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Home My WebLink AboutDRB 2021-11-16 Agenda Packet Design Review Board Regular Meeting Tuesday, November 16, 2021, 7:00 P.M. AGENDA Virtual Meeting Watch on Webinar: https://tinyurl.com/drb-2021-11-16 Telephone: (669) 900-9128 Meeting ID: 835-3174-3214# 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 held virtually using Zoom. How to participate in the meeting: • Submit public comments in writing. Correspondence received by 5:00 p.m. the Wednesday before this public hearing will be provided with the agenda materials provided to the Board. Correspondence received after this deadline but by 5:00 p.m. the day of the hearing will be conveyed to the Board as a supplement. Send correspondence to the project planner and to planningpubliccomment@cityofsanrafael.org • Join the Zoom webinar and use the 'raise hand' feature to provide verbal public comment. • Dial-in to Zoom's telephone number using the meeting ID and provide verbal public comment. Any member of the public who needs accommodations should contact the City Clerk (email city.clerk@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 RECORDING OF MEMBERS PRESENT AND ABSENT APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS PUBLIC NOTIFICATION OF MEETING PROCEDURES ORAL COMMUNICATIONS FROM THE PUBLIC Remarks are limited to three minutes per person and may be on anything within the subject matter jurisdiction of the body. Remarks on non-agenda items will be heard first, remarks on agenda items will be heard at the time the item is discussed. CONSENT CALENDAR The Consent Calendar allows the Board to take action, without discussion, on Agenda items for which there are no persons present who wish to speak, and no Board members who wish to discuss. 1. Approval of the Design Review Board Meeting Minutes of October 19, 2021 Recommended Action – Approve minutes as submitted 2. 800 Mission Ave. (“Aegis Living San Rafael”) – Review final details on the upper- story stepback along the Mission Avenue elevation, the landscaping of all outdoor common areas (patios and terraces), and the articulation to the north elevation of an approved 103-room/105-bed residential care facility with memory care services located on two vacant parcels at the northwest corner of Lincoln and Mission Ave. A Use Permit and an Environmental and Design Review Permit were approved for the project, subject to conditions, on October 12, 2021 APNS: 011-184-08 & -09; T4N 40/50 zone; ASC San Rafael, LLC, owner; Geoff Forner, applicant; File No.: UP21-006 and ED21- 022 Project Planner: Steve Stafford Steve.Stafford@cityofsanrafael.org OTHER ITEM 3. 52/54 Fremont/Marquard – Final Design Review on the practicability of planting Coast Redwoods on the project site as part of a request for a Lot Line Adjustment for property line adjustment, Exception and Environmental and Design Review for: a change in the existing lot configuration, a new 2,492 square-foot, single-family residence on the newly created vacant lot; the conversion of an existing residence which would result in a new 1,554 square foot residence with a 1,104 square foot internal accessory dwelling unit, and an exception for minimum natural state and front and side yard setbacks on the proposed Fremont Road lot; APN: 012-043-11 and 12-043-12; Single-family Residential (R10) District; Applicants: Private Money Management Group LLC, Orange Beacon Mkt., owners; File No(s). LLA18-005/ED18-066/ED20-044/EX19-010 Project Planner: Dave Hogan Dave.Hogan@cityofsanrafael.org 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 city.clerk@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. Minutes subject to approval at the meeting of November 16, 2021 Design Review Board Regular Meeting Tuesday, October 19, 2021, 7:00 P.M. MINUTES Virtual Meeting Watch on Webinar: https://tinyurl.com/drb-2021-10-19 Telephone: (669) 900-9128 Meeting ID: 835-3174-3214# 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 held virtually using Zoom. How to participate in the meeting: • Submit public comments in writing. Correspondence received by 5:00 p.m. the Wednesday before this public hearing will be provided with the agenda materials provided to the Board. Correspondence received after this deadline but by 5:00 p.m. the day of the hearing will be conveyed to the Board as a supplement. Send correspondence to the project planner and city.clerk@cityofsanrafael.org • Join the Zoom webinar and use the 'raise hand' feature to provide verbal public comment. • Dial-in to Zoom's telephone number using the meeting ID and provide verbal public comment. Any member of the public who needs accommodations should contact the City Clerk (email city.clerk@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 Paul Board Member Kent Board Member Kovalsky Vice Chair Rege Board Member Summers Absent: Board Member Blayney Also Present: Leslie Mendez, Planning Manager Krystle Rizzi, Project Planner CALL TO ORDER Chair Paul called the meeting to order at 7:00 p.m. He then invited Planning Manager Leslie Mendez to call the roll. All board members were present, except for Member Blayney. APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS None PUBLIC NOTIFICATION OF MEETING PROCEDURES Chair Paul invited Planning Manager Leslie Mendez who informed the community that members of the public would provide public comment either on the telephone or through Zoom. She explained the process for community participation on the telephone and Zoom. Chair Paul reviewed the procedures for the meeting. ORAL COMMUNICATIONS FROM THE PUBLIC None CONSENT CALENDAR Chair Paul invited public comment; however, there was none. Member Kent moved and Member Kovalsky seconded to approve the Minutes as submitted. 1. Approval of the Design Review Board Meeting Minutes of October 5, 2021 Approved minutes as submitted AYES: Members: Kent, Kovalsky, Rege & Chair Paul NOES: Members: None ABSENT: Members: Blayney ABSTAIN: Members: Summers Motion carried 4-0 ACTION ITEMS 2. 1580 Lincoln Avenue (San Rafael Inn) ED21-008; EX21-011; SE21-004; UP21-003; V21-002 for demolition of a non- operational garden center and construction of a new, four-story, 46-room boutique hotel with 38 parking spaces, and guest amenities including a café located at the intersection of Lincoln Ave/Grand Ave. The project is requesting Variances to reduce the minimum front and street side setbacks, reduce the minimum landscaping requirements, and reduce parking stall dimensions. In addition, the project requests an Exception to exceed the maximum lot coverage, and a Sign Exception to exceed the maximum allowable sign area; APN: 011-075-13; Multi-Family Residential (HR1) Zone; Robert Sauvageau of RYS Architects, Inc., Applicant; 1580 Lincoln, LLC, Owner; Lincoln/San Rafael Hill Neighborhood. Project Planner: Krystle Rizzi, Consulting Planner Krystle Rizzi, Krystle.Rizzi@cityofsanrafael.org Krystle Rizzi, Project Planner presented the Staff Report. Staff responded to questions from the Members. Applicant Team gave a presentation. Applicant Team responded to questions from the Members. Chair Paul invited public comment. Speakers: Amy Likover, Bhagya Bakshi, Patty Trosclair, Nina Lilienthal-Murphy, Lincoln- San Rafael Hill Neighborhood Association, David Hampton Members provided comments. Discussion among the Members regarding consensus items. Planning Manager Leslie Mendez summarized the Members’ consensus items: • Revise the lot coverage to comply with the 10% maximum allowable exceedance of the Exception • Work to increase the pedestrian experience at the ground level, especially along Lincoln Avenue by working with Public Works to increase landscaping in the ROW, including a landscape buffer between the sidewalk and street, as opposed to the 10-foot wide paved sidewalk; and potentially meeting the required setback on Lincoln • Revise the landscape plan to eliminate the invasive Palm species Member Summers moved and Member Rege seconded to continue the project to allow the applicant to work with Staff to respond to the consensus items as outlined by the Planning Manager and then bring it back to the Design Review Board. AYES: Members: Kent, Kovalsky, Rege, Summers & Chair Paul NOES: Members: None ABSENT: Members: Blayney ABSTAIN: Members: None Motion carried 5-0 DIRECTOR’S REPORT Planning Manager reported on the following items: • City Council passed ADU Urgency Ordinance in effect for 45 days; Staff needs to come back with replacement ADU Ordinance • City Council approved contract for two new fire stations Planning Manager gave an update on discussion with Marin Water regarding conservation ordinance COMMISSION COMMUNICATION None ADJOURNMENT Chair Paul adjourned the meeting at 8:57 p.m. ___________________________ LINDSAY LARA, City Clerk APPROVED THIS _____DAY OF____________, 2021 _____________________________________ LARRY PAUL, Chair Community Development Department – Planning Division Meeting Date: November 16, 2021 Case Numbers: UP21-006; ED21-022 Project Planner: Steve Stafford – (415) 458-5048 Agenda Item: 2 REPORT TO DESIGN REVIEW BOARD SUBJECT: 800 Mission Ave. (“Aegis Living San Rafael”) – Review final details on the upper-story stepback along the Mission Avenue elevation, the landscaping of all outdoor common areas (patios and terraces), and the articulation to the north elevation of an approved 103-room/105- bed residential care facility with memory care services located on two vacant parcels at the northwest corner of Lincoln and Mission Ave. A Use Permit and an Environmental and Design Review Permit were approved for the project, subject to conditions, on October 12, 2021; APNS: 011-184-08 & -09; Multifamily Residential – High Density (HR1) District Zone; Geoff Forner, Applicant; ASG San Rafael, LLC, Owner; Downtown Neighborhood. BACKGROUND On June 8, 2021, the Design Review Board (Board) reviewed and unanimously (5-0 vote) recommended approval to the Planning Commission (Commission) a project proposing to construct a new 103-room/105-bed residential care facility with memory care services, located at the northwest corner of Lincoln and Mission Avenues, subject to the following conditions: 1) Provide additional stepback of the upper-story along the Mission Ave elevation; 2) Update the landscape plan to show the proposed landscaping at all outdoor common areas (patios and terraces); and 3) The applicant is encouraged to explore providing greater articulation to the north elevation to help break up perceived visual bulk. The Board requested these design changes be incorporated into the project plans prior to Commission review and return for final review, as a consent calendar item, after Planning Commission approval. On October 12, 2021, the Commission reviewed and approved (5-1-1 vote; Previtali no; Harris absent) the project, subject to conditions which included final consent calendar review of the recommended design changes. ANALYSIS Upper-Story Stepback Board Recommendation. Provide additional stepback of the upper-story along the Mission Ave elevation. Staff’s Comments. The project has been redesigned to provide greater stepback of the upper-story along the Mission Ave. elevation. The previous design provided primarily a 2-foot stepback of the 5th floor along the Mission Ave. elevation. The redesign pulls back a majority of the residential rooms 8 feet from the building edge to create private terraces. This is in addition to the previous removal of two residential rooms to stepback the upper-story away from the dome tower feature and create a new common outdoor terrace on the 5th floor. 