Staff recommends the Planning Commission approve the findings and conditions of approval provided below.

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1 Murray Lane PC Meeting: 8/11/2015 Business Item No.: 2 Larkspur Planning Department Memo To: From: Larkspur Planning Commission Kristin Teiche, Senior Planner Date: August 11, 2015 RE: DR #15-18; Polsky Perlstein Architects, Applicant; Chad and Leah Solter, Property Owner; 1 Murray Lane, Larkspur; Assessor's Parcel: 020-031- 14; R-1 (First Residential) Zoning District. ACTION/REQUEST Applicant is requesting Design Review for a proposed 5,835 sq. ft., two story, single family residence (including garage) to be located on a 20,765 sq. ft. vacant lot. BACKGROUND On July 28, 2015, the Planning Commission heard the proposed application for construction of a new single family dwelling and related site improvements. At the conclusion of the hearing, the Commission determined that this project may be approved, based upon the Commissions discussion, and the conditions of approval provided in the staff report. This item was carried over as a business item on the August 11, 2015 agenda to allow the Commission to review and adopt the findings for approval. Staff has also included the conditions of approval for the Commissions review. STAFF RECOMMENDATION Staff recommends the Planning Commission approve the findings and conditions of approval provided below. FINDINGS Design Review A. Criteria. The proposed structure or alteration is substantially in conformance with Section 18.64.050, Criteria for Approval of Applications. As designed, the Planning Commission finds the proposed structure and site design to be in substantial conformance with the criteria for approval.

B. Compatibility with neighbors. The height, elevations, and placement on the site of the proposed structure or addition are compatible with the prevailing neighborhood character and scale and with the existing pattern of development in the neighborhood and/or commercial area. Further, the proposed structure or addition avoids significant or unreasonable loss or interference with privacy, light, solar access, and prominent scenic views (i.e., views of hillsides, Mt. Tamalpais, and San Francisco Bay from primary living areas). This site is unique being a large flat parcel that abuts developed commercial lot at its east side, and two street frontages on the north and south sides (Estelle Avenue and Murray Lane). The existing two story commercial building at 1177 Magnolia Avenue and the established vegetative barrier along the Estelle Avenue frontage will obscure views into the lot. Only the westerly side lot line abuts another residential property (5 Murray Lane), which is also proposed for redevelopment. As designed, the larger and taller portions of the building footprint are placed to the east and south sides of the lot, away from 5 Murray Lane. Only a single story, narrow, building profile extends toward the shared residential property line with 5 Murray Lane. The residence at 9 Murray Lane beyond is an historic farm house with a similar height and design elements as the proposed residence. Due to the above site conditions, the visual separation of this lot from other surrounding established neighborhoods, and design of the adjacent historic residence at 9 Murray Lane, the Commission finds that the proposed height, elevations, and placement on the site are compatible with the prevailing neighborhood character and scale, and with the existing pattern of development in the neighborhood and adjacent commercial area. Further, the separation of this lot from most surrounding residential properties, the increased elevation of homes on Estelle Avenue, and the orientation of the structure on the lot, appear to minimize any potential negative impacts on views light or air for surrounding residences. C. Bulk. The orientation and scale of the proposed structure or addition in relation to the immediate neighborhood minimizes the perception of excessive bulk. The proposed structure or addition employs architectural features and details, which minimize, rather than accentuate, the prominence of the structure. This site is unique being a flat parcel, located behind a developed two story commercial structure to the east, and bounded by two street frontages on the north and south sides. There is an established vegetated seasonal creek located between the Estelle Avenue frontage and developable portion of the lot, obscuring views and increasing the separation. The large commercial building on Magnolia Avenue, combined with the narrow Murray Lane Roadway also limit views of the front of the lot and proposed two story elevation of the residence. Further, the larger and taller portions of the building footprint are placed to the east and south sides of the lot, adjacent to the commercial property and vegetated creek. As such, the Commission finds that the site conditions and building placement limit any direct views of the structure and minimize the impression of excessive bulk. Additionally, the proposed site layout, the limited views afforded of the structure, and the variations in the roof elements, will minimize the prominence of the structure. D. Overall Design. Architectural features of multiple structures, additions, or design elements combine together in an attractive and visually cohesive manner. Further, the overall composition of the proposed structure or addition is compatible with and compliments the historic, architectural, and/or aesthetic character of the neighborhood or commercial area. These considerations include, but are not limited to, the structure s architectural style, size, design 2

