SAUSALITO PLANNING COMMISSION RESOLUTION NO

Transcription

1 SAUSALITO PLANNING COMMISSION RESOLUTION NO APPROVAL OF A DESIGN REVIEW PERMIT FOR THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE AND APPROVAL OF A TREE REMOVAL PERMIT AT 206 THIRD STREET (DR/TRP ) WHEREAS, on May 21, 2013 an application was filed by Michael Heacock, Architect, on behalf of property owners. Frits and Letty Venderlinden, requesting the following Planning Commission actions regarding the property at 206 Third Street (APN ):» Approval of a Design Review Permit to allow for the demolition of an existing single-family residence and the construction of a 1,941 square foot dwelling with rear yard decks and a singlecar garage and uncovered off-street parking space and related hardscape improvements; and Approval of a Tree Removal Permit to remove one protected tree, a 32-inch diameter Canary Island Date Palm tree. WHEREAS, the project site is located within the High Density Residential land use designation, and the Multiple-Family Residential (R-3) Zoning District; and WHEREAS, the Planning Commission conducted a duly-noticed public hearing on February 26, 2014, and March 12, 2014, at which time all interested persons were given an opportunity to be heard; and WHEREAS, the Planning Commission has reviewed and considered the information contained in the staff report dated February 26, 2014, for the proposed project; and WHEREAS, the Planning Commission has reviewed and considered the project plans titled "206 Third Street", date-stamped received February 18, 2014; and WHEREAS, the Planning Commission finds that the proposed project, as conditioned herein, is consistent with the General Plan and compiles with the requirements of the Zoning Ordinance as described in the staff report; and WHEREAS, the project, which includes the demolition of an existing single-family residence and the construction of a 1,941 square foot single-family residence in a residential area and is Categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303(a), New Construction. NOW, THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES: 1. The project is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15303, New Construction of a single-family dwelling in a residential area. 2. A Design Review Permit to allow for the demolition of an existing single-family residence and the construction of a 1,941 square foot single-family residence with an attached-one-car garage and one uncovered off-street parking space and other site improvements is approved based upon the findings provided in Attachment 1, and subject to the conditions of approval provided in Attachment 2. The project plans are provided in Attachment 3. Page 1 Page 1 of 12

2 3. A Tree Removal Permit to allow the removal of one 32-inGh diameter Canary Island Date Palm tree is approved based upon the findings provided in Attachment 1, and subject to the conditions of approval provided in Attachment 2. The project plans are provided in Attachment 3. RESOLUTION PASSED AND ADOPTED, at the regular meeting of the Sausalito Planning Commission on the 12th day of March, 2014, by the following vote: AYES; NOES: ABSENT: ABSTAIN: Commissioner: Commissioner: Commissioner: Commissioner: Cox, Keegin, Nichols Cleveland-Knowles Werner (Recused) None ATTACHMENTS 1- Findings 2- Conditions of Approval 3- Project Plans Lr\/?/uj^n Jerem^ACaVaves, AlCP Secret^Krio the Planning Commission l:\cdd\projects - ADDRESSVTAThird 206\DR \PC Reso FINAL.doc Page 2 Page 2 of 12

