HomeMy WebLinkAboutZoning Administrator Hearing 2025-10-01 Agenda PacketZoning Administrator Hearing
Wednesday, October 1, 2025
10:00 AM
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Community Development Small Meeting
Room, San Rafael City Hall
1400 Fifth Avenue,
3rd Floor
San Rafael, CA 94901
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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
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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%.
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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
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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.
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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.
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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.
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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
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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.