2 August 2021 DRB Design 3 October 2021 Planning Commission Approved Design 4 Site Landscaping Board Recommendation. Update the landscape plan to show the proposed landscaping at all outdoor common areas (patios and terraces). Staff’s Comments. The project plans have been updated to provide comprehensive landscape plans for the ground-level as well as common outdoor terrace areas at the rear of the 2nd floor and along building edge of the 5th floor (See Sh. 12-16 of the approved plans for site landscape details; Exhibit 1). The project is required to landscape 50% of the required front and street side setbacks or 1,921.5 sq. ft. of street front landscaping. The project provides 2,743 sq. ft. of street front landscaping. In addition, the project provides site landscaping throughout outdoor terraces located on the 2nd and 5th floors. This landscape plan provides a cohesive plant palette through a combination of new trees, shrubs and grasses, vines and seasonal (i.e., annuals and perennials) plantings. The site landscaping proposes to remove all five (5) existing street trees along the Lincoln Avenue frontage and install three (3) replacement trees (36”-box size). Greater Articulation Board Recommendation. The applicant is encouraged to explore providing greater articulation to the north elevation to help break up perceived visual bulk. Staff’s Comments. The project plans have been updated to provide greater articulation and interest to the north elevation, including: the upper-story is heighted with belly band trim, distinct exterior color (light tan) and additional windows (See Sh. 9.1 of the approved plans, “North Elevation – Proposed”; Exhibit 1). This is in addition to the previous addition of a 3-story architectural metal trellis feature to match a similar trellis located along the west elevation. 5 August 2021 DRB Design October 2021 Planning Commission Approved Design 6 NEIGHBORHOOD CORRESPONDENCE Notice of the Board’s final review of details 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, the appropriate neighborhood groups (Lincoln/San Rafael Hill Neighborhood Association and the Federation of San Rafael Neighborhoods), and all other interested parties, a minimum of 15 calendar days prior to the date of this continued Board meeting. Additionally, notice was posted on the site at the corner of Lincoln and Mission Avenues, a minimum of 15 calendar days prior to the date of this Board meeting. At the time of the distribution of staff’s report to the Board, staff had received one (1) written comment as a result of the noticing. The comments in support of the project believe “…the design is an asset to our city and reflects our Mission heritage.” These comments are attached as Exhibit 2. CONCLUSION Planning staff believes the level of details provided meets the Board’s prior recommendations and improves the overall design of the approved project. EXHIBITS 1. Approved Project Plans (https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2021/09/Aegis-San-Rafael-PC- revisions_9.01.21.pdf) 2. Public Comments cc: ASG San Rafael, LLC – C/o Bryon Ziegler (email only) Geoff Forner (email only) 1 Community Development Department – Planning Division Meeting Date: November 16, 2021 Case Numbers: LLA18-005/ED18-066/ ED18-044/EX19-010 Project Planner: David Hogan 408-809-9513 Dave.hogan@cityofsanrafael.org Agenda Item: 3 REPORT TO DESIGN REVIEW BOARD SUBCOMMITTEE SUBJECT: 52/54 Fremont/Marquard – Final Design Review on the practicability of planting Coast Redwoods on the project site as part of a request for a Lot Line Adjustment for property line adjustment, Exception and Environmental and Design Review for: a change in the existing lot configuration, a new 2,492 square-foot, single-family residence on the newly created vacant lot; the conversion of an existing residence which would result in a new 1,554 square foot residence with a 1,104 square foot internal accessory dwelling unit, and an exception for minimum natural state and front and side yard setbacks on the proposed Fremont Road lot; APN: 012-043-11 and 12-043-12; Single-family Residential (R10) District; Applicants: Private Money Management Group LLC, Orange Beacon Mkt., owners; File No(s). LLA18-005/ED18-066/ED20-044/EX19-010 PROPERTY FACTS Location General Plan Designation Zoning Designation Existing Land-Use 52 Fremont Low Density Residential R10 Vacant (except for the garage) 54 Fremont Low Density Residential R10 Single-family Residence North: Low Density Residential R5 Single-family Residence South: Low Density Residential R10/R20 Vacant/Single-family Residence East: Low Density Residential R5 Single-family Residence West: Low Density Residential R5 Single-family Residence SUMMARY The purpose of this item is to share the previous conclusions of the Subcommittee and consider whether or not the planting of Coast Redwoods is feasible, and if so, where on the site should some be planted. The project consists of a Lot Line Adjustment, two Environmental and Design Review Permits, and Exception for the lots addressed as 52 and 54 Fremont Road. The Lot Line Adjustment would create one lot fronting on Fremont Road and one fronting on Marquard Avenue. On the new Upper Lot (54 Fremont Road), the existing single-family residence would be renovated to add an accessory dwelling unit. The size of the existing structure would be reduced with the removal of two parts of the structure. In the Lower Lot (Marquard Avenue) a new single-family residence would be constructed (with reversed front and rear yard setbacks). This project includes the construction of retaining walls to create two guest parking spaces adjacent to Marquard Avenue. Both environmental and design review permits include the installation of additional landscaping and bio-retention basins. The purpose of this item is to affirm the previous conclusions of the Subcommittee and consider whether or not the planting of Coast Redwoods is feasible, and if so, where on the site should some be planted. On December 4, 2018, the Design Review Board (Board) reviewed the proposed project and continued the project review to a future meeting with the following consensus comments: SAN RAFAEL THE CITY WITH A MISSION 2 • General design (architecture, colors and materials) is appropriate. • The visual scale of the retaining walls along frontage should be reduced by breaking the single wall plane into a series of smaller wall planes which step back, add treatment to either clad or color in an earthtone/woodtone, and add landscaping at the base of the retaining walls and/or above. • Landscaping should be all native species with an irregular, more natural planting configuration. • Replace the proposed California Buckeye tree species with a more appropriate alternative. • Replace proposed 5-gallon tree sizes with larger container size trees. • Incorporate greater stepback along the frontage; the applicant is encouraged to explore pursuing a front setback waiver to help achieve greater stepback. • The applicant is encouraged to investigate and respect the historic drainage pattern on the sites and the potential presence of an underground spring on the sites. • The applicant should use a holistic approach with respect to development of both lots and include a proposal for the 54 Fremont lot to reduce the number of required exceptions. Following the Boards review of the project, the applicants made the changes to the project. These changes include the following: • Adjusted the location of the new parcel line to create more regularly shaped parcels with lot areas that match the current parcels; • Added covered parking in the driveway of the 54 Fremont Road residence (which was later removed from the project plans); • Reduced the size and modified the design of the Marquard Avenue residence; • Reduced the impacts to the significant trees (10 trees impacted was reduced to 8 trees); and • Proposed the rehabilitation of the existing residence at 54 Fremont. A Subcommittee of the Design Review Board considered the revised project on October 7, 2020. At that meeting the Subcommittee felt that the proposed Lot Line Adjustment and site design demonstrated the effective use of the site. The Subcommittee also recommended the following revisions,: • Recommended replacing proposed tree species; and • Incorporate additional landscaping on the upper lot. Following the Subcommittee’s review of the project, the applicant made the following changes to the project. • Replaced the proposed California Nutmeg trees with the Western hazelnut; and • Added additional landscaping on the upper lot (this is shown on Sheet VMP 1.0). The Planning Commission considered this project on September 28, 2021. At the meeting, the Commission voted 7-0 to recommend that the City Council approve the project. However, the Commission requested that the Design Review Board consider the placement of additional coast redwoods, if feasible, based upon recommendations from the project’s landscape architect. At the request of the Planning Commission, the applicant’s landscape architect Gary Balcerak evaluated the feasibility/desirability of replanting coast redwoods on the project site. After Based upon the project 3 landscape architect, Coast Redwoods are not recommended to be part of the Project landscaping for the following reasons: 1. Coast redwoods grow to such a large size that only one or two could be appropriately planted on-site; 2. The proposed planting of understory trees (i.e. the Western Hazelnut) would create a more naturalistic appearance; and 3. The use of Coast Redwoods would require the use of more water for irrigation than is allowed by the City’s Water Efficient Irrigation requirements of the Marin Municipal Water District (per SRMC Section 14.16.370). For that reason, the landscape architect does not recommend the planting of Coast Redwoods. A copy on the memorandum is included as Exhibit 1. A link to the project plans reviewed by the Planning Commission is included as Exhibit 2. BACKGROUND Site Description & Setting: The project site consists of two single family lots in the West End Neighborhood within the R10 zoning district. Because both lots have average slopes greater than 25% and are classified as hillside lots. As a result, the lots are subject to the hillside development standards. In 2006 the City issued a Certificate of Compliance which confirmed that these lots were deemed to exist as separate legal lots of record. The lots were created in 1913. Both lots are bordered by Fremont Road on the south and Marquard Avenue on the north. There is an existing pedestrian path to the west of the property. The lot identified as 54 Fremont is currently developed with a single-family residence that encroaches into the front and side yard setbacks. The structure is actually built over the existing lot line between the two parcels. Primary access to the existing residence is provided by Fremont Road. Fremont Road is a single lane. The existing travel lane is approximately 12 feet in width (except for a somewhat wider turnaround are located in front of 54 Fremont Road). There is no parking along Fremont Road since the current road width is too narrow. Marquard Avenue fronting the property is also narrow, though the roadway width is wider than Fremont Road. North of the project site Marquard Avenue widens out the closer it gets to 4th Street. The lot identified as 52 Fremont is currently developed with a one-car sized garage located at the end of a 32-foot long driveway connecting to Fremont Road. If the project is approved, the driveway and existing garage would become part of the proposed upper lot. There are a number of significant trees on the property, eight of these trees, along with about three quarters of the smaller trees, would be removed to accommodate the proposed development (see plan set Sheet T-1). The existing and proposed development conditions for each parcel are provided in the following tables. The information on the existing lots are for comparison purposes and are “greyed out” to make the evaluation of the proposed project easier. The existing setbacks for the 52 Fremont/Marquard Avenue lot are for the existing garage. 