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HomeMy WebLinkAboutZoning Administrator Hearing 2025-10-01 Agenda PacketZoning Administrator Hearing Wednesday, October 1, 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 1.559 Fairhills Drive, Design Review Request for an Environmental and Design Review Permit to construct a new garage and addition to the existing residence; APN: 010-091-16; R1a-H Single- Family Residential Zoning District; ED25-020 (PLAN25-078) 2.197 Hillside Avenue, Design Review Request for an Environmental and Design Review Permit to construct a new two - story addition to the existing residence; APN: 012-081-40; R1a-H Single-Family Residential Zoning District; ED25-021 (PLAN25-110) 3.Adjournment - 1 - Community and Economic Development Department – Planning Division Meeting Date: October 1, 2025 Project Number(s): ED25-020 (PLAN25-078) Project Planner: Renee Nickenig, Associate Planner Agenda Item: 1 REPORT TO ZONING ADMINISTRATOR SUBJECT: 559 Fairhills Drive. Request for an Environmental and Design Review Permit to construct a new garage and addition to the existing residence; APN: 010-091-16; R1a-H Single-Family Residential Zoning District; ED25-020 (PLAN25-078) ENTITLEMENTS Pursuant to San Rafael Municipal Code (SRMC) Section 14.25.040(B)(2)(a), a Minor Environmental and Design Review is required for residential additions over five hundred (500) square feet in size when located on residential lots with average slopes of twenty-five percent (25%) or greater or located in the hillside resource residential and hillside residential general plan land use designations. PROJECT DESCRIPTION The subject property is located at 559 Fairhills Drive and is a downslope lot with an average slope of approximately 44.58%. The property includes an existing single-story, single-family residence and garage totaling approximately 2,892-square feet. The residence is oriented at the northeast edge of the property, which is otherwise a large open area with mature native trees and vegetation. The proposed project (Project) includes the construction of a new attached garage and small addition to connect to the existing residence. The existing garage would be remodeled and incorporated into the main living space of the residence. The new additions would total approximately 839-square feet. The proposed materials for the new garage and addition would match the existing, including: stucco and horizontal board siding; window and door framing; and asphalt shingles. The color palette would remain neutral to match the existing. The new windows and doors would be oriented to the front and rear of the property, and would not directly look onto any surrounding residences. A new concrete driveway would be poured perpendicular to the street and connected to the existing driveway apron. Approximately 220 square feet of the existing driveway would be removed and landscaped and 335 square feet of new asphalt driveway would be added. The new driveway would be sloped no more than an average of 15%. - 2 - FINDINGS Findings for Environmental and Design Review Permit (ED25-020) 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 Section 15301- Existing Facilities, as the project as proposed entails an addition less than 50% of the existing square-footage of the residence. 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 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 Hillside 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 R1a-H 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). 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 Project conforms with the property development standards for the R1a-H zoning district (SRMC Section 14.04.030) and the Hillside Development Overlay District (SRMC Section 14.12.020). The Project is consistent with the design review criteria provided in SRMC Section 14.25.050 as the materials, colors, and overall design are in concert with the existing property features and surrounding neighborhood. Finding C That the project design minimizes adverse environmental impacts: X The grading would be limited to 23 cubic yards to accommodate the addition only. Finding D That the project design will not be detrimental to the public health, safety or X The Project has been reviewed by the Building Division, the Fire Department and the Department of Public Works and would not be a detriment or - 3 - welfare, nor materially injurious to properties or improvements in the vicinity. injurious to property or improvements in the vicinity of the development site or the public health, safety or welfare as compliance with all requirements of the California Building Code would be verified through the building permit process. CONDITIONS OF APPROVAL 1. Approved Project. This Environmental and Design Review Permit (ED25-020) conditionally approves the construction of a new garage and addition to the existing residence at 559 Fairhills Drive. Plans submitted for building permit shall be in substantial conformance to the approved plans dated July 31, 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 October 9, 2025 and shall be valid for a period of two (2) years from the date of final approval or October 9, 2027, and shall become null and void if a building permit is not issued or a time extension granted by October 9, 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. 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. - 4 - 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 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. - 1 - Community and Economic Development Department – Planning Division Meeting Date: October 1, 2025 Project Number(s): ED25-021 (PLAN25-110) Project Planner: Renee Nickenig, Associate Planner Agenda Item: 2 REPORT TO ZONING ADMINISTRATOR SUBJECT: 197 Hillside Avenue. Request for an Environmental and Design Review Permit to construct a new two-story addition to the existing residence; APN: 012-081-40; R1a- H Single-Family Residential Zoning District; ED25-021 (PLAN25-110) ENTITLEMENTS Pursuant to San Rafael Municipal Code (SRMC) Section 14.25.040(B)(2)(a), a Minor Environmental and Design Review is required for residential additions over five hundred (500) square feet in size when located on residential lots with average slopes of twenty-five percent (25%) or greater or located in the hillside resource residential and hillside residential general plan land use designations. PROJECT DESCRIPTION The subject property is located at 197 Hillside Avenue and is an upslope lot with an average slope of approximately 36.88%. The property is developed with an existing two-story, single-family residence totaling 1,960 square-feet. There is an existing detached garage with an ADU between the primary residence and the front property line. The residence is oriented at the northwest corner of the property, which is otherwise vacant and heavily vegetated. The proposed project (Project) includes the construction of a new two-story addition totaling 1,229- square feet. The addition would be attached to southeast corner of the existing residence, indirectly facing the neighboring property to the west. The addition would include a new entry foyer, which would be accessed from a new paved walkway and steps from the existing driveway at the north. The new addition would match the existing residence in exterior materials and architectural style. The proposed materials would match the existing, including painted v-groove siding, multi-light windows and doors, and a steeply-pitched shingle roof. The new windows and doors would be oriented to the side and rear of the property, and would not directly look onto any surrounding residences. No additional site changes are proposed. - 2 - FINDINGS Findings for Environmental and Design Review Permit (ED25-020) 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 Section 15301- Existing Facilities, as the project proposes an addition less than 50% of the existing square-footage of the residence. 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 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 Hillside 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 R1a-H Zoning District where single-family homes are permitted by right; and the project is being reviewed in accord with the findings required for Environmental and Design Review (SRMC Section 14.25.090). 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 Project conforms with the property development standards for the R1a-H zoning district (SRMC Section 14.04.030) and the Hillside Development Overlay District (SRMC Section 14.12.020). The Project is consistent with the Design Review standards provided in SRMC Section 14.25.050 as the materials, colors, and overall design are in concert with the existing property features and surrounding neighborhood. Finding C That the project design minimizes adverse environmental impacts: X The addition wouldf be constructed on an existing graded portion of the lot and would not require substantial grading. Finding D That the project design will not be detrimental to the public health, safety or X The Project has been reviewed by the Building Division, the Fire Department and the Department of Public Works and the Project would not be a - 3 - welfare, nor materially injurious to properties or improvements in the vicinity. detriment or injurious to property or improvements in the vicinity of the development site or the public health, safety or welfare as the addition would be required to meet all requirements of the California Building Code through the building permit process. CONDITIONS OF APPROVAL 1. Approved Project. This Environmental and Design Review Permit (ED25-021) conditionally approves the construction of a new two-story addition to the existing residence at 197 Hillside Avenue. Plans submitted for building permit shall be in substantial conformance to the approved plans dated July 7, 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 October 9, 2025 and shall be valid for a period of two (2) years from the date of final approval or October 9, 2027, and shall become null and void if a building permit is not issued or a time extension granted by October 9, 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. 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. - 4 - 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 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.