HomeMy WebLinkAboutDRB 2022-01-19 Agenda Packet
Design Review Board
Regular Meeting
Wednesday, January 19, 2022, 7:00 P.M.
AGENDA
Virtual Meeting
Watch on Webinar: https://tinyurl.com/drb-2022-01-19
Telephone: (669) 900-9128
Meeting ID: 890-1108-8757#
One Tap Mobile: US: +16699009128,,89011088757#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Assembly Bill 361, the City of San Rafael is offering teleconference
without complying with the procedural requirements of Government Code section
54953(b)(3). 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 December 7, 2021
Recommended Action – Approve minutes as submitted
ACTION CALENDAR
2. 33/41 Ross Street Terrace
Request for a Lot Line Adjustment for property line adjustment, Exception, and
Environmental and Design Review Permits to allow for the following: (1) Construction of
a single-family residence on vacant hillside Lot 59; (2) Construction of a single-family
residence on vacant hillside Lot 60; and (3) Construction of a two lane access driveway
approximately 480 feet in length within the undeveloped Ross Street Terrace right-of-
way; APN: 012-141-59 and 012-141-60; Single-family Residential (R7.5) District; Coby
Freidman, applicant. File No(s).: LLA19-008 / ED19-090 / ED19-091 / EX20-006.
Project Planner: Dave Hogan dave.hogan@cityofsanrafael.org
Recommended Action – Provide a recommendation to the Planning Commission with
suggested conditions, if deemed appropriate
3. Annual Meeting 2022
Annual Meeting of Design Review Board for 2022 to include: a) Election of Officers for
2022 Design Review Board meetings; b) Distribution and Review of Design Review
Board “Rules of Order;” and c) Distribution and Review of Scheduled meeting for 2022
Project Planner: Leslie Mendez Leslie.Mendez@cityofsanrafael.org
Recommended Action - Elect a new Chair and Vice Chair for 2022; Consider and
accept any proposed changes to the Design Review Board “Rules of Order;” and
Consider and accept 2022 DRB meeting dates
DIRECTOR’S REPORT
BOARD 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 January 19, 2022
Design Review Board
Regular Meeting
Tuesday, December 7, 2021, 7:00 P.M.
MINUTES
Virtual Meeting
Watch on Webinar: https://tinyurl.com/drb-2021-12-07
Telephone: (669) 900-9128
Meeting ID: 814-0483-9089#
One Tap Mobile: US: +16699009128,,81404839089#
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.
Present: Chair Paul
Board Member Kent (joined the meeting on camera at 7:34 p.m.)
Board Member Kovalsky
Vice Chair Rege
Absent: Board Member Blayney
Board Member Summers
Also Present: Leslie Mendez, Planning Manager
Lindsay Lara, City Clerk
Jayni Allsep, Contract Planner
Krystle Rizzi, Contract Planner
CALL TO ORDER
Chair Paul called the meeting to order at 7:02 p.m. He announced that public comment
would be received tonight by email only. He then invited Planning Manager Leslie Mendez
to call the roll. All board members were present, except for Members Blayney, Kent and
Summers.
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 by email only tonight. The Planning
Manager would then read these comments aloud into the record during the public comment
portion of each item.
Chair Paul reviewed the procedures for the meeting.
EMAIL COMMUNICATIONS FROM THE PUBLIC
• Victoria DeWitt addressed the Board regarding the November 16, 2021 Minutes
on the Consent Calendar tonight.
CONSENT CALENDAR
Chair Paul invited public comment on the Consent Calendar. Except for the comment noted
above by Victoria DeWitt, there was no further comment on the Consent Calendar.
Member Kovalsky moved and Member Rege seconded to approve the Minutes as submitted.
1. Approval of the Design Review Board Meeting Minutes of November 16, 2021
Approved minutes as submitted
AYES: Members: Kovalsky, Rege & Chair Paul
NOES: Members: None
ABSENT: Members: Blayney, Kent & Summers
ABSTAIN: Members: None
Motion carried 3-0
ACTION CALENDAR
2. 326 and 308 Mission Avenue (Aldersly Retirement Community) - Request for
Environmental and Design Review for a phased redevelopment of the Aldersly
Retirement Community, including demolition and renovation of existing buildings and
construction of new buildings; APN: 014-054-31 and -32; Planned Development (PD-
1775) Zoning District; Peter Schakow, Owner; Peter Lin, Greenbriar Development,
Applicant; File No(s).: ED 20-051, ZC20-001 and UP20-022.
Project Planner: Jayni Allsep, Contract Planner jayni@allsep-planning.com
Leslie Mendez, Planning Manager introduced Jayni Allsep, Contract Planner who
presented the Staff Report.
Applicant Team gave a presentation.
Chair Paul announced that Member Kent joined the meeting at 7:34 p.m.
Applicant Team responded to questions from the Members.
Chair Paul asked the Planning Manager to read public comments that she received via
email.
Comments via email: Derek and Tymber Cavasian
Staff responded to questions from the Members.
Members provided comments.
Member Rege moved and Member Kovalsky seconded to approve the project as
presented with the update to eliminate the gable roof portion, but keep the other
elements.
AYES: Members: Kent, Kovalsky, Rege & Chair Paul
NOES: Members: None
ABSENT: Members: Blayney & Summers
ABSTAIN: Members: None
Motion carried 4-0
3. 88 Vivian Street (70-unit Residential Development) – ED21-042; UP21-017; TS21-
004; for demolition of the existing Country Club Bowl and construction of 70 for-sale
residential units including six available to low income households, in 14 separate
buildings.; APN: 008-092-02; Neighborhood Commercial (NC) Zone; Matt Ashton of
Ashton 3, LLC Applicant; Charlie Kinstler, Owner; Canal Neighborhood.
Project Planner: Krystle Rizzi, Contract Planner Krystle.Rizzi@cityofsanrafael.org
Krystle Rizzi, Contract Planner presented the Staff Report.
Staff responded to questions from the Members.
Applicant Team gave a presentation.
Applicant Team and Staff responded to questions from the Members.
Chair Paul asked the Planning Manager to read public comments that she received via
email.
