HomeMy WebLinkAboutPlanning Commission 2018-10-09 Agenda Packet
AGENDA
SAN RAFAEL PLANNING COMMISSION
REGULAR MEETING
TUESDAY, October 9, 2018, 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 1400 FIFTH AVENUE
SAN RAFAEL, CALIFORNIA
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the meeting.
THE PLANNING COMMISSION WILL TAKE UP NO NEW BUSINESS AFTER 11:00 P .M. AT REGULARLY SCHEDULED MEETINGS. THIS SHALL BE INTERPRETED
TO MEAN THAT NO AGENDA ITEM OR OTHER BUSINESS WILL BE DISCUSSED OR ACTED UPON AFTER THE AGENDA ITEM UNDER CONSIDERATION AT
11:00 P.M. THE COMMISSION MAY SUSPEND THIS RULE TO DISCUSS AND/OR ACT UPON ANY ADDITIONAL AGENDA ITEM(S) DEEMED APPROPRIATE BY A
UNANIMOUS VOTE OF THE MEMBERS PRESENT.APPEAL RIGHTS: ANY PERSON MAY FILE AN APPEAL OF THE PLANNING COMMISSION'S ACTION ON
AGENDA ITEMS WITHIN FIVE BUSINESS DAYS (NORMALLY 5:00 P.M. ON THE FOLLOWING TUESDAY) AND WITHIN 10 CALENDAR DAYS OF AN ACTION ON A
SUBDIVISION. AN APPEAL LETTER SHALL BE FILED WITH THE CITY CLERK, ALONG WITH AN APPEAL FEE OF $350 (FOR NON -APPLICANTS) OR A $4,476
DEPOSIT (FOR APPLICANTS) MADE PAYABLE TO THE CITY OF SAN RAFAEL, AND SHALL SET FORTH THE BASIS FOR APPEAL. THERE IS A $50.00
ADDITIONAL CHARGE FOR REQUEST FOR CONTINUATION OF AN APPEAL BY APPELLANT.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
Anyone with an urgent communication on a topic not on the agenda may address the Commission at this time. Please notify the
Community Development Director in advance.
CONSENT CALENDAR
1. Minutes, 9/25/18
PUBLIC HEARINGS
2. 21 G St.: Request for a new time extension to the previously approved time extension for
Environmental and Design Review Permit (ED16-022), Tentative Map (TS16-002), Variance (V16-
004), and Subdivision Exception (EX16-004) to allow the construction of 8 three-story residential
townhomes on a 0.24 acre through lot between G Street and Ida Street. The existing home at 21 G
St. would be demolished and replaced with 2 townhomes. Six townhomes would be constructed on
Ida St. The G St. project site would require Variances for encroachments into the required front and
side yard setbacks, and the 50% minimum front landscaping requirement. The Ida St. project site
would require Variances for encroachments into the required rear yard, and the required 20 -foot
driveway setback. Also required is approval of a Subdivision Exception request to waive the
requirement for a recreation building on site. The project is also seeking a Tentative Subdivision
Map Approval to divide the parcel into 9 lots: eight (8) air space condominium units and one (1)
common open space lot. The previously approved Tentative Map identified the project as an 8 -lot
subdivision. The Tentative Map is proposed to be revised to identify the shared “common area” lot
which was identified on the originally site plan but not on the 2016 approved Tentative Map. APN:
011-232-10; High Density Residential (HR1) District; Arvand Sabetian, owner/applicant; File No(s).
EX18-021/TS18-001/V18-006/EX18-003. Project Planner: Caron Parker
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
I. Next Meeting: October 23, 2018
II. I, Anne Derrick, hereby certify that on Friday, October 5, 2018, I posted a notice of the October 9,
2018 Planning Commission meeting on the City of San Rafael Agenda Board.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, September 25, 2018
Regular Meeting
San Rafael Planning Commission Minutes
For a complete video of this meeting, go to http://www.cityofsanrafael.org/meetings
CALL TO ORDER
Present: Jack Robertson
Barrett Schaefer
Aldo Mercado
Berenice Davidson
Jeff Schoppert
Mark Lubamersky
Sarah Loughran
Absent: None
Also Present: Raffi Boloyan, Planning Manager
Alicia Giudice, Senior Planner
PLEDGE OF ALLEGIANCE
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
CONSENT CALENDAR
1. Minutes, 8/28/18
Jack Robertson moved and Mark Lubamersky seconded to approve Minutes as presented. The vote is
as follows:
AYES: Jack Robertson, Aldo Mercado, Berenice Davidson, Jeff Schoppert, Mark Lubamersky,
Sarah Loughran
NOES: None
ABSTAIN: Barrett Schaefer
ABSENT: None
PUBLIC HEARINGS
2. Amendments to San Rafael Municipal Code (SRMC) Title 11 (Public Works) and Title 14
(Zoning Ordinance) and Zoning Map amendments, including a) revisions to
encroachments into the right of way excluded from permit requirements; b) consideration
of text amendments to zoning ordinance for chapters and sections in an effort to correct
minor text errors and internal inconsistencies; clarify text; and to modify land uses and
land use definitions and standards. c) consideration of Map Amendments to include
modification to the zoning district boundary line for three properties located at Rive
Dive/Francisco Blvd (APN’s 013-041-52, -55, -67) and 2 properties located at Lincoln
Ave/Prospect Drive (APN’s 011-092-15 and -26); Citywide; File No: ZO18-002/ ZC18-001.
Project Planner: Alicia Giudice
Staff Report
Sarah Loughran moved and Barrett Schaefer seconded to recommend adoption of resolution to the City
Council to approve project with modifications as presented by the Planning Commission and Staff. The
vote is as follows:
AYES: Jack Robertson, Barrett Schaefer, Aldo Mercado, Berenice Davidson, Jeff Schoppert ,
Mark Lubamersky, Sarah Loughran
NOES: None
ABSTAIN: None
ABSENT: None
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
___________________________________
ANNE DERRICK, Administrative Assistant III
APPROVED THIS_____DAY____OF_______, 2018
_____________________________________
Berenice Davidson, Chair
Community Development Department – Planning Division
Meeting Date: October 9, 2018
Agenda Item:
Case Numbers:
ED18-021/TS18-001
V18-006/EX18-003
Project Planner:
Caron Parker (415) 485-3094
REPORT TO PLANNING COMMISSION
SUBJECT: 21 G Street.: Request for a new time extension to the previously approved time
extension for Environmental and Design Review Permit (ED16-022), Tentative Map (TS16-002),
Variance (V16-004), and Subdivision Exception (EX16-004) to allow the construction of eight (8)
townhome units on a 0.24 acre through lot between G St. and Ida St. The existing home at 21 G St.
would be demolished and replaced with a three-story building (2 townhomes). The existing garage
on Ida St. would be demolished and replaced with six (6) townhomes in a three-story row house
structure. The G St. project site would require Variances for encroachments into the required fr ont
and side yard setbacks, and the 50% minimum front landscaping requirement. The Ida St . project
site would require Variances for encroachments into the required rear yard, and the required 20-foot
driveway setback. Also required is approval of a Subdivision Exception request to waive the
requirement for a recreation building on site. The project is also seeking a Tentative Subdivision
Map Approval to divide the parcel into 9 lots: eight (8) air space condominium units and one (1)
common open space lot. The previously approved Tentative Map identified the project as an 8-lot
subdivision. The Tentative Map is proposed to be revised to identify the shared “common area”
parcel, which was not identified on the 2016 approved Tentative Map. APN: 011-232-10; High Density
Residential (HR1) District; Arvand Sabetian, owner/applicant; File No(s). EX18-021/TS18-001/V18-
006/EX18-003.
EXECUTIVE SUMMARY
This application is for a time extension to a previously approved project. The project underwent an
extensive review process, including review by the Design Review Board and approval by the Planning
Commission (PC) on February 25, 2014. The PC approval was appealed to the City Council. The City
Council denied the appeal and upheld the PC approval on June 16, 2014 (per City Council Resolution
13746). A time extension was approved by the Planning Commission on July 26, 2016. The time extension
approved an 8-lot subdivision to create eight (8) three-story townhomes, a Tentative Map for the
subdivision of the 8 units into air space, Variances for 5 different development standards (3 on G Street:
minimum landscaping requirement, stairway encroachment and side yard setback, and 2 on Ida Street:
driveway setback and rear yard setback) and an Exception to the Subdivision Ordinance requiring an on-
site recreational facility.
