HomeMy WebLinkAboutPlanning Commission 2020-09-15 Agenda PacketAG ENDA
San Rafael Planning Commission
Regular Meeting
Tuesday, September 15, 2020, 7:00 P.M.
Virtual Meeting
(669) 900-9128
Meeting ID: 872-0645-4435#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Executive Order N-29-20, the City of San Rafael will no longer offer an in-
person meeting location for the public to attend. This meeting will be streamed through
YouTube Live at www.youtube.com/cityofsanrafael. Comments submitted via YouTube Live
must be submitted according to the directions located on the YouTube video description.
The City is not responsible for any interrupted service. To ensure the Planning Commission
receives your comments, submit written comments to the Alicia Giudice, Principal Planner
(alicia.giudice@cityofsanrafael.org), prior to the meeting. For more information regarding
real-time public comments, please visit our Live Commenting Pilot page at
https://www.cityofsanrafael.org/live-commenting-pilot/.
Want to listen to the meeting and comment in real-time over the phone? Call the telephone
number listed on this agenda and dial the Meeting ID when prompted. Feel free to contact
the City Clerk’s office at 415-485-3066 or by email to lindsay.lara@cityofsanrafael.org if you
have any questions.
Any member of the public who needs accommodations should contact the City Clerk (email
lindsay.lara@cityofsanrafael.org or phone at 415-485-3066) who will use their best efforts to
provide reasonable accommodations to provide as much accessibility as possible while also
maintaining public safety in accordance with the City procedure for resolving reasonable
accommodation requests.
Members of the public may speak on Agenda items.
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.Approval of the Planning Commission Meeting Minutes of August 11, 2020
Recommended Action – Approve as submitted
PUBLIC HEARING
2. 38 Upper Fremont
The applicant is requesting Environmental and Design Review for a new single-family
residence with 4 parking spaces on a vacant hillside lot. Parking will be provided using
mechanical parking unit located within the garage; APN: 012-041-48; Single-Family
Residential – Hillside Overlay (R5-H) Zoning District; Jeffrey Prose, owner/applicant;
File No.: ED18-082
Planner: Ali Giudice
Recommended Action – Adopt Resolution
OTHER AGENDA ITEMS
3. Progress Report on San Rafael General Plan 2040/Downtown Precise Plan
A progress report and update on General Plan 2040 and Downtown Precise Plan will be
presented to the Planning Commission. The report will include a recap of work
completed to date, outcome of the General Plan subcommittee work, organization of the
new plans, major draft policy changes that will be included in draft plans and upcoming
schedule/tasks anticipated for the upcoming release of the public review draft of the
Plans and associated Environmental Impact Report (EIR); Case Nos.: GPA16-001 &
P16-013.
Project Planners: Barry Miller and Raffi Boloyan
Recommended Action – Accept report
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
Any records relating to an agenda item, received by a majority or more of the Commission
less than 72 hours before the meeting, shall be available for inspection online. Sign Language
interpreters may be requested by calling (415) 485-3066 (voice), emailing
Lindsay.lara@cityofsanrafael.org or using the California Telecommunications Relay Service
by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are
available in accessible formats upon request.
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.
Minutes subject to approval at the meeting of September 15, 2020
San Rafael Planning Commission
Regular Meeting Minutes
Tuesday, August 11, 2020, 7:00 P.M.
Virtual Meeting
(669) 900-9128
Meeting ID: 872-0645-4435#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Executive Order N-29-20, the City of San Rafael will no longer offer an in-person
meeting location for the public to attend. This meeting will be streamed live throughYouTube.
Comments submitted via YouTube must be submitted according to the directions located on the
YouTube video description. The City is not responsible for any interrupted service. To ensure
the Planning Commission receives your comments, submitwritten comments to the Alicia
Giudice, Principal Planner (alicia.giudice@cityofsanrafael.org), prior to the meeting. For more
information regarding real-time public comments, please visit our Live Commenting Pilot page at
https://www.cityofsanrafael.org/live-commenting-pilot/.
Want to listen to the meeting and comment in real-time over the phone? Call the telephone
number listed on this agenda and dial the Meeting ID when prompted. Feel free to contact the
City Clerk’s office at 415-485-3066 or by email to lindsay.lara@cityofsanrafael.org if you have
any questions.
Any member of the public who needs accommodations should contact the City Clerk (email
lindsay.lara@cityofsanrafael.org or phone at 415-485-3066) who will use their best efforts to
provide reasonable accommodations to provide as much accessibility as possible while also
maintaining public safety in accordance with the City procedure for resolving reasonable
accommodation requests.
Present: Chair Mercado
Commissioner Davidson
Commissioner Hill
Commissioner Lubamersky
Commissioner Previtali
Commissioner Samudzi
Commissioner Saude
Absent: None
Also Present: Raffi Boloyan, Planning Manager
Alicia Giudice, Principal Planner
Ethan Guy, Principal Analyst
CALL TO ORDER
Chair Mercado called the meeting to order at 7:01 p.m., invited Principal Planner Alicia Giudice
to call the roll and welcomed one new Commissioner Hill to his first meeting as Planning
Commissioner.
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
None.
PUBLIC NOTIFICATION OF MEETING PROCEDURES
Chair Mercado invited Planning Manager Raffi Boloyan who informed the community the
meeting would be streamed live to YouTube and members of the public would provide public
comment either on the telephone or through YouTube live chat. He explained the process for
community participation through the telephone and on YouTube.
Chair Mercado reviewed the procedures for the meeting.
URGENT COMMUNICATION
None.
CONSENT CALENDAR
Commissioner Lubamersky moved and Commissioner Davidson seconded to approve the
Consent Calendar.
Chair Mercado invited public comment; however, there was none.
1. Approval of the Planning Commission Meeting Minutes of July 28, 2020
Minutes approved as submitted
AYES: Commissioners: Davidson, Lubamersky, Previtali, Samudzi, Saude & Chair
Mercado
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: Hill
Motion carried 6-0
PUBLIC HEARING
2. Informational Report on Changes to Housing Regulations and Processes
Informational Report Outlining Potential Changes to the City of San Rafael’s Municipal Code
related to Inclusionary Housing Requirements, Density Bonus, Appeals process, and Other
Amendments to Encourage Development and Streamline Approvals, Including Changes
Related to the Design Review Board Membership and Procedures. File No.: P18-010/ZA20-
001.
Ethan Guy, Principal Analyst and Alicia Giudice, Principal Planner presented the staff
report.
Staff responded to questions from the Commissioners.
Chair Mercado declared the public hearing opened.
Speakers: Bill Carney, Sustainable San Rafael, Joanne Webster, San Rafael Chamber
of Commerce
Staff outlined the different topic areas for feedback. Commissioners provided comments.
Staff responded to questions from the Commissioners.
The Planning Commission provided feedback that included general support for updated the
density bonus regulations to align with State Density Bonus Law, general support for the
proposed Zoning Amendments related to hillside exceptions, small lots, height bonus, and
appeals. Feedback was provided related to inclusionary housing supporting staff’s
recommendations allowing an in-lieu fee and any policy changes necessary to encourage
housing development, policy designs that provide flexibility to the developer to meet
inclusionary requirements, recommended further information related to the equity
implications and how the Trust Fund supports those goals. The Commissioners expressed
the understanding that the fees provide necessary funding to create and maintain affordable
housing and expressed the importance of adequately funding rental and ownership
affordable housing, and to the options report on inclusionary housing.
Regarding the proposed changes to the structure of the Design Review Board (DRB), the
Commissioners provided feedback expressing concerns regarding taking away the public
process with a transition to a DRB subcommittee and not having a full board for larger
projects. Some commissioners recommended the option of tiering the DRB with reviews by
a full board for larger projects, reviews by the subcommittee for smaller project and making
certain smaller projects staff level review, and all Commissioners agreed that a less formal
process was a good approach as long as there was opportunity for public input as part of the
process
Commissioner Previtali moved and Commissioner Davidson seconded to accept the report
as provided.
AYES: Commissioners: Davidson, Hill, Lubamersky, Previtali, Samudzi, Saude &
Chair Mercado
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
Motion carried 7-0
DIRECTOR’S REPORT
Planning Manager Boloyan provided updates on the following items:
• Future Planning Commission agenda items
• Public Safety Center
• Retirement of Anne Derrick, Administrative Assistant
• Small cell antenna facilities
COMMISSION COMMUNICATION
Staff responded to request for an update on the Seagate Housing Project. Commissioner Hill
recused himself from participating in the future agenda item regarding 38 Upper Fremont. Chair
Mercado welcomed new Commissioner Hill to the Planning Commission. Commissioner Hill
expressed his gratitude for his welcome. Commissioner Previtali spoke on 5G cell towers.
ADJOURNMENT
Chair Mercado adjourned the meeting at 9:59 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2020
_____________________________________
ALDO MERCADO, Chair
Community Development Department – Planning
Division
Meeting Date: September 15, 2020
Agenda Item: 2
Case Numbers: ED18-082
Project Planner:
Ali Giudice
(415)485-3092
REPORT TO PLANNING COMMISSION
SUBJECT: 38 Upper Fremont Dr. – Request for an Environmental and Design Review for a new
single-family residence with 4 parking spaces on a vacant hillside lot. Parking will be provided using
mechanical parking unit located within the garage; APN: 012-041-48; Single-Family Residential –
Hillside Overlay (R5-H) Zoning District; Jeffrey Prose, owner/applicant; File No.: ED18-082
EXECUTIVE SUMMARY
The City has received an application for an Environmental and Design Review Permit for construction
of a new two-story single-family residence on a hillside lot located in the West End Neighborhood. The
site is currently vacant and has not been previously developed. The new residence will be approximately
1,710 sq. ft. plus a 614 sq. ft. below grade garage/storage and entry space.
The project site has a General Plan Land Use of Low Density Residential (LDR) which is typical of
single-family areas and is located within a Single-Family Residential District (R5) which allows for single-
family residences by-right. In addition to the base Zoning District requirements, the project is also
subject to the requirements of the Hillside Development Overlay District due to the average slope of the
lot being greater than 25 percent.
The project was reviewed by a subcommittee of the Design Review Board (DRB) on July 7, 2020. The
subcommittee evaluated the design of the project and voted unanimously (2-0), recommending
approval of the project design to the Planning Commission subject to conditions.
Staff has evaluated the proposed project and supporting documents to determine consistency with the
California Environmental Quality Act (CEQA), City of San Rafael General Plan, Zoning Ordinance, and
applicable design guidelines. Based on staff’s review and recommendations provided by the Design
Review Board, it is recommended that the Planning Commission approve the project, subject to
conditions provided herein.
RECOMMENDATION
It is recommended that the Planning Commission adopt the attached Draft Resolution (Exhibit 2)
approving an Environmental and Design Review Permit for a new approximately 1,700 sq. ft. single-
family residence on a hillside lot.
PROPERTY FACTS
Address: 38 Upper Fremont Drive Parcel Number(s): 012-041-48
Property Size: 6,865 sq. ft. Neighborhood: West End
REPORT TO PLANNING COMMISSION – 38 UPPER FREMONT DR PAGE 2
Site Characteristics
General Plan Designation Zoning Designation Existing Land-Use
Project Site: Low Density Residential R5 Zoning District Vacant
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
Site Description/Setting:
The project site is located along Upper Fremont Drive in the West End neighborhood which is
characterized by single-family homes, apartments, and commercial uses including Miracle Mile. Second
Street and local roads within the neighborhood provide access to the site. Upper Fremont Drive is a
narrow and steeply sloped drive with multiple sharp turns that limit visibility of vehicles traveling along
the street.
The lot is triangular shaped with street frontage on three sides. The lot has an average slope of 56.5
percent. Pursuant to Section 14.12.020(B) of the San Rafael Municipal Code (SRMC), lots within the
City that have an average slope of 25 percent or greater are subject to the regulations of the Hillside
Development Overlay designation in addition to the base zoning. The site contains a number of trees
of varying sizes and species, some of which will be removed due to poor health as well as to
accommodate the proposed project. An existing 10-foot wide sewer easement is located along the
northern portion of the project site, a portion of which is located on the neighboring property to the
northwest. Existing development in the surrounding area consists of two-story homes with varied
architectural styles.
BACKGROUND
The project site is currently vacant and has not previously been developed. In January 2008, prior
owners of the property applied for a Lot Merger, Environmental and Design Review Permit, and
Exception to develop a single-family residence on the property. The project was deemed incomplete by
City staff in February 2008, and due to inactivity on the incompleteness items, the project was
automatically withdrawn by the City in November 2009. No further action on the project was taken.
In 2018, an application for a Conceptual Design Review was applied for as required by Section
14.25.030(B) of the SRMC, prior to submittal of a formal application. The Conceptual Design Review
was reviewed by the Design Review Board on December 4, 2018. The purpose of conceptual design
review is to provide both the Design Review Board and the applicant with an opportunity to discuss a
conceptual project design and allows the applicant and City staff to solicit feedback from the Board on
relevant issues and the appropriateness of the design approach. Following review of the concept design
by the Board, the applicant submitted a formal application for the project including an Environmental
and Design Review Permit, Exception, and Accessory Dwelling Unit. The exception requested was for
a reduction in the required natural state requirements. However, following formal submittal the applicant
withdrew the application for the Exception and Accessory Dwelling Unit.
Subsequent to the 2018 DRB review of the concept plan, the applicant submitted a several iterations of
the project each time responding to staff and neighbor concerns. On June 25, 2020, the applicant
submitted the most recent proposed design.
On July 7, 2020 the project was reviewed by a subcommittee of the Design Review Board. The
subcommittee has been used as an alternative to the full Board since mid March in response to the
COVID-19 shelter in-place order. On July 7, 2020, the DRB subcommittee reviewed the project and
recommended approval. See the DRB review section below.
REPORT TO PLANNING COMMISSION – 38 UPPER FREMONT DR PAGE 3
PROJECT DESCRIPTION
The applicant is seeking approval from the Planning Commission for an Environmental and Design
Review Permit to develop a two-story approximately 1,710 sq. ft. single-family residence on a vacant
hillside lot in the West End neighborhood. The residence also includes a 614 sq. ft. basement level
storage, entry space and garage with a vehicle stacker pit, accommodating up to four vehicles. The
total gross floor area of the proposed structure, as defined by the Hillside Guideline is 2,324 sq. ft.
Required Entitlements:
Environmental and Design Review. Pursuant to Section 14.25.040, major physical improvements,
including new construction on a vacant property requires approval by the Planning Commission. The
proposed development includes the construction of a new single-family residence on a vacant lot and
is therefore subject to review and approval by the Planning Commission.
Site and Use Description:
Use. The project proposes to construct a single-family residence with garage and mechanical parking
unit on a vacant lot zoned for single-family residential uses (R5-H).
Site Plan. The residence will be situated on the down sloping portion of the lot with access provided
from Upper Fremont Drive at the eastern property line. The paved driveway will provide access to the
four car stacked garage, located at the basement level of the structure. The structure will be setback
approximate 17-feet 7-inches from the northern property line, 5-feet 3/4-inches from the eastern
property line, 38-feet 4-inches from the southern property line, and 24-feet 6-inches from the western
property line. The structure will be approximately 20-feet in height with a gross floor area of 1,710 sq.
ft. plus a 614 sq. ft. garage/storage and entryway
Parking and Circulation. Chapter 14.18 of the San Rafael Municipal Code requires two off-street
parking spaces for single-family residences. In addition, single-family residences on a hillside lot where
the street is less than 26 feet wide are required to provide two additional off-street parking spaces for a
total of four. Upper Fremont Drive is less than 26 feet wide, and therefore the proposed project is
required to provide a minimum of four off-street parking spaces. As previously stated, the proposed
basement level garage can accommodate up to four vehicles through the use of a stacked car park.
Architecture. The proposed residence is designed in a modern architectural style with terraced building
planes and a gabled roof that follows the slope of the lot. An uncovered deck is provided on the second
floor of the east elevation and serves to break up the massing of the structure. Proposed materials
include dark colored artisan shiplap siding at the first and second floors with board formed concrete at
the base of the structure. W ood guardrails are proposed at the uncovered deck, and solar panels are
proposed on the rooftop. Floor to ceiling windows are located at the east and west elevations and
provide visual interest through variation of materials.
Landscaping. The project proposes removal of five trees in order to accommodate the new residence
as well as the presence of dead/dying trees. All remaining trees onsite will be retained. Due to the
wooded nature of the site there is minimal area to provide additional landscaping. The applicant has
proposed 3 trees (madrone and dogwood) and will be required to provide a 4th tree to address Design
Review Board recommendations.
