HomeMy WebLinkAboutPlanning Commission 2017-10-24 Agenda Packet
AGENDA
SAN RAFAEL PLANNING COMMISSION
REGULAR MEETING
TUESDAY, October 24, 2017, 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 1400 FIFTH AVENUE
SAN RAFAEL, CALIFORNIA
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Community Development Department, Third Floor, 1400 Fifth Avenue, and placed with other agenda-related materials on the table in front of the Council Chamber prior to
the meeting.
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.
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 10/10/17
PUBLIC HEARINGS
2. 39 Larkspur Street – Request for a Use Permit and Environmental Design Review to legalize an
existing 24-Hour Towing Company, addition of a sliding gate, and a parking modification to convert the
required loading zone to additional parking; APN: 018-012-09; CCI/O Zone; Ken, Applicant; Universal
Portfolio LTD, Owner; Case Numbers: ED17-004 and UP16-023. Project Planner: Alan Montes
3. 1848 Fourth Street (Pond Farm Brewery) – Appeal of the Zoning Administrator’s September 13, 2017
action, conditionally approving a Use Permit to allow a Brew Pub with Live Entertainment and Outdoor
Dining within an existing developed site; APN: 010-291-35; WEV (West End Village) Zoning District;
Noah Gift, Appellant; Stephanie and Trevor Martens applicant/1801 Eastshore LLC, Owner; Case
Number(s): AP17-005/UP17-022/OL17-004. Project Planner: Alicia Giudice
.DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
I. Next Meeting: November 14, 2017
II. I, Anne Derrick, hereby certify that on Friday, October 20, 2017, I posted a notice of the October 24,
2017 Planning Commission meeting on the City of San Rafael Agenda Board.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, October 10, 2017
Regular Meeting
San Rafael Planning Commission Minutes
For a complete video of this meeting, go to http://www.cityofsanrafael.org/meetings
CALL TO ORDER
Present: Jack Robertson
Barrett Schaefer
Mark Lubamersky
Jeff Schoppert
Sarah Loughran
Berenice Davidson
Absent: Larry Paul
Also Present: Raffi Boloyan, Planning Manager
Alicia Giudice, Contract Planner
PLEDGE OF ALLEGIANCE
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
CONSENT CALENDAR
1. Minutes 9/26/17
Barrett Schaefer moved and Mark Lubamersky seconded to approve Minutes as presented. The vote is
as follows:
AYES: Jack Robertson, Barrett Schaefer, Mark Lubamersky, Jeff Schoppert, Sarah Loughran,
Berenice Davidson
NOES: None
ABSTAIN: None
ABSENT: Larry Paul
PUBLIC HEARINGS
2. 629 Lindaro Street (Tail Haven) –Appeal of the Zoning Administrator’s August 23, 2017, action to
conditionally approve a Use Permit to allow a an Animal Care Facility within an existing
developed site; APN: 013-061-05; LMU (Lindaro Mixed Use) Zoning District; Charles Brown,
Appellant; Emily Rannow, applicant/Garbarino Investments, owner ; Case Number(s): AP17-
007/UP17-018. Project Planner: Alicia Giudice .
Staff Report
Jeff Schoppert moved and Sarah Loughran seconded to uphold Zoning Administrator decision approving
project and denying appeal. The vote is as follows:
AYES: Barrett Schaefer, Mark Lubamersky, Jeff Schoppert, Sarah Loughran, Berenice
Davidson
NOES: Jack Robertson
ABSTAIN: None
ABSENT: Larry Paul
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
___________________________________
ANNE DERRICK, Administrative Assistant III
APPROVED THIS_____DAY____OF_______, 2017
_____________________________________
Berenice Davidson, Chair
Community Development Department –
Planning Division
Meeting Date: October 24, 2017
Agenda Item:
Case Numbers:
ED17-004 and UP16-023
Project Planner:
Alan Montes – (415)485-3397
REPORT TO PLANNING COMMISSION
SUBJECT: 39 Larkspur Street – Request for a Use Permit and Environmental Design Review to
legalize an existing 24-Hour Towing Company, addition of a sliding gate, and a parking
modification to convert the required loading zone to additional parking; APN: 018-012-
09; CCI/O Zone; Ken, Applicant; Universal Portfolio LTD, Owner; Case Numbers: ED17-
004 and UP16-023
EXECUTIVE SUMMARY
The application is for a Use Permit to legalize an existing Towing Business, Corte Madera Towing, a
parking modification to convert the required loading zone, and a Design Review for the sliding gate and
restriping of the parking lot. Through the review process and as conditioned, staff recommends that that
the required findings to approve the applications can be met.
RECOMMENDATION
It is recommended that the Planning Commission adopt a resolution conditionally approving the Use
Permit and Environmental and Design Review for the towing business, conversion of the loading zone to
additional parking, and the sliding gate.
PROPERTY FACTS
Address/Location: 39 Larkspur Street Parcel Number(s): 008-082-47
Property Size: 28,055sq. ft. Neighborhood: Canal
Site Characteristics
General Plan Designation Zoning Designation Existing Land-Use
Project Site: LI/O (Light Industrial/Office) CCI/O (Core Canal
Industrial/Office)
Industrial Building -
Towing business/
Warehouse uses.
North HDR HDR (High Density
Residential)
High Density Residential
Apartment Building
South LI/O CCI/O Industrial manufacturing
and warehousing
East LI/O CCI/O Office Building
West LI/O CCI/O Auto body Repair
REPORT TO PLANNING COMMISSION - Case No: ED17-004 and UP16-023 Page 2
Site Description/Setting:
The subject site is 28,055-square foot lot, located approximately 100’ west from the intersection of
Kerner Blvd. and Larkspur St. The site is currently developed with a 16,566-sq. ft. warehouse building.
