Loading...
HomeMy WebLinkAboutCC Resolution 11891 (39 Baywood Terrace)RESOLUTION NO. 118 91 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN EXCEPTION (EX05-014) TO EXCEED THE MAXIMUM ALLOWABLE GROSS BUILDING SQUARE FOOTAGE FOR A SINGLE-FAMILY HILLSIDE RESIDENCE LOCATED AT 39 BAYWOOD TERRACE (LOT 11 OF BAYWOOD TERRACE SUBDIVISION) BY APPROXIMATELY 300 -SQUARE -FEET AND LEGALIZE AS - BUILT UNDER FLOOR AREAS; APN: 013-310-11 WHEREAS, in 2003, the San Rafael Planning Commission conditionally approved an Environmental and Design Review Permit (Permit No. ED02-162), allowing the construction of a new single-family residence located at 39 Baywood Terrace (Lot 11 of Baywood Terrace Subdivision) with a maximum allowable maximum gross building square footage of 3,034 - square -feet; and WHEREAS, on October 4, 2004, the City issued building permits (including Building Permit No. B0408-031) for the construction of a new single-family residence located at 39 Baywood Terrace with a maximum gross building square footage of 3,074 -square -feet and subject to the conditions of approval of ED02-162; and WHEREAS, On October 13, 2005, Planning Staff conducted a site inspection at 39 Baywood Terrace for the purpose of final sign -off of the outstanding building permit on the subject site. During this inspection, it was discovered that unfinished areas located underneath the single-family hillside residential structure had been converted to habitable living space, totaling approximately 300 additional square feet, inconsistent with approved planning and building plans; WHEREAS, on November 23, 2005, Ivan M. Lukrich Architect, on behalf of the property owner, Baywood LLC, submitted an Exception (EX05-014) application to increase the maximum allowable gross building square footage at 39 Baywood Terrace by approximately 300 -square - feet and legalize the as -built areas constructed underneath the new single-family hillside residence; and N'i'l IEREAS, 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 15301(e)(2) of the CEQA Guidelines which exempts additions to existing structures less than 10,000 square feet when: 1) public services are available to allow maximum development permissible under the General Plan; and 2) the project site is not located in an environmentally sensitive area; and WHEREAS, after finding that the proposed project would not be visible when viewed from Baywood Terrace, a private street, or adjacent properties with the Baywood Terrace Subdivision, Staff determined that the Exception (EX05-014) application should be taken directly to the San Rafael Planning Commission for review and recommendation to the San Rafael City Council; and WHEREAS, on January 10, 2006, the San Rafael Planning Commission held a duly noticed public hearing on the proposed Exception (EX05-014) application, and recommended that the San Rafael City Council deny the request; and WHEREAS, on February 6, 2006, the San Rafael City Council held a duly noticed public hearing on the proposed Exception (EX05-014) application, accepting all oral and written public testimony, the recommendation of the San Rafael Planning Commission, and the written report of the Community Development Department planning staff; and WHEREAS, the San Rafael City Council finds that the applicant has demonstrated that the alternative design concepts of the proposed project carry out the objectives of the Hillside Development Overlay (-H) district (Chapter 14.12 of the Zoning Ordinance) and are consistent with the San Rafael General Plan 2020, in that: The project's alternative design of locating the additional floor area underneath the existing single-family residential structure meets 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, in that: A) the additional under -floor area would not increase the existing visible building bulk on the subject site and the greater Baywood Terrace neighborhood by being cut into the hillside; B) the additional under -floor area preserves the existing natural features on the subject site and the greater Baywood Terrace neighborhood by maintaining mature trees and landscaping, and minimizing grading and drainage disturbance to avoid potential erosion impacts; and C) the additional under -floor area preserves the existing hillside architectural character of the single-family residential structure and the surrounding natural landscape by blending with the predominant earthtone colors and values; 2. The project's alternative design of locating the additional floor area underneath the existing single-family residential structure 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, in that: A) the additional under -floor area would result in minor additional grading disturbance on the subject site to "level out" the finish floor of the Utility Room area to that of the Main Level and is located substantially below grade, none of which is visible from off-site (the relocated Bedroom area on the Lower Level would require no additional grading based on the approved structural engineering plans); B) the additional under -floor area would return more of the subject site to its natural state in that emergency exiting requirements of the California Building Code would necessitate the installation of a window with a clear openable area of 5.7 square feet, which would result in the removal of concrete retaining walls -- up to 9' in height -- steps, landing, and 25 cubic yards of associated back fill along the southwest elevation of the site and the construction of a small