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HomeMy WebLinkAboutPlanning Commission 2020-06-23 Agenda Packet AGENDA SAN RAFAEL PLANNING COMMISSION REGULAR MEETING TUESDAY, June 23, 2020, 7:00 P.M. Virtual Meeting 669-900-9128 ID 883-6544-9148 CORONAVIRUS (COVID-19) ADVISORY NOTICE In response to Executive Order N-29-20, the City of San Rafael will no longer offer an in -person meeting location for the public to attend. This meeting will be streamed live throughYouTube. Comments submitted via YouTube must be submitted according to the directions located on the YouTube video description. The City is not responsible for any interrupted service. To ensure the Planning Commission receives your comments, submitwritten comments to the Alicia Giudice, Principal Planner (alicia.giudice@cityofsanrafael.org), prior to the meeting. For more information regarding real-time public comments, please visit our Live Commenting Pilot page at https://www.cityofsanrafael.org/live -commenting-pilot/. Want to listen to the meeting and comment in real-time over the phone? Contact the City Clerk’s office at 415-485-3066 or by email to lindsay.lara@cityofsanrafael.org to learn more about participation by telephone. Any member of the public who needs accommodations should contact the City Clerk (email lindsay.lara@cityofsanrafael.org or phone at 415-485-3066) who will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Members of the public may speak on Agenda items. CALL TO ORDER PLEDGE OF ALLEGIANCE RECORDING OF MEMBERS PRESENT AND ABSENT APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS PUBLIC NOTIFICATION OF MEETING PROCEDURES URGENT COMMUNICATION Anyone with an urgent communication on a topic not on the agenda may address the Commission at this time. Please notify the Community Development Director in advance. CONSENT CALENDAR 1. Minutes May 12, 2020 PUBLIC HEARING 2. 2130 Fourth Street – Request for a Use Permit allow a Parking Modification of the required on-site parking to support of a proposed 290 sq. ft. expansion of the Miracle Mile Café indoor dining area. On -site parking is currently ‘legal nonconforming’, providing a total of 23 parking spaces (13 dedicated spaces in a lower parking area and another 10 parking spaces on an upper gravel parking area off Alexander Ave.),  Any records relating to an Agenda Item, received by a majority or more of the board or commission less than 72 hours before the meeting, shall be available for inspection in the CDD Dept, at 1400 Fifth Ave, Third Floor, San Rafael, CA  Sign Language and interpretation and assistive listening devices may be requested by calling (415) 485-3066 (voice), emailing Lindsay.lara@cityofsanrafael.org, or using the California Telecommunications Relay Service by dialing “711” at least 72 hours in advance. Copies of do cuments are available in accessible formats upon request.  Public transportation to City Hall is available through Golden Gate Transit, Line 22 or 23. Para-transit is available by calling Whistlestop Wheels at (415) 454-0964.  To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented productsTo allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearin g, individuals are requested to refrain from wearing scented products. . THE PLANNING COMMISSION WILL TAKE UP NO NEW BUSINESS AFTER 11:00 P .M. AT REGULARLY SCHEDULED MEETINGS. THIS SHALL BE INTERP RETED TO MEAN THAT NO AGENDA ITEM OR OTHER BUSINESS WILL BE DISCUSSED OR ACTED UPON AFTER THE AGENDA ITEM UNDER CONSIDERATION AT 11:00 P.M. THE COMMISSION MAY SUSPEND THIS RULE TO DISCUSS AND/OR ACT UPON ANY ADDITIONAL AGENDA ITEM(S) DEEMED APPROPRIATE BY A UNANIMOUS VOTE OF THE MEMBERS PRESENT.APPEAL RIGHTS: ANY PERSON MAY FILE AN APPEAL OF THE PLANNING COMMISSION'S ACTION ON AGENDA ITEMS WITHIN FIVE BUSINESS DAYS (NORMALLY 5:00 P.M. ON THE FOLLOWING TUESDAY) AND WITHIN 10 CALENDAR DAYS OF AN ACTION ON A SUBDIVISION. AN APPEAL LETTER SHALL BE FILED WITH THE CITY CLERK, ALONG WITH AN APPEAL FEE OF $350 (FOR NON-APPLICANTS) OR A $4,476 DEPOSIT (FOR APPLICANTS) MADE PAYABLE TO THE CITY OF SAN RAFAEL, AND SHALL SET FORTH THE BASIS FOR APPEAL. THERE IS A $50.00 ADDITIONAL CHARGE FOR REQUEST FOR CONTINUATION OF AN APPEAL BY APPELLANT. where 33 parking spaces are required. The City’s parking standards would require the proposed project to provide an additional six (6) parking spaces. The project has submitted a parking study which proposes the additional parking demand from the restaurant expansion may be accommodated by public parking in the vicinity of the site; APN: 010-277-11; Commercial/Office (C/O) District; Charles and Susan E. Pick Revocable Trust, owners and applicants; West End Neighborhood . Project Planner: Steve Stafford DIRECTOR’S REPORT COMMISSION COMMUNICATION ADJOURNMENT I. Next Meeting: July 14, 2020. II. I, Anne Derrick, hereby certify that on Friday, June 19 2020, I posted a notice of the June 23, 2020, 2020 Planning Commission meeting on the City of San Rafael Agenda Board. MINUTES SAN RAFAEL PLANNING COMMISSION REGULAR MEETING TUESDAY, May 12, 2020, 7:00 P.M. Virtual Meeting CORONAVIRUS (COVID-19) ADVISORY NOTICE In response to Executive Order N-29-20, the City of San Rafael will no longer offer an in-person meeting location for the public to attend. This meeting will be streamed live throughYouTube. Comments submitted via YouTube must be submitted according to the directions located on the YouTube video description. The City is not responsible for any interrupted service. To ensure the Planning Commission receives your comments, submitwritten comments to the Alicia Giudice, Principal Planner (alicia.giudice@cityofsanrafael.org), prior to the meeting. For more information regarding real-time public comments, please visit our Live Commenting Pilot page at https://www.cityofsanrafael.org/live-commenting-pilot/. Want to listen to the meeting and comment in real-time over