The structure is currently occupied by three business, Lilitab LLC (warehousing for tablet kiosks), 360
Fitness Superstore (warehousing for fitness equipment), and Corte Madera Tow (Vehicle Towing). The
site has an access easement allowing access to 27 Larkspur’s rear parking lot. Across the street from 39
Larkspur is a high-density apartment complex.
BACKGROUND
The proposed use, Corte Madera Tow, relocated from outside the City of San Rafael to 39 Larkspur St.
in the first half of 2014 and was sent notice that a Planning Commission Use Permit is required for a
towing business in June 2014. The notice was left unanswered. In early 2016, it was brought to the
Planning Division’s attention that the business was still in operation and a revised letter was sent to the
business stating that the use needs to be abated or a Use Permit needs to be applied for. In April 2016,
the applicant submitted for a use permit, with a filled-out application, a check, but no plans.
Staff immediately deemed the application incomplete and the applicant resubmitted with plans on May
11, 2016. During project review the proposal went through five completeness reviews, before being
deemed complete. During the reviews staff identified the addition of a sliding chain-link gate that was
installed without review or permits, between June 2013 and May 2014 and that the parking lot on the site
had also been modified from what was originally approved. The loading zone had been converted into
additional parking spaces, between the months of March 2016 and August 2016. In February 2017, the
property management company submitted for the Environmental and Design Review, in conjunction to
Corte Madera Tow’s Use Permit application, for the electric sliding gate and a parking modification to
convert the loading zone into additional parking.
PROJECT DESCRIPTION
The project proposes the following:
A 24-hour emergency towing, roadside assistance business with inside vehicle storage.
No vehicles are to be stored outside.
The site is open to the public from 8am to 5pm Monday to Friday.
The business has six (6) tow trucks, that are serviced on-site, and a maximum of eight (8)
employees working at a given time.
Ancillary repair of fleet tow vehicles.
The outside parking is limited to employees and customers only, no outdoor storage. The use
originally proposed parking on the driveway along the western end of the property. However, the
Department of Public Works prohibited parking in that location due to safety concerns, backing
out onto Larkspur Street.
Conversion of the loading zone, located in the rear of the property, to eight (8) additional parking
spaces.
A new sliding chain-link gate along the front (setback 17’6” from the curb cut). The gate is
required to remain open during business hours, by the Department of Public Works.
ANALYSIS
San Rafael General Plan 2020 Consistency:
Staff has evaluated the project and found it to be generally consistent with General Plan 2020.
Applicable sections of the General Plan 2020 are discussed below:
REPORT TO PLANNING COMMISSION - Case No: ED17-004 and UP16-023 Page 3
Policy LU-23 (Land Use Map): The project site has a Land Use Designation of Light
Industrial/Office. This designation allows motor vehicle service, contractor uses and yards,
distribution, warehousing/storage, office uses and region serving retail. The proposed use would
be consistent with the land use designation as the use would fall between motor vehicle service
and warehousing/storage, which are both consistent with the intent of the LI/O designation.
Policy NH-8b (Additional On-Site Parking): This policy encourages creating additional on-site
parking in neighborhoods with excessive on street parking. By removing the dedicated loading
zone the site can increase the on-site parking by eight (8) parking spaces. The Canal
neighborhood is experiencing excessive on street parking and additional off street parking should
be encouraged.
Policy NH-49 (Conflicting Uses) and NH-10 (Nuisance Noise): This policy requires new
business locating adjacent to residential areas to minimize nuisance noise impacts. Given the
24/7 operation of the proposed use and the proximity to high density residential staff is concerned
regarding the noise impacts. However, as conditioned the noise impacts in the evening hours
should minimize any potential nuisance noise.
CD-10a (Visual Compatibility): This policy requires that new structures are visually compatible
with the neighborhood. The sliding chain link gate is common throughout Larkspur Street. The
following properties have similarly designed fences: 49 Larkspur, 63 Larkspur, 80 Belvedere
(rear), 100 Larkspur. However, there are also a few examples of high-quality iron fences, such as:
55 Larkspur and 91 Larkspur. Staff finds that the current proposed fence is acceptable, but a
higher quality fence could be desired for the site.
Policy CD-15 (Participation in Project Review): The project has been noticed to the public,
consistent with all requirements, and all public correspondence has been noted and provided to
the Commission in the Neighborhood Correspondence section of the report.
Policy CD-21 (Parking Lot Landscaping): The proposal will not modify the existing parking lot
landscaping. See Zoning Ordinance Consistency 14.18.160, below, for more details
Zoning Ordinance Consistency:
Staff has evaluated the project and found it to be generally consistent with General Plan 2020.
Applicable sections of the General Plan 2020 are discussed below:
14.06.010 (Specific purposes - Core Canal Industrial/Office District): The proposed use is
consistent with the intent of CCI/O zoning district as the zoning district is intended for light
industrial, automotive service and small-scale office uses.
14.06.020 (Land Use Regulation): Towing Businesses are conditionally permitted in the CCI/O
zoning district, subject to Planning Commission approval of a Use Permit.
14.16.140 (Fences and Walls): The project proposes a new sliding gate located at the entrance
of the parking lot. The code requires all nonresidential fencing to acquire an administrative design
review to ensure conformance to the design and development standards for the district. However,
in this district there are no defined standards for fencing. Upon reviewing the neighborhood, it
appears that the majority of the industrial fencing consists of chain link fencing with a few
exceptions that have used wrought iron.