3 PLANNING COMMISSION RESOLUTION NO MARCH 12, 2014 DR/TRP THIRD STREET ATTACHMENT 1: FINDINGS DESIGN REVIEW PERMIT, TREE REMOVAL PERMIT DESIGN REVIEW PERMIT FINDINGS In accordance with Zoning Ordinance Section (Design Review Procedures), the Design Review Permit is approved based on the following findings: A) The proposed project is consistent with the General Plan, any applicable specific plans and this chapter.. The project, as conditioned, is consistent with all applicable policies, standards, and regulations of the General Plan and Zoning Ordinance, particularly those related to maintaining neighborhood compatibility, scale and architectural diversity, and preservation of private views. B) The proposed architecture and site design complements the surrounding neighborhood and/or district by either: a) Maintaining the prevailing design character of the neighborhood and/or district or b) Introducing a distinctive and creative solution which takes advantage of the unique characteristics of the site and contributes to the design diversity of Sausalito. The project has a modem architectural design featuring an overlapping metal standing seam curved roof. The project is designed to complement and be compatible with the varied mass and scale of the adjacent homes along Third Street. The street front elevation will be six inches taller than the existing residence, and is below the maximum height allowed under the Zoning Ordinance. The size and mass of the structure is within the maximum permitted development standards for the zoning district Furthermore, the project's contemporary architectural style provides diversity and interest along the streetscape that will contribute to the design diversity of Sausalito and to the Old Town neighborhood. C) The proposed project is consistent with the general scale of structures and buildings in the surrounding neighborhood and/or district. The project complies with the development standards in the Zoning Ordinance and the total floor area of 1,941 square-feet is similar to immediately surrounding residences which range from 1,200 to 2,700 square feet in floor area. D) The proposed project has been located and designed to minimize obstruction of public views and primary views from private property. The primary view corridor is to the east, and the adjacent dwellings on Third Street are located to take maximum advantage of that view. The project is designed to balance and minimize view impacts, and to improve some of the existing views from neighboring properties. This has been accomplished through an overlapping curved roof design in which that portion of the roof at the rear half of the new residence is approximately two and one half feet lower than the roof of the existing residence. The roofline at the front half of the new residence is taller than the roofline of the existing residence by six inches. Together with the removal of the existing palm tree, the decrease in roof height at the rear half of the new residence will expand upon existing views from neighboring properties. E) The proposed project will not result in a prominent building profile (silhouette) above a ridgeline. Page 3 Page 3 of 12

4 The subject parcel is not located along a ridgellne, thus the project does not result in a prominent building profile above the ridgeline. F) The proposed landscaping provides appropriate visual relief, complements the buildings and structures on the site, and provides an attractive environment for the enjoyment of the public. Landscaping for the front and rear of the property will reduce impacts to views and provide space for plantings while providing vehicular access to the property. The purpose of removing the 26-foot tall palm tree is to maintain and enhance existing views from neighboring properties. G) The design and location of buildings provide adequate light and air for the project site, adjacent properties, and the general public. The project is designed to limit impacts on light and air for the project site, adjacent properties, and the general public. The design represents a structure that is two feet narrower and three feet farther away from the north property line than the existing structure, while only increasing a portion of the roof line by six inches. While the top floor will see an increase in the building's mass, the solar and shade study on Sheet A11 of the project plan shows that the design provides an adequate level of availability to light and air for the project site, neighboring properties and the general public. The orientation of the house towards the east provides adequate light and air for the dwelling and the narrow width of the building reduces the shadowing effect on adjacent properties. H) Exterior lighting, mechanical equipment, and chimneys are appropriately designed and located to minimize visual, noise and air quality impacts to adjacent properties and the general public. All exterior lighting is fully shielded and downward facing as evidenced by the submitted colors and materials board. I) The project provides a reasonable level of privacy to the site and adjacent properties, taking into consideration the density of the neighborhood, by appropriate landscaping, fencing, and window deck and patio configurations. The new dwelling and adjacent homes are oriented with views to the east. A limited amount of windows face the properties to the south and north, and a majority of these windows are clear story windows, which will help to limit privacy impacts. Due to the scope of the project, the inclusion of a privacy screen between the lower rear deck and the property at 208 Third street, the project's orientation and location, and the existing development patterns and density of the surrounding neighborhood, impacts to privacy are not significant. J) Proposed entrances, exits, internal circulation, and parking spaces are configured to provide an appropriate level of traffic safety and ease of movement. The project is designed to meet current building codes to ensure adequate health and safety. The project is also required to meet current public improvement and engineering standards to facilitate traffic safety and ease of movement A new one-car garage is provided along with one uncovered off-street parking space for the single-family dwelling. Therefore, no negative impacts to traffic circulation and safety are anticipated beyond the project site's current conditions as there will not be an increase in the number of dwelling units on the property. K) The project site is consistent.with the guidelines for heightened review for projects which exceed 80% of the maximum allowed Floor Area Ratio and/or site coverage, as specified in subsection E (Heightened [Design] Review Findings). Heightened Review is not required for this project. Page 4 Page 4 of 12