Grading/Drainage. The proposed project includes a basement level garage, which will require export
of materials from the site. As conditioned, the project will be required to provide cut and fill amounts for
review by the City’s Department of Public Works. Due to the increase in impervious surfaces as
compared to existing conditions, the project is also required to prepare a Stormwater Control Plan in
compliance with the Marin County Stormwater Pollution Prevention Program (MCSTOPPP). As
proposed, the project will provide a 575 gallon cistern to accommodate stormwater onsite in compliance
with low impact design criteria requirements.
REPORT TO PLANNING COMMISSION – 38 UPPER FREMONT DR PAGE 4
ANALYSIS
San Rafael General Plan 2020 Consistency:
The site has a General Plan designation of Low Density Residential (LDR) which allows for the
establishment of residential uses as well as open space areas, parks, schools, and other public/quasi-
public uses that support surrounding residential uses. The General Plan includes policies and programs
that are relevant to the site and the project. As proposed, the project is consistent with the General Plan
2020, including policies and programs identified in the following elements: Land Use, Housing,
Neighborhoods, Community Design, Circulation, Sustainability, Safety, Noise, and Conservation. An
analysis of key policies is discussed in further detail below. A complete analysis of all applicable policies
and programs is included in the attached General Plan Consistency Table (Exhibit 4).
Land Use Policies
The proposed single-family residence is consistent with the allowable land uses and densities set forth
for the Low Density Residential land use category.
Housing Policies
General Plan policy H-2 states that new housing on existing properties can add to the overall value of
the neighborhood. As such, new residences and site improvements should be designed to fit in with the
established character of the neighborhood. The project incorporates terraces, varied rooflines, and
building stepbacks which break up the massing of the structure and blend in with the natural grade of
the hillside. Existing residences in the West End neighborhood and specifically along Upper Fremont
Drive feature varied architectural styles and building setbacks. Proposed colors and materials are
designed to blend with the sites natural wooded setting. The proposed building is consistent with hillside
development standards and guidelines and fits in with the established character of the neighborhood.
Neighborhoods Policies
Similar to General Plan policy H-2, policy NH-2 reinforces the preservation, enhancement, and
maintenance of existing residential neighborhoods. Policy NH-2 further articulates that new
development should enhance neighborhood image and quality of life by incorporating height and
setback transitions that respect adjacent development, respect existing natural features, maintain or
enhance infrastructure service needs, and provide adequate parking.
The project site is an oddly shaped, steeply sloped and challenging site. The proposed design is sited
with access on the downslope side of the lot incorporates stepbacks and respects the character and
privacy of adjacent properties. The existing residence located east of the proposed project site across
Upper Fremont Drive is the most proximate structure to the proposed residence. Though the proposed
residence includes windows and an uncovered deck along the east elevation, existing trees at this
location will be retained that respect the privacy of the existing residence.
Upper Fremont Drive is a substandard road located within the City. Though the road is substandard,
the lot is a legal lot of record and the proposed development is a permitted use by-right and as
conditioned will be required to pave a portion of the unimproved Upper Fremont Drive at the property
frontage. In addition, the project is conditioned to pay a traffic mitigation fee and construction vehicle
impact fee.
As previously discussed, the proposed project requires a minimum of four off-street vehicular parking
spaces. As proposed, a basement level garage with stacked parking will be provided. Though not a
common form of parking, given site constraints, the proposed vehicle stacking system would provide
for adequate parking onsite. Furthermore, General Plan policy C-29c allows for stackable parking where
feasible. The proposed parking has been reviewed by the City and as conditioned, will be required to
design the stackable system to accommodate a standard vehicle size.
REPORT TO PLANNING COMMISSION – 38 UPPER FREMONT DR PAGE 5
Community Design Policies
General Plan policy CD-1c (Landscape Improvement) recognizes the importance of landscaping in site
design as it provides visual interest that fosters a sense of the natural environment in new development.
The site currently contains multiple mature trees, the majority of which will be retained onsite. The San
Rafael Hillside Design Guidelines require tree replacement at a ratio of 3:1, unless an exception is
allowed by the Design Review Board when site conditions warrant. The project proposes to remove five
trees, which would require 15 replacement trees onsite. However, given the size of the lot as well as
existing trees onsite, this replacement ratio is not practical, and trees replanted onsite at this ratio would
not likely survive. During the Conceptual Design Review the applicant was given feedback regarding
the replacement ratios and was asked to focus on quality rather than quantity. Prior to issuance of a
building permit the applicant will be required to provide an updated landscape plan that shows
replacement with 4 new trees.
Circulation Policies
As briefly discussed above, General Plan policy C-29c allows for innovative parking solutions such as
stackable parking systems, where feasible. Steep slopes, existing trees, and easements all contribute
to the highly constrained nature of the site. The project initially proposed two off-street parking spaces
adjacent to Upper Fremont Drive, which was determined to be infeasible and presented safety hazards
given the substandard nature of Upper Fremont Drive. Additionally, the applicant requested an
exception to the required parking, however, the exception was withdrawn due to lack of support from
the surrounding neighbors as well as the Design Review Board. As such, the proposed stacked parking
represents an innovative approach to providing the required off-street parking, consistent with this
General Plan policy.
Zoning Ordinance Consistency:
The project has been reviewed for consistency with the San Rafael Zoning Ordinance including site
development standards, parking, and applicable design review findings. An analysis of the project’s
consistency with applicable regulations is included below.
Development Standards
The project meets all applicable development standards for the R5 Zoning District as provided in Section
14.04.030 of the SRMC including setbacks, building height, lot coverage, and parking. Furthermore, the
project is consistent with the requirements of the Hillside Development Overlay District including
building stepbacks, natural state, gross building square footage and driveway requirements. Specific
development standards are discussed further below.
Setbacks
The R5 Zoning District requires minimum front yard setback of 15 feet, rear yard setback of 10 feet, and
side yard setbacks of 5 feet. As proposed the project meets the minimum setback requirements of the
R5 Zoning District.
Building height
Section 14.04.030 of the SRMC establish a 30-foot height limit in the R5 Zoning District. In addition to
the base height of 30-feet, Section 14.12.030 establishes that lots subject to the Hillside Development
Overlay District shall observe a maximum 20 foot height limit on any downhill slope as measured from
existing grade where any single wall plane shall not exceed 20 feet unless a five foot stepback is
provided. As proposed, the project provides stepbacks to ensure building planes do not exceed 20 feet.
Lot Coverage and Natural State
Section 14.04.030 of the SRMC establishes a maximum 40 percent lot coverage. The project site is
6,865 sq. ft., and as such has a maximum lot coverage of 2,746 sq. ft. In addition to lot coverage
requirements, the project is also subject to natural state requirements established by Section
14.12.030(C) of the SRMC which requires a minimum of 25 percent plus the average slope figure of
the lot, not to exceed 85 percent. The project site has an average slope of 56.5 percent, and therefore
REPORT TO PLANNING COMMISSION – 38 UPPER FREMONT DR PAGE 6
has a natural state requirement of 81.5 percent (5,595 sq. ft.), allowing up to 1,270 sq. ft. for project
development. As proposed, the project footprint will be 1,267 sq. ft.. As such, the project is consistent
with both lot coverage and natural state requirements.
Parking
As described above, the project proposes to provide four off-street parking spaces consistent with
Chapter 14.18 of the SRMC. The project has been reviewed by the Department of Public Works to
determine compliance with parking facility dimensions, and adequacy of access to the public right-of-
way.
Site and Use Regulations
The project meets all applicable site and use regulations as provided in Chapter 14.16 of the SRMC as
discussed in detail below.
Refuse Enclosure - The refuse enclosure will be located within an enclosed area and will be adequately
screened from view. Refuse collection will be provided by the local collection agency consistent with
similar single-family uses in the City.
Light and Glare - As specified in Section 14.16.227 colors, materials, and lighting shall be designed to
avoid light and glare impacts on surrounding development. Proposed colors and materials are designed
to blend with the natural environment. As conditioned, lighting on the project site will be subject to
requirements of this section of the SRMC.
Sight Distance - The SRMC requires that fencing, vegetation and improvements be established and
maintained in a manner that does not reduce visibility for the safe ingress and egress of vehicles or
pedestrians within a required vision triangle, which is 15 feet from the curb return at any intersection or
driveway. Any improvements or vegetation located within the established vision triangle must not
exceed a height of three feet. As conditioned, the project will meet the sight distance requirements.
Water Efficient Landscaping - As specified in Section 14.16.370(C)(1) of the SRMC, project approval is
subject to conditions which require the applicant to provide written verification of plan approval from the
Marin Municipal Water District (MMWD) prior to the issuance of a building permit or grading permit. As
such, the project will comply with this requirement of the SRMC.
Environmental and Design Review Permit Findings
The proposed project is consistent with the required findings set forth in Section 14.25.090 of the SRMC.
A detailed analysis of staff findings is contained in the draft resolution set forth in Exhibit 2.
A. That the project design is in accord with the general plan, the objectives of the zoning ordinance
and the purposes of this chapter;
B. That the project design is consistent with all applicable site, architecture and landscaping design
criteria and guidelines for the district in which the site is located;
C. That the project design minimizes adverse environmental impacts; and
D. 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.
DESIGN REVIEW BOARD RECOMMENDATION
The project received Conceptual Design Review on December 4, 2018 and subsequently as a Formal
Design Review on July 7, 2020.
REPORT TO PLANNING COMMISSION – 38 UPPER FREMONT DR PAGE 7
The December 2018 meeting was a meeting in front of the full board. The conceptual design review
board comments included the following:
• Overall the project is a well-designed project
• Project needs to comply with the hillside development standards and guidelines rather than seek
exemptions. It would be difficult for the Board to support exemptions to the hillside development
standards.
• 30’-tall exterior downslope wall along Fremont Dr. should be avoided.
• Size of residence is likely too large. Need more efficient design of floor plans and interior space.
• Parking needs to be reworked and maybe increased to provide parking for the proposed
accessory dwelling unit.
• Use of exterior materials needs greater cohesion.
• Plans should be cleaned up to reduce unnecessary details and less clutter. Cross-sections
should expand to include the full roadway width and exterior walls of adjacent structures.
Consider creating a 3D model for the project.
The DRB Subcommittee reviewed the formal application on July 7, 2020. It should be noted that due to
shelter in place orders issued by the State of California and Marin County during the COVID-19
pandemic of this year, the City adopted a policy statement delegating Design Review Board
recommendations to a sub-committee comprised of two members. The policy statement is intended to
avoid the need for physical in-person hearings while still allowing entitlement applications to move
forward with the review process.
On July 7, 2020, the Design Review Board Subcommittee (Members Summers and Kent serving as
subcommittee) reviewed the formal application and recognized the improvements that were made to
the design of the residence following their Conceptual Design Review comments, including a reduction
in building floor area, a reduction in building height and the incorporation of two guest parking spaces
via a mechanical unit. The DRB subcommittee noted that this a difficult site and that the applicants had
done a good job at addressing concerns expressed during the conceptual design review phase. The
DRB subcommittee unanimously recommended approval of the project design, subject to conditions of
approval. The following comments were provided by the DRB subcommittee. These comments have
been incorporated as conditions of approval, contained in Exhibit 2.
• The applicant provided thoughtful design changes since conceptual review on a challenging
site; contemporary design works well;
• Continue to work on the civil drawings to meet stormwater drainage requirements which may
require bioretention areas;
• Since the roadway wraps around the site and the site itself is relatively small in size, the applicant
is encouraged to explore highlighting the limited landscaping;
• The applicant is encouraged to add another tree to the right of the driveway, in front of the new
residence, to match the other new trees (western redbud or dogwood).
ENVIRONMENTAL DETERMINATION
Staff conducted a preliminary review of the project application and supportive documents and
determined that the application is defined as a project under CEQA, pursuant to CEQA Guidelines
Section 15060. A project is exempt from CEQA if it qualifies for a Categorical Exemption under Article
19, Section 15300. Given the project scope, staff recommends that the project qualifies for a Class 3
exemption under CEQA Guidelines Section 15303, which exempts construction of one single-family
residence in a residential zone. As such, no further environmental review is required.
REPORT TO PLANNING COMMISSION – 38 UPPER FREMONT DR PAGE 8
NEIGHBORHOOD MEETING / CORRESPONDENCE
Notice of this public hearing for the project was conducted in accordance with noticing requirements
contained in Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property
owners and occupants within a 300-foot radius of the subject site and all other interested parties, 15
calendar days prior to the date of all meetings, including this hearing. Public notice was also posted on
the subject site 15 calendar days prior to the date of this meeting.
Public comments have been received during both the conceptual review and formal review of this
project and are attached as Exhibit 4. The following is a list of topics of concerns raised and staff’s
response:
Proposed mechanical parking: General Plan policy C-29c allows for innovative parking solutions such
as stackable parking systems, where feasible. Given the site shape and topography and setting, a
mechanical stacked parking solution is an appropriate design as long as it is design in collaboration
with a geotechnical and structural engineer. The applicant will need to submit a updated and final
Geotech report as part of the building permit submittal documents. This report will need to be peer
reviewed by the City’s land use engineer. In addition, the applicant will be required to submit structural
plans that align with the recommendations in the Geotech report.
Floor plan design and egress: The floor layout is not normally part of the DRB or staff review.
Comments related to egress were discussed with the Building Official. The Building Official did not
express a concern regarding the single access door. Additional egress points are required at the
bedrooms usually in the form of windows, which the applicant has provided. The front entry was
discussed members of the DRB. The DRB felt comfortable with the proposed access given the bright
orange variation in color guiding guest toward the front of the residence.
Adequacy of the geotechnical investigation: The applicant provided preliminary geotechnical reports
that were prepared for prior projects on this site. The City engineer has reviewed these reports and has
provided a recommended condition of approval requiring an updated report that complies with General
Plan Policy S-4. Geotechnical Review which requires submittal of a final Geotech report that includes
subsurface exploration and provides recommendations for optimum design for structures, the
advisability of special structural requirements. This report would need to be submitted along with
structural plans at building permit submittal.
Access to the site during construction and construction staging: Prior to building permit issuance
the applicant will be required to submit a construction management plan that includes project
scheduling, construction staging, access routes, and notifications schedules.
Fire Department Access: The fire department has reviewed the proposed project and has recognized
that access to this site is difficult. The applicant will need to ensure that materials comply with fire
standards for sites located in the Wildland Urban Interface area
Copies of all written public correspondence on the proposed project received to date are attached to
this report as Exhibit 4. Any comments received after the completion of this report (Wed 9/9/20) will be
forwarded to the Commission under separate cover. Response to other comments regarding CEQA,
lighting, and privacy are embedded into this report.
OPTIONS
The Planning Commission has the following options:
REPORT TO PLANNING COMMISSION – 38 UPPER FREMONT DR PAGE 9
1. Approve the application as presented, subject to conditions of approval (staff recommendation)
2. Approve the application 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
4. Deny the project and direct staff to return with a revised Resolution of denial
EXHIBITS
1. Vicinity/Location Map
2. Draft Resolution recommending approval of the Environmental and Design Review Permit
3. General Plan 2020 Consistency Table
4. Public Correspondence
Plans – Can be viewed on line at https://www.cityofsanrafael.org/major-planning-projects/ or by clicking
here
EXHIBIT 2
RESOLUTION NO. 20-
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING AN
ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED18-082) FOR A NEW TWO-
STORY APPROXIMATELY 1,709 SQUARE FOOT SINGLE-FAMILY RESIDENCE ON
A VACANT LOT AT 38 UPPER FREMONT DRIVE
APN: 012-041-48
WHEREAS, the City of San Rafael has received an application for an Environmental and Design
Review Permit, for a new single-family residence on a vacant lot in the Single Family Residential (R5)
Zoning District; and
WHEREAS, on December 4, 2018 the project received Conceptual Design Review by the City of
San Rafael Design Review Board pursuant to Section 14.25.030(B) of the San Rafael Municipal Code; and
WHEREAS, in response to Shelter in Place Orders issued by the State of California and Marin
County associated with COVID-19, the City Manager authorized an interim review process for projects
subject to review by the City of San Rafael Design Review Board through issuance of a Policy Statement,
signed on April 1, 2020; and
WHEREAS, on July 7, 2020 the project received Formal Design Review by a subcommittee of
the City of San Rafael Design Review Board (Members Summer and Kent) consistent with the Policy
Statement described above and the subcommittee unanimously recommended approval of the design by a
vote of 2-0 to the Planning Commission; and
WHEREAS, on July 7, 2020, the San Rafael Planning Commission held a duly noticed public
hearing on the proposed Environmental and Design Review Permits (ED18-082), accepting all oral and
written public testimony and the written report of the Community Development Department staff; and
WHEREAS, upon review of the application, the Planning Commission finds that the project is
exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section
15303 of the CEQA Guidelines because it involves construction of a new single-family residence in a
residential zone
NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following
findings relating to the Environmental and Design Review Permit (ED18-082)
ENVIRONMENTAL AND DESIGN REVIEW FINDINGS
(ED18-082)
A. That the project design is in accord with the general plan, the objectives of the zoning ordinance
and the purposes of this chapter:
The project site is designated as Low Density Residential (LDR) on the General Plan 2020 Land Use
Map and is within the Single Family Residential (R5) Zoning District with a Hillside Development
Overlay. Single family residences are permitted by-right in the R5 Zoning District. The project is
consistent with the following design-related General Plan polices:
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Housing Element Policy H-2 (Neighborhood Context) states that new housing on existing properties
can add to the overall value of the neighborhood. As such, new residences and site improvements should
be designed to fit in with the established character of the neighborhood. The project incorporates
terraces, varied rooflines, and building stepbacks which break up the massing of the structure and blend
in with the natural grade of the hillside. Existing residences in the West End neighborhood and
specifically along Upper Fremont Drive feature varied architectural styles and building setbacks.