Comments via email: Kiki La Porta, Sustainable San Rafael, Jeri Di Pietro
Members provided comments.
Applicant Team provided comments.
Members provided comments.
Member Kent moved and Member Kovalsky seconded to continue this project to allow
the applicant to respond to the Board’s comments.
AYES: Members: Kent, Kovalsky & Chair Paul
NOES: Members: Rege
ABSENT: Members: Blayney & Summers
ABSTAIN: Members: None
Motion carried 3-1
DIRECTOR’S REPORT
Planning Manager reported on the following items:
• There will be no second Design Review Board meeting in December and no first Design
Review Board meeting in January. The next possible meeting will be the second one in
January.
BOARD COMMUNICATION
• Discussion regarding the continuation of projects and then those projects coming back to
the Design Review Board.
ADJOURNMENT
Chair Paul adjourned the meeting at 9:29 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2021
_____________________________________
LARRY PAUL, Chair
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Community Development Department – Planning Division
Meeting Date: January 19, 2022
Case Numbers: LLA19-008 / ED19-090 / ED19-091/
EX20-006
Project Planner: David Hogan –
dave.hogan@cityofsanrafael.org
Agenda Item: 2
REPORT TO DESIGN REVIEW BOARD
SUBJECT: 33/41 Ross Street Terrace – Request for a Lot Line Adjustment for property line
adjustment, Exception, and Environmental and Design Review Permits to allow for the
following: (1) Construction of a single-family residence on vacant hillside Lot 59; (2)
Construction of a single-family residence on vacant hillside Lot 60; and (3) Construction
of a two lane access driveway approximately 480 feet in length within the undeveloped
Ross Street Terrace right-of-way; APN: 012-141-59 and 012-141-60; Single-family
Residential (R7.5) District; Coby Freidman, applicant. File No(s).: LLA19-008 / ED19-090
/ ED19-091 / EX20-006.
PROPERTY FACTS
Location General Plan
Land Use Designation Zoning
Designation Existing Land-Use
Lot 59
(33 Ross Street Terrace) Low Density Residential R7.5 Vacant
Lot 60
(41 Ross Street Terrace) Low Density Residential R7.5 Vacant
North: Low Density Residential R7.5 Vacant
South: Low Density Residential R7.5 Single-family Residence
East: Low Density Residential DR/MR2 Single and Multi-family
Residences
West: Low Density Residential R7.5 Single-family Residence
SUMMARY
The proposed project is being referred to the Design Review Board (DRB) for a follow-up review of
site and building design for the construction of two single-family residences on two separate vacant
hillside lots and a new common driveway within the undeveloped Ross Street Terrace right-of-way
(ROW), linking the project sites to Ross Street. The project was previously reviewed by the DRB on
June 8, 2021. These lots were previously referred to as 33 and 41 Ross Street Terrace—no addresses
have been assigned--but because the proposal involves a lot line adjustment that would move the
access panhandle for the upper lot (41 Ross Street Terrace) in front of the lower lot (33 Ross Street
Terrace), the project plans and staff report will refer to the upper lot as Lot 59 and the lower lot as Lot
60. The existing and proposed upper lot are both flag lots and are legal lots of record. A Certificate
of Compliance (COC) was issued by the Planning Commission on November 12, 1963.
The project site consists of two single family lots located on the east slope of Moore Hill in the Gerstle
Park Neighborhood in the R7.5 Single-Family Zoning District. Because both lots have average slopes
greater than 25% they are classified as hillside lots subject to the City’s hillside development
standards. On June 8, 2021, the DRB voted to continue the project to allow the applicant to modify the
project plans. The staff report for this meeting can be found in Exhibit 3, with the proposed project
plan set from May 2020 found in Exhibit 2. The proposed project layout is provided below.
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Figure 1: Proposed Site Plan
The purpose of this staff report is to bring the Applicant’s project changes back to the Board for review
and input.
DESIGN REVIEW BOARD COMMENTS
The Design Review Board reviewed the project on June 8, 2021. At the meeting the Board provided
the following comments on the project:
• Had no concerns with the proposed lot line adjustment.
• Acknowledged that this is a difficult site to develop and that access will be challenging.
• Agreed that access from Ross Terrace is the better option.
• Felt the design of the proposed homes is appropriate in terms of the architecture, colors, and
materials.
• Had no concerns with the reduction in the amount of Minimum Natural State.
• Felt there needed to be a second guest parking space for each unit. (See project changes
discussion.)
• Wanted the applicant to see if the height of retaining walls could be reduced and/or softened
visually. (See project changes discussion.)
• Asked if the amount of impervious surface be reduced. (See project changes discussion.)
• Felt that additional landscaping was needed around the double retaining walls below the lower
residence. (See the project changes discussion.)
• Wanted a less visually massive railing system for the access drive. (See project changes
discussion.)
• Felt that the development of the adjacent vacant lot should be considered as part of this project.
(See project changes discussion.)
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PROJECT CHANGES
Based upon the comments by the Design Review Board, the applicant modified the project plans. The
current project plan set containing these changes is dated September 15, 2021, and are provided in
Exhibit 1. The following is a summary of the Board’s design comments and the applicant’s
modifications to the plans.
Plan Change: Increased the amount of pervious surface by adding pervious pavement in
front of each unit (outside of the right-of-way for Ross Terrace).
Effect/Result: Reduced the amount of impervious area.
Plan Change: Added a second onsite guest parking space for each unit.
Effect/Result: Provided a second off-street guest parking space for each dwelling unit. This
reduced the amount of natural state and eliminated the need for one of the
requested exceptions.
Plan Change: Reduced the height of the retaining wall on the access drive.
Effect/Result: The portion of access drive near Ross Street has been moved toward the southern
side of the Ross Street Terrace right-of-way. Re-aligning the access drive reduced
the height of the tallest retaining wall from a maximum height of 12 feet to a
maximum height of 9.5 feet.
Plan Change: Decreased the size of the proposed residences.
Effect/Result: Reduced the size of the residential units for the lower and upper units by 188 and
196 feet, respectively. These reductions are included in following project tables and
do not alter the need for any of the requested exceptions.
Plan Change: Added additional landscaping between the double retaining walls.