the phone? Contact the City Clerk’s office at 415-485-3066 or by email to lindsay.lara@cityofsanrafael.org to learn more about participation by telephone. Any member of the public who needs accommodations should contact the City Clerk (email lindsay.lara@cityofsanrafael.org or phone at 415-485-3066) who will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Present: Berenice Davidson Mark Lubamersky Barrett Schaeffer Shingai Samudzi Sarah Loughran Aldo Mercado Absent: None Also Present: Alicia Giudice, Principal Planner Raffi Boloyan, Planning Manager Sean Kennings, Contract Planner Justin Klaparda, Contract Planner Members of the public may speak on Agenda items. CALL TO ORDER PLEDGE OF ALLEGIANCE RECORDING OF MEMBERS PRESENT AND ABSENT APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS PUBLIC NOTIFICATION OF MEETING PROCEDURES URGENT COMMUNICATION  Any records relating to an Agenda Item, received by a majority or more of the board or commission less than 72 hours before the meeting, shall be available for inspection in the CDD Dept, at 1400 Fifth Ave, Third Floor, San Rafael, CA  Sign Language and interpretation and assistive listening devices may be requested by calling (415) 485-3066 (voice), emailing Lindsay.lara@cityofsanrafael.org, or using the California Telecommunications Relay Service by dialing “711” at least 72 hours in advance. Copies of documents are available in acce ssible formats upon request.  Public transportation to City Hall is available through Golden Gate Transit, Line 22 or 23. Para-transit is available by calling Whistlestop Wheels at (415) 454-0964.  To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented productsTo allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products. . THE PLANNING COMMISSION WILL TAKE UP NO NEW BUSINESS AFTER 11:00 P .M. AT REGULARLY SCHEDULED MEETINGS. THIS SHALL BE INTERPRETED TO MEAN THAT NO AGENDA ITEM OR OTHER BUSINESS WILL BE DISCUSSED OR ACTED UPON AFTER THE AGENDA ITEM UNDER CONSIDERATION AT 11:00 P.M. THE COMMISSION MAY SUSPEND THIS RULE TO DISCUSS AND/OR ACT UPON ANY ADDITIONAL AGENDA ITEM(S) DEEMED APPROPRIATE BY A UNANIMOUS VOTE OF THE MEMBERS PRESENT.APPEAL RIGHTS: ANY PERSON MAY FILE AN APPEAL OF THE PLANNING COMMISSION'S ACTION ON AGENDA ITEMS WITHIN FIVE BUSINESS DAYS (NORMALLY 5:00 P.M. ON THE FOLLOWING TUESDAY) AND WITHIN 10 CALENDAR DAYS OF AN ACTION ON A SUBDIVISION. AN APPEAL LETTER SHALL BE FILED WITH THE CITY CLERK, ALONG WITH AN APPEAL FEE OF $350 (FOR NON-APPLICANTS) OR A $4,476 DEPOSIT (FOR APPLICANTS) MADE PAYABLE TO THE CITY OF SAN RAFAEL, AND SHALL SET FORTH THE BASIS FOR APPEAL. THERE IS A $50.00 ADDITIONAL CHARGE FOR REQUEST FOR CONTINUATION OF AN APPEAL BY APPELLANT. Anyone with an urgent communication on a topic not on the agenda may address the Commission at this time. Please notify the Community Development Director in advance. CONSENT CALENDAR 1. Minutes, April 14, 2020 Mark Lubamerksy moved and Berenice Davidson seconded to approve Minutes as presented. The vote is as follows: AYES: Barrett Schaefer, Aldo Mercado, Berenice Davidson, Shingai Samudzi, Sarah Loughran, Mark Lubamersky NOES: None ABSTAIN: None ABSENT: None PUBLIC HEARING 2. 1499 Lucas Valley Rd. – Request for an Environmental and Design Review Permit to allow the construction of a new 901 square foot bathroom/closet addition to an existing 6,500 square foot single-family residence on a 8.9-acre site; APN: 165-010- 89; Planned Development – Hillside Overlay (PD 1701-H) District; Mike and Sharon Stone, owners; Maureen Jochum of Jochum Architects, applicant; File No.: ED19- 099. Project Planner: Sean Kennings Barrett Schaeffer moved and Shingai Samudzi seconded to adopt resolution approving project. The vote is as follows: AYES: Barrett Schaefer, Aldo Mercado, Berenice Davidson, Shingai Samudzi, Sarah Loughran, Mark Lubamersky NOES: None ABSTAIN: None ABSENT: None 3. 1011 Andersen Drive (Marin Airporter Transfer Station) – Request for a Use Permit Extension and Environmental and Design Review Permit Extension to a previously approved project for the Marin Airporter Transfer Terminal (5-year lease) located at 1011 Anderson (previously a portion of 1081 Anderson). The proposed Use Permit Extension and Environmental and Design Review Permit Extension would include the installation of 31 trees on the northern half of the site where long term parking is currently located and additional landscaping improvements to be located within 2 bioswales at the northern most end of the 2.8 acre site.; APN 0018- 142-74 and 018-180-53; Light Industrial/Office (LI/O) District; Golden Gate Bridge Highway and Transportation District, owner; Larry Leporte of Marin Airporter, applicant; File No(s).: UP19-021, ED19-051. Project Planner: Alicia Giudice  Any records relating to an Agenda Item, received by a majority or more of the board or commission less than 72 hours before the meeting, shall be available for inspection in the CDD Dept, at 1400 Fifth Ave, Third Floor, San Rafael, CA  Sign Language and interpretation and assistive listening devices may be requested by calling (415) 485-3066 (voice), emailing Lindsay.lara@cityofsanrafael.org, or using the California Telecommunications Relay Service by dialing “711” at least 72 hours in advance. Copies of documents are available in acce ssible formats upon request.  Public transportation to City Hall is available through Golden Gate Transit, Line 22 or 23. Para-transit is available by calling Whistlestop Wheels at (415) 454-0964.  