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HomeMy WebLinkAboutCC Resolution 11083 (89 San Marino Dr. Addition Appeal)Appeal A RESOLUTION NO. 11083 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DENYING AN APPEAL BY MANOOCHEHR AND FARY FONOONI AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED01-98) FOR A 1,313 - SQUARE -FOOT SECOND STORY ADDITION TO AN EXISTING SINGLE-FAMILY HOME AT 89 SAN MARINO DRIVE (APN: 184-151-17) WHEREAS, on August 17, 2001, the City of San Rafael received an Environmental and Design Review Permit application (ED01-98) from Kevin Molinari requesting approval of a second story addition to an existing single-family home located at 89 San Marino Drive; and WHEREAS, the Environmental and Design Review Permit request required administrative approval to allow a second story addition over 500 square feet in the Single Family Residential (R7.5) Zoning District; and WHEREAS, the proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(e)(1), Existing Facilities; and WHEREAS, prior to action on the Environmental and Design Review Permit application, a courtesy notice was sent to property owners adjacent to the project site; and WHEREAS, on December 19, 2001, the Department of Community Development administratively approved the Environmental and Design Review Permit for the proposed second story addition having considered all public comments on the project; and WHEREAS, on December 20, 2001, Manoochehr and Fary Fonooni filed an appeal of the Administrative Decision along with the required filing fee; and WHEREAS, on February 12, 2002, the San Rafael Planning Commission held a duly noticed public hearing to consider the appeal at which they accepted and considered all oral and written public testimony on the project, including the written report of Community Development Department staff and voted to deny the appeal and uphold the Administrative Decision to approve the Design Review Permit; and WHEREAS, on February 20, 2002, Manochehr and Fary Fonooni filed an appeal of the Planning Commission's decision along with the required filing fee; and WHEREAS, on May 6, 2002, the San Rafael City Council held a duly noticed public hearing to consider the appeal at which they accepted and considered all oral and written public testimony on the project, including the written report of the Community Development staff. ORIGINAL \0�3 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby deny the appeal of the Planning Commission's decision and approves the Environmental and Design Review Permit request for 89 San Marino Drive based on the following findings: California Environmental Quality Act (CEQA) Findings 1. The project qualifies for a Class 1 categorical exemption from the provisions of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15301(e)(1) in that the project proposes a second story addition to an existing single-family home and would not result in an increase of more than 50% of the structure before the addition. Environmental and Design Review Permit Findings The design of the proposed addition, as conditioned, is in accord with General Plan Land Use Policy LU -19 (Design Approach), Residential Neighborhoods Policy RES -5 and the objectives of Chapter 25 (Design Review Permits) of the Zoning Ordinance because the project has been designed to harmonize with the style and type of development in the area and would be compatible with the surrounding Peacock Gap neighborhood. In addition, the project has been reviewed using the review criteria outlined in Zoning Ordinance Section 14.25.050 F6 (Review Criteria -Upper Story Additions), and is consistent with the R7.5 Zoning District. 2. The design of the proposed addition is consistent with all applicable site and architectural guidelines for the R7.5 Zoning District. The proposed addition would not exceed the height limit of 30 feet, would not exceed the maximum lot coverage of 40%, and the addition would not encroach into any required setback. 3. The design of the proposed work would minimize adverse environmental impacts because second story addition would not increase the building envelope, and would not require any grading or removal of existing natural vegetation. 4. The design of the proposed work at 89 San Marino Drive will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity because the project has been reviewed by the appropriate City departments and conditions have been applied to minimize any potential adverse effects. Environmental and Design Review Permit Conditions Fire Department The alarms from fire detection systems and commercial fire sprinkler systems shall be monitored by a UL Central Company approved by the San Rafael Fire Department and be issued a UL serially numbered certificate for Central Fire Alarms. -2- 2. Prior to building permit issuance, as required under Ordinance No. 1640, calculations shall be submitted to determine if the structure will be required to have an automatic fire sprinkler system installed throughout the entire structure. If calculations are not submitted, a letter from either the architect or owner shall be submitted, showing why calculations are not required. Police Department 3. All garden and exterior lighting shall be vandal resistant. 