Effect/Result: Additional shrubs and groundcover were added in the retention basin between the
two retaining walls in front of the lower unit.
Plan Change: Provided a less visually prominent driveway rail design.
Effect/Result: The project plans propose a less visually prominent a steel cable guardrail system.
The applicant is also proposing a more attractive Versaloc block system for the
retaining walls.
DRB Request: Evaluated the potential to use of access drive for the vacant property to the
north.
Action: Staff has consulted with the Public Works and Fire Departments and confirmed that
the proposed 16-foot-wide access drive will be adequate for residence on the
adjacent vacant lot if one is it constructed.
Staff Request: Modified the lot lines between the two lots to eliminate the need for
easements on the lower lot to accommodate driveway access to the upper
lot.
Effect/Result: The lot line between the two proposed residences was shifted so that all of the
driveway for the upper residence is located entirely on the upper lot. This change
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increased the size of the upper lot and decreased the size of the lower lot by about.
This puts all of the back-up areas for the garage and the additional guest parking
space on the upper lot. If the DRB has concerns with reducing the size of the lower
lot, these back up areas can also be facilitated through an easement.
The revised lot compliance tables provided below compare the characteristics of both the previous
and revised project plans. The project changes eliminated the need for an exception for the number
of guest parking spaces but did not alter the need for exceptions for the amount of minimum natural
state and driveway slope.
Lot 59 (Upper Lot)
Minimum
Required or
Maximum Allowed
Previous
Proposed Lot
Revised
Proposed Lot
Change &
Compliance
Y / N
Min. Lot Size 7,500 sq. ft. 5,851 sq. ft. 6,092 sq. ft. +241 ft.
N (1)
Average Lot Slope - 36.7% 36.7% -
Max. Gross Building Area
(2,500 square feet + 10% lot area) 3,085 sq. ft. 2,842 sq. ft. 2,646 sq. ft. -196 SF
Y
Min. Natural State
(25% + %Average Slope)
61.7%
3,759 sq. ft.
54%
1,957 sq. ft. (1)
50.6%
1,902 sq. ft.
- 55 SF
N
Max. Lot Coverage 40% 23.87% 21.37% Y
Max. Building Height 30 feet 25.2 feet 25.2 feet Y
Stepbacks
Cannot exceed 20
feet over more
than 25% of the
length of each
building side
Side South – 0%
Front – 0%
Side North – 16%
Side South – 0%
Front – 0%
Side North – 16%
Y
Y
Y
Parking 2 2 2 Y
Guest Parking 2 1 2 +1
N Y
Minimum Yard Setbacks
Front 15 feet 15 feet 15 feet Y
Rear 10 feet 10 feet 10 feet Y
Side-South 6 feet 6.9 feet 6.9 feet Y
Side-North 6 feet 6 feet 6 feet Y
(1) The existing lot is smaller than the area required by the Municipal Code.
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(1) The existing lot is smaller than the area required by the Municipal Code.
STATUS OF ROSS STREET TERRACE.
At its June 8, 2021 meeting, the Board requested non-design related information on the status of Ross
Street Terrace. The right-of-way for Ross Street Terrace was created when this portion of the Gerstle
Park Neighborhood was subdivided in the 1880s and was offered to the City (i.e. to become a City
street). The City Council did not accept the right-of-way. As a result, the right-of-way remained a non-
City right-of-way.
SUMMARY OF REMAINING ISSUES
Staff is looking for the Board’s concurrence/comments on the following remaining items. As previously
indicated at its June 8, 2021 meeting, the applicant has made several changes to project to address
specific concerns. Is the Board satisfied that the applicant has addressed their stated concerns with
the following project changes?
• Reduced the amount of impervious area by adding pervious pavement in the private driveway
areas..
• Reduced the height of the tallest retaining wall by shifting the location of the access drive.
• Decreased the sizes of the proposed residences.
Lot 60 (Lower Lot)
Minimum
Required or
Maximum Allowed
Previous
Proposed Lot
Revised
Proposed Lot
Change &
Compliance
Y / N
Min. Lot Size 7,500 sq. ft. 5,028 sq. ft. 4,787 sq. ft. -241 ft.
N (1)
Average Lot Slope - 40.3% 40.3% -
Max Gross Building Area
(2,500 square feet + 10% lot area) 3,003 sq. ft. 2,885 sq. ft. 2,697 sq. ft. -188 SF
Y
Min. Natural State
(25% + %Average Slope)
65.3%
3,126 sq. ft.
53%
1,747 sq. ft.
55.4%
1,733 sq. ft.
-14 SF
N
Max. Lot Coverage 40% 27.39% 27.8% Y
Max. Building Height 30 feet 22 feet 22 feet Y
Stepbacks
Cannot exceed 20
feet over more
than 25% of the
length of each
building side
Side South – 0%
Front – 0%
Side North–19%.
Side South – 0%
Front – 0%
Side North – 19%.
Y
Y
Y
Parking 2 2 2 Y
Guest Parking 2 1 2 +1
N Y
Minimum Yard Setbacks
Front 15 feet 15 feet 15.4 feet Y
Rear 10 feet 10 feet 10.1 feet Y
Side-South 6 feet 6 feet 6.2 feet Y
Side-North 6 feet 6 feet 6 feet Y
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• Added additional landscaping between the double retaining walls.
• Changed the design of access drive guardrail and the changes from a board formed concrete
to a tan colored Versaloc block system.
In addition, staff is also requesting that the Design Review Board provide a recommendation on the
remaining exceptions.
Exception for Minimum Natural State.
Pursuant to Section 14.12.030 of the Zoning Code, projects on Hillside lots need to reserve a minimum
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%), as natural state. Natural state includes all portions of
lots that remain undeveloped and undisturbed. Grading, excavating, filling and/or the construction
roadways, driveways, parking areas and structures are prohibited. Planting and landscaping which
enhances the natural environment are permitted when approved through an environmental and design
review permit. The applicant is requesting an exception to the Natural State which allows for the
following:
Lot 59 - The minimum natural state required for this lot is 3,759 square feet. The applicant’s data
proposes a total natural state of 1,902 square feet, which is less than the minimum required and
therefore an exception to the natural state requirement is requested. In comparison, proposed lot
is 81% in size; 1,902 square feet is about 51% of the required minimum natural state.
