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HomeMy WebLinkAboutZoning Administrator Hearing 2025-06-11 Agenda PacketZoning Administrator Hearing Wednesday, June 11, 2025 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 Zoom Website/App: https://tinyurl.com/2025-ZA-Meeting or Telephone: (669) 444-9171 Webinar ID: 894 2390 5067# Agenda 1. 108 Wimbledon Way, Design Review Construction of a two-story rear addition and interior remodel to an existing single-family residence; APN: 010-216-03; Zoning District R7.5 Single Family Residential Zoning District; ED25-014 (PLAN25-029). 2. 320 Glen Park Avenue, Design Review Request of Environmental Design Review for an addition to the second story of an existing duplex; APN: 015-011-03; Zoning District DR; ED25013 (PLAN25- 007) 3. Adjournment - 1 - Community and Economic Development Department – Planning Division Meeting Date: June 11, 2025 Project Number(s): PLAN25-029/ED25-014 Project Planner: Jose M. Herrera-Preza, Principal Planner Agenda Item: 1 REPORT TO ZONING ADMINISTRATOR SUBJECT: 108 Wimbledon Way. Construction of a two-story rear addition and interior remodel to an existing single-family residence; APN: 010-216-03; Zoning District R7.5 Single Family Residential Zoning District; ED25-014 (PLAN25-029). 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. PROJECT DESCRIPTION The subject property is an 8,000 square-foot mid-block parcel in a residential area of the city. The property is surrounded by developed parcels with residences of similar size and scale. The property contains a two-story 1,865 square-foot mid-century single-family residence with an attached garage. The site contains a cross slope from the western interior side property line to the eastern interior side property line. The eastern side property line is where the lowest point of grade exists. The project scope consists of interior and exterior alterations to the rear of the residence. 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 front entry, kitchen and bathroom remodel. The project proposes to add a two-story 1,035 square-foot addition to the rear of the residence consisting of a fourth bedroom, a bathroom, and a family room. The existing two-story 1,865 square-foot residence will increase in size to a two-story 2,899 square-foot residence. The height of residence will not increase; therefore, the primary elevation remains at 23’ from finished grade. The exterior materials will change from stucco walls, vertical siding, and asphalt shingle roofing to horizontally applied cement fiber siding (v-grove), wood trim around windows and doors, new windows and doors throughout and a new asphalt shingle 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. - 2 - FINDINGS Findings for Environmental and Design Review Permit (ED25-014) 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 two-story addition to a single-family residence meets the intent of the Single-Family Residential Zoning District. The proposed design is entirely located within a portion of the parcel already developed with exterior site improvements 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 rear two-story addition incorporates visual elements from the existing building by incorporating horizontal wood-like (cement board) siding and compatible fenestration patterns. The scale of the addition will not increase the overall building height (existing 23’, proposed 23”) and incorporates design elements to reduce visual bulk through by siting the roofline of the addition below the primary street facing roofline. The addition will maintain 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 - 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 entirely located within the existing developed area of the parcel. 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 ED25-014 1. Approved Project. This Environmental and Design Review Permit (ED25-014) conditionally approves the construction of a two-story addition and interior remodel of an existing single- family residence at 108 Wimbledon Way. Plans submitted for building permit shall be in substantial conformance to the approved plans dated March 14, 2025, 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 June 19, 2025, and shall be valid for a period of two (2) years from the date of final approval or June 19, 2027, and shall become null and void if a building permit is not issued or a time extension granted by June 19, 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 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. - 4 - 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. 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. 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 - 5 - 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. 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, 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. 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. 18. 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 -6 - 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. 19.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, Department of Public Works, and Community and Economic Development Department. 20.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. 21.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. 22.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. 23.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. 24.