Proposed colors and materials are designed to blend with the sites natural wooded setting. The entry to
the building is provided by well-defined stair access and features windows and decks that provide
visibility to the street on all sides. The proposed building is consistent with hillside development
standards and guidelines and fits in with the established character of the neighborhood. As such, the
project is consistent with this General Plan policy.
Neighborhoods Policy NH-2 (New Development in Residential Neighborhoods) seeks to the
preserve, enhance, and maintain the character of existing residential neighborhoods. Policy NH-2
further articulates that new development should enhance neighborhood image and quality of life by
incorporating height and setback transitions that respect adjacent development, respect existing natural
features, maintain or enhance infrastructure service needs, and provide adequate parking.
The structure is sited to blend in with the natural hillside and respects the character and privacy of
adjacent properties. The existing residence located east of the proposed project site across Upper
Fremont Drive is the most proximate structure to the proposed residence. Though the proposed
residence includes windows and an uncovered deck along the east elevation, existing trees along Upper
Fremont Drive will be retained that screen the new structure from the existing residence, which respects
the privacy of the adjacent residence.
Upper Fremont Drive is a substandard road located within the City. Though the road is substandard,
the proposed development is a permitted use by-right and as conditioned will be required to pave a
portion of the unimproved Upper Fremont Drive to provide a vehicular turnaround at the intersection
with the private portion of Upper Fremont Drive which would accommodate larger vehicles, such as
parcel delivery or garbage trucks. Furthermore, the project is conditioned to pay a traffic mitigation fee
and construction vehicle impact fee.
As previously discussed, the proposed project requires a minimum of four off-street vehicular parking
spaces. As proposed, a basement level garage with stacked parking will be provided. Though not a
common form of parking, given site constraints, the proposed vehicle stacking system would provide
for adequate parking onsite. Furthermore, General Plan policy C-29c (Innovative Off-Street Parking)
allows for stackable parking where feasible. The proposed parking has been reviewed by the City and
as conditioned, will be required to design the stackable system to accommodate a standard vehicle size.
As such, the project is consistent with this General Plan policy as it is designed to enhance
neighborhood image and quality of life by incorporating height and setback transitions that respect
adjacent development, respect existing natural features, maintain or enhance infrastructure service
needs, and provide adequate parking.
Neighborhoods Policy NH-4b (Design Review Conditions of Approval) requires that approval of a
design review permit include language requiring owners maintain landscaping in good condition. The
City imposes standard conditions of approval related to maintaining landscaping, and as such, the
project as conditioned is consistent with this General Plan policy.
Community Design Policy CD-1c (Landscape Improvement) recognizes that landscaping is a
critical design component of new developments and encourages maximum use of available landscape
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area to create visual interest and foster a sense of the natural environment. The site currently contains
multiple mature trees, the majority of which will be retained onsite. The San Rafael Hillside Design
Guidelines require tree replacement at a ratio of 3:1, unless an exception is allowed by the Design
Review Board when site conditions warrant. The project proposes to remove five trees, which would
require 15 replacement trees onsite. However, given the size of the lot as well as existing trees onsite,
this replacement ratio is not practical, and trees replanted onsite at this ratio would not likely survive.
As conditioned, the project will include four (4) new replacement trees onsite. As such, the project is
consistent with this General Plan policy.
Community Design Policy CD-3 (Neighborhoods) seeks to recognize, preserve, and enhance the
positive qualities that give neighborhoods their unique identities, while also allowing flexibility for
innovative design. The proposed project is located on a hillside lot that is highly constrained due to
topography, onsite trees, and an exiting onsite easement. The proposed residence has been designed to
blend with existing natural features and is compatible with surrounding residences located along Upper
Fremont Drive. As such, the project is consistent with this General Plan policy.
Community Design Policy CD-6a (Hillside Design Guidelines) requires implementation of hillside
design guidelines through the design review process. The project has been reviewed by the Design
Review Board for consistency with applicable hillside design guidelines and found to be consistent. As
such, the project is consistent with this General Plan policy.
B. That the project design is consistent with all applicable site, architecture and landscaping design
criteria and guidelines for the district in which the site is located:
The Design Review Board (Board) evaluated the design of the project on December 8, 2018, as part of
conceptual design review and on July 7, 2020 as part of a formal design review. The Design Review
Board Subcommittee (Members Summers and Kent) unanimously found that the project was
appropriate in design (2-0) and recommended approval of the project design to the Planning
Commission, subject to conditions of approval.
C. That the project design minimizes adverse environmental impacts:
Staff conducted a preliminary review of the project application and supportive documents and
determined that the application is defined as a project under CEQA, pursuant to CEQA Guidelines
Section 15060. A project is exempt from CEQA if it qualifies for a Categorical Exemption under Article
19, Section 15300. Given the project scope, staff recommends that the project qualifies for a Class 3
exemption under CEQA Guidelines Section 15303, which exempts construction of one single-family
residence in a residential zone. As such, no further environmental review is required.
D. 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.
The project has been reviewed by the appropriate agencies and conditions of approval have been
incorporated to ensure the project will not be detrimental to the public health, safety, or welfare, nor
materially injurious to properties or improvements in the project vicinity.
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NOW THEREFORE BE IT FURTHER RESOLVED, the Planning Commission approved the
Environmental and Design Review Permit (ED18-082) subject to the following conditions of approval:
ENVIRONMENTAL AND DESIGN REVIEW (ED18-082)
CONDITIONS OF APPROVAL
1. This Environmental and Design Review Permit approves a two-story approximately 1,710 square foot
single family residence with a 614 square foot below grade level garage/storage and entry on a vacant
lot located within the Single Family Residential (R5) Zoning District with a Hillside Development
Overlay designation. Plans submitted for building permit shall be in substantial conformance to the
plans approved September 15, 2020 with regard to building techniques, materials, elevations, and
overall project appearance except as modified by these conditions of approval.
2. This Design Review Permit (ED18-082) shall be valid for two (2) years from approval or until
September 15, 2022, and shall be null and void if a building permit is not issued or a time extension
granted prior to the expiration date.
3. Prior to issuance of a grading or building permit, the applicant shall submit and updated geotechnical
investigation report that complies with the requirements of the City of San Rafael General Plan 2020
Appendix F. More specifically, to review the engineering aspects of the proposed site including size
and type of structures and magnitude and extent of grading. The discussion shall address foundation
types for proposed structures, retaining systems, grading considerations, stability of cut slopes and
constructed embankments, settlement of the site and adjacent sites due to existing conditions, proposed
construction, and proposed surface and subsurface drainage facilities. The geotechnical report shall be
peer reviewed by a City retained Geotechnical consultant, at the owner’s expense.
4. Prior to issuance of building permit, the applicant shall pay the required sewer connection fees.
5. Prior to issuance of building permit, the applicant shall demonstrate compliance with requirements of
the San Rafael Sanitation District. The following shall be required:
a. All sewer related work shall be performed in accordance with San Rafael Sanitation District
Standards.
b. Plans shall demonstrate that no permanent structures will be constructed over the Sanitary
Sewer Easement.
c. The applicant shall be responsible for relocating any existing sewer lines located on the
property to the satisfaction of the San Rafael Sanitation District.
6. Prior to commencement of grading activities, notification shall be provided to property owners and
occupants within 300 feet of the site.
7. The applicant shall be subject to a 90-day post construction lighting inspection.
8. Prior to issuance of a building permit, a construction management plan shall be submitted to the City
of San Rafael for review and approval by the Planning Division and Department of Public Works. The
construction management plan should, at a minimum, outline parking areas for tradesmen, location of
temporary power poles, loading/unloading areas, site storage, dumpsters, and toilets during
construction. Should there be any anticipated road closures the scope of work causing the closure should
be identified. A monthly updates shall be provided to the adjacent neighbors within 300 feet and all
properties past the site with access from Upper Fremont Dr (even if outside 300 feet), and the
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Neighborhood Association, once the building permit has been issued and the City of San Rafael
Community Development Department and Public Works Department
9. In the event that any archaeological features, such as concentrations of artifacts or culturally modified
soil deposits including trash pits older than fifty years of age, are discovered at any time during grading,
scraping, or excavation within the property, all work shall be halted in the vicinity of the find, the
Planning Division shall be notified, and a qualified archaeologist shall be contacted immediately to
make an evaluation. If warranted by the concentration of artifacts or soils deposits, an archaeologist
shall monitor further work in the discovery area.
10. If human remains are encountered during grading and construction, all work shall stop in the immediate
vicinity of the discovered remains and the County Coroner and a qualified archaeologist shall be
notified immediately so that an evaluation can be performed. The Coroner shall contact the Native
American Heritage Commission, if the remains are deemed to be Native American and prehistoric, so
the “most likely descendant” can be designated.
11. Prior to issuance of a building or grading permit, whichever occurs first, the applicant shall pay any
outstanding planning application processing fees.
12. In the event that any archaeological features, such as concentrations of artifacts or culturally modified
soil deposits including trash pits older than fifty years of age, are discovered at any time during grading,
scraping, or excavation within the property, all work shall be halted in the vicinity of the find, the
Planning Division shall be notified, and a qualified archaeologist shall be contacted immediately to
make an evaluation. If warranted by the concentration of artifacts or soils deposits, an archaeologist
shall monitor further work in the discovery area.
13. If human remains are encountered during grading and construction, all work shall stop in the immediate
vicinity of the discovered remains and the County Coroner and a qualified archaeologist shall be
notified immediately so that an evaluation can be performed. The Coroner shall contact the Native
American Heritage Commission, if the remains are deemed to be Native American and prehistoric, so
the “most likely descendant” can be designated.
14. The applicant agrees to defend, indemnify, release and hold harmless the City, 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 of which is to attack, set aside,
void or annul the approval of this application or the adoption 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.
15. In the event that any claim, action or proceeding as described above is brought, the City shall promptly
notify the applicant 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 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
- 6 -
or proceeding where 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.
16. As a condition of this application, applicant agrees 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.
DEPARTMENT OF PUBLIC WORKS CONDITIONS
17. Upon submittal of a building permit, the applicant shall submit a lighting analysis for the property
frontage to determine lighting deficiencies. Based on review of the lighting analysis, modified street
lighting may be required along the property frontage.
18. New electrical service installed by the project shall be underground.
19. As required by the Department of Public Works, a portion of the unimproved area of Upper Fremont
Drive shall be paved to provide a vehicular turnaround at the intersection with the improved portion of
Upper Fremont Drive to accommodate access of larger vehicles to and from the site.
20. Upon submittal of a building permit, precise dimensions of the vehicle stacking system shall be
provided. Dimensions shall include the maximum vehicle that can be accommodated. At a minimum,
the system shall accommodate a standard size vehicle as required by the Department of Public Works.
21. Prior to issuance of building permit, the applicant shall pay applicable traffic mitigation fees. Upon
initial review of the project, fees were estimated to be $16,984 based on anticipated trip generation for
a large single family dwelling. Please note that fees are subject to annual increase and will be assessed
at the time of building permit issuance.
22. Prior to issuance of a building permit, the applicant shall pay the applicable construction vehicle impact
fee, which is calculated at one percent of the project valuation, with the first $10,000 of valuation
exempt.
23. Prior to issuance of a building permit, the applicant shall demonstrate compliance with Marin Municipal
Water District water conservation measures.
24. Drainage improvements, as required by the Department of Public Works, shall be required for the
frontage of the property. A cross-section of the road which shows curb and gutter shall be submitted
with plans submitted for building permit review.
25. Prior to Issuance of Building Permit, the applicant shall submit the stormwater control plan, which
includes a written document, in addition to the erosion control plan shown on the plan set. Details of
the stormwater system including overflow dissipation shall be reviewed by the Department of Public
Works with plans submitted for building/grading. More specific information is available from
MCSTOPPP, hosted on the Marin County Website. See tools and guidance, and post construction
requirements at the following address:
http://www.marincounty.org/depts/pw/divisions/mcstoppp/development/new-and-
redevelopment-projects
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26. Plans submitted for grading permit shall include cut and fill calculations for the project. A grading
permit shall be required from the Department of Public Works, located at 111 Morphew St. for project
proposing 50 cubic yards or more of earthwork.
27. Prior to issuance of a grading permit the applicant shall submit a construction management plan which
includes the name and contact information of the construction site project manager, construction and
concrete delivery schedule, staging plan, and emergency access plan and construction schedule. All
staging shall be kept onsite. Due to site conditions and roadway width, additional coordination and
notification shall be required to maintain access to adjacent properties and emergency vehicle access.
28. Prior to issuance of a building or grading permit, an erosion and sediment control plan shall be
submitted to the City.
29. Prior to Issuance of a Building Permit the applicant shall provide improvement plans for proposed
frontage improvements.
30. Prior to commencing work within the right-of-way, the applicant shall obtain an encroachment from
the Department of Public Works located at 111 Morphew St.
31. Prior to issuance of building permits, the applicant shall submit Civil and Utility plans in accordance
with the San Rafael Sanitation District Standards for review.
BUILDING DEPARTMENT CONDITIONS
32. 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), 2016 California Fire
Code (CFC), 2016 California Energy Code, 2016 California Green Building Standards Code and City
of San Rafael Ordinances and Amendments.
33. A building permit is required for the proposed work. Applications for a building permit 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. Geotech/Soils reports
j. Green Building documentation
k. Title-24 energy documentation
34. 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.
35. The applicant shall apply for a new address for this building from the Building Division.
36. Each building must have address identification placed in a position that is plainly legible and visible
from the street or road fronting the property. Numbers painted on the curb do not satisfy this
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requirement. In new construction and substantial remodels, the address must be internally or externally
illuminated and remain illuminated at all hours of darkness. Numbers must be a minimum 4 inches in
height with ½ inch stroke for residential occupancies and a minimum 6 inches in height with ½ inch
stroke for commercial applications. The address must be contrasting in color to their background SMC
12.12.20.
37. Regarding any grading or site remediation, soils export, import and placement; provide a detailed soils
report prepared by a qualified engineer to address these procedures. The report should address the
import and placement and compaction of soils at future building pad locations and should be based on
an assumed foundation design. This information should be provided to Building Division and
Department of Public Works for review and comments prior to any such activities taking place.
38. Prior to building permit issuance for the construction of each building, geotechnical and civil pad
certifications are to be submitted.
39. This project is subject to the City of San Rafael Green Building Ordinance. A sliding scale is applied
based on the total square footage of new single family and duplex dwelling projects. New dwellings
must comply with the “Green Building Rating System” by showing a minimum compliance threshold
between 75 and 200 points. Additionally, the energy budget must also be below Title 24 Energy
Efficiency Standards a minimum 15% up to net zero energy (sliding scale based on square footage).
40. All new construction, additions or remodels must comply with the Wood-Burning Appliance
Ordinance. New wood burning fireplaces and non-EPA certified wood stoves are prohibited. Non-
EPA Phase II-certified wood stoves must be removed in remodels and additions which: exceed 50% of
the existing floor area and include the room the stove is located in.
41. This new building is in a Wildland-Urban Interface Area. The building materials, systems and/or
assemblies used in the exterior design and construction must comply with CBC Chapter 7A. All under
floor areas enclosed to the grade with exterior walls in accordance with CBC section 704A.3. The
underside of cantilevered and overhanging appendages and floor projections shall maintain the ignition-
resistant integrity of exterior walls (CBC 7A.3), or the projection shall be enclosed to the grade.
