ZA Staff Report 333 Gull Point Court
CITY OF BENICIA ZONING ADMINISTRATOR HEARING: FEBRUARY 7, 2017 DATE
:
January 30, 2017
TO
:
Zoning Administrator
FROM
:
Renata Di Battista, Associate Planner
SUBJECT
:
VARIANCE FROM THE REAR YARD REQUIREMENT OF THE SINGLE-FAMILY RESIDENTIAL (RS) DISTRICT FOR THE PROPERTY LOCATED AT 333 GULL POINT COURT
PROJECT
:
16PLN-00044 Variance 333 Gull Point Court APN: APN 089-103-240
RECOMMENDATION: Approve a variance from the rear yard setback requirement of the Single-Family Residential (RS) District to allow for the construction of a raised deck in the side yard at the existing nonconforming home located at 333 Gull Point Court based on the findings and subject to the conditions of approval set forth in the draft Decision of Record, after determination that the project is exempt from the California Environmental Quality Act (CEQA). EXECUTIVE SUMMARY: The project applicant requests a variance to construct a side yard raised deck extending up to 9 feet 11 inches into the rear yard setback on the west side of the residence located at 333 Gull Point Court. The property is zoned SingleFamily Residential (RS). ENVIRONMENTAL ANALYSIS: This project is categorically exempt from CEQA pursuant to Guidelines Section 15301 (e), which exempts additions to existing structures involving negligible expansion of an existing use and Guidelines Section 15305 (a), minor setback variances not resulting in the creation of any new parcel. BACKGROUND: Applicant/Property Owner: Graham Day and Lacy Maxwell General Plan Designation: Low Density Residential Zoning: Single-Family Residential District Existing Use: Two-family residential, existing non-conforming use.
Table 1 - Adjacent uses and zoning: Existing Use Subject Site North
Zoning
Residential Vacant and Windward Cove Townhomes
South
Single-Family Residential and Open Space
East
Single-Family Residential
West
Carquinez Strait
Single-Family Residential (RS) Single-Family Residential and Medium Density Residential Single-Family Residential and Open Space Single-Family Residential N/A
General Plan Low Density Residential Low Density Residential and High Density Residential Low Density Residential and Parks Low Density Residential N/A
SUMMARY: A. Project Location and Description The subject property is an irregularly shaped lot located at 333 Gull Point Court, formerly known as 333 West G Street. It is bounded by a public trail and the Carquinez Strait to the West, a vacant parcel to the north, Gull Point Court to the South, and Single Family Residential to the east. The property was the subject of a minor subdivision in 1979 (LS-26-79), which created the parcel to the north. The lot split caused the subject 7,482 square foot lot to be irregularly shaped, wider than it is long with a jagged property line to the north.
2
Figure A – Project Location at 333 Gull Point Court
Subject Property
The property is improved with a 3,199 square foot two story home with a basement as well as a 270 square foot detached garage that is on the southeast corner of the property. The existing home has a sunroom and several small first and second story decks and balconies on the front, west side, and rear. Figure B – Southwest Elevation The southwest corner of house shows a small deck, which is in need of repair, immediately adjacent to but disconnected from both the atrium and front porch of the home.