The two-year deadline for the 2016 entitlements listed above was July 26, 2018. A new owner purchased
the property in 2017 and applied for another time extension prior to this deadline. As part of the plan
review process, Public Works staff discovered an inconsistency between the project site plan and the
Tentative Map. The site plan showed a common area parcel adjacent to Lot #6 on the south side of Ida
St. However, the Tentative Map did not identify the common area parcel and the project was approved in
2016 as an 8-lot subdivision, when it should have been reviewed as a 9-lot subdivision. The revised
Tentative Map identifies the common parcel as a separate lot (Lot 9). There are no other changes proposed
to the previously approved project plans.
The requested time extension for the Tentative Map is subject to the Subdivision Map Act, which
establishes time limits for Tentative Map extensions. Pursuant to SRMC Section 15.01.130(b)
REPORT TO PLANNING COMMISSION - Case No: ED15-088/ED15-089/LLA15-002 Page 2
extensions may be granted “provided that the life of the map approval does not exceed total of five (5)
years from the initial map approval date.” The original Tentative Map approval date was June 16, 2014,
the date at which the City Council denied the appeal and upheld the February 25, 2014 Planning
Commission project approval. As such, the 5-year time extension deadline for the Tentative Map and
other planning entitlements would be in 8 months, or on June 16, 2019, and this would be the final time
extension allowed.
RECOMMENDATION
It is recommended that the Planning Commission adopt the attached Resolution (Exhibit 1) approving a
time extension to the previously approved Environmental and Design Review Permit, Variances, Tentative
Subdivision Map and Subdivision Exception request for a 9-lot subdivision proposing eight (8) new
residential townhomes and one (1) common area parcel (Lot 9).
PROPERTY FACTS
Site Characteristics
General Plan Designation Zoning Designation Existing Land-Use
Project Site: High Density Residential (HDR) High Density Multi-
Family (HR1)
Single Family Residence,
garage
North: West End Village (WEV) WEV Commercial
South: Second/Third Mixed Use HR1 and 2/3MUW Residential and Commercial
East: HDR HR1, WEV Residential and Commercial
West: WEV WEV Commercial
Site Development Summary
Lot Size Lot Coverage
Required: 6,000 sf
Proposed: 10,836 sf (existing)
Allow/Req: 60% (6,501 sf)
Proposed: 52% (5,653 sf)
Height Density or Floor Area
Allowed: 30’
Proposed: 30’
Allowed: 1,000 sf/dwelling unit (10 units)
Proposed: 8 units (including 1 BMR)
Yard or Landscape Area Setbacks
Required: 100 sf usable open space/du (800 sf)
Proposed: Roof patio (G St. 491 sf, Ida St. 540 sf),
Decks and Private Yards at G St (288 sf)
and common recreation area (1,047 sf).
Total = 2,360 sf
Required: 50% of front yard landscaped
Proposed: 37% on G St./52% on Ida St.
Required Existing – G
St/Ida St
Proposed–G
St/Ida St
Front:
Side(s):
Rear:
15’
5’
5’
8’
4’/24’
N/A
15’ both
3’,5’/6’ and 16’
5’/varies 3’6’-5’
Grading Tree Removal
Total: Gravel import = 105 cu.yds
Dirt export =315 cu.yds.
Total(No./Species): 3 (Privet, Pear, Walnut)
Requirement: N/A
Proposed: 30 trees
Site Description/Setting:
The project site is a 10,836 sq. ft. through-lot located on the east side of G St., between G St. and Ida St.
in the West End Village Neighborhood (see Exhibit 2- Project Vicinity Map). The site is generally flat. The
West End Village neighborhood is an area comprised of a mix of residential and commercial uses in the
Downtown District. Fourth St. and Second St. host the majority of the commercial uses with predominately
residential uses in the streets between. Although most of the residential area is zoned for high density
REPORT TO PLANNING COMMISSION - Case No: ED15-088/ED15-089/LLA15-002 Page 3
residential, some structures are still used as single family. In the subject p roperty block between 3rd St.
and 4th St. there are 5 single family homes on G St and one single family home on Ida St.
On the project site, there is an existing single-family house along the G St. frontage (21 G St.) and a
detached garage structure on Ida St. Both are proposed to be demolished as part of the project. On the
G St. frontage, the project site is adjacent to a surface parking lot to the north, and residential homes to
the south and across the street. Businesses in the vicinity include Malabar Indian Store at the corner of 4th
and G St. and Arrivederci Restaurant on the corner of G St. and Second St. On the Ida St. frontage, the
proposed site would be on the east side of Ida St. and would abut 4th St. retail businesses to the north, one
residential use to the south and a commercial building on the west side of Ida St. The setting on the G St.
frontage is more oriented toward residential uses (a total of five homes on both sides of the street), whereas
Ida St. is dominated by commercial uses on the corners and along the west side of the street. The only
residential property on Ida St. is one single family house at 20 Ida St., adjacent to the project site to the
south.
BACKGROUND
There are no changes to the proposed project in terms of number of dwelling units (8), exterior design or
landscaping. The project is the same as what was reviewed and approved by the Planning Commission
in 2016 as a time extension request. However, the Tentative Map has been revised and corrected to
include a 9th lot for the common area parcel, adjacent to Lot #6. This lot was not shown on the previous
Tentative Map, and the project was described and approved as an 8-lot subdivision, when in fact, the
project is a 9-lot subdivision. The project details are identified below.
PROJECT DESCRIPTION
Use: The project proposes construction of a three-story (two-story over garage level) 8-unit residential
townhome development. Two of the townhome units would front on G St and six of the townhome units
would front on Ida St. A total of 16 off-street parking spaces would be provided (2 side-by-side garage
spaces for each unit on G St. and 12 tandem garage spaces (2 for each unit on Ida St.). Proposed building
height would be below the 30’ height limit. A roof patio is proposed for each townhome unit, with planters,
and seating. One affordable Below Market Rate (BMR) unit would be provided in compliance with the
affordable housing requirement (at the “low-income” affordability range). The applicant has indicated that
the layout and materials used for the BMR unit will be identical to the market rate units.
Site Plan: The proposed buildings on G St. and Ida St. would be setback 15 feet from the front property
lines. Building setback from the side property line would be 3 feet (north side of G Street)/5 feet (south
side of G Street); and 6 feet (north side of Ida Street)/16 feet (south side of Ida Street). A roof patio is
proposed for each Ida Street townhome unit, as well as an outdoor common area fronting on Ida Street
(Lot 9). Trash containers would be stored under the stairwell in the garage. Landscaping would be planted
in the front yard area as well as at the rear between the two buildings (see additional landscape information
below). The property would be surrounded with a decorative metal fence. The project includes a common
area to be shared by all residents as a recreational space.
Architecture: The proposed townhomes are designed in a row house style, with two distinct designs for
G St. (mansard) and Ida St. (flat roof). The exterior building materials are a mix of Hardie shingle/stucco
and include accent elements. The top portion of the building would include a cornice element. The garage
doors would be designed to look like carriage doors but would operate as roll-up doors.
Landscaping: A total of 4 trees are proposed to be removed. However, the project would retain one Elm
tree and one Sycamore tree along the G St. frontage, and retain the existing Oak tree along the Ida St.
frontage. An additional 31 trees (including Japanese Maples, Dogwoods, Crape Myrtles, and Oaks) would
be planted on the site. Boston Ivy would be planted along the sides of the building to provide screening
REPORT TO PLANNING COMMISSION - Case No: ED15-088/ED15-089/LLA15-002 Page 4
for adjacent residences. There are also a variety of shrubs, grasses and vines proposed to be added to
the site, as well as the use of decorative pavers and brick for the driveways and walkways. A new bio-
retention area is proposed for the rear area of the G St. townhomes. Total landscaping proposed on site
would be 2,883 square feet, with 312 square feet of landscaping proposed in the required 20’ front yard
setback on G St and 872 square feet of landscaping proposed in the 20’ required front yard setback on Ida
Street. Also, the common area (732 sf) will include an additional approximately 309 square feet of
landscaped area fronting on Ida Street. In addition, the proposed rooftop planters would add an additional
landscaping.
