HomeMy WebLinkAboutPlanning Commission 2012-04-10 #2 CITY OF
Community Development Department – Planning Division
P. O. Box 151560, San Rafael, CA 94915-1560
PHONE: (415) 485-3085/FAX: (415) 485-3184
Meeting Date: April 10, 2012
Agenda Item:
Case Numbers:
ED12-011
Project Planner:
Steve Stafford/(415) 458-5048
REPORT TO PLANNING COMMISSION
SUBJECT: 1024 Las Raposas Road – Appeal of staff’s approval (March 1, 2012) of an
Environmental and Design Review Permit for a 7.5’-tall, replacement fence located
along the common, side property line between 1014 and 1024 Las Raposas Road; APN:
178-025-19; Single-Family Residential – Eichler and Alliance Home Overlay (R5-E/A)
District; Beverly Goodwin, owner and applicant; Coach Bella and Claudette Ferriter, and
Chase and Chad Sambell, appellants; File Nos.: ED12-011; AP12-002.
EXECUTIVE SUMMARY
The project proposes to replace an existing, 6’-tall fence located along the common, side property line
between 1014 and 1024 Las Raposas Road. The new fence roof is proposed to be located along the
same common side property line and increased in height to 7.5’ above finished grade. The 7.5-tall
fencing is proposed to be 81’ in length, as measured from the rear property line westward towards Las
Raposas Rd. The design of the new fencing is proposed to be 6’-high, ‘solid’ boards topped with 18” of
diagonal-grid lattice (Exhibit 4). This new fencing is proposed to be constructed entirely with unfinished
Redwood, including 4” x 4” posts, and ½” x 1” lattice. The existing side yard fencing has been removed
and the project proposes to reuse the existing, 1” x 6” fence boards.
The fencing sought for replacement has been removed due to prior damage. The new, taller fence is
proposed to provide relief from sunlight reflecting off the white, “spray foam” roof on the adjacent single-
story residence, located at 1014 Las Rasposas Rd. The finished grade/building pad at 1014 Las
Raposas Road is approximately 2-3’ lower than that of the site.
Prior to March 1, 2012, the residents at 1014 Las Raposas Road (and current appellants) emailed
comments to Planning staff, requesting that the City should not approve any increase in the height of the
replacement fence (Exhibit 4).
On March 1, 2012, staff conditionally approved an administrative-level, Environmental and Design
Review Permit (ED12-011) for the project (Exhibit 3). A copy of staff’s conditional approval was both
mailed and emailed to residents at 1014 Las Raposas Rd.
On March 8, 2012, the residents at 1014 Las Raposas Road, filed an appeal of staff’s conditional
approval of the project (Exhibit 2), citing: 1) the higher fence is not consistent those found in the
surrounding neighborhood; 2) the higher fence does not respect views of surrounding hills and
ridgelines; 3) the higher fence is not necessary to maintain privacy between 1014 and 1024 Las Raposas
Rd.; 4) the higher fence encroaches into the “light and space” currently enjoyed by the residents at 1014
Las Raposas Rd.; 5) the white, “spray foam” roof on the single-family residence at 1014 Las Raposas
Rd. has existed since 1984 without any previous complaints over reflectivity; 6) the residents at 1024 Las
Raposas Road (the applicants) removed the common side yard fence and began replacing it with a taller
fence without discussion or permission from the residents at 1014 Las Rasposas Road or permits from
the City; and 7) the higher fence exceeds the maximum allowable, 8’ fence height when the height of an
adjacent retaining wall, located at 1014 Las Raposas Road, is included.
REPORT TO PLANNING COMMISSION - Case Nos.: ED12-011; AP12-002 Page 2
Staff recommends that the Planning Commission find and determine that the points of the appeal cannot
be supported. The project is consistent with the City’s fence standards and adequately complies with the
review criteria for Environmental and Design Review Permits.
RECOMMENDATION
It is recommended that the Planning Commission adopt the attached draft resolution denying the appeal
(AP12-002) and upholding staff’s conditional approval of an Environmental and Design Review Permit
(ED12-011) to allow a 7.5’-tall, replacement fence along the common, side property line between 1014
and 1024 Las Raposas Road. (Exhibit 1).