14.18.040 (Parking Requirements): The proposed use requires a parking ratio of one (1)
parking space for every 500-sq. ft. of gross building sq. ft. (1:500). However, the change in use
REPORT TO PLANNING COMMISSION - Case No: ED17-004 and UP16-023 Page 4
does not constitute an increase in parking as the prior use, warehousing, has the same parking
requirement 1:500 as an industrial use such as a Towing Business (1:500).
The applicant is also requesting a parking modification to replace the required loading zone with
eight (8) new parking spaces. This request is discussed further in 14.18.050, below.
14.18.050 (Off-street loading and unloading): A facility of this size is required to have one (1)
12’x65’ loading zone. The facility was constructed with the required loading zone, located in the
rear of the parking lot. However, between 2013 and 2014 the required loading zone had been
converted into additional parking, without permits. The Department of Public Works and the
Planning Division have no objections to the conversion of the loading zone, as the loading zone
has had a history of not being used for loading purposes. Dating back to 1997, the City has
record of the loading zone being used as outdoor storage and parking.
14.18.100 (Parking space dimensions): The proposed parking spaces comply with the required
parking space dimensions for 9’x19’ and 8’x16’ for compact spaces.
14.18.110 (Compact spaces—Allowable percentage): The proposal complies with the
allowable percentage of compact spaces, which allows a maximum of 30% of the required
spaces to be compact. The proposal identifies five (5) compact spaces, whereas a maximum of 6
would be allowed. The compact will be conditioned to be labeled compact.
14.18.130 (Parking facility dimensions and design): The proposed parking spaces meet the
City requirements of providing 9’x19’ for standards parking spaces and 8’x16’ for compact spaces
and the new spaces meet the 26’ backup space requirement.
14.18.160 – (Parking lot screening and landscaping): When an existing parking lot is
substantially renovated, meaning that paving material and curbing is removed and the resulting
lot is reconfigured, the parking lot is required to come into compliance with the parking lot
screening and landscaping ordinance. Given the extent of work proposed for the lot staff would
not considered the modifications significant, as the proposal does not propose to remove paving
material or curbing.
14.25.050 – (Review Criteria): The design review criteria for fences states that fences shall be
used to screen parking and loading areas, refuse collection areas and mechanical equipment
from view. However, there is no suggestion of materials or colors for fencing. The existing fences
fronting Larkspur Street are primarily composed of chain-link fences and there’s a few properties
with iron fences. Given the predominant use of chain-link fencing in the neighborhood staff finds
the proposed fence appropriate. However, staff finds that it would be suitable to require a higher
quality fence, such as iron as it is found in the neighborhood, if desired by the Commission.
DESIGN REVIEW BOARD RECOMMENDATION
The project was not referred to the Design Review Board, as staff determined that the proposed
modifications (sliding gate and restriping) are minimal and do not propose new construction or
improvements to the physical building.
ENVIRONMENTAL DETERMINATION
The proposed project is exempt from the requirements of the California Environmental Quality Act
(CEQA), pursuant to Sections 15301(c) and 15301(l)(4) of the CEQA Guidelines which exempts existing
facilities and new accessory structures, such as fences.
REPORT TO PLANNING COMMISSION - Case No: ED17-004 and UP16-023 Page 5
NEIGHBORHOOD MEETING / CORRESPONDENCE
Notice of hearing for the project was conducted in accordance with noticing requirements contained in
Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and
occupants within a 300-foot radius of the subject site, the appropriate neighborhood groups (Marin Villa-
Canal Housing Alliance and Canal Area Property & Business Owners Association), and all other
interested parties, 15 calendar days prior to the date of this hearing.
At the time staff’s report was printed and distributed, the Planning Division received no public comments
because of noticing.
OPTIONS
The Planning Commission has the following options:
1. Approve the applicants project as presented (staff recommendation)
2. Approve the application with certain modifications, changes or additional conditions of approval.
3. Continue the applications to allow the applicant to address any of the Commission’s comments or
concerns
4. Continue the applications and refer to the Design Review Board for recommendations on the
sliding gate and parking lot modification
5. Deny the project and direct staff to return with a revised Resolution for denial
EXHIBITS
1. Vicinity Map
2. Draft Resolution
3. Letters from applicant
4. Plans
RESOLUTION NO. 17-
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING A
USE PERMIT (UP16-023) AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT
(ED17-004) FOR LEGALIZATION OF A 24 HOUR TOWING BUSINESS, NEW
SLIDING GATE AND PARKING MODIFICATION TO REPLACE LOADING ZONE
WITH EIGHT NEW PARKING SPACES LOCATED AT
39 LARKSPUR ST APN: 008-082-47
WHEREAS, on June 19, 2014, the Planning Division mailed a letter to Ken Walker, of
Corte Madera Tow, that the proposed towing business requires the application for and approval
of a Use Permit by the Planning Commission.
WHEREAS, on April 27, 2016, the business owner, Ken Walker, submitted for a Use
Permit application to legalize the existing towing business, Corte Madera Tow, at 39 Larkspur St
in the Core Canal Industrial Office District; and
WHEREAS, on February 2, 2017, the Property Owner, Universal Portfolio LTD
submitted an Environmental and Design Review for the sliding gate; and
WHEREAS, on July 27, 2107, the Planning Division deemed the application complete
for processing; and
WHEREAS, upon reviewing the application, the project has been determined to be
exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to
Section 15301(C) and 15301(1)(4) of the CEQA Guidelines which exempts existing facilities
and new accessory structures, such as fences; and
WHEREAS, on October 24, 2017, the San Rafael Planning Commission held a duly
noticed public hearing on the proposed Use Permit (UP16-0236) and Environmental and Design
Review Permit (ED17-004), accepting all oral and written public testimony and the written
report of the Community Development Department staff.
NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the
following findings relating to the Use Permit (UP16-023) and Environmental and Design Review
Permit (ED17-004):
Findings
Use Permit (UP16-023)
1. The proposed project would be in accord with the following applicable General Plan 2020
Policies:
Land Use Policies LU-9 (Intensity of Nonresidential Development), LU-12 (Building
Heights), LU-16 (Building and Automotive Services) and LU-23 (Land Use Map and
Categories) in that the proposed towing business: a) would utilize an existing building and no
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additional development proposed; b) would be located in an area zoned for automotive and
service industries and finding them important to San Rafael’s economy and the convenience
of its residents; and c) would be consistent with the type of land uses allowed by the Light
Industrial Land Use designation.
Neighborhood Policies NH-8b (Additional On-Site Parking), NH-49 (Conflicting uses) and
NH-79 (Building and Automotive Services) given that the towing business: a) is proposing to
convert an existing loading zone to increase the additional onsite parking by eight additional
parking spaces, though a parking modification; b) is conditioned to mitigate potential
nuisance noise; and c) would also provide a site for a needed automotive service use.
Safety Policy S-12 (Hazardous Materials Storage, Use and Disposal) since the towing use
will have ancillary repair of fleet vehicles they are required to operate consistent with the
appropriate regulations for hazardous materials and disposal.
Noise Policy N-10 (Nuisance Noise) as conditioned will mitigate potential nuisance noises
coming from the site.
Air and Water Quality Policy AW-7 (Local, State and Federal Standards) given that the
proposed towing use would be required to comply with all local, state and Federal standards
for water quality in how damaged vehicles are stored.
2. The proposed project would meet the objectives and provisions of the Zoning Ordinance, the
purposes of Chapters 6 Industrial Districts – Core Canal Industrial (CCI/O) District, 18
Parking, and 22 Use Permits and applicable site, architecture, and landscape design criteria
and guidelines in that a towing business: 1) is allowed in the CCI/O District with the
approval of a Use Permit; 2) would increase the amount of on-site parking for the specific
use; 3) has been reviewed in accordance with Chapter 22 Use Permits of the Zoning
Ordinance; and 4) has been conditioned to mitigate potential impacts to the subject site and
the surrounding area.
3. The proposed use, together with the conditions applicable thereto, would 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 the site is designated for light
industrial uses and the proposed towing business would not result in undue health hazards or
significant environmental impacts. In addition, the project has been reviewed by all
appropriate agencies and conditioned accordingly to avoid any such effects.
Findings
Environmental and Design Review Permit (ED17-004)
A. The project qualifies as a Class 1 Categorical Exemption from the provisions of the
California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section
15301(c) and 15301(l)(4), which exempts existing facilities and new accessory structures,
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such as fences. The project is not pre-empted by any of the Exceptions listed in the CEQA
Guidelines
B. The project design is in accord with the General Plan, the objectives of the Zoning
Ordinance, and the purposes of Zoning Ordinance Chapter 25 (Design Review) given that
the project complies with General Plan Policy CD-10a (Visual Compatibility) and the design
criteria in Chapter 25 which requires fencing materials to be similar throughout the
neighborhood. The chain-link style of sliding gate can be found throughout Larkspur Street
(49 Larkspur, 63 Larkspur, 80 Belvedere, 100 Larkspur (across from 125 Larkspur), and the
condo complex at the intersection of Canal St and Larkspur Street).
C. The project design is consistent with all applicable site, architecture and landscaping design
criteria and guidelines for the district in which the site is located given that the parking lot
restriping meets the parking dimension standards and the proposed gate materials are found
within the Canal Neighborhood.
D. As conditioned, the project design minimizes adverse environmental impacts by requirng the
gate to be open during business hours and for the employees and fleet vehicles operating
outside the regular business hours to utilize remotes to control the gate to minimize queuing
in the Right-of-Way. The addititional onsite parking will also increase the amount of
available street parking, by allowing employees and customers to be able to park on-site as
opposed to utilizing street parking.
E. 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 the project has
been reviewed by the appropriate agencies and conditioned accordingly.
BE IT FURTHER RESOLVED, that the Planning Commission of the City of San
Rafael approves the Use Permit (UP16-023) and Environmental and Design Review Permit
(ED17-004), subject to the following conditions:
Conditions of Approval
Use Permit (UP16-023)
Fire Prevention Bureau
1. The design and construction of all site alterations shall comply with the 2016 California
Fire Code and City of San Rafael Ordinances and Amendments.
2. A building permit is required for the proposed work. Applications shall be accompanied
by three (3) complete sets of construction drawings to include: (larger projects require 4
sets of construction drawings)
a. Fire sprinkler plans (Deferred Submittal to the Fire Prevention Bureau) Permit
F1409-012.
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Community Development Department, Building Division
3. The occupancy classification (in mixed occupancies-each portion of the building shall be
individually classified), construction type and square footage of each building shall be
specified on the plans.
a. Depending on use, a rated separation may be required.
4. Indicate on the building permit plans whether the building has fire sprinklers or not.
5. This will be considered an enclosed parking garage. In the parking garage, mechanical
ventilation will be required capable of exhausting a minimum of .75 cubic feet per minute
per square foot of gross floor area CMC Table 4-4.
6. In the parking structure, in areas where motor vehicles are stored, floor surfaces shall be
of noncombustible, nonabsorbent materials. Floors shall drain to an approved oil
separator or trap discharging to sewers in accordance with the Plumbing Code and
SWIPP.
