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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 2 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. 3 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 4 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 5 /Lr . JE M. LEONCINI, City Clerk