To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented productsTo allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products. . THE PLANNING COMMISSION WILL TAKE UP NO NEW BUSINESS AFTER 11:00 P .M. AT REGULARLY SCHEDULED MEETINGS. THIS SHALL BE INTERPRETED TO MEAN THAT NO AGENDA ITEM OR OTHER BUSINESS WILL BE DISCUSSED OR ACTED UPON AFTER THE AGENDA ITEM UNDER CONSIDERATION AT 11:00 P.M. THE COMMISSION MAY SUSPEND THIS RULE TO DISCUSS AND/OR ACT UPON ANY ADDITIONAL AGENDA ITEM(S) DEEMED APPROPRIATE BY A UNANIMOUS VOTE OF THE MEMBERS PRESENT.APPEAL RIGHTS: ANY PERSON MAY FILE AN APPEAL OF THE PLANNING COMMISSION'S ACTION ON AGENDA ITEMS WITHIN FIVE BUSINESS DAYS (NORMALLY 5:00 P.M. ON THE FOLLOWING TUESDAY) AND WITHIN 10 CALENDAR DAYS OF AN ACTION ON A SUBDIVISION. AN APPEAL LETTER SHALL BE FILED WITH THE CITY CLERK, ALONG WITH AN APPEAL FEE OF $350 (FOR NON-APPLICANTS) OR A $4,476 DEPOSIT (FOR APPLICANTS) MADE PAYABLE TO THE CITY OF SAN RAFAEL, AND SHALL SET FORTH THE BASIS FOR APPEAL. THERE IS A $50.00 ADDITIONAL CHARGE FOR REQUEST FOR CONTINUATION OF AN APPEAL BY APPELLANT. Sarah Loughran moved and Berenice Davison seconded to adopt resolution approving project with Modification to Condition #10 as noted by the Commission. The vote is as follows: AYES: Barrett Schaefer, Aldo Mercado, Berenice Davidson, Shingai Samudzi, Sarah Loughran, Mark Lubamersky NOES: None ABSTAIN: None ABSENT: None 4. 1075 Francisco Boulevard East (Home2 Suites and Hampton Inn & Suites Hotel) – Request for an Environmental and Design Review, Use Permit, and Major Subdivision (Lot Merger) for a project proposing to develop a 2.79-acre portion of a vacant property with a new 54-foot high, 106,000 gross square foot hotel containing 185 rooms and development of a smaller 0.66-acre portion of the property with a vehicle storage lot. Other improvements include landscaping, flood mitigation, and establishment of easements.; APNs: 009-191-02, -03, -04, -09, -10; General Commercial (GC) Zoning District; Marin Hospitality INC., owner; Stephan Allen, applicant; File No.: ED19-038/19-098; UP19-016/19046;TS19-003. Project Planner: Alicia Giudice Berenice Davidson moved and Barrett Schaeffer seconded to adopt resolution approving project with modifications to condition as noted by the Commission. The vote is as follows: AYES: Barrett Schaefer, Aldo Mercado, Berenice Davidson, Shingai Samudzi, Sarah Loughran, Mark L NOES: None ABSTAIN: None ABSENT: None DIRECTOR’S REPORT COMMISSION COMMUNICATION ADJOURNMENT Community Development Department – Planning Division Meeting Date: June 23, 2020 Agenda Item: Case Numbers: UP19-029 Project Planner: Steve Stafford/ 415-458-5048 REPORT TO PLANNING COMMISSION SUBJECT: 2130 Fourth Street – Request for a Use Permit allow a Parking Modification of the required on-site parking to support of a proposed 290 sq. ft. expansion of the Miracle Mile Café indoor dining area. On-site parking is currently ‘legal nonconforming’, providing a total of 23 parking spaces (13 dedicated spaces in a lower parking area and another 10 parking spaces on an upper gravel parking area off Alexander Ave.), where 33 parking spaces are required. The City’s parking standards would require the proposed project to provide an additional six (6) parking spaces. The project has submitted a parking study which proposes the additional parking demand from the restaurant expansion may be accommodated by public parking in the vicinity of the site; APN: 010-277-11; Commercial/Office (C/O) District; Charles and Susan E. Pick Revocable Trust, owners and applicants; West End Neighborhood. EXECUTIVE SUMMARY The project proposes to expand the existing dining area for an existing restaurant (“Miracle Mile Café”) by 290 sq. ft. (approximately 20 additional seats). The additional seating area will be created by converting existing ground-floor commercial space, which is not being currently used; so, the project does not propose any physical expansion to the existing building on the site that would constitute additional FAR (Floor Area ratio). The project is required to comply with the City’s parking standards for the expansion and the proposed 290 sq. ft. expansion of the restaurant’s dining area is required to provide an additional six (6) off-street parking spaces. The site currently has ‘legal nonconforming’ parking, providing a total of 23 off - street parking spaces where 33 parking spaces are required. The site is physically unable to construct the additional required parking on the site and, instead, the applicant has submitted a parking study which concludes that there is a surplus of available street or public parking within the vicinity (approximate 2 block radius) of the site to meet the increase parking demand resulting from the restaurant expansion. The project requests a Parking Modification, based on the submitted parking study, which both the Community Development Director and the Public Works Director have reviewed and support , subject to conditions including, but not limited to, elevating the determination on the Parking Modification to the Planning Commission due to the existing ‘legal nonconforming’ parking conditions on the site. Staff finds the proposed project meets the applicable General Plan land use policies and standards and findings under the Zoning Ordinance (see discussion under the Analysis section of this report), subject the approval of the requested Parking Modification, based primarily on the submitted parking study and review and support of the parking study by the Community Development and Public Works Directors. RECOMMENDATION It is recommended that the Planning Commission adopt the Draft Resolution approving the requested Use Permit for the project (Exhibit 2). REPORT TO PLANNING COMMISSION - Case No: UP19-029 2130 Fourth St. June 23, 2020 Page 2 PROPERTY FACTS Address/Location: 2130 4th St/Btwn 4th St and Alexander Ave. Parcel Number(s): 010-277-11 Property Size: 15,000 sf Neighborhood: West End Site Characteristics General Plan Designation Zoning Designation Existing Land-Use Project Site: Retail/Office (Ret/O) Commercial/Office (C/O) Commercial North: Low-Density Residential (LDR) Single-Family Residential (R5) Single-Family Residence South: LDR R5 Single-Family Residence East: Ret/O C/O Commercial West: Ret/O C/O Commercial BACKGROUND Site Description/Setting: The subject site is located mid-block, between W. Crescent Dr. to the west and Alexander Ave. to the east, in the West End neighborhood. The site has two frontages; Fourth St. is the primary frontage for vehicular and pedestrian traffic to the south while Alexander Ave. provides a secondary frontage to the north. The site is approximately 15,000 sq. ft. in size with fairly significant (approximately 18% cross-slope) south-to- north trending upslope from the Fourth St. frontage to the Alexander Ave. frontage. The site is currently developed with a two-story, approximately 5,500 sq. ft. commercial building with approximately 2,700 sq. ft of offices space and one (1) residential unit above approximately 2,300 sq. ft. of restaurant space and a total of 23 on-site parking spaces (13 dedicated parking spaces located within a lower asphalt parking area, closest to the building and a gravel area accessed off Alexander Ave to the rear. which provides another 10 parking spaces). The site is surrounded by commercial development to the west and east, and single-family residences to the north and south. PROJECT DESCRIPTION The project requests a Parking Modification in support of a proposed 290 sq. ft. expansion to the dining area (approximately 20 additional seats) of an existing restaurant (“Miracle Mile Café”). The project does not propose to add FAR to the existing building but, rather, to utilize existing unused commercial space. However, the conversion of unused retail space to additional seating area triggers the construction of six (6) additional off-street parking spaces and the project proposes none. Instead, the project submitted a parking study (Exhibit 3) which concludes a surplus of street or public parking exists within the vicinity (approximate 2 blocks) of the site to adequately meet the anticipated parking demand to result from the expanded restaurant dining area. Planning Applications: The project requires the approval of a Use Permit for Parking Modification to effectively waive the additional six (6) additional off-street parking spaces that would be required to meet the parking demand of the proposed 290 sq. ft. expanded restaurant dining area. Use Permits requesting Parking Modifications require Zoning Administrator approval with recommendations by the Community Development and Public REPORT TO PLANNING COMMISSION - Case No: UP19-029 2130 Fourth St. June 23, 2020 Page 3 Works Directors. The Community Development and Public Works Directors requested that the review and determination of the Parking Modification be elevated to the Planning Commission due to the extent of the existing ‘legal nonconforming’ parking conditions on the site. The site currently has ‘legal nonconforming’ parking, providing a total of 23 off-street parking spaces where 33 parking spaces are required. Project plans can be accessed here. ANALYSIS San Rafael General Plan 2020 Consistency: There are numerous General Plan policies applicable to this project. The General Plan contains many competing policies that need to be weighed and considered. Consistency with a General Plan is determined by reviewing and weighing the goals and polices of all elements of the San Rafael General Plan 2020. Overall, the project would be consistent with most of the applicable San Rafael General Plan 2020 policies. The General Plan land use designation for the project site is Retail/Office (R/O). The R/O designation is characterized by retail and service uses, similar to the existing restaurant use on the site. Office and residential uses are also allowed in the Ret/O designation, both also exist on the site, which are consistent with Land Use Policy LU-23 (Land Use Map and Categories). Also, the project would be in accordance Neighborhood Policy NH-8 (Parking) which seeks to provide adequate parking for projects and to promote ways to encourage parking opportunities, subject to the approval of the requested Parking Modification. Staff finds the site to be challenging due, primarily, to the extent of the legal nonconforming parking. The site was originally developed in 1955 with offices above a “dance pavilion/music studio” with the required parking. Since 1971, a restaurant has existed on the ground-floor of the existing building. Restaurant uses have the highest parking requirement at 1 space per 50 sq. ft. of public area, like dining or seating area. The conversion of the “dance pavilion/music studio” to restaurant did not include any increase in parking due, ostensibly, to site constraints resulting from the significant grade change at the rear portion of the site, along the Alexander Ave. frontage. In addition, the lower parking area on the site was reconfigured with permits in 2016 to improve safety, which included: 1) Upgrading the ADA parking stall to meet current van- accessible requirements; 2) Redesigning the diagonal parking spaces to a combination of perpendicular and parallel parking spaces; and 3) Eliminating parking spaces which require direct back-up onto Fourth St. These changes resulted in the loss of one (1) historic parking space on the site. Zoning Ordinance Consistency: The project has been reviewed for consistency with the San Rafael Zoning Ordinance. Overall, the project would be consistent with all applicable regulations of the Zoning Ordinance, subject on the approval of the requested Parking Modification and the findings to support the Use Permit. Chapter 4 – Commercial and Office (C/O) District The site is located within the Commercial/Office (C/O) District. The proposed project will require consistency with the applicable property development standards for the C/O District. Since the proposed 290 sq. ft. expansion of the dining area for the existing restaurant will not require any new construction other than providing internal access