ANALYSIS
Staff has reviewed the time extension application and re-routed plans to all appropriate City departments.
Updated conditions of approval are included in the Draft Resolution, as needed. Staff has determined that
the proposed project continues to be generally consistent with the General Plan policies as discussed in
detail in the attached 2014 Planning Commission staff report for the first time extension (Exhibit 3). Further,
the project Findings and Conditions of Approval have been revised for the time extension request in the
Draft Resolution (Exhibit 1). The previously approved Tentative Map proposed an 8-lot subdivision on the
project site. However, the Tentative Map did not identify the proposed common area parcel. The Tentative
Map submitted with the current time extension has been corrected to include this common area parcel and
as such, the proposed project description has been updated to a 9-lot subdivision. Public Works has
worked with the applicant to review the proposed Tentative Map and deemed it to be complete for
processing. Further Public Works Department review is required at the time the Final Map is submitted for
approval. There is no change in the number of housing units proposed eight (8). Typically, time extension
requests are considered routine, especially when there are minimal changes proposed to the previously
approved plans. The project as presented has not changed substantially from the project reviewed and
approved by the Planning Commission as a time extension in 2016.
The proposed project includes a total of five (5) Variances – three (3) on the G St. townhomes and two (2)
on the Ida St. townhomes:
• G St. townhomes: Variance request to reduce the minimum 50% front yard landscaping (proposing
37%), a front entry stair encroachment (11’ 8”) into the required 15-foot front setback, and a 2-foot
building encroachment into the required 5-foot side yard setback on the north side of the property.
• Ida St. townhomes: Variance request for a 2-foot encroachment into a portion of the required 5-
foot rear yard, and a 1-foot encroachment into the required 20-foot driveway setback.
Staff has determined that on balance, the requested variances are deemed to be minor in nature and are
being requested to help create a site design with a workable parking design, provide building articulation
and achieve a reasonable density and livable floor area within the units. Staff is able to continue to support
findings for the variances on the basis that: 1) the project site is oddly shaped which limits design options;
2) many of the other properties in the area also encroach into the required setbacks; 3) on balance, the
encroachments requested were only 1-2 feet; and 4) granting the variances will not be deleterious to
surrounding properties. See Draft Resolution (Exhibit 1) for detailed Findings to support variance
approvals.
NEIGHBORHOOD MEETING / CORRESPONDENCE
Notice of this hearing before the Planning Commission has been conducted in accordance with noticing
requirements contained in Chapter 29 of the Zoning Ordinance. Notice of the public hearing for the October
9, 2018 hearing date was mailed to all property owners and occupants within a 300-foot radius of the site,
the appropriate neighborhood groups (West End Neighborhood Association and Downtown BID), and all
interested parties at least 15 calendar days prior to the date of the public hearing. In addition, a public
hearing notice poster was posted on the G St. frontage and Ida St. frontage. Staff received one call from
REPORT TO PLANNING COMMISSION - Case No: ED15-088/ED15-089/LLA15-002 Page 5
an adjacent neighbor requesting information about how much parking was would be provided on the project
site. Staff responded with the information and received no further calls. Any written communication
received after the distribution of this staff report, will be forwarded to the Commission under separate cover.
CONCLUSION
The project as proposed has no substantive changes from the project reviewed and approved by the
Planning Commission on July 26, 2016. The 8-units will bring necessary housing to the City, including one
affordable unit. As such, staff continues to support the proposed time extension, subject to the revised
Tentative Map for the proposed 9-lot subdivision.
OPTIONS
The Planning Commission has the following options:
1. Approve the time extension to the applications as presented (staff recommendation);
2. Approve the time extension to the applications with certain modifications, changes or additional
conditions of approval;
3. Continue the applications to allow the applicant to address any of the Commission’s comments or
concerns; or
4. Deny the project and direct staff to return with a revised Resolution.
EXHIBITS
1. Draft Resolution
2. Project Vicinity Map
3. Planning Commission staff report, February 25, 2014
11” x 17” plans provided to the Planning Commissioners only.
1
RESOLUTION NO. ____
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION
CONDITIONALLY APPROVING A TIME EXTENSION FOR ENVIRONMENTAL
AND DESIGN REVIEW PERMIT (ED18-021), TENTATIVE MAP (TS18-001: A 9-LOT
SUBDIVISION WITH 8 AIR SPACE CONDOS AND ONE COMMON OPEN SPACE
PARCEL), VARIANCES (V18-006) FOR FRONT YARD, SIDE YARD, REAR YARD,
MINIMUM FRONT LANDSCAPING AND DRIVEWAY SETBACKS AND
SUBDIVISION EXCEPTION (EX18-003) TO THE RECREATIONAL FACILITY
REQUIREMENT, WHICH WERE PREVIOUSLY APPROVED ENTITLEMENTS
(ED16-022/TS16-002/V16-004/EX16-004) FOR A PROPOSAL TO SUBDIVIDE THE
EXISTING PARCEL INTO 8-LOTS TO CREATE 8 RESIDENTIAL TOWNHOME
CONDOMINIUMS AT 21 G STREET.
(A THROUGH LOT BETWEEN G ST. AND IDA ST.; APN: 011-232-10)
WHEREAS, on February 25, 2014, the San Rafael Planning Commission held a duly-noticed
public hearing on the proposed Environmental and Design Review Permit (ED12-058); Variances for
front yard, side yard, rear yard, minimum front landscaping and driveway (V12 -002); Tentative Map
(TS13-002); and an Exception (EX13-008) to the recreational facility requirement , accepting all oral and
written public testimony and the written report of the Community Development Department staff and
closed said hearing on that date; and
WHEREAS, on February 25, 2014, on a vote of 4-2-1 (Commissioner Lubamersky and Schaefer
dissenting and Commissioner Paul absent) the Planning Commission adopted Resolution No. 14-03,
conditionally approving the Environmental and Design Review Permit, Variance, Tentative Map and
Subdivision Exception applications; and
WHEREAS, on March 5, 2014, within the 10-day statutory period, a timely appeal was received
(AP14-001) of the Planning Commission’s conditional approval of Environmental and Design Review
Permit (ED12-058); Variances for front yard, side yard, rear yard, minimum front landscaping and
driveway (V12-002); Tentative Map (TS13-002); and an Exception (EX13-008) to the recreational
facility requirement, pursuant to Chapter 28 (Appeals) of the City’s Zoning Ordinance; and
WHEREAS, on June 16, 2014, the City Council held a duly-noticed public hearing to consider
the Appeal (AP14-001) and the modifications to the approved project design as reflected in the tentative
agreement between the appellant and the applicant, and accepted a nd considered all oral and written
public testimony and the written report of the Community Development Department staff and closed said
hearing on that date; and
WHEREAS, following the closure of the public hearing, the City Council discussed the appea l
points and the project design modifications reflected in the tentative agreement between the appellant and
the applicant, and ultimately voted to adopt Resolution 13746, denying the appeal and upholding the
Planning Commission’s decision to grant approval of Environmental Design Review Permit (ED12-058),
Variance (V12-002), Subdivision Exception (EX13-008), and Tentative Map (TS13-002) and approve
and incorporate into the resolution the modifications in the agreement between and appellant and
applicant; and
2
WHEREAS, the approved Environmental and Design Review Permit (ED12-058), Tentative
Map (TS13-002), Variance (V12-002), and Subdivision Exception (EX13-008) were provided a two-year
time frame within which to obtain the required Building Permits and commence construction. The two-
year approval was set to expire on June 16, 2016 and the applicant submitted a request for a time
extension on February 22, 2016, prior to the expiration date; and
WHEREAS, on July 26, 2016, on a vote of 4-2-1 (Commissioner Lubamersky and Schaefer
dissenting and Commissioner Paul absent) the Planning Commission adopted Resolution No. 16-14,
conditionally approving a 2-year time extension to for the Environmental and Design Review Permit,
Variance, Tentative Map and Subdivision Exception applications; establishing a new expiration date of
July 26, 2018; and
WHEREAS, the applicant submitted a request for a second time extension on March 29, 2018,
prior to the July 26, 2018 expiration date; and
WHEREAS, on October 9, 2018, the San Rafael Planning Commission held a duly-noticed
public hearing on the proposed time extension requests for the Environmental and Design Review Permit,
Tentative Map, Variance and Subdivision Exception, accepting all oral and written public testimony and
the written report of the Community Development Department staff and closed said hearing on that date;
and
WHEREAS, the proposed time extension request continues to be exempt from the requirements
of the California Environmental Quality Act (CEQA), pursuant to Section 15332 of the CEQA
Guidelines which exempts In-Fill Development Projects given that: a) the project is consistent with the
General Plan and Zoning Ordinance designation for the site which allows residential uses at the proposed
density; b) the site is 0.25 acres, less than 5 acre threshold, and is an infill site located in an urban area
that is surrounded by development on sides; c) the entire site has been formerly graded and developed
and there are no known endangered, rare or threatened species on the site or in the immediate
surroundings; d) the project has been reviewed by the City’s Traffic Division and determined to result in
6 additional peak hour trips (3 in the AM peak hour and 3 in the PM peak hour) and determined to have
no impact on LOS in the area; and e) all utlility agencies have indicated that they can either provide
required services to the new development, or are requiring additional entitlements (MMWD); and
WHEREAS, the custodian of documents which constitute the record of p roceedings upon which
this decision is based is the Community Development Department; and
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San
Rafael does hereby approve the time extension applications for Environmental and Design Review
Permit (ED18-021), Tentative Map (TS18-001), Variance (V18-006) Subdivision Exception (EX18-003)
for: 1) a 9-lot subdivision to construct eight (8) new townhomes and one (1) common open space parcel
for shared outdoor recreation space; 2) a reduction in the minimum front landscaping requirement,
stairway encroachment into the required front setback, and encroachment into the side yard setback for
the townhomes on G Street, and for enroachments into the required rear yard setback and an
encroachment into the driveway setback for the townhomes on Ida Street; and 3) a waiver of the on-site
recreational room requirement (per Chapter 15), based on the following Findings and subject to the
Conditions of Approval.
