HomeMy WebLinkAboutDRB 2019-05-21 #5Comm
SAN RAFAEL
THE CITY WITH A MISSION
:)artment — Planning Division
Meeting Date: May 21, 2019
Case Numbers: ED18-082
Project Planner: Ali Giudice— (415) 485-3092
Agenda Item:
REPORT TO DESIGN REVIEW BOARD
SUBJECT: 38 Upper Fremont, — Request for an Environmental and Design Review for a new 3,026
square -foot, single-family residence on a vacant 7,977 square -foot hillside lot; APN: 012-041-
48; Single-family Residential (R5) District; Jeffrey and Tracy Prose, applicant/owners; File
No(s).: ED18-082.
PROPERTY FACTS
Location
General Plan Designation
Zoning Designation
Existing Land -Use
Project
Low Density Residential
R5 Zoning District
Vacant
Site:
Side(s):
10% of lot width 3'-
5 feet
North:
Low Density Residential
R5 Zoning District
Vacant
South:
Low Density Residential
R10 Zoning District
Single Family Residence
East:
Low Density Residential
R5 Zoning District
Single Family Residence
West:
Low Density Residential
R10 Zoning District
Single Family Residence
Lot Size Required Natural State ((25% +% slope).)
Required: 5,000 square feet Standard: 6,117 square feet (76.68%)
Existing: 7,977 square feet Proposed: 6,117 square feet (76.68%)
Height .
Allowed: 30 feet
Proposed: 30 feet
Parking
Required: 2 covered + 2 guest spaces
Proposed: 4 (4 covered)
Min. Lot Width (New lots)
Required: 50 feet
Proposed: NA
Outdoor Area
Required: NA
Proposed: NA
Landscape Area
Required: NA
Proposed: NA
Gross Building Area (2,500 square feet + 10% lot
area)
Allowed: 3,297 square feet
Proposed: 3,026 square feet
Upper Floor Area (Non -hillside residential)
Allowed: NA
Proposed: NA
Setbacks
Required
Proposed
Front:
15 feet
15 feet +
Side(s):
10% of lot width 3'-
5 feet
Ext. side:
5'
NA
Ped.
NA
NA
side:
NA
NA
Bldg.
NA
NA
sep:
Rear:
10 feet
10 feet+
Tree Removal 10 trees
SUMMARY
The proposed project is being referred to the Design Review Board (Board) for review of Environmental
and Design Review permit for construction of a new single-family residence on a hillside lot. The Board's
recommendation will be used by the Zoning Administrator in making a final decision on an Environmental
and Design Review Permit.
Staff is seeking the Boards evaluation of the project based the applicable design criteria, which is
discussed in detail below. Staff has concluded that the project adequately addresses the applicable
criteria, however would like the Board's concurrence on the following items:
• Site Plan: Whether the proposed site plan demonstrates efficient use of the site given the
development standards that apply to this property.
• Architecture: Whether the proposed modern design contributes to the mix of architectural styles
of the neighborhood and whether this style adequately incorporates transitional elements such
as stepped facades, balconies, and/or other architectural details to minimize height differences.
• Materials and Colors: Whether the colors and materials are appropriate.
BACKGROUND
Site Description & Setting:
The project site is a vacant hillside single-family lot located in the West End Neighborhood within the
R5 zoning district. The lot is triangular shaped with an average slope of approximately 51.68% and
therefore is considered a hillside lot subject to hillside development standards. The site contains a
number of trees of varying sizes, including some redwood trees that will remain. An existing paved
narrow roadway provides access to the property. Existing development in the surrounding area consists
of two-story homes with varied architectural styles. There are a number of trees scattered throughout
the property some of which will be removed to accommodate the project. A sewer easement runs
along the north side of the lot. The easement varies in width and straddles the property line
encumbering portions of the project site as well as the neighboring property to the northwest.
PROJECT DESCRIPTION
Site Plan: The site plan proposes a driveway cut at the lower portion of the lot. The driveway is
curved providing access to a 4 -car stacked garage. The project would maintain a total of 76.68% of the
lot in a natural state. The site plan shows compliance with front, side and rear setbacks. The Hillside
Development Overlay District requires the site to maintain a minimum natural state of 25% plus the
percentage figure of average slope. Pursuant to this requirement, 76.68% of the lot should remain in
natural state.