4 Table 1: 54 Fremont Road Minimum Required or Maximum Allowed Existing Lot (in Comparison) On the Proposed Lot Compliant Y/N Lot Size 10,000 sq. ft. 8,643 sq. ft 8,643 sq. ft N (No Change) Average Lot Slope - 35.36% 40.69% - Max Gross Building Area (2,500 square feet + 10% lot area) 3,364 sq. ft. 3,072 sq. ft. 3,130 sq. ft. (1) Y Minimum Natural State (25% + 40.69% (lot slope)) 65.69% 5,678 sq. ft. 56.4% 4,875 sq. ft. 57.07% * 4,933 sq. ft N (but an increase in natural state) Lot Coverage 40% 27.4% 35.66% Y Height 30 feet 19 feet 23.4 feet Y Stepbacks Cannot exceed 20 feet over more than 25% of the length of each building side unless stepped- back a minimum of 5 feet Side West – 0% Back(2) – 0% Side East – 0% Side West – 0% Back(2) – 0% Side East – 0% Y Y Y Parking 2 0 2 (Tandem) Y Guest Parking 2 0 0 N (No change) Setbacks Front 20 feet 11.1 feet 11.1 feet * N (No change) Rear 10 feet 76 feet 10 feet Y Side-East 10 feet 0 feet (3) 36.8 feet (4) Y Side-West 10 feet ±0.5 feet 5.7 feet * N * - Exception Requested. Notes: (1) Includes both the 1,554 square foot single-family residence and 1,104 square foot accessory dwelling unit; plus a 232 square foot garage that existed on the adjacent lot. (2) Fremont Road is above front elevation, so the front elevation does not meet the uphill elevation stepback condition. (3) The existing residential structure is built over the existing property line. (4) For primary residential structure only, existing garage structure is closer to the property line. 5 Table 2: 52 Fremont Road (Marquard Ave.) Minimum Required or Maximum Allowed Existing Lot (in comparison) On the Proposed Lot Compliant Y/N Lot Size 10,000 sq. ft. 6,587 sq. ft. 6,587 sq. ft. N (No change) Average Lot Slope - 46.33% 39.42% - Max Gross Building Area (2,500 square feet + 10% lot area) 3,159 sq. ft. 232 sq. ft 2,492 sq. ft. Y Minimum Natural State (25% + 39.42% (lot slope)) 64.42% 4,243 sq. ft. 89.9% 5,917 sq. ft. 64.7% 4,264 sq. ft. (1) Y Lot Coverage 40% 3.5% 30.3% Y Height 30 feet 10 feet 26.7 feet Y Stepbacks Cannot exceed 20 feet over more than 25% of the length of each building side unless stepped- back a minimum of 5 feet 0% Side West – 0% Front – 0% Side East – 0% Y Y Y Parking 2 n/a 2 Y Guest Parking 2 n/a 2 Y Setbacks Front 20 feet 13 feet 10 feet (2) N Rear 10 feet 126 feet 19.8 feet Y Side-East 10 feet 4.5 feet 10 feet Y Side-West 10 feet 30 feet 37 feet Y Notes: (1) Includes approximately 1,155 square feet of landscaping along the frontage of Marquard Avenue. (The Natural State without the landscaped area would be only 3,114 square feet in area.) (2) Applicant is proposing that the front setback be reduced and added to the rear yard setback per SRMC Section 14.12.030.B. PROJECT DESCRIPTION & ANALYSIS Site Plan: The proposed site plan includes a lot line adjustment to modify the two existing lots into an upper lot (54 Fremont) accessed from Fremont Road and a lower lot (Marquard Avenue) that is vacant and will be accessed from Marquard Avenue. The realignment of the property line between the two parcels is similar to the design of the realigned lots east of the project site, where the upper lot fronts on Fremont Road, the lower lot fronts Marquard Avenue. 54 Fremont Road Lot: This lot is currently developed with a single-family residence provides 4,875 square feet of natural state, where 5,678 square feet of natural state would be required. The applicant proposes to renovate the existing 2,840 square foot residence to add an accessory dwelling unit. The partially rebuilt/renovated structure would contain a 1,554 square feet single-family residence on the upper level and a 1,104 square foot accessory dwelling unit on the lower level. The combined area of the proposed remodeled building would be 2,658 square feet and is smaller in total area than the existing residence with the removal of portions of existing rooms on the south and west sides. Natural State Discussion. Portions of the reconfigured upper lot are graded and terraced and therefore no longer qualify as natural state. Plans submitted for review reflect a natural state of 4,933 square feet 6 where 5,678 square feet is the minimum required. The applicant is proposing to reduce the size of the structure and plant additional landscaping along with a “Natural State Seed Mix” to enhance the natural environment. With the proposed natural state rehabilitation, the site would have a net increase in the amount of natural state. The DRB Subcommittee felt that the additional landscaping enhanced the natural state, and given the small size of the parcel recommended, an exception for natural state should be approved. Required Yard Discussion. The existing residence is located within the front and side yard setbacks. The existing structure is 11.1 feet from Fremont Road within the required front yard. The applicant is requesting that this existing condition be acknowledged with the requested exception. The west side yard setback (adjacent to the pedestrian path) also does not meet the minimum required 10-foot. The actual distance between the structure and the property line appears be less than one foot. To increase the size of the existing setback, the applicant is proposing to remove part of the existing structure closest to the property line. This would increase the size of the setback to 5.7 feet. The DRB previously recommended that exceptions for the required yard setbacks be approved. Finally, the residential structure is also located within east side yard setback since the existing residence is built over the property line. The proposed lot line adjustment will move the lot line farther away from the existing structure so that no exception is required for this setback. Marquard Ave Lot: The proposed Lot Line Adjustment would create a vacant lot fronting on Marquard Avenue. The proposed single-family residence includes a lower-level garage (at the street level) with two stories above. The top level would have direct access into the rear yard. Two guest parking spaces parallel to Marquard Avenue would be provided between the proposed residence and the pedestrian path. As shown in Table 2 above, the proposed lot line adjustment and resulting development on the lower/Marquard Avenue lot would result in a natural state area of 4,264 square feet, where at least 4,243 square feet is required. This amount of Natural State includes 1,155 square feet of non- manicured landscape plantings which enhance the natural environment. This lot complies with the minimum natural state requirements. The DRB Subcommittee supported considering the proposed landscaping be considered as part of the Natural State. Architecture: 54 Fremont Road Lot: The reconstruction proposed for the upper lot (54 Fremont Road) would not significantly alter the existing architectural design. The architecture of the existing residence at 54 Fremont Road is an early example of the Minimal Traditional style. This style involves structures that are generally one-story in height with low-pitched roofs having little or no roof eave overhang. The exteriors usually have very minimal architectural detailing. The architectural style of the existing 54 Fremont Road residence would not be changing with this renovation. The DRB has previously determined that the changes improve the architectural design of the structure and site design of the development. Marquard Ave Lot: The architecture for the new Marquard Avenue residence is a mountain cabin style that includes shingle siding and exposed rafters giving the building an alpine feel. The roof contains multiple gabled surfaces. The street-level consists of the steps to the front door and the wooden garage door with small windows. The two upper floors are stepped back to reduce the visual mass. Massing is broken up by the front porch which shelters the front door on the left side of the building. and a central stepback created by balcony decks for each floor facing Marquard Avenue. The project proposes development of the lower lot up to 30-feet in height above the existing ground surface. The structure provides articulation in the following ways: • Roof lines include a combination of hips and gables at different heights. • The garage is pushed back beyond the bulk of the building 7 • The retaining wall that forms the back wall of the guest parking and provides a landscape terrace in front of the residence on the right side of the building. This retaining wall is designed as a living wall. • The entry stairs provide exterior access to the building, but also contribute to breaking up the mass on the left side of the building. • The upper floor is stepped back by 5 feet. This area will also function as an upper story (master bedroom) deck. • Trellis features are located over the entry steps at the left side of building as well as on the right side of the building. The DRB Subcommittee determined that previous changes improved the architectural design of the structure and site design of the development. Gross Building Square Footage: 54 Fremont Road Lot: The existing 2,840 square foot residential structure on the upper lot is being reduced to 1,554 square feet plus a 1,104 square foot accessory dwelling unit (a total of 2658 square feet). However, when combined with the 232 square foot garage the total gross building square footage equals 3,072 square feet, which is less than the maximum allowable area of 3,362 square feet and less than presently exists. Marquard Ave Lot: The building on the lower lot is proposed to be developed with a gross building area of 2,492 which is less than maximum allowable area of 3,158 square feet. Landscaping: 54 Fremont Road Lot: The upper lot contains no landscape plantings beyond the existing trees and patches of ruderal vegetation (in areas that are not excessively shaded by the existing trees) and in natural state rehabilitated areas between the existing structure and Fremont Road. The project plans show that additional landscaping, similar to what is proposed for the Marquard Avenue lot. Most of this new landscaping is located north of the existing garage and includes four new Western Hazelnut trees. This additional landscaping was added at the request of the DRB. Marquard Ave Lot: The landscape plan includes extensive plantings along Marquard Avenue on either side of the proposed residence. The Plans show six 15-gallon Western Hazelnut trees will be planted in this area. Four of the trees will be planted on the east side of the residence to provide privacy screening to the existing house located east of the Marquard Avenue residence. The proposed shrubs include Pacific Northwest natives including, Spice Bush, Salal, Salmonberry, Snowberry, and Evergreen Huckleberry. The project plans propose to remove eight coast redwoods with diameters of 12” or more that would be affected by the construction. The DRB previously supported the proposed landscaping scheme (with an earlier replacement of the proposed tree species). Site Retaining Walls: 54 Fremont Road Lot: No additional retaining walls are proposed for upper site. Marquard Ave Lot: The project will require retaining walls, approximately eight to ten feet in height, at the front of the property to accommodate the two additional guest parking spaces. The DRB previously determined that the modified retaining walls were acceptable. 