3
Environmental and Design Review Findings
(ED18-021)
1) The proposed construction of 8 townhomes (2 units on G Street and 6 units on Ida Street) is in accord
with the General Plan, the objectives of the Zoning Ordinance and the purposes of this Chapter given
that:
a. The proposed project (as conditioned) is consistent with General Plan Policies summarized as
follows and discussed in detail as noted in the General Plan Consistency table included in the
February 25, 2014 Staff Report to the Planning Commission, Exhibit 4 (Table Analyzing Project
Consistency with General Plan 2020), including the following policies LU-2 (Development
Timing), LU-8 (Intensity of Residential Development), LU-12 (Building Heights), LU-14 (Land
Use Compatibility), LU-23 (Land use Maps and Categories), H-I (Housing Distribution), H-3
(Designs That Fit Into the Neighborhood Context), H-19 (Inclusionary Housing Requirements),
H-21 (Density Bonuses), H-18b (Efficient Use of Multifamily Housing Site), H-22 (Infill Near
Transit), NH-2 (New Development in Residential Neighborhoods), NH-17 (Competing
Concerns), NH-22 (Downtown Housing), NH-43 (West End Design Considerations), CD-2
(Neighborhood Identity), CD-3 (Neighborhoods), CD-4 (Historic Resources), CD-15
(Participation in Project Review), CD-18 (Landscaping), I-2 (Adequacy of City Infrastructure
and Services), I-4 (Utility Undergrounding), I-6 (Street Maintenance), I-8 (Street Trees), CA-13
(Historic Buildings and Areas), SU-6 (New and Existing Trees), SU-5a (Green Building
Regulations), SU-8a (Affordable Housing), S-6 (Seismic Safety of New Buildings), S-25
(Regional Water Quality Control Board (RWQCB) Requirements), N-1 (Noise Impacts on New
Development), N-2 (Exterior Noise Standards for Residential Use), AW-1 (State and Federal
Standards), and AW-8 (Reduce Pollution From Urban Runoff);
b. The proposed project (as conditioned) conforms to the objectives of the Zoning Ordinance
Chapter 14.04 (Base District Regulations), Chapter 18 (Parking), Chapter 25 (Environmental
Design Review Permits), and the San Rafael Design Guidelines in that the project is an allowable
use in the HR1 zoning district, the project would provide 16 off -street parking spaces, with
tandem spaces allowed as State density bonus concession for providing one (1) affordable
housing unit, and the project has been reviewed by the Design Review Board and recommended
for approval. The project site is an L-shaped lot located between G St. and Ida St. near
downtown Fourth Street. It is a transitional site between the bulk and massing of Fourth Street
and the relatively smaller single-family homes in the center portion of G St. The project has gone
through considerable revisions since the initial conceptual design review application, reducing
the number of units from 9 to 8 units, re-designing the buildings on G St. with gable roof forms
and providing more ground level usable open space. The re-designed project has taken into
account the variety of design elements in the neighborhood; and
c. The project has been reviewed by Planning staff for conformance with the applicable design
criteria established in Chapter 14.25 of the Zoning Ordinance and staff determined that the
proposed units, as conditioned, would be compatible in color and materials with the existing
buildings in the vicinity and add much needed in-fill housing to the downtown area, including
one affordable unit, thereby improving the overall quality of the streets in the surrounding
neighborhood.
2) The project design, as conditioned, is consistent with all applicable site, architecture and landscaping
design criteria and guidelines for the High Density Residential (HR1) Zoning District in which the
site is located given that:
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a. The proposed 8 units is an allowable use and at an allowable density in the HR1 zoning district;
b. In terms of Chapter 25 review criteria, the project has been designed to incorporate two distinct
streetscapes. The G St. frontage is less bulk and mass and more akin to a single family
residential district, though there are larger buildings at the end of the street. The ori ginal design
of the entire project was a flat roof row house design. This design was changed on the G St .
frontage to take into account the smaller scale of existing buildings on G St. A gable roof
element was introduced, and a central staircase was added. The Ida St. townhomes retained the
flat roof design since the predominant feel of the block is tall commercial buildings with only
one single family home on the block. The building mass is set back from the adjacent property to
the south through the placement of a usable open space area on the south end of the property, as
well as the preservation of the existing Oak Tree on Ida St.;
c. The proposed exterior building color and materials will blend in with the variety of architectural
styles and materials in the area, including older historic resources in the area;
d. The site has 2 existing street trees along the G St. frontage and one existing Oak tree on the Ida
St. frontage, all of which will remain. Additional landscaping along the interior and perimeter of
the project site will be added, including a total of 4 new street trees (one on G St. and three on
Ida St.); and
e. The project was reviewed by the Design Review Board, which recommended multiple changes to
the project design and site orientation, and ultimately voted 4-1 to recommend approval of the
revised project.
3) The project design minimizes adverse environmental impacts given that:
a. The proposed project was reviewed by applicable City departments and no adverse
environmental impacts were identified;
b. The proposed project would be constructed in compliance with all applicable local, State and
Federal building codes and health and safety standards;
c. The proposed project is Categorically Exempt from the California Environment al Quality Act
pursuant to Article 19 Categorical Exemptions, Section 15332 (Infill Development). A historic
resource evaluation was completed on December 7, 2013 by Archaeological Resources
Technology. The report concluded that the residence at 21 G Stre et did not qualify as a historic
resource. As such, the residence at 21 G Street can be demolished with no significant impact on
historic structures;
d. Based on the Findings and Recommendations on Page 11 of the Archaeological Resources
Technology Report, Design Review Permit Condition of Approval #11 has been added to ensure
appropriate monitoring for any potential archaeological resources encountered during
construction; and
e. The project has been revised to include bio-retention areas on site to comply with Marin County
Stormwater Pollution Prevention Program (MCSTOPPP) requirements.