7. Since some repair work will be done, note that all repair garages require oil and
flammable liquid interceptor per CPC Section 1017 and CFC Section 2211.2.3 for
drainage and disposal of liquids and oil-soaked waste. For minor change in use, the
requirement for a separator might be waived where the applicant institutes (a) an EPA
“Preferred Floor Cleanup Method” and (b) berms are placed at doors.
8. Repair garages shall be mechanically ventilated. The ventilation system shall be
controlled at the entrance to the garage CBC 406.6.3.
9. A building permit is required for all unpermitted improvements and change of occupancy
10. A Building Permit shall be applied for within 60 days of Use Permit approval and a
building permit shall be obtained within 180 days.
Community Development Department, Planning Division
11. All proposed/unpermitted signage shall require a sign permit or be removed.
12. The public hours of operation for the business shall be 8am to 5pm.
13. No vehicles towed by this operation shall be stored on the public right of-way or
outdoors.
14. All vehicles, including fleet vehicles, shall be stored within the building.
15. No loading or staging of vehicles shall take place in the right-of-way.
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16. No outdoor loudspeakers, amplified devices or backup bells/sirens on the tow truck
vehicles shall be operated between the hours of 7:00 p.m. and 7:00 a.m., seven days a
week. Backup bells/sirens on tow truck vehicles that are required by State of Federal law
are allowed and not subject to this restriction.
17. The front roll-up door shall remain closed between the hours of 7:00 p.m. and 7:00 a.m.
to minimize noise to the adjacent residents.
18. The site shall be kept free and clear of litter and trash at all times. Adequate measures
shall be taken for the collection, storage, and removal of garbage, litter or debris from the
site to the satisfaction of the Planning Division.
19. The driveway accessing the roll-up door fronting Larkspur St. shall not be used as
parking.
20. Signage shall be provided to designate a customer parking area and that the customer
parking space shall not be occupied by staff or vehicle storage.
21. There shall be no outside storage of any kind, including company vehicles, permitted on
the site without applying for an Environmental and Design Review and Use Permit
amendment.
22. Waste oils and other materials shall be disposed of properly and not discharged into the
storm drain or sewer system.
23. Ancillary repair of fleet vehicles utilized by the permitted towing company is permitted
on site.
24. This Use Permit approval (UP16-023) shall be valid for one (1) year from approval or
until October 24, 2018, and shall be null and void if a business license is not issued or a
time extension granted prior to the expiration date.
25. Should the use cease operation for more than twelve (12) months this Use Permit (UP16-
023) shall become null and void.
Department of Public Works
26. The gate shall remain open (not just “unlocked”) during business hours, for customers to
access the customer parking areas.
27. The gate shall be remotely controlled. All employees and all work vehicles that operate
outside the standard business hours shall have access to remote gate openers to access the
gate, in order to minimize queuing and backing up the Right-of-Way.
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Conditions of Approval
Environmental and Design Review Permit (ED17-004)
Department of Public Works
1. The gate shall remain open (not just “unlocked”) during business hours, for customers to
access the customer parking areas.
2. The gate shall be remotely controlled. All employees and all work vehicles that operate
outside the standard business hours shall have access to remote gate openers to access the
gate, in order to minimize queuing and backing up the Right-of-Way.
Community Development Department, Planning Division
3. All landscaping shall be maintained in good condition and any dead or dying plants,
bushes, or trees shall be replaced with new healthy stock of a size compatible with the
remainder of the growth at the time of replacement.
4. Any modification to the fence/gate or parking lot shall require permission from the San
Rafael Planning Division, prior to modification.
5. Compact spaces shall be labeled in parking facilities as compact.
6. The gate shall be maintained in good condition and shall be replaced or repaired if
damaged.
The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission
meeting held on the 24th day of October, 2017.
Moved by Commissioner _____________ and seconded by Commissioner ________________.
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
- 7 -
ATTEST: BY:
Paul A Jensen, Secretary Berenice Davidson, Chair
Community Development Department – Planning Division
Meeting Date: October 24, 2017
Agenda Item:
Case Numbers: AP17-005/UP17-022/OL17-004
Project Planner: Ali Giudice (415) 485-3092
REPORT TO PLANNING COMMISSION
SUBJECT: 1848 Fourth Street (Pond Farm Brewery) – Appeal of the Zoning Administrator’s
September 13, 2017 action, conditionally approving a Use Permit to allow a Brew Pub
with Live Entertainment and Outdoor Dining within an existing developed site; APN:
010-291-35; WEV (West End Village) Zoning District; Noah Gift, Appellant; Stephanie
and Trevor Martens applicant/1801 Eastshore LLC, Owner; Case Number(s): AP17-
005/UP17-022/OL17-004.
EXECUTIVE SUMMARY
The project site is located at 1848 Fourth Street where Fourth Street and Second Street begin to merge
and within the West End Village neighborhood. The existing development is a 6,300 sq. ft. building with
a 1,880 sq. ft. mezzanine and outdoor patio area. The building was previously occupied by the Wooden
Duck but is currently vacant. On July 20, 2017, a Use Permit application was filed by the applicants,
Stephanie and Trevor Martens, requesting approval to allow a brew pub (Pond Farm) with outdoor dining
and live entertainment.
On September 13, 2017, the Zoning Administrator held public hearing to consider the Use Permit
request. There were approximately 33 people in attendance, some in support of the project and some
opposed to the project. In addition, the City received numerous comment letters (both emailed and US
mail) in support of and in opposition to the project.
Those commenting in support of the project identified the following reasons for their support:
Interested in seeing a family friendly brew pub;
Interest in having a brew pub within walking distance of nearby residents;
Interest in supporting a local business;
A feeling that this business would enhance existing businesses nearby
Those commenting in opposition to the project, expressed the following concerns:
Parking - comments expressed include concerns that: the proposed use was not obligated to
provide on-site parking; that the use would result in customer parking along the side
residential streets or within the parking lots of existing businesses;
Loading- comments expressed include a concerns that there is no loading area identified or
required.