wooden side entry deck in its place; C) the additional under -floor area would not add any visible bulk to the single-family residential structure or to the greater Baywood Terrace Subdivision, but would be defined by upslope retaining walls already cut into the hillside -2- to support the building above; D) the additional under -floor area would not require the removal of the existing mature Bay tree or any of the approved landscape plantings, or result in disturbance of the approved drainage pattern on the subject site; and E) other design alternatives to locate the additional floor area proposed by the project elsewhere on the subject site would likely result in expansion beyond the previously established building envelope with noticeable visual impacts on the building bulk on the parcel and on the greater Baywood Terrace Subdivision, a reduction in the natural state of the subject site, removal of previously approved landscape improvements including the possible removal of the only significant tree (mature Bay Tree) on the subject site, and increase site grading that are avoidable by utilizing the superior design alternative of converting existing under -floor area within the existing building envelope. 3. The proposed project would be consistent with Land Use Policies LU -2 (Development Timing), and LU -8a (Density of Residential Categories), Housing Policy H-3 (Neighborhood Context), Neighborhood Policy NH -2 (New Development in Residential Neighborhoods), Community Design Policies CD -2 (Neighborhood Identity), CD -3 (Neighborhoods), CD -6 (Hillsides and Bay), CD -13 (Single -Family Residential Design Guidelines), and CD -15 (Participation in Project Review), Circulation Policy C-31 (Residential Area Parking), Safety Policy S-32 (Safety Review of Development Projects), Noise Policy N-3 (Planning and Design of New Development), and CON -22 (Resource Efficiency in Site Development), in that: A) the project would be served by the Marin Municipal Water District, San Rafael Sanitation District, and other public agencies, which have adequate capacity to serve the project; B) the project proposes to continue a maximum density of 0.6 dwellings per acre for the entire Baywood Terrace Subdivision, which would be within the allowable gross density range of 0.5 to 2 units per acre in the Hillside Resource (HR) land use designation; C) the project would be located almost entirely below grade and would respect the existing character, scale, privacy and desirability of the surrounding Baywood Terrace Subdivision while allowing flexibility in design; D) the project would not increase the approved finish floor height of the single- family residential structure and would respect the visual identity of the surrounding hillside neighborhood; E) the project was distributed for review to appropriate City departments, non -City agencies, the Baywood Terrace Neighborhood Association and the Bret Harte Community Association; F) the project was noticed to all property owners and occupants within a 300' radius of the subject site; G) the project was reviewed by the City's Traffic Engineer who determined that the two existing off-street parking spaces and seven existing subdivision parking spaces were adequate to meet any additional parking demand caused by the additional floor area; H) the project would preserve the existing architectural character of the single-family residential structure and that of the surrounding Baywood Terrace Subdivision by utilizing materials and colors which blend in the same earthtone values; l) the project would minimally increase the energy demand on the subject site by locating the additional floor area almost entirely below grade, cut into the hillside, and shading the new south -facing bedroom window with the construction of a small wooden side entry deck; and J) the project would be constructed to meet the seismic, emergency exiting, and light and ventilation requirements of the California Building Code; -3- NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Rafael does hereby approve the Exception (EX05-014) to exceed the maximum allowable gross building square footage for a single-family hillside residence located at 39 Baywood Terrace by approximately 300 -square -feet and legalize as -built under floor areas, based on the findings above and subject to the following conditions: Community Development Department, Planning Division 1. The building techniques, materials, elevations and appearance of this project, as presented for approval to the San Rafael City Council on February 6, 2006, shall be the same as required for the issuance of an amended building permit. Minor modifications or revisions to the project shall be subject to review and approval by the Community Development Department, Planning Division. Modifications not deemed minor by the Community Development Director shall require review and approval by the original decision making body, the Planning Commission upon recommendation by the DRB, if necessary. 2. Except as noted herein, all previous conditions of approval of Environmental and Design Review Permit No. ED02-162 shall apply and remain in effect. Community Development Department, Building Division 3. The applicant shall amend the original building permits for the project and pay all additional fees and penalties. 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 6th day of February, 2006 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: Phillips ABSENT: COUNCILMEMBERS: None JE M. LEONCINI, City Clerk -4-