4) That the project design will not be detrimental to the public health, safety or welfare, nor materially
injurious to properties or improvements in the vicinity in t hat the project is a residential project
located in a zoning district zoned for residential uses. The use of the property is a similar use as is
seen on other residential lots on G Street and Ida Street. The project is designed with code compliant
parking (2 spaces per unit) and the proposed tandem spaces along Ida Street will still provide off -
street parking for two vehicles. The proposed project has requested 5 variances to the property
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development standards. Findings to support project approval are detailed below under “Variance
Findings.”
Variance Findings
(V18-006)
1. That because of special circumstances applicable to the property, including size , shape, 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;
2. That the variance will continue to 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;
3. That granting the variance will continue to 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;
4. That granting the application will continue to 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 project applicant is seeking approval for a total of five (5) variances – three (3) on the G Street
townhomes and two (2) on the Ida Street townhomes:
• G Street townhomes: Variance request to reduce the minimum 50% front yard landscaping
(proposing 37%), a front entry stair encroachment (11’ 8”) into the required 15-foot front
setback, and a 2foot building encroachment into the required 5-foot side yard setback on the
north side of the property.
• Ida Street townhomes: Variance request for a 2-foot encroachment into a portion of the required
5-foot rear yard, and a 1-foot encroachment into the required 20-foot driveway setback.
In general, the variance requests are relatively minor in nature in terms of the actual amount of
encroachments requested, mainly 1-2 feet. The City actually recognizes that many properties in San
Rafael pre-existed the zoning code and as such are considered “legal non-conforming’. Small
deviations to the prescribed property development standards are allowed through either an Exception
process or the Variance process. Typically, for new development, the protocol is to design the
project without the need for variances or exceptions. However, odd-shaped lots present special
difficulties. In this instance, the original project presented for conceptual design review was
designed with code compliant 5-foot setbacks for the side property line. In addition, no variance for
a stair encroachment into the front setback was needed as there was no staircase proposed as part of
the front façade. Based on public input and concern about tandem parking along G Street, the DRB
recommended that parking be re-designed as side-by-side and the applicant indicated in order to
accommodate the interior garage dimension, they would have to widen the garage and request a 2-
foot encroachment into the required side yards on the G St frontage. Similarly, the addition of a front
staircase to reduce the bulk along G St required an encroachment into the front setback beyond the 6-
feet allowed for a stair encroachment.
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The overriding consideration for granting all 5 variances is based on the size, shape and orientation
of the subject lot, which is an L-shaped through lot. In addition, per DRB recommendation, the
applicant reduced project size from 9 units to 8 units, which is 2 units below the maximum 10-unit
density allowed per Code. There is an inherent hardship in the strict application of the development
standards for setbacks, minimum landscaping and driveway setback because many other properties in
the vicinity also have similar issues of encroachment into the required side yard setback and possibly
other setbacks. As such, granting the variance would not bestow any a special privilege to the project
applicant that is not also enjoyed by other property owners in the area. However, each variance
requested has unique impacts and are therefore discussed separately below:
a. Minimum Landscaping (G Street): Pursuant to Zoning Ordinance Section 14.04.040, there is a
50% landscaping requirement in the HR1 zoning district. The requested variance would allow a
reduction in the required landscaping from 420 square feet to 312 square feet (108 square feet
less than required).
Findings: The variance is considered to be justified given that this portion of the lot is narrow, at
56-feet width, whereas 60-feet is required for a compliant HR1 lot width. Much of the frontage
along the G Street townhomes would be utilized to create the paved driveway access to provide
side-by-side parking. The project was originally proposed with tandem parking, which would
have required less paved area for parking. However, the project was re-designed based DRB
recommendations and on public concern about the feasibility of tandem parking. As such, the
area available for landscaping was reduced. The project is proposing to provide permeable pavers
in order to soften the visual impact of driveway paving and respond to the intent of the landscape
requirement. In walking the neighborhood, staff notes that the other homes on the block utilize
hardscape in the front yard area, some of which is used for parking. Granting the variance would
not be injurious to surrounding properties in that the site will be heavily landscaped along the
perimeters and several street trees will be added to the site. While the front landscaping is less
than what is required by code, the project is proposing to keep the existing 2 street trees on G
Street and plant one additional tree. On balance, this will help mitigate for the loss of
landscaping in the required front yard area.
b. Front Yard Setback (G Street): Pursuant to Zoning Ordinance Section 14.04.040, the required
front setback in HR1 zone is 15 feet. Stairways are allowed to encroach up to 6 feet into any
required front yard. The proposed front access stairway encroaches 11’8” into the front setback
(i.e., 5’8” further than the 6-foot allowable stair encroachment). The previous project design did
not include stairs, but the G St. townhomes were re-designed per DRB recommendations with
entry stairs in order to bring the façade more in line with existing single-family architectural
styling on G St. As such, a front setback variance is required for the new staircase
encroachment.
Findings: Staff has determined that the stair encroachment is relatively minor, considering that
pursuant to Section 14.15.030, stairways are allowed to encroach up to 6 feet into any required
front yard. The proposed encroachment is only 5’8” further than the 6-foot allowable stair
encroachment and would add a much needed design element to the streetscape. Many other
properties on G Street also have exterior staircases, and the design lends itself to creating a
façade more compatible with the existing properties on G Str eet. The staircase would not be
injurious to adjacent properties as it will meet all code requirements.
c. Side Yard Setback (G Street): Pursuant to Zoning Ordinance Section 14.04.040, a 5-foot side
yard setback is required in the HR1 zone. The proposed project was designed with a 4-foot side
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yard setback for the G Street frontage, in order to accommodate code compliant 20’ wide 2-car
garage width. However, as a result of the appeal, the side yard setback on the south side of the
project site (adjacent to 15 G Street) was increased from 4 feet to 5 feet , and the side yard
setback on the north side of the property (adjacent to a vacant parking lot) was decreased to 3
feet.
Findings: This requested variance has generated concern from the neighboring residents,
particularly the adjacent resident of the single family, two-story home at 15 G St., who expressed
concern about the impact of a 3-story structure on light and air to their property. This home is a
two-story home and is about 2-feet away from the property line adjacent to the project site, and
also encroaches into the required 5-foot side yard setback on their property but is considered
legal, non-conforming. The impact of the wall will be somewhat reduced because the side yard
area will be heavily vegetated and the outdoor recreational space for 15 G Street is on the other
side of the lot. Though the adjacent neighbor will face a tall wall, the south elevation for G St.
does have window openings and is proposed to be covered with Ivy to help soften the wall. The
applicant has indicated that there is insufficient interior garage space to further reduce the size of
the garage.
The side yard setback variance is justifiable based on the narrow lot width at this portion of the
irregularly L-shaped site, and the fact that several other properties in the area also encroach into
the setbacks, although these properties are legal non-conforming. The encroachment is necessary
to provide side-by-side parking specifically expressed as a choice preferred over the tandem
parking originally proposed on G Street. The variance is needed in order to accommodate the
garage size and meet interior dimensions required to open the car doors. As such, staff is inclined
to support the variance.
d. Rear Yard Setback (Ida Street): Pursuant to Zoning Ordinance Section 14.04.040, the required
rear yard setback is 5 feet. The Ida St. townhomes are designed with a cantilevered window
projection for the two floor levels above the garage. For two of the units, this cantilevered
section extends 2-feet into the required 5-foot rear yard setback.
Findings: Again, due to the irregular L-shaped lot, site design is more challenging. The
cantilevered section of the rear façade would almost qualify as an “allowable encroachment” as
an “architectural feature” except that it is a feature that is repeated for 3 stories. As such it is
considered an encroachment into the required yard. Without the variance request, the upper
stories would have no articulation which would run counter to the Chapter 25 design review
criteria for building design articulation. Further, the encroachment would have no impact on
adjacent properties considering that the rear yard abuts the rear building on the G St. side of the
same project site. This property is not like other regular single family lots in that there is no rear
property line between the G St. townhomes and the portion of the Ida Street townhomes directly
behind them. In addition, the 1-foot rear yard encroachment would not negatively impact usable
outdoor space on the lot, as all units have access to both common open space and private usable
open space (in the form of terraces, roof gardens, and porches). Given the minimal nature of the
impact on adjacent properties and the benefit it would add to the building design, staff can
support this variance request.
e. Driveway Setback (Ida Street): Pursuant to Table 14.04.040, the development standards for the
driveway setback have not been met. The Zoning Ordinance requires that “where there is a
driveway perpendicular to the street, any garage built after January 1, 1991 shall be setback
twenty (20) feet. The project is proposing a 19-foot setback for Ida Street. The proposed
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project would group driveways along Ida St., eliminating the need for six distinct curb cuts.
