HomeMy WebLinkAboutZoning Administrator Hearing 2025-01-29 Agenda PacketZoning Administrator Hearing
Wednesday, January 29, 2025
10:00 AM
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Agenda
1. 302 Upper Toyon Drive, Upper-story addition and Site Improvements
Request for an Environmental and Design Review permit for a 522 square -foot
upper-story addition, window replacement, change in exterior materials, and
outdoor site improvements to an existing 2,828 square -foot single-family
residence on a 1.9 -acre parcel.
2. Adjournment
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Community Development Department –
Planning Division
Meeting Date: January 29, 2025
Project Number(s): PLAN24-180/ED24-043
Project Planner:
Jose M. Herrera-Preza, Principal Planner
Agenda Item: 1
REPORT TO ZONING ADMINISTRATOR
SUBJECT : 302 Upper Toyon Drive; Request for an Environmental and Design Review permit
for a 525 square-foot upper-story addition, window replacement, change in exterior
materials, and outdoor site improvements to an existing 2,929 square-foot single-
family residence on a 1.9-acre parcel. APN: 012-201-45; Single-Family Residential
District R1a-H; PLAN24-180/ED24-043.
EXECUTIVE SUMMARY
Pursuant to San Rafael Municipal Code (SRMC) Section 14.04.030, 14.01.030, &14.25.040, a
Zoning Administrator Environmental and Design Review Permit is required for minor physical
improvements consisting of residential additions over 500 square -feet in size and modifications that
increase the roofline in the hillside resource residential area.
PROJECT DESCRIPTION
The subject property is a 1.9-acre parcel in a heavily wooded hillside resource area . The property is
surrounded by developed parcels with residences of similar size. The property contains a two -story
2,929 square-foot mid-century single-family residence with a detached garage. The project scope
consists of interior and exterior alterations and outdoor site improvements to the front and rear yards.
The scope of work within the interior of the residence consists of remodeling of existing areas of the
residence and alteration of the floor plan to accommodate a new central stair corridor connecting the
existing lower floor and the new upper floor. The project proposes to add a 118 square-foot addition
to the lower floor to expand the existing floor area, add 30 square-feet to the main floor, and a 525
square-foot upper-story addition consisting of a fourth bedroom, a bathroom, and an outdoor terrace.
The existing two-story 2,929 square-foot single-family residence will increase in size to a three-story
3,602 square-foot residence. The height of residence will result in a 5’ height increase of the building
from 18’ at the front elevation to 23’ and through the incorporation of stepbacks the addition will
increase the height to 30’ from finished grade. The exterior materials will change from stucco walls
and asphalt shingle roof ing to vertically and horizontally applied wood siding accent and stucco to
walls and a standing seam roof. The addition will preserve the existing mid-century architectural form
and incorporate design elements from the existing building such as horizontal siding, fenestration
patterns and window treatments.
Site improvements consist of improvements to the front yard including a repaving of a driveway
approach, replacing of garage door and garage roof. At the rear yard improvements include a new
trellis with outdoor kitchen facilities.
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FINDINGS
Findings for Environmental and Design Review Permit (ED 24-043)
CEQA Finding
Yes No
The project is categorically exempt
from the provisions of the California
Environmental Quality Act (CEQA)
and none of the exceptions of Section
15300.2 apply.
X Section 15301 (“Existing Facilities”) (e)
Additions to existing structures provided
that the addition will not result in an
increase of more than: (1) 50 percent of
the floor area of the structures before the
addition, or 2,500 square feet, whichever
is less.
Environmental and Design Review Permit (SRMC §14.25.090)
Yes No
Finding A
That the project design is
in accord with the general
plan, the objectives of the
zoning ordinance and the
purposes of this chapter:
X A an upper-story addition to a single-family
residence meets the intent of the Single -Family
Residential Zoning District. The proposed design is
entirely located within the existing building footprint
allowing the retention of the existing pattern of the
development on the site. The project is in accord
with the Hillside Overlay District in meeting the
required setbacks, the natural state requirement ,
and gross building square-footage requirements.
The project meets the criteria above by using the
existing developed areas of the parcel while
maintaining the amount of outdoor space.
Therefore, the proposed project is consistent with
the general plan and zoning ordinance.