42. This new deck is in a Wildland-Urban Interface Area. Where any portion of the new deck, stair,
landing, porch, or balconies, is within 10 feet of the primary structure, compliance with one of the
following methods is required:
a. Decking surface - shall be constructed of ignition-resistant material.
b. Decking surface - shall be constructed with heavy timber, exterior fire-retardant-treated wood
or approved non-combustible materials.
c. Decking surface - shall pass the performance requirements of SFM 12-7A-4, Part A, 12-7A-
4.7.5.1 only with a net heat release rate of 25kW/sq-ft for a 40-minute observation period and:
i. Decking surface material shall pass the accelerated weathering test and be identified as
exterior type.
ii. The exterior wall covering to which it the deck is attached and within 10 feet of the deck
shall be constructed of approved noncombustible or ignition resistant material.
Exception: Walls are not required to comply with this subsection if the decking surface
material conforms to ASTM E-84 Class B flam spread.
43. The design and construction of all site alterations shall comply with the 2016 California Fire Code
(CFC) and City of San Rafael Ordinances and Amendments.
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FIRE DEPARTMENT CONDITIONS
44. Fire protection water supply to meet the provisions of CFC Section 507 Appendix B.
45. During review of the building permit, deferred submittal for the following fire protection systems shall
be submitted to the Fire Prevention Bureau for approval and permitting prior to installation of the
system:
a. Fire Sprinkler plans conforming to NFPA 13-D for home and ADU.
46. Prior to submittal of a building permit, the applicant shall submit a Vegetation Management Plan
(VMP) to the San Rafael Fire Department. Refer to https://www.cityofsanrafael.org/vmp-san-rafael-fd/
or contact Fire Prevention at 415-485-3308 for further assistance. Continued compliance with the VMP
shall be recorded in the Deed and Title document for the property.
47. Prior to submittal of a building permit, the applicant shall contact the Marin Municipal Water District
to determine water connection feasibility and fire flow criteria.
MARIN MUNICIPAL WATER DISTRICT CONDITIONS
48. Complete a High Pressure Water Service Application.
a. Submit a copy of the building permit.
b. Pay appropriate fees and charges.
c. Complete the structure's foundation within 120 days of the date of application.
d. Comply with the District's rules and regulations in effect at the time service is requested.
49. Comply with all indoor and outdoor requirements of District Code Title 13 - Water Conservation. This
may include verification of specific indoor fixture efficiency compliance.
50. If the applicant is pursuing a landscaping project subject to review by the local planning department
and /or subject to a city permit, please contact the district water conservation department at 415-945-
1497 or email to plancheck@marinwater.org. More information about district water conservation
requirements can be found on line at www.marinwater.org
51. 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) 945-1558.
52. Comply with Ordinance No. 429 requiring the installation of a gray water recycling system when
practicable for all projects required to install new water service and existing structures undergoing
"substantial remodel" that necessitates an enlarged water service.
The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting
held on the 15th day of September, 2020. The Planning Commission’s Action is final unless it is appealed
to the City Council within five (5) working days pursuant to San Rafael Municipal Code Section 14.28.030
- Filing and time limit of appeals.
Moved by _______________ and seconded by _______________. The vote is as follows:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
- 10 -
ABSENT: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
ATTEST:
Paul A Jensen, Secretary
3-1
Exhibit 4
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
38 Upper Fremont Drive Project Consistency with San Rafael General Plan 2020 Policies
LAND USE ELEMENT
LU-2. Development Timing. For health, safety and general welfare
reasons, new development should only occur when adequate
infrastructure is available
Consistent
The proposed project is located in an established residential
neighborhood and proposes to construct a new single-family home on a
lot zoned for single-family residential uses. Conditions of approval require
improved site access, payment of applicable development impact fees,
and installation of utilities. As such, the project will ensure adequate
infrastructure is available and will not effect the health, safety, or general
welfare of the community consistent with this General Plan policy.
LU-8a. Residential Zoning. Implement Land Use Element densities by
setting appropriate maximum allowed densities in the zoning ordinance.
Consistent
The project site has a General Plan Land Use designation of Low Density
Residential (LDR) which allows for a gross density of 2 to 6.5 units/acre.
The R5 district in which the site is located allows for the development of
single-family residential uses by-right. The lot is currently vacant and will
introduce a new single-family residence consistent with densities and
development standards set forth by the General Plan and Zoning
designations. As such, the project is consistent with General Plan policies
LU-8a and LU-23.
Policy LU-23. Land Use Map and Categories. Land use categories are
generalized groupings of land uses and titles that define a predominant
land use type. All proposed projects must meet density and FAR
standards for that type of use, and other applicable development
standards. Some listed uses are conditional uses in the zoning ordinance
and may be allowed only in limited areas or under limited circumstances.
HOUSING ELEMENT
H-2. Design That Fits into the Neighborhood Context. Recognize that
construction of new housing and improvements on existing properties can
add to the appearance and value of the neighborhood if they fit into the
established character of the area. Design new housing, remodels, and
additions to be compatible to the surrounding neighborhood. Incorporate
transitions in height and setbacks from adjacent properties to respect
adjacent development character and privacy. Respect existing landforms
and minimize effects on adjacent properties.
Consistent
The project incorporates terraces, varied rooflines, and building
stepbacks which break up the massing of the structure and blend in with
the natural grade of the hillside. Existing residences in the West End
neighborhood and specifically along Upper Fremont Drive feature varied
architectural styles and building setbacks. Proposed colors and materials
are designed to blend with the sites natural wooded setting. The entry to
the building is provided by well-defined stair access and features
windows and decks that provide visibility to the street on all sides. The
proposed building is consistent with hillside development standards and
guidelines and fits in with the established character of the neighborhood.
As such, the project is consistent with this General Plan policy.
NEIGHBORHOOD ELEMENT
NH-2. New Development in Residential Neighborhoods. Preserve,
enhance and maintain the residential character of neighborhoods to
make them desirable places to live. New development should enhance
Consistent
The structure is sited to blend in with the natural hillside and respects the
character and privacy of adjacent properties. The existing residence
3-2
Exhibit 4
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
38 Upper Fremont Drive Project Consistency with San Rafael General Plan 2020 Policies
neighborhood image and quality of life, incorporate sensitive transitions
in height and setbacks from adjacent properties to respect adjacent
development character and privacy, preserve historic and architecturally
significant structures, respect existing landforms and natural features,
maintain or enhance infrastructure service levels, and provide adequate
parking.
located east of the proposed project site across Upper Fremont Drive is
the most proximate structure to the proposed residence. Though the
proposed residence includes windows and an uncovered deck along the
east elevation, existing trees along Upper Fremont Drive will be retained
that screen the new structure from the existing residence, which respects
the privacy of the adjacent residence.
Upper Fremont Drive is a substandard road located within the City.
Though the road is substandard, the proposed development is a
permitted use by-right and as conditioned will be required to pave a
portion of the unimproved Upper Fremont Drive to provide a vehicular
turnaround at the intersection with the private portion of Upper Fremont
Drive which would accommodate larger vehicles, such as parcel delivery
or garbage trucks. Furthermore, the project is conditioned to pay a traffic
mitigation fee and construction vehicle impact fee.
As previously discussed, the proposed project requires a minimum of four
off-street vehicular parking spaces. As proposed, a basement level
garage with stacked parking will be provided. Though not a common form
of parking, given site constraints, the proposed vehicle stacking system
would provide for adequate parking onsite. Furthermore, General Plan
policy C-29c (Innovative Off-Street Parking) allows for stackable parking
where feasible. The proposed parking has been reviewed by the City and
as conditioned, will be required to design the stackable system to
accommodate a standard vehicle size.
As such, the project is consistent with this General Plan policy as it is
designed to enhance neighborhood image and quality of life by
incorporating height and setback transitions that respect adjacent
development, respect existing natural features, maintain or enhance
infrastructure service needs, and provide adequate parking.
NH-4b. Design Review Conditions of Approval. Through development
review, require that design review approval include language whereby
owners maintain landscaping in good condition.
Consistent
The City imposes standard conditions of approval related to maintaining landscaping, and as such, the project as conditioned is consistent with this General Plan policy.
3-3
Exhibit 4
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
38 Upper Fremont Drive Project Consistency with San Rafael General Plan 2020 Policies
COMMUNITY DESIGN ELEMENT
CD-1c. Landscape Improvement. Recognize that landscaping is a
critical design component. Encourage maximum use of available
landscape area to create visual interest and foster sense of the natural
environment in new and existing developments. Encourage the use of a
variety of site appropriate plant materials.
Consistent
The site currently contains multiple mature trees, the majority of which will be retained onsite. The San Rafael Hillside Design Guidelines require tree replacement at a ratio of 3:1, unless an exception is allowed by the Design Review Board when site conditions warrant. The project proposes to remove five trees, which would require 15 replacement trees onsite. However, given the size of the lot as well as existing trees onsite, this replacement ratio is not practical, and trees replanted onsite at this ratio would not likely survive. In prior reviews for hillside design projects the Design Review Board has urged the installation of quality trees versus strict compliance with replacement ratios for this reason. This project that is currently proposed received input from a subcommittee of the Design Review Board. The Design Review Board requested a final landscape plan be submitted and reviewed by qualified members of the DRB prior to issuance of a building permit. As proposed, the project will include three new replacement trees(madrone trees) onsite. As such, the project is consistent with this General Plan policy.
CD-3. Neighborhoods. Recognize, preserve and enhance the positive
qualities that give neighborhoods their unique identities, while also
allowing flexibility for innovative design. Develop programs to encourage
and respect the context and scale of existing neighborhoods.
Consistent
The proposed project is located on a hillside lot that is highly constrained due to topography, onsite trees, and an existing onsite easement. The proposed residence has been designed to blend with existing natural features and is compatible with surrounding residences located along Upper Fremont Drive. As such, the project is consistent with this General Plan policy.
CD-6a. Hillside Design Guidelines. Continue to implement hillside
design guidelines through the design review process.
Consistent
The project has been reviewed by the Design Review Board for consistency with applicable hillside design guidelines and found to be consistent. As such, the project is consistent with this General Plan policy.
CIRCULATION ELEMENT
C-7a. Traffic Mitigation Fees. Continue to implement and periodically
update the City’s Traffic Mitigation Program
Consistent
The project, as conditioned, is required to pay a fair share of traffic mitigation fees consistent with this policy.
C-29c. Innovative Off-Street Parking. Where feasible, allow off-street
parking through stackable and automated parking systems.
Consistent
Steep slopes, existing trees, and easements all contribute to the highly constrained nature of the site. The project initially proposed two off-street parking spaces adjacent to Upper Fremont Drive, which was determined to be infeasible and presented safety hazards given the substandard
3-4
Exhibit 4
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
38 Upper Fremont Drive Project Consistency with San Rafael General Plan 2020 Policies
nature of Upper Fremont Drive. Additionally, the applicant requested an exception to the required parking, however, the exception was withdrawn due to lack of support from the surrounding neighbors as well as the Design Review Board. As such, the proposed stacked parking represents an innovative approach to providing the required off-street parking, consistent with this General Plan policy.
SUSTAINABILITY ELEMENT
SU-4. Renewable Energy. Increase the supply of renewable energy
sources. Promote and encourage residences to be resource, energy and
water efficient by creating incentives and removing obstacles to
promote their use.
Consistent
The proposed project includes installation of solar panels on the roof of the new residence, which will generate renewable energy consistent with this General Plan policy.
SU-7. New and Existing Trees. Plant new and retain existing trees to
maxim and carbon sequestration benefits.
Consistent
The project proposes to retain the majority of mature trees onsite. Five trees will be removed to accommodate the proposed residence and other site improvements. The City’s Hillside Design Guidelines requires trees to be replaced a ratio of 3:1. The applicant proposes to plant three new trees. Additionally, given site constraints, the Design Review Board recommended that the applicant be required to include smaller native plants other than trees. As such, the project is consistent with this General Plan policy.
SAFETY ELEMENT
S-1. Location of Future Development.
Permit development only in those areas where potential danger to the
health, safety, and welfare of the residents of the community can be
adequately mitigated.
Consistent
The property consists of lots 14, 15, and 16 of the Bay View Tract Subdivision No1 (RM4-46) recorded in 1913. As such the combined parcels exist as a legal lot of record. Because the lots were created legally, the applicant has the right to develop this site in compliance with our City’s review process. The applicant has proposed a development design that can be found consistent with the City’s hillside ordinance with incorporation of conditions of approval that require submittal of a final and updated geotechnical report as part of the building permit submittal documents.
S-3. Use of Hazard Maps in Development Review.
Review Slope Stability, Seismic Hazard, and Flood Hazard Maps at the
time a development is proposed. Undertake appropriate studies to assure
identification and implementation of mitigation measures for identified
hazards.
Consistent
The City Engineer has reviewed the slope stability maps and the following Geotechnical/Soils reports:
1. Geotechnical Feasibility – prepared by GE INC. dated April 30, 2015;
2. Geotechnical Investigation – prepared by Earth Science Consultants dated October 15, 2000
3-5
Exhibit 4
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
38 Upper Fremont Drive Project Consistency with San Rafael General Plan 2020 Policies
The reports recognizes possible slide nearby and recommend the use of pier foundation along with installation of a barrier for the associated retaining walls to protect from any possible soil movement. In addition, the GE, Inc report recommends preparation of a more detailed investigation prior to designing the foundation. As such, a recommended condition of project approval would require the applicant to submit a final Geotech/Soils report as part of the building permit submittal documents
S-4. Geotechnical Review. Continue to require geotechnical
investigations for development proposals as set forth in the City's
Geotechnical Review Matrix (Appendix F). Such studies should
determine the actual extent of geotechnical hazards, optimum design for
structures, the advisability of special structural requirements, and the
feasibility and desirability of a proposed facility in a specified location.
Consistent
It is common practice and policy for the City to require the submittal of supportive technical studies in support of development applications. The extent and type of technical studies vary by project type, size, location, and design. Issues such as geology/ soil conditions, biological resources, traffic, historic resources, and drainage are critical and integral to the design and review of the development project. However, there are certain topic areas that trigger technical studies that are costly and often result in delays in the process. Where possible, staff has attempted to reduce or eliminate the need for site-specific technical reports, which would reduce applicant cost and processing time. However, some reports are still required as part of the building permit submittal process as a standard condition of approval. In this case the building division has required submittal of a Geotech/Soils report as a required building permit submittal requirement. As mentioned above, prior geotech/soils report was provided as part of the submittal for this project. A standard condition of approval would require submittal of an updated Geotechnical Report that complies with this policy.
S-5. Minimize Potential Effects of Geological Hazards.
Development proposed within areas of potential geological hazards shall
not be endangered by, nor contribute to, the hazardous conditions on the
site or on adjoining properties. Development in areas subject to soils and
geologic hazards shall incorporate adequate mitigation measures. The
City will only approve new development in areas of identified hazard if
such hazard can be appropriately mitigated.
Consistent
As mentioned above, a standard condition of approval would require submittal of an updated Geotechnical Report to supplements the preliminary investigations conducted in 2000 and 2015.
S-6. Seismic Safety of New Buildings. Design and construct all new
buildings to resist stresses produced by earthquakes. The minimum level
of seismic design shall be in accordance with the most recently adopted
building code as required by State law.
Consistent
The proposed project will be required to comply with California and San Rafael building code standards, which include design standards that resist stresses produced by earthquakes. As such, the project is consistent with this General Plan policy.
3-6
Exhibit 4
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
38 Upper Fremont Drive Project Consistency with San Rafael General Plan 2020 Policies
Policy S-25. Regional Water Quality Control Board (RWQCB)
Requirements. Continue to work through the Marin County Stormwater
Pollution Prevention Program to implement appropriate Watershed
Management plans as dictated in the RWQCB general National Pollutant
Discharge Elimination System permit for Marin County and the local
stormwater plan.
Consistent
As conditioned the project will be required to comply with standard storm drain requirements. The applicant has provided a stormwater plan for the site which includes installation of a 575 gallon cistern. Calculations for the proposed project indicate the increase in impervious surfaces will result in approximately 336 gallons of stormwater runoff during a 0.2-inch per hour storm event. The applicant also proposes to install pavers onsite toa accommodate additional stormwater. As such, the project is consistent with this policy.
S-30. Maintenance and Landscaping for Fire Safety. Encourage,
where appropriate, special planting, removal and maintenance programs
to reduce potential fire hazards in the hills, wildland areas and urban
interface areas.