Noise- comments expressed include concerns that: noise would result from live
entertainment; noise would result from patrons of the business and the outdoor dining area;
noise would result from the mechanical equipment.
Odor –comments expressed included a general concern about offensive odors from the
brewery operation.
Hours of operation
The Zoning Administrator summarized the comments and provided a summary of project elements and
requirements to be incorporated into the project as conditions of approval to address concerns identified.
REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 2
On September 13, 2017, the Zoning Administrator approved the requested Use Permit to allow a brew
pub with outdoor dining and live entertainment, subject to conditions of approval.
On September 18, 2017, an Appeal to the Zoning Administrator’s September 13, 2017 action was filed
by Noah Gift, an adjacent resident/property owner. The basis for the appeal and a staff response, which
demonstrates that the appeal has no merit, are provided in the Analysis section below.
RECOMMENDATION
It is recommended that the Planning Commission adopt the attached Resolution (Exhibit 2) denying the
appeal and upholding the Zoning Administrator’s September 13, 2017, action to conditionally approve a
Use Permit to allow a brew pub with outdoor dining and live entertainment.
PROPERTY FACTS
Address/Location: 1848 Fourth Street Parcel Number(s):010-291-35
Property Size: 11,000 sq. ft. Neighborhood:West End Village
Tenant Space size 6,300 sq. ft.
Site Characteristics
General Plan Designation Zoning Designation Existing Land-Use
Project Site: West End Village (WEV) WEV Vacant commercial
building
North: Medium Density Residential (MDR) Duplex Residential (DR) Vacant, Duplex, and
Single family
South: WEV WEV Gas Station/Convenience
Store
East: WEV WEV Hardware/Nursery Store
West: WEV WEV Office building
Site Description/Setting:
The project site is a developed 11,000 sq. ft. property containing an approximately 6,300 sq. ft. building
with 1,880 sq. ft. of mezzanine space and 1,080 sq. ft. outdoor patio area. The property is located within
the West End Village Neighborhood and within the Downtown West End and Environs parking area. The
property is surrounded by the following uses:
To the south beyond the Fourth Street right-of-way is a gas station with convenience store, with
medium, high density and single family residential along Second St and further to the south.
To the north, directly uphill from the property is a two unit residential building. The property to the
northwest is vacant and the property to the northeast is a single-family residence. The areas
directly to the north is designated for medium density residential
To the east beyond the patio, is a hardware and nursery store.
To the west are two office buildings.
BACKGROUND
On July 20, 2017, the City received an application for a Brew Pub with outdoor dining and live
entertainment. The application packet was routed to city departments as well as the State Department of
Alcoholic Beverage Control and the West End Village Neighborhood Association. The City received
comments from the San Rafael Sanitation District, the Fire Department, and the Department of Public
REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 3
Works. These comments were in the form of recommended conditions that should be incorporated as
part of a building permit submittal.
Zoning Administrator Action:
On September 13, 2017, the City of San Rafael, Zoning Administrator held a duly noticed public hearing
to consider the request for a Use Permit (UP17-22) to allow a Brew Pub with Live Entertainment and
Outdoor Dining (OL17-004). There were approximately 33 people in attendance some in support of the
project and some opposed to the project (see Exhibit 4 for sign in sheet). In addition, the City received
numerous emails and letters both in support and in opposition to the project (see Exhibit 8) before the
hearing. Issues raised in writing and by those in attendance included the following:
Parking and loading - comments expressed include concerns that: the proposed use was not
obligated to provide on-site parking; that the use would result in customer parking along the side
residential streets or within the parking lots of existing businesses; a concern that there is no
loading area identified or required.
Noise - comments expressed include concerns that: noise would result from live entertainment;
noise would result from patrons of the business and the outdoor dining area; noise would result
from the mechanical equipment.
Odor – comments expressed included a general concern about offensive odors from the brewery
operation.
Hours of operation-The hours of operation concerns were also related to the Noise issue
discussed above.
The applicant responded to concerns raised and identified ways that the business would operate to
address these concerns. The Zoning Administrator then addressed the comments and cited those which
are consistent with City zoning regulations and conditions of approval that would be included to address
other potential issues
After taking public testimony, hearing the applicant’s response, and responding to questions, the Zoning
Administrator approved the requested use with conditions of approval added to address those concerns.
Appeal of the Zoning Administrators Action:
On September 18, 2017, a timely appeal was filed by Noah Gift a property owner/resident above the
subject site at 43 El Camino Ave. A copy of the appeal letter is included as Exhibit 5. The points of the
appeal along with a staff response are provided in the Analysis section below.
PROJECT DESCRIPTION
The applicant requests is for Use Permit approval to allow a Brew Pub with outdoor dining and live
entertainment, within an existing commercial building located in the West End Village neighborhood.
Specifics of the project are listed below:
Hours of Operation/Business hours:
Sunday through Thursday 12:00pm to 10:00 pm
Friday and Saturday 12:00pm to 11:00pm
Operation Components
Brewhouse (approximately 1,086 sq. ft.) -this area is used for brewing and keg washing station.
Taproom (approximately 3,440 sq. ft.) –This area contains the bar and customer use areas.
Brick Room (approximately 475 sq. ft.)- This area will be used for dry storage and employee
parking.
REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 4
Back Room (approximately 1,230 sq. ft.) – this area will contain the walk-in refrigerator, general
storage, and kitchen area.