Lot 60 - The minimum natural state requirement for this lot is 3,126 square feet. The applicant’s
project data proposes a total natural state of 1,733 square feet, which is less than the minimum
required and therefore an exception to the natural state requirement is requested. In comparison,
proposed lot is 63% in size; 1,733 square feet is about 54% of the required minimum natural state.
Exception to Driveway Slope
Pursuant to Section 15.07.030 the grade for new streets and driveways shall not exceed 18% unless
an exception has been granted by the hearing body and the design has been recommended by the
Design Review Board.
o The project includes a short segment, approximately 70 feet in length, where a grade of
24.86% is proposed.
Findings for Exceptions
To approve the requested exceptions, the City’s decision making body (in this case the City Council)
will need to make the following findings (as set forth in SRMC Sections 14.24.060 and 14.12.040).
Staff requests that the DRB provide a recommendation to the Planning Commission on the following
findings.
• That there are special circumstances applicable to the property or land use, including but not
limited to the size, shape, topography, location, or surroundings that warrant granting of a minor
exception from the strict application of the standards in this title.
Exceptions are intended to provide flexibility in the application of site development regulations
where minor adjustments are needed. Exceptions granted shall be compatible with adjoining
uses and consistent with the purposes of this title. The special circumstances relate to the
small size of the lots, the challenges in terms of project access, and the existing slopes that
combine to make strict compliance with the requirements of zoning code impractical.
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• That granting the exception would not be detrimental or injurious to property or improvements
in the vicinity of the development site, or to the public health, safety, or general welfare.
The project is a single-family residential project in a residential area. All of the project
improvements are located on the two residential lots and the Ross Terrace right-of-way. The
Public Works and Fire Departments have evaluated the design of the access drive and
turnaround area and have concluded that these provide adequate access to the site. The
design of the project does not create adverse impacts to public health safety and welfare.
• 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
Through the entitlement review process, a number of project design alternative were
considered. These include, modifying the size of the proposed units, assessing project
access options, modifying the design of the retaining walls, and providing additional pervious
paving. These modifications meet 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
• 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.
The project is situated in a hillside location surrounded by other residential properties.
Access and site preparation will require grading and tree removal. The project will not be
visible to locations not proximate to the project site. The project is not proposing the removal
of trees or grading that are not related to project improvements. The design of the project
also complies with the required yard requirements. The overall visual impacts of the project
will not be noticeably visible beyond the adjacent properties. A number of project design
alternatives have been considered and the proposed project contains the most compatible
design components
NEIGHBORHOOD CORRESPONDENCE
Notice of the January 19, 2022 hearing was conducted in accordance with the requirements contained
in Chapter 14.29 of the Zoning Ordinance (a mailed notice to all property owners and occupants within
a 300-foot radius of the project site and posting a notice of public hearing in the location of the
proposed driveway and on Clayton Street, at the end of the public right-of-way). The most recent
public comments on the project are included in Exhibit 4. Most of these comments are opposed to the
project.
The most common reasons for their opposition to the project include, but are not limited to the
following: that the property owner (the Applicant) has no legal right to improve Ross Street Terrace to
access the home sites, emergency vehicles will not be able to access the site, the loss of parking on
Ross Street, the additional traffic on Ross Street, the number and height of the retaining walls, that
site access should be from Clayton Street, the loss of public use, impacts to wildlife habitat and open
space, increased runoff, and construction impacts and noise.
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CONCLUSION
Staff is seeking input from the Board as to whether the applicant has adequately responded to the
Board’s previous suggestions, as well as to the project the requested exceptions. Staff requests that
the Board provide a recommendation to the Planning Commission with suggested conditions, if
deemed appropriate.
EXHIBITS
1. Revised Project Plans, September 15, 2021
https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2021/11/3Friedman-Design-Review-
Resubmission.pdf
2. Previous Project Plans, May 10, 2020 (starting page 19 of 100)
https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2021/06/2.-33-41-Ross-Street-Terrace-
rev.pdf June 8, 2021 DRB Staff Report (No Attachments)
https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2021/06/2.-33-41-Ross-Street-Terrace-
rev.pdf
4. Public Comment Received since June 8, 2021.
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January 12, 2022
Design Review Board
c/o David Hogan, Project Planner
Community Development Dept.
City of San Rafael
1400 Fifth Ave
San Rafael, CA. 94901
via email: dave.hogan@cityofsanrafael.org, leslie.mendez@cityofsanrafael.org,
planningpubliccomment@cityofsanrafael.org
RE: 33/41 Ross Street Terrace - Design Review Board meeting on January 19, 2022,
File Nos. LLA19-008/ED19-090/ED19-091/EX20-006
Design Review Board Members:
I urge you NOT to recommend approval of this application for an Environmental and Design Review
Permit and Hillside Exceptions for 33/41 Ross Street Terrace for the following reasons:
1) Hillside Residential Design Guidelines:
This application shows a blatant disregard for the Hillside Design Guidelines, including an extreme
exception to the natural state requirement, lack of preservation of significant trees and the natural
setting, excessive grading, and incompatibility with the surrounding neighborhood. In fact, our award-
winning Hillside Design Guidelines were adopted precisely to prevent this type of development on our
hillsides.
a. Natural State:
Hillside development must comply with the Natural State Requirement, per SRMC 14.12.030(c).
"Natural state" means all portions of lots that remain undeveloped and undisturbed. Grading,
excavating, filling and/or the construction roadways, driveways, parking areas and structures are
prohibited. Incidental minor grading for hiking trails, bicycle paths, equestrian trails, picnic areas and
planting and landscaping which enhances the natural environment are permitted when approved
through an environmental and design review permit, per SRMC 14.03.030 Definitions.
