would result in a maximum of one unit, the minimum residential density allowed by the General Plan. C) The location of the proposed building would be consistent with the original subdivision approval. d) No new subdivision lots would be created through the proposed project. C) The proposed development would not have a significant adverse visual impact due to modifications made to the height, bulk, design, size, location, siting and landscaping as viewed from all public areas because the project has been designed utilizing a majority of the Hillside Residential Design Guidelines, the proposed home would not encroach into the ridgeline silouette and was recommended for approval by the Design Review Board. 7. Under Zoning Ordinance Section 14.12.040 (Exceptions), findings to grant an exception can be made to allow the downslope wall elevations to exceed 20 feet in height given that: a) The proposed project design would be in keeping with the surrounding development because existing adjecent houses have been constructed with similar designs. b) The project would retain a majority of the natural state of the property by limiting grading to the upper portion of the parcel. C) The project woud not require removal of any existing trees. d) The proposed exterior color and materials would not be highly visable because they would be earth -tone and would blend into the hillside. e) The project's design would meet 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 would maintain 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 reccomended that the project would result in a demonstrably superior project with greater sensitivity to the natural setting and compatibility with and sensitivity to nearby structures. The Board determined that the project was well designed and the elevated pillar design minimized grading. Conditions of Approval: Police Department 1. The street number shall be displayed in a prominent location on the street side of the property in such a position that the number is easily visible to approaching emergency vehicles. The number shall be no less than four inches (4") in height and shall be of contrasting color to the background to which it is attached. The address number shall be illuminated during darkness. 2. All exterior doors shall be of solid core construction with a minimum thickness of one and three fourths inches (1-3/4") or with panels not less than nine sixteenth inches (9/16") thick. Side garage doors and doors leading from these garage areas to private residences or multiple dwelling residences are included in this requirement. 3. Exterior jambs for doors shall be so constructed or protected to prevent violation of the function of the strike plate from the outside. The strike plate shall be secured to the jamb by a minimwn of two screws which must penetrate at least two inches into the solid backing beyond the jamb. 4. Exterior doors that swing outward shall have non -removal hinge pins. 5. In -swinging exterior doors shall have rabbeted jambs. 6. All windows within 12 feet of the ground level shall have a secondary lock mounted to the frame of the window. The secondary lock shall be a bolt lock and shall be no less than 1/8 inch in thickness. The lock shall have a hardened steel throw of 1/2 inch minimum length. 7. Any window within 40 inches of an exterior door shall be stationary and non -removable. 8. Any alternate materials or methods of construction shall be reviewed with the Crime Prevention Officer before installation. 9. The new construction shall be pre -wired for the installation of an intrusion alarm system. Fire Department 10. The address shall be posted conforming to Fire Prevention Standard 205. 11. Based on Uniform Fire Code (UFC) requirements, an automatic fire sprinkler system shall be installed throughout conforming to NFPA Std. 13D. 12. Fire retardant roof covering shall be required with a minimum Class "A" listing. 13. Prior to the issuance of a building permit, a vegetation management plan shall be submitted to the Fire Department to determine the clearance distance required from the residential structure. 14. Spark arrestors shall be installed conforming to the California Building Code (CBC). 15. Due to the topography of the project site and the inability to ladder the building, approved emergency escape ladders may need to be installed as required by the Fire Department at the time of the issuance of the building permit. 16. UL/SFM smoke detectors and openable bedroom windows shall be installed conforming to the CBC. Building Division 17. An engineered site plan showing existing and proposed site conditions shall be submitted with the application for a building permit. 18. A level `B" soils report shall be submitted with the application for a building permit. 19. The project soils engineer shall review the project plans for compliance with the recommendations of the project soils report. 20. An erosion control plan shall be submitted with the application for a building permit. Planning Division 21. The building techniques, materials, elevations and appearance of the project, as presented for approval on plans prepared by Brent Dickens, Architecture and Planning, dated received January 23, 2003, shall be the same as required for issuance of a 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. 22. This Environmental and Design Review Permit (ED02-165) shall be valid for two years from approval or until August 4, 2005, and shall be null and void if a building permit is not issued or a time extension granted prior to the expiration date. 23. 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. 24. All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances shall be enclosed and screened from public view. The method used to accomplish the screening shall be indicated on the building plans and approved by the Planning Division prior to issuance of a building permit. 25. The developer shall pay a traffic mitigation fee of $3,245.00, adjusted according to the Lee Saylor Construction Index to take into account changes in construction costs, at issuance of a building permit. This is based on a fee of $3,245.00 (Northgate Area) times one 1 PM peak hour trip. 26. Prior to the issuance of a building permit, a lot line adjustment, as shown on "Sheet 3" of the project plans between Assessor's Parcel number 010-360-01 and 010-360-02, shall be approved by the City of San Rafael and recorded with the Marin County Recorder's Office. 27. Prior to the issuance of a building permit, details on the landscaping to be installed to mitigate privacy impacts on 160 Oak View shall be reviewed and approved by the Community Development Department. 28. A construction management plan (CMP) shall be prepared for the proposed project. The CMP shall be reviewed and approved by the Planning Division prior to the issuance of a building permit. 29. If, during the course of construction, cultural, archaeological or paleontological resources are uncovered at the site (surface or subsurface resources) work shall be halted immediately within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional archaeologist. The City of San Rafael Planning Division and a qualified archaeologist (i.e., an archaeologist registered with the Society of Professional Archaeologists) shall be immediately contacted by the responsible individual present on-site. When contacted, the project planner and the archaeologist shall immediately visit the site to determine the extent of the resources and to develop proper mitigation measures required for the discovery. 30. 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 I, JEANNE M. LEONCES 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 held on Monday, the 4th day of August, 2003 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None A E JE M. LEONCINI, City Clerk