3
Figure CNorthwest Elevation
Survey Stakes
Figure D-West Elevation
The northwest elevation shows two small room balconies at the north and west elevations and the atrium/sunroom in the middle of the western elevation. B. Project Analysis: Pursuant to Benicia Municipal Code (BMC) Section 17.24.030 (RS, RM and RH districts – Property development regulations), the required rear yard for the RS District is 15 feet. The subject residence is currently situated 8 feet 8 inches from the rear lot line and therefore is considered existing nonconforming with respect to the rear yard setback. Enlargement of a nonconforming structure is disallowed by Section 17.98.030 (Alterations and enlargements) of the BMC, while alterations are permitted as long as the discrepancy between existing conditions and development standards are not increased. Variances are intended to resolve practical 4
difficulties or unnecessary physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon. The applicant has requested a variance to add a side yard deck to the west side of the home. Rear Yard Variance to Construct a Raised Deck The applicants are in the process of remodeling the existing residence. The proposal seeks to replace two small decks on the western elevation of the house with a single raised deck, connecting to the front porch and wrapping around the existing atrium on the first story. A staircase would lead from the deck to the grade along the public shoreline trail. Construction of the raised deck includes a retaining wall below the deck. The proposal requires a variance to the 15 foot rear yard setback. The existing home is currently 8 foot 8 inches and if approved, the proposed deck would be 10 feet 11 inches from the parallel rear lot line and 5 foot 1 inch from the jagged portion of the rear lot line. The proposal does not seek to expand the structure any further into the rear yard. Rather, the proposed deck sits back from the rear façade of the house. C. Findings: Pursuant to Benicia Municipal Code Section 17.104.060, in order to approve the Variance, the Community Development Director must make all of the following findings: 1. That because of special circumstances or conditions applicable to the development site, including size, shape, topography, location or surroundings, strict application of the requirements of this title deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. This finding can be made. The subject property located at 333 Gull Point Court was developed with a residential dwelling unit prior to establishment of the RS District. Due to a minor subdivision in 1979, the parcel is wider than it is long and has an irregular rear lot line. As such, most of the outdoor space on the lot remains in the west side yard rather than the rear yard. 5
The proposed raised deck does not extend further into the rear yard than the rear façade of the existing residence. In fact, the rear façade currently is 8 feet 8 inches from the rear lot line while the proposed raised deck is 10 feet 11 inches from the parallel portion of the rear lot line. However, because the rear lot line jags inward just to the west of the proposed deck, the northwest corner of the deck will be 5 foot 1 inch from the indented portion of the rear lot line. Strict application of the requirements would preclude the construction of a portion of the proposed raised deck. However, two small room balconies are already situated on both the north and west elevations of the northwest corner of the home. 2. That granting the application will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare. This finding can be made. Constructing the raised deck will not be detrimental or injurious to property or improvements in the vicinity. The home as currently situated with two small decks and an atrium sunroom on the west side of the home has been in place for over 30 years without issue. The resultant configuration of a single raised deck along the western elevation of the home has no effects on the public health, safety, or welfare nor will it be detrimental or injurious to property in the vicinity as the property overlooks the Carquinez Strait and has no westerly neighbors. 3. That granting the application is consistent with the purposes of this title and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district. This finding can be made. The purposes of the Zoning Ordinance as stated in Section 17.04.030 (Purposes) are to protect and promote the public health, safety and general welfare and include: (C) Prevent excessive population densities and overcrowding of land or buildings. Granting the Variance to allow a raised deck on the existing home does not alter the land use density nor allow overcrowding in the area as it replaces two small decks along the western façade of the existing home. The requested Variance does not constitute a grant of special privilege because many residences in the neighborhood are improved with rear yard decks or patios. Due to the irregular shape of the lot that limits a 6
rear yard patio and the orientation of the house with western facing doors, a raised deck along the western elevation is not inconsistent with limitations on other properties in the vicinity. CONCLUSION: Based on the foregoing analysis, staff recommends approval of the Variance to construct a side yard raised deck extending up to 9 feet 11 inches into the rear yard setback on the west side of the existing nonconforming residence subject to the conditions of approval set forth in the proposed Decision of Record. FURTHER ACTION: Zoning Administrator action will be final unless appealed to the Planning Commission within ten business days. Attachments: Draft Decision of Record Project Plans and Details
7
DRAFT DECISION OF RECORD
8
DECISION OF RECORD 17- (ZA) A DECISION BY THE ZONING ADMINISTRATOR OF THE CITY OF BENICIA APPROVING A VARIANCE TO THE REAR YARD REQUIREMENT OF THE RESIDENTIAL SINGLE-FAMILY (RS) DISTRICT TO ALLOW FOR THE CONSTRUCTION OF A RAISED DECK IN THE SIDE YARD FOR THE PROPERTY LOCATED AT 333 GULL POINT COURT (16PLN-00044) WHEREAS, the applicants and property owners, Graham Day and Lacy Maxwell have submitted an application for Variance to construct a raised deck in the side yard of the existing nonconforming home located at 333 Gull Point Court (APN 089-103-240); and WHEREAS, the Zoning Administrator held a public hearing and considered pertinent information and documents. NOW, THEREFORE, BE IT RESOLVED that the Zoning Administrator of the City of Benicia approves Variance 16PLN-00044 and finds that: 1. The project is categorically exempt from CEQA pursuant to Guidelines Section 15301 (e), which exempts additions to existing structures involving negligible expansion of an existing use and Guidelines Section 15305 (a), minor setback variances not resulting in the creation of any new parcel. 2. Because of special circumstances or conditions applicable to the development site, including size, shape, topography, location or surroundings, strict application of the requirements of the Zoning Ordinance deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The subject property located at 333 Gull Point Court was developed with a residential dwelling unit prior to establishment of the RS District. Due to a minor subdivision in 1979, the parcel is wider than it is long and has an irregular rear lot line. As such, most of the outdoor space on the lot remains in the west side yard rather than the rear yard. The proposed raised deck does not extend further into the rear yard than the rear façade of the existing residence. In fact, the rear façade currently is 8 feet 8 inches from the rear lot line while the proposed raised deck is 10 feet 11 inches from the parallel portion of the rear lot line. However, because the rear lot line jags inward just to the west of the proposed deck, the northwest corner of the deck will be 5 foot 1 inch from the indented portion of the rear lot line.