Finding B
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:
X The proposed project preserves the architectural
style of the building by the uniform application of
exterior materials and matching roof lines. The
upper-story addition incorporates visual elements
from the existing building by incorporating horizontal
and vertical wood siding and compatible fenestration
patterns. The scale of the addition will increase the
overall building height 5’ feet (existing 24’-8”,
proposed 29’-8”) but incorporates design elements
to reduce visual bulk through the required 5’ step
back from exterior walls and maintaining the
architectural forms, such as roof lines, of the existing
building. In combination, the design is consistent
with all applicable hillside design criteria.
Finding C
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That the project design
minimizes adverse
environmental impacts:
X The proposal does not involve modifications to a
hillside, wetland, or other sensitive environmental
condition. The design of the addition is entirely
located within the existing building footprint. For the
reasons stated above, the project has minimized
adverse environmental impacts on the property.
Finding 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.
X A residential addition designed to preserve the
street fronting façade maintains the architectural
integrity of the residence and maintaining the
character of the neighborhood. Therefore, the
addition is not detrimental to existing and future
development in the area.
CONDITIONS OF APPROVAL
Conditions of Approval for ED24 -043
1. Approved Project. This Environmental and Design Review Permit PLAN24-180/ED24-043
conditionally approves the project at 302 Upper Toyon Drive. Plans submitted for building
permit shall be in substantial conformance to the approved plans dated November 8, 2024,
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 and Economic
Development Department, Planning Division. Modifications deemed greater than minor in
nature by the Community and Economic Development Director shall require review and
approval by the Zoning Administrator.
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 February 6, 2025, and shall be valid
for a period of two (2) years from the date of final approval or February 6, 2027, and shall
become null and void if a building permit is not issued or a time extension granted by
February 6, 2027. 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 require d, 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.
5. Conditions Shall be Printed on Plans. The conditions of this Permit shall be printed on the
second sheet of each plan set submitted for a building permit. Additional sheets may also
be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s)
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containing the conditions shall be of the same size as those sheets containing the
construction drawings; 8-1/2” by 11” sheets are not acceptable.
6. Applicant Responsible for Compliance with Conditions. The applicant shall ensure
compliance with all of the following conditions, including submittal to the project planner
of required approval signatures at the times specified. Failure to comply with any condition
may result in construction being stopped, issuance of a citation, and/or modification or
other remedies.
7. 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 equ ipment, 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 si x 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.
8. 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 and Economic Development department.
9. 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.
10. Discovery of Cultural, Archaeological or Paleontological Resources or Human Remains .
If, during the course of construction potential resources or remains are found: All work is
to stop within 100 feet of the finding and may not continue until the appropriate action
listed below is satisfied.
A. If it is a cultural, archaeological or paleontological resource: the City of San
Rafael and a qualified archeologist are to be notified immediately. The qualified
archeologist will contact Federated Indians of Graton Rancheria (FIGR) and the
Planning Division and coordinate the appropriate evaluation of the find and
implement any additional treatment or protection, if required. No work shall occur
in the vicinity until approved by the qualified archeologist, FIGR and Planning staff.
B. If human remains are encountered during any project -related activity, all work
is to halt within 100 feet of the project and the project sponsor shall contact both
Planning staff and the County Coroner. If the County Coroner determines that the
human remains are of Native American origin, the Planning staff shall notify FIGR
within 24-hours of such identification who will work with Planning staff to determine
the proper treatment of the remains.
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11. 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.
12. 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.
13. 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.
14. 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 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
before implemented.
15. Indemnity Agreement. The Applicant or permittee shall defend, indemnify, and hold
harmless the City of San Rafael or its agents, officers, and employees from any claim,
action, or proceeding brought by a third party against the City of San Rafael or its agents,
officers, or employees to attack, set aside, void, or annul an approval of the Planning
Commission, City Council, Community and Economic Development Director, or any other
department, committee, or agency of the City concerning a development, varianc e, permit
or land use approval which action is brought within the time period provided for in any
applicable statute; provided, however, that the Applicant’s or permittee’s duty to so
defend, indemnify, and hold harmless shall be subject to the City’s promptly notifying the
Applicant or permittee of any said claim, action, or proceeding and the City’s full
cooperation in the Applicant’s or permittee’s defense of said claims, actions, or
proceedings.
16. Severability. If any term, provision, or portion of these findings or the application of these
findings to a particular situation is held by a court to be invalid, void or unenforceable, the
remaining provisions of these findings, or their application to other actions related to the
Project, shall continue in full force and effect unless amended or modified by the City.
