HomeMy WebLinkAboutCC Resolution 15398 (Hillside Single Family Home)
RESOLUTION NO. 15398
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE
REQUESTED MAJOR ENVIRONMENTAL AND DESIGN REVIEW (ED24-001) AND
EXCEPTION (EX24-003) TO SPECIFIED HILLSIDE DEVELOPMENT STANDARDS
FOR A NEW SINGLE-FAMILY RESIDENCE ON A HILLSIDE LOT WITH A REDUCED
FRONT YARD SETBACK, A DECREASED SETBACK FROM THE GARAGE, AND A
REDUCTION OF ONE REQUIRED OFF-STREET GUEST PARKING SPACE
APN: 015-073-10
(Text shown in strike-through is deleted and text shown in underline is added)
WHEREAS, on September 13, 2023, Bacilia Macias (Applicant) submitted a
request for an Environmental and Design Review Permit and Exception for a proposed
new single-family residence (“Project”); and
WHEREAS, on January 28, 2025, the San Rafael Planning Commission held a
duly noticed public hearing on the proposed new construction and exception, and
unanimously recommended approval to the Project; and
WHEREAS, on April 7, 2025, the San Rafael Council held a duly noticed public
hearing on the proposed Environmental and Design Review Permit and Exception for a
proposed new single-family residence.
NOW THEREFORE BE IT RESOLVED, the City Council makes the following
findings based on its independent judgment after considering the Project, and having
reviewed and taken into consideration all written and oral information submitted in this
matter relating to the Environmental and Design Review (ED24-001) and Exception
(EX24-003):
ENVIRONMENTAL REVIEW
The Project is exempt from review pursuant to CEQA Guidelines 15061(b)(3) and to
Section 15303 of the CEQA Guidelines (New Construction or Conversion of Small Structures) as
the activity in question will not have a significant effect on the environment.
ENVIRONMENTAL AND DESIGN REVIEW FINDINGS
(ED24-001)
A. The project design is in accord with the general plan, the objectives of the
zoning ordinance and the purposes of this chapter:
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The Project design is in accord with the general plan, the objectives of the zoning
ordinance and the purposes of San Rafael Municipal Code (SRMC), as the Project
is in accord with the Low Density Residential designation in General Plan 2040
and the policies to support residential building in hillside areas (Policy LU-1.8:
Density of Residential Development; Policy CDP-1.3: Hillside Protection; and
Policy C-1.10: Hillside Preservation); the Project is located in the R10 Zoning
District where single-family homes are permitted by right; and the Project is being
reviewed in accord with the findings required for an environmental and design
review (SRMC Section 14.25.090) and an exception from the hillside development
standards (SRMC Section 14.12.040).
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:
The Project generally conforms with the property development standards for the
R10 zoning district (SRMC Section 14.04.030) and for the Hillside Development
Overlay District (SRMC Section 14.12.020) and meets the findings required for
exceptions to the development standards for which the proposed design does not
meet. The Project was assessed against the design review criteria established in SRMC
Section 14.25.050 and is compliant with all relevant elements.
C.The project design minimizes adverse environmental impacts:
The Project is limited to the existing graded portion of the site and will not require
excessive grading into the hillside.
D.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 has been reviewed by the Building Division and the Fire Department
and the location and orientation of the driveway has been reviewed for safe access
by the Department of Public Works.
EXCEPTION (HILLSIDE) FINDINGS
(EX24-003)
A.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 main tain a strong relationship to the
natural setting:
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Limiting the Project to the existing graded portion of the site will avoid excessive
grading and preserve the remaining natural hillside; the orientation of the driveway
allows for more building area on the site in consideration of the existing condition
of the street; and the Project will not exceed the maximum height or stepback
requirements for hillside properties.
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.
Locating the Project towards the front of the property will preserve the natural
hillside in the rear yard as is present along surrounding properties, minimizing
visual impacts and protecting significant trees and natural resources.
CONDITIONS OF APPROVAL
(PLAN23-125)
Planning Division
1.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.
2.Term of Approval. This Design Review Permit (ED24-001) and Exception (EX24-
003) shall be valid for two years from the date of approval of the City Council and
shall be null and void if a building permit is not exercised or a time extension
granted prior to the expiration date. 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.
3.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.
4.Plans and Representations Become Conditions. All information and
representations, whether oral or written, including the building techniques,
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materials, elevations and appearance of the Project, as presented at the City
Council meeting dated April 7, 2025 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
Director. Modifications deemed not minor by the Director may require review and
approval as an amendment to the Environmental and Design Review Permit.
5. Subject to All Applicable Laws and Regulations. The Project is subject to, and shall
comply with, all applicable City Ordinances and laws and regulations of other
governmental agencies. Prior to any construction, the applicant shall identify and
secure all applicable permits from the Planning and Building Division s, Public
Works Department and other affected City divisions and departments.
6. Construction Hours: Consistent with the City of San Rafael Municipal Code Section
8.13.050.A, construction hours shall be limited to 7:00 a.m. to 6:00 p.m. Monday
through Friday and 9:00 a.m. to 6:00 p.m. on Saturdays. Construction shall not be
permitted on Sundays or City-observed holidays. Construction activities shall
include delivery of materials, hauling materials off -site; startup of construction
equipment engines, arrival of construction workers, paying of radios and other
noises caused by equipment and/or construction workers arriving at, or working
on, the site.
7. 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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8. 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.
9. 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 th e
Director.
10. 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 applicant
shall prepare a landscape plan and supportive materials that comply with the Marin
Municipal Water District (MMWD) Ordinance No. 414, and future amendments as
adopted. Prior to the issuance of a grading permit, the applicant shall provide
written verification of plan approval from MMWD.
11. Mechanical Equipment to be Screened. All mechanical equipment (i.e., air
conditioning units, meters and transformers) and appurtenances not entirely
enclosed within the structure (on side of building or roof) shall be screened from
public view. The method used to accomplish the screening shall be indicated on
the building plans and approved by the Planning Division prior to issuance of a
building permit.
12. Exterior Lighting. All exterior lighting shall be energy efficient where feasible; and
shielded and directed downward and away from property lines to prevent
excessive glare beyond the subject property.
Department of Public Works
13. A plan review letter from the project geotechnical engineer confirming that the
project drawings are in conformance with their recommendations will be required
prior to building permit issuance.
14. Projects that create or replace over 2,500 square feet of impervious surface are
considered small projects and are required to provide a stormwater control plan
for small projects in accordance with BASMAA and MCSTOPPP standards prior
to building permit issuance.
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More information and templates are available from the MCSTOPPP website. See
tools and guidance, and post construction requirements at:
https://mcstoppp.org/2020/03/new-andredevelopment/
15. Prior to start of construction, a grading permit shall be required from the
Department of Public Works. Applications can be found on the City’s website:
https://www.cityofsanrafael.org/grading-permits/
16. A minor temporary encroachment permit is required from the Department of
Public Works prior to conducting any work within or any time the Public Right-of-
Way (ROW) is restricted. This includes placing debris boxes, material
delivery/storage, and or contractor vehicle parking that limits emergency vehicle
access within the ROW. The submitted information for the encroachment permit
shall include the construction management details on the proposed location and
duration of debris boxes, material delivery/storage, and contractor vehicle
parking. Encroachment permits can be applied for online on the city of San
Rafael website: https://www.cityofsanrafael.org/encroachment -permits/
17. A construction vehicle impact 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.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of the City of San Rafael, held on Monday, the 7th day of April 2025, by the
following vote, to wit:
AYES: Councilmembers: Kertz, Hill, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Bushey
________
Lindsay Lara, City Clerk