8 General Plan 2040 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 2020 General Plan, including policies and programs identified in the following elements: Land Use, Housing, Neighborhoods, Community Design, Circulation, 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 2). Land Use Policies The proposed new 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. Existing residences in the West End neighborhood and specifically along Marquard Avenue and Fremont Road feature varied architectural styles and building setbacks. Proposed colors and materials are designed to blend with the sites natural wooded setting. The proposed buildings are consistent with hillside development standards and guidelines and fits in with the established character of the neighborhood. The lower residence incorporates varied wall planes and building stepbacks which break up the massing of the structure and blend in with the natural grade of the hillside location. General Plan policy H-16 (Second Units) encourages the construction of secondary (accessory) dwelling units. The existing residence fronting Fremont Road proposes to include an ADU on the ground floor. Neighborhoods Policies Similar to General Plan policy H-2, Policy NH-2 (New Development in Residential Neighborhoods) 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 is located in an area containing a diverse collection of residential structures containing a wide range of architectural styles. The project site includes an existing two-story residence located below the elevation of Fremont Road. The existing structure has been in the area for longer than most of the surrounding residential structures. The partial rebuilding of the existing residence would not significantly alter the exterior of the building. The architecture, of the proposed new residence adjacent to Marquard Avenue involves wood shingled exterior walls (above the concrete foundation) and with exposed rafters. The effect of the design is of a home located in a rural mountain environment and respects the character and privacy of adjacent properties. The proposed design incorporates stepbacks and landscaping to help the new structure fit into its proposed location and is recommending that the project be approved. Project components associated with construction of the new residence include widening portions of Marquard Avenue in front of the new residence to improve access and the provision of the required four off-street vehicular parking spaces. Community Design Policies General Plan program 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, about half would be retained. The San 9 Rafael Hillside Design Guidelines require tree replacement at a ratio of 3:1 unless the Design Review Board determines that site conditions warrant a different tree replacement ratio (citation). The proposed landscape plan proposes to plant eleven new would require 19 replacement trees onsite. However, given the size of the lot as well as the number of onsite existing trees, this replacement ratio is not practical, and many of trees replanted onsite at this ratio were not likely survive to maturity because of the overcrowding. The DRB Subcommittee weighed in on this topic and recommended that instead of planting additional trees the applicant upgrade the landscape design to provide additional landscaping. In response the applicant revised the landscape plan to include additional landscaping on the upper lot. Safety Policies General Plan policies S-5 (Minimize Potential Effects of Geological Hazards) and S-7 (Minimize Potential Effects of Landslides) are applicable to the development of this site. To implement these policies, the applicant has submitted a preliminary geotechnical assessment was prepared. The preliminary assessment indicated the presence of shallow soils and evidence of historic soil creep, a form of very slow-moving landslide. The project has been conditioned to provide a building permit process study based for the approved project to identify specific measures needed to comply with the requirements of the building code. Zoning Ordinance Consistency: 54 Fremont Road. The project conforms to the requirements for gross building square footage and building height requirements. However, the project will require an exception for front and west side yard setbacks and for minimum natural state. The proposed front yard setback would match the existing setback distance from Fremont Road. The west side yard setback is being increase from less than one foot to approximately 5.7 feet. Because the structure already exists, no additional parking is required. Also, because the existing lot is smaller than the required 10,000 square feet, the project cannot provide the required minimum natural state. With the approval of the requested exceptions, the project will comply with the Zoning Ordinance. Marquard Avenue Lot. As noted in the development summary table, the project proposed on the Marquard property would comply with the R10-H zoning district development standards as well as the development standards of the Hillside Development Overlay including building heights, stepbacks, parking. San Rafael Design Guidelines: The San Rafael Design Guidelines serve as a guide for evaluating development. The project is a single- family residential project. The project complies with the following criteria: • Where necessary to replicate existing patterns or character of development, design techniques should be used to break up the volume of larger buildings into smaller units. For example, a building can be articulated through architectural features, setbacks and varying rooflines to appear more as an aggregation of smaller building components. • Transitional elements, such as stepped facades, roof decks and architectural details that help merge larger building into an existing neighborhood should be used. • Adjacent buildings should be considered and include transitional elements to minimize height differences. • There should be a clear, well-defined sense of entry from the street to the building. • The placement and size of windows in the building should be consistent with the overall building design and the neighborhood streetscape. Where windows do not reflect an existing pattern, greater attention should be paid to other means such as balcony overhangs, porches, materials, colors, etc. of articulating the façade. • Window proportions should be consistent with the proportions of the building & with other windows. • Windows should overlook the street, parking & public areas to permit surveillance. 10 • Limit the intensity of lighting to provide adequate site security and for pedestrian & vehicular safety. • Shield light sources to prevent glare and illumination beyond the boundaries of the property. • Lighting fixtures should complement the architecture of the project. The project incorporates terraces, varied roofline and building stepbacks that break up the volume of the building into smaller units. There are a variety of building styles with varying setbacks in the West End neighborhood and throughout San Rafael. Except as noted above, the proposed building complies with the current hillside development standards. The entry to the building is provided by well-defined stair access. Windows and decks provide visibility to the street on all sides of the street frontage. Light fixtures would be required to comply with the City’s lighting requirements. NEIGHBORHOOD CORRESPONDENCE Recent correspondence received on the project are included in Exhibit 3. NEXT STEPS Following the Design Review Boards recommendation on providing additional redwood trees as part of the site landscaping, the project will be scheduled for consideration by the City Council. EXHIBITS 1. Memorandum on the Use of Coast Redwoods, dated 10-12-21 2. Project Plans: https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2021/09/Planning -Submittal_11_2020-002.pdf 3. Correspondence MEMORANDUM DATE: October 12, 2021 TO: Leslie Mendez and David Hogan FROM: Gary Balcerak RE: 52 Fremont Road, San Rafael CC: Millard Arterberry and Mark Hanf This memo has been prepared to explain the reasoning behind why coast redwood (Sequoia sempervirens) trees were not recommended as mitigation trees in the Planting Plan proposed for 52 Fremont Road. Because coast redwood trees are proposed to be removed to construct the residence it may seem reasonable to use the same species as mitigation trees. However, there are a number of reasons I feel this would not be appropriate. Generally speaking, it is the desire to get as many mitigation trees on-site as possible. Coast redwood trees are very large at maturity, the site would only support the planting of a couple of these trees. By using understory trees, the current proposal is to plant seven western hazelnut (Corylus cornuta) trees. Additionally, it is my professional opinion that the understory trees will create a more naturalistic feel, which was a point the Design Review Board (DRB) emphasized. The DRB was supportive of using understory trees, but they had a keen interest in what tree species was used. Ultimately, it was the DRB that wanted the western hazelnut (Corylus cornuta) used as mitigation trees. There is also the consideration that the landscape design cannot exceed the Maximum Applied Water Allowance (MAWA) established for the project. Coast redwood trees are rated as high water consumers. If two of these trees were to be used in lieu of the western hazelnut trees, and the rest of the design remained as is, the MAWA would be exceeded by 28%. While it would be possible to redesign the landscaping and meet the MAWA, the plant palette would be driven by the water calculations, and the overall design would change considerably. There is also the issue of the ongoing drought we are experiencing. The Marin Municipal Water District currently has water use limits and penalties. They are also informing people, when their landscape plans are approved that: “current restrictions, set forth by Drought Ordinance 452, limit watering with drip irrigation to two-days per week; overhead spray is limited to one day per week. These irrigation limitations are inadequate to establish new plant material. New planting will be required to comply with these and any future watering restrictions.” Given that the drought conditions will continue (and by LANDSCAPE ARCHITECTURE • URBAN FORESTRY BALCERAK DESIGN 555 Fifth Street, Suite 300-B Santa Rosa, CA 95401 Page 2 October 12, 2021 52 Fremont Road, San Rafael some predictions get worse), the use of plants heavily dependent on irrigation does not seem suitable. Lastly, I would point out that with very few exceptions all woody plants, including trees perform much better when planted in groups rather than isolated individuals. There are a number of biological reasons for this. One main reason is because the roots will graft together and work as a system. This allows the stronger more vigorous members to support the weaker ones by sharing resources. When viewing a group of trees, you are not seeing a bunch of individuals that are growing adjacent to each other, instead, you are looking at a living system where the individual trees are members of a collective. For these reasons I support the landscape design as presented. Please contact me should you have any questions or need to discuss this matter further, thank you. 1 Dave Hogan From: Diane McCurdy Sent: Tuesday, November 9, 2021 9:43 PM To: Leslie Mendez <Leslie.Mendez@cityofsanrafael.org> Cc: Distrib- City Clerk <City.Clerk@cityofsanrafael.org> Subject: Save Our Redwoods! 