4. All exterior lighting shall be on a master photoelectric cell. 5. A minimum of one -foot candle at ground level overlap shall be provided in all exterior doorways and vehicle parking area. 6. Exterior jambs for doors shall be constructed or protected so as 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. 7. Exterior doors that swing outward shall have non -removable hinge pins. 8. In -swinging exterior doors shall have rabbited jambs. 9. Glass on exterior doors or within 40 inches of an exterior door shall be break resistant glass or glasslike material to the satisfaction of the Police Department. 10. Louvered windows shall not be installed within eight feet of the ground level. 11. Any window in or within 40 inches of an exterior door shall be stationary and non - removable. 12. Any alternate materials or methods of construction shall be reviewed with the Crime Prevention Officer before installation. 13. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to occupancy. 14. The street numbers 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 numbers shall be no less than 6 inches in height and shall be of contrasting color to the background to which they are attached. The address numbers shall be illuminated during darkness. 15. Exposed roof vents and ducts shall be grated or constructed of an impact resistant material to the satisfaction of the Police Department. Skylights shall be secured and hatch openings shall be burglary resistant. Glazing shall be of a burglary resistant glass or glass -like material. 16. Perimeter walls, fences, trash storage areas, etc., shall be built to prevent access to the roof or balconies. 17. Permanently fixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of 10 feet. This covering shall be locked against the ladder with a case hardened hasp secured with non -removable screws or bolts. If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and have a minimum of 5 pin tumbler operation. 18. All exterior man 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") - 3 - thick. Side garage doors and doors leading from these garage areas to private residences or multiple dwelling residences are included in this requirement. 19. Metal -framed glass doors shall be set in metal doorjambs. 20. Glass sliding doors shall have a secondary type locking device to the satisfaction of the Police Department. The secondary lock shall be a dead bolt and shall be no less than 1/8 inch in thickness and shall have a minimum hardened steel throw of 1/2 inch. 21. Exterior man doors and doors leading from the garage areas into the private residences or multiple dwelling residences, shall have a dead locking latch device with a minimum throw of 1/2 inch. A secondary lock is required and shall be a dead bolt lock with a cylinder guard and a hardened steel throw that is a minimum of 1 inch long. Both locking mechanisms shall be keyed the same. 22. Both locking mechanisms shall be interconnected so that both may be disengaged by turning the door knob from inside. 23. Metal framed glass doors shall have a dead bolt lock with a cylinder guard and a hardened steel throw that is a minimum of one inch long. 24. Front doors shall have a front door viewer that provides a minimum of 180 -degree peripheral vision. 25. 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. 26. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture. 27. Buildings shall be wired so that emergency radio systems will work in large concrete areas. Community Development Department — Building Division 28. Prior to issuance of a building permit, the ability of the building's existing foundation to support a second story shall be evaluated by the project engineer or architect and the analysis shall be submitted to the City. Community Development Department — Planning Division 29. The building techniques, materials, elevations, and appearance of this project, as presented for approval, shall be the same for the issuance of a building permit. Any additions, expansions, remodeling, etc., shall be subject to prior review and approval by the Planning Division. The approved plans are those prepared by Jerry Frate and Associates, labeled Molinari Addition and consist of Sheets 1-6, 8, 9 on file at the Planning Division. 30. Construction hours shall be limited to 7:00 AM to 5:00 PM, Monday through Friday only. A change in hours shall be subject to approval by the Planning Division. 31. The existing vegetation screen between the subject property and immediately adjacent properties shall be protected and maintained during construction and six months following completion. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. Any dead or dying plants shall be immediately replaced in kind. 32. The applicant shall plant screening vegetation to reduce views from the master bedroom window into the adjoining rear yard of the property at 85 San Marino Drive as directed by the Community Development Director following the discussion with the property owners. -4- 33. This Design Review approval shall be valid for two years from the date of approval or until May 6, 2004, and shall be null and void if a building permit is not issued or a time extension granted. 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 May, 2002 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEA9NE M. LEONdINI, City Clerk -S-