Architecture: The project proposes a 30 -foot high structure designed in a modern architectural style.
The building includes a number of terraces that follow the slope of the site and break up the wall
heights to no more than 20 feet high. The design includes decks within some of those terraces. The
proposed materials include dark colored fiber cement panel siding as the base of the building on the
downhill side. This same fiber cement siding is mixed in with a dark horizontal ash wood siding
throughout the building. Board formed concrete is used for the stairs leading to the front entry.
Guardrails for the decks are stainless cable rail. Solar Panels are proposed on the rooftop.
Landscaping: The project plans do not include a landscaping plan. Due to the wooded setting of the
site there is not much room for added landscaping.
2
Lighting: The project plans do not include light fixtures. However, light fixtures will be required to
comply with the City's lighting requirements.
ANALYSIS
General Plan 2020 Consistency:
The property is located within the Low Density Residential (LDR) Land Use Designation. The following
General Plan policies are relevant to the project site:
Land Use Policy — LU12 (Building Heights): General Plan Land Use Policy LU12 establishes a
maximum building height of 30 feet for this property. The applicant proposes a structure with a
maximum height of 30 feet.
Hillsides — CD -6a: General Plan Policy CD -6a seeks to protect the visual identity of the hillsides by
controlling development through the use of Hillside Design Guidelines. The following Hillside Design
Guidelines are relevant to the project.
• Significant existing natural features should be integrated into new hillside residential
development proposals to retain the desirable qualities of San Rafael's hillside setting.
• Site development plans should demonstrate that a diligent effort has been made to retain as
many significant trees as possible.
• Grading should be kept to a minimum and should be performed in a way that respects
significant natural features and visually blends with adjacent properties.
• The visual prominence of hillside residential development should be minimized by taking
advantage of existing site features.
• Development should avoid large expanses of a wall in a single plane on downhill elevations.
Use horizontal and vertical building components to effectively reduce the bulk of hillside
residential development
• New Hillside Residential Architecture in San Rafael should continue the dominant pattern of one
and two-story buildings with tree canopied spaces around them.
• Color selection should show evidence of coordination with the predominant colors and values of
the surrounding landscape.
• Site lighting should be used efficiently to aid safety, security and compliment architectural
character. Lighting should minimize intrusion into adjacent properties, roadways, the hillside
silhouette and the night sky.
The project site plan demonstrates compliance with the hillside residential standards by respecting the
maximum natural state requirement. As such, grading is minimized to those areas that will
accommodate the residence and associated driveway and garage. The structure has been sited to
minimize tree removal. However, a total of 10 trees will be removed to accommodate the project. The
structure has been designed with a series of terraces, decks and balconies and includes varied
rooflines and building alcoves to break up the mas of the building. Thus, single planes along the
downslope are avoided. The use of dark colors blends with the natural wooded hillside and respects
colors of the surrounding development. The applicant will be required to provide lighting that complies
with the City's lighting requirements.
Zoning Ordinance Consistency:
The following development and performance standards are applicable to the project. As noted in the
development summary table, the project proposes to comply with the R5 zoning district development
standards as well as the development standards of the Hillside Development Overlay as noted below:
Natural State
The applicant proposes to comply with the natural state requirement of the Hillside Development
Overlay District.
Building Stepback
The project complies with Section 14.12.030, which limits building height to no more than 20 feet on the
downslope facing walls and requires that any additional building mass be stepped back creating a
terracing of the building.
San Rafael Design Guidelines:
The San Rafael Design Guidelines serve as a guide for evaluating development. The project is a
Single-family residential project. The project complies with the following criteria:
• 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 building into an existing neighborhood should be used.
• Adjacent buildings should be considered and transitional elements included to minimize apparent
height differences.
• There should be a clear, well-defined sense of entry from the street to the building.