quality, use of building materials, and similar elements (e.g., relative to residential development, garage location, garage doors-number and size, window styles, front porches or entry stoops). The character of the home is a unique contemporary design that appears to borrow elements from the Farm House style of architecture. Exterior finishes include vertical board and batten siding, divided lite windows and stone veneer on the chimney. The structure is comprised of both two story and single story elements, with steep gabled rooflines and cross dormers, finished with a standing seam metal roof. Due to the rather complicated building shape and roof design, the height of the structure varies. The building footprint is designed in a J shaped pattern with the hook end wrapping around a covered indoor/outdoor area designated the Loggia. The J shaped design serves to focus the home internally toward the pool and yard areas and away from the adjacent commercial property at 1177 Magnolia Avenue. The farm house style of architecture and vertical elements of the design are reflective of, and complement, the existing historic farmhouse located at 9 Murray Avenue. As designed, the Commission finds that the architectural features and noted design elements combine together in an attractive and visually cohesive manner. Further, the overall composition of the proposed structure is compatible with, and compliments, the historic residence at 9 Murray Lane and the character of the neighborhood. E. Other Plans and Regulations. The project is consistent with any applicable specific, area, or precise plans and conforms to the standards and regulations of all applicable provisions of the Larkspur Municipal Code. This site is not subject to any special area plans or precise plan regulations. As designed, and subject to the conditions of approval, the subject site conforms to all applicable standards and regulations of the Larkspur Municipal Code. F. Public Health, Safety and Welfare. The location, size, design, and characteristics of the proposed structure(s) are compatible with an will not be detrimental to the public health, safety and welfare of the persons residing in or working in the proposed structures or in developments adjacent to the proposed project. This includes the layout of the structures, parking, circulation, pathways, landscaping and other amenities proposed for the site. The proposed project is limited to construction of a single family residence on a vacant parcel located within a single family residential zoning district. The location, size, design, and characteristics of the proposed residence and site improvement will not be detrimental to the public health, safety and welfare of the persons residing in or working in the proposed structures or in developments adjacent to the project. The structure will be required to meet all current building and fire codes, as well as site grading and drainage regulations. A construction management plan will be required prior to issuance of a building permit, subject to approval by the City Engineer. G. Green Building. The project design includes features that foster renewable energy and/or resource conservation, and the overall project (i.e., site design, building construction, energy efficiency, and waste reduction) meets or exceeds the applicable compliance threshold for green building as set forth by resolution of the City Council. 3

The project is required to incorporate sufficient green building measures to meet or exceed the minimum requirements of the applicable State and local green building regulations as set forth by the California Green Building Standards (CALGreen) Code and LMC Chapter 15 LMC at the time of submittal of building permits. CONDITIONS OF APPROVAL Project Approval 1. Project Approval. Application DR 15-18, proposing construction of a new 5,835 sq. ft. two story, single family residence, and site improvements. Construction at 1 Murray Lane shall be limited to, and remain in substantial conformance with the approved plans, entitled Solter Residence, Murray Lane, prepared by Polsky Perlstein Architects, and received on July 20, 2015. 2. Payment of Processing Fees. Approval of applications DR 15-18 shall not be considered valid until any and all outstanding application processing fees are paid in full to the City of Larkspur. This condition is not intended to extend or abrogate the time periods established under Section 18.76.070 of the Larkspur Municipal Code. Prior to Issuance of a Building Permit 3. Murray Lane Improvements. The applicant shall provide full improvement plans for the Murray Lane street improvements. 4. Minor Modifications. The Planning Director is authorized to approve minor modifications to the project. 5. Title Report Required. A Preliminary Title Report must be provided with submittal of the building permit application and plans. Document must include the grant deed and title items, site plan must show all existing easements and other relevant title items. 6. Survey Required - Building Permit Submittal. Topographic survey information should be included either on the site plan or a separate plan. The basis for determining elevations (assumed, NGVD, or NAVD) should also be clearly indicated. The surveyor s name and license number must be included. 7. Building Permit Site Plan. Site plan shall depict all existing utilities, site drainage, encumbrances and easements as provided in the title report, buildings, setbacks, site work, etc. 8. Utility Plan. The project will require a Utility Plan (if not shown on the Site Plan) showing the existing site utilities and their alignment and locations, along with any proposed new locations or alignments for sewer, water, irrigation, gas, electrical, telephone, cable TV, etc.. 9. Undergrounding of Utilities. All utilities shall be undergrounded in conformance with Chapter 15.38 Underground Utilities. 10. Engineer Stamp Required. A registered Architect or Engineer s stamp and signature must be placed on all plan pages. 4