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. PUBLIC COMMENT Notice of hearing for the project was conducted in accordance with noticing requirements contained in Chapter 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 -7 - 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. - 1 - Community Development Department – Planning Division Meeting Date: June 11, 2025 Project Number(s): ED25-013 (PLAN25-007) Project Planner: Michaela O’Brien, Assistant Planner Agenda Item: 1 REPORT TO ZONING ADMINISTRATOR SUBJECT: 320 Glen Park Avenue. Request of Environmental Design Review for an addition to the second story of an existing duplex; APN: 015-011-03; Zoning District DR; ED25- 013 (PLAN25-007) EXECUTIVE SUMMARY Pursuant to San Rafael Municipal Code (SRMC) Section 14.25.040, an environmental design review is required for upper-story additions to duplex residential over 500 square feet. PROJECT DESCRIPTION The proposed project consists of a 608-square-foot upper-story addition to an existing two-story duplex located at the front of the subject property. The existing duplex is configured with two separate dwelling units, one on each floor, and was legally constructed under previous approvals. An attached garage, formerly located at the rear of the duplex structure, was previously converted into an Accessory Dwelling Unit (ADU) with the benefit of building permits. A deck is currently located above the ADU and is accessible from the second-floor unit of the duplex. This elevated deck is the footprint area proposed for the new second-story addition. The proposed addition will be constructed above the existing ADU, extending directly out from the second level of the duplex. The addition will provide increased interior living space for the second- floor dwelling unit. The total new area of construction is 608 square feet. The structure will maintain the existing height limit and comply with applicable zoning regulations, including setbacks, lot coverage, and parking requirements. All new construction will match the architectural style, materials, and finishes of the existing duplex to ensure visual consistency. No changes are proposed to the building footprint or number of dwelling units on the site. The project will retain all required on-site parking and does not require the removal of any protected trees or significant site grading. The project entails new planting areas where the existing slab of concrete is currently existing in two places. One in front of the main building and one at the rear. - 2 - Elevation FINDINGS Findings for Environmental and Design Review Permit (ED25-013) 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 The project has been determined to be exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15301 – Existing Facilities as the project includes additions to an existing duplex residence that does not exceed 50 percent of the existing floor area. 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 The project is in accord with residential development standards of the zoning ordinance (SRMC Section 14.04.040) and residential development policies of General Plan 2040. 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 upper-story addition has been designed to conform with all applicable site planning, architectural, and landscaping design criteria and guidelines for the zoning district in which the subject property is located. The project maintains the existing building footprint and is confined to the existing developed area of the lot. The addition is vertically integrated above the existing ADU without expanding the structure laterally, preserving existing setbacks. See development standards per SRMC 14.04.040 for Duplex Residential (DR) listed below as it relates to the proposed construction: Type Required Proposed Front Setback (ft) 15 15 Side Setback (ft) 5 5 Rear Setback (ft) 10 10 - 3 - Max. Height (ft) 30 25’ 1 ¾” Max. Lot Coverage 40% 18% Minimum usable outdoor area (common and/or private)/Dwelling unit (sq. ft.) 200 per unit 607 Landscaping 50% Front yard 62.7% of front yard Finding C That the project design minimizes adverse environmental impacts: X The proposed addition would minimize environmental impacts by the proposed addition does not significantly impact solar access or cast significant new shadows on adjacent structures, due to its placement above the existing footprint and compliance with height and daylight plane standards. New proposed landscaping shall provide adequate vegetation for the site. 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 The project is designed to minimize privacy impacts on adjacent properties. Window placement has been considered carefully to reduce direct views into neighboring yards and residences. CONDITIONS OF APPROVAL Conditions of Approval for ED25-013 1. Approved Project. This Environmental and Design Review Permit (ED25-013) conditionally approves the rear second story addition at 320 Glen Park Avenue. Plans submitted for building permit shall be in substantial conformance to the approved plans dated April 18, 2025, 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 June 20, 2025 and shall be valid for a period of two (2) years from the date of final approval or June 20, 2027, and shall become null and void if a building permit is not issued or a time extension granted by June 20, 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 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. - 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. 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. 10. 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. 11. 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. PUBLIC COMMENT - 5 - Notice of hearing for the project was conducted in accordance with noticing requirements contained in Chapter 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.