• The placement and size of windows in the building should be consistent with the overall building
design and the neighborhood streetscape. Where windows do not reflect an existing pattern,
greater attention should be paid to other means such as balcony overhangs, porches, materials,
colors, etc. of articulating the fagade.
• Window proportions should be consistent with the proportions of the building and with other
windows on the building.
• Windows should overlook the street, parking and public areas to permit surveillance and increased
safety.
• Limit the intensity of lighting to provide for adequate site security and for pedestrian and vehicular
safety.
• Shield light sources to prevent glare and illumination beyond the boundaries of the property.
• Lighting fixtures should complement the architecture of the project.
The project incorporates terraces, varied roofline and building stepbacks break up the volume of the
building into smaller units. There are a variety of building styles with varying setbacks in the West End
neighborhood and within Upper Fremont. The proposed building complies with the current hillside
development standards and utilizes darker colors to blend with the sites natural setting. The entry to the
building is provided by well-defined stair access. Windows and decks provide visibility to the street on'
all sides of the street frontage. Light fixtures will be required to comply with the City's lighting
requirements.
Hillside Design Guidelines
The applicant faces development challenges due to the lot shape, tree coverage, existing easements,
and topography. The following Hillside Design Guidelines are applicable to the project:
• Parking. The Hillside Design Guidelines specify that off street visitor parking should be located
in bays that fit with the natural topography and minimize grading. The applicant is proposing 4
covered parking spaces within a mechanical lift in the garage. Additional guest parking can be
4
accommodated via the driveway. This parking configuration has been reviewed by the
Department of Public Works.
• Building height. The Hillside Guidelines specify that building bulk should be reduced by cutting
the structure into the hillside. The project includes building elements that are stepped with the
hillside pursuant to Section 14.12.030(A) of the San Rafael Municipal Code. In addition, the
building height on the downslope is no more than 20 -feet in height as required for hillside lots.
• Tree replacement. The project proposes to remove 10 trees on site. The San Rafael Hillside
Design Guidelines requires tree replacement at a ratio of 3 to 1. Due to site conditions, it is
anticipated that replacement at this ratio will be challenging.
Staff seeks the Boards guidance regarding the following:
• Whether the proposed modern design adequately respects and compliments the neighborhood's
existing architectural styles;
• Whether the proposed colors and materials are appropriate for this site given the natural setting and
existing development;
• Whether the proposed site plan demonstrates efficient use of the site;
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. However, the City did received
comments from the West End Neighborhood Association expressing concerns about compatibility with
the surrounding neighborhood, impacts from shading, and potential impacts on privacy (see attached
letter). The comments also provide recommendations regarding the roadway condition, construction
activity, etc. that are typically address as part of the entitlement process.
CONCLUSION
As mentioned above, the applicant has submitted an Environmental and Design Review application
seeking input from the Board regarding architectural design approach and site design. The project
incorporates a series of steps the follow the slope of the lot. Colors and materials are compatible with
the surrounding developed neighborhood as well as the site's natural setting. The Board's
recommendations will help with a formal decision on Environmental and Design Review permit.
EXHIBITS
1. Letter from West End Village Neighborhood Association
2. Sun/Shadow Study
3. Reduced Project Plans
Full-sized plans have been provided to the DRB members only.
cc: Jeffrey and Tracy Prose
5
LUMOIR
West End Neighborhood Assoaia#ion
April 30, 2019
Ali Giudice
City of San Rafael -Planning Division
1400 Fifth Ave
San Rafael, CA. 94901
RE: 38- Upper Fremont; ED18-082
We have the following comments for this formal application:
1. Compliance with Hillside Design Guidelines (I DG).
a) Hillside Design.
n' _ C; aV ED
MAY 0-JZOIU
This 4 -level plus subterranean parking design is more modern/industrial looking than
surrounding homes and is too boxy, too massive in size and appearance; it protrudes out
of the hillside rather than hugging the hill.
The Hillside design standards encourage following the natural contour of the land and
stepping back the levels into the hill. By stepping back each level, it will reduce bulk and
vertical emphasis. The multi-level square roof line is in stark contrast to it's
surroundings. The roof line should follow the natural slope of the land and by
incorporating a sloped roof and breaking the roof into smaller components, it will reduce
the mass. Sloping the roof line, will be more compatible with surrounding homes that
have sloped roof lines which comply with the hillside guidelines.