Mezzanine (approximately 1805 sq. ft.) this area will be used for dry storage and office space
Site Patio (approximately 1,080 sq. ft.) this area is proposed for customer seating (750 sq. ft.) and
trash area.
Front Patio (approximately 150 sq. ft.) this area is proposed within the sidewalk will be used for
customer seating.
Number of employees - There will be approximately of 5 employees with 11 Full Time Equivalent.
(NOTE: this is not a limitation of the use)
ANALYSIS
Analysis of Use Permit Request
Consistency San Rafael General Plan 2020:
The Zoning Administrator evaluated the project and found it to be consistent with the following applicable
General Plan 2020 Policies and Programs:
Policy LU-23 (Land Use Map): The project site is located within the West End Village General Plan
Land Use Designation and WEV (West End Village) Zoning District. The Land Use Designation is
intended for retail, including neighborhood serving retail and restaurants and has existed since the
1990s. The proposed uses include a Brew Pub, Live Entertainment, and Outdoor Dining. These
uses are permitted pursuant to Zoning Code Section 14.05.022, with a Conditional Use Permit by
the Zoning Administrator, which implements the WEV General Plan land use designation.
Policy N-4 (Noise from New Nonresidential Development). General Plan Policy N-4 establishes
limits for new potential noise sources. This policy establishes a maximum noise level of 60
dBA(Ldn) or no more than a 3 dBA (Ldn) increase, whichever is more restrictive. This policy is
implemented by section 14.16.260 (Noise standards) of the Zoning Ordinance. In addition, Chapter
8.13 of the San Rafael Municipal Code establishes maximum noise levels for residential properties.
Conditions of project approval require compliance with the maximum noise limits established under
the noise ordinance. A condition of project approval requires the applicant to comply with the City’s
noise limits by limiting levels from exceeding 3 dBA. In addition, conditions of approval were
included to require the applicant to minimize noise as follows:
– The applicant shall submit a noise study within 30 days of initiating the use of the rooftop
chiller. The Noise Study shall provide ambient noise levels and noise levels resulting from
use of the chiller. If the noise levels show that there is an increase of more than 3 dBA, the
noise study shall identify appropriate noise reduction measures. These noise reduction
measures shall be implemented within 60 days initiating the use (COA #3).
– Amplified music that exceeds the noise levels outlined in Section 14.16.260 of the Zoning
Ordinance shall not be allowed (COA #5).
– Live entertainment shall not occur outside (COA #6)
– The applicant shall identify a person or persons designated to manage noise complaints.
Contact information shall be posted as informational signage in front of the building and
provided to nearby residents and building occupants (located within 300 feet). All noise
related tenant complaints shall be directed to the property owner (COA #7).
REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 5
Consistency with Zoning
The Zoning Administrator evaluated the project and found it to be consistent with the following applicable
Zoning ordinance sections.
Section 14.16.260-Noise Standards: The above language from GP Policy N-4, has been adopted as
part of the Zoning Ordinance Section 14.16.260-Noise Standards. This language is also included as
part of the conditions of approval for the project to assure that noise impacts from new rooftop
equipment and live entertainment are adequately addressed. In addition, conditions of approval limit
the use of the outdoor dining area to the hours between 12pm to 9pm Sunday through Thursday and
between 12pm to 10 pm Friday and Saturday. Lastly, the applicant will be required to identify a
person or persons designated to manage noise complaints. Contact information shall be posted as
informational signage in front of the building and provide to nearby residents and building occupants
(within 300 feet).
Section 14.18.061 - Downtown's West End and environs: The project site is located within the
Downtown's West End environments parking area pursuant to the San Rafael Zoning Code Section
14.18.061 - Downtown's West End and environs, which states the following:
Parking for all land uses in Downtown's West End and environs as defined in
Section 14.03.030 and depicted on Diagram B of Section 14.03.030 [following
definition of Downtown's West End and environs] shall be provided consistent
with the following:
A. No additional off-street parking is required for changes in land use and/or the
re-tenanting all or a portion of building square footage, as existing on the date of
adoption of this provision (June 2010). Parking for changes in land use and/or
re-tenanting shall be provided by the parking spaces located on the public
streets and on public lots located within this area.
Pursuant to Section 14.03.030, Downtown's West End and environs encompasses an
area generally defined as being located along Fourth Street, between D and Second
Streets, and includes the properties designated as West End Village (WEV) and Fourth
Street Retail Core (4SRC) Zoning District, as shown on the following map:
Based on the above zoning sections and related map that shows the property is located within the
Downtown’s West End and Environs, the applicant is not required to provide additional parking
REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 6
beyond that existing within the public streets and within public parking lots. Nonetheless the
Zoning Administrator required a condition a project approval that obligates the applicant to inform
employees and patrons of the business about alternate modes of transportation including public
transit, biking, walking, and private ride programs and to provide information signage at the interior
of the building.
Section 14.18.240 - Grandfathered parking: Loading facilities are deemed to be grandfathered
pursuant to City of San Rafael Zoning Ordinance Section 14.18.240, which states the following:
No use of land lawfully existing on the effective date of the ordinance codified in this title shall be
considered nonconforming solely because of the lack of off-street parking, loading or bicycle
facilities prescribed in this chapter.
As such, no designated loading and unloading is required. However, as with all public streets within
the City, the project site is subject to ongoing monitoring by the Traffic Coordinating Committee. The
City reserves the right to conduct ongoing monitoring of all city streets and may require measures at
any time as deemed necessary to assure safety, at the discretion of the Public Works Director.