However, due to the tandem parking design, a variance to the 20’ required driveway setback is
requested.
Findings: The L-shaped lot does not have sufficient depth required to meet all of the zoning
setback and dimension standards with tandem parking. The variance is deemed justified based on
the fact that the project cannot comply with all zoning setback standards, achieve its allowable
and reasonable density and provide tandem parking as permitted under state law. Reducing the
garage by one foot to meet the required standard would most likely compromise the use of the
garage for two cars. The goal of the 20-foot driveway setback standard is to ensure that cars do
not block the sidewalk. Based on the site design, staff determined that the garage has ample
space to ensure the cars will be able to pull onto the lot and not interfere with the sidewalk area.
Considering the variance request did not generate much public opposition, it seems that there is
value in preserving the option to have more building articulation in keeping with Chapter 25
Design Guidelines.
Tentative Map Findings
(TS18-001)
1. The proposed map is consistent with the San Rafael General Plan and any applicable, adopted
specific plan or neighborhood plan as noted in Environmental and Design Review Permit Finding #1
above. The purpose of the map is to create a 9-lot subdivision: 8 air space condomiums with no real
impact on the orientation of the lots on the project site itself , and one common area parcel for shared
usable open space;
2. The design or improvement of the subdivision is consistent with the San Rafael General Plan and any
pertinent, adopted specific plan or neighborhood plan in that the subdivision would create two (2)
units on G Street and six (6) units on Ida Street and these units are in keeping with the allowable
density and lot configuration for the HR1 residential zoning district with respect to height limit,
parking and total lot coverage. Several variances are required in order to construct all 8 units, and
appropriate Variance findings have been made as noted above;
3. The property subject to subdivision is physically suitable for the type and density of the development
in that the City has balanced the regional and local housing needs against the public service needs of
its residents, as well as available fiscal and environmental resources, and concludes that adequate
public services are available to the site based on existing service providers that have reviewed the
project and indicated that subject to conditions of approval, the system has the capacity to provide
service;
4. The property subject to subdivision is physically suitable for the density of development that is
proposed in that: a) the proposed subdivision would create eight (8) air condominium units on site,
which is below the maximum density allowable per code (10 units); b) the project would also provide
two-car garages for all units, which complies with the required parking in the zoning ordinance ; c)
ample, code compliant private and common usable open space is provided for the pr oject; and d) the
proposed subdivision would create air condominiums, with no impact on the actual orientation of the
physical lots on the ground level in terms of property lines;
5. The design of the subdivision or the proposed improvements are not likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that : a)
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the site is currently graded and developed with no known environmental resources on the site, b) the
site is an in-fill site that has been designated in the zoning ordinance and general plan as high density
residential development; c) the project has been determined to be categorically exempt from CEQA
review pursuant to CEQA findings listed below;
6. The design of the subdivision or the type of the proposed improvements is not likely to cause serious
health problems in that: a) it is a residential project in keeping with the existing residential zoning for
the vicinity; b) the proposed project would be built in accordance with the late st Building and Fire
codes to ensure the health and safety of future residents and adjacent neighbors; c) the City’s Public
Works Department (DPW) reviewed project and determined that it would be subject to new Marin
County Storm Water Pollution Prevention Program (MCSTOPPP) regulations as required by the
California State Water Resources Control Board. As such, DPW added a condition (COA #29)- to
require the project provide an analysis to show the project complies with MCSTOPPP requirements,
and also encourages the use of bio-retention areas on site; d) the San Rafael Sanitation District
reviewed the drainage and proposed sewer connections for the project site and deemed the project
design to be in keeping with City standards; and e) as conditioned, the proposed subdivision would
not result in impacts to water quality or impacts to environmental resources in that an erosion control
plan is required as a condition of project approval, which must be implemented before any grading or
construction commences on the site.
7. The design of the subdivision or the type of proposed improvements will not conflict with easements,
acquired by the public at large, for access through or use of property within the proposed subdivision
in that no easements were identified as part of the Title Report submitted for the project. The project
site is privately owned with no known public access through the lot. DPW condition (COA #28)
requires the applicant to verify that the project has no impacts on easements.
Subdivision Exception Request Findings
(EX18-003)
1. That there are special circumstances and/or conditions of the property proposed for subdivision that
warrant the approval of the exception to the requirement for an on-site recreational facility in that the
project site is very small and is not able to accommodate an additional building for recreational use.
In addition, the goal of this provision was to target larger residential complexes with many more than
eight (8) units and a higher need for a separate recreational room;
2. That the exception is necessary for the preservation and enjoyment of a substantial property right of
the subdivider or property owner. The property is designed as for-sale condominiums, akin really to
a single-family home. Requiring a recreation room for such a development style would not be
appropriate, given the design of each townhome, with ample access to a garage, common open space,
a private roof garden and private patios. Given the size of the project site and the site constraints to
provide code complaint parking and setbacks, it would be a hardship to create a recreation room that
would most likely be relatively unused.
3. That the granting of the exception will not be detrimental to the public welfare or injurious to other
property in the vicinity in which the property is situated. The property will continue to function as a
residential development without a recreation room. Adjacent neighbors would not be impacted by
the lack of a recreation building on the project site. Residents of the proposed project will have
access to a garage area, storage and common open space for their recreational activities.
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California Environmental Quality Act (CEQA) Findings
1. The proposed project is exempt from the requirements of the California Environmental Quality Act
(CEQA), since it qualifies as an infill affordable housing project pursuant to Public Resources Code
Sections 21159.21 and 21159.24 and Section 15332 of the CEQA Guidelines which exempts In-Fill
Development Projects. This project qualifies for this exemption based on the following:
a) The project is consistent with the General Plan and Zoning Ordinance designated for the site
(High Density Residential);
b) The subject site is within City limits and is an infill site that totals less than five acres (0.5 acres)
in size and is surrounded by a mixture of uses on three sides, including single-family residential,
medium- and high-density residential and commercial uses;
c) The entire site and its surroundings have been formerly graded and completely developed. There
are no known endangered, rare or threatened species on the site or in the immediate
surroundings;
d) The project has been reviewed by the City’s Traffic Division and determined to result in 6
additional peak hour trips (3 in the AM peak hour and 3 in the PM peak hour). It is not
anticipated that the proposed project would create significant sources of noise or air pollution,
and the new residential use would generate noise levels that are similar to the other residential
uses in the surrounding neighborhood, and
e) All utlility agencies have indicated that per conditions required, they can provide required
services to the new development.
Environmental and Design Review (ED18-021)
Conditions of Approval
Community Development Department - Planning Division
1. The proposed 8-unit townhome development shall be installed and designed in substantial
conformance with the proposed site plan and elevations and landscape plan as presented for approval
on plans prepared by Camiccia Construction, date stamped Approved, October 9, 2018, and shall be
the same as required for issuance of a building permit, subject to the listed conditions of approval.
Minor modifications or revisions to the project shall be subject to review and approval of the
Community Development Department, Planning Division. Modifications deemed not minor by the
Community Development Director shall require review and approval by the original decision making
body.
2. This Environmental and Design Review Permit (ED18-021) approving the Project shall run
concurrently with the approved Tentative Map (TS18-001), Variance (V18-006) and Exception to
Subdivision Ordinance (EX18-003). If any entitlement expires, this Environmental and Design
Review Permit approving the Project, as depicted on Project plans, shall also expire and become
invalid.
