HomeMy WebLinkAboutZoning Administrator Hearing 2023-10-18 Minutes
SAN RAFAEL ZONING ADMINISTRATOR
REGULAR HEARING
October 18, 2023
Minutes and Notice of Decision (Pursuant to San Rafael Municipal Code 14.28.050)
10:05 -10:15 am 1. 407 Fairhills Drive - Request for an Environmental and Design
Review Permit for a modification of roofline, located on
residential lot with average slope of twenty-five percent (25%) or
greater and hillside residential general plan land use
designations.; APN: 010-111-02; Residential Zoning District on
the Hillside Overlay (R20- H); Greg Peters, Owner; Eric Layton,
Applicant; File No: ED23-052 (PLAN23-121)
Project Planner: Michaela O’Brien
PERMITS REQUIRED
A Minor Environmental and Design Review Permit, Zoning Administrator, is required for
any modification that increases the height of the roofline, when located on residential lots
with average slopes of twenty-five percent (25%) or greater or located in the hillside
resource residential and hillside residential general plan land use designations.
SITE DESCRIPTION
Situated in the center of Fairhills Drive adjacent to Valley View Avenue, the project site is
accessible via driveway on the east side of the property. Its surroundings comprise single-
family residential properties on the hillside. The majority of the property features
preexisting driveway pool and house.
PROJECT DESCRIPTION
The project proposes to construct a new entry and a reconstruction from a flat roof to a
sloped roof. This roofline alteration results in a 5.5-foot increase to the height of the
structure.
PUBLIC HEARING
On October 18, 2023, a Zoning Administrator meeting was convened for this
Environmental and Design Review Permit ED23-052. The Acting Zoning Administrator
for this meeting, Michaela O’Brien, opened the meeting at 10:05 am.
A. Applicant presentation
The applicant gave a brief presentation on the project, summarizing the proposed work.
B. Public Comments
ZA Minutes and Notice of Decision
October 18, 2023
407 Fairhills Drive
ED23-052 (PLAN23-121)
2
There’s no one in attendance that wishes to provide public comment.
C. ZA discussion
The Zoning Administrator approved the project.
These conditions of approval are listed below and included as part of the Zoning
Administrators decision. As such the request for an Environmental and Design Review
Permit to adjust the roofline on a property located on hillside was approved.
The meeting was adjourned at 10:15 am.
FINDINGS
CEQA Findings
The project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of
Regulations, §15000, et seq.) pursuant to Section 15301 of the CEQA Guidelines
(Existing Facilities).
Environmental and Design Review Permit Findings (SRMC §14.25.090)
A. That the project design is in accord with the general plan, the objectives of
the zoning ordinance and the purposes of this chapter;
The lot is located in R20 zoning district where most commonly single-family homes
are found within the surrounding neighborhood. This proposed work meets the
General Plan LU-3.2: to enhance neighborhood image and design quality by
enhancing the roofline design to match surrounding properties.
B. That the project design is consistent with all applicable site, architecture and
landscaping design criteria and guidelines for the district in which the site is
located.
The proposed project design has been evaluated against SRMC Section 14.04.030
and 14.12.030 and the Design Guidelines Applicable to All Hillside Residential
Development Projects (Design Guidelines). The proposed design is in compliance
with all the requirements in which the property is regulated.
C. That the project design minimizes adverse environmental impacts; and
ZA Minutes and Notice of Decision
October 18, 2023
407 Fairhills Drive
ED23-052 (PLAN23-121)
3
The proposed project design does not look to have an effect on the surrounding
environment. The project design will not increase the Natural State that currently
stands.
D. That the project design will not be detrimental to the public health, safety or
welfare, nor materially injurious to properties or improvements in the vicinity.
The project is under review by the Building Division and the Fire Department to
make sure construction is in compliance with applicable building and fire code.
CONDITIONS OF APPROVAL
Planning Division Standard Conditions of Approval
1. Approved Project. This Environmental and Design Review Permit conditionally
approves a single-family home remodel and design located at 407 Fairhills
Drive. Plans submitted for building permit shall be in substantial conformance
to the approved plans dated June 1, 2023, with regard to building techniques,
materials, elevations, and overall project appearance except as modified by
these conditions of approval. Minor modifications or revisions to the project
shall be subject to review and approval by the Community Development
Department, Planning Division. Modifications deemed greater than minor in
nature by the Community Development Director shall require review and
approval by the Planning Commission.
2. Subject to All Applicable Laws and Regulations. The approved use and/or
construction is subject to, and shall comply with, all applicable City Ordinances
and laws and regulations of other governmental agencies. Prior to construction,
the applicant shall identify and secure all applicable permits from the Building
Division, Public Works Department and other affected City divisions and
departments.
