HomeMy WebLinkAboutCC Resolution 12200 (Reconfigure Lot at 540 Francisco Blvd.)RESOLUTION NO. 12200
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A USE PERMIT AND AN
ENVIRONMENTAL AND DESIGN REVIEW PERMIT TO OPERATE AN AUTO DEALERSHIP
AND RECONFIGURE THE DEALERSHIP LOT LOCATED AT 540 FRANCISCO BLVD. WEST
(APNS: 013-051-33 & portion of 24, 013-041-53, 56 and a portion of 50)
WHEREAS, on October 6, 2006, an application was received by the Community Development
Department requesting approval of a Zone Change of 540 Francisco Blvd. West from Planned
Development (PD -1497) District to Francisco Boulevard West Commercial (FBWC), a Use Permit
(UP06-048), Environmental and Design Review Permit (ED06-099) to allow the operation of an auto
dealership and reconfiguration of the dealership lot, and on November 6, 2006, the application was
deemed complete for processing; and
WHEREAS, upon review of the subject application it was determined that the proposed project is
exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section
15311(b) of the CEQA Guidelines which exempts the construction of minor structures accessory to
existing commercial facilities such as small parking lots; and
WHEREAS, on January 9, 2007, the San Rafael Planning Commission held a duly -noticed public
hearing on the proposed Rezoning, Use Permit and Environmental and Design Review Permit, accepted
all oral and written public testimony and the written report of the Community Development Department
staff; and
WHEREAS, on February 20, 2007 the City Council held a duly noticed public hearing on the
proposed Use Permit and Environmental and Design Review Permit, accepted all oral and written public
testimony, the written report of the Community Development Department staff and the recommendation
of the Planning Commission;
WHEREAS, the City Council makes the followings findings:
Use Permit Findings
(UP06-048)
The proposed Use Permit is consistent with the General Plan 2020 in that the proposed auto
dealership use would be consistent with (a) Policy LU -23 (Land Use Map and Categories) which
defines land use categories and the appropriate uses and auto dealership are listed as appropriate;
(b) Policy NH -103 Specialty Retail Uses specifies upgrading and redeveloping portions of the
Francisco Boulevard West area visible from Highway 101 with specialty retail commercial uses
that capitalize on the Highway 101 visibility and the proposed dealership is a specialty retail use.
2. The proposed auto dealership 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 because: (a) the uses are the same as those which have been in existence on the site since
1984 with no detriment; (b) the use has been reviewed by appropriate City departments and
conditions have been applied to minimize adverse impacts; (c) the proposed drive aisle will not
generate an adverse situation.
3. The proposed project would be consistent with the applicable provisions of the Zoning Ordinance
and the purposes of the District in that: (a) the project would be consistent with the purposes of
the Francisco Blvd West Commercial District (FBWC) in that the dealership is one of the top 25
sales tax generators in the City, with a total lot area of 4.6 acres (both leased and owned area),
43,802 sq.ft. of building area, 382 cars storage spaces and a repair function involving 39 service
bays, it is a large scale business and is also the only Mercedes dealership in the North Bay and is
therefore region serving; (b) the project would comply with the development standards required
within the FBWC District including height, lot coverage, floor area ratio, and setbacks; and (c) as
conditioned, adequate parking and circulation would be provided.
Environmental and Design Review Permit Findings
(ED06-099)
The project would be in accord with the General Plan and the objectives of the Zoning Ordinance
in that the project is consistent with the General Plan policies as identified above in Use Permit
Finding #1 and Zoning Ordinance Section 14.25.050 (Review Criteria). The design of the facility
was reviewed by the Design Review Board for consistency with the design policies of the
General Plan, Zoning Ordinance and Francisco Blvd. West Commercial District and was found to
be appropriate for the site and the surroundings and the proposed design was recommended to the
Planning Commission for approval.
2. The design of the dealership is consistent with all applicable site and architectural requirements
and guidelines as it meets or exceeds all setback requirements for the Francisco Blvd. West
Commercial District.
3. The project design minimizes adverse environmental impacts because it is minor in nature,
qualifies for a Categorical Exemption under section 15311(b) of the CEQA Guidelines.