3. This Environmental and Design Review Permit (ED18-021) shall run with the land and shall remain
valid regardless of any change of ownership of the Project site, subject to these condition s, provided
that a building/grading permit is issued, and construction commenced, by June 16, 2019. Failure to
11
obtain a building permit or grading permit and construction or grading activities commenced will
result in the expiration of this Environmental and Design Review Permit. No further time extensions
for this project may be granted given that the maximum 5-year timeline for tentative maps will be
reached by July 1, 2019 (see Tentative Map Conditions of Approval on Page 16).
4. Approved colors are as shown on the approved color and material board and also shown on elevation
plan sheets. The approved color for the exterior stucco is Benjamin Moore #1496 “Raintree Green”,
Hardie Shingle is Benjamin Moore #1494 “Vale Mist”, accent bands paint color is Benjamin Moore
“Bone White”, standing Seam metal roof color is “Aged Bronze”, and windows and door colors is
Benjamin Moore “Appalachian Brown”. Any future modification to colors shall be subject to review
and approval by the Planning Division.
5. A copy of the Conditions of Approval for ED18-021 shall be included as a plan sheet with the
building permit plan submittal.
6. Once a building permit for the proposed site improvements is issued within the deadline and
construction is commenced, then the Environmental and Design Review Permit shall become valid
and run with the land and will not have an expiration date. On-going compliance with all conditions
of approval shall be required to keep the Environmental and Design Review Permit valid.
7. All new and existing landscaping shall be maintained in a healthy and thriving condition, free of
weeds and debris. Any dying or dead landscaping shall be replaced in a timely fashion with new
healthy stock of a size compatible with the remainder of the growth at the time of replacement.
8. All exterior lighting shall be shielded down. Following the issuance of a certificate of occupancy, all
exterior lighting shall be subject to a 90-day lighting level review by the Planning Department,
pursuant to Zoning Ordinance Section 14.16.227 (Light and Glare), to ensure compatibility with the
surrounding area.
9. The applicant shall contact the Planning Division to request a final inspection, prior to the issuance
of the final building permit. The request for final inspection by the Planning Division shall require a
minimum of 48-hour advance notice.
10. Construction hours and activity (including any and all deliveries) are limited to the applicable
requirements set forth in Chapter 8.13 of the San Rafael Municipal Code.
11. Archaeological Resources Technology Report (Page 12) has recommended monitoring at the site to
determine the presence/absence of cultural resources. If, during the course of construction, cultural,
archaeological or paleontological resources are uncovered at the site (surface or subsurface
resources) work shall be halted immediately within 50 meters (150 feet) of the find until it can be
evaluated by a qualified professional archaeologist. The City of San Rafael Planning Division and a
qualified archaeologist (i.e., an archaeologist registered with the Society of Professional
Archaeologists) shall be immediately contacted by the responsible individual present on -site. When
contacted, the project planner and the archaeologist shall immediately visit the site to determine the
extent of the resources and to develop proper mitigation measures required for the discovery.
12. The applicant/property owner agree to defend, indemnify, release and hold harmless the City of San
Rafael, its agents, officers, attorneys, employees, boards and commissions from any claim, action or
proceeding brought against any of the foregoing individuals or entities ("indemnities"), the purpose
12
of which is to attack, set aside, void or annul the approval of this application or the certification of
any environmental document which accompanies it. This indemnification shall include, but not be
limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted or
incurred by any person or entity, including the applicant, third parties and the indemnities, arising out
of or in connection with the approval of this application, whether or not there is concurrent, passive
or active negligence on the part of the indemnities.
13. In the event that any claim, action or proceeding as described abo ve is brought, the City shall
promptly notify the applicant/property owner of any such claim, action or proceeding, and the City
will cooperate fully in the defense of such claim, action, or proceeding. In the event the
applicant/property owner is required to defend the City in connection with any said claim, action or
proceeding, the City shall retain the right to: 1) approve the counsel to so defend the City; 2) approve
all significant decisions concerning the manner in which the defense is conducted; and 3) approve
any and all settlements, which approval shall not be unreasonably withheld. Nothing herein shall
prohibit the City from participating in the defense of any claim, action or proceeding, provided that if
the City chooses to have counsel of its own to defend any claim, action or proceeding where the
property owner/applicant already has retained counsel to defend the City in such matters, the fees and
the expenses of the counsel selected by the City shall be paid by the City.
14. As a condition of this approval, the applicant/property owner agree to be responsible for the payment
of all City Attorney expenses and costs, both for City staff attorneys and outside attorney consultants
retained by the City, associated with the reviewing, process and implementing of the land use
approval and related conditions of such approval. City Attorney expenses shall be based on the rates
established from time to time by the City Finance Director to cover staff attorney salaries, benefits,
and overhead, plus the actual fees and expenses of any attorney consultants retained by the City.
Applicant shall reimburse City for City Attorney expenses and costs within 30 days following billing
of same by the City.
Community Development Department – Building Division
15. The design and construction of all site alterations shall comply with the 2016 California Residential
Code (CRC), 2016 California Building Code (CBC), 2016 California Plumbing Code (CPC), 2016
California Electrical Code (CEC), 2016 California Mechanical Code CCMC), 2 016 California Fire
Code (CFC), 2016 California Energy Code, 2016 California Green Building Standards Code and City
of San Rafael Ordinances and Amendments.
16. A building permit is required for the proposed work. Applications shall be accompanied by four (4 )
complete sets of construction drawings to include:
a. Architectural plans
b. Structural plans
c. Electrical plans
d. Plumbing plans
e. Mechanical plans
f. Site/civil plans (clearly identifying grade plane and height of the building)
g. Structural Calculations
h. Truss Calculations
i. Soils reports
j. Green Building documentation
k. Title-24 energy documentation
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17. The maximum area of unprotected and protected openings permitted in the exterior wall in any story
of a building shall not exceed the percentages specified in CBC Table 705.8 “Ma ximum Area of
Exterior Wall Openings Based on Fire Separation Distance and Degree of Opening Protection.” To
calculate the maximum area of exterior wall openings you must provide the building setback distance
from the property lines and then justify the percentage of proposed wall openings and include
whether the opening is unprotected or protected.
18. Townhouses more than three stories above grade in height must comply with the CBC. CBC Table
705.8 allows:
• 15% exterior wall openings (in any story) in sprinklered buildings where the openings are
3’ to less than 5’ from the property line or buildings on the same property.
• 25% exterior wall openings (in any story) in sprinklered buildings where the openings are
5’ to less than 10’ from the property line or buildings on the same property.
• 45% exterior wall openings (in any story) in sprinklered buildings where the openings are
10’ to less than 15’ from the property line or buildings on the same property.
19. Any demolition of existing structures will require a permit. Submittal shall include three (3) copies
of the site plan, asbestos certification and PG&E disconnect notices. Also, application must be made
to the Bay Area Air Quality Management District prior to obtaining the permit and beginning work.
20. School fees will be required for the project. Calculations are done by the San Rafael City Schools,
and those fees are paid directly to them prior to issuance of the building permit.
21. You must apply for a new address for this building from the Building Division.
22. This project is subject to the City of San Rafael Green Building Ordinance. A sliding scale is
applied based on the average unit square footage. New multi-family dwellings must comply with the
“Green Building Rating System” by showing a minimum compliance threshold between 65 and 75
points. Additionally, the energy budget must also be below Title 24 Energy Efficiency Standards a
minimum 15%.
Fire Department - Fire Prevention Bureau
23. The design and construction of all site alterations shall comply with the 2016 California Fire Code
and City of San Rafael Ordinances and Amendments.
24. Deferred Submittals for the following fire protection systems shall be submitted to the Fire
Prevention Bureau for approval and permitting prior to installation of the systems:
a. Fire Sprinkler plans (Deferred Submittal to the Fire Prevention Bureau)
b. Fire Underground plans (Deferred Submittal to the Fire Prevention Bureau)
c. Fire Alarm plans (Deferred Submittal to the Fire Prevention Bureau)
25. A fire apparatus access plan shall be pr epared for this project. Fire apparatus plan shall show the
location the following:
a. Street address signage.
b. Recessed Knox Boxes
c. Fire Alarm annunciator panel.
