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HomeMy WebLinkAboutCC Resolution 10508 (Mini-Market Use Permit)RESOLUTION NO. 10508 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A USE PERMIT FOR A MINI -MARKET AT 1125 LINCOLN AVENUE (APN 11-225-01&02) WHEREAS, On December 21,1998, Milton Baygell submitted an application requesting a use permit (UP 98-53) to allow a mini -market to be established within an existing gasoline station building at 1125 Lincoln Avenue; and WHEREAS, the use permit request requires prior approval of a zoning ordinance amendment to allow mini -markets with a retail area greater than 100 square feet in area open to the public to be permitted in the subject 5/M R/O zoning district; and WHEREAS, on August 10, 1999, the San Rafael Planning Commission held a duly noticed public hearing on the zone change and use permit requests at which they accepted and considered all oral and written public testimony on the project, including the written report of staff; and WHEREAS, the Planning Commission recommended that the City Council approve the requests; and WHEREAS, a proposed revision to the zoning code to allow mini -markets at gas stations has been presented to the City Council with the use permit request for consideration; and WHEREAS, the use permit proposal is exempt from the California Environmental Quality Act, CEQA Guidelines pursuant to Section's 15301 (Class 1) & 15303 (Class 3) as it consists of minor alterations of existing small structures and uses; and WHEREAS, on September 20,1999, the City Council of the City of San Rafael held a duly noticed public hearing on the use permit request at which they accepted and considered all oral and written public testimony on the project, including the written report of staff. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Rafael approves the use permit with the following findings and subject to the attached conditions of approval (Attachment A): 1. The proposed use is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of 5/M R/O district in which the site GkHGINAL \o(9°% is located in that the use is compatible with the General Plan Land Use and Downtown Policies, including policies LU -13 and DT -27 which allow limited retail uses in the Commercial and Industrial land use districts, adequate parking is provided and the retail sales area is compatible with the primary gas station use which is permitted in the district. 2. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City given that the project has been reviewed by all appropriate City Departments and has been conditioned accordingly. 3. The proposed use complies with each of the applicable provisions of the Zoning Ordinance in that the proposed mini -market provides the required parking spaces on-site and does not exceed the maximum size limitation. 4. The proposed conversion of the gasoline station service bays to a mini- market use will not significantly adversely affect the public health, safety or welfare in terms of discrimination against individuals needing refueling assistance and the availability of minor emergency automobile repair services and public restrooms based on the following: a) The building, restrooms and parking areas will be required to meet the ADA accessibility requirements as a condition of approval. This requirement will be implemented as part of the building permit process; b) no changes to the gasoline pumps are proposed; and c) the mechanics bays have not been operated for several years prior to the conversion of use. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on the 20"' day of September, 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: He 11 e r JEA E M. LEONC NI, City Clerk ATTACHMENT A RECOMMENDED PROJECT CONDITIONS OF APPROVAL (UP 98-53) Building Division A van accessible disabled parking space shall be provided. 2. Bathrooms shall meet disabled access requirements. 3. The sales counter shall be at the accessible height to the disabled. Traffic EnLyineer 4. Parking spaces 1 and 2 shall be eliminated because they back out onto Garden Lane. The area in front of the trash enclosure shall be marked with striping on the asphalt to indicate no parking. Planning Division 6. The use permit authorizes conversion of the existing two mechanic's service bays to be converted into a mini -mart sales area as shown on the floor plans prepared by Frank Kosar Associates on 10/30/97 and showing a net retail sales and cashier area of approximately 574 square feet (approximately 41' x 14' interior dimension). The remainder of the building shall be used for storage/walk-in cooler space, bathrooms and a small office space as indicated on the approved plans. Any future expansions, modifications or changes to the use shall require prior approval by the Planning Division. 7. The use permit for this project is valid for one (1) year, or until September 20, 2000, and will expire unless an extension is granted or a building permit is issued for the project and all work authorized diligently pursued to completion. The use permit approval may not be inau�_ orated until the effective date of the zoning ordinance. 8. A building permit shall be obtained to complete the improvements required to modify the building for use as a mini -market. Building permits for work already completed shall be obtained immediately. 9. The applicant is to comply with any conditions of the Marin Municipal Water District to obtain water service to the remodeled building. 10. The applicant is to comply with any conditions of the Marin County Environmental Health Department. 11. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. 12. Nine (9) parking spaces shall provided on-site and shall be striped with appropriate stall and drive aisle dimensions as indicated on the approved site plan (e.g. showing a minimum of two (2) parallel stalls each along the south -side property line and to the west behind the building along Garden Lane, and up to five (5) angled spaces along the west property line). 13. This use permit does not authorize the sale of alcoholic beverages at this time. If the applicant submits a State Department of Alcoholic Beverage Control (ABC) license request, the application shall be processed consistent with the applicable regulations of the ABC and the City of San Rafael.