5 TREE REMOVAL PERMIT DETERMINATIONS In accordance with Municipal Code Section ,6, the Planning Commission makes the following determinations with respect to the Tree Removal Permit. 1. In order to grant a tree removal or alteration permit, it must be determined that the action is necessary in order to accomplish any one of the following objectives: a. To allow reasonable enjoyment of the property, including sunlight, and the right to develop the property. The removal of the palm tree as described in the Staff Report dated February 26, 2014, is consistent with the above objective, which will allow the applicants, as well as some of the surrounding neighbors, a greater ability to enjoy their existing views without a need to prune the tree on an annual basis. 2. In order to grant a tree removal permit, it must be determined that any one of the following conditions is satisfied: a. The tree to be removed will be replaced by a desirable tree(s). As conditioned herein, a Final Landscape Plan shall be prepared for the review and approval by the Community Development Director showing the location of one 24-inch box tree to replace the palm tree being removed. l:\cdd\projects-address\t\thircl 206\DR \PC Reso FlNAL.doc Page 5 Page 5 of 12

6 PLANNING COMMISSION RESOLUTION NO MARCH 12, 2014 DR/TRP THIRD STREET ATTACHMENT 2: CONDITIONS OF APPROVAL These conditions apply to the project plans and "Materials and Colors" exhibit prepared by Michael Heacock Architects, Inc, entitled "206 Third Street" and date-stamped February 18, General Conditions 1. A Final Landscape Plan shall be prepared for the review and approval by the Community Development Director showing the location of one 24-inch box tree to replace the palm tree being removed. The location and species shall be determined by the property owner arid shall not be an undesirable tree. 2. Construction drawings shall include the following colors: a single color (i.e., Oatmeal) for the stucco siding; color of trim around all windows and doors, garage door, and front entry door to match the color (i.e., teak) of the wood siding above the garage; gutters and flashing painted grey to match the color of the roof. 3. A privacy screen shall be installed between the lower rear deck and the property at 208 Third Street. 4. All exterior lighting shall be fully shielded and downward facing. 5. Upon building permit submittal, the Conditions of Approval shall be shown on all construction drawings. 6. Upon building permit submittal the applicant shall provide a written response thoroughly and accurately demonstrating compliance with each Condition of Approval. 7. Upon building permit submittal, the applicant shall provide electronic copies and paper copies of the approved colors and materials board(s), including but not limited to all manufacturers' information related to materials, specifications, and cut sheets for all exterior lighting fixtures. 8. No alternative or unrelated construction, site improvements, tree removal and/or alteration, exterior alterations and/or interior alterations and/or renovations not specified in the project plans or alterations approved by the Community Development Director, shall be performed on the project site. In such cases, this approval shall be rendered null and void unless approved by the Community Development Director as a modification to this approval. 9. In the event that any condition imposing a fee, exaction, dedication or other mitigation measure is challenged by the project sponsors in an action filed in a court of law or threatened to be filed therein which action is brought within the time period provided by law, this approval shall be suspended pending dismissal or final resolution of such action. If any condition is invalidated by a court of law, the entire project shall be reviewed by the City and substitute conditions may be imposed. 10. The applicant shall indemnify the City for any and all costs, including without limitation attorneys' fees, in defending this project or any portion of this project and shall reimburse the Page 6 Page 6 of 12