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26. A Knox Box is required at the primary point of first response to the buildings. A recessed moun ted
Knox Box # 3275 Series is required for this project; the Knox Box shall be clearly visible upon
approach to the main entrance from the fire lane. Note the Knox Box must be installed from 72” to
78” above finish grade; show the location on the plans.
27. Contact the Marin Municipal Water District (MMWD) to make arrangements for the water supply
serving the fire protection system.
Public Works Department – Land Development Division
28. Easements: Show the easements on the site plan. A 3-foot utility easement is shown on the northern
portion of the site. It is unclear if this easement serves other utilities; please confirm that location of
the drainage in this easement does not have a conflict.
29. Drainage: This project proposes over 5000 square feet of impervious surface and is a regulated
project under the MCSTOPPP requirements. Provide a stormwater control plan, which includes a
written document, in addition to the erosion control plan shown on the plan set. More specific
information is available from MCSTOPPP, hosted on the Marin County Website. See tools and
guidance, and post construction requirements
at:http://www.marincounty.org/depts/pw/divisions/mcstoppp/development/new-and-redevelopment-
projects
• Based on the proposed plan the required stormwater treatment will be achieved using
bioretention and pervious pavement. The plans indicate bioretention is provided,
however it appears that some of this may be labeled as bioswales. The treatment rates for
these facilities are different. Prior to issuance of a building permit the required treatment
area shall be provided. It appears that the bioswale areas may be modified to bioretention
areas which is acceptable.
• A stormwater facilities maintenance agreement shall be required.
• Stormwater runoff shall not be increased. We recommend surface runoff to be directed
towards the bioretention areas or in vegetated swales, as opposed to area drains
connected directly to the gutter.
• The bioswale located along the front of the common area shall be modified to include
pedestrian access through the gate.
30. Prior to issuance of a building permit, include an erosion and sediment control plan.
31. The following comments are for informational purposes:
Access:
• The driveways for the units on G Street are constricted before one full car length back
from the garage. This may limit vehicle maneuverability exiting the garage. Additionally,
it may limit the ability to park a second vehicle on the driveway. We recommend minor
modifications to the onsite taper and front yard fence which may improve access, onsite
parking and maneuverability.
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• The replacement of the curb on G Street shall extend to include the proposed under
sidewalk drains. These outlets shall include a junction box located immediately inside
the property line, according to the uniform construction standards.
• An Encroachment Permit shall be required for work any work within the Right -of-Way
from the Department of Public Works, located at 111 Morphew Street. Staging,
stockpiling, or debris bin placement shall not occur within the Right-of-Way.
General:
• A construction vehicle impact fee shall be required at the time of building permit
issuance; which is calculated at 1% of the valuation, with the first $10,000 of valuation
exempt.
• Applicant shall pay a traffic mitigation fee in the amount of $25,476 for 6 peak hour trips
(3 AM and 3 PM trips) if the townhouses are ownership units. Or pay a traffic mitigation
fee in the amount of $42,460 for 10 peak hour trips (5 AM and 5 PM trips) if they are
rental units.
San Rafael Sanitation District (SRSD)
32. Pipe material and minimum cover for the laterals should be indicated on the plans. Acceptable pipe
materials for side sewer laterals can be found on the SRSD Standard Specifications and Drawings on the
SRSD website.
33.The minimum size for any of the laterals shall be 4". All laterals shall have a minimum slope of 1%.
Please indicate this on the plans.
34. Additional cleanouts are required with every change of direction of the pipe and within 90 linear feet.
35. Trench section details conforming to the SRSD Standard Specifications are required and shall be
included on the plans.
36. The utility plans shall be stamped and signed by a civil engineer licensed in the State of California
before the plans can be approved or the building permit issued.
37. Sewer connection fees are required and shall be paid to the San Rafael Sanitation District before
issuance of the building permit.
Marin Municipal Water District
38. The project site is currently being served. The purpose and intent of existing Service is to No. 00900
is to provide water to a single-family dwelling. The proposed demolition of the existing structure and
construction of eight (8) new townhomes will not impair the Districts ability to continue service to this
property. However, the property’s current annual water entitlement is insufficient for this new use;
therefore, the purchase of additional water entitlement will be required. Water service required for the
new townhomes will be available upon request and fulfillment of the requirements listed below. Please
note, meter locations are subject to MMWD review and approval.
a. Complete a High-Pressure Water Service Application
b. Submit a copy of the building permits
c. Pay appropriate fees and charges
d. Comply with the District’s rules and regulations in effect at the time service is requested
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e. Comply with all indoor and outdoor requirements of District Code title 13 – Water Conservation.
Plans shall be submitted and reviewed to confirm compliance. The following are required:
verification of indoor fixtures compliance, landscape plan, irrigation plan, grading plan. Any
questions regarding District Code Title 13 should be directed to the Water Conservation
Department at 415-945-1497. You can also find information at www.marinwater.org
f. Comply with the backflow prevention requirements, if upon the District’s review backflow
protection is warranted, including installation, testing and maintenance. Questions regarding
backflow requirements should be directed to the Backflow Prevention Program Coordinator at
(415) 945-1559.
g. Comply with Ordinance No. 429, requiring the installation of gray water recycling systems when
practicable for all projects required to install new water service and existing structures
undergoing “substantial remodel” that necessitates an enlarged water service.
Pacific Gas and Electric (PG&E)
39. Prior to the start of excavation or construction it is required that the contractor call Underground
Service Alert (USA) at 1-800-227-2600 to have the location of any existing underground facilities
marked in the field.
Tentative Map (TS18-001)
Conditions of Approval
Community Development Department - Planning Division
1. The Tentative Map (TS18-001) shall be valid until June 16, 2019, which is five (5) years after the
date of the original June 16, 2014 City Council’s decision to deny the appeal and uphold the Planning
Commission’s approval of the project. No additional time extensions can be requested, but if need be, an
application for a new Tentative Map and associated entitlements could be submitted to the Planning
Division.
2. The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030 of
the San Rafael Zoning Ordinance and is therefore required to provide one (1) of the eight (8) units as
affordable. Prior to the issuance of a building permit or recordation of the final map, whichever
occurs first, a Below Market Rate (BMR) agreement for the one (1) affordable unit shall be approved by
the City Council and recorded on the property. Consistent with the affordable housing requirements and
the request for a state density bonus, the unit shall be affordable to low-income households. The location
of the BMR units shall be identified on the project plans and the final location shall be subject to review
and approval of the City as part of the City’s consideration of the BMR agreement.
3. Prior to issuance of building permits or prior to the recordation of a Final Map, whichever
occurs first, the developer shall pay to the City in lieu parkland dedication fees for eight (8) new units in
accordance with the provisions of City Council Ordinance No. 1558. Parkland dedication in lieu fees are,
at this time, based on 1989 dollars. The proposed 9 lot subdivision would be required to pay a Parkland
Dedication Fee of $15,743.81. Adjustments of this figure may be necessary at the time of fee payment if
the fair market value for parkland and associated improvements is adjusted in accordance with Section
15.38.045 of the Ordinance.
4. Conditions, Covenants and Restrictions (CC&R’s) shall be prepared and submitted with an application
for a Final Parcel Map. The CC&R’s shall include the following requirements and provisions:
a. The formation of a homeowner’s association (HOA).
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b. HOA responsibilities for ongoing maintenance of the shared or common facilities, including but
not limited to the common driveway, common entryways, common landscaping and irrigation,
fencing, subdivision infrastructure improvements (storm water and sanitary sewer facilities) and
exterior building and lighting improvements.
c. Restrictions and regulations imposed on each lot owner. The CC&R’s shall include provisions,
which restrict the use of the parking spaces to vehicle parking. Provisions to include access for
common areas as well as for maintenance of required improvements.
d. Requirements and provisions for professional management services or the services of a Certified
Public Accountant to oversee the HOA responsibilities and budget.
5. Prior to recordation of the final map, the CC&R’s shall be reviewed and approved by the Department
of Community Development and the City Attorney’s Office.
6. Approved CC&R’s shall be recorded concurrently with the final map.
The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting
held on the 9th day of October 2018
Moved by Commissioner _____________ and seconded by Commissioner ________________.
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
ATTEST: BY:
Paul A Jensen, Secretary Berenice Davidson, Chair