9
Strict application of the requirements would preclude the construction of a portion of the proposed raised deck. However, two small room balconies are already situated on both the north and west elevations of the northwest corner of the home. 3. The project will not be detrimental to the public health, safety, or welfare and will not be detrimental to property or improvements in the vicinity. Constructing the raised deck will not be detrimental or injurious to property or improvements in the vicinity. The home as currently situated with two small decks and an atrium sunroom on the west side of the home has been in place for over 30 years without issue. The resultant configuration of a single raised deck along the western elevation of the home has no effects on the public health, safety, or welfare nor will it be detrimental or injurious to property in the vicinity as the property overlooks the Carquinez Strait and has no westerly neighbors. 4. Granting the Variance is consistent with the purposes of the Zoning Ordinance and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district. The purposes of the Zoning Ordinance as stated in Section 17.04.030 (Purposes) are to protect and promote the public health, safety and general welfare and include: (C) Prevent excessive population densities and overcrowding of land or buildings. Granting the Variance to allow a raised deck on the existing home does not alter the land use density nor allow overcrowding in the area as it replaces two small decks along the western façade of the existing home. The requested Variance does not constitute a grant of special privilege because many residences in the neighborhood are improved with rear yard decks or patios. Due to the irregular shape of the lot that limits a rear yard patio and the orientation of the house with western facing doors, a raised deck along the western elevation is not inconsistent with limitations on other properties in the vicinity. BE IT FURTHER RESOLVED that the Zoning Administrator of the City of Benicia hereby approves the Variance 16PLN-00044, subject to the following conditions: 1. This approval shall expire two years from the date of approval, unless made permanent by commencement of work that is diligently pursued to completion, subject to the issuance of building permits. This approval can be extended for one year if requested in writing prior to 10
the two-year expiration date; this extension is subject to approval by the Community Development Director. 2. The plans submitted for the building permit shall be in substantial compliance with the site plan and elevation received on January 3, 2017 “Exhibit “A” consisting of a cover sheet date stamped “Received” on January 3, 2017 and 10 additional sheets date stamped “Received” December 12, 2016, prepared by Steven McKee, Architect, and on file with the Community Development Department, except that: a. The project information box provided on the cover sheet shall be altered to delete mention of the previously applied for guest room extension and bathroom b. The front yard dimension to the deck shall be no less than 9 foot 5 inches and the deck shall be under 30” in height up to 15 foot 5 inches from the front lot line. 3. The project shall adhere to all applicable ordinances, plans, and specifications of the City of Benicia. 4. Any alteration of the approved plans, including substitution of materials, shall be requested in writing for review and approval by the Community Development Director prior to changes being made in the field. 5. Construction activities shall meet all municipal code requirements for hours of operation. Construction equipment shall be adequately muffled and controlled. These requirements shall be made a condition of all related contracts for the project. 6. Prior to issuance of a building permit, the applicant shall provide documentation of approval from the Bay Conservation and Development Commission (BCDC). 7. The applicant or permittee shall defend, indemnify, and hold harmless the City of Benicia or its agents, officers, and employees from any claim, action, or proceeding against the City of Benicia or its agents, officers, or employees to attack, set aside, void, or annul an approval of the Planning Commission, City Council, Community Development Director, or any other department, committee, or agency of the City concerning a development, variance, permit or land use approval which action is brought within the time period provided for in any applicable statute; provided, however, that the applicant’s or permittee’s duty to so defend, indemnify, and hold harmless shall be 11
subject to the City’s promptly notifying the applicant or permittee of any said claim, action, or proceeding and the City’s full cooperation in the applicant’s or permittee’s defense of said claims, actions, or proceedings. The foregoing decision was made by the Zoning Administrator on February 7, 2017.