7 City for any costs incurred by the City's defense of the approval of the project. 11. The Tree Removal Permit is effective with the issuance of related construction permits pursuant to Municipal Code Section D and no tree removal/alteration permit will be issued until all related building permits are approved. 12. The applicant shall post signage on the project site in a location clearly visible to and readable by the public which lists the construction hours, contractor's name and cell phone number, and any special conditions of approval. 13. Improvements within the public right-of-way shall conform to the Cities and County of Marin "Uniform Construction Standards," available online at: Third party peer reviews shall be required as determined by the City Engineer or authorized > designee. Such review shall be performed at the Developer's expense and may include the review of the final soils report, grading, hydrology, lot closure calculations, improvement plans, erosion control plans and post construction pollution prevention plans, and field inspections of permitted work. Developer shall submit a deposit to the City prior to third party review. 15. Prior to issuance of the Certificate of Occupancy, the applicant shall complete all necessary public improvements subject to the approval of the City Engineer. 16. Prior to issuance of a Building Permit the Developer's architect or civil engineer shall submit as applicable signed and sealed site improvement plans, grading plans, public improvement plans, utility plans and landscape plans for review and approval by the Public Works Department. Plans shall conform to the Cities and County of Marin "Uniform Construction Standards" within the public right of way and shall include, but not be limited to: drainage, frontage improvements, utilities, and earthwork. Grading / Geotechnical Conditions 17. Prior to issuance of a Building Permit an application for a Grading Permit shall be submitted. The Grading permit shall be obtained prior to commencement of any earthwork (cut, fill, structural excavation, etc). 18. As part of the Grading Permit application details of any off-hauling operation including, but not limited to size of trucks and weight (in tons) that they will haul, haul route, dust and debris control measures and the time and frequency of haul trips shall be submitted to the City for review prior to issuance of the Building Permit. The truck haul routes shall comply with SMC Section Prior to the issuance of a Building Permit, a final grading and drainage plan shall be prepared and stamped by a registered civil engineer and shall be submitted to the City for review and approval. Limits of proposed grading (cut, fill, structural excavation, etc.) shall be clearly defined and their quantities shall be shown on the plan. 20. Prior to the issuance of a Building Permit a note shall be added to the grading plan stating that the applicant's geotechnical engineer shall inspect and certify in writing that earthwork was performed in conformance with the approved grading plan and geotechnical report. 21. Prior to the issuance of a Building Permit, the project geotechnical engineer shall prepare and submit to the City a Plan Review Letter. The letter shall be on the geotechnical engineer's Page 7 Page 7 of 12

8 letterhead and shall confirm that the geotechnical engineer has reviewed the current project documents and that the design conforms to the intent of the geotechnical engineer's recommendations. 22. The applicant shall provide reasonable advance notice, a minimum of 14 calendar days, prior to the commencement of grading operations to owners of adjoining properties. 23. Prior to issuance of a Certificate of Occupancy, the project geotechnical engineer shall inspect and certify the earthwork is in conformance with the approved grading plan and geotechnical investigation report. 24. Prior to issuance of a Certificate of Occupancy, the project civil engineer or land surveyor shall certify the actual pad elevations. Drainage Conditions 25. Prior to issuance of a Building Permit drainage facilities shall be designed by a registered civil engineer. Drainage analysis and plans shall be subject to the review and approval of authorized City staff or independent consultant. 26. Prior to issuance of a Building Permit applicant shall have a final hydrology/hydraulics study prepared by a registered civil engineer which shall be submitted for review and approval by the City Engineer, designee or independent consultant. This study shall compare the existing, and proposed project peak flows for a ten year storm using the County of Marin's Hydrology Manual, Simplified Instructions. The proposed onsite storm drain system shall be designed such that there shall be no increase of peak flow off site for the ten year storm. 27. Prior to issuance of a Building Permit all proposed drainage facilities shall be clearly documented, labeled and detailed on the project grading and drainage plans. This shall include but not be limited to: downspouts, piping, retention systems, storm water routing, water treatment facilities, hydraulic structures, energy dissipaters and foundation drainage systems. 28. Storm drains carrying public runoff shall be routed only in roadway right-of-way. 29. Drain pipes and their discharge locations shall be shown on the plans. Drains need to discharge to public right-of-way or formal drain easement. Stormwater Poilution Prevention 30. Prior to issuance of a Building Permit the developer's civil engineer, shall submit a detailed erosion control plan, including cost estimate, for review and approval by the Department of Public Works. Erosion control plan shall incorporate guidelines and measures from the Marin County Stormwater Pollution Prevention Program's (MCSTOPPP) publication "Minimum Erosion/Sediment Control Measures for Small Construction Projects". 31. The applicant's contractor shall implement and maintain erosion control measures per the approved erosion control plan if construction occurs between October 15th and May 1st. During the remainder of the construction project, erosion control materials shall be stock piled on site for use should rain be forecast. 32. Grading work shall be limited to between April 1 and October 15 of any year. Between October 15 and April 15, all unvegetated ground surfaces shall be covered or otherwise protected against storm driven erosion. 33. The applicant's contractor shall provide adequate dust control measures during construction. Page 8 Page 8 of 12