The attempt to squeeze two homes on these undersized lots should not be allowed. Other hillside
development has required merging of 2, 3, 4, or more undersized hillside lots in order to create a
reasonable building site and meet Hillside development standards, such as:
• 45 Fremont, 2,200 sq’ home, combined 4 substandard lots (APN 012-041-49)
• 31 Upper Fremont, 2,400 sq’ home, combined 4 substandard lots (APN 012-045-17)
• 75 Upper Fremont, 2,903 sq’ home, merged 5 smaller lots (APN 012-045-11)
• 79 Upper Fremont, 2,903 sq’ home, 2 lots, one a flag-lot, were merged (APN 012-045-14)
• 38 Upper Fremont, approved 2020, not yet built, 3 lots merged (APN 012-041-48)
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I am asking you to maintain the current practice of merging substandard sized lots for the reasonable
development of our hillsides. This is the precedent that has been established in the City of San Rafael
for development of substandard, non-conforming lots on hillsides and is supported by General Plan
2040, as follows:
General Plan Program CDP-1.3A: Hillside Residential Design Guidelines. Continue to
implement hillside residential design guidelines through the design review process, as well as
larger lot size requirements for hillside areas where there are access limitations or natural
hazards. Update the design guidelines as needed.
General Plan Program CDP-1.3B: Hillside Lot Consolidation. Where feasible, consolidate
small, nonconforming hillside lots in areas with slope and emergency vehicle access constraints
into larger, conforming parcels. Apply hillside development standards in the event such lots are
developed to ensure that construction is compatible with the neighborhood development pattern.
The applicant is requesting an extreme exception to the natural state requirement with a significant
reduction in the natural state, ~ 50% less than required, for each lot. Exceptions to the Hillside
development standards are allowed in rare circumstances where the proposed project shows excellence
in design and meets specific conditions outlined in SRMC 14.12.040. I have never seen a hillside
project approved with such an extreme reduction in the natural state.
The precedent for development on smaller hillside lots is to combine them to allow for reasonable
development and comply with all Hillside development standards (SRMC 14.12) and the Hillside
Design Guidelines (SRMC 14.25.050-B).
If you approve the requested exception to the Natural State requirement, you will forever change
hillside development in San Rafael because the exception you approve on this property will set the
standard by which you will review all future hillside development, opening the door to other
equivalent reductions in the Natural State and undermining this important protection of our
hillsides.
b. Parking and circulation (IV.A5):
All required guest parking spaces, 2 per residence, should be located on-site, not on the street or within
the City right-of-way. In addition, the application needs a circulation plan showing all vehicular
maneuvering into and out of the garage and guest parking on lot 59, including when a vehicle is parked
in the guest parking space. The circulation plan should indicate how both lots comply with SRMC
14.12.030 (F) which prohibits vehicles from backing out onto streets less than 26’ wide.
c. Preservation of Significant Trees (IV.A2).
The applicant has NOT shown that a diligent effort has been made to retain as many significant trees as
possible, as required by the Hillside Design Guidelines. In fact, quite the opposite, the applicant
proposes removing all but one oak tree on lot 59 and removing all existing trees on lot 60. No existing
trees will be retained along the proposed access drive, as well, resulting in approximately 58 trees over
6” in diameter being removed, according to the WRA Environmental Consultants report dated March
27, 2020, submitted with the application.
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The applicant has NOT proposed a plan for tree replacement that includes a 3:1 ratio as required. If
approved, this project will have the unfortunate outcome of clearing the land and changing the natural
environment, completely opposite of the Hillside Guidelines objective to preserve the inherent
characteristics of the hillside and display sensitivity to the natural setting.
A tree protection plan prepared by a licensed arborist is needed to establish safety procedures both
during and after construction for the remaining oak tree on lot 59.
d. Grading (IV.A3).
Hillside Design guidelines promote minimizing grading in order to preserve the inherent characteristics
of sloping hillside sites and the natural environment. This project requires extensive grading and
extensive removal of the natural vegetation on this hillside.
e. Architectural Design (IV.A7) and Reduction of Building Bulk (IV.A6).
The design is too boxy and bulky. The style is very contemporary with a “butterfly” roof design.
To comply with the Hillside Guidelines and reduce bulk, the houses should be stepped back with the
topography and roof slopes should follow the site contours.
f. Compatibility with surrounding neighborhood (IV.A1).
Current zoning designation of R7.5 requires a minimum lot size of 7,500 sq’ per lot. This project
proposes 2 new houses on undersized lots of 4,787 sq’ and 6,092 sq’. The houses are densely packed
together, eliminating all tree canopy and ground cover of the natural setting except for one lone oak
tree. This proposed project is not compatible with the development pattern of the surrounding
neighborhood where land area around existing structures is between 12,000 to 16,000 sq’ and where the
natural environment supports the hillside character of this neighborhood.
A better solution would be to combine the lots to form a single 10,879 sq’ lot, still small for the area,
but complies with zoning requirements and is more likely to accommodate a modest sized home that
complies with all Hillside Design Guidelines and is more compatible with the surrounding
development pattern of this neighborhood.
Another solution was previously suggested by a board member to merge lots #59 and #60 with lot #58
which is contiguous and undeveloped with only 5,000 sq’. If these 3 non-conforming lots were
reconfigured into 2 lots, they would meet the minimum square footage of 7,500 sq’ per lot and could
allow reasonable development for 2 homes that meet the Hillside development standards.
2) Hillside Exceptions:
The application must meet the criteria established in SRMC 14.12.040 for hillside exceptions, as stated
below:
A. That 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
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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 application does not meet the criteria for approving an exception to the Hillside development
standards. The applicant has NOT demonstrated a superior project with greater sensitivity to the natural
setting and compatibility with nearby hillside neighbors. In fact, this application replaces the natural
setting with concrete driveways, building footprints and retaining walls.
The exception request for 33/41 Ross Street Terrace to reduce the natural state by almost 50% does
NOT result in a superior project with greater sensitivity to the natural setting or preserve the inherent
characteristics of the site. In fact, both lots are completely stripped of all trees, except for one oak tree
and replaced with small slivers of ornamental landscaping. This project does NOT meet the criteria for
a hillside exception, per SRMC 14.12.040.
Staff references 22 Jewel as an example of a previous hillside project on a flag lot where an exception
to the natural state was approved. However, the exception requested for this project was minor. The
applicant for 22 Jewel revised their plans, in response to neighborhood comments, and improved the
design by increasing the building stepback which resulted in a slight reduction in the natural state from
57.6% to 50.3% and required an exception. By providing a superior design with greater sensitivity to
nearby neighbors, this project met the objectives of SRMC 14.12.040 for exception approval. (note:
the lot remains vacant - the design permit for 22 Jewel has expired. no building permit was ever issued).