Consistent
As conditioned, the project will be required to comply with requirements of the California Fire Code and City of San Rafael ordinances and amendments. Furthermore, the new residence will be required to install fire sprinklers, and prepare a vegetation management plan which shall be recorded in the Deed and Title for the property. As such, the project is consistent with this General Plan policy.
S-31a. New Development. Through the development review process,
require appropriate mitigation measures such as fire preventive site
design, landscaping and building materials, and the use of fire
suppression techniques such as sprinklering.
CONSERVATION
CON-14. Special Status Species.
Preserve and protect special status plants and animals, including
candidate species for listing under the state and federal endangered
species acts, California species of special concern, California Native
Plant Society List 1B plants, and other species protected under provisions
of California Fish and Game Code.
Consistent
Staff has reviewed the Conservation Maps Exhibits 38. The project is not located in area where special status species are expected to be located.
Policy CON-16. Landscape with Native Plant Species. Encourage
landscaping with native and compatible non-native plant species,
especially drought-resistant species.
Consistent
The project site is located in a hillside area and contains natural vegetation including multiple mature trees. As proposed, five existing trees will be removed to accommodate the proposed structure and site improvements. The applicant proposes to plant three new trees including western redbud and western dogwood. As conditioned, the project will also be required to install smaller native plantings to meet replanting requirements for tree removal as set forth in the Hillside Design Guidelines. As such, the project is consistent with this General Plan policy.
<~ Rep ly all v lfilJ Delete 0 Junk Block
38 upper Fremont concern s
• Jeff Brown
Mon 9/7/2020 11 :21 AM
To: A licia Giudice
H i Alicia, Rece ived notice of hearing for 38 Upper Fremont which is scheduled for 9 /15. There are so many reasons NOT to a ll ow this to mov e forward .
6 ➔
1 . Fire department access. There are currently 2 res idences abov e th is address that the fire dept. can not get to now. Add ing another is highly problematic and major fire hazard.
2 . Access ib ility. For them to gain access for constructio n trucks to get to the property they w ill hav e to access through ours and 12 Espalda Court driv eway. We wi ll not grant
such . Nor do they hav e any area to stage materials for such a undertaking. I am a licensed General co ntractor myself so I am well aware what it will take to build such as they
are proposing.
3 . Aesthetics. We do not want them obstructing our v iew nor do we want a large window reflecting light at our house as they proposed in last meeting . Its unsightly.
4 . Wild life impact. We hav e v ery div erse w ild li fe up here o n th is h ill. I personall y hav e seen California weasels, a badger, foxes , deer, owls, kestrels, falcons, bobcats, tree
frogs , and neighbor had a mountain li on in his yard. I can o nly imagine that this construction would be a huge impact on th is because its r ight in the path of where most of
these critters use to get aro und o n th i s ridge . I wont have it.
5 . Traffic . During the w inter when it ra ins we hear tires sp inning try ing to make it up the god awful switchbacks to make it up the terrain . And they are proposing 4 cars up th i s
hil l !?!?!? Not a good idea. That said , where w ill the contractors park during th is co nstruction ??? There isn 't a p l ace for them . Defin it ly not parking in our driv eways nor cu l de
sac. Once again , a fire hazard. F ire trucks can bare ly make it to our location god forbid we hav e a fire here.
6 . Lastly, I totall y d isagree on the line on the card (Californ ia En v ironmental Quality act) is not appli ed to such a project. As stated above #4 it will be a HUGE impact to the
env ironment here . W ill forev er change the m igration o f all wildlife up here. That needs d ifferent consideration for p lanning to approve such .
Please let me know if any further clarificat ion or concerns.
Sincerely Jeff Brown
Sent from M.ai l for W indows 1 o
Reply Forward
August 5, 2020
City of San Rafael Planning Commission
c/o Alicia Giudice, Senior Planner
City of San Rafael
1400 Fifth Ave.
San Rafael, CA 94901
RECEIVED
f\UG i 3 2020
PLANNlNG
RE: 38 Upper Fremont; ED18 -082 , plans dated 4/30/20 (cover sheet 6/25/20)
Dear Planning Commissioners:
I have the following comments regarding the application for a new SFD at 38 Upper Fremont, a steeply
sloped lot (approx. 60% slope) along the curve of a narrow city maintained street, Upper Fremont
Drive in San Rafael. To sat isfy th e parking requirement, the applicant is proposing the construction of
a parking pit with a mechanical parking system, which would require the excavation of a hole at least
20 feet deep, on the uphill side, according to the drawings.
H ere are the questions I think you should consider before approving this parking proposal:
1. Does the San Rafael zon ing code currently allow the use of mechanical/automated parking
structures on hillsides or properties zoned residential?
San Rafael zoning code allows the use of mechanical/automated parking systems within the downtown
zoning districts (14.18.010-I.3.c.) but does not curre ntly describe it's use in single family residential
areas or hillside overlay districts. Can a mechanical parking system be approved as part of an
environmental and design review permit under the Hillside Residential Design Guidelines Manual, per
14.18.120, as tandem parking. I understand tandem parking to mean the parking of one car behind
another car where the outside car would need to move in order for the other car to move. According to
Josh Minshall, an engineer in Public Works, the proposed mec ha nical parking system is not a tandem
style parking system.
The City of San Rafael needs to get in front of the question whether to allow mechanical parking
systems in single family residential and hillside overlay districts and decide where they are allowed and
what guidelines or site constraints apply to avoid reviewing each application on an ad-hoc basis or as
part of a patchwork approach.
2. Do other similar sized cities allow mechanical parking systems i □ single family residential
zones or hillside locations?
According to information I gathered, other cities similar in size to San Rafael, ie Sunnyvale, Palo Alto
and San Luis Obispo, allow mechanical parking systems in multi-family zones and commercial zones.
T he City of Belvedere does not have parking pits on hillsides because of concerns about excess
grading/excavation; there is a lift system at a residence on the lagoon. Sausalito doesn 't specifically
prohibit them but requires unobstructed access to required parking; they may consider it for two/multi-
family residential.
3. Are you satisfied that a thorough geotecbnica l investigation has been performed to assess the
feasibility of this project and the accompanying risks to the surrounding environs. including the risk of
damage to the road?
I am unaware of the applicant submitting a geotechnical report that has specifically studied and
supported his proposal of a parking pit. This site is located along a curve in the road and has access to
the road from both above and below the site. I understand this road to be a city maintained street which
turns from asphalt to dirt at the top of the site. Could a large excavation project risk undermining the
stabili.ty of the road both above as well as below the excavation site?
The most current geotechnical report for this site is a 2-page report issued by Geotechnical Engineering
Consultants, Inc., on April 30, 2015, for a prior owner. The report states that a single shallow auger
boring was done. It was prepared to evaluate the geotechnical feasibility of the site for a dwelling
proposed by a previous owner and did NOT include a parking pit. (See attached)
Earth Science Consultants was hired by another previous owner to do a geotechnical investigation of
the site and their 8-page report, dated October 15, 2000, includes an assessment of the road which
"may be of possible lower or marginal stability, as is typical of most older roadway embankments in
the Bay Area." (See attached) In conclusion they state:
"From many years of geotechnical engineering experience in Northern California, we have
observed that generally the larger the amount of site grading that occurs within a project., the
greater the risk of long-term problems including sloughing, sliding, erosion and maintenance.
Therefore, we feel that it is important to keep the site grading at this project to a minimum."
What risk is there that the road could fail during excavation or at anytime subsequent to construction of
this project because of earth movement or changes in drainage patterns? If the road washes out or
collapses, all residents living above the damaged roadway will have no other access to their homes and
fire and emergency vehicles will be unable to provide emergencies services. Keep in mind that the
rainfall on this hill is probably more similar to Kentfield rainfall; during the rainy season there is a lot
of water running down this hillside and the road has no street gutters.
We do not want to be a "test site" for a parking pit. On page 25 of the Hillside Design Guidelines
Manual, it states: "Eve1y development proposal for hillside residential projects should include a
thorough analysis of existing conditions on and adjacent to the site." You are the decision makers for
this project and it is incumbent upon you to ensure that a thorough analysis of existing conditions on
and adjacent to the site has been performed to your satisfaction before making a decision and avoid the
temptation to "kick the bucket down the road." Whatever information you rely on should be provided
by licensed professionals, knowledgeable in their field, with professional liability insurance to protect
the City from bearing 100% of the liability, and provide you with the assmance you need to make a
sound decision.
4. This site is sub je ct to the Hill si.de Design Guidelines (HDG) whose intent a nd pu rp ose is to
miminize gra ding on hillsides.
The Hillside Design Guidelines Manual has a recurrent theme to "minimize grading" and repeats this
phrase over and over again in the manual. Other phrases taken from the manual which I think applies
to this project include:
• Building pads should disturb natural contours as little as possible (pg. 27)
• Natural drainage courses to be preserved as close as possible to their natural location (pg 27)
• Offstreet visitor parking should be located in bays that fit with the natural topography and
minimize grading (pg 27)
• Grading should be minimized within 20' of all perimeter property lines (pg 37)
• Parking should be aligned to conform, as closely as possible, to existing grades and minimize
the need for grading of slopes (pg 45)
5. We question the feasibility of d1e physical access required by equipment needed for a large
excavation and hauling of dirt off-site,
Access to the building site involves narrow steep roadways with hair-pin turns which creates hazardous
conditions for large construction equipment. We have had garbage trucks jump the roadway and
concrete trucks full of concrete slip and slide down the hill . We had a parked car on this very si te cut
loose and roll down the hill through the trees and land on it's roof on the street, blocking the street for
several hours; there are no guard rails on this street. We have seen construction equipment loose
stability and collapse onto the street, again blocking the street for several hours. Blocking the road
during construction is not an option. The road needs to stay open for emergency access and for
neighbors whose work requires frequent use during the day.
I appreciate your taking the time to consider my comments and thoroughly review this application.
Sincerely,
--San Rafael, CA
cc : Paul Jensen, Community Development Director
Bill Guerin, Public Works Director
att: 1) Geotechnical Engineering Consultants, Inc. report, 3 pages
2) Earth Science Consultants report*, 3 pages (page 1, 4, and 8)
*note that APN 12-041-23 & 24 are older parcel numbers for APN 012-041-48
GE INC.
Geotechnical Engineering Consultants
======:
124 Paul Drive, Suite #105
San Rafael, CA 94903
Phqne & Fax (415) 492-1747
Robert H. Settgast P.E. G.E.
rhsettgast@hotmail.com
Mr Todd Sontag
BACKGROUND
April 30, 2015
Fite 4-154-ts
GEOTECHNICAL FEASABILITY &
NEGATIVE DECLARATION
RESIDENTIAL BUILDING SITE
40 UPPER FREMONT DRIVE
SAN RAFAEL, CALIFORNIA
APN 012 041 23/24
Our firm has been retained by the addressee to perfonn the entitled services. The designers
are McGuire Design of Novato. This study was undertaken to evaluate the geotechnical
feasibility of this site for the planned residential dweUing. The information contained herein
is based on 4/15/15 & 4/18/15 evaluations of the site and its environs that included
multiple percussion soundings & a single auger boring to estimate the depths to weathered
bedrock, and a review of the 1974 Geological Maps.
A more detail investigation that would include test pits/borings will be required before the
foundation design reaches its final stages.
SE1TJNG & PLANNED CONSI'RUCTJON
This ~1/6 acre parcel lies on the northeasterly slopes of Moore Hill. As the attached Site
Plan and keyed photos show, it occupies an irregular~50 ft by ~120 ft area within a reverse
curve of Upper Fremont Drive, which forms its northeasterly and southwesterly
boundaries. Upper Fremont Drive is unpaved above the site
Grades within most of the site fall north easterly at irregular slopes averaging ~55% except
for its downslope segment, which slackens to -IO % over ~25 ft for a~ 50 ft length along
the northeasterly(lower) segment of the road.
The upper segment of the site show previous grading, including some random earth mounds
and deteriorated displaced wood walls. Vegetation includes some medium sized trees &
stumps, with natural shrubbery & grasses.
We anticipate a two story dwelling that will access mainly from the lower street level.
It will be cut into the slopes, which may entail basement/retaining walls ~ 10 ft deep .
The project plan will be configured to accommodate the irregular setting, and will include an
attached covered garage and soi:ne parking pads .
..
t 'ite 4-1 :>4-ts f:,1!,J<JN(j INC
SUBSO!l.S' & GEOLOGY
Our percussion soundings and shallow auger boring identified weathered bedrock or hard
residual soils within ~ 4 ft from existing grades on the siopes. It was measured 5 ft deep on
the earlier cited mounds & above the failed walls, and 7 ft deep at the break of the
road shoulder fill embankment above the site, Residual soils are fully wemhered bedrock rhal
re/aim competent jo1mda1ion properties.
The bedrock consists mainly of Franciscan sandstones/shales, that are common to the area
and are exposed on nearby road cuts, The Geological Maps show Franciscan Melange to be
the principal local formation rather than the sandstone shales. Melanie c:011 be generalized as
relativefy resistant 1111it.~ within a 11wtrix comprised of bedroclc thul has been weathered and
sheared to consistencies q/'harrl soil.\', hut still retrains roi·k slntcture. Cifren the non 1111ifcm11ity qf
Melange. this does not nece.narily Cm!fficl with our observations.
Soil creep is apparent on these slopes, but we found no indications that it penetrates below
significantly mantle soils. It is most apparent on the road shoulder fill above the tdte and
above the failed retaining walls. These features are typical for such settings, and we found
no signs that they penetrate into the bedrock. The geologic Maps show shallow slide
activity ~200 ft to the eost--but not here,
CONCLUSIONS
Non-drilled rigid interc<mnectud foundations, keyed into bedrock would suffice for building
support, Conventional drilled pier foundations penetrating ~ 6 ft into bedrock, may be
cost-effective, depending on the design , positioning, und preferences of the project team.
The upslope walls of the dwelling will probably require some protection from possible soil
movement. This might entail n barrier or deflection wall or heightened upslope foundation
concrete. Segments of the upper road shoulder may also require stabilization. These
requirements would depend on conditions exposed during grading,
In view of the above points, all indicators show that this parcel is suitable.for ils
planned development, We.found no special geolechnical concerns that are unique lo
comparable local hillside sites.
-0 {) () -
This report represents our best judgment based on the available inforrna1ion. and complies
with current standt1rds for projects of comparable scope and budgets. No fonns of warranty
or insurance coverage ore expressed 1~or implied in our written or verbal communicatfons.
We trust that this 1'eport provides the information required.
You may co11tact us for clarificat ion .
RHS:lws
Allachments: Keyed Photos 011 Cover
Topographic Sile Plan
Respec~fully submilled,
G EOENGINEERING, INC
,~/ r~-11-t.t:/4~~-~,,
Roher! H. Setlgt~r.::~
Pr<Hi!ssional Geolechnical Engineer
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SITEPLAN
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... --.......
EAR'TH SCIENCE CONSULTANTS
SOIL • FOUND.I.TION AND CEOLOC/CAL ENGINEERS
Raymond Chan
2. O 3 7 I r v i n g s t re et , # io 3
San Franci~co, CA 94122
I
AUG 05 2008
t)LANN 81\i(~ . . ·.:
J _a ~ 'el. '-a~ 3410/SAN RAFAEL/ CALIFORNIA 94912-3 41oi (415) 363-0935
October 15, 2000 ·· ·· · .::-· ···:
Job No. 004199
Geotech~ical Inyestigation
Proposed Resi~an6e
Parcels 23 and 24 (Lots 15-16)
Upper Fremont Drive
A.P. 12-041-23 & 24
San ·Rafael,_ California
I NTROD.UCT I ON
This report presents the resul.ts of the geotechnical invest;g·atior
we recently performed at the above site .
. .. '
We understand that it is desired to construct a new two to three
story , wood-frame, s i ngle family residence p·rimari ly withi1'. Paree ·
23 . We understand that the development plans are still in the
preliminary conceptual phase.
The ·purpo~e -of our work .was -to perf·orm .-a visual -s~te observ ati on
and_ reconnai~sance of ex~o~ed surface ~e~t~r~s, ·re~iew .~xisti~g
soil and geologi6 data of the area, log representative exploratiot
test borings and provide our opinion in the form of conclusions
and reco~mendation s as they relat~ to our specialty field of
practice, g eo technica l engineering.
.. -. '
Parcels 23 ano 24 Upper Fremont Drive
Page 4 -.October 15, ~ooo
inclination of about 57 degrees to 60 degrees that also is much .i;;-.,'.7~,J,7-:,•.·
steeper than the current standard of cut .slope constru~tion. I t
should be noted ' .
t~at with time, older, steeper cut ·slopes ca~
locally achieve a more gentle of repose .