9 34. Applicants contractor shall adhere to a Water Pollution Prevention Plan that at a minimum follows guidelines in MCSTOPPP's "Pollution Prevention It's Part of the Plan" 35. Prior to issuance of a Building Permit, the project site design shall conform to Guidance for Applicants, Stormwater Quality Manual for Development Projects in Marin County, A Low Impact Development Approach subject to the review and approval of the Engineering Division staff. Street Conditions 36. Prior to issuance of a Certificate of Occupancy, Encroachment Permits shall be obtained from the Department of Public Works prior to using the public right-of-way for non-public purposes (e.g., private parking, material and debris box storage, sidewalk construction or demolition, driveway connection). 37. Prior to issuance of a Certificate of Occupancy applicant shall repair or replace, at no expense to the City, damage to existing public facilities due to construction activities. Contractor shall save and protect all existing facilities not designated for removal or modification within the public right of way. 38. Emergency vehicle access and access to adjacent properties shall be maintained at all times throughout the duration of this project Utility Conditions 39. Prior to issuance of a Building Permit, if not already on file within the last three years of permit application, provide a video of the existing sanitary sewer lateral located below the new wall for review by the City Sanitary Sewer Systems Coordinator. As long as the existing facility is in use, defects shall be corrected. The project plans shall show the sanitary sewer lateral service subject to review and approval of the Sausalito Sanitary Sewer Systems Coordinator or an alternatively designated reviewer. Engineering Conditions 40. Construction materials, equipment, vehicles, and debris boxes shall be maintained in a clean and safe condition, and shall not be maintained in a manner that becomes a nuisance to the neighborhood. Debris box shall be emptied on a regular basis, else as directed by the City. Material stock piles & debris boxes shall be covered when not being accessed or filled to prevent material from blowing around the neighborhood. Construction materials, equipment, vehicles, and debris boxes shall be placed off-site only after securing an encroachment permit. 41. Geotechnical Engineering/Foundation Design/Shoring Design - A geotechnical report shall be prepared by a licensed geotechnical engineer. The report shall evaluate groundwater and develop recommendations for adequate structural foundations, on-site parking lot pavement structure, subdrainage to collect and convey groundwater discharges to public drain system. The report shall also evaluate and make recommendations as necessary to manage and control soil creep as well as unusual findings with regard to expansive soils. The report shall be evaluated and approved by the Engineering staff prior to issuance of Building permits. 42. Shoring and Foundation Systems that utilize tie backs shall be designed to not extend beyond property boundaries. Exception can be made if the property owner obtains a tie-back easement from affected private property owners. No exception will be granted for encroachments into public right-of-way. The project plans shall include a utility plan showing locations of service Page 9 Page 9 of 12