The approval of this application will set a bad precedent going forward for future hillside
development and will undermine our Hillside Design Guidelines and development standards.
This application does not meet the criteria required for an Exception approval. I urge the City to be
consistent with their past practice and require compliance with the Hillside Design Guidelines, per
SRMC Chapter 14.12.
As a licensed building contractor, the owner/applicant, should have been well informed about the
substandard size of these two lots and the City of San Rafael’s Hillside Design Guidelines before he
purchased them in 2015.
3) Petition to recuse Stewart Summers:
I support the Petition to recuse Stewart Summers that was presented to the Design Review Board at
their meeting on November 16, 2021. Stewart Summers’ repeated expression of his unwavering
personal objections to the Natural State requirement at board meetings is inappropriate and offensive. I
hope the board is not swayed by his rhetoric and acts to uphold the municipal code, as adopted by the
City Council, and applies the Natural State Requirement to this and other hillside projects and only
recommends approval of an Exception in those rare cases where the required findings are met (per
SRMC 14.12.040).
In response to the Petition, City Attorney Rob Epstein stated that someone who has a pre-existing bias
that makes them unable to be a fair hearing officer would be disqualified and that the question is
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whether there is an “unacceptable probability of actual bias”. He goes on to say that it’s up to the
individual member to look into their heart or mind and decide for themselves if they are able to be fair
and unbiased and state the reasons for their decision for the record.
Stewart Summers did not clearly state the reasons why he felt he could be fair and unbiased but instead
repeated his rhetoric about “the Natural State requirement being antiquated” and that he doesn’t like it
and further suggests the City should change it. I ask Stewart Summers to look into his heart and mind
to reflect on whether his strong bias against the Natural State requirement prevents him from being an
impartial board member for this project and ask that if he has any doubt whatsoever, he recuse himself
in order to ensure a fair and unbiased hearing for 33/41 Ross Street Terrace.
I suggest the record clearly show that the opinion that “the Natural State requirement is antiquated” is
Stewart Summers’ opinion alone and does not reflect the board’s position as a whole. I believe, in my
heart, that Stewart Summers cannot be an impartial board member tasked with reviewing this project
given his statements made during the prior hearing for this project on June 8, 2021, and his response to
the Petition submitted on November 16, 2021. He should recuse himself from participating in the
design review for this project at 33/41 Ross Street Terrace before the board tonight.
Thank you for your consideration of these comments.
Sincerely,
Victoria DeWitt
Emily A. Foehr
Jason and Jamey Chan
Jonathan Steel
Emese Wood
Denise Van Horn
Tom Heinz
Linda Donaghue
Dave Lammel
David Simon
Jessica Yarnall Loarie
Scott Loarie
Sue Ritter
Lucinda Callaway
Larry Sneddon
Amy Likover
Joe Likover
Peter R. Marks
Leslie Marks
Valerie Lels
Grant Gildroy
Bill Baker
Sandy Baker
Kurt Scheidt
Community Development Department – Planning Division
Meeting Date: January 19, 2022
Case Numbers: P22-002
Project Planner: Leslie Mendez,
leslie.mendez@cityofsanrafael.org
Agenda Item: 3
REPORT TO DESIGN REVIEW BOARD
SUBJECT: Annual Meeting of Design Review Board for 2022 to include: a) Election of Officers for 2022
Design Review Board meetings; b) Distribution and Review of Design Review Board “Rules of
Order;” and c) Distribution and Review of Scheduled meeting for 2022
The Design Review Board (Board) is required to hold its annual meeting at their first meeting of a calendar
year. The first scheduled meeting in 2022 will be January 19, 2022. At that meeting, the Board will be
requested to elect new officers and review its “Rules of Order”, in addition to reviewing design-related
agenda items.
Election of Officers for 2022
Since 2004 the Board has elected officers following a rotation schedule generally set based on
member’s length of service. For 2021 Board Member Paul has served as Chair, and Board Member
Rege has served as Vice Chair. Should the Board choose to continue to follow this rotation schedule,
Board Member Rege would serve as Chair in 2022 and Board Member Rege would serve as Vice
Chair. Here is the projected 5-year rotation schedule of officers for the Board:
Chair Vice Chair
2022 Rege Kovalsky
2023 Kovalsky Kent
2024 Kent Summers
2025 Summers Paul
2026 Paul Rege
Staff recommends the Board consider the above officer rotation and elect new officers for 2022. New
officer terms would take effect at the next meeting.
Rules of Order
Planning staff is distributing the current Design Review Board “Rules of Order” (attached; Exhibit 1),
which were last amended and adopted Feb. 6, 2018 with track changes to include one minor procedural
change to be in concert with City Council procedures. In Section 7 “Conduct of Meetings,” Item B
“Procedure of Presentation,” number 5, staff proposes the following language be added to explicitly
acknowledge the Chair’s ability to limit speaker time.
5. Comments from the public, where appropriate; limited to three (3) minutes per
speaker, which may be reduced or extended at Chair’s discretion. If there are
numerous speakers, the Chair may request that a spokesperson be selected for the
entire group and that comments not be repeated.
The Board can consider further modifications or request that staff investigate possible changes. Please
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review the current rules and procedures and if there are any changes that you would like to suggest or
possible modifications that warrant staff research, please raise them during the meeting. If there are no
requests that warrant additional research, staff recommends the Board consider the recommended
modification and adopt the Rules of Order with the recommended clarifying language.
2022 Design Review Board Meeting Dates:
Provided for your information is a list of scheduled Design Review meetings for 2022. Please review and
provide feedback if there are any errors or if any scheduled meeting conflict with major religious holidays.
