HomeMy WebLinkAboutDRB 2018-05-22 #4REPORT TO DESIGN REVIEW BOARD
SUBJECT: 10 Elda Court - Request for Variance and Environmental and Design Review to legalize a
fence/retaining wall structure that has been built over the height limit and is located within the
street side yard setback area The fence/wall structure has been built on the property line and
has a combined height of 11.75 feet, which exceeds the maximum allowable combined height
by 6.75 feet; APN: 175-234-03; Single-family Residential (R7.5) District; Abby Emadzadeh
owners/applicant; File No(s).: ED18-031/V18-007
PROPERTY FACTS
Location
General Plan Designation
Project Site:
Low Density Residential
North:
Low Density Residential
South:
Low Density Residential
East:
Low Density Residential
West:
Low Density Residential
Lot Size
Required:
7,500 square feet
Proposed:
8,800 square feet
Height
Allowed:
Max combined height
6 feet
■ Retaining wall:
4 feet
■ Fence:
6 feet
Proposed:
Combined height 11.75 feet
■ Retaining wall:
5.75 feet
■ Fence:
6 feet
Parking
n/a
Min. Lot Width (New lots)
n/a
Outdoor Area
n/a
Landscape Area
n/a
Grading
Total: unknown
Zoning Designation
R7.5
R7.5
R7.5
R7.5
R7.5
Lot Coverage (Max.)
n/a
Residential Density
n/a
Existing Land -Use
Single-family Residential
Single-family Residential
Single-family Residential
Single-family Residential
Single-family Residential
Upper Floor Area (Non -hillside residential)
n/a
Setbacks: n/a
Tree Removal
n/a
SUMMARY
The proposed project is being referred to the Design Review Board for recommendation on an 11.75 -
foot high fence that was constructed without the required review by the Board.
In November 2017, the applicant received authorization to replace an existing non -conforming fence
pursuant to San Rafael Zoning Code Section 14.16.140.D, based on findings that the fence existed
since the 1990's, and that the replacement would be in the same location and the same height as what
existed. In the months that followed, the applicant began construction of the retaining wall closer to the
property line and substantially higher than what was authorized. Despite notification by City officials
that the construction was not in compliance with approved plans, the applicant continued construction
and on January 29, 2018, the City discovered that the fence/wall structure was completed. The project
was referred to code enforcement and on April 13, 2019, the applicant filed for a request for legalization
of the now constructed 11.75 -foot high fence/wall structure. Due to the height of the fence/wall
structure the project requires the following review:
• Variance - fence and retaining wall structures that exceed the maximum combined height by 2
feet may request an Exception with recommendation by the Design Review Board. Because
the project involves a fence and wall structure that exceeds the maximum height by 6 feet, a
Variance is required.
• Environmental and Design Review - fence and retaining wall structures that exceed a combined
height of 6 feet require Environmental and Design Review with recommendation by the Design
Review Board
The Zoning Administrator has decision making authority on this type of Variance. A final decision on
the Variance is not within the purview of the Design Review Board. However, the board is asked to
provide design recommendations, including recommendations on possible alternatives, to help the
Zoning Administrator with the final decision on the Variance.
BACKGROUND
History
On October 30, 2017, the City received a request for zoning verification seeking concurrence from the
Planning Department that the an existing 6 -foot high fence located above an 1.5 -foot to 3.5 foot
retaining wall located near the street side yard property boundary was existing non -conforming and
therefore could be reconstructed in place in compliance with San Rafael Municipal Code Section
14.16.140D.
November 13, 2017, the City issued a decision (see Exhibit 2) that the existing fence could be
reconstructed in place using concrete block retaining wall and a Certainteed vinyl fencing based on the
following findings:
• The fence existed on or before January 1, 1992.
• The applicant has submitted photographs taken that show the fence existed in 1990.
• The City's aerial photos show a fence existed at this location in the 1990s.
• The applicant shall obtain a building permit before the replacement occurs.
On November 16, 2017, the applicant submitted for and received a building permit for the replacement
of the retaining wall and fence at the height that was approved on November 13, 2017.
On November 28, 2017, the City's Building Inspector conducted an inspection of the footings for the
approved 3.5 -foot retaining wall. The inspection passed as it complied with the building permit plans.
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On December 21, 2017, the City's Building Inspector conducted a follow-up inspection for the retaining
wall and determined that the retaining wall exceeded the height of the approved plans and advised the
applicant to contact the Planning Department for approval of the revisions prior to proceeding with the
project.