Above the upper southwestern property line of Parcel 23, we
~b~erved that the .outer portion of the -gravel road consists of an . . .
older, steeper sliver fill up to abo ut 4 feet in height with a
steep inclination of about 45 degrees to 55 deg rees that i's much
steeper than the cu~rent standard of fill slope construction of . .
2;1. As one.proceeds towards the southeast along the upper
. '
roadway above Parcel 23 and .above ·Parcel 24, we observed an old~r,
de t er i o rat e d · w o.o d re t a i n i n g w a 11 up t 6 · about 3 t o 4 feet i n he i g ht
retajning the out~f portion of t~e Upper Fremont Driv~ roadway.
As the roadway. appears to be· relatively old, the roadway fi 11
mate•rials _were .pro~ably placed du_ring a perio·d of l _esser control
and may be of possible l ower or margi _nal stab.ili_ty·, as is_.typi~a1
of most older roadway embankmen ts in th e Bay Area.
Our attendance at th.e Association of ·say Area Government_s' (ABAG)
"·Land .Slipp-age Haza rd Miti.gat •iori" s·eminar ori December 17, 1991, at
the Oakland Metro Center, confirmed our previous understanding and
knowledge that the roads in the older hillside neighborhoods of
the Greater Bay Area were constructed without any soil engineering
or civjl· engineering control . F.ills were constructed by merely·
pushing cu~ mater~als off .the ~ownhi ll ~ide with no compaction and
no :ke,ying o·r benching, and .·wit·h st~ep slop~s -of .. ab~ut. { 1/4:1 to 1 .
1 /2:1 (compared with 2:1 _contemporary con-i°pacted and keyed fiil
s 1 opes). Such steep uncompact eq , f; 11 _s 1 opes are of 1 owe r
stability and subject to cree_p and occas·ional· sliding and
sTipouts. The upslope road cuts were made stee~ and then
' '
gradually achieved a quas i angle of repose after years of local
eroding, glou~hing and sliding.
' ,
.;,;-t •• •: •• : ,,._ ,,f.,•,:..,-~· •.. !;,;-. i,;,~·,t,. . ·-....... -
Parcels 23 and 24 Upper Fremont Drive
Page 8 -October 15, 2000
.... ~ .,,~ ...
Grading aiso distu r bs the nat u rel si ts ground cover and vegetation
which results in accelerated erosion and sloughing and also
usually changes natural drainage patterns ..
During the very heavy winters of i982 and 1983, as w~ll as during
our 34 years of geotechnical expe~ience, we have ob serv ed tha~
unretained cut slopes are a frequent cause of sloughing and
sliding.
From manr years of gaotechnical engineering experience in Northern
California, we have .observed· that generally the larger the amount
of site grading that occurs· within a project, the greater the risk
of long-term proble~s inc lud ing sloughing , sl~ding, erosion and
maintenance. Therefore, we feel that it i s i mportant to keep the
site grading at this pr oject t o a minimum.
To San Rafael Planning Commission
REF. 38 Upper Fremont Drive proposal
I received notice of this development and have reviewed documents
available on line and visited the site. Our property is parcel 012-132-63
which occupies the ridge line south and above of the proposed site. It is
one acre of undeveloped land and is adjacent to dedicated city open
space to the west. Our home on is downhill South from
the ridgeline, and adjacent to this parcel.
The proposed building is on a small but steep lot of 7977 square feet
within a tight hairpin curve of the road and down hill from 4 homes just
below the ridgeline. All of the surrounding areas are dense brush and
trees including the open space. This steep lot is a challenging site.
Our main concerns are fire and access.
Upper Fremont drive and this site are not accessible to emergency
equipment as outlined in the fire inspection report:
NOTE: Comment 4 pertains to the Upper Fremont Drive roadway. 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.
The road is narrow with 3 hairpin turns below the proposed
construction. It is difficult for even a single car to negotiate this roadway.
I would encourage Commission members to drive up this road to
understand its problems.
In addition to emergency vehicles, it would seem impossible for
construction equipment to access this site without blocking the street.
The site plans call for roughly 15 foot excavation into the steep hillside,
meaning heavy equipment, trucks, etc. I doubt the roadway could
sustain such loads and traffic, and suggest the San Rafael Public Works
be consulted. Excavation of this hillside during rainy season could pose
risks to downhill properties.
Construction is a time of higher risk for on site fires. If the project goes
ahead, especially during the dry season, perhaps fire prevention
measures and mitigation could be undertaken such as creating the 100
foot defensible space around the building footprint before construction
starts. The Fire inspector may have other recommendations to reduce
risks and should be consulted.
The ultimate solution if the City plans to develop this step hillside is to
widen and reinforce the roadway sufficiently to allow emergency
access. This would serve not only this site, but the houses above and
access to the dense brush of city open space in case of fires.
Thank you for your time and consideration,
Richard and Julia Geist
San Rafael, CA. 94901
September 1, 2020
<~ Reply all v lfilJ Delete 0 Junk Block
38 Upper Fremont WENA Comment Letter
CD You forwarded this message on Wed 8/19/2020 7:51 AM
• Fred P. Cushing
Tue 8/18/2020 6:36 PM
To: Alicia Giudice
Cc: Victoria DeWitt ; Michael Smith
38 Upper Fremont-WENA c. ..
196 KB ~ V
Good Evening Alicia,
6 ➔
In response to the request you made in your email of 8.13.20 (see below), seeking clarification regarding the neighborhood association (WENA) position on #38, I have been asked
to forward to you our official letter sanctioned by WENA leadership and signed by 16 current WENA residents in close proximity to the proposed #38 Upper Fremont Drive
residence.
We apologize for any confusion regarding WENA's position on this project. As with so much la tely during the pandemic, and with some recent personnel shifts, things got missed
or overlooked. So we thank you for providing us with the opportunity to reach out to our neighbors, and to clarify our collective response to this proposed construction project and
get our "house" in order.
The attached revised letter therefore represents the collective concerns of those of us most likely impacted by this project and the West End Neighborhood Association. As before I
ask that you please acknowledge receipt of thi s email and attached letter via return email.
Thank you for your time, patience, and consideration. And for representing our collective concerns and positions to the Planning Commission.
Fred Cushing
Sent from Fred's iPad
On Aug 13, 2020, at 5:42 PM, Alicia Giudice <Alicia.Giudice @cityofsanrafael.org > wrote:
1
August 17, 2020
Ali Giudice
City of San Rafael - Planning Division
1400 Fifth Ave
San Rafael, CA. 94901
RE: 38 Upper Fremont; ED18-082, Plans dated 4/13/20 (cover sheet 6/25/20)
We have the following comments for this formal application:
Note: It should be noted that many of the comments contained in this letter were also detailed in
previous letters to staff. A previous hearing was canceled because the lot was found to be 1,111 sq’
smaller than previously thought (7,977 sq’ vs 6,866 sq’ per current survey). The applicant has now
included a survey/topographic map with lot square footage calculated by the land surveyor. While the
applicant has responded to some of our comments, there are still several issues contained in this letter
that we would like addressed. We request that Planning respond to our comments in the staff report
prepared for the Planning Commission hearing.
1. COMPLIANCE WITH HILLSIDE DESIGN GUIDELINES (HDG)
a) Hillside Design
i) Location of main entrance.
The colored drawings from A1 Cover Sheet shows what appears to be the front door painted a bright
orange color. However, looking at the drawings on pg A6 Entry/Garage Plan, the bright colored door
appears to be a storage door with the main entrance tucked away to the right. This promotes confusion
and doesn’t provide a clear design statement or visible entrance to this home. The entrance is more like
a “back entrance.”
We believe good functional design would have the main entrance for a home enter directly into the
living area, without having to walk up several stairs. With a corner lot, like this, providing extensive
street access, designing an entrance to lead into the living areas should be possible and preferable. The
current entrance as designed is hidden and not very welcoming.
2
ii) Lack of 2nd exterior door:
There appears to be only one exterior door for this house, at the garage level. Aren’t you required to
have at least 2 means of ingress and egress, ie 2 exterior doors? An exterior door at the living area
level would make sense and could provide access to the street above. Fire Safety alone should require
another means of egress, in case of fire, which occurred at 55 Upper Fremont a few years ago.
iii) Unusual layout.
The layout of the house is unusual in that the entry leads to the bedroom level first. To get to the main
living area requires walking up two flight of stairs. An exterior door at the living area level could
provide access to the street above. The plans provide a needed addition of a “dumb waiter” as a means
of getting groceries and supplies from the front door to the kitchen, two-flights up.
iv) North elevation:
We are concerned that the height of the building which faces traffic coming up the hill is too bulky in
appearance and will create a wall effect.
v.) Ridgeline Development
We would like the Planning staff to verify that the proposed building is well within 100 feet of the
ridgeline.
vi) Identify all exceptions/variances to HDG:
All other Hillside Design Guidelines, zoning and building codes, ie. setbacks, stepbacks, height
restrictions should be complied with or exceptions/variances identified in the staff report.
b) Parking
Upper Fremont Drive is a very steep, narrow (2-way/1 lane), very substandard hillside street with NO
public (street) parking. Therefore, parking requirements must comply with current code, with NO
exceptions.
i.) Parking Pit
The applicant is proposing a pit-stacker system to comply with City parking requirements. This is an
unusual design for hillside residential parking. The SR Zoning Ordinance Parking Standards allow
mechanical/automated parking systems within the downtown zoning districts (14.18.010-I.3.c.) but
there is nothing in the code to describe their use in residential or hillside zonings.
Recently, a mixed use project in the downtown, at 703 Third St., proposed 120 units plus retail space
with a mechanical parking system and would use mechanical lifts with no pit or underground
feature. The City is requiring a use permit for the mechanical lift parking proposal along with
recommendations of the PW Director and the Planning Commission, per staff report prepared by Steve
Stafford on Feb 26, 2019.
3
The City has no standards or zoning codes to address pit stack parking in a residential area, let alone
addressing the safety of using such a system on steep hillside lots. Some vehicles cannot be
accommodated by mechanical parking systems because of the size or weight, ie large sport utility
vehicles and pick-up trucks. We don't have any code or standards as to what the minimum size vehicle
these systems should accommodate.
We found that Sunnyvale, Palo Alto and San Luis Obispo allow mechanical parking systems in multi-
family zones and commercial zones but not single family residential. The City of Belvedere does not
have parking pits on hillsides because of concerns about excess grading/excavation; there is a lift
system on the lagoon. Sausalito, while not prohibited, might allow mechanical parking systems for
two/multi-family uses.
Pit stack parking does not meet the requirement that guest parking spaces be independently accessible
as required by the hillside design guidelines, per San Rafael municipal code:
15.07.030 - Street, driveway and parking standards.
(c) Each lot created on substandard city streets and all private streets shall provide a minimum of two
(2) off-street, independently accessible guest parking places for each dwelling unit intended to be
developed on the lot. These parking spaces shall not be located on the driveway apron. These spaces
shall be conveniently placed relative to the dwelling unit they serve.
Providing additional on-site parking next to a substandard street can improve access for emergency
vehicles, per Municipal Code 15.07.010. This is especially true on a street like Upper Fremont with
NO emergency vehicle turn-around. It could definitely benefit from the additional street width added
by siting guest parking spaces immediately next to the street rather than hidden away underground.
Guest parking spaces added adjacent to the street can also provide additional room for passing vehicles
to maneuver on a narrow street like Upper Fremont.
Lastly, digging a deep pit on a steep hillside with a long history of slides and underground waterways,
next to a narrow road which was not built to current standards, is a threat to public safety.
San Rafael Municipal Zoning code 14.18.010. G. states:
"Ensure that off-street parking and loading facilities are designed in a manner that will ensure
efficiency, protect the public safety and, where appropriate, insulate surrounding land uses from
adverse impacts;"
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 required depth of the pit
would have to be at least 20 feet (per plans); a detailed description of the pit and the stacking
mechanism is missing from the plans.
Upper Fremont Drive 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
4
opposite side of the road, leaving it vulnerable to collapse? Any damage to the roadway could
effectively cut off emergency response vehicle access to properties further up the hill.
Earth Science Consultants was hired by a previous owner to do a geotechnical investigation of this site.
Their report, dated October 15, 2000, states the purpose, as follows:
“The purpose of our work was to perform a visual site observation and reconnaissance of
exposed surfaces features, review existing soil and geologic data of the area, log representative
exploration test borings and provide our opinion in the form of conclusions and
recommendations as they relate to our specialty field of practice, geotechnical engineering.”
Earth Science Consultants describes how Upper Fremont was most likely constructed and the likely
stability of the road given it’s age:
“As the roadway appears to be relatively old, the roadway fill materials were probably placed
during a period of lesser control and may be of possible lower or marginal stability, as is typical
of most older roadway embankments in the Bay Area.”
“Our attendance at the Association of Bay Area Governments’ (ABAG) “Land Slippage Hazard
Mitigation” seminar on December 17, 1991, at the Oakland Metro Center, confirmed our
previous understanding and knowledge that the roads in the older hillside neighborhoods of the
Greater Bay Area were constructed without any soil engineering or civil engineering control.
Fills were constructed by merely pushing cut materials off the downhill side with no compaction
and no keying or benching, and with steep slopes of about 1 ¼:1 to 1 ½:1 (compared with 2:1
contemporary compacted and keyed fill slopes). Such steep uncompacted fill slopes are of lower
stability and subject to creep and occasional sliding and slipouts. The upslope road cuts were
made steep and then gradually achieved a quasi angle of repose after years of local eroding,
sloughing and sliding.”
With regard to grading, the report states:
“Grading also disturbs the natural site ground cover and vegetation which results in accelerated
erosion and sloughing and also usually changes natural drainage patterns.”
In conclusion, the report states:
“From many years of geotechnical engineering experience in Northern California, we have
observed that generally the larger the amount of site grading that occurs within a project, the
greater the risk of long-term problems including sloughing, sliding, erosion and maintenance.
Therefore, we feel that it is important to keep the site grading at this project to a minimum.”
We strongly request that the City require the applicant to conduct a thorough safety and feasibility
study prior to any approval of this untested parking system.
5
ii.) Page A11 Parking and Circulation Diagram:
We think the legibility of this drawing could be improved by increasing the scale to the same size as the
other pages, 1/4” =1 foot. It is difficult and dangerous to back up at an angle onto a narrow, steep and
poorly-lit road with no downhill guard rail. The applicant has not included information about the slope
and angle of the road in relation to the driveway and the drawing is difficult to read the boundaries of
the road; it is important to show where the road ends and the private guest parking for the opposite
neighbor begins. This diagram should show that cars maneuvering in and out of the driveway do not
need to use the opposite neighbors guest parking spaces or potentially damage cars parked there. You
can assume that FedEx trucks will be turning around in the driveway. There is a reason why the
Municipal Code (14.12.030(F)) prohibits vehicles from backing out onto a street less than twenty-six
feet wide. There is history of a car being parked on this site that rolled several feet down the hill and
there were no guard rails to stop it. Luckily, no one was injured.
c) Natural State requirement/ house size
We emphasize the importance of complying with all hillside design guidelines, including the natural
state requirement. With such a small allowable footprint for a home on this site, City planners and
board members must verify applicant’s calculations and ensure compliance with the natural state
requirement. The applicant has now provided a topographic map prepared by a land surveyor.
However, the slope calculation was NOT included on the topographic map with the wet stamp of the
engineer. Instead, it appears the slope calculation was done by the applicant (owner/architect) and is
calculated for a portion of the lot and not the entire lot. Plans submitted by the prior owner of this lot,
Todd Sontag, in January 2008, stated average slope at 60%. The applicant has calculated a slope of
56.5% up from 55.8% and 53% slope on prior plans. We think the slope calculation should be prepared
by the engineer that prepared the topographic map and not the applicant.
We understand that the applicant does not want to apply for an exception or variance so it is important
that the lot size and slope are accurate in order to calculate accurate disturbed area/natural state
requirements. We would like the applicant to show the calculations for the natural state and the
disturbed area clearly on the plans, understanding that the “disturbed area” includes more than the “lot
coverage.” 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 A1, the applicant has listed the square footage of most homes located on Upper Fremont. We
find there are some inconsistencies in his numbers. For example, 75 Upper Fremont (APN 012-045-
11) and 79 Upper Fremont (APN 012-045-14) are 2,903 sq' for each residence per Marin County
Assessor records, not 3,500 sq' as the applicant shows on his chart. Apparently, he used information
from Zillow. Both homes were built in 2004. 75 Upper Fremont combined 4 old lots with a total of
17,000 sq’. The slope was 45.6% and the natural state requirement was 70.6% with 74% proposed
with the new home. When compared to the lot, the home size is 17% of the lot size. 79 Upper
Fremont combined 2 existing lots with a total of 28,050 sq’ (per Planning document). The slope was
47.3% and the natural state requirement was 72.3% with a proposed natural state of 84%. The home
6
square footage is 10% of the lot size. When looking at the homes immediately surrounding 38 Upper
Fremont, the home square footage as a percentage of the lot size ranges from 4% to 19%. In contrast,
we estimate the proposed home at 38 Upper Fremont to be 25% or greater, exceeding the surrounding
development pattern.
