HomeMy WebLinkAboutZoning Administrator Hearing 2023-07-19 Minutes
SAN RAFAEL ZONING ADMINISTRATOR
REGULAR HEARING
July 19, 2023
Minutes and Notice of Decision (Pursuant to San Rafael Municipal Code 14.28.050)
10:10 -11:00 am 1. 380 Margarita Drive - Request for an Environmental and Design
Review Permit for the construction of a new single-family home
with a detached garage on a hillside property; APN: 015-320-03;
Planned Development District (PD) 1808-H; Will Kelty, Owner
and Applicant; File No: ED21-011 (PLAN21-019)
Project Planner: Renee Nickenig
PERMITS REQUIRED
A Minor Environmental and Design Review Permit, Zoning Administrator, is required for
modifications to approved plans pursuant to Planned Development Villa Margarita Hillside
Overlay District (PD 1808-H).
An Environmental and Design Review Permit and Design Review Board (DRB)
recommendation is required for retaining walls over four feet (4′) in height on hillside
parcels (San Rafael Municipal Code Section 14.16.140.A.2.a).
SITE DESCRIPTION
Situated north of Margarita Drive, the project site is accessible via an access easement.
Its surroundings comprise single-family residential properties to the south, southwest, and
southeast, while to the north, northwest, and northeast, it is bordered by public open
space and Harry Barbier Memorial Park. The majority of the property features undisturbed
hillside terrain, except for a pre-existing graded portion in the southern area, which is
designated for development.
PROJECT DESCRIPTION
The project proposes to construct an approximately 3,990 sq. ft. single-family home with
an accompanying approximately 1,296 sq. ft. pool, and an approximately 1,767 sq. ft.
detached garage. Both structures are one-story tall with flat roofs and overhanging eaves.
The project includes a new paved driveway and turnaround. Retaining walls that range in
height from 4 feet to 9 feet tall are proposed in order to clear space for the proposed
driveway.
The proposed single-family residence includes a central dining and living area flanked by
guest and master bedrooms and a separate closet. The detached accessory structure
includes a two-car garage, a storage space, and an additional guest bedroom.
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The project is designed as a single rectangular primary structure with predominantly glass
walls and a flat roof. The glass walls are interrupted with dark mullions, and remaining
wall surfaces appear as solid concrete. The flat roof extends to overhanging eaves with
wide vertical facias. A pool extends from the southeast-face portion of the residence
supported by unarticulated retaining walls (maximum 17 feet tall). A dark brown color for
the exterior walls is proposed for the primary residence, guest house, pool wall, and
driveway retaining wall. The design of the accessory guest house echoes that of the
primary residence.
The proposed landscaping is minimal. The applicant has noted that Coast Live Oak
(Quercus agrifolia) will be installed to screen the proposed pool wall.
BACKGROUND/PRIOR APPROVALS
The project at 380 Margarita Drive proposes a single-family residence and guest house
on a vacant parcel in Planned Development District (PD) 1808-H. A single-family home
was previously approved at the property, for which parameters were developed to
address the site constraints, including the overall grade and the significant ridgeline
oriented north-south through the property.
PD 1808-H includes objective standards and includes a section titled “Architectural
Standards”. These standards describe the house that was previously proposed for the
subject lot (Lot B) as follows:
“Lot B- The design consists of a tree-level integrated colored stucco home with
“terra-cotta” colored barrel tile roofing. Driveway access follows already existing
driveway cuts, includes a fire department required radius turn reconstruction, and
terminates in a textured motor courtyard. The landscaping plan includes the
addition of 59 new trees and is proposed for the immediate perimeter of the
residence and framing the driving, leaving the great majority of the property in its
natural state. Modifications to approved plans shall be process by the Zoning
Administrator.”
The current proposal complies with the site parameters outlined but deviates significantly
from the described design. In addition to the Zoning Administrator hearing requirement,
the project required review by the Design Review Board (DRB) for the over four-foot
retaining walls proposed outside of the established “building envelope” (per SRMC
Section 14.16.140.2.a.).
First DRB Meeting - November 8, 2022
This project was previously reviewed by the DRB on November 8, 2022. The staff report
included a detailed review of the property facts and development standards for the
property (Exhibit 1). The DRB requested that the applicant submit additional materials for
review, including:
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1. Confirmation that the Marin Municipal Water District (MMWD) can service the
property without installing an above-grade water tank,
2. Color samples and renderings showing an alternative color for the residence that
would better blend with the ground and surrounding environment,
3. Landscape plan,
4. Plan for proposed solar panels if any, and
5. Geotechnical analysis
The DRB also requested that the applicant address the large pool retaining walls with a
screening technique and/or an alternative design that would minimize the visual impact.
Second DRB Meeting - March 21, 2023
Member Summers moved, Vice Chair Kent seconded recommendation that the Zoning
Administrator approve the project if the applicant addresses the following comments:
1. Provide at least five shrubs in front of the swimming pool retaining wall of a species
and location to be approved by City staff in consultation with Vice Chair Kent.
2. The removal of existing invasive plants on the project site, such as pampas grass,
is required.
3. The tree species originally proposed to be planted in front of the swimming pool
retaining pool must be revised to a species that has been approved by City staff in
consultation with Vice Chair Kent.