_______________________________ Christina Ratcliffe, AICP Zoning Administrator Community Development Director
12
PROJECT PLANS AND DETAILS
13
:
January 30, 2017
TO
:
Zoning Administrator
FROM
:
Renata Di Battista, Associate Planner
SUBJECT
:
VARIANCE FROM THE REAR YARD REQUIREMENT OF THE SINGLE-FAMILY RESIDENTIAL (RS) DISTRICT FOR THE PROPERTY LOCATED AT 333 GULL POINT COURT
PROJECT
:
16PLN-00044 Variance 333 Gull Point Court APN: APN 089-103-240
RECOMMENDATION: Approve a variance from the rear yard setback requirement of the Single-Family Residential (RS) District to allow for the construction of a raised deck in the side yard at the existing nonconforming home located at 333 Gull Point Court based on the findings and subject to the conditions of approval set forth in the draft Decision of Record, after determination that the project is exempt from the California Environmental Quality Act (CEQA). EXECUTIVE SUMMARY: The project applicant requests a variance to construct a side yard raised deck extending up to 9 feet 11 inches into the rear yard setback on the west side of the residence located at 333 Gull Point Court. The property is zoned SingleFamily Residential (RS). ENVIRONMENTAL ANALYSIS: This project is categorically exempt from CEQA pursuant to Guidelines Section 15301 (e), which exempts additions to existing structures involving negligible expansion of an existing use and Guidelines Section 15305 (a), minor setback variances not resulting in the creation of any new parcel. BACKGROUND: Applicant/Property Owner: Graham Day and Lacy Maxwell General Plan Designation: Low Density Residential Zoning: Single-Family Residential District Existing Use: Two-family residential, existing non-conforming use.
Table 1 - Adjacent uses and zoning: Existing Use Subject Site North
Zoning
Residential Vacant and Windward Cove Townhomes
South
Single-Family Residential and Open Space
East
Single-Family Residential
West
Carquinez Strait
Single-Family Residential (RS) Single-Family Residential and Medium Density Residential Single-Family Residential and Open Space Single-Family Residential N/A
General Plan Low Density Residential Low Density Residential and High Density Residential Low Density Residential and Parks Low Density Residential N/A
SUMMARY: A. Project Location and Description The subject property is an irregularly shaped lot located at 333 Gull Point Court, formerly known as 333 West G Street. It is bounded by a public trail and the Carquinez Strait to the West, a vacant parcel to the north, Gull Point Court to the South, and Single Family Residential to the east. The property was the subject of a minor subdivision in 1979 (LS-26-79), which created the parcel to the north. The lot split caused the subject 7,482 square foot lot to be irregularly shaped, wider than it is long with a jagged property line to the north.
2
Figure A – Project Location at 333 Gull Point Court
Subject Property
The property is improved with a 3,199 square foot two story home with a basement as well as a 270 square foot detached garage that is on the southeast corner of the property. The existing home has a sunroom and several small first and second story decks and balconies on the front, west side, and rear. Figure B – Southwest Elevation The southwest corner of house shows a small deck, which is in need of repair, immediately adjacent to but disconnected from both the atrium and front porch of the home.
3
Figure CNorthwest Elevation
Survey Stakes
Figure D-West Elevation
The northwest elevation shows two small room balconies at the north and west elevations and the atrium/sunroom in the middle of the western elevation. B. Project Analysis: Pursuant to Benicia Municipal Code (BMC) Section 17.24.030 (RS, RM and RH districts – Property development regulations), the required rear yard for the RS District is 15 feet. The subject residence is currently situated 8 feet 8 inches from the rear lot line and therefore is considered existing nonconforming with respect to the rear yard setback. Enlargement of a nonconforming structure is disallowed by Section 17.98.030 (Alterations and enlargements) of the BMC, while alterations are permitted as long as the discrepancy between existing conditions and development standards are not increased. Variances are intended to resolve practical 4
difficulties or unnecessary physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon. The applicant has requested a variance to add a side yard deck to the west side of the home. Rear Yard Variance to Construct a Raised Deck The applicants are in the process of remodeling the existing residence. The proposal seeks to replace two small decks on the western elevation of the house with a single raised deck, connecting to the front porch and wrapping around the existing atrium on the first story. A staircase would lead from the deck to the grade along the public shoreline trail. Construction of the raised deck includes a retaining wall below the deck. The proposal requires a variance to the 15 foot rear yard setback. The existing home is currently 8 foot 8 inches and if approved, the proposed deck would be 10 feet 11 inches from the parallel rear lot line and 5 foot 1 inch from the jagged portion of the rear lot line. The proposal does not seek to expand the structure any further into the rear yard. Rather, the proposed deck sits back from the rear façade of the house. C. Findings: Pursuant to Benicia Municipal Code Section 17.104.060, in order to approve the Variance, the Community Development Director must make all of the following findings: 1. That because of special circumstances or conditions applicable to the development site, including size, shape, topography, location or surroundings, strict application of the requirements of this title deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. This finding can be made. The subject property located at 333 Gull Point Court was developed with a residential dwelling unit prior to establishment of the RS District. Due to a minor subdivision in 1979, the parcel is wider than it is long and has an irregular rear lot line. As such, most of the outdoor space on the lot remains in the west side yard rather than the rear yard. 5