The main entrance to the home is on the lower bedroom level. Better design would have
the main entrance lead to the main living area. The entrance looks more like a back door
than a main entrance. With 27 stairs leading up to it, it seems unwelcoming.
There is no bathroom on the top level, media room, so occupants will have to go down a
flight of stairs to use a bathroom.
The design shows cars backing into the garage from a sloped street around a curved
driveway. Generally, it is considered unsafe to back down a hillside road, and so a
driveway approach that is safer and easier to navigate should be considered.
eXA15110.1
The board needs to verify that the proposed building is well within 100 feet of the
ridgeline.
All other Hillside Design Guidelines, zoning and building codes, ie. setbacks, stepbacks,
height restrictions should be complied with.
1
Upper Fremont Drive is a very narrow (2-way/1 lane) very substandard hillside street
with NO public (street) parking so parking requirements must comply with current code,
with NO exceptions.
The applicant is proposing a pit -stacker system to comply with the parking requirements.
This is an unusual design for hillside residential parking. In addition, the drawings show
the cars backing into the garage. Backing into a garage from a narrow sloped street
around a curved driveway and lining up perfectly with a pit -stacker apparatus seems
almost impossible. The hillside design guidelines (HDG) require that the guest parking is
conveniently located and not on the driveway apron. The proposed guest parking is not
convenient since someone has to open the garage door and operate the pit -stacker
apparatus to move the resident car and then back in the guest car onto the stacking
apparatus. For the guest to leave, the same process must occur. The pit -stacker seems to
block access to parked cars and require more maneuvering than when cars are parked on
the driveway apron, which is not allowed by the HDG. So, we don't think the pit -stacker
parking concept complies with the intent of the HDG.
There are many underground waterways on this hill and diverting water around a
subterranean garage seems risky. Where would the disturbed flow of water be diverted
to? The pit appears to be 8-10 feet deep; the exact dimensions are not specified on the
plans.
The road is not built according to today's standards. How will digging a deep pit affect
the stability of the road and the surrounding properties, as the hill immediately and
steeply drops off on the opposite side of the road, leaving it vulnerable to collapse. We
suggest that a thorough safety and feasibility study be conducted prior to any approval.
The applicant needs to provide a circulation plan for the parking, showing how all
vehicles freely maneuver in and out of the parking spaces without using the private
parking/driveways of neighboring properties, specifically the parking at #31 Upper
Fremont. Vehicles should not be allowed to back -out onto a street less than twenty-six
feet (26') wide, per San Rafael Municipal Code 14.12.030 (F.)
c) Natural State requirement/ house size.
We emphasize the importance of complying with all hillside design guidelines, including
the natural state requirement. Other projects in the immediate vicinity have been required
to comply with the natural state requirement. There are other vacant lots immediately
past this lot on Upper Fremont that we expect will eventually be improved and will have
to comply with the natural state requirement.
On page Al, the applicant has listed the square footage of the residences of neighboring
properties. There are some inconsistencies in his square footage of neighboring
residences (not including garages) when compared to the Marin County Assessor records.
For example, #75 and #79 are 2,903 sq' for each residence, not 3,500 sq' as applicant
shows on his chart and the lot sizes for #75 and #79 are 2 to 3 times the size of
applicant's lot. 16 Upper Fremont is 2,100 sq' per assessor records, not 2,400 sq' per
applicant's chart.
The average size of homes on Upper Fremont is around 2,000 sq'. Both neighboring
homes at #31 and #39 have much larger lots, 60% to 240% larger than the applicant's. .
In order to comply with all the Hillside Design Guidelines and be compatible with
neighboring properties, the applicant may consider a more moderate sized home, such as
1,500 or 1,600 sq'.
Developers like to build larger homes because prices are frequently calculated by using
square footage but moderate to smaller sized homes are compatible with this area and
they are more affordable for less affluent buyers. They fulfill a need in Marin to have
more affordable homes to buy, not just to rent'. It creates healthier neighborhoods to have
a mix of home sizes to accommodate different family sizes, economic, and age levels.