PROPERTY FACTS
Address/Location: 1024 Las Raposas Rd. Parcel Number: 178-025-19
Property Size: Approx. 6,600 sq. ft. Neighborhood: Terra Linda
Site Characteristics
General Plan Designation Zoning Designation Existing Land-Use
Project Site: Low Density Residential R5-EA Single-Family
Residential
North: LDR R5-EA SFR
South: LDR R5-EA SFR
East: Park/Open Space P/OS TL Community Center
West: LDR R5-EA SFR
Site Description/Setting:
The site is a relatively flat (3% average cross-slope), 6,600 square foot lot, located in the Santa Margarita
neighborhood section of Terra Linda. The site is developed with a two-story, 2,785 square-foot, Eicher-
designed, single-family residence. The original graded building pad is 2-3’ lower than the adjacent lot
(1034 Las Raposas Rd) located immediately north of the site and 2-3’ higher than the adjacent lot (1014
Las Raposas Rd.) located immediately south of the site. The common, side property line between the
site and 1034 Las Raposas Road is developed with an existing, 7.5’-tall fence (6’-high, ‘solid’, 1” x 6”
fence boards abutted and topped with 18” of diagonal-grid lattice).
The immediate surrounding neighborhood is developed exclusively with single-story, Eichler-designed,
single-family homes. The site, along with the immediate adjacent properties, back-up to the City’s Terra
Linda Community Center complex (670 Del Ganado Rd.).
BACKGROUND
Permit History:
The permit history for development on the site, and the surrounding Terra Linda neighborhood,
originated with the County of Marin. The existing, Eicher-designed home on the site was constructed in
1955 as a 1,970 square-foot, single-story residence (1,530 square-feet of conditioned living space and
440 square-feet of unconditioned garage). In 2003, an Environmental and Design Review Permit (ED02-
093) conditionally approved the construction of a new, 815 square foot, second-story addition on the site.
In 2004, a Building Permit was issued for the construction of a new, 368 square foot, roof projection over
an existing patio area located along the side yard adjacent to 1014 Las Raposas Rd.
REPORT TO PLANNING COMMISSION - Case Nos.: ED12-011; AP12-002 Page 3
PROJECT DESCRIPTION
Use:
The project proposes to continue the existing single-family residential land use on the site.
Site Plan:
The project proposes no additions, expansion or modification to the site or residence on the site other
than replace the existing, 6’ fence, located along the common, side property line between 1014 and 1024
Las Raposas Road, with a 7.5’-tall, fence.
Architecture:
The project proposes to replace an existing, 6’-tall, ‘solid’ fence (i.e., 1” x 6” fence boards abutted),
located along a common, side property line with 1014 Las Raposas Road, with a new, 7.5’-tall fence in
the same location. The new, taller fence is proposed to be 81’ in length, as measured from the rear
property line westward towards Las Raposas Rd. The proposed design of the new fencing is, generally,
6’ fence boards (1” x 6”) abutted and topped with an additional 18” of diagonal-grid lattice. The new fence
(fence boards, lattice, posts, rails and fascia board) is proposed to be constructed entirely with unfinished
Redwood. The project proposes to reuse the fence boards from the existing fence.
ANALYSIS
San Rafael General Plan 2020 Consistency:
San Rafael General Plan 2020 policies applicable to the project are limited to Community Design Policy
CD-5 (Views), which seeks to respect and to enhance views of hillsides and ridgelines from public (italics
added) streets, parks and pathways.
Zoning Ordinance Consistency:
Pursuant to Sections 14.16.140 (A) and (C) of the San Rafael Zoning Ordinance (Site and Use
Regulations; Fences), fences not exceeding eight feet (8’) in height may be located within the side and
rear yards; though, fences over six feet (6’) in height are subject to an administrative Environmental and
Design Review Permit (and a Building Permit) to ensure that the location and appearance of the fence
(i.e., design, colors and materials) are appropriate and, generally, high-quality.
Appeal of Planning Staff’s Decision on March 1, 2012
An appeal of Planning staff’s action was filed by the residents at 1014 Las Raposas Road, located
immediately south of the subject site. The appeal letter (Exhibit 2) cites seven (7) appeal points
paraphrased as best as possible by staff below. Each appeal point is followed by staff’s response:
Appeal Point #1: The higher fence is not consistent those found in the surrounding
neighborhood.