existing commercial space, the only applicable development standard is parking for which the project is requesting a waiver or Parking Modification through the Use Permit. Chapter 18 – Parking Standards Pursuant to Section 14.18.040 (Parking Requirements) of the Zoning Ordinance, the proposed 290 sq. ft. expansion of the dining/seating area of the existing restaurant is required to provide one (1) additional parking space (covered or uncovered) per 50 sq. ft. of “floor area intended for public use” or a total of six REPORT TO PLANNING COMMISSION - Case No: UP19-029 2130 Fourth St. June 23, 2020 Page 4 (6) additional off-street parking spaces. The project is requesting a Parking Modification, through a Use Permit, to essentially waive this additional parking requirement due to site constraints (specifically, the significant grade change – 18% average cross-slope over 150’ – on the site, between the Fourth St. and Alexander Ave. frontages) which impedes the ability to create additional parking which meets the City’s design standards for parking spaces (i.e., minimum dimensions, back -up distance, sight distance, and prohibition to tandem parking). In lieu of providing the required off-street parking, the project has submitted a parking study (Exhibit 3), which has been reviewed and revised based on comments from the City’s Traffic Engineer, that has concluded there is surplus street or public parking in the vicinity of the site (approximate 2 block radius) to adequately meet the parking demand resulting from the 290 sq. ft. expansion of the restaurant’s dining area. This parking study is the basis for the requested Parking Modification, which has been reviewed and supported by both the Community Development and Public Works Directors. Chapter 22 – Use Permits As discussed previously, the project will require Use Permit approval to allow a Parking Modification to allow the waiver of the required six (6) additional off-street parking spaces. The project supports the proposed waiver by submitting a parking study which concludes there is surplus street or public parking in the vicinity of the site (approximate 2 block radius) to adequately meet the anticipated parking demand resulting from the 290 sq. ft. expansion of the restaurant’s dining area. A Parking Modification is subject to the review by, and the recommendation of, the Community Development Director and the Public Works Director and the approval of a Use Permit by the Zoning Administrator. The Community Development and the Public Works Directors both support the request for parking waiver, though request approval of the Parking Modification be elevated to the Planning Commission due to the extent of the existing ‘legal conforming’ parking on the site. The site currently provides a total of 23 off-street parking spaces between a dedicated lower parking area along the Fourth St. front frontage and a gravel upper parking area accessed along the Alexander Ave. rear frontage, where 33 off-street parking spaces are required based on the current uses. Staff finds the findings are met for approval of the proposed Use Permit, as identified in the Planning Commission Resolution (Exhibit 2). DESIGN REVIEW BOARD The project is requesting a Parking Modification, as required through a Use Permit. The proposed 290 sq. ft. addition to the dining/seating area of the existing restaurant on-site would involve repurposing existing unused ground floor commercial space and would not require any new exterior c onstruction. While the restaurant addition requires six (6) additional parking space, the project, essentially, requests a waiver due to site constraints and the availability of adequate street parking in the vicinity of the site. No Environmental and Design Review Permit is required and therefore, the City’s Design Review Board has not reviewed the project. ENVIRONMENTAL DETERMINATION Pursuant to CEQA (California Environmental Quality Act) Guidelines Section 15061, the proposed project is exempt from CEQA pursuant to CEQA Guidelines Sections 15301 (a) (Class 1; Existing Facilities) and 15305 (Class 5; Minor Alteration in Land Use Limitations). A Class 1 categorical exemption under the CEQA Guidelines applies to minor interior or exterior alterations, such as a 290 sq. ft. expansion of an existing restaurant dining area, involving negligible or no expansion of use. A Class 5 categorical exemption under the CEQA Guidelines applies to minor alterations in land use limitations on sites with an average cross-slope of less than 20%, such as the reduction or waiver of parking requirements, which do not result in changes in land use or density. The project is exempt from the California Environmental Quality Act (CEQA), pursuant to Sections 15301 (a) and 15305 of the CEQA Guidelines, given that; 1) The REPORT TO PLANNING COMMISSION - Case No: UP19-029 2130 Fourth St. June 23, 2020 Page 5 proposed expansion of the restaurant dining area will require only the removal of existing partitions which currently separate the existing dining area and the existing unused commercial space; and 2) The site has an average cross-slope of 18% and the project does not propose any changes to existing land uses on the site or density. NEIGHBORHOOD MEETING / CORRESPONDENCE Notice of this Planning Commission hearing was conducted in accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance. A Notice of Public Meeting was mailed to all property owners, residents, businesses and occupants within a 300-foot radius of the project site and the appropriate neighborhood groups (West End Neighborhood Association and the Federation of San Rafael Neighborhoods) and all other interested parties, at least 15 calendar days prior to this hearing date. Staff received one (2) public comments as a result of noticing (Exhibit 4). A neighbor residing on Alexander Ave., the rear frontage of the site, neither