Not every new home has to be a McMansion.
2. IMPACT ON NEIGHBORING PROPERTIES:
This new design totally impacts the privacy of the neighboring property at #31 Upper
Fremont. They will have no privacy in their outdoor area; the proposed home directly
faces their property. There is a bank of windows in the master bath that directly faces
#31, who will be able to see when their neighbors are using the shower in the master
bath. This is unacceptable and needs to be modified.
The applicant needs to show how the proposed building casts a shadow on neighboring
properties at different times of the year. We understand the applicant prepared sun study
videos for the previous submitted plans which showed some shading of the deck at #31
Upper Fremont. We request that he provide a sun study video for the current plans to the
hearing board and make the video accessible to be viewed by neighboring property
owners.
On the uphill side, the property fronts a dirt road which is the continuation of Upper
Fremont Drive, a city street. The paved road above this is a private road/driveway owned
by #39.
There needs to be a turn -around added at the end of the paved section of Upper Fremont
Drive, before the start of the private road, in order for construction vehicles to
turnaround. The turn -around needs to meet minimum standards for roadway
improvements and be able to accommodate the maneuvering of emergency vehicles as
well.
4. CONCRE'T'E DELIVERY PLAN:
The applicant needs a feasible concrete delivery plan. When #75 and #79 Upper Fremont
were built in 2004, the City required a change in the way concrete was delivered to the
sites after concrete trucks began losing traction on Upper Fremont and endangering
people and property downhill. The City approved pumping concrete via a long tube
originating from Espalda Court on the other side of the hill. Apparently, the applicant has
arranged to pump concrete from a property on Espalda Court, across #39 Upper Fremont
to the site.
Any other large or heavy construction vehicles will need permission from the property
owners to use private property to maneuver those vehicles. Private property includes the
privately owned streets at Trost and #39 Upper Fremont.
In addition, the applicant needs to post a bond and document the condition of the street
before and after construction.
5. FIRE PROTEC'T'ION:
The Fire Marshall has provided the following comment re 38 Upper Fremont:
"The Fire Department is unable to provide emergency fire or EMS services that meets
NFPA Standard 1710 response time criteria because the existing public roadway does not
accommodate fire apparatus vehicles and does not meet CFC provisions for Fire
Apparatus Access Roads. San Rafael Fire vehicles are unable to maneuver to this
property due to unusual topographical conditions, substandard roadway width, and
hairpin type curves that do not meet CFC turning radius provisions. Additionally, there is
no existing provision on Upper Fremont Drive to accommodate the turning around of fire
apparatus as required by CFC Appendix D."
What liability does the City incur by knowingly allowing the building of a home that the
City cannot defend in case of a fire? What measures can be taken to provide required fire
protection and emergency access to Upper Fremont?
On January 4, 2016, a house down the road from #38 Upper Fremont caught fire and was
damaged beyond repair. The Fire truck had difficulty making it up the hill and the fire
fighters hand carried equipment uphill (up a steep incline) several hundred feet to the
burning house. According to the Fire incident report, two fire vehicles got stuck and
were unable to get off the hill. Luckily, it was raining that night; otherwise, the outcome
would have been very different.
As generally required by code, the applicant can use fire resistant materials but nothing is
fire proof. A Santa Rosa couple narrowly escaped the fire that engulfed their home. Their
house was newly constructed according to all the latest building codes for fire resistance.
In fact, their house was so well insulated and air -tight that they didn't hear the fire
coming or smell the smoke until it was almost too late. They had to be treated for
significant burns to their bodies. It is a sobering reminder of how unpredictable and
devastating fire can be.
There needs to be a turn -around at the end of the paved section of the city street, Upper
Fremont Drive, per the International Fire Code which requires a turn -around on access
roads in excess of 150 feet (Section D 103.4). This is important for emergency vehicles,
such as ambulances, as well as Fire Suppression equipment.
In addition to improved access, before any building permits are issued and at all times, a
fire hose must be hooked up to a water source and be immediately available for use
during all phases of construction until an occupancy permit is granted. Several years ago,
a fire was started at a construction site on Terrace Avenue from a spark caused by cutting
rebar.