4. The material proposed for the retaining wall along the driveway must be changed
to either board formed or split-faced concrete. Additionally, the color of this
retaining wall should be revised to closely match the color of the building wall. The
color must be achieved through pigmentation of the material, rather than applying
paint onto the wall.
PUBLIC HEARING
On July 19, 2023, a Zoning Administrator meeting was convened for this Minor
Environmental and Design Review application (ED21-011). The Acting Zoning
Administrator for this meeting, Renee Nickenig, Associate Planner, opened the meeting
at 10:10 am.
A. Applicant presentation
The applicant was not present at the meeting. The Planner presented a summary
of the project and the parameters of the project review.
B. Public Comments
There were three people in attendance wishing to provide public comment. Below
is a summary of the comments provided during the meeting:
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Erica Blair (neighbor)
• Noted that while there will be limited visibility of the new residence from other
locations in San Rafael, the new residence will be directly visible from the
surrounding neighbors.
• Concern for potential landslide risk.
• Potential impact on surrounding property owners who share the private easement
which provides access to the project site during and after construction.
Theresa Campbell (neighbor)
• Concern for potential landslides and requirement to stabilize the site
• Concern that the fire truck turnaround is not sufficient
• Concern regarding water availability for the site
Daniel Campbell (neighbor)
• Supported acknowledgment that the new residence will be directly visible from
surrounding properties
• Concern of fire, flood, and landslide risk, noting recent fires and existing mudslide
scars at and surrounding the project site
• Concern that the proposed installation of oak trees will significantly increase the
vegetation output at the site and collection at Margarita Drive below.
C. ZA discussion
The Zoning Administrator summarized and addressed the concerns that have been
disclosed by those in attendance. The Zoning Administrator reiterated the purview of
the Planning Division to review the design change and retaining walls proposed and
clarified that the life and safety concerns will be addressed in the building permit phase
of the project.
The Zoning Administrator Conditionally 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
to allow for the construction of a new single-family home with a detached garage on a
hillside property at 380 Margarita Drive was approved with conditions.
The meeting was adjourned at 11:00 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 15303 of the CEQA Guidelines
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(New Construction or Conversion of Small Structures). Furthermore, none of the
exceptions found in Government Code §15300.2 apply.
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 project is located in Planned Development District (PD) 1808-H, where a
single-family home on the lot (Lot B) was previously approved. The proposal to
construct a single-family home is in keeping with the intent of PD 1808-H, the
following General Plan 2040 policies in support of residential development and
hillside protection and preservation: Policy LU-1.8: Density of Residential
Development; Policy CDP-1.3: Hillside Protection; and Policy C-1.10: Hillside
Preservation.
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
14.12.030 and the Design Guidelines Applicable to All Hillside Residential
Development Projects (Design Guidelines). The proposed design is in complaint
with SRMC Section 14.12.030 but deviates from the published Design Guidelines.
The DRB supports the design as proposed, noting that the elements that deviate
from the Design Guidelines are appropriate for the site and will be overall less
impactful than the design previously approved in PD 1808-H.
C. That the project design minimizes adverse environmental impacts; and
During the adoption of PD 1808-H and the establishment of the "building
envelope," the potential impact on the existing site and environment was
thoroughly considered. The proposed project will be confined within this
designated "building envelope," with the exception of the necessary driveway and
retaining walls. These elements are required for safe access to the site and the
proposed single-family residence, as well as to minimize grading. Furthermore, the
project applicant has submitted a soils report indicating that the project is feasible
from a geotechnical perspective.
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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, the Fire Department, the
Department of Public Works, and the Marin Municipal Water District.
The project proposes to install five (5) trees to screen the pool walls and vegetation
in the identified bioretention areas. The applicant will be required to install plants
and trees that are approved by the Marin Municipal Water District and the Fire
Department to limit excessive water use and encourage fire safety. The Fire
Department will additionally require a Vegetation Management Plan prior to
building permit issuance.
Planning Division Standard Conditions of Approval
1. Approved Project. This Environmental and Design Review Permit conditionally
approves a single-family home and accessory structure at the vacant lot
located at 380 Margarita Drive. Plans submitted for building permit shall be in
substantial conformance to the approved plans dated July 19, 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 July 27, 2023 and shall
be valid for a period of two (2) years from the date of final approval or July 27,
2025, and shall become null and void if a building permit is not issued or a time
extension granted by July 27, 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.
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4. Building Permit. Prior to the commencement of work, a building permit shall be
obtained from the Building Division.
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
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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
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.
Site Specific Conditions of Approval
12. Landscape Maintenance. All landscaping shall be maintained in good condition
and any dead or dying plants, bushes, trees, or groundcover plantings shall be
replaced with new healthy stock of a size appropriate and compatible with the
remainder of the growth at the time of replacement.
13. Approved Materials and Colors. The approved materials and colors for the
project shall be indicated on project plans submitted for building permit and
implemented in the field. Any changes in materials or colors shall be subject to
prior review and approval by the City Planning Division, and a determination as
to whether the change is major or minor. Any changes to the approved
materials or colors shall be clearly indicated on plans and receive written
verification that this change has been reviewed and approved by the Planning
Division.
ACTION TAKEN: On July 19, 2023, the Zoning Administrator Conditionally
Approved the requested Minor Environmental and Design Review (ED21-011)
subject to the Findings and Conditions.
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
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approval, or by July 26, 2023 at 5:00 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.
07/20/2023
Renee Nickenig, Acting Zoning Administrator Date