3. Permit Validity. This Permit shall become effective on October 25, 2023 and
shall be valid for a period of two (2) years from the date of final approval or
October 25, 2025, and shall become null and void if a building permit is not
issued or a time extension granted by October 25, 2025. A permit for the
construction of a building or structure is deemed exercised when a valid City
building permit, if required, is issued, and construction has lawfully
commenced. A permit for the use of a building or a property is exercised when,
if required, a valid City business license has been issued, and the permitted
use has commenced on the property.
4. Building Permit. Prior to the commencement of work, a building permit shall be
obtained from the Building Division.
ZA Minutes and Notice of Decision
October 18, 2023
407 Fairhills Drive
ED23-052 (PLAN23-121)
4
5. Construction Hours. Except as otherwise provided in subsection B of the San
Rafael Municipal Code Section 8.13.050, or by the planning commission or city
council as part of the development review for the project, on any construction
project on property within the city, construction, alteration, demolition,
maintenance of construction equipment, deliveries of materials or equipment,
or repair activities otherwise allowed under applicable law shall be allowed
between the hours of seven a.m. (7:00 a.m.) and six p.m. (6:00 p.m.), Monday
through Friday, and nine a.m. (9:00 a.m.) and six p.m. (6:00 p.m.) on
Saturdays, provided that the noise level at any point outside of the property
plane of the project shall not exceed ninety (90) dBA. All such activities shall
be precluded on Sundays and holidays. Violation of the foregoing may subject
the permittee to suspension of work by the chief building official for up to two
(2) days per violation.
6. Colors, Materials, and Lighting. Colors, materials and lighting shall be designed
to avoid creating undue off-site light and glare impacts. New or amended
building or site colors, materials and lighting shall comply with San Rafael
Municipal Code Section 14.16.227, subject to review and recommendation by
the police department, public works department, and community development
department.
7. Exterior Lightning. Any exterior lighting shall be subject to a 90-day post
installation inspection to allow for adjustment and assure compliance with San
Rafael Municipal Code Section 14.16.227 - Light and glare. The project
proponent is responsible for hiring a qualified lighting expert to conduct the
inspection and to prepare a summary analysis verifying the projects meets City
standards to be submitted to the Planning Division.
8. Rooftop Equipment. Equipment placed on the rooftop of a building or in an
exterior yard area shall be adequately screened from public view. See Chapter
14.16 for exclusions to maximum height requirements and Chapter 14.25 for
design review requirements.
9. Mechanical Equipment. No swimming pool, hot tub, air conditioning unit or
mechanical equipment shall encroach into any front yard or street side yard
setback. No pump or filter installation, air conditioning unit or similar mechanical
equipment, including new but not limited to transformers for electric vehicle
charging stations and wind energy systems, shall be less than five feet (5') from
any property line. If a pump or filter or any similar mechanical equipment,
including new but not limited to transformers for electric vehicle charging
stations and wind energy systems, is located within fifteen feet (15') of any
bedroom window on an adjacent lot, a three (3) sided solid enclosure with
baffles to screen the equipment from the bedroom, or equally effective
measure(s), shall be provided to reduce noise impact. Sound attenuation shall
be provided around mechanical equipment to ensure that any mechanical noise
that is perceptible at the property line (and generally measured in direct line of
ZA Minutes and Notice of Decision
October 18, 2023
407 Fairhills Drive
ED23-052 (PLAN23-121)
5
sight of the equipment) is attenuated to the maximum extent practicable and
that daytime/nighttime thresholds established under SRMC Table 8.13-1 for the
applicable zoning district are not exceeded.
10. Temporary Fences. Temporary security fences may be erected around
construction sites during the time a valid building permit is in effect for
construction on the premises. Temporary security fences need not comply with
San Rafael Municipal Section 14.16.140 and must be immediately removed
upon completion of the construction authorized by the building permit.
11. Landscape Projects. For all applicable landscape projects (new or rehabilitated
landscape area is equal to or greater than 5,000 square feet), landscape and
irrigation plans required by and submitted with this permit application shall be
designed and prepared to comply with the provisions and requirements of
MMWD Ordinance as adopted and periodically amended. The applicant shall
provide written verification of plan approval from MMWD prior to the issuance
of a building permit and/or grading permit. See Marin Water Landscape Plan
Review.
ACTION TAKEN: On October 18, 2023, the Zoning Administrator Approved the
requested Minor Environmental and Design Review (ED23-052) subject to the
Findings and Conditions above.
This Notice of Zoning Administrator decision is provided in compliance with SRMC
Section 14.28.050 - Notice of decision. Any aggrieved party may appeal this decision
pursuant to SRMC Section 14.28.030 - Filing and time limit of appeals, by submitting a
letter of appeal and the appropriate fees within five (5) working days of the date of
approval, or by October 25, 2023 at 4:00 p.m. This approval shall become effective at
the end of the appeal period.
Once a permit approval has been implemented/established in compliance with all City
requirements, it shall run with the land and be valid for the time period specified; e.g.,
duration of the project/use.
10/24/23
Michaela O’Brien, Acting Zoning Administrator Date