supports or opposes the project. Instead, the neighbor wanted to provide clarification that the upper gravel parking area of the site is currently used by neighbors and site employees, both daily and nightly. Staff’s response is that the Use Permit and Parking Modification has been conditioned (Condition #2) requiring the applicant and property owner install wayfinding signage on the site, including the gravel parking area, specifying that the 10 gravel parking spaces shall be restricted for exclusive use to restaurant patrons and employees during the days and hours the restaurant is in operation (currently, 7 am – 3 pm weekdays and 8 am – 3 pm weekends (both Saturday and Sunday)) and available for use by all others when the restaurant is closed. Another neighbor residing on Alexander Ave. is opposed to the project, stating that employees and customers from the commercial uses along Fourth St. currently impact the ability of residents along Alexander Ave. from using the street parking in front of their residences and the project will create a greater impact; the resident requests the City restrict all street parking along Alexander Ave. to residents only. Staff’s response is that street parking in the vicinity of the site, and throughout the City, is available to everyone on a first ‘come-first serve’ basis and further requests to implement parking restrictions along Alexander Ave. should be directed directly to the Department of Public Works and Parking Services for separate review. Any comments received after distribution of the staff report, will be forwarded to the Commission under separately. CONCLUSION Staff finds the site to be challenging due, primarily, to the extent of the legal nonconforming parking. The site was originally developed as commercial space with required parking for commercial uses. Since 1971, a restaurant has existed on the ground-floor of the existing building and increases in off-street parking on the site do not meet current requirements. Site constraints resulting from the significant (18%) grade change between the Fourth St. frontage and the Alexander Ave. frontage essentially prohibit the ability to design additional parking on the site safely. A parking study submitted in lieu of adding off-street parking to the site concludes there is a surplus of available street or public parking in the vicinity (approximate 2 block radius) to meet the anticipated parking demand resulting from the minor (290 sq. ft.) expansion of the existing restaurant’s dining area. Both the Community Development and Public Works Directors have reviewed and support the requested Parking Modification. Staff finds the project meets the findings necessary for issuance of the proposed Use Permit. The Planning Commission is requested to review and taking final action on the project. REPORT TO PLANNING COMMISSION - Case No: UP19-029 2130 Fourth St. June 23, 2020 Page 6 EXHIBITS 1. Vicinity/Location map 2. Draft Resolution recommending approval of the requested Parking Modification and Use Permit 3. Parking study 4. Public comments Project Plans Exhibit 2 File No. UP19-029 1 RESOLUTION NO. 20- RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION CONDITIONALLY APPROVING A USE PERMIT (UP19-029) TO ALLOW A PARKING MODIFICATION TO REDUCE THE REQUIRED ON-SITE PARKING TO SUPPORT A PROPOSED 290 SQ. FT. EXPANSION OF THE INDOOR DINING/SEATING AREA OF AN EXISTING RESTAURANT (“MIRACLE MILE CAFÉ”) LOCATED AT 2130 FOURTH ST. (APN: 010-277-029) WHEREAS, the subject site is a two-story commercial building with approximately 2,700 sq. ft of offices space and one (1) residential unit above approximately 2,300 sq. ft. of restaurant space and a total of 23 on-site parking spaces (13 dedicated parking spaces located within a lower asphalt parking area, closest to the building and a gravel area accessed off Alexander Ave. which accommodates another 10 parking spaces); and WHEREAS, the on-site parking is currently ‘legal nonconforming’; the site provides a total of 23 parking spaces, where 33 parking spaces are required by the City’s current parking code for the existing mixture of uses on the site; and WHEREAS, on July 5, 2019, the property owner of the subject site submitted a Use Permit application with the Community Development Department, Planning Division, requesting a Parking Modification, proposing to expand the indoor dining/seating area of an existing restaurant 290 sq. ft. (approximately 20 seats) into existing unused tenant space though without also providing the additional six (6) on-site parking that would be required for such expansion, as required by the City’s parking code; and WHEREAS, the request for Parking Modification included the submittal of a parking study (Exhibit 2; Prepared by W-Trans, dated June 11, 2020) which supported the Parking Modification and concluded there is a surplus of available street or public parking spaces in the vicinity of the site (approximate 2 block radius) to adequately meet the increased parking demand resulting from the project; and WHEREAS, the parking requirement for the proposed additional 290 sq. ft. of restaurant dining/seating area is six (6) additional parking spaces (based on a parking rate of 1 parking space per 50 sq. ft. of new dining/seating area), pursuant to section 14.18.040 (B) of the San Rafael Municipal Code (SRMC); and WHEREAS, the parking requirement may be modified, through a Use Permit as a Parking Modification, so as to provide adequate parking which is fair, equitable, logical and consistent with the intent of the City’s parking code. subject to review and recommendation by the Community Development Director and Public W orks Director, and approval by the Zoning Administrator; and WHEREAS, both the Community Development Director and Public W orks Director have reviewed and recommend approval of the requested Parking Modification, subject to