HomeMy WebLinkAboutCC Resolution 11444 (366 Margarita Dr.)RESOLUTION NO. 11444
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED02-122) AND
EXCEPTION TO ALLOW CONSTRUCTION OF A 1,443 -SQUARE -FOOT UPPER STORY
ADDITION TO AN EXISTING SINGLE-FAMILY HOME EXCEEDING THE MAXIMUM
GROSS BUILDING SQUARE FOOTAGE OF THE HILLSIDE OVERLAY DISTRICT AT
366 MARGARITA DRIVE (APN 186-520-01)
WHEREAS, on August 30, 2002, an application for an Environmental and Design
Review Permit for a 1,443 -square -foot upper -story addition to an existing single-family home
was submitted to the Community Development Department and was deemed complete for
processing on January 8, 2003; and
WHEREAS, the proposed project includes a request for an exception to the property
development standards contained in the Hillside Overlay District to allow the existing home with
the proposed addition to exceed 6,500 square feet; and
WHEREAS, the project is exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, which exempts
additions to existing structures that are less than 2,500 square feet; and
WHEREAS, the Design Review Board reviewed the proposed project on April 3, 2002,
and January 7, 2003, and recommended approval; and
WHEREAS, on April 29 and May 13, 2003, the 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 and exception request; and
WHEREAS, on November 17, 2003, the City Council held a duly -noticed public hearing
on the proposed project accepting all oral and written public testimony, the recommendation of
the Planning Commission, and the written report of the Community Development Department
staff; and
WHEREAS, the City Council made the followings findings related to the Environmental
and Design Review Permit and exception request:
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 sprinklered 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.
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 (R2A-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 to the existing building's foundation footprint 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. Under Zoning Ordinance Section 14.12.040 (Exceptions), findings to grant an exception can
be made to allow the existing home with the proposed addition to exceed the maximum gross
square footage of 6,500 square feet given that:
A. The proposed upper story addition is well designed and would step up the hillside to
minimize grading consistent with the Hillside Residential Design Guidelines.
B. The current size of the property (3.35 acres) would be in proportion to the proposed
7,699 -square -foot single-family home, and a deed restriction will be recorded to preclude
future subdivision of the 3.35 -acre property.
C. The Design Review Board has recommended that the addition and existing dwelling
would be less visible with the installation of landscape trees and repainting the structure a
darker exterior color.
D. The unique architecture and interior design of the existing single-family home warrants
additional square footage.
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
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hillside setting and compatibility with nearby hillside neighborhoods, and would maintain
a strong relationship to the natural setting.
F. The project's design minimizes grading, retains more of the project site in its natural
state, minimizes visual impacts, protects significant trees and natural resources, and
results in a demonstrably superior project with greater sensitivity to the natural setting
and compatibility with and sensitivity to nearby structures.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael does hereby approve an Environmental and Design Review Permit and exception request
for an upper story addition to an existing single-family home exceeding the maximum gross
building square footage for a hillside home, based on the findings above and the following
conditions:
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 minimum 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.
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11. Based on Uniform Building Code (UBC) or Fire Code requirements, an automatic fire
sprinkler system shall be installed throughout conforming to NFPA Std. 13D.
12. A permit application shall be submitted to the Fire Prevention Bureau with two sets of plans
for review prior to the installation of all automatic and fixed fire extinguishing and detection
systems. Specification sheets for each type of device shall also be submitted for review.
13. A fire retardant roof covering shall be required with a minimum Class "A" listing.
14. Spark arrestors shall be installed conforming to the UBC.
15. Openable bedroom windows shall be installed conforming to the UBC.
16. UL/SFM smoke detectors and openable bedroom windows shall be installed conforming to
the UBC.
Building Division
17. A building permit shall be obtained for the proposed work.
Planning Division
18. This Environmental and Design Review Permit (ED02-122) shall be valid for two years or
until November 17, 2005, unless a building permit has been issued and remains valid, or a
time extension is granted.
19. The building techniques, materials, elevations and appearance of the project, as presented for
approval on plans prepared by S. Robert Politzer, dated received October 27, 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.
20. 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.
21. 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.
22. Prior to the issuance of a building permit, a landscape plan including columnar type trees
located in front of the existing home and revised darker exterior building paint colors shall be
reviewed and approved by the Design Review Board.
23. Brush shall continue to be cleared under the trees within 30 feet of the residence or up to the
property line.
24. 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.
25. 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
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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.
26. 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.
27. Non-native and invasive broom shall be removed from the property.
28. Prior to the issuance of a building permit, a deed restriction shall be recorded precluding the
future subdivision of the 3.35 acre property.
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
City Council of said City held on Monday, the 17th day of November, 2003 by the following
vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, M l l er, Phillips & 'Playor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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JE M. LEONCINI, City Clerk