52-54 Fremont/Marquard Project, San Rafael 94901 To: Design Review Board, Leslie Mendez, Planning Manager Please have my attached letter included in correspondence for 52-54 Fremont/Marquard Project scheduled for Design Review Board hearing on Nov 16, 2021. I heartily support the efforts to SAVE the redwoods on this property (as well as those at the top of Upper Fremont, on a separate lot, currently up for sale, and any others in jeopardy!) for a number of reasons, such as: • carbon sequestration and our current climate CRISIS! This may seem like a small consideration in comparison with the global situation; however, at this point in time, EVERY tree makes a difference...and it's the pattern of destruction that is continuing in San Rafael, and globally, that is disturbing. • Studies show that coast redwoods capture more carbon dioxide (CO2) than any other tree on Earth. A typical tree will sequester about 1 ton of carbon in its lifetime. A coast redwood will sequester 250 tons of carbon. Just one coast redwood has the ability to absorb as much carbon as 250 "regular" trees. When redwoods are cut down, burned, or degraded by human actions, they release much of their stored carbon back into the atmosphere. And, they can no longer transform CO2 into the oxygen we breathe. • In addition to the issue of carbon sequestration, these mature trees provide much-needed shade in summer, HOMES to our local owls, hawks, song birds, squirrels, and more!....they are a VITAL part of our ecosystem • they are effective at holding the hillside soil in place, especially during heavy winter storms I have lived with my family for 16 years in this neighborhood, and I cherish the beauty, tranquility, cleaner air and vital habitat that our redwood forests provide....PLEASE find an alternative solution to destroying these trees! Is there really a need to cram another (large!) house onto this lot?!? What is the long-term outcome? Thank you for your time and consideration. Would you please send me verification of receipt? Sincerely, Diane [McCurdy] Faulkner 1 Dave Hogan From: Lynn and Christer Janson Sent: Tuesday, November 9, 2021 12:28 PM To: Distrib- City Clerk <City.Clerk@cityofsanrafael.org> Subject: Concerning project 52-44 Fremont/Marquard Dear City Clerk of San Rafael, We urge you to not allow the redwoods to be cut down for the project at 52-54 Fremont/Marquard. We live in the neighborhood and we do not agree to this happening here. Please find another way to build on this plot of land without disturbing these trees. Please have this letter included in any planning meeting going forward. Please send me verification of receipt. Sincerely, Lynn Millar San Rafael, CA 94901 1 Dave Hogan From:Liza Sent:Monday, November 8, 2021 5:16 PM To:Dave Hogan Subject:Public comment on 52/54 Fremont St. Attachments:trim.31911E54-3A46-418A-B82A-1D066F265695.MOV; D0867B76-32D5-4C7D- B4FE-801BCEAD2DBA.jpeg; 4895B4FA-6545-4BC0-B8C6-798E10E8306A.jpeg Dear Mr. Hogan/DRB, I am the owner of a downhill property at I observed the planning commission meeting for 52/54 Fremont in September and was shocked by the commission's rubber stamp of the design for these properties. The commission seemed to think only of the right of property owners to develop, not whether the size and scale of their design fits the steep, narrow, forested lots they plan to build on. My home on Marquard Ave is 1,300 square feet; this is the scale of nearly all the properties on the hillside. The designs for 52 and 54 Fremont are approximately 3,000 sq. ft. each, more than twice the size of other homes on the street. (In addition, they plan to incorporate a 1,100 sq. ft. ADU, with no parking space, on a narrow hillside street with no street parking, where emergency vehicle access is already extremely challenging.) These owners purchased the lots at foreclosure; their interest is in "flipping" them, maximizing their profit margin by building the largest allowable homes. While that is their legal right, the city council and the DRB have review power, for the important reason that profit and maximum development are not the only values at hand. Our city also values natural beauty, open space, and community. Please decline to grant the hillside and natural state exceptions these owners are seeking. These lots are narrow and steep, and San Rafael's hillside design guidelines prioritize maintenance of mature trees. Exceptions to Hillside Standards specifically require the applicant to demonstrate that they are protecting significant trees. The giant homes designed for 52/54 Fremont include removal of 9 mature coast redwood trees which presently stabilize the hillside. An enormous amount of water flows down our hill during storms, and most of it is poorly handled, flowing in waterfalls around corners and puddling at the storm drains (see attachments from the minor storm 11/1/2021). Mature trees on the slope absorb water and contribute to the stability of the steep hill by holding soil in place. They also provide nesting and foraging habitat for birds, including the red-shouldered hawk which lives on our street, and the northern spotted owls which nest on the summit of our ridge. The trees grace our hillside and provide charm to our tiny neighborhood, clustered between the ridgetop and the 6-lane road through the valley. Please revise the design to spare this grove of trees, and to provide homes that are congruent in size and scale with our neighborhood. Thank you for your attention to my comment. Sincerely, Elizabeth Ryan San Rafael MARIN COUNTY GROUP Protecting the Marin environment since 1968 scmaringroup@gmail.com San Rafael Design Review Board City Clerk Lindsay Lara 1400 Fifth Ave., Rm. 209 San Rafael, CA 94901 lindsay.lara@cityofsanrafael.org Leslie.Mendez@cityofsanrafael.org RE: Tree removal on 52-54 Fremont Ave Dear San Rafael Design Review Board: The Sierra Club Marin Group and its 6600 members understand that we are facing a climate crisis and that every decision matters. San Rafael has developed its own Climate Change Action Plan but when it comes to individual projects and decisions, this thoughtful plan should be taken into account but often isn’t. The dangers of climate change need to be seriously considered in every decision or we will not emerge from this climate crisis. This means that business as usual, which got us into this crisis, can no longer be our default position. It is a well-known fact that trees sequester carbon, cool the urban landscape, filter water into the ground protecting us from both drought and fire, are habitat to many species, prevent erosion on steep slopes, and are aesthetically and spiritually uplifting. Yet we are cutting these amazing trees down at a terrifying rate, and we are paying the price globally and locally. Protective ordinances are lacking, are inadequate or have no teeth for enforcement. This is the situation before you at 52 and 54 Fremont, where the corporate LLC owners are asking to remove 9 redwood trees in total--8 of which are significant--including 7 significant trees from a grove of 12, which will decimate that grove. We are asking you to deny this poorly designed plan that would require so many healthy and significant trees to be cut down. This tree removal is ill advised for multiple reasons: ●The landowners have split the lot contrary to its original layout in order to build a second house. This is not good for the hillside or the homes directly downslope. This lot is very steep (40% slope). Redwood trees grow together, supportively, where the roots under the ground join together to hold fast the entire group against wind, rain and storms. On steep slopes, their branch structure also prevents erosion and landslides by attenuating rainfall so that it slowly soaks in. Their needles capture sierraclub.org/san-francisco-bay/marin MARIN COUNTY GROUP Protecting the Marin environment since 1968 scmaringroup@gmail.com and absorb fog and mist, which helps send water in the ground which is especially important in drought years. Removing any of these trees would be very detrimental to the group as a whole, and the applicant’s plan calls for removing 9 of the 12. In addition, the new 2-story house is being placed in a runoff swale to be excavated for the basement/garage. It is located directly across the narrow road and uphill from 20 and 20A Marquard Ave. With the proposed new home situated in swale, with its impermeable roof and other surfaces shedding water, and its base 51 feet downhill from Fremont Road, a storm as severe as we had on Oct 24, 2021 on this 46.4977 foot average slope could channel more runoff faster than the proposed drainage system and street culvert can manage. If that happens, runoff could flow into 20 and/or 20A creating an unknown amount of water damage (See Exhibits 1-6). ●Large trees seldom need watering. Replacement trees do. In an era of increasing temperatures and less rainfall, it is urgent to preserve large trees as a shield against higher temperatures and predicted less frequent but possibly more intense storm events. This is a public good which requires the city to draft ordinances and permits that protect large trees on private property as well as protect the city managed trees. It requires the leadership to say “no” to poorly conceived development plans that aim solely to make a profit without addressing the inevitable negative consequences of those plans which would then fall to the city and its residents and downslope homeowners to pay for. ●The Climate Change Action Plan calls for individuals to plant trees . However, 1 preserving existing trees is even more imperative. Removing mature trees and replacing them with many small trees is not good enough as it takes years to replace the climate benefits of a mature tree. The timeline to lessen the effects of climate change is only a few years. We need to preserve all mature trees that are healthy. In the CCAP, the City of San Rafael has pledged to help by supporting the urban forest. We urge you to include educating and supporting the public in valuing, protecting and preserving their own trees, as private property is a significant portion of our urban forest. ●In the CCAP section on Carbon Sequestration, the plan recognizes the value of trees: “In addition to adaptation strategies, this section contains measures to sequester carbon dioxide through planting and preservation of trees and 1 https://www.sanrafaelclimateaction.org/sequestration-and-adaptation/ sierraclub.org/san-francisco-bay/marin MARIN COUNTY GROUP Protecting the Marin environment since 1968 scmaringroup@gmail.com other