The proposed raised deck does not extend further into the rear yard than the rear façade of the existing residence. In fact, the rear façade currently is 8 feet 8 inches from the rear lot line while the proposed raised deck is 10 feet 11 inches from the parallel portion of the rear lot line. However, because the rear lot line jags inward just to the west of the proposed deck, the northwest corner of the deck will be 5 foot 1 inch from the indented portion of the rear lot line. Strict application of the requirements would preclude the construction of a portion of the proposed raised deck. However, two small room balconies are already situated on both the north and west elevations of the northwest corner of the home. 2. That granting the application will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare. This finding can be made. Constructing the raised deck will not be detrimental or injurious to property or improvements in the vicinity. The home as currently situated with two small decks and an atrium sunroom on the west side of the home has been in place for over 30 years without issue. The resultant configuration of a single raised deck along the western elevation of the home has no effects on the public health, safety, or welfare nor will it be detrimental or injurious to property in the vicinity as the property overlooks the Carquinez Strait and has no westerly neighbors. 3. That granting the application is consistent with the purposes of this title and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district. This finding can be made. The purposes of the Zoning Ordinance as stated in Section 17.04.030 (Purposes) are to protect and promote the public health, safety and general welfare and include: (C) Prevent excessive population densities and overcrowding of land or buildings. Granting the Variance to allow a raised deck on the existing home does not alter the land use density nor allow overcrowding in the area as it replaces two small decks along the western façade of the existing home. The requested Variance does not constitute a grant of special privilege because many residences in the neighborhood are improved with rear yard decks or patios. Due to the irregular shape of the lot that limits a 6
rear yard patio and the orientation of the house with western facing doors, a raised deck along the western elevation is not inconsistent with limitations on other properties in the vicinity. CONCLUSION: Based on the foregoing analysis, staff recommends approval of the Variance to construct a side yard raised deck extending up to 9 feet 11 inches into the rear yard setback on the west side of the existing nonconforming residence subject to the conditions of approval set forth in the proposed Decision of Record. FURTHER ACTION: Zoning Administrator action will be final unless appealed to the Planning Commission within ten business days. Attachments: Draft Decision of Record Project Plans and Details
7
DRAFT DECISION OF RECORD
8
DECISION OF RECORD 17- (ZA) A DECISION BY THE ZONING ADMINISTRATOR OF THE CITY OF BENICIA APPROVING A VARIANCE TO THE REAR YARD REQUIREMENT OF THE RESIDENTIAL SINGLE-FAMILY (RS) DISTRICT TO ALLOW FOR THE CONSTRUCTION OF A RAISED DECK IN THE SIDE YARD FOR THE PROPERTY LOCATED AT 333 GULL POINT COURT (16PLN-00044) WHEREAS, the applicants and property owners, Graham Day and Lacy Maxwell have submitted an application for Variance to construct a raised deck in the side yard of the existing nonconforming home located at 333 Gull Point Court (APN 089-103-240); and WHEREAS, the Zoning Administrator held a public hearing and considered pertinent information and documents. NOW, THEREFORE, BE IT RESOLVED that the Zoning Administrator of the City of Benicia approves Variance 16PLN-00044 and finds that: 1. The project is categorically exempt from CEQA pursuant to Guidelines Section 15301 (e), which exempts additions to existing structures involving negligible expansion of an existing use and Guidelines Section 15305 (a), minor setback variances not resulting in the creation of any new parcel. 2. Because of special circumstances or conditions applicable to the development site, including size, shape, topography, location or surroundings, strict application of the requirements of the Zoning Ordinance deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The subject property located at 333 Gull Point Court was developed with a residential dwelling unit prior to establishment of the RS District. Due to a minor subdivision in 1979, the parcel is wider than it is long and has an irregular rear lot line. As such, most of the outdoor space on the lot remains in the west side yard rather than the rear yard. The proposed raised deck does not extend further into the rear yard than the rear façade of the existing residence. In fact, the rear façade currently is 8 feet 8 inches from the rear lot line while the proposed raised deck is 10 feet 11 inches from the parallel portion of the rear lot line. However, because the rear lot line jags inward just to the west of the proposed deck, the northwest corner of the deck will be 5 foot 1 inch from the indented portion of the rear lot line.
