Zoning administrator conditionally approves upper-story addition at 27 Vineyard Drive amid neighbor privacy concerns

Renee Niknick, Associate Planner and acting zoning administrator for the City of San Rafael, conditionally approved an environmental and design review permit on Sept. 10 for an upper-story rear addition at 27 Vineyard Drive.

The project, described by planner Kayla O’Brien, would add about 609 square feet to an existing single-family residence on a 12,437-square-foot parcel. O’Brien told the hearing the design keeps new construction largely within the existing footprint, was reviewed preliminarily by building and fire divisions, and meets the city’s general plan designation for low-density residential and applicable development standards.

Neighbors raised objections about privacy, noise and proximity. Susan Sharp, who said she lives at 29 Vineyard Drive immediately adjacent to the project site, asked when construction would start, whether work would comply with the city’s noise ordinance and how close the new addition would sit to her property line. "That wall of windows looks directly into our yard," Sharp said, adding concern for a cottage on her property. She requested limits on weekend work and clearer setback information.

The applicant, who did not state a name during the hearing, responded that they would not work on Saturdays and described design elements intended to reduce sight lines into the neighbor’s yard, including a continuation of the existing roofline, a solid wall between certain portions of the houses and existing hedges. "Saturdays, we won't be working," the applicant said.

O’Brien provided exact measurements reported in staff review: front setback 15 feet (existing 15 feet); north-side setback required 6 feet, proposed 6 feet 1 inch; the other side required 6 feet, proposed 11 feet 10 inches; rear setback required 10 feet, proposed 50 feet 3 inches. Maximum height is allowed 30 feet and the project’s proposed height is 18 feet 2 inches. O’Brien also said proposed lot coverage is about 1,900 sq ft (allowed 40% = 4,975 sq ft) and the proposed maximum upper-story area is 1,928 sq ft (allowed 3,731 sq ft).

Niknick said the hillside objective standards apply to the lot and that the project meets those standards. She noted that building-permit timing and completion schedules fall under the building permit and contractor processes; however, staff will require that a building permit application be submitted within two years of the approval or the design review would need to restart.

After summarizing findings and noting that staff reports and meeting minutes will be published online, Niknick announced the action was approved with standard conditions. She told attendees the action is appealable within five days and recited appeal requirements and fees as stated at the hearing: an appeal fee of $358 for a San Rafael resident and a $5,119 deposit for a nonresident or the applicant. If no appeal is filed within that period, the permit will become effective and a building permit may be sought.

The hearing concluded with staff noting that civil disputes between neighbors (for example, over specific work days outside what the city can require) are outside the scope of the design review and would need to be resolved privately or through code enforcement if complaints are filed.