vegetation and the development of carbon-rich soils…we recognize that sequestration is a critical component to meeting our carbon reduction goals.”2 It is worth noting that redwood trees are one of the best carbon sequestering trees we have and deserve and require our protection: “A typical tree will sequester (remove from the atmosphere) about 1 ton of carbon in its lifetime. A coast redwood will sequester 250 tons of carbon.Just one coast redwood has the ability to absorb as much carbon as 250 "regular" trees.”3 And from the California Park Service: “This process, called carbon sequestration, is something California’s redwoods do better than just about any other species on the planet…Undisturbed forests do the best job at sequestering carbon. Cutting down trees inevitably alters carbon storage, and releases carbon dioxide into the air….Twenty percent of greenhouse gas emissions come from deforestation …”4 ●The Urban Heat Island effect is real. Other cities have planted additional large trees and seen a significant cooling, which protects lives from extreme heat events. From the US EPA: “Trees, green roofs, and vegetation can help reduce urban heat island effects by shading building surfaces, deflecting radiation from the sun, and releasing moisture into the atmosphere.”Trees on private property provide the same 5 services, reducing need for cooling (saves energy) and watering (saves water). We need to strengthen the codes that protect these vital ecosystem services by protecting our healthy mature trees. ●This project is subject to the Hillside Design Guidelines (HDG) which states that 6 "new hillside residential development should preserve or protect unique or special natural features of the site" such as "mature trees," and that "Mature Trees should be retained and integrated into new hillside residential development." Existing trees over 12 inches in diameter are considered significant resources to be preserved (HDG, IV.A1-3.a). "Site development plans should demonstrate that a diligent effort has been made to retain as many significant trees as possible" (HDG, IV.A2-2). 6 https://www.cityofsanrafael.org/documents/hillside-design-guidelines-hillside-residential-development-pro jects/ 5 https://www.epa.gov/green-infrastructure/reduce-urban-heat-island-effect 4 https://www.parks.ca.gov/?page_id=26107 3https://www.forbes.com/sites/trevornace/2019/07/29/best-way-to-fight-climate-change-clone-3000-year- old-redwoods/?sh=4ae4dc2f3c33 2 https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2019/06/Att-D-CCAP-2030-Final-Draft-4-23 -19.pdf sierraclub.org/san-francisco-bay/marin MARIN COUNTY GROUP Protecting the Marin environment since 1968 scmaringroup@gmail.com In assessing the number of trees and specific trees for removal, the Design Review Board should consider "the necessity to remove a significant tree in order to construct proposed improvements to prevent extreme economic hardship (emphasis added) to the owner of the property" (HDG, IV.A2-2.a.2). Planting design for Hillside development should include efforts to "retain existing tree groupings and specimen trees to incorporate them into new development." The applicant has NOT shown a diligent effort to retain these trees and has not shown that he will suffer "extreme economic hardship" as a result. The applicant needs to design the new house to include and respect the beauty of the redwood grove, even if it means building a smaller house. In 2006, a prior owner proposed building a 1,500 square foot house on the existing lot referred to as 52 Fremont and only required the removal of 1 redwood tree on the other lot. In addition, a tree management plan should be provided detailing necessary protection and sufficient monitoring of trees both during and post construction (GP2040, Program C-1.17B). The City has the authority to create zoning, require permits, and ban certain activities in the interest of promoting the public good. Surely our survival counts, and our survival is in jeopardy by reckless extractive policies that do not prevent environmental damage. This will take a radical effort to change our thinking, our policies and to manage our wants in order to protect ourselves from prior rules and behaviors that no longer serve. San Rafael has done the policy work in the CCAP; it now needs to do the vitally necessary work of getting into the weeds of planning ordinances and permits in order to codify these larger goals into day-to-day operations. The Redwood tree is California’s state tree and deserves additional protection for that reason alone. We respectfully request that you apply the Hillside Design Guidelines design criteria and standards for tree preservation and removal when reviewing this project, recognizing San Rafael's newly adopted Climate Emergency Declaration for reducing greenhouse gases (on Sept 20, 2021). We urge you to consider this project as a start to implement this vision created in the City's CCAP and the recently adopted General Plan 2040. Sincerely, Jinesse Reynolds Chair, Sierra Club Marin Group cc: San Rafael City Council sierraclub.org/san-francisco-bay/marin MARIN COUNTY GROUP Protecting the Marin environment since 1968 scmaringroup@gmail.com Exhibits: 1 - 6 from MarinMaps.com and Google Earth. 1. 52 Fremont: Lot shows swale and contour lines dropping 51 feet to Marquard Ave. below. 2. 54 Fremont Lot shows contour lines also dropping about 50 feet to Marquard Ave. Part of the swale at the bottom of the slope will be used to create space for a new home that will have an entry on Marquard. sierraclub.org/san-francisco-bay/marin MARIN COUNTY GROUP Protecting the Marin environment since 1968 scmaringroup@gmail.com 3. Current home 54 Fremont, with garage. Note the steep slope which continues down hill to swale for the proposed new home that will have an entry on Marquard, not Fremont. sierraclub.org/san-francisco-bay/marin MARIN COUNTY GROUP Protecting the Marin environment since 1968 scmaringroup@gmail.com 4. Story poles showing location of new home 52 Fremont with permanent entry on Marquard Street across from 20 & 20 A. sierraclub.org/san-francisco-bay/marin MARIN COUNTY GROUP Protecting the Marin environment since 1968 scmaringroup@gmail.com 5. Neighboring houses on Marquard: uphill to left of story poles, 54 Fremont uphill to right of story poles, 20 & 20 A down hill to left from story poles and staircase bottom right. sierraclub.org/san-francisco-bay/marin MARIN COUNTY GROUP Protecting the Marin environment since 1968 scmaringroup@gmail.com 6. Neighboring house on Marquard: uphill to left of story poles, 54 Fremont uphill to right of story poles, 20 & 20 A down hill to left from story poles and staircase bottom right. sierraclub.org/san-francisco-bay/marin MARIN COUNTY GROUP Protecting the Marin environment since 1968 scmaringroup@gmail.com sierraclub.org/san-francisco-bay/marin From: Linda Sent: Sunday, November 7, 2021 5:50 PM To: Leslie Mendez <Leslie.Mendez@cityofsanrafael.org> Cc: Lindsay Lara <Lindsay.Lara@cityofsanrafael.org> Subject: Fremont/Marquard Project To: Leslie Mendez, Planning Manager Lindsay Lara, City Clerk David Hogan, Project Planner I have lived in the West End neighborhood since 1976, so I have seen many changes and weather patterns over the years. Atmospheric rivers have initiated mudslides and eroded streets, but the landscape has remained pretty constant in this old neighborhood of small to moderate-sized houses, a leafy, woodsy neighborhood of steep streets and wary drivers where visibility can be low. But the beauty of the neighborhood more than compensates for the windy narrow streets, and much of the beauty of Marquard and Fremont Streets is due to the majestic stand of redwood trees, which is why the plan to remove nine redwood trees to build the project at 52-54 Fremont Rd. is entirely unacceptable. These trees are guardians of the neighborhood, capturing more C02 than any other kind of tree and providing a valuable habitat for birds and insects. They are drought resistant and beneficial for slope stability, providing necessary erosion control on these steep slopes. Furthermore, the intended house is dangerous, situated on a blind curve in the narrow road and completely out of scale with other neighborhood houses. I do not object to new housing in my neighborhood, but I strongly object to the eradication of a treasured redwood grove to accommodate it. Redesign this project and save these redwood trees or abandon this ill-conceived plan. Please have my letter included in correspondence for 52-54 Fremont Project scheduled for Design Review Board hearing on Nov. 16, 2021 and send me a verification of receipt. Very truly yours, Linda Lieberman San Rafael November 8, 2021 Leslie Mendez, Planning Manager City of San Rafael Community Development Dept. 1400 Fifth Ave San Rafael, CA via email: Leslie.Mendez@cityofsanrafael.org RE: 52-54 Fremont Rd Project File No. ED18-066/LLA18-005/ED20-044/EX19-010 Parcel Nos. 012-043-11 and 012-043-12 Dear Leslie: I am providing these comments for the 52-54 Fremont Rd Project scheduled for review by the Design Review Board on November 16, 2021. I am requesting that these comments and attached documents be added to the packet sent to the Design Review Board, in anticipation of the meeting on November 16, 2021. I represent a large contingent of concerned neighbors and citizens who strenuously object to the removal of the grove of existing redwood trees to facilitate construction of a new single- family residence on Marquard Ave. I submit the attached list of signatures for your review, as well as the original petition document. The list of signatures is organized into three categories. 1 - the list of all signatures we have received totaling 671 signatures, 2 - all Marin County signatures totaling 362, and 3 - the list of signatures from San Rafael residents totaling 206. As you can see, there is broad support for saving these trees and requesting the applicant develop a plan that allows for a residence to be built that does not require the destruction of this redwood grove. The trees slated for removal are part of a 12-tree grove of redwood trees. Due to the shared root system of these trees, removing some of these trees impacts all of them. The massive root system of these trees has tremendous benefit to erosion control and slope stability. With each winter storm we have what amounts to a river that cascades down this hillside. Furthermore, with regard to the drought, mature redwoods require very little water, as compared to newly planted trees that require copious amounts of water until they are established. While removing these trees may technically fall within the approved current Design Review Board rules, I beseech each of you to look at the bigger picture of what is the RIGHT thing to do. With all that we now know about our climate emergency, cutting down almost 100 year old trees and replacing them with new ones is not a sound responsible decision. Please do the right thing - ask the applicant to revise their design and save these trees. I appreciate your consideration of my comments and review of the submitted documents. Thank you, Maren DeGraff San Rafael, CA 94901 cc: Dave Hogan, Contract Planner Alicia Giudice, Community Development Director Lindsay Lara, City Clerk SAN RAFAEL SIGNATURES - 206 Christine Rickerby San Rafael CA 94901 US 8/17/2021 Jalynne Allen San Rafael CA 94901 US 8/17/2021 Jessica Harris San Rafael CA 94903 US 8/17/2021 