6. Sewer Easements:
There are 2 sewer easements running along the western side of the project property. The
drawings (pg A5) indicate the corner of the house is only about 2 feet from the easement.
Because of the small size of the lot, a land survey may be important to ensure proper
placement of the structure within the boundary and setbacks.
In addition to the 2 sewer easements, there is a question whether there is still an active
sewer line running through the middle of this property. An older map suggests that an
active line to connect #39 and #77 may still be located in the center of this property (see
attached map).
In 2004, when #75 and #79 were built, they were connected to a new sewer main which
runs under the dirt road. It is unclear whether the existing homes, #39 and #77, were ever
connected to the new sewer main and if there is still an active sewer line running through
the center of the property along an abandoned City easement. Verification of the location
of the sewer lateral for #39 and #77 is warranted and should be confirmed by the San
Rafael Sanitation District.
7. Geotechnical/Arborist Reports:
The geotechnical report as submitted was performed on APN 012-041-23/24 on April 30,
2015, for a previous property owner. The proposed application is for APN 012-041-48.
The geotechnical report needs to be updated for the identified lot and current proposed
plan.
The tree report is also from 2015 and needs to be updated for the correct lot, proposed
plan and current condition and size of existing trees, including the identification of
significant trees. The current plans don't show what trees will be removed and what new
trees will be planted.
8. OTHER COMMENTS:
a) How much excavation and disturbance of the natural hillside will be required to
construct the garage level with an additional subterranean level. Has this been done on
other hillsides in San Rafael?
b) We realize it can be difficult to build a larger home on these small hillside lots using
today's standards and building codes. In the past, some lots have been combined to allow
for greater building potential. In fact, the lot contiguous to the applicant's lot is currently
for sale for $99,500. It's something the applicant may want to investigate.
c) We question how effective a solar system on the roof will be given that this is a,
heavily wooded north facing slope with limited sunlight for several months during the
year. The drawings don't show the pitch of the solar panels and if they will raise the roof
line.
d) The correct name of the street is Upper Fremont DRIVE not road.
e) The top level (media room) shows what appears to be a sliding glass door going out
to the roof.
9. Construction Management Plan and Staging Area;
Applicants need to meet with residents to create a Construction Management Plan (CMP)
BEFORE a building permit is issued. This plan would include hours of construction,
staging plan, concrete delivery plan, plan for maneuvering construction vehicles without
trespassing onto private property, parking plan for workers, delivery notification,
emergency access during construction, contact numbers, resident notifications, etc. The
CMP cannot be finalized until the applicant holds a meeting with the residents and
addresses concerns raised during the meeting.
3
The CMP should detail where construction vehicles can maneuver without encroaching
onto private property. For example, the paved road directly uphill from this property is a
private street, currently in need of repair. Any maneuvering of construction vehicles on
this private road could compromise the integrity of the road and the applicant needs
permission from #39, the owner of the private road, to use the road. The condition of city
streets used during construction should be documented and repaired for damage caused
by construction, including Marquard, Fremont, Upper Fremont, and Trost.
Along with the Fire Department and Public Works, the applicant should outline a Staging
Plan intended to reduce the negative impact of construction activities on the surrounding
neighborhood by reducing, noise, dust, traffic, and other health hazards. A plan for
stabilizing equipment while in use as well as when stored on site needs to be reviewed
and approved by Public Works. Several years ago, a hole boring machine began rocking
while in use and collapsed on it's side, blocking the road for several hours. A traffic
circulation plan will be required for dump trucks, deliveries, parking for construction
workers, etc..
Thank you for your consideration of these comments. Please note that we have solicited
comments and provided a copy of this letter to residents living on Fremont Road, Upper
Fremont Drive and Trost.
Sincerely,
Chris Lembach Victoria DeWitt Fred P. Cushing
President, WENA Fremont Road resident Upper Fremont resident
cc: San Rafael Sanitation Dept.
San Rafael Public Works Dept.
San Rafael Fire Dept.
enc: Sewer map
V6