elevating the determination on the Parking Modification to the Planning Commission due to the existing ‘legal nonconforming’ parking conditions on the site; and WHEREAS, on June 23, 2020, the San Rafael Planning Commission held a duly noticed a hearing to consider Use Permit (UP19-029) application, accepted and considered all oral and written public testimony and the written report of Planning staff; and Exhibit 2 File No. UP19-029 2 WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department; and NOW THEREFORE BE IT RESOLVED, the Planning Commission of the City of San Rafael hereby maked the following findings related to the application for a Use Permit (UP19- 029) for a parking modification: Use Permit (UP19-029) Findings A. The requested Parking Modification to allow 290 sq. ft. of additional indoor dining/seating area to an existing restaurant while providing no additional on-site parking where six (6) additional parking spaces are required, as revised and conditioned, will be in accord with the San Rafael General Plan 2020, the objectives of Title 14 of the San Rafael Municipal Code (the Zoning Ordinance) and the purposes of the Commercial/Office (C/O) District, in which the project site is located, given that; 1. The proposed project will implement and promote the goals and policies of the San Rafael General Plan 2020, given that; The project will be consistent with all applicable General Plan policies, including Neighborhood Policy NH-8 (Parking) which seeks to provide adequate parking for projects and to promote ways to encourage parking opportunities. The project submittal included a parking study which concludes there is a surplus of street or public parking in the vicinity (approximate 2 block radius) of the site to adequately meet the increased parking demand anticipated to result from the increase (approximately 20 seats) in dining/seating area for the existing restaurant. The City’s Traffic Engineer has reviewed and supports the submitted traffic study, subject to a condition (Condition #5), which requires the property owner and applicant to make every effort to secure off-site parking (minimum 6 parking spaces) to meet the parking required for the expanded restaurant use, through a recorded off-site parking agreement, and to provide documentation of the effort; 2. The proposed project will be consistent with the objectives of the Zoning Ordinance, given that: a) The project implements and promotes the goals and policies of the San Rafael General Plan 2020, as identified in Finding A (1) above; b) The project will reduce or remove negative impacts caused by inappropriate location, use or design of buildings and improvements, given that; a parking study submitted by the property owner and applicant, and reviewed and supported by the City’s Traffic Engineer concludes there is a surplus of street or public parking in the vicinity (approximate 2 block radius) of the site to adequately meet the increased parking demand anticipated to result from the increase (approximately 20 seats) in dining/seating area for the existing restaurant; c) The project will protect, strengthen and diversify the economic base of the city, given that; it will allow the expansion of a successful neighborhood-serving restaurant which may result in additional employment opportunities for San Rafael residents; and d) The project will provide for effective citizen participation in decision-making through the noticing of this Planning Commission hearing and the Planning Commission hearing itself; and 3. The proposed project will be consistent with the purposes of the C/O District, given that; a) The project will promote specialized commercial environments Exhibit 2 File No. UP19-029 3 which provide appropriately located areas for retail, service and office development, and provide the city with a wide range of neighborhood, local and regional serving uses, such as allowing the expansion of a successful neighborhood restaurant; b) The project will promote appropriately located businesses which provide local employment opportunities and/or generate tax revenue for the city, such as allowing the expansion of a successful neighborhood restaurant; and c) The project will promote commercial and office projects at appropriate building intensities and trip-generation characteristics which will maintain acceptable traffic-operating standards, given that; the project will not increase the existing FAR (Floor Area Ratio) on the site and has been determined by the City’s Traffic Engineer to result in no additional peak hour traffic trips/impacts. B. The requested Use Permit for a Parking Modification to allow 290 sq. ft. of additional indoor dining/seating area to an existing restaurant while providing no additional on-site parking where six (6) additional parking spaces are required), as revised and conditioned, will not be detrimental to the public healrth, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City, given that; 1) A parking study for the requested Parking Modification was reviewed and supported by the City’s Traffic Engineer which concluded a surplus of street or public parking spaces in the vicinity (approximate 2 blook radius) to adequately meet the anticipated increase in parking demand resulting from the increase in indoor dining/seating (approximately 20 seats) for the existing restaurant on site; and 2) Both the Community Development Director and the Public Works Director have reviewed and recommend approval of the Parking Modification based, in large part, on the parking study submitted with the project and subject to a condition (Condition #5), which requires the property owner and applicant to make every effort to secure off-site parking (minimum 6 parking spaces) to meet the parking required for the expanded restaurant use, through a recorded off-site parking agreement, and to provide documentation of the