11. Plans Must Comply with Applicable Codes. All construction and construction related activities shall be in conformance with the 2013 California Building, Residential, Electrical, Mechanical, Energy, Fire, Green Building, Larkspur Municipal Codes and State Historic Building Code, as applicable. 12. Roofing. Class A roofing materials are required for all new roofs, and for reroofs and additions exceeding 25% of the existing roof area, LMC 15.08.020. 13. Fire Sprinkler System Required. An automatic fire sprinkler system shall be installed in accordance with the applicable provisions of NFPA 13 or NFPA 13D and will require a separate permit. LMC 14.04.050. 14. CalGreen. The project is required to comply with CalGreen at the Mandatory Measures level. Worksheets are available on the City website at: http://www.ci.larkspur.ca.us/index.aspx?nid=559. 15. Geotechnical/Soils Report Required. A geotechnical report is required or a letter from a geotechnical engineer shall be provided stating why a geotechnical report should not be required. The geotechnical investigation should address site preparation, foundation, grading and drainage recommendations. 16. Grading Permit Required. This project will require a Grading Permit pursuant to Larkspur Municipal Code Chapter 15.20 Grading, Excavations and Fills. 17. Site Drainage and Compliance with MCSTOPP. The project will require a detailed Grading Plan & Drainage Plan showing cut and fill earth volumes. Said plans shall incorporate, as appropriate, the MCSTOPPP Guidance for Applicants: Stormwater Quality Manual for Development Project in Marin County. This can be found at the following website: (http://www.marincounty.org/depts/pw/divisions/mcstoppp/development/~/media/files/de partments/pw/mcstoppp/guidanceforapplicantsv_2508.pdf). 18. Erosion Control Required. The project will require an Erosion and Sediment Control Plan incorporating, as appropriate, the MCSTOPPP Minimum Erosion/Sediment Control Measures for Small Construction Projects. http://www.marincounty.org/depts/pw/divisions/mcstoppp/development/~/media/files/departments/ PW/mcstoppp/development/MECM_final_2009.pdf 19. Encroachment Permit. An encroachment permit is required for all improvements, work activities, and staging or storage of equipment and materials within the public right of way, subject to approval of the Director of Public Works. 20. Encroachment License Agreement will be required for the existing garage and parking deck that and any other private improvements located in the public right-of-ways fronting this lot. 21. Plans Required for Building Permit Submittal. Applicant shall provide four copies of the required architectural and structural plans, details, and calculations, prepared and stamped by a licensed structural engineer, for the proposed residential development. 5

22. Construction Management Plan Required. The project will require a Construction Management Plan identifying the following: estimated project duration, construction schedule of milestones (excavation, grading, and off-haul duration; foundation work; framing; flatwork/paving; punch list/final inspection), excavation and disposal methods and equipment to be used, the site access location, materials storage location, truck loading area, haul route and traffic management. 23. Permanent Erosion Control Plan (landscape plan. This project will require a permanent erosion control plan approved by Marin Municipal Water District. During Construction 24. Site Inspection - General. City staff, historic architect, and building inspector shall have the right to enter the property at all times during construction to inspect operating procedures, progress, compliance with permit, conditions of approval, and applicable codes. 25. BEFORE APPROVAL OF THE FOUNDATION INSPECTION FOR THE EXISTING BUILDING AND PROPOSED ADDITIONS: A licensed Land Surveyor or Civil Engineer with proper certification shall conduct a survey of the side yard property lines and install property line markers that can be readily verified by Building Inspection staff to verify NEW construction will be within the property boundaries of the lot, and submit a written (stamped) confirmation to the Building Department that the staking of the property lines has been completed. The requirement for new survey markers may be waived if property survey markers already exist at the site and can be used by Building Inspection staff to definitively locate property lines. 26. Violation of Permits. Should it be it be determined at any time that the construction project has unreasonably exceeded or violated the scope of the permits, a STOPWORK order shall be issued and an independent site monitor be retained by the City, at the expense of the property owner, prior to continuance of any grading and/or construction activities. In addition to standard fines and/or appropriate remedies, the independent monitor will conduct on-site inspections on a weekly basis during the construction phase of the project, to assure continued compliance with the permit approvals until final inspection and occupancy. 27. Work Hours. Construction activities shall only occur only between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, and from 9:00 a.m. to 5:00 p.m. on weekends and holidays. All grading, excavation, and fill activity shall only occur between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, and no such activity shall occur on weekends or holidays. 28. Foundation Inspection. BEFORE APPROVAL OF THE FOUNDATION INSPECTION: The project Geotechnical Engineer shall inspect all foundation reinforcing and embedments and submit a written (stamped) verification that all is in conformance with the approved Construction Documents. 29. Framing Inspection. BEFFORE APPROVAL OF THE FRAMING INSPECTION: The project Structural Engineer, Architect, or Special Inspector shall inspect all lateral force resisting elements of the structure and submit a written (stamped) verification that all is in conformance with the approved Construction Documents. 30. Sanitary Sewer Work. Work involving sanitary line connections or modifications must get approval of Sanitary District No. 1. 6

31. Dust Control and Debris. Dust control shall be required as necessary on the site. All loads carried to and from the site shall be securely covered, and the public right-of-way must be kept free of dirt and debris at all times. Materials shall not be stored in the public rightof-way except as approved by encroachment permit issued by the Department of Public Works. 32. Traffic Management - Construction. Traffic management and vehicular safety is the responsibility of the applicant who shall prepared a traffic management plan and shall obtain approval of said plan from the Department of Public Works. General Project Conditions 33. Exterior Lighting. Any wall lighting installed on any exterior wall, in the side or rear yards shall be low voltage and down-lit to avoid potential glare toward surrounding properties and Magnolia Avenue. 34. Permit Expiration. The planning permit approval will expire two years from the final approval date of this project unless construction has commenced. 7