HomeMy WebLinkAboutCC Resolution 8219 (26 Wildwoood Way)RESOLUTION NO. 8219
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAL DENYING
THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF UP89-10,
APPROVING A CONDITIONAL USE PERMIT FOR A SECOND DWELLING UNIT
AT 26 WILDWOOD WAY
WHEREAS, UP89-10 was submitted in March of 1989, to construct a 525 sq. ft. single
dwelling unit; and
WHEREAS, the use permit application is exempt from environmental review, per
Section 15303(e) of the California Environmental Quality Act; and
WHEREAS, the Planning Commission considered UP89-10 July 25, 1989, and
continued the item; and
WHEREAS, the Planning Commission considered UP89-10 on November 14, 1989,
and approved the project; and
WHEREAS, the matter was then appealed to the City Council and the City Council
heard the matter at a duly noticed public hearing on January 2, 1990, and continued
the item; and
WHEREAS, the City Council reconsidered UP89-10 on March 26, 1990 and continued
the item; and
WHEREAS, the City Council reconsidered UP89-10 on August 6,1990;
NOW, THEREFORE BE IT RESOLVED that the San Rafal City Council denies the
appeal of the Planning Commission's approval of a second dwelling unit at 26
Wildwood Way and approves UP89-10 with the following conditions:
(a) Construction of the second dwelling unit shall be consistent with Alternative
Two, as depicted on Exhibits A and B.
(b) The underpinning for the proposed deck shall be screened. Proposed
screening shall be submitted to the Planning Department for approval prior
to the issuance of a building permit for the addition.
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(c) The second unit may be leased or rented but not sold or subdivided for the
purpose of individual sale of the units.
(d) Either the second unit or the primary unit must be owner occupied unless an
exception is granted pursuant to the San Rafael Zoning Ordinance.
(e) Prior to issuance of a building permit, the findings and conditions of this use
permit shall be recorded with the Couty of Marin so that subsequent owners
of the property will have knowledge of the terms under which the second
dwelling unit may legally be occupied. The applicant shall provide written
proof of the recordation prior to occupancy. Failure to do so will cause
revocation of this approval and may lead to the abatement of the second unit.
(f) As there are adjacent residences, construction hours shall be limited to 8:00
AM to 5:00 PM, Monday through Friday.
(g) The color scheme is subject to review and approval by the Design Review
Board prior to the issuance of a building permit. The building color shall not
be white. Sand or some similar soft earthtone is acceptable.
(h) Detailed landscaping and irrigation plans shall be submitted to the Planning
Department for approval by the Design Review Board prior to issuance of a
building permit. Final landscape plan shall be consistent with preliminary
plan dated October 31, 1989, as filed with the Planning Department. All
landscaping shall be installed prior to occupancy of the second dwelling unit.
(i) Prior to the occupancy of the second dwelling unit, the applicant shall
provide a two year maintenance contract for landscaping or post a two year
maintenance bond.
(j) Prior to issuance of building permits, the applicant shall pay a traffic
mitigation fee of $578.00 adjusted by the Lee Saylor Construction Index since
September 1986. This fee is based on adopted fee of $680 per PM peak period
trips in September 1986 dollars X .85 trips.
(k) This use permit is approved for one year, or until Aueust 6, 1991, and shall
become null and void if a building permit is not issued unless a time
extension is granted by the Zoning Administrator. This use shall comply
with the Second Dwelling Unit Ordinance and conditions of approval for the
life of the use.
Fire Devartment
(1) The fire hydrant located at Wildwood and Oakmont shall be upgraded to a
Jones Type 3740 body.
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(m) All fire hydrants shall be painted by the developer/owner conforming with
Fire Prevention Standards.
(n) Based on the required fire flow, an automatic residential fire sprinkler system
shall be installed throughout the addition, conforming to NFPA Standard
13D as modified by the Fire Marshal.
(o) UL/SFM smoke detectors shall be installed conforming to UBC Chapter 12.
(p) Bedroom windows to conform with the emergency egress requirements of
UBC Chapter 12.
(q) Addresses shall be posted conforming to Fire Prevention Standard 205.
BE IT FURTHER RESOLVED that the San Rafael City Council approves the
conditional use permit based on the following findings:
Findings:
The second dwelling unit, as conditioned, will not be detrimental to the health,
safety and general welfare, nor injurious to persons or properties in the vicinity as
the use is clearly incidental and is consistent with all code requirements and
provisions of the Second Unit Ordinance. The accessory dwelling is contained
within an existing single family structure, does not exceed 40% of the main dwelling
unit, the necessary parking is provided, and the primary dwelling is owner -
occupied.
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
meeting of the City Council of said City held on Monday the 20th
day of August , 19-2-9 by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulrya
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE M. LEONCIlVI, City Clerk
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