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Home My WebLink AboutZoning Administrator Hearing 2024-09-25 Agenda PacketZoning Administrator Hearing Wednesday, September 25, 2024 10:00 AM Join In-Person Meeting: Community Development Small Meeting Room San Rafael City Hall 1400 Fifth Avenue, 3rd Floor San Rafael, CA 94901 Join Virtual Meeting: Zoom Website/App: http://tinyurl.com/ZA-Hearing-2024 or Telephone: (669) 444-9171 Meeting ID: 832 2935 4287# Agenda 1. 3 Welch Street, Environmental and Design Review PLAN24-109 Request for an Environmental and Design Review Permit to allow for the construction of a rear two-story addition to an existing two-story Single-Family Residence. APN: 012-062-13; Single-Family Zoning District (R5) Permit # PLAN24-109 (ED24-026). 2. Adjournment - 1 - Community Development Department – Planning Division Meeting Date: September 25, 2024 Project Number(s): ED24-026/ PLAN24-109 Project Planner: Jose M. Herrera-Preza, Principal Planner Agenda Item: 1 REPORT TO ZONING ADMINISTRATOR SUBJECT: 3 Welch Street. Residential addition and interior alteration to an existing two- story Single-Family Residence. APN: 012-062-13; Zoning District: R5; ED24-026 (PLAN24-109) EXECUTIVE SUMMARY Pursuant to San Rafael Municipal Code (SRMC) Section 14.25.040, an Environmental and Design Review is required for minor physical improvements for residential additions over 500 square feet and modifications that increases the height of the roofline. PROJECT DESCRIPTION The subject property is a 4,620 square foot mid-block parcel on the Southeast side of Welch Street. The parcel is surrounded by multi-story detached single-family residences and multi- family buildings. The property contains a 1,664 square foot two-story bungalow with “in-tact” elements such as a front porch, window trim and sill, exterior siding and minor exterior details of a well-maintained home constructed at the turn of the century. The proposed project will remodel and construct a 723 square foot rear addition to the existing residence. The addition will result in a reduction of the existing building footprint (existing 1,712 square-feet, proposed 1,526 square-feet), a two-foot increase in roofline height (existing 26’-8”, proposed 28’-8”) and 329 square-foot of additional floor area (existing 1,664 square-feet, proposed 1,993 square-feet). The addition will preserve the existing front façade and incorporate design elements from the existing building such as horizontal siding, fenestration patterns and window treatments. - 2 - FINDINGS Findings for Environmental and Design Review Permit (ED24-026) 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 rear two-story addition to a single-family residence meets the intent of the Single-Family Residential Zoning District. The proposed design is almost entirely located within the existing building footprint allowing the retention of the existing pattern of the development in the neighborhood while maintaining the amount of outdoor space on the parcel. Therefore, the proposed projects 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 addition preserves the street fronting façade, therefore maintains the unique pattern of row homes along Welch Street. The rear addition incorporates visual elements from the existing building by incorporating horizontal siding and compatible fenestration pattern. The scale of the addition will increase the overall building height 2’ feet (existing 26’-8”, proposed 28’-8”) but incorporates design elements to reduce visual bulk through the use of bay windows and maintaining the architectural forms, such as roof lines, of the existing building. In combination, the design is consistent with all applicable design criteria. Finding C - 3 - 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 almost 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 ED24-026 1. Approved Project. This Environmental and Design Review Permit (ED24-026) conditionally approves the rear upper-story residential addition and interior alterations at 3 Welch Street. Plans submitted for building permit shall be in substantial conformance to the approved plans dated May 15, 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 Development Department, Planning Division. Modifications deemed greater than minor in nature by the Community 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 September 30, 2024 and shall be valid for a period of two (2) years from the date of final approval or September 30, 2026, and shall become null and void if a building permit is not issued or a time extension granted by September 30, 2026. 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 - 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) 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. Plans and Representations Become Conditions. All information and representations, whether oral or written, including the building techniques, materials, elevations and appearance of the project, as presented at the Zoning Administrator meeting dated (September 25, 2024) shall be the same as required for the issuance of a building permit, except as modified by these conditions of approval. Minor modifications or revisions to the project shall be subject to review and approval by Community and Economic Development Department Director. Modifications deemed not minor by the Director may require review and approval as an amendment to the Environmental and Design Review Permit. 8. 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. 9. 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. - 5 - 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. Landscaping Shall Be Maintained. All landscaping included in this project approval shall be maintained in good condition in perpetuity and any dead or dying plants, bushes, or trees shall be replaced with new healthy stock of a size compatible with the remainder of the growth at the time of replacement to the satisfaction of the Director. 15. Landscaping and irrigation plans shall comply with Marin Municipal Water District's (MMWD) water conservation rules and regulations. The project must meet the Marin Municipal Water District's (MMWD) water conservation rules and regulations. For projects that are required to provide a water-efficient landscape pursuant to Section 14.16.370 of the San Rafael Municipal Code, the landscape plan and supportive materials shall comply with the Marin Municipal Water District (MMWD) Ordinance No. 414, and future amendments as adopted. Prior to the issuance of a building permit, a grading permit or other authorization or city approval to proceed with construction and landscape installation, the applicant must provide written verification of plan approval from MMWD. All new landscaping shall be meet the above requirement. 16. 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 - 6 - 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. 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. 18. 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, variance, 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. 19. 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. 20. 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. PUBLIC COMMENT 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. Two public comments were received via electronic mail during the public comment period. 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.