On December 21, 2018, the applicant contacted a planner at the front counter with pictures of the
partially built retaining wall and inquiring about the proposed change. The planner informed the
applicant that the requested change was substantial and required additional discretionary review by
Planning. The applicant was directed to contact the project planner that issued the original decision,
before proceeding with any additional work. No additional contact was made by the applicant,
however, the project planner made several attempts to contact the applicant by phone (Exhibit 3).
On January 22, 2018, the City of San Rafael Planning Department issued a letter to the applicant
advising him that attempts to contact him by phone were unsuccessful and notified the applicant that
the retaining wall was constructed out of scope in that it exceeded the height authorized through the
Zoning Verification letter dated November 13, 2018. The applicant was advised that an Exception
permit would be required for retaining walls that exceed a height of 4 feet, and that such height would
require review by the Design Review Board. The City received a response from the applicant advising
that he was out of town and that he would proceed with the application process upon his return in
March (Exhibit 4).
On January 29, 2018, the Planning Department received an update form the City Building Inspector
that the fence/wall structure had been completed and that the combined height of the structure was
approximately 11.75 feet.
On March 14, 2018, the City issued a Notice and Order notifying the applicant of the violation and
requiring compliance by April 2, 2018 (Exhibit 5).
On April 4, 2018, having not heard back from the applicant, the City issued a Notice and Order —
Second Notice notifying the applicant of the violation and extending the compliance date to April 19,
2018 (Exhibit 6).
On April 13, 2018, the City received an application for Variance and Environmental and Design Review
request to legalize the fence/wall structure. Staff expressed concerns that:
• the structure exceeded the maximum height by a substantial amount;
• that it would be difficult to make findings for approval of a variance
At the time of the application, Staff advised that the applicant to instead consider reducing the height of
the fence and retaining wall rather than proceeding with the Variance and Environmental and Design
Review request. The applicant declined, opting instead to proceed with submittal of the application
documents.
On May 9, 2018, Planning received a Memorandum from the Interim Building Official expressing
concerns that the footings inspection was approved based on the plans that anticipated a maximum
retaining wall height of 3.5 feet. A copy of the memorandum is attached (Exhibit 7).
Site Description & Setting:
The project site is located in a single-family residential neighborhood in Terra Linda. This
neighborhood is characterized by rolling topography and many of the lots are located on moderate to
steep slopes. The project site has a slope of approximately 25.33 percent, which is just over the 25
percent that triggers the Hillside Overlay designation. The site is developed with a single-family
residence and accessory structures (swimming pool, terraced walls, etc.)
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PROJECT DESCRIPTION
Use: The project is a request to Legalize a 5.75 -foot retaining wall with a 6 -foot high fence (for an
overall height of approximately 11.75 feet), which was constructed without the benefit of required
Planning review and without input by the Design Review Board as required by Section
14.16.140.A.1(b).
Site Plan: The project is zoned R7.5. The site is developed with a single family residence and
accessory structures. The fence that is the subject of this review is located along the street side
property line.
Architecture/Design: The fence/retaining wall structure is constructed using the following materials:
• Retaining Wall — the retaining wall is the base of the structure. It is constructed with concrete
block and ranges in height and reaches a height of up to 5.75 feet.
• Fence — the fence is a 6 -foot high vinyl fence that sits on top of the retaining wall. Thus the
overall height of the fence/wall structure is 11.75 feet.
ANALYSIS
General Plan 2020 Consistency:
The project involves an 11.75 -foot high fence. There are no General Plan Policies the address fences
directly. However, the following General Plan Policy is indirectly related and relevant to the project:
Community Design Policv — CD -13 (Single-family Residential Design Guidelines): calls for
consideration of design elements that contribute to the livability of neighborhoods. The San Rafael
Residential Design Guidelines are used to evaluate compatibility as follows:
Scale
Where necessary to replicate existing patterns or character of development, design techniques
should be used to break up the volume of larger buildings into smaller units. For example, a
building can be articulated through architectural features, setbacks and varying rooflines to
appear more as an aggregation of smaller building components.
Transitional elements, such as stepped facades, roof decks and architectural details that help
merge larger buildings into an existing neighborhood should be used.
The Board is asked to provide comments regarding scale as follows:
Whether design techniques, such as the use of materials and transitional elements and step -backs are
adequately implemented to break up the fence into smaller units.
Front Landscaping and Fences
• Landscaped front yards should contribute to the overall visual quality of the neighborhood and
to create a strong landscaped character for the site.
• Fences in the front and street side yards should include detailing in character with the house.
• Landscaped areas adjacent to sidewalks are encouraged.