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.
4. ROADWAY IMPROVEMENTS:
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. Sections of the upper
roadway may require stabilization to protect the property from soil moving downhill and settling
against the new structure, per Geotechnical Report from April 30, 2015.
Public Works is requiring a condition of approval that the unimproved portion of Upper Fremont
abutting this property be paved to provide a vehicular turnaround at the Y with the private section of
Upper Fremont (Memo dated April 30, 2019 to Planning from PW). Currently, delivery companies
have refused delivery to residents on Upper Fremont and emergency vehicles have no place to
turnaround. The turn-around needs to meet minimum standards for roadway improvements and be able
to accommodate the maneuvering of delivery and emergency vehicles. The Plans do not currently
include this roadway improvement and should be shown on the plans. The survey/topographic map
prepared by Transamerican Engineers, shows Upper Fremont width of 20 feet but actual road width is
around 12 feet.
In the conditions of approval for 31 Upper Fremont (in 1998), the City required that the street be paved
along the entire frontage of the property with a 2" asphalt overlay prior to occupancy of the
house. Likewise, the City should require paving along the entire street frontage of 38 Upper Fremont
before occupancy.
5. CONCRETE DELIVERY PLAN:
The applicant needs to put forth a workable and approved 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
7
Espalda Court on the other side of the hill. The applicant should submit plans on how concrete will be
pumped from Espalda Court to the site to ensure safety and that access is not compromised. We
understand the applicant has made arrangements with property owners.
Any other large or heavy construction vehicles will need permission from the individual property
owners to use private property to maneuver those vehicles. Private property includes the privately
owned streets at Trost and #39 Upper Fremont, as well as all neighboring driveways and private
parking areas and property. The applicant also needs to provide detail in their plans as to exactly where
the "staging area" for construction will be located.
In addition, the applicant needs to post a bond and document the condition of the street before and after
construction.
6. FIRE PROTECTION:
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
8
(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.
7. EXISTING SEWER LATERAL LOCATED ON PROPERTY:
There is an existing sewer line running through the middle of this property. Older maps suggest that
the sewer line for #39 and #77 may be located in the center of this property. In 2004, when #75 and
#79 were built, they were connected to a new sewer main which runs under the dirt road. There are no
records indicating that #39 and #77 were ever connected to the new sewer main and it appears that the
sewer line located on this property is still active and is located in an abandoned City easement. Alicia
Giudice and Don Jeppson, the City Building Official, visited the site and were shown the exposed
sewer pipe. However, the location of the sewer pipe is not shown on the plans nor a plan for relocation
discussed with the affected residents. The applicant cannot build a house on top of an active sewer line
so we would like to see this issue addressed as part of the review process. See the attached photo.
8. 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, including the feasibility of the
proposed parking pit.
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. Applicant needs to submit a
vegetation management plan (required by Fire Dept).
9. LOT MERGER:
The Planning Division needs to determine if the underlying lots, APN 012-041-23 and 012-041-24 (old
lots 14, 15, and 16), have been merged into the current APN 012-041-48 and if not, a condition of
approval should require merger of these lots.
10. OTHER COMMENTS:
a) 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.
9
b) There is no grading plan as required by Public Works and which would help in determining the
“disturbed area” when calculating compliance with the natural state requirement.
c) Page A-2 Vicinity Plan does not appear to be drawn to scale. For example, 30 Upper Fremont is
only 696 sq’ but appears to be twice as large as 38 Upper Fremont.
11. CONSTRUCTION MANAGEMENT PLAN (CMP) and STAGING AREA:
Prior to the issuance of a building permit, a Construction Management Plan shall be submitted and
approved by the Planning Division AFTER the applicant meets with surrounding neighbors, as was
required for 75 Upper Fremont when it was built. We suggest scheduling the meeting at City Hall with
a Planner present and at a time that is convenient for neighbors. It is imperative that the applicant
meet with neighbors to create a Construction Management Plan (CMP) and address their concerns
BEFORE approval from the Planning Division and 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.
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 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 Leinbach, WENA Board member
Victoria DeWitt, Fremont Rd Fred P. Cushing, Upper Fremont
Michael Smith, Upper Fremont Davis Perkins, Upper Fremont
Crystal Wright, Upper Fremont Rena Harel, Upper Fremont
10
Mikei Davis, Upper Fremont Lori Davis, Upper Fremont
Steve Thomson, Fremont Rd Jasmin Thomson, Fremont Rd
Maren DeGraff, Fremont Rd Adam DeGraff, Fremont Rd
Toni McIntyre, Marquard Mark Abadi, Marquard
Zanette Johnson, Marquard
cc: WENA
att: Photo showing sewer line at approximate location of proposed driveway (1 page)
' .
August 17, 2020
San Rafael Planning Commission
c/o Alicia Giudice, Principal Planner
City of San Rafael
1400 Fifth Ave
San Rafael, CA. 94901
Members of the Planning Commission:
R E: Supplemental comments for 38 Upper Fremont, ED18-082
RECt:H,"~D
AUG ~ ,J Lut.u
PLA NNING
I am concerned about the safety and feasibility of the proposed parking pit at this site and would like an
answer to the following question:
Why isn't a Geo t echnical Inves tigation Rep ort a nd Geotechnical Review being required for this
application as described in the Geotechnical Review Matrix? Where is the geotechnical report that
supports the safety and feasibility for a parking pit at this site?
T h e Safety Element of the General Plan addresses safety concerns and geotechnical review of
development propos als:
S-1. Location of Future Development.
Permit development only in those areas where potential danger to the health, safety, and welfare
of the residen ts of the community can be adequately mitigated.
S-3. Use of Hazard Maps in Development Review.
Review Slope Stability, Seismic Hazard, and Flood Hazard Maps at the time a development is
proposed. Undertake appropriate studies to assure identification and implementation of
mitigation measures for identified hazards.
S-4. Geotechnical Review.
Continue to require geotechnical inves tigatio ns for development proposals as s et fo rth in the
City's Geotechnical Review Matrix (Appendix F). Such studies should determine the actual
extent of geotechnical hazar ds, optimum design for structures, the a dvisability of s pecial
s t ructural requirements, and the feasibility and des irability of a proposed facility in a specified
lo cation.
S-4a. Geotechnical Review of Proposed Development. Require soils and geologic peer
review of development proposals in accordance with the Geotechnical Review Matrix to assess
such hazards as potential seismic hazards, liquefaction, landsliding, mudsliding, erosion,
sedimentation and settlement in order to determine if th ese hazards can be adequately mitigated.
S-5. Minimize Potential Effects of Geological Hazards.
Deve lopment proposed within areas of potential geological hazards s hall not be endangered by,
nor contribute to, the ha zardous conditions on th e site o r on adjoining properties. Development
in areas subject to soils and geologic hazards shall incorporate adequate mitigation measures.
The City will only approve new development in areas of identified hazard if such hazard can be
appropriately mitigated.
This application is being proposed for APN 012-041-48 which is a combination of 3 parcels, 012-041-
23 & 24 (lots 15 and 16), and lot 14. There are 2 geotechnical reports that I have seen which were
submitted by prior owners for lots 12-041-23 & 24 only and does not include lot 14, the westernmost
lot. One report was prepared by Geotechnical Engineering Consultants, Inc . on April 30, 2015, to
determine the feasibility for a concep tual drawing that does not include a parki.ng pit. This report states
tha t "geologic Maps show shallow slide activity, about 200 feet to the east". The other report was a
geotechnical investigation prepared by Earth Science Consultants on October 15, 2000, to assess the
potential construction of a new two to three story wood-frame SFD and described the site as being in
stability zone 3 (Rice, Strand, and Smith). This report concludes that "it is important to keep the site
grading at this project to a minimum".
According to the Geotechnical Review Matrix, a Geotechnical Investigation Report and a Geoted111ical
Review are required for a High Occupancy use (single-family residential) located in stability zone 3.
According to S-3 (above), a review of slope stability should be done at the time the development is
proposed. In "An Applicant's Guide to Procedures for Hillside Residential Development" prepared by
the San Rafael Planning Department, it states in Appendix C that "sites which are rated 3 or 4 (most
hazardous) on either Geoseismic Hazard or Slope Stability map will require a Geotechnical
Investigation Report as part of the materials needed for completeness." Shouldn't a current
Geotechnical Investigation Report for APN 12-041-48 be completed to determine the safety and
feas ibility of the proposed plan with a parking pit BEFORE this application is considered complete and
heard before the Planning Commission? Or, am I misunderstanding something?
Please note the replacement of two gas services by PG&E in April, 2017, due to a landslide. This work
was located relatively close, to the west of the site of this application and involved service to 39 and 77
Upper Fremont. See the attached Encroachment Permit submitted by PG&E.
Thank you for your consideration of my comments.
San Rafael, CA. 94901
enc: 1. Geotechnical Review Matrix
2. PG&E Encroachment Permit, dated 4/17/20 17
cc: Raffi Boloyan, Planning Manager
Paul Jensen, Community Development Director
Bill Guerin, Public Works Director
I
Exhibit HH :
GEOTECHNICAL REVIEW MA TRIX
SLOPE STABILITY & GEO-SEISMIC HAZARD ZONES I, 2, 3 & 4
LA."''D USE CATEGORY (1)
C RITICAL IIlGH LOW OCCUPANCY OCCUPANCY
1 2 3 4 l 2 3 4 I 2 3 4
Rezoning, Master Pl an A A BID BID A A BID BID A A A A
Subdivision -T e ntative Map, Parcel Map ,
Conditio nal C ertificati o n of Compliance BID BID BID BID B B BID BID A A BID 8 /0
Design Review
Use Permit, Grading Permit. Building Penn it BID BID BID BID B B BID BID B B BID B/0
Occupancy Permit, Notice of Completion C C C C C C C C C C C C
Requirements for the following to be:: determined on a case-by-case basis. dependent upon the spc:citicit) of proposal.
General Plan Amendment
Annexation
Rezoning-General
Subdivision-Other
• Variance
• Open Space Acceptance
Pre-Application Feasibility
(I) Land Use Categories
PARKS/OPEN
SPACE
I 2 3
NIA NIA NIA
A A BID
A A BID
C C C
I
I
4
NIA
BID
B/D
C
Critical Use: Hospitals and related care centers. schools. auditoriums. churches and theaters. fir.: and police stations. transportation center:. and facilities. major utilitie:;. and communication
facilities
High Occupancv: Residential (single-famil:,-. apanments and PuDs): commercial (office buildings. restauran~ and retail stores). and light and heav)' manufacturing and assembling
Low Occupancv: Warehouses. storage facilities and distributi on centers.
Park/Open Space: Parks. marinas. and public and private open-space.
Report t)pe
A Prelimina.£) Geo logic Repon
B Geotechnical Investigatio n Repon
C Construction Observation Report
D Geotechnical Re\iev.
NOTE: A hazardous waste investigation report (E) shall be submined for sites whc:re contamination 1s suspectc:d. and for inves1igations of existing or proposed \,aste dump,ites.
Reprinted 0412812017 SAN RAFAE L 2020/ Appendoces F-11
' ..
SAN RAFAEL PUBLIC WORKS
l'U8UC W0HKS 0EPMTMENI • (416) 486 -3-1!i5
111 M()HPHE.W 8f. • IJ.O. llox 161600 • Sao Hoftkll, CA 0•91r,
PM: 31:~18742
UTILITY/ SPECIAL DISTRICT
ENCROACHMENT
APPLICATION AND PERMIT
PROJf:CT/1..0CATION __ .3.9..&.}l...Uf.Ef.8£.Bf.M.Q~.fl ______ DATE SUBMITTEO:, __ ..!J/111.2.0.11_ __ --·--·
PARCEi. NlJM8H~ 012-045-05
OWHliR INFORM4TION TVPE OF fll:RMtrftfiQUl!ST6D
NAME: -BEM.H8BEL fl CONo'THUCllON STAGING
---~ MAINT f.NANCI::/ urneF.T CIJ T
EXCAVATION WORI( (Spocial ri,qutrerncnla apply -·
,f\{JOREl1S: __ 3.9 ~EPER FREMONT Df~ SM t;,H.M.C,§11.04.030.070) {! l\flOVE-OROUNO rtcCll.lTIES
OTHEH: REl'I. Cc GAS SERVICE
CITY/$TATE~ SAN RAFAEL CA REPLACE 2 GAS SERVICES DUE TO -·l --~---· --··----·
CONTACT NAMF.: MARK CONDON FOR PG&E
LANDSLIDE
DESCRIPTION AND PURPOSI! or WORK
PHONE: _41li-257-3332 FAX :_ 416-257-3420 INSTALL ti) 14' 1" PL<;,AS SERVICE_QN . --
PHONE:-·---MX :
DIHT ROAD IN FRANCHISE AT ENO ---OF UPPER FREMONT DR.
CONTIIACTOl'II INl'ORMATION INSTALL {1} 75' 1" PL GAS SERVICE
NAME: PACIFIC GAS & ELECTRIC CO. AT END OF UPPER FREMONT DR ON
ADDRESS; 1220 ANDERSEN DR.
PRIVATE ROAD .
PRTIVATE ROAD AT END OF UPPER
CHY/STA'rE: S;\N RAfAELi CA 24901 FREMONJ _Dfi WILL HAVE TO BE
CLOSED TO INSTALL SERVICE TO
PHONE: 4] 5 ~257~3 J l 4 FAX: 39 UPPER FREMONT DR
Cl IY BU!JINF.88 UC.# (RE<lUIREO): ____ .... ., .. ____ . __ . ______ JfilBE WILL ALSO BE 8._CUTOFF ON
ESPALDA CT WITH A BELL HOLE.
(-ffATE UC.#: (A or C -12 Only) NO ROAD CLOSURE WILL BE
NEEDED. THE TCP ATTACHED
IS FOR TAHT LOCATION.
--·· -··---------· -
DURAllON OP OONOTftUCTION R&!QUIMD A TTACHMMNT3 (Ch11<1k If attached)
F~EQUE6TEO 8l'ARTINO DATE:: ~l30/2Q:1Z ll 01:TAIU!O PLJ\N I KEY MAP
ANTICIPATED COMPU;T!ON DATE: Zti0/2QjZ
0 C.P.U.C. OON8ENT/OROER
D TRAr·FIC 8 PEOl:8TAIAN CONTROL PLAN
0 MAPS/RECORDS OF UNDERGROUND UTIUT1es
UTILITY/ SPl!:CIAL DISTRICT ENCROACHMl!Nl' Pl!RMIT APPLICATION PRAMIT No.€.P/ 7-Jo.!:J..
----
Pago 1 of 3
Community Development Department – Planning Division
Meeting Date: September 15, 2020
Agenda Item:
3
Case Numbers:
GPA16-001 & P16-13
Project
Planner:
Barry Miller, Consulting Project
Manager (415) 485-3423
REPORT TO PLANNING COMMISSION
SUBJECT: Progress Report on San Rafael General Plan 2040/Downtown Precise Plan
A progress report and update on General Plan 2040 and Downtown Precise Plan will be
presented to the Planning Commission. The report will include a recap of work completed to
date, outcome of the General Plan committee work, organization of the new plans, major draft
policy changes that will be included in draft plans and schedule/tasks anticipated for the
upcoming release of the public review draft of the Plans and associated Environmental Impact
Report (EIR); Case Nos.: GPA16-001 & P16-013.
EXECUTIVE SUMMARY
In late 2017, the City initiated an update of the San Rafael General Plan 2020, moving the time horizon
forward to 2040 and amending the document to reflect current issues, trends, and State laws. The City
subsequently received a grant to prepare a Downtown Precise Plan, which was incorporated into the
overall General Plan Update work program. Work on the Precise Plan was initiated in January 2019. A
program-level Environmental Impact Report (EIR) is being prepared covering both Plans. The three
documents (General Plan, Downtown Plan, EIR) will be released this Fall. The Planning Commission is
tasked with holding public hearings on the documents and making a recommendation to the City Council.