Attachments
Exhibit 1 Current Board “Rules of Order,” adopted Feb. 6, 2018, with track changes of
recommended modification
Exhibit 2 Design Review Board Meeting Schedule 2022
1 Exhibit 1
DESIGN REVIEW BOARD
RULES OF ORDER
As adopted: Feb. 6, 2018
1. Authority to Adopt Rules of Order
The establishment, organization and membership of the Design Review Board are
prescribed by City of San Rafael Municipal Code (City Code), Chapter 25. These Rules
of Order are hereby adopted by the Board, as prescribed under City Code Section
14.25.070.I., to ensure conduct of efficient and responsive meetings, and provide
guidance to the Board, staff, applicants and the general public as to how business
before the Board shall be conducted.
2. Organization and Officers
A. ELECTION OF OFFICERS. A Chair and Vice-Chair shall be elected from among the
Board’s membership at a regular meeting held during the month of December. It is
intended that the Chair and Vice-Chair shall be rotated among the Board based on
tenure, as defined by total years of service. The Board may establish a standing rotation
of officers, based on tenure and years between service as Chair and Vice-Chair. The
rotation and new officers shall be confirmed by majority vote of the Board at the regular
meeting held for election of officers.
B. TERMS OF OFFICE. The Chair and Vice-Chair shall serve for a term of one year,
beginning the first regular meeting in January. The Vice-Chair shall serve in the
absence of the Chair, and generally shall serve as Chair in the following year.
C. PRESIDES AND POINTS OF ORDER. The Chair shall preside at all meetings,
preserve order, decide all points of order, see that all actions of the Board are properly
taken, and assist staff in determining agenda items. The following other duties shall be
assigned to the office of the Chair:
1. The Chair, with the concurrence of a majority vote of the Design Review
Board, may create such special sub-Committees as it may, from time to time,
deem necessary or desirable.
2. The Chair shall sign any formal resolutions or transmittals adopted by the
majority of the Board to the Planning Commission and City Council (as
needed).
3. The Chair shall represent the Design Review Board before the City Council, if
called upon. The Chair may appoint any member to appear on his or her
behalf.
4. In the event of absence or disability of the Chair, the Vice-Chair shall preside.
In the absence of both, the members shall appoint a chair for that meeting.
D. LIAISON TO STAFF. When it is deemed appropriate to do so, the Chair shall
appoint one member of the Design Review Board, or a subcommittee of up to two board
members, in order to review staff approvals of projects that have been reviewed by the
Board or as otherwise requested by the Secretary to the Board.
2 Exhibit 1
E. VACANCIES. Vacancies of the Board for other than expiration of term will be filled
by appointment for the un-expired portion of the term. A permanent vacancy by the
Chair or Vice-Chair shall be filled based on tenure or per the approved rotation schedule
and confirmed by a vote of the Board prior to conducting business at the next regular
meeting. Officer(s) elected to serve the remainder of a partial term may be re-elected
for a full-term the following year.
F. ALTERNATE MEMBER. The alternate Board member will receive all staff reports
and materials delivered to the Board, and shall sit at the dais with the Board members
and Planning Commission Liaison. When the alternate member is not acting as a
regular member (i.e., filling a vacancy created due to an absence or abstention of a
regular member), the alternate may participate in the discussion to ask questions and
make suggestions to the Board for their consideration, but will not vote or provide formal
recommendations and his/her comments will not be included in the Boards consensus
items.
3. Secretary to the Board
The Community Development Director or his/her designee shall be the Secretary of the
Design Review Board. The Secretary shall prepare copies of the Design Review Board
agenda and deliver the agenda, together with any other reports, materials and
communications pertaining to the matters on the agenda, on the Fridays before the
scheduled meeting. The Secretary shall attend all meetings of the Design Review
Board. The Secretary shall prepare reports and gather such information as may be
necessary for the Design Review Board to conduct its business.
4. Design Review Process
The Design Review Board offers a two-tiered review process for projects requiring a
recommendation from the Board: I.e., an informal Concept Review and a formal Design
or Decision Review. The level of review required for a project application shall be as
established by the Municipal Code or determined by the Community Development
Director.
CONCEPTUAL REVIEW
The purpose of the conceptual review is to give the applicant an evaluation of the
basic design approach proposed for a project. This is typically an informal
critique of the project conducted in a workshop format. No consensus vote by the
Board is required. The applicant will work with staff to obtain a summary or
access to video of the meeting comments.
FORMAL DESIGN/DECISION REVIEW
The purpose of formal review is to evaluate a completed project application for
consistency with applicable criteria and provide a recommended action and
conditions to the decision-making body, as required (i.e., Staff, Zoning
Administrator, Planning Commission or City Council).
5. Meetings and Agendas
3 Exhibit 1
A. REGULAR MEETINGS. Regular meetings of the Design Review Board will be held
twice per month on Tuesdays following City Council meetings, beginning at 7:00 PM.
B. SPECIAL MEETINGS. Special meetings for any purpose may be held on the call of
the Chair or of three members of the Design Review Board. Such meetings shall be
duly noticed by the Secretary in accordance with the provisions of City and State law.
Such meetings shall be open to the public.
C. CONTINUED MEETINGS. In the event the Board wishes to adjourn its meeting or a
hearing to a certain hour on another day, a specified date, time, and place must be set
by a majority vote of the members present, prior to the regular motion to adjourn.
D. ADJOURNED MEETINGS. The Chair shall adjourn the meeting following the conduct
of all business on the agenda.
E. PLACE OF MEETINGS. Meetings shall be held in the City Council Chamber or at
another public place in the community.
F. QUORUM. A quorum of the Design Review Board shall consist of three
members. A quorum will be necessary to conduct business.
G. MEETING AGENDA. The Secretary shall prepare and deliver an agenda at least
five (5) calendar days prior to each Design Review Board meeting.
H. AGENDA ORDER. A change in order of the Design Review Board agenda shall be
determined by the Secretary and the Chair of the Design Review Board. The listing of
matters of business shall normally be in the following order:
1. Call to Order
2. Staff and Board communications
3. Approval of Minutes
4. Consensus Items
5. Old Business
6. New Business
7. Other Board Business
8. Adjournment
6. Voting & Abstention or Disqualification
A. MAJORITY VOTE. All official recommendations and decisions by the Board shall
require a majority vote of those present at the meeting.