The Board is asked to provide comments regarding front landscape and fences as follows:
Whether there are ways to modify the fence in a way that will provide landscaping opportunities and
contribute to the visual quality of the neighborhood as required by the zoning ordinance.
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Zoning Ordinance Consistency:
The project involves a request to legalize an 11.75 foot high fence that was constructed without the
required Design Review Board's input and without the required Planning Approvals. The following
sections of the San Rafael Zoning Code apply to the project:
San Rafael Zoning Code Section 14.16.140.A.1(a) —"Fences and retaining walls not exceeding four
feet (4') in height, measured from exterior finished grade, may be located within the front or street side
yard setback."
The combined height of the fence and retaining wall structure is 11.75 feet. On November 13, 2017,
the City issued a decision that an existing fence (ranging in height between 7.5 feet and up to 9.5 feet)
could be reconstructed in place using concrete block retaining wall and a Certainteed vinyl fencing
based on the following findings:
• The fence existed on or before January 1, 1992.
• The applicant has submitted photographs taken that show the fence existed in 1990.
• The City's aerial photos show a fence existed at this location in the 1990s.
• The applicant shall obtain a building permit before the replacement occurs.
However, the applicant constructed the fence beyond the scope of the approval, therefore, requiring
further review as described below.
Pursuant to Zoning Code Section 14.24.020, fences and walls may be issued an Exception to
exceed the height limits by a maximum of two feet (2') to prevent access to natural or physical
hazardous conditions either on the lot or on an adjacent lot. However, such fences should include a
landscape setback buffer between the fence or wall and the public right of way, in order to mitigate the
impact of a taller fence or wall along the streetscape. A minimum setback buffer of six inches (6")
should be provided for each one -foot (1') of increased height (Section 14.16.140.A.4).
Because the fence exceeds the maximum 2 feet allowed by Section 14.24.020, the applicant is
required to seek a Variance to legalize the construction of the fence. The landscape buffer identified
under Section 14.16.140.A.4 and noted above is still required, thus, the fence should have included a
total of 3.875 feet of landscape buffer to allow for the 11.75 foot height. Because the fence was
constructed without the required review, the applicant did not receive necessary feedback on the
increased height that is typically provided as part of the project review. Staff is now seeking the
Board's recommendation on how to best implement measures to comply with this requirement.
Pursuant to San Rafael Zoning Code Section 14.23.070, a Variance can only be issued if the
following findings can be made:
A. That because of special circumstances applicable to the property, including size, shape,
topography, location or surroundings, the strict application of the requirements of this title
deprives such property of privileges enjoyed by other property in the vicinity and under identical
zoning classification;
B. That the variance will not constitute a grant of special privileges inconsistent with the limitations
upon other properties in the vicinity and zoning district in which such property is situated;
C. That granting the variance does not authorize a use or activity which is not otherwise expressly
authorized by the zoning regulations for the zoning district in which the subject property is
located;
D. 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.
The decision on the Variance is not within the purview of the Design Review Board. A separate hearing
by the Zoning Administrator will be held at a future date to be determined. The zoning administrator will
5
consider comments provided by the Design Review Board as well as comments received by other
departments. To date the Planning Division has received a comments letter from the Interim Building
Official, expressing a concern that the inspection done on the footings for the retaining wall was done
based on approved plans for a 3.5 -foot retaining wall. The applicant will need to address the Interim
Building Official concerns as part of the project review.
Staff seeks the Boards guidance regarding the following:
• Whether design techniques, such as the use of materials and transitional elements and step -backs
are adequately implemented to break up the fence into smaller units.
• Whether there are ways to modify the fence in a way that will provide landscaping opportunities and
contribute to the visual quality of the neighborhood as required by the zoning ordinance.
NEIGHBORHOOD CORRESPONDENCE
Notice was sent to property owners and occupants within 300 feet of the site within 15 days of the
board meeting. Notice was also posted on the site a minimum of 15 days prior to the meeting. No
inquiries have been received as of the preparation of this staff report.
CONCLUSION
As mentioned above, Staff is seeking Design Review recommendations on a fence and retaining wall
structure the was constructed without the required review. Specifically, staff is seeking the Boards
input on design techniques that could be implemented to allow for landscaping opportunities and
provide additional stepback to break up the fence into smaller units.