10 terminals/meters for gas, electric, cable TV, telephone, water, sanitary sewer and groundwater wells. The plan shall be subject to the review and approval by Engineering staff. Fire Department Conditions 43. A vertical overhead clearance of 13'6" shall be maintained free of obstructions above any roadbed (trees, bushes, etc.). 44. A fire sprinkler system shall be provided for all new construction. Fire sprinkler coverage shall be provided through the entire structure as per Uniform Fire Code Section Plans for fire sprinkler system design and hydraulic calculations shall be completed by a licensed C-16 sprinkler contractor and submitted to the County Building Department/Southern Marin Fire District for approval prior to installation. Fire sprinkler system design and installation shall conform to the provisions of the County Building Department/Southern Marin Fire District and N.F.P.A. Standard(s) 13, 13D or 13R. 46. The address shall be posted in accordance with requirements of the California Fire Code and SMFD standard 205 (Premises Identification). 47. Non-combustible roofing is required on all new roofs. NOTE: A "noncombustible" roof is a Class A roof (for other than Group R Occupancies, a Class A or Class A assembly) as defined in the California Building Code. Advisory Notes Advisory notes are provided to inform the applicant of Sausalito Municipal Code requirements, and requirements imposed by other agencies. These requirements include, but are not limited to, the items listed below. 48. Encroachment permit, grading permit, third party review fees (cost plus 10%) fees shall be paid. 49. An encroachment permit shall be obtained from the Department of Public Works prior to using the public right of way for non-public purposes (e.g., material storage, sidewalk construction or demolition) including any and all construction and demolition activities. 50. Grading/drainage permit(s) shall be obtained from the Department of Public Works for any earthwork of 50 cubic yards or more (SMC 17.08). 51. Grading on hillside lands composed of geologic formations known to slide will be limited to between April 15 and October 15 without written approval of the City Engineer. 52. Pursuant to Municipal Code Chapter 11.17, dumping of residues from washing of painting tools, concrete trucks and pumps, rock, sand, dirt, agricultural waste, or any other materials discharged into the City storm drain system that is not composed entirely of storm water is prohibited. Liability for any such discharge shall be the responsibility of person(s) causing or responsible for the discharge. Violations constitute a misdemeanor in accordance with Section B. 53. Pursuant to Municipal Code Section , the operation of construction, demolition, excavation, alteration, or repair devices and equipment within all residential zones and areas within a 500 foot radius of residential zones shall only take place during the following hours: Weekdays - Between 8:00 a.m. and 6:00 p.m. Saturdays - Between 9:00 a.m. and 5:00 p.m. Sundays - Prohibited City holidays (not including Sundays) - Between 9:00 a.m. and 7:00 p.m. Page 10 Page 10 of 12

11 54. Pursuant to Municipal Code Section , overhead electrical and communication service drops shall be placed underground when the main electrical service equipment (including the panel) is relocated, replaced, and/or modified. 55. Pursuant to Municipal Code Section , existing sewer service laterals shall be inspected for surface water connections and leakage at the time of remodeling of any building. Deteriorated sewer laterals shall be repaired prior to approval of the building permit. 56. Permits required by other agencies having jurisdiction within the construction area must be obtained in accordance with the respective agency's regulations. Marin Municipal Water District - ( ), including landscaping and irrigation regulations; Southern Marin Fire Protection District -- ( ). Prior to issuance of the 57. Pursuant to City of Sausalito Resolution 5116, roadway and subdivision improvements shall comply with the Uniform Construction Standards All Cities and County of Marin and as may be modified by the City Engineer. 58. Pursuant to City of Sausalito Resolution 5117, new private sewer construction shall comply with the Sausalito Marin City Sanitary District Standard Specification. Page 11 Page 11 of 12

12 PLANNING COMMISSION RESOLUTION NO MARCH 12, 2014 DR/TRP THIRD STREET ATTACHMENT 3; PROJECT PLANS l:\cdb\projects-address\t\third 206\DR \PC Reso FINAL.doc Page 12 Page 12 of 12