B. ABSTENTION/DISQUALIFICATION. An abstention on any vote shall only be allowed
for a conflict of interest by a member in accordance with the State Political Reform Act
and other applicable state law. A disqualified member shall leave the voting area prior to
consideration of the matter.
C. CHANGE OF VOTE. A member may change his or her vote after the roll has been
completed before the announcement of the result.
4 Exhibit 1
7. Conduct of Meetings
A. PUBLIC RECOGNIZED. NO person shall be permitted to speak unless recognized
by the Chair, who may permit persons to speak on any matter properly before the
Board.
B. PROCEDURE OF PRESENTATION. Agenda Items before the Design Review Board
shall be presented and heard in the following manner:
1. Chair shall announce the agenda item. If a request for continuance is made, a
motion may be made and voted to continue the meeting to a date specified or
unspecified. Re-notice shall be required if continued to a date unspecified.
2. Presentation by staff; limited to five (5) minutes, and extended at Chair’s
discretion.
3. Public meeting is opened.
4. Presentation by applicant; limited to ten (10) minutes, and extended at Chair’s
discretion. The Board may have questions of the applicant regarding the
project materials or applicant presentation after completion of the applicant’s
presentation.
5. Comments from the public, where appropriate; limited to three (3) minutes per
speaker, which may be reduced or extended at Chair’s discretion. If there are
numerous speakers, the Chair may request that a spokesperson be selected
for the entire group and that comments not be repeated.
a. All comments or questions shall be addressed through the Chair.
b. The Chair may limit the number of speakers or the time on a particular
issue to avoid unnecessary repetitive evidence.
c. Irrelevant, defamatory, or disruptive comments will be ruled out of order.
6. Questions from Board members of the applicant, staff, public or other meeting
participant, with responses by the appropriate participants.
7. Public meeting is closed.
8. The applicant may provide responses to any concerns or questions raised by
the public for benefit of the Board in its deliberation and discussion of the
matter.
9. Comments on the project are made by each Board member. The Chair
selects a member to comment first, and may elect to be the last to provide
comment.
a. Comments on conceptual review should focus on the over-all design
approach.
b. Comments on a formal review requiring a decision by the Board will
focus on the recommendation to approve or deny the project and any
conditions of approval or design changes which the Board
recommends.
10. Follow-up Discussion. Before the Board concludes its discussion and votes
on the project, the following opportunities shall be provided to the applicant
and Board:
a. The applicant shall be given an opportunity to indicate willingness to
make specific changes to the project, or discuss any recommended
revisions, or to respond to questions, or to seek further clarification.
b. A Board member shall have the opportunity to consult with other Board
members, staff and meeting participants, to consider whether members
5 Exhibit 1
wish to revise, support, or not support any comments made based on
the discussion, and in order to reach a consensus.
11. Comments or conditions are summarized by the Secretary, and a list of the
consensus items is identified. Further discussion with the Board members
may occur if needed to finalize the list of consensus items, directed through
the Chair.
12. Vote is taken on an action requiring a formal decision or recommendation by
the Board. Staff liaison to the Board shall summarize the vote. No vote is
taken on Concept level review items.
C. OBJECTIVITY. Participants, including the public, staff, Board members and
applicants, will strive to focus comments on design matters and relate comments to
issues of consistency with established design criteria. Comment on individual design
“preferences”, or the motivation or qualifications of other participants, or land use issues
that will be considered by the decision-making authority should be avoided; but
recognizing that many issues are based on the professional experience and subjective
considerations of the Board members in an effort to provide a better design. As noted
above, comments by all participants shall be respectful and in a civil manner.
D. DECISIONS / ACTIONS. The Board’s comments and/or recommendations shall be
recorded as follows:
1. An action requiring a formal decision or recommendation by the Board shall
be formulated in a motion and approved by a majority vote of the members
present. A motion must be made and seconded, and may be debated prior to
call of a vote on the decision. An amended motion shall be affirmed by a
second of the amended motion. The vote will result in the following outcomes:
a. A motion shall fail due to lack of a second or a majority vote affirming
the motion.
b. If a positive recommendation is made, this will be transmitted as
indicated in Section 8.
c. If the Board does not provide a positive recommendation, the applicant
may proceed to the decision making body with a negative
recommendation or may accept a continuance for redesign to address
the comments of the Board. The applicant may re-appear before the
Board two times following initial formal review, after which time the
Board will make a final positive or negative recommendation unless the
Board, applicant and staff agree to further continuances to address
outstanding design issues.
2. On Conceptual Review matters or discussion items, a vote and decision on
the project is not made.
3. Items listed on consent do not require formal discussion, and may be acted
on by motion and vote of a majority of the members present.
6 Exhibit 1
8. Transmittal to City Council, Planning Commission and Zoning
Administrator
Decisions on matters that are being forwarded to the Zoning Administrator, Planning
Commission and/or City Council from the Design Review Board shall include the
majority recommendation that has been affirmed by a vote of the Design Review Board.
9. Parliamentary Procedure
Robert's Rules of Order shall be followed in all cases not in conflict with these rules.
10. Review, Amendment and Suspension of Rules
A. No rule of procedure may be suspended except by unanimous vote of those
members present. A motion to suspend the rules shall be decided without debate.
Inconsistent procedure, without objection, implies suspension. Any member may object
to inconsistent procedures and require a return to the adopted rules.
B. These Rules and Procedures shall be reviewed at the first meeting of each year
to consider any updates and assure consistency with the adopted City design criteria.
The rules may be amended at any meeting by a majority vote of the Board provided that
each member has received a notice of proposed amendments at least 5 days prior to
the meeting.
Approved 02/06/18
EXHIBIT 2
DESIGN REVIEW BOARD MEETINGS for 2022
January 19 (Wednesday)
February 08
February 23 (Wednesday)
March 08
March 22
April 05
April 19
May 03
May 17
June 07
June 21
July 06 (Wednesday)
July 19
August 02
August 16
September 07 (Wednesday)
September 20
October 18
November 08
November 22
December 06
December 20
Notes:
• All DRB meetings are the 1st and 3rd Tuesday of each month,
starting with the first full week (a week includes a Monday).
• All dates above are Tuesdays unless there is a holiday on
Monday that week, then the DRB meeting gets pushed to
Wednesday for that week.