Judy Schriebman San Rafael CA 94903 US 8/17/2021 Linda Lieberman San Rafael CA 94901 US 8/17/2021 Nora Webb San Rafael CA 94901 US 8/17/2021 Susan Bradford San Rafael CA 94901 US 8/17/2021 Victoria DeWitt San Rafael CA 94901 US 8/17/2021 Alex Rockas San Rafael CA 94901 US 8/18/2021 Aline O'Brien San Rafael CA 94901 US 8/18/2021 Anastasia Fiandaca San Rafael CA 94901 US 8/18/2021 Barbara Corley San Rafael CA 94901 US 8/18/2021 Barbra Bergstrom San Rafael CA 94901 US 8/18/2021 Beth Niles San Rafael CA 94901 US 8/18/2021 Carmen Gamper San Rafael CA 96749 US 8/18/2021 Chamnith Nou San Rafael CA 94901 US 8/18/2021 Cheryl Nice San Rafael CA 94901 US 8/18/2021 Chris Lauzon 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The plans also slate 9 mature redwood trees for removal in order to accommodate a new house fronting Marquard. Lot Line Adjustment and the Natural State Requirement: The size of the new house on Marquard and the footprint of the existing house after substantial reconstruction will determine where the new lot line will be located because both newly reconfigured lots are required to comply with the Natural State Requirement of the Hillside Design Guidelines, per SRMC 14.12.030-C. “Natural State” is defined as all portions of the lot that remain undeveloped and undisturbed. Diveways, parking areas, structures, and patios are not included in the “Natural State”. Alicia Giudice, the current Community Development Director, stated in her letter to the applicant, dated August 31, 2017: “In addition, because the lots were historically developed as one development which appears to currently comply with the natural state requirement, the proposed lot line adjustment can only be approved if you can demonstrate that both lots will meet the natural state requirement.” The first Design Review Board meeting for this project was on November 19, 2019, to review the proposed lot line adjustment and new house fronting Marquard. No upgrades for the existing house at 54 Fremont were included. No ADU was included. At that meeting the DRB commented that: “The Board has difficulty supporting the findings for the proposed Exceptions to both Natural State and Gross Building Square Footage; the applicant is encouraged to reduce the size of the project and/or the configuration of the LLA to eliminate the required Exceptions”. Since this review, the applicant has reduced the size of the Marquard house and added substantial improvements to the existing house at 54 Fremont, increasing lot coverage by more than 22% (per chart on sheet AS100 of Plans dated 11/20/2020, (2899 – 2368)/2368) which reduces the Natural State. This project is requesting an exception to the Natural State Requirement when all previous projects on this hillside have complied with all Hillside development standards, including the Natural State and parking, such as: 31 Upper Fremont, built in 1997; 75 Upper Fremont, built in 2004; 79 Upper Fremont, built in 2004; and 38 Upper Fremont, approved last year. Alex Rockas, a homeowner and neighbor, was advised by the City that he wouldn’t be able to get an Exception to the Natural State for a remodel project at his home so he reluctantly eliminated 120 sq’ in order to comply. Why are two Finance LLCs, located outside of San Rafael, given preferential treatment over a homeowner and resident of San Rafael and all other developers on this hillside? Where is the equity in that? On October 7, 2020, a DRB subcommittee reviewed this project with only 2 members, Jeff Kent and Stewart Summers1. No minutes were recorded, only file notes. The DRB subcommittee doesn’t constitute a quorum and because this project is requesting an Exception to the Natural State requirement, only a quorum of the Design Review Board can recommend approval to the City Council for this project, per SRMC 14.12.040. Exceptions to Hillside development standards must meet very specific criteria, per SRMC 14.12.040 A & B, as follows (underlining and bolding have been added for emphasis): A. The project design alternative meets the stated objectives of the hillside design guidelines to preserve the inherent characteristics of hillside sites, display sensitivity to the natural hillside setting and compatibility with nearby hillside neighborhoods, and maintain a strong relationship to the natural setting; and B. Alternative design solutions which minimize grading, retain more of the project site in its natural state, minimize visual impacts, protect significant trees, or protect natural resources result in a demonstrably superior project with greater sensitivity to the natural setting and compatibility with and sensitivity to nearby structures. This project, as proposed, does not meet the criteria for approval of an Exception. It proposes to decimate an old grove of 12 Redwood trees by removing 7 of them, 2 of these being the largest ones in the grove (35 – 37” DBH), and threatening 2 more located on the downhill side of the existing house, leaving only 3, that may not survive the extensive disruption to their integrated root system. Redwood tree roots are very shallow and they thrive in groves where the roots can intertwine and even fuse together which gives them tremendous strength, forming a network of connected root systems with other trees. Coast Redwoods are one of the oldest tree species in the world and provide extensive environmental benefits. ADU, Parking, and Plan Discrepancies An ADU of 1,100+ sq’ is proposed for 54 Fremont without upgrading parking. It should be noted that the City Council adopted a moratorium on October 18, 2021, which prohibits ADUs on Fremont Road. To comply with the moratorium, the ADU should be removed and drawings should be revised before further review by the DRB and a recommendation to the City Council for final approval. The chart on sheet AS100 also states that 54 Fremont has no existing parking and that the proposed changes will include 2 covered parking spaces, 1 garage and 1 carport. Both are incorrect! The existing garage has always been used by permanent occupants of the house at 54 Fremont. There are no proposed upgrades to the parking for 54 Fremont and so will only include the existing single-car garage. There is no carport. Given the substantial improvements being proposed for the existing house, there should be comparable upgrades to the parking. In addition, I have been advised by Planning that the building square footage provided on the chart on Sheet AS100 is correct and the square footage shown on the floor plans (1A-100, 101, and 102) has not been updated and is incorrect. Coast Redwood Tree Grove and Design Review: There is no change to the number of redwood trees slated for removal from the previous plans, which continues to be 9 mature trees, 8 of them significant (>12” DBH) and 7 that are part of a grove of 12 redwood trees, with 2 additional redwoods being threatened by the major construction work now being proposed for the existing house, leaving only 3 trees out of the grove of 12 that are not being directly threatened by this project but may suffer indirectly from the impacts of construction and tree removal. The Design Review Board is being asked to approve an Environmental and Design Review (EDR) Permit for this project. The “first and foremost” purpose of an EDR is to “maintain a proper balance between development and the natural environment.” (SRMC 14.25.010 A.) REVIEW CRITERIA for an Environmental and Design Review Permit include the following (per SRMC 14.25.050): 14.25.050-B. Consistency with Specific Plans. 1) Hillside Design Guidelines Manual: IV.A1. Site Design Process, ◦ A project should display sensitivity to the natural hillside setting ◦ Preserve or protect unique or special natural features of the site, such as mature trees ◦ Mature Trees should be retained and integrated into new hillside residential development. ◦ Existing trees over 12 inches (measured at 4’6” above the root crown) in trunk diameter are considered significant resources to be preserved. ◦ Identify significant or unique vegetation grouping which contributes to the character of the site IV.A2. Preservation of Significant Trees ◦ “Significant Tree” shall mean any tree which is in good health and form and is more than 12 inches in diameter as measured 4’6” above the root crown is considered a “significant tree.” ◦ Site development plans should demonstrate that a diligent effort (emphasis added) has been made to retain as many significant trees as possible. ◦ Criteria for Removal includes: 1. The necessity to remove a significant tree in order to construct proposed improvements to prevent extreme economic hardship (emphasis added) to the owner of the property. 2. The topography of the land and the effect of the significant tree removal on erosion, soil retention, and the diversion or increased flow of surface waters. IV.A8. Planting Design for Hillside Residential Development “Efforts should be made to retain existing tree groupings and specimen trees to incorporate them into new development.” 2) General Plan 2040: San Rafael is designated a TREE CITY USA and recognizes the value of protecting, maintaining, and expanding our tree canopy. Newly adopted General Plan 2040 tree programs and policies include the protection and preservation of our trees, especially the California Redwood that was designated the official state tree of California by our state legislature in 1937. Policy C-1.16: Urban Forestry. Protect, maintain, and expand San Rafael’s tree canopy. Trees create shade, reduce energy costs, absorb runoff, support wildlife, create natural beauty, and absorb carbon, making them an essential and valued part of the city’s landscape and strategy to address global climate change. Tree planting and preservation should be coordinated with programs to reduce fire hazards, reduce greenhouse gas emissions, expand solar opportunities, and ensure public safety, resulting in a community that is both green and fire-safe. Program C-1.17A: Tree Preservation. Revise Chapter 11.12 of the Municipal Code (Trees) or add a new Code section that defines protected and heritage trees and establishes permit requirements and procedures for tree protection, removal, and replacement. The regulations should strongly support the protection of California redwoods (Sequoia sempervirens) and other native trees. A tree management plan should be prepared to provide necessary protection and sufficient monitoring of trees during and after construction: Program C-1.17B: Tree Management Plan. Require a tree management plan prior to approval of development with the potential to remove or substantially impact trees. The Plan should be prepared by a licensed arborist using published standards and practices for protecting and monitoring tree health during and after construction. When trees are removed, the replacement trees should provide equivalent environmental and biological benefits: Program C-1.17C: Mitigation for Tree Removal. Continue to implement mitigation requirements for tree removal in new development. When necessary, this could include planting of trees in locations other than the project site, planting native trees in lieu of non-natives, or reducing the footprint of proposed development. Tree replacement should be based on a value that is equal to or greater than the carbon footprint and ecological benefits of the trees being removed. Ecological benefits include water conservation, absorption of runoff, reduction of air pollution, energy reduction from shade and cooling effects, soil retention, slope stabilization, and wildlife support. 