EXHIBITS
1. Reduced Project Plans
2. Zoning Verification letter dated November 13, 2017
3. Pictures submitted by applicant with Planner notes dated December 21, 2017
4. Notice by Planning Department -work out of scope, dated January 22, 2018
5. Notice and Order, dated March 14, 2018
6. Second -Notice and Order, dated April 4, 2018
7. Building Division Memorandum, dated May 9, 2018
Full-sized plans and photographs have been provided to the DRB members only.
cc: Abby Emadzadeh
November 13, 2017
Abby Emadzadeh
10 Elda Drive
San Rafael, CA 94903
Re: Zoning Verification Letter for Fence Replacement
[INF 17-068] 10 Elda Drive (APN: 175-234-03)
Dear Mr. Emadzadeh:
You have requested planning verification that your proposal to replace a 6 -foot high
fence located above an 1.5 -foot to 3.5 foot retaining wall complies with the provisions of
section 14.16.140D. Based on staff's review of the regulations applicable to the site
and the project plans you have provided, staff agrees that replacement of the existing
fence with concrete block retaining wall and a Certainteed vinyl fencing can be done
without planning permits for the following reasons:
• The fence existed on or before January 1, 1992.
• The applicant has submitted photographs taken that show the fence existed in
1990.
• The City's aerial photos show a fence existed at this location ,in the 1990s.
• The applicant shall obtain a building permit before the replacement occurs.
Should you have any questions or comments, please do not hesitate to contact me at (415) 485-
3092 or alicia.giudice@cityofsanrafael.org.
Sincerely,
Alicia Giudice
CITY OF SAN RAFAEL
Contract Planner
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Gary O. Phillips, Mayor • Kate Colin, Vice Mayor • Maribeth Bushey, Councilmember - John Gamblin, Councilmember • Andrew Cuyugan McCullough, Councilmember
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January 22, 2018
Abby Emadzadeh
10 Elda Drive
San Rafael; CA 94903
Re: Work Out of Scope -Fence Replacement
10 Elda Drive (A -PN: 175-234-03)
Dear 1&. Emadzadeh:
On November 13, 2017, the City of San Rafael, issued a Zoning Verification Letter for a
fence replacement at the above address. The Zoning Verification concluded that your
proposal to replace a 6 -foot high fence located above a 1.5 -foot to 3.5 -foot retaining wall
complies with the provisions of Section 14.16.140D because it constituted,a replacement
of an existing fence. The City is now aware that the fence that has been constructed is
different than what was .approved. Although l have tried to reach you by phone to
explain the process your new design requires, I have not heard back from you.,
This' letter serves as a formal notification that you will need to submit an Exception
Application for your proposed design for the following reasons:
• Retaining _ walls over four feet (4') in height shall not be permitted within
required yards, except when recommended by the design review board for
development on a hillside parcel.
• An exception to the residential fence and walls height standards may be allowed,
subject to the provisions of Chapter 14.24 (Exceptions). This section limits the
additional height to no more than 2 feet of the height permissible. Exceptions for
height should include a landscape setback buffer between the fence or wall and
the public right of way,. in order to mitigate the impact of a taller fence or wall
along the streetscape. A minimum setback buffer of six inches (6") should be
provided for each one -foot (P) of increased height.
This is based on recent information provided to the City, Additional comments will be
provided once a formal application is submitted.
Gary O. Phillips, Mayor - Kate Colin, Vice Mayor • Maribeth Bushey, Counciimember • John Gamblin, Councilmember . Andrew Cuyugan McCullough, Councilmember
K
Should you have any questions or comments, please do not hesitate to contact me at (415) 485-
3092 or alicia.giudice@cityofsanrafael.org.
Alicia Giudice
CITY OF SAN RAFAEL
Project Planner
Gary O. Phillips, Mayor • Kate Colin, Vice Mayor • Maribeth Bushey, Councilmember • John Gamblin, Councilmember • Andrew Cuyugan McCullough, Councilmember
NOTICE AND ORDER
March 14, 2018
COMMUNITY DEVELOPMENT DEPARTMENT
CODE ENFORCEMENT DIVISION
EMADZADEH FAMILY TRUST OR CURRENT OWNER
10 ELDA DRIVE
SAN RAFAEL, CA 94903
Subject Property: 10 ELDA DRIVE (APN 175-234-03) CE18-072
Dear Property Owner(s),
During a recent inspection conducted at the above -referenced property, City Building Division staff observed
certain conditions on the property which are in violation of the San Rafael Municipal Code and the California
building codes incorporated therein. We are writing to advise you that the City will require correction of these
violations, which are detailed in the attached inspection report along with the corrective action required.
Please review the corrective action procedure thoroughly before contacting City staff.
As the permit issues noted in your report are routine, and do not require any plans or technical information,
you may resolve the matter by simply visiting our building department counter during normal business
hours to obtain the necessary permits. (You cannot use our on-line permit service for this matter.) Be sure
to bring a copy of this Notice whenever you come to the Community Development Department to discuss this
matter.