Fence heights within the neighborhood surrounding the site range up to eight feet (8’) above finished
grade. An inspection conducted by Planning staff found front and/or side/street side yard fencing up
to eight feet (8’) in height across the street from the site (1011 Las Raposas Rd), on the adjacent
property (1034 Las Raposas Rd) and one-half block north of site (1078 Las Raposas Rd). The City’s
fence regulation allows side and rear yard fencing up to eight feet (8’) in height, though an
administrative Environmental and Design Review Permit (and a Building Permit) is required for
fences greater than six feet (6’) in height, principally, to ensure that the location and appearance of
the fence (i.e., design, colors and materials) are appropriate and, generally, high-quality.
Appeal Point #2: The higher fence does not respect views of surrounding hills and ridgelines.
REPORT TO PLANNING COMMISSION - Case Nos.: ED12-011; AP12-002 Page 4
Nowhere in the San Rafael General Plan 2020 or the San Rafael Zoning Ordinance does it seek to
protect ‘private’ views/viewsheds. Pursuant to Community Design Policy CD-5 of the General Plan
and Section 14.25.050 (E)(1) of the Zoning Ordinance, “major views” of “…hills should be preserved
and enhanced from public streets and public vantage points.” The proposed 7.5’-tall side yard fence
would not affect a public view/viewshed from Las Raposas Road or the Terra Linda Community
Center complex; any public view of the surrounding hillside is already compromised by the existing,
two-story residence on the site, which is 25.5’ in height from finished grade to the roof ridge.
Appeal Point #3: The higher fence is not necessary to maintain privacy between 1014 and
1024 Las Raposas Rd.
The new, taller fence is proposed to provide relief from sunlight reflecting off the white, “spray foam”
roof on the adjacent single-story residence, located at 1014 Las Rasposas Road, whose finished
grade/building pad is approximately 2-3’ lower than that of the site.
Appeal Point #4: The higher fence encroaches into the “light and space” currently enjoyed by
the residents at 1014 Las Raposas Rd.
The proposed 7.5’-tall side yard fence has been reviewed by the Community Development
Department, Building Division, for compliance with the California Building Code (CBC) regulations for
light and ventilation, who recommend approval of the project, subject to the issuance of a Building
Permit. The new, taller fence will not affect the existing setbacks on either the site (1024 las Raposas
Rd.) or the adjacent parcel (1014 Las Raposas Rd.).
Appeal Point #5: The white, “spray foam” roof on the single-family residence at 1014 Las
Raposas Rd. has existed since 1984 (it is the most recommended roof material for ‘flat’-roofed
Eichler homes) without any previous complaints over reflectivity.
The residence on the site is “I-shaped”, with the primary entrance located along the side yard and
facing 1034 Las Raposas Road and the primary outdoor area located along the opposite side yard
and facing 1014 Las Raposas Road. In 2004, a 368 square foot, roof projection was constructed with
permits over this existing patio area. Its use and importance to the applicants continue to increase
over time. The applicants have indicated to Planning staff that the fence needed replacement due to
structural damage; at which time, they sought to increase the fence height from 6’ to 7.5’ in order to
screen sunlight reflecting off the white, “spray foam” flat roof on the adjacent, single-story residence
at 1014 Las Raposas Road and negatively impacting the applicants and their guests quiet enjoyment
of their covered patio area.
Appeal Point #6: The residents at 1024 Las Raposas Rd (the applicants) removed the
common side yard fence and began replacing it with a taller fence without discussion or
permission from the residents at 1014 Las Rasposas Rd. or permits from the City.