effort; and C. The requested Parking Modification allow 290 sq. ft. of additional indoor dining/seating area to an existing restaurant while providing no additional on-site parking where six (6) additional parking spaces are required), as revised and conditioned, will comply with all applicable standards, including maximum allowable FAR (Floor Area Ratio) for the site, with the exception of parking. The site has current ‘legal nonconforming’ parking (a total of 23 on-site parking spaces provided where 33 parking spaces are required), which will not be reduced as a result of the Parking Modification. California Environmental Quality Act (CEQA) Findings A. Pursuant to CEQA (California Environmental Quality Act) Guidelines Section 15061, the proposed project is exempt from CEQA pursuant to CEQA Guidelines Sections 15301 (a) (Class 1; Existing Facilities) and 15305 (Class 5; Minor Alteration in Land Use Limitations). A Class 1 categorical exemption under the CEQA Guidelines applies to minor interior or exterior alterations, such as a 290 sq. ft. expansion of an existing restaurant dining area, involving negligible or no expansion of use. A Class 5 categorical exemption under the CEQA Guidelines applies to minor alterations in land use limitations on sites with an average cross-slope of less than 20%, such as the reduction or waiver of parking requirements, which do not result in changes in land use or density. The project is exempt from the California Environmental Quality Act (CEQA), pursuant Exhibit 2 File No. UP19-029 4 to Sections 15301 (a) and 15305 of the CEQA Guidelines, given that; 1) The proposed expansion of the restaurant dining area will require only the removal of existing partitions which currently separate the existing dining area and the existing unused commercial space; and 2) The site has an average cross-slope of 18% and the project does not propose any changes to existing land uses on the site or density. BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Rafael does hereby approve the Use Permit (UP19-029) for a Parking Modification, based on the findings of fact above and, subject to the following conditions of approval: Use Permit (UP19-029) Conditions of Approval General and On-Going Community Development Department, Planning Division 1. This Use Permit approves a Parking Modification to allow the conversion of 290 sq. ft. of ground-floor office space to additional indoor dining/seating area for an existing restaurant (currently, “Miracle Mile Café”) without providing additional on-site parking; the site currently provides and will continue to provide a total of 33 dedicated parking spaces (13 uncovered parking spaces located adjacent to the building in a lower parking area and another 10 uncovered parking spaces on an upper gravel parking area accessed from Alexander Ave.). 2. This Use Permit and Parking Modification requires the applicant and property owner shall make available the 10 uncovered gravel parking spaces, located along Alexander Ave., for public parking during the days and hours when the restaurant is closed (currently, 3 pm – 7 am weekdays and 3 pm – 8 am weekends (both Saturdays and Sundays)). Wayfinding signage shall be installed on the site to promote the use of the gravel parking spaces by both patrons during working hours and the public outside of working hours. 3. This Use Permit shall run with the land and shall remain valid regardless of any change- of ownership of the project site, subject to these conditions. This Use Permit will fully vest once a building/grading permit is issued and ‘substantial construction’ is commenced or a time extension request is submitted to the City’s Community Development Department, Planning Division, within two (2) years of original approval, or by June 23, 2022 (‘Substantial construction’ is defined as documentation of one or more inspections by the Community Development Department, Building Division). Failure to obtain a grading/building permit and commence ‘substantial construction’ or submit a time extension request by the specified date will result in the expiration of this Use Permit and Parking Modification. Department of Public Works 4. This Use Permit and Parking Modification requires the existing gravel parking area along the Alexander Ave. frontage to be striped to meet the City parking space dimension standards. If the applicant and property owner embed or anchors vinyl strips to delineate these gravel parking spaces, the applicant and property owner shall maintain the striping in perpetuity to eliminate any potential tripping hazard. 5. This Use Permit and Parking Modification requires the applicant and property owner to make every effort to secure off-site parking (minimum 6 parking spaces) to meet the parking required for the expanded restaurant use, through a recorded off-site parking agreement, and to provide documentation of the effort. Exhibit 2 File No. UP19-029 5 6. Any work within the public Right-of-Way shall require issuance of an encroachment permit from the Department of Public Works (https://www.cityofsanrafael.org/encroachment- permits/). 7. Should the applicant and property owner choose to improve the gravel parking area with a more permanent durable surface, the design shall include curb and gutter, along with striping, signage and stormwater drainage, and shall be reviewed by the Department of Public Works. 8. A construction vehicle fee shall be required at the time of building permit issuance for the project, which is calculated at 1% of the valuation with the first $10,000 of valuation exempt. The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the 23rd day of June 2020. Moved by Commissioner_____________and seconded by Commissioner ________________. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: SAN RAFAEL PLANNING COMMISSION ATTEST: BY: Paul A. Jensen, Secretary Aldo Mercado, Chair