This is an informational item only. Given that the Draft General Plan 2040, Downtown Precise Plan and
EIR have not yet been released to the Commission or to the public, comments on the specifics of the
Plans are not appropriate at this time. The purpose of the September 15th Progress Report is to review
the work completed to date, highlight the work done by the General Plan Steering Committee, identify the
organization and content that will be included in the Draft Plans, and discuss the schedule for Planning
Commission review. The Commission will be provided with a framework for the upcoming review
process following release of the plans. Public comment will be accepted, but comment on content of the
plan should be deferred to the upcoming hearings after the Drafts are released.
RECOMMENDATION
It is recommended that the Planning Commission take the following actions:
1. Receive a status report on the General Plan, Downtown Plan, and EIR
2. Consider public comments and testimony
3. Accept the informational report
PROJECT BACKGROUND
General Plan 2040 Overview:
Every city and county in California is required to prepare and adopt a General Plan for its future
development. San Rafael’s current General Plan was adopted in 2004. The Plan has been amended
REPORT TO PLANNING COMMISSION Page 2
Case No: GPA16-001 & P16-13
several times since then in response to specific issues, new State laws, and related plans. The Housing
Element of the General Plan was comprehensively updated in 2014 to cover 2015-2023. It will be
updated again in 2021-2022 as required by State law.
The General Plan Update was launched in December 2017. While the update is primarily a “refresh” of
the existing plan rather than a brand new plan, changes were needed to address the evolving state of
the city and region, and to cover global issues such as climate change, social equity, and emerging
transportation technology. The three-year planning process included gathering and analyzing data on
these issues, auditing each goal, policy, and action in the existing General Plan, drafting new and
updated policies, and working with the community to identify issues and vet potential new policies.
The General Plan is organized into “elements” or topical chapters. Eight elements are required by state
law, but San Rafael’s existing Plan also includes “optional” elements on topics of local importance. A
comparison of the elements in General Plan 2020 and the new General Plan 2040 is provided below:
General Plan 2020 General Plan 2040
Land Use (*) Land Use (*)
Neighborhoods Neighborhoods
Community Design Community Design and Preservation
Conservation (*) Conservation and Climate Change (*)
Air and Water Quality
Sustainability
Parks and Recreation Parks, Recreation and Open Space (*)
Open Space (*)
Safety (*) Safety (*)
Noise (*) Noise (*)
Circulation (*) Mobility (*)
Infrastructure Community Services and Infrastructure
Culture and Arts Arts and Culture
Economic Vitality Economic Vitality
Governance Equity, Diversity, and Inclusion (*)
Housing (*) Housing (*)
(*) mandatory element
As noted above, General Plan 2040 maintains most of the 2020 elements, but includes a few changes.
The Governance Element has been replaced by an Equity, Diversity, and Inclusion Element, meeting
new State requirements to address these issues (as well as environmental justice) in the General Plan.
The Sustainability Element from General Plan 2020 is treated as a “thread” that runs throughout the
General Plan, with policies and programs distributed over several elements. The Infrastructure Element
has been expanded to also cover Community Services, and the Community Design Element has been
expanded to more comprehensively cover Historic Preservation.
Like General Plan 2020, the updated General Plan retains a “Neighborhoods” Element. This Element
allows citywide policies to be expressed at a more fine-grained level by referencing specific locations and
priorities within approximately 30 distinct geographic areas. The General Plan also includes an
Introduction and a new “Framework” chapter that summarizes major trends shaping the city as well as
Guiding Principles.
The updated General Plan also retains the same basic outline for each Element. An initial section
provides “existing conditions” information about the topic. This is followed by numbered goals, policies,
and programs. The goals are broad, aspirational statements. The policies provide general direction on
day to day activities. The programs indicate specific actions to be carried out to implement the policies.
REPORT TO PLANNING COMMISSION Page 3
Case No: GPA16-001 & P16-13
Maps are included throughout the document to communicate policies spatially or provide background
data. The Plan also includes several appendices, including a Sea Level Rise Adaptation Report and an
Implementation Matrix identifying responsible parties and timing for key Plan programs.
As required by State law, General Plan 2040 also includes a future Land Use Map. The Map uses
roughly 20 color-coded categories to illustrate the land uses and densities (or intensities) permitted
across the San Rafael Planning Area. The Map provides the basis for San Rafael’s zoning map. Several
changes to the category definitions have been made through the General Plan Update, and a number of
categories on the 2020 General Plan Map have been merged. These changes will have little effect on
the built environment and very few substantive changes are proposed.
General Plan 2040 recognizes that San Rafael is a mature and mostly built out city. It does not propose
major changes to San Rafael’s physical form and reinforces existing land use policies. Future
development is focused on infill sites in Downtown, the Northgate (North San Rafael Town Center) area,
and the Southeast San Rafael commercial and industrial districts. A “sea level rise” overlay has been
added to the map, showing areas that may be impacted by sea level rise by 2050.
Key Work Products Now Available for Review
A project website (www.sanrafael2040.org) was created at the start of the General Plan Update process
and has been updated regularly throughout the project. The website includes a “Documents” tab that
includes a number of work products currently available for review.
The most important of these documents is a “Compendium of Policies” that includes the goals, policies,
and programs in General Plan 2040 as of May 2020. Minor revisions have been made to the
“Compendium” in response to public input received over the Summer (including comments from the
General Plan 2040 Steering Committee), but most of the content is current. The website also includes
the Draft Neighborhoods Element policies, which build on policies from General Plan 2020 with updates
that reflect input from neighborhood groups across the city. Also on the website is a series of “Existing
Conditions” reports covering topics such as land use, parks and recreation, demographics, and
environmental justice. The website also includes the Draft 2040 Land Use Map, which the Planning
Commission discussed in February 2020.
Downtown Precise Plan Overview:
In 2018, City of San Rafael received a $500,000 grant from the Association of Bay Area Governments/
Metropolitan Transportation Commission (ABAG/ MTC) to prepare a Precise Plan for Downtown San
Rafael. The intent was to update the existing Downtown Plan, which had been prepared in 1993, and to
incorporate the more recent Station Area Plan (2012) as well as other plans and studies for Downtown
completed over the last few years (Parking and Wayfinding Study, Bicycle and Pedestrian Master Plan,
etc.). The grant created “collateral” opportunities, such as updating the inventory of Downtown historic
resources, and developing new zoning regulations for Downtown that are more responsive to the area’s
context and scale.
The City retained Opticos Design as the Downtown Precise Plan consultant in January 2019. Opticos
surveyed existing conditions and convened a four-day design “charrette” in May 2019, soliciting input on
Downtown’s future from several hundred participants. They subsequently developed design concepts
and ideas, tested these ideas through a community process, and developed a draft Precise Plan.
Concurrently, an updated field survey of Downtown historic resources was completed, facilitating future
historic preservation activities while creating development streamlining opportunities on non-historic
sites. A Working Draft Plan for staff review was completed in April 2019. The Draft is currently being
revised for public release.
REPORT TO PLANNING COMMISSION Page 4
Case No: GPA16-001 & P16-13
The Draft Downtown Precise Plan includes nine chapters. Following an introduction and “existing
conditions” discussion, the Plan provides design principles for Downtown and an overall design vision for
the area. It identifies four Downtown subareas: (a) Transit Village; (b) Downtown Core; (c) West End
Village; and (d) Montecito Commercial area. Illustrative design concepts for each subarea show public
improvements such as new plazas and bike paths and private improvements such as infill development
and adaptive reuse of historic buildings. The Plan estimates the capacity for roughly 2,200 new housing
units and 2,000 new jobs in the Downtown Precise Plan area, representing roughly half of San Rafael’s
projected growth for the next 20 years. The overall intent of the design vision is to make Downtown more
walkable, attractive, economically successful, and sustainable, in part by infusing a large amount of new
housing in an area that has high-quality transit and is potentially less auto-dependent than other parts of
the city. Plan concepts include restoration and sea level rise adaptation activities along Mahon Creek
and the San Rafael Canal, and improvements to Irwin Creek (beneath the US 101 viaduct).
Chapter 5 of the Precise Plan covers historic preservation. The chapter describes the findings of the
2019 historic resources survey, identifies areas with high historic resource opportunities, and presents
recommendations for amending the City’s Historic Preservation Ordinance. It includes strategies to
effectively preserve historic resources, and to ensure that adaptive reuse of older structures makes
economic sense. Some of the recommendations are design-oriented and are later codified in the
proposed Form Based Code (Chapter 9).
Chapter 6 addresses Transportation and Parking. It evaluates the Downtown circulation system and
identifies improvements to make walking and bicycling safer and more convenient. It also responds to
vehicle circulation issues, and the need to improve access to transit (including “last mile” trips to and
from the Transit Center/ SMART station). The Plan incorporates the recent conversion of C and D
Streets from one-way to two-way traffic and recommends similar changes to B Street. It also
incorporates recent recommendations from the Third Street corridor improvement program and the 2018
Parking and Wayfinding study. Among the Plan’s recommendations are improvement of Tamalpais
Avenue as a bicycle and pedestrian greenway and public space connecting the Puerto Suello Hill bike
path and the Mahon Creek bike path. The Precise Plan provides a menu of potential strategies to
improve curbside management and respond to emerging transportation technologies.
Chapter 7 of the Precise Plan includes an affordable housing and anti-displacement strategy. The
chapter recognizes the importance of affordable housing to Downtown and the need to preserve existing
affordable housing resources in the area, which are substantial. The Plan incorporates density bonus
incentives for affordable housing and encourages 100% affordable projects as well as mixed income
projects throughout the area. Chapter 8 of the Plan provides an implementation strategy, including
economic development actions and potential capital improvements.
The final chapter of the Precise Plan is a Form Based Code. The Code is intended to replace existing
zoning regulations for Downtown, and is focused on the physical form (height, mass, bulk, setbacks, etc.)
of buildings rather than the uses that occur within those buildings. In some respects, the Code is more
flexible than the existing Code (particularly with respect to uses). In other respects, it is more
prescriptive, as it identifies specific requirements for building frontages, stepbacks (recessing of upper
floors), and treatment of historic properties. The trade-off for the prescriptive requirements is a
streamlined review process for conforming projects, and a more pedestrian-friendly building form that
respects and enhances the character of Downtown. The Form-Based Code includes numerous graphics
and illustrations of desired outcomes in each new zoning district.
Key Work Products Now Available for Review
The Downtown Precise Plan has not yet been released, but a number of interim and supporting work
products are available on the General Plan website. These include the Downtown Profile Report, the
Downtown Options Report (part 1) and (part 2), and a PowerPoint presentation highlighting the
REPORT TO PLANNING COMMISSION Page 5
Case No: GPA16-001 & P16-13
recommendations of the proposed Plan. In addition, Opticos has prepared a six-part video tutorial on
Form Based Codes for the City, which is available on YouTube.
EIR Overview:
As noted earlier, a program-level Environmental Impact Report (EIR) is being prepared to comply with
the California Environmental Quality Act (CEQA) and address potential impacts and mitigation measures
associated with adoption of the General Plan 2040 and Downtown Precise Plan. The EIR evaluates the
impacts of adding approximately 4,400 housing units and 4,100 jobs across the San Rafael Planning
Area over a 20-year period. These figures are roughly consistent with regional growth forecasts for San
Rafael. All required CEQA topics are addressed in the EIR. Where potential significant impacts are
identified, mitigation measures are identified. The EIR reflects recent State requirements for addressing
transportation impacts (SB 743), which prohibit the use of Level of Service (LOS) as a metric for
evaluating significant impacts and instead require the use of Vehicle Miles Traveled (VMT). The City
Council has held several hearings in the last year to discuss this transition.
Once the Draft EIR is released, a 60-day public comment period will begin. The Draft EIR will be
circulated to state agencies, as well as other local governments, service providers, special districts, and
Native American tribal representatives. Public comment also will be invited during this time. At the
conclusion of the comment period, written responses will be provided to comments and appropriate
revisions to the Draft EIR will be identified. A Final EIR (FEIR) will be prepared for Planning Commission
consideration and Council adoption.
Community Engagement:
A 24-member Steering Committee was appointed by the City Council in December 2017 to guide the
General Plan Update process. The City Council also appointed 22 alternates to backfill Committee
positions in the event of an absence. Commissioner Davidson represented the Planning Commission on
the Committee. Former Commissioner Schoppert was the designated Alternate, prior to his departure
from the Commission.
The Steering Committee met 25 times between January 2018 and June 2020. The last three meetings
took place virtually as Zoom webinars. All Committee meetings were open to the public and included a
public comment period. Each meeting was three hours long and included discussion of key planning
issues as well as existing and proposed goals, policies, and programs. Policies were developed through
an iterative process involving multiple rounds of review and comment by Committee members.
The Council’s appointments to the steering committee were structured to include a wide range of
advocacies within the City, in order for various opinions to be considered in the process. Given the
makeup if the Committee, a wide-ranging diversity of viewpoints was expressed at the Committee
meetings. As a result, not all policies represent a “consensus” opinion. One of the objectives of vetting
the Plan with the Committee through a process that included more than 75 hours of public meetings was
to reduce the burden of managing this process on the Planning Commission. Staff’s expectation is that
the Planning Commission will rely to a great extent on the excellent work done by the Steering
Committee, rather than revisiting issues that have already been heavily debated and discussed.
In addition to the Steering Committee meetings, Staff also convened community workshops on the
General Plan, including formal meetings at community centers and informal “pop-up” workshops at
Farmers Markets and the Downtown Art Walk. The outreach program also included storefront exhibits,
youth participation exercises, and attendance at numerous meetings of neighborhood associations, civic
organizations, and City boards and commissions. As previously noted, the City has maintained a
website for the project, including a link to a related interactive website where interested parties can
subscribe and weigh in on long-range planning issues. More than 300 residents are currently subscribed
to the website. Staff has also solicited input from other public agencies, such as the County, the School
REPORT TO PLANNING COMMISSION Page 6
Case No: GPA16-001 & P16-13
Districts, the Transportation Authority of Marin, and other cities. Community engagement also included a
Spanish language engagement program conducted in collaboration with Canal Alliance, with the
outcomes summarized in a survey report.
TENTATIVE SCHEDULE FOR COMMISSION REVIEW AND DISCUSSION
Staff has developed a preliminary schedule for release of the public review draft General Plan, Downtown
Precise Plan, and Environmental Impact Report. The Planning Commission is the formal hearing body for
these three documents and will make a recommendation to the City Council (via a series of Resolutions)
at the end of its hearing process. The City Council will then conduct additional hearings and is ultimately
responsible for adopting the Plans and the EIR.
While it is anticipated that all three documents will be adopted concurrently, staff is proposing staggered
publication dates. Specifically, the updated General Plan will be released on or around October 2, 2020.
The document will be posted to the project website at that time and may be downloaded by the public. We
anticipate release of the Draft Downtown Precise Plan and the Draft Environmental Impact Report (DEIR)
on or around November 13, 2020. The DEIR will be filed with the State Office of Planning and Research
(OPR) Clearinghouse at that time, beginning a 60-day public comment period that will conclude on January
14, 2021. These dates are tentative and are subject to change.
At this point, staff is proposing five to six Planning Commission hearings (excluding this briefing provided
on September 15). Staff anticipates that the Planning Commission will conduct its first public hearing on
the General Plan on October 27, focusing on the first half of the document. Its second public hearing will
be on November 12, covering the second half of the document (and follow-up to questions or earlier
comments about the first half).
The Commission will take up the Downtown Precise Plan at its December 15 meeting. The December
meeting will also provide an opportunity for follow-up on issues raised at the October and November
hearings on the General Plan. An opportunity to provide comments on the EIR will be available at the
January 12, 2021 meeting. The January 12th meeting will also provide an opportunity for follow-up
discussion on the Downtown Precise Plan, primarily on the Form Based Code. If needed, another meeting
on the Form Based Code and final direction on the Downtown Plan will be scheduled for January 26, 2021.
Commission action on resolutions forwarding your recommendation on the General Plan, Downtown
Precise Plan, and EIR to the City Council would occur in March 2021, following completion of the Final EIR
and any necessary revisions to the General Plan and Downtown Precise Plan. It is expected that major
issues will be resolved through the Commission hearings, allowing for a smaller number of Council
hearings. Council hearings are projected to occur in April and May, with adoption in May.
City Council input would also be solicited through at least two progress reports that would occur
concurrently with the Planning Commission hearings (October 2020 and February 2021). The progress
reports provide a forum for City Council input, an opportunity to update the Council on the Planning
Commission hearings, and another forum for public comment.
CORRESPONDENCE
No correspondence has been received on this Staff Report.
ATTACHMENTS
While there are no attachments to this Staff report, the report itself includes numerous web links to work
products developed over the course of the project that may be of interest.