Whether the applicants (1024 Las Raposas Rd.) discussed with or sought the permission of the
appellants (1014 Las Raposas Rd.) is a civil matter and does not relate to the design issues of the
replacement fence. Planning staff strongly recommends that all prospective applicants discuss their
proposal with their immediate neighbors and all others that could be impacted, prior to project
submittal to the City. On February 16, 2012, the Community Development Department, Code
Enforcement Division, investigated a compliant (CE12-027) that an 8’-tall, side yard fence was being
constructed on the site without permits. Upon inspection, the City found that the side yard fence had
been removed and a single, 4” x 4” x 8’ fence post had been installed. At that time, it was determined
that side yard fencing is not required and no violation of the City’s fence regulations had occurred. On
February 28, 2012, an administrative-level, Environmental and Design Review Permit (ED12-011)
application was submitted to the Community Development Department, Planning Division, proposing
REPORT TO PLANNING COMMISSION - Case Nos.: ED12-011; AP12-002 Page 5
a 7.5’-tall, replacement fence located along the common, side property line between 1014 and 1024
Las Raposas Road, which was conditionally approved by staff on March 1, 2012.
Appeal Point #7: The higher fence exceeds the maximum allowable, 8’ fence height when the
height of an adjacent, 3’-tall, retaining wall, located at 1014 Las Raposas Road, is included.
The graded building pad for the site is 2-3’ higher than that on the appellants’ parcel (1014 Las
Raposas Rd.) located immediately south of the site. The retaining wall on the appellants’ parcel is
setback approximately four feet (4’) from common side property line with applicant’s parcel (1024 Las
Raposas Rd.) and the finished grade between the retaining wall and the common side property line is
the same as that on the applicant’s parcel. Fence height, like building height, is measured from
finished grade. The maximum allowable height for side yard fences is 8’ above finished grade with an
administrative-level, Environmental and Design Review Permit. The new, taller replacement fence
would be 7.5’ above finished grade. The height of the retaining wall on the appellants’ parcel is not
applicable in calculating the measured height of the new replacement fence.
ENVIRONMENTAL DETERMINATION
Replacement or reconstruction of existing structures and facilities, where the new structure will be
located in substantially the same place and will have substantially the same purpose and capacity as the
structure replaced, such as replacing a 6’-tall fence with a 7.5’-tall fence along a common side property
line, is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15302
(Replacement or Reconstruction) of the CEQA Guidelines.
NEIGHBORHOOD MEETING / CORRESPONDENCE
Notice of this appeal to the Planning Commission has been conducted in accordance with noticing
requirements contained in Chapter 29 of the Zoning Ordinance. Notice of the public hearing for the
project was mailed to all property owners and occupants within a 300-foot radius of the site, the
appropriate neighborhood group (Santa Margarita Neighborhood Association), and all interested parties
at least 15 calendar days prior to the date of the public hearing. Public notice was also posted along the
Las Raposas Road frontage of the site at least 15 calendar days prior to the date of the hearing.
Prior to conditionally approving the project on March 1, 2012, Planning staff received two (2) email
comments in support of the project and one (1) email comment in opposition of the project, which were
incorporated in the review of Environmental and Design Review Permit No. ED12-011. Since
conditionally approving the project, staff has received an additional eighteen (18) email comments, nearly
all of which are in opposition of the proposed taller side yard fence. A majority of these comments in
opposition to the project believe that the proposed increase in fence height: 1) is out of scale with other
fences in the surrounding neighborhood; 2) is precedent-setting for more taller side and rear yard fences;
and 3) would negatively impact the light, views, privacy and property values of adjacent neighbors.
A copy of all written (email) comments, received either before or after staff’s conditional approval of
Environmental and Design Review Permit No. ED12-011, are attached to this report as Exhibit 4.
OPTIONS
The Planning Commission has the following options:
1. Deny the appeal and uphold staff’s approval of the project (staff’s recommendation);
2. Deny the appeal and uphold staff’s approval of the project with modifications, changes or
additional conditions of approval;
REPORT TO PLANNING COMMISSION - Case Nos.: ED12-011; AP12-002 Page 6
3. Uphold the appeal and deny the project, reversing the decision of staff; or
4. Continue the matter to allow the applicant, appellant and/or staff to address any comments or
concerns of the Planning Commission.
EXHIBITS
1. Draft Resolution Denying Appeal and Upholding Staff’s Conditional Approval
2. Letter of Appeal from Coach Bella and Claudette Ferriter, Chase and Chad Sambell, dated March 8,
2012
3. Letter of Approval from City of San Rafael, dated March 8, 2012
• Exhibit 1 Aerial Photo Site Plan with ‘Typical” Cross Section Fence Detail
4. Public Correspondence Received Prior to and Following Staff’s Determination