4. The project design will not be detrimental to the public health, safety or welfare, nor materially
injurious to properties or improvements in the vicinity because it has been reviewed by the
appropriate City departments and conditions have been applied to minimize possible
environmental and safety impacts.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Use Permit and
Environmental and Design Review Permit based on the findings above and subject to the following
conditions:
Use Permit Conditions
(UP06-048)
1. This Use Permit (UP06-048) approves a 4.60 acre, four parcel auto dealership as shown on the site
plan sheet A1.10 as presented to the City Council for approval on February 20, 2007, with a 28,317
sq.ft. 2 story structure showroom and repair facility on the front of the lot and four ancillary service
buildings, with a total area of 15,485 sq.ft., at the rear of the site and a total of 39 service bays. This
Use Permit incorporates UP85-28 and its amendments.
2. The drive aisle in front of the building shall be used for customer service queues and access from one
side of the site to the other.
3. Auto display is allowed in the 32 to 24 foot long turf block area adjacent to the street and shall not
extend into or be located in the drive aisle.
4. A total of 128 parking spaces shall be designated and maintained for the use of customers and
employees. A revised site plan showing the location of these spaces shall be submitted prior to the
installation of the landscaping.
5. Site C is leased by RAB Motors and is included in this Use Permit. It provides 63 employee parking
spaces, which are part of the required 128 spaces and 39 service bays. The term of the lease extends
until July 1, 2008. At such time as this lot is no longer leased by the auto dealership, a method to
continue the provision of the required 128 spaces shall be submitted to the Community Development
Department and this Use Permit amended by action of the Zoning Administrator or Planning
Commission as determined appropriate by the Community Development Director.
6. The effective date of this Use Permit (UP06-048) shall be the effective date of the ordinance adopted
for the Change of Zone (CZ06-007) and shall be valid until January 9, 2008, unless the front lot area
adjustments approved herein have been installed, or a time extension is granted.
Environmental and Design Review Permit Conditions
(ED06-099)
1. The building techniques, materials, elevations and appearance of the project, as presented to the
Planning Commission for approval on February 20, 2007, shall be the same as required for issuance
of a building permit. Minor modifications or revisions to the project shall be subject to review and
approval of the Planning Division. Modifications deemed not minor by the Community Development
Director shall require review and approval of the Design Review Board or Planning Commission.
2. Landscaping shall be installed in the front planter area and the area around Building #2 as shown on
Sheet Al. 1, A1.10 and A2.1, dated 1/29/07 and as presented to the City Council.
3. This Environmental and Design Review Permit incorporates ED84-44 and all amendments, ED03-
130 and ED04-046. Unless noted otherwise herein, all conditions shall apply and remain in effect.
4. All new lighting standards shall be shielded down and comply with the lighting levels as shown on
sheet E1.2 of the approved plans. Following installation, the lighting shall be subject to a 30 -day
lighting level review by Planning Division staff to ensure compatibility with the surrounding area.
5. The landscape architect shall submit a letter to the Planning Division, certifying that the landscaping
has been installed in accordance with all aspects of the approved landscape plans, that the irrigation
has been installed and been tested for timing and function, and all plants are healthy.
6. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris.
Within 30 days of the landscaping installation, the applicants shall request an inspection from the
Planning Division.
7. A plumbing permit is required for the irrigation system and an electrical permit for the light
standards.
8. Prior to issuance of a plumbing permit, the applicant shall submit evidence that the requirements of
the Marin Municipal Water District have been met.
9. The effective date of this Environmental and Design Review Permit (ED06-099) shall be the effective
date of the ordinance adopted for the Change of Zone (CZ06-007) and shall be valid until January 9,
2008, unless the front lot area adjustments approved herein have been installed, or a time extension is
granted.
I, JEANNE M. LEONCM, Clerk of the City of San Rafael, hereby certify that the forgoing resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council held Tuesday, the
20th of February, 2007, by the following vote, to wit:
AYES: Councilmembers: Cohen, Miller and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: Heller and Phillips
JANNG E M LEONCINI, City Clerk