9
Strict application of the requirements would preclude the construction of a portion of the proposed raised deck. However, two small room balconies are already situated on both the north and west elevations of the northwest corner of the home. 3. The project will not be detrimental to the public health, safety, or welfare and will not be detrimental to property or improvements in the vicinity. Constructing the raised deck will not be detrimental or injurious to property or improvements in the vicinity. The home as currently situated with two small decks and an atrium sunroom on the west side of the home has been in place for over 30 years without issue. The resultant configuration of a single raised deck along the western elevation of the home has no effects on the public health, safety, or welfare nor will it be detrimental or injurious to property in the vicinity as the property overlooks the Carquinez Strait and has no westerly neighbors. 4. Granting the Variance is consistent with the purposes of the Zoning Ordinance and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district. The purposes of the Zoning Ordinance as stated in Section 17.04.030 (Purposes) are to protect and promote the public health, safety and general welfare and include: (C) Prevent excessive population densities and overcrowding of land or buildings. Granting the Variance to allow a raised deck on the existing home does not alter the land use density nor allow overcrowding in the area as it replaces two small decks along the western façade of the existing home. The requested Variance does not constitute a grant of special privilege because many residences in the neighborhood are improved with rear yard decks or patios. Due to the irregular shape of the lot that limits a rear yard patio and the orientation of the house with western facing doors, a raised deck along the western elevation is not inconsistent with limitations on other properties in the vicinity. BE IT FURTHER RESOLVED that the Zoning Administrator of the City of Benicia hereby approves the Variance 16PLN-00044, subject to the following conditions: 1. This approval shall expire two years from the date of approval, unless made permanent by commencement of work that is diligently pursued to completion, subject to the issuance of building permits. This approval can be extended for one year if requested in writing prior to 10
the two-year expiration date; this extension is subject to approval by the Community Development Director. 2. The plans submitted for the building permit shall be in substantial compliance with the site plan and elevation received on January 3, 2017 “Exhibit “A” consisting of a cover sheet date stamped “Received” on January 3, 2017 and 10 additional sheets date stamped “Received” December 12, 2016, prepared by Steven McKee, Architect, and on file with the Community Development Department, except that: a. The project information box provided on the cover sheet shall be altered to delete mention of the previously applied for guest room extension and bathroom b. The front yard dimension to the deck shall be no less than 9 foot 5 inches and the deck shall be under 30” in height up to 15 foot 5 inches from the front lot line. 3. The project shall adhere to all applicable ordinances, plans, and specifications of the City of Benicia. 4. Any alteration of the approved plans, including substitution of materials, shall be requested in writing for review and approval by the Community Development Director prior to changes being made in the field. 5. Construction activities shall meet all municipal code requirements for hours of operation. Construction equipment shall be adequately muffled and controlled. These requirements shall be made a condition of all related contracts for the project. 6. Prior to issuance of a building permit, the applicant shall provide documentation of approval from the Bay Conservation and Development Commission (BCDC). 7. The applicant or permittee shall defend, indemnify, and hold harmless the City of Benicia or its agents, officers, and employees from any claim, action, or proceeding against the City of Benicia or its agents, officers, or employees to attack, set aside, void, or annul an approval of the Planning Commission, City Council, Community Development Director, or any other department, committee, or agency of the City concerning a development, variance, permit or land use approval which action is brought within the time period provided for in any applicable statute; provided, however, that the applicant’s or permittee’s duty to so defend, indemnify, and hold harmless shall be 11
subject to the City’s promptly notifying the applicant or permittee of any said claim, action, or proceeding and the City’s full cooperation in the applicant’s or permittee’s defense of said claims, actions, or proceedings. The foregoing decision was made by the Zoning Administrator on February 7, 2017.
_______________________________ Christina Ratcliffe, AICP Zoning Administrator Community Development Director
12
PROJECT PLANS AND DETAILS
13