17. Notice of Fees Protest The applicant may protest any fees, dedications, reservations, or
other exactions imposed by the City as part of the approval or as a condition of approval
of this development. Per California Government Code Section 66020, this 90 -day protest
period has begun as of the date of the approval of this application.
Fire Prevention
18. Must comply with memorandum dated November 18, 2024.
Department of Public Works
19. Must comply with memorandum dated December 2, 2024.
PUBLIC COMMENT
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Notice of hearing for the project was conducted in accordance with noticing requirements contained
in Chapter 14.29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property
owners and occupants within a 300 -foot radius of the subject site and all other interested parties, 15
calendar days prior to the date of this hearing. No public comment has been received by the date of
this staff report.
RIGHT TO APPEAL
This decision is final unless an appeal is filed within five (5) working days of the decision being
contested. Appeals shall be made in writing and shall set forth the grounds for the appeal.
Appeals shall be accompanied by the required filing fee.
Attachments
a. Fire Bureau Prevention Memo dated Nov. 11, 2024.
b. DPW Memo dated Dec. 2, 2024.
CITY OF SAN RAFAEL
SAN RAFAEL, CALIFORNIA
INTER-DEPARTMENTAL MEMORANDUM
DATE: November 18, 2024
TO: JOSE HERRERA PREZA
FROM: Robert Sinnott, Fire Department
SUBJECT: Planning File #PLAN24-180 - 302 UPPER TOYON DR
INTERIOR AND EXTERIOR RENOVATION WITH ADDITION AND SITEWORK
This memorandum is intended to assist the applicant in determining the feasibility of this project and in
the preparation of construction documents regarding compliance with the California Code of Regulations
Title 24 and local ordinance requirements. After reviewing the application and plans provided for this
project, the Fire Prevention Bureau has the following comments:
1.The design and construction of all site alterations shall comply with the 2022 California Fire
Code, current NFPA Standards, and all applicable City of San Rafael Ordinances and
Amendments.
2.Deferred Submittals for the following fire protection systems shall be submitted to the Fire
Prevention Bureau for approval and permitting prior to installation of the systems:
a.Fire Sprinkler plans conforming to NPFA 13D.
3.Provide address numbers plainly visible from the street or road fronting the property. Numbers
painted on the curb do not qualify as meeting this requirement. Numbers shall contrast with the
background and shall be Arabic numbers or letters. Numbers shall be internally or externally
illuminated in all new construction or substantial remodels. Number sizes are as follows: For
residential – 4” tall with ½” stroke.
4.Ensure that all vegetation on property conforms to SRMC Chapter 4.12.
These preliminary comments could change as the project progresses through the review processes.
ATTACHMENT A
Review Comments: 302 Upper Toyon Dr PLAN24-180
Department of Public Works Page 1 of 1 City of San Rafael
DATE: December 2, 2024
TO: Jose Herrera Pereza – Senior Planner
FROM: Megan Kelly
Assistant Civil Engineer, Department of Public Works
SUBJECT: PLAN24-180 – 302 Upper Toyon Dr (Interior & Exterior Renovations)
We have reviewed the referenced application and find that it is Complete with the following
informational comments:
1. Some of the existing walls and portion of existing garage improvement to remain
appears to be located within the Public Right-of-Way and is therefore a minor continuing
encroachment as defined by Section 11.04.020 of the San Rafael Municipal Code
(S.R.M.C.). A retroactive minor continuing encroachment permit is not required for this
existing improvement. Please note that pursuant to S.R.M.C. Section 11.04.040.070, the
City may request removal of this existing improvement in the future if it conflicts with a
City project.
2. A construction vehicle impact fee (Street Maintenance Fee) shall be required at the time
of building permit issuance, which is calculated at 1% of the valuation, with the first
$10,000 of valuation exempt.
3. Please provide an earthwork summary on the plans including expected cubic yards of
cut and fill on the building permit submittal. For projects with 50 cubic yards or more of
earthwork, a grading permit shall be required from the Department of Public Works prior
to start of construction.
Additional comments may be provided based on further review of detailed plans and
reports.
Please contact Assistant Engineer, Megan Kelly or Associate Civil Engineer, Sarah Teplitsky
with the City of San Rafael Public Works Department with questions regarding these comments.
Megan Kelly – By phone at 415-485-3454 or email at megan.kelly@cityofsanrafael.org
Sarah Teplitsky – By phone at 415-725-0176 or email at sarah.teplitsky@cityofsanrafael.org
INTERDEPARTMENTAL MEMORANDUM
ATTACHMENT B