14.25.050-D. Competent Design. This is a challenging site. The owners may consider hiring a licensed architect to advise the design team on how to preserve the Redwood Grove and comply with all Hillside regulations. In 2007, a prior owner submitted plans prepared by a licensed architect for 2 new homes on this site, that complied with all Hillside requirements including the natural state, setbacks and parking, PLUS a fire truck turnaround and only required the removal of one 17” redwood tree. Project plans subject to a major environmental and design review permit must be signed by a licensed architect. 14.25.050-G. Landscape Design. The natural landscape should be preserved in its natural state, insofar as practicable, by minimizing grading and tree and rock removal. In addition, SRMC 14.25.090 C, “Findings must be made that the project design minimizes adverse environmental impacts”. Note: This is a requirement not an option. You must make this finding that adverse environmental impacts are minimized. Removing 9 redwood trees and threatening 2 more on the site maximizes the negative environmental impacts of this project and cannot be ignored. Arborist Report: The Arborist Report prepared by Balcerak Design dated April 5, 2019, for 52 Fremont, describes redwood trees #1 as touching the existing residence (at 54 Fremont). Both tree #1 and #2 are extremely close to the existing house which currently has an open post and pier foundation with exposed dirt and some lattice connecting the posts. These trees are dismissed in the arborist report as not located on the subject property. However, since this report was done, the applicant has added major reconstruction to the existing house at 54 Fremont including the pouring of a new foundation. The arborist report does not include an evaluation of tree #1 and #2 nor any protection of these trees during the pouring of the foundation, putting these trees at risk. This expanding project puts the entire redwood grove at risk of being totally decimated. The arborist defers responsibility of tree protection to the General Contractor who is expected to inform all subcontractors and other individuals, whether work related or not, about tree protection requirements. The arborist is placing the General Contractor in a position for which he is not trained or qualified and the arborist only requires that he be notified if an “unexpected condition” arises. The arborist should be responsible for the protection of the trees throughout the project. He should be required to be on-site to oversee the installation of the protective measures, during the excavation and grading of the site to ensure proper protection of the trees, and make periodic site visits to ensure that all protective measures are being followed and remain in place. The arborist should also periodically inspect the site for a reasonable time period after construction to ensure the ongoing health of the trees. Drainage Report A “drainage review” dated May 1, 2019, was submitted by the Balcerak Design, a licensed landscape architect, for 52 Fremont only. This “review” did not include the entire project area which includes 54 Fremont. A Hydrology Study should be prepared by a civil engineer for the entire project site. Ali Giudice states in her letter to the applicant dated August 31, 2017, that the formal application shall include a Hydrology report. Geotechnical Review A Geotechnical Peer Review report was prepared by Scott Stephens, a geotechnical engineer for Miller Pacific Engineering on January 25, 2021. He comments that the existing house at 54 Fremont appears to be leaning in the downhill direction. This report requests a written response from Reese & Associates, the project engineer, for 9 geotechnical issues raised in his report. As of the date of this letter and after my repeated requests to Planning staff to upload the Reese & Associates written response to these 9 items, it is still NOT available for public access on the project website. Also included in this report, Scott Stephens states: "We recommend that the following item be responded to at the planning level of the project. 1) Clarification should be made that the project includes both the upgrade/remodel of the existing residence and the new structure. If both are included, the geotechnical report should be updated to include recommendations both structures and updated debris flow hazard mitigation measures. The civil plans should also be updated to include preliminary grading, drainage, and existing utility connection for 54 Fremont." My understanding is that Planning staff does not intend to follow this recommendation. In summary, these are my recommendations for your consideration: 1. All redwood trees need to be preserved and protected, especially the 12-tree redwood grove (trees #1 - #12 on the tree plan, Sheet T1.0). 2. Both reconfigured lots must comply with all Hillside development standards, including the Natural State requirement. 3. The Arborist report needs to be updated to include the entire project, including tree #1 and #2 4. The ADU needs to be removed with a revised plan for the remodel of the existing house at 54 Fremont. 5. Additional parking needs to be addressed for 54 Fremont. 6. The Reese & Associates report needs to be updated to include 54 Fremont. 7. The Reese & Associates written response to the 9 geotechnical issues raised by the Miller Pacific peer review must be made available to the public. 8. The new Lot line needs to be straight to avoid maintenance and/or boundary disputes between future owners (See memo from Public Works dated February 27, 2019). Thank you for your consideration of my comments. Sincerely, Victoria DeWitt cc: Alicia Giudice, Community Development Director 1 A Petition for the recusal of Stewart Summers from participating in the Design Review of this project has been submitted to the DRB November 10, 2021 Design Review Board c/o Leslie Mendez, Planning Director City of San Rafael 1400 Fifth Ave San Rafael, CA. via email: Leslie.Mendez@cityofsanrafael.org and Lindsay.Lara@cityofsanrafael.org RE: 52-54 Fremont/Marquard Project File No. ED18-066/LLA18-005/ED20-044/EX19-010 Parcel Nos. 012-043-11 and 012-043-12 Chair Larry Paul and Design Review Board members: Attached to this letter is a Petition to recuse Stewart Summers from participating in the review of any and all Hillside Projects that come before the Design Review Board. This Petition includes the names of 53 residents from the West End and Gerstle Park neighborhoods that support his recusal. The 52-54 Fremont/Marquard project is subject to the Hillside Design Guidelines and is requesting an Exception to the Natural State Requirement. For reasons stated in the Petition, it is important that Stewart Summers recuse himself from participating in the review of this project which is currently scheduled for the Design Review Board meeting on November 16, 2021. Thank you for your attention to this matter. Sincerely, Victoria DeWitt att: Petition for the Recusal of Stewart Summers (2 pages) cc: Alicia Giudice, Community Development Director Mayor Kate Colin bcc: City Council members PETITION for the RECUSAL of STEWART SUMMERS from THE DESIGN REVIEW BOARD for any and all HILLSIDE PROJECTS As a member of the San Rafael Design Review Board, Stewart Summers must comply with the duties and requirements set forth in SRMC 14.25.070 A, which states in pertinent part “The design review board shall (emphasis added) provide professional design analysis, evaluation and judgment, as to the completeness, competence and appropriateness of development proposals for their use and setting and to recommend approval, approval with conditions, redesign or denial based on design standards adopted by the city council (emphasis added)”. Please note that under SRMC 1.08.110, “Shall” is mandatory. Accordingly, Mr. Summers’ duties as a Design Review Board member include compliance with the established Hillside Design Guidelines set forth in SRMC 14.12, including the Natural State Requirement set forth in SRMC 14.12.030C as follows: “A minimum (emphasis added) area of twenty- five percent (25%) of the lot area plus the percentage figure of average slope, not to exceed a maximum of eighty-five percent (85%) must (emphasis added) remain in its natural state.” The Natural State Requirement is a vital part of the Hillside Design Guidelines, the specific stated purpose of which is minimizing seismic risks, landslide risks and soil erosion associated with development on steep and/or unstable slopes, and ensuring the preservation of natural hillside features. (SRMC 14.12.010 A&B). However, Mr. Summers has abrogated his duty under SRMC 14.25.070A, clearly demonstrating that he allows unfounded personal bias to override his duty as a San Rafael Design Review Board member to base his analysis, evaluation, judgment, and recommendations on design standards adopted by the city council. During the 6/8/2021 Design Review Board meeting on the 33/41 Ross Street Terrace project, Mr. Summers stated in no uncertain terms that he thinks the Natural State Requirement is “antiquated”; that the Natural State Requirement is written in a way that “isn’t fair to applicants”; and that “there are times when the Natural State shouldn’t be used as a restriction”. Beyond the foregoing, it is important to recognize the arrogance and bravado with which Mr. Summers prefaced these statements of personal bias, declaring: “I am going to go on record and I have done it many, many times…” Wherefore, in that Mr. Summers has blatantly breached his duty under SRMC 14.25.070 as described above, we the undersigned demand that Mr. Summers recuse himself, or in the alternative that he be instructed to recuse himself for cause, from participation in the Design Review Board with respect to all projects subject to the Hillside Design Guidelines and the Natural State Requirement. Victoria DeWitt, West End Anne Bowen, West End Amy Likover, Gerstle Park Alex Rockas, West End Joe Likover, Gerstle Park Susan Bradford, West End Valerie Lels, Gerstle Park Julia Eader, West End Tim Bowen, West End Jeff Eader, West End Elizabeth Ryan, West End Grant Gildroy, Gerstle Park Emese Wood, Gerstle Park Tom Heinz, Gerstle Park Maren Degraff, West End Denise Van Horn, Gerstle Park Petition to recuse Stewart Summers (cont.): Stacy Clement, West End Adam Degraff, West End Jonathan Kramer, West End Steve Thomson, West End Jasmin Thomson, West End Michele Killian, Gerstle Park Peter Marks, Gerstle Park Gina Silvestri, Gerstle Park Leslie Marks, Gerstle Park David Campbell, Gerstle Park Ben Negrete, West End Lisa Nelson, Gerstle Park Vicki Fernandez, West End Jeanne Cronis Campbell, Gerstle Park Emily A. Foehr, Gerstle Park Patrick Killian, Gerstle Park Lisa Gerick, Gerstle Park Jason Chan, Gerstle Park Jamey Chan, Gerstle Park Jessica Yarnall Loarie, Gerstle Park Wilfried Kruse, Gerstle Park Susan Miltner, Gerstle Park Marco Berti, Gerstle Park Kurt Scheidt, Gerstle Park Sandy Baker, Gerstle Park Bill Baker, Gerstle Park Donna J. Pierce, Gerstle Park Teri Rockas, West End Michael Irusalimsky, Gerstle Park Ron Stickel, Gerstle Park Lori Stickel, Gerstle Park David Lammel, Gerstle Park David Simon, Gerstle Park Linda Donaghue, Gerstle Park Lucinda Callaway, Gerstle Park Larry Sneddon, Gerstle Park Susan Ritter, Gerstle Park