The City has set the tentative date ofApril2, 20-18 for completion of the required corrective actions. We
encourage your early attention to these issues, since your failure to meet this deadline, or any subsequent
extension granted by the City, may subject you to the imposition of administrative civil penalties and
associated administrative costs, as detailed in the attached Civil Penalty Information Sheet.
Sincerely,
City of San Rafael
Code Enforcement & Building Divisions
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All planning applications, building permit submittals and required re -submittals are subject to the
compliance deadline indicated in this notice.
Section A
Inspection Report
Date of Inspection: 03/01/18
Subject Property: 10 Elda Drive
Persons Present: Brian Sheridan, Building Inspector
Eric Cogbill, Code Enforcement Officer
Code Sections Violated
Description of Violations
Required Corrective Actions
CBC Sec. 1.8.4.1 Permits —
Fence and Retaining Wall
. Planning Division review required for the
[Required]
constructed.
fence and wall built on the property;
CBC Sec. 1.8.4.4
-- No Permits)/Design
. If approved by Planning, obtain retroactive
Inspections — [Required]
Review.
building permits from the Building Department;
• Otherwise, obtain a Demolition Permit; and
remove all unpermitted construction; and
• Receive final inspection & approval for
completed work.
The foregoing conditions may also constitute a public nuisance under Section 1.08.020 of the
San Rafael Municipal Code (SRMC).
Page 1 of 2
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COMMUNITY DEVELOPMENT DEPARTMENT
CODE ENFORCEMENT DIVISION
NOTICE AND ORDER — SECOND NOTICE
April 4, 2018
EMADZADEH FAMILY TRUST OR CURRENT OWNER
10 ELDA DRIVE
SAN RAFAEL, CA 94903
Subject Property: 10 ELDA DRIVE (APN 175-234-03) CEI 8-072
Dear Property Owner(s),
During a recent inspection conducted at the above -referenced property, City Building Division staff
observed certain conditions on the property which are in violation of the San Rafael Municipal Code and
the California building codes incorporated therein. We are writing to advise you that the City will require
correction of these violations, which are detailed in the attached inspection report along with the
corrective action required. Please review the corrective action procedure thoroughly before contacting
City staff.
The City has extended the compliance date to 4/19/2018 for completion of the required corrective
actions. We encourage your early attention to these issues, since your failure to meet this deadline, or any
subsequent extension granted by the City, may subject you to the imposition of administrative civil
penalties and associated administrative costs, as detailed in the attached Civil Penalty Information Sheet.
If you have questions regarding this notice, or how to proceed, you may contact Senior Planner, Alicia
Giudice by email at alicia.giudice@cityofsanrafael.com or by phone at (415) 485-3092. This will
provide an opportunity for you to ask questions and request additional information about the violations
and the corrective work required. Be sure to bring a copy of this notice whenever you come to the
Community Development Department to discuss the matter.
Sincerely,
Eric Cogbill
Code Enforcement Officer
City of San Rafael
(415)485-3487
U0101or 6
All planning applications, building permit submittals and required re -submittals are subject to the
compliance deadline indicated in this notice.
CITY OF SAN RAFAEL 1 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 1 CITYOFSANRAFAEL.ORG
CITY OF SAN RAFAEL
SAN RAFAEL, CALIFORNIA
INTER -DEPARTMENTAL MEMORANDUM
DATE:
May 9, 2018
TO:
Alicia Giudice
FROM:
DeWayne Starnes
SUBJECT:
Planning File #ED18-031 - 10 ELDA DR
fence over height
This memorandum is intended to assist the applicant in determining the feasibility of this project and in
the preparation of construction documents with regard to compliance with the California Code of
Regulations Title 24 and local ordinance requirements. After review of the application and plans provided
for this project, the Building Division has the following comments:
Merits of the Project .
Standard Comments:
1. The design and construction of all site alterations shall comply with the 2016 California
Residential Code, 2016 California Building Code, and City of San Rafael Ordinances and
Amendments.
2. A revision to the existing building permit is required for the proposed change of work scope.
Verification of footing appears to have been inspected in accordance with the approved plan,
however, it is not clear to me if the retaining wall was installed and inspected in accordance with
the approved plan or with manufacturer's recommendations for the height of wall. If inspections
were not completed on retaining wall, applicant shall verify, to the satisfaction of the Building
Official, that the retaining wall was constructed in substantial conformance with the approved
plan, and/or the manufacturer's recommendations.
DeWayne Starnes
Interim Building Official
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