Section 14.17.110 Outdoor Eating Areas: The project is subject to performance standard established
by Section 14.17.110 Outdoor Eating Areas Proposed in Conjunction with Food Service
Establishments. Applicable performance standards have been added as conditions of approval.
Summary of Appeal AP17-005 and Staff Responses
A copy of the September 18, 2017 appeal letter filed by Noah Gift, is included as Exhibit 5. The points of
the appeal are summarized below in (Bold/italics), and are followed by a staff response.
Appeal Point 1 –The Zoning Administrator Evaluation of Issues
The appellant notes that the Zoning Administrator did not adequately address the issues raised.
Response: Staff disagrees with this appeal point. The Zoning Administrator identified that the issues
raised at the meeting were similar to those presented in written comments to the City prior to the
meeting. These issues include concerns about parking, loading facilities, noise, odor, and hours of
operation. The Zoning Administrator addressed these issues in the following way:
PARKING - Comments related to parking expressed prior to and at the meeting included
concerns that: the proposed use was not obligated to provide on-site parking; that the use would
result in customer parking along the side residential streets or within the parking lots of existing
businesses;
As discussed in the Analysis of Use Permit section above, the Zoning Administrator evaluated the
project’s consistency with parking requirements and found it to be consistent with Sections
14.18.061-Downtown's West End and environs because the project was within the Downtown’s
West End and Environs boundary as show in Section 14.03.030 (definition of Downtown's West
End and environs). As such the applicant was not obligated to provide additional parking.
Nonetheless, in response to those concerns raised the Zoning Administrator identified the need
for the applicant to be proactive in provided employees and patrons with information on alternate
modes of transportation. To that end, the Zoning Administrator required Condition of Approval
#2, which reads as follows:
As part of the ongoing operation of the Brewery use, the applicant shall inform
employees and customers about the concerns raised regarding parking; Prior to
opening, the applicant shall install informational signs (preferably near the entry) within
the interior of the building encouraging customers and employees to use alternate
REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 7
methods of transportation, including walking, biking, public transit and private ride
programs.
LOADING FACILITIES - comments expressed include concerns that there is no loading area
identified or required.
As discussed in the Analysis of Use Permit section above, the Zoning Administrator noted that
loading facilities are considered grandfathered pursuant to City of San Rafael Zoning Ordinance
Section 14.18.240. As such, designated loading facilities were not required for the project.
However, the applicant was informed that the site would be subject to ongoing monitoring by the
Traffic Coordinating Committee, as is the case with all other streets within the City and that the
city may require measures, as deemed necessary to assure safety, at the discretion of the Public
Works Director.
NOISE- comments expressed include concerns that: noise would result from live entertainment;
noise would result from patrons of the business and the outdoor dining area; noise would result
from the mechanical equipment.
The Zoning Administrator stated the need to add conditions of approval to assure that noise
levels would not exceed those allowed by the Municipal Code. The Zoning Administrator
specifically noted the project would be subject to Zoning Code Section 14.16.260-Noise
Standards, which limits increases in noise levels to no more than 3dBA. In addition, Zoning
Administrator identified the following required noise-related conditions of approval (COA):
The applicant shall submit a noise study within 30 days of initiating the use of the rooftop chiller.
The Noise Study shall provide ambient noise levels and noise levels resulting from use of the
chiller. If the noise levels show that there is an increase of more than 3 dBA, the noise study
shall identify appropriate noise reduction measures. These noise reduction measures shall be
implemented within 60 days initiating the use (COA #3).
Amplified music that exceeds the noise levels outlined in Section 14.16.260 of the Zoning
Ordinance shall not be allowed (COA #5).
Live entertainment shall not occur outside (COA #6)
The applicant shall identify a person or persons designated to manage noise complaints.
Contact information shall be posted as informational signage in front of the building and
provided to nearby residents and building occupants (located within 300 feet). All noise
related tenant complaints shall be directed to the property owner (COA #7).
ODOR –comments expressed included a general concern about offensive odors from the
brewery operation.
The Zoning Administrator noted that the City does not have odor related standards. As such no
odor related conditions of approval were required.
HOURS OF OPERATION- concerns raised at the Zoning Administrator hearing related to hours
of operation were primarily related to noise. The Zoning Administrator initially stated that no
limitations on hours of operation would be required. However, hearing the concerns raised, the
Zoning Administrator decision includes a limitation on the use of the outdoor dining areas as
follows:
The outdoor eating areas shall be limited to the hours of 12pm to 9pm Sunday through Thursday
and 12pm to 10pm Friday and Saturday (COA 8.h.).
REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 8
Appeal Point 2 – Not Enough Time at the Hearing to Discuss Issues
The appellant notes that the there were too many people present at the meeting to allow time for
discussion of the issues.
Response: Staff disagrees with this appeal point. Zoning Administrator hearing allowed time for each
person in attendance to provide public testimony. Despite having approximately 33 people in
attendance, there were no time limits placed on the public testimony portion of the meeting. All those
wishing to speak were afforded the right to speak with no limitation on time. In addition, multiple
comments were received prior to the hearing in the form of letters, emails and phone calls. All those
were considered and are part of the record. As noted above, the Zoning Administrator summarized the
concerns expressed and identified conditions of approval that would become part of the project.
Appeal Point 3 – Location is Unsuitable for Alcohol Related Business
The appellant notes a concern that the location is not suitable due to lack of parking, and difficult
to maneuver given the proximity to the intersection. In addition, later in the letter the appellant
notes that the Zoning Administrator did not include an analysis of the high level of sensitivity for
those living upslope of the site.
Response: Staff disagrees with this appeal point as discussed below.
SUITABILITY OF SITE - the project site is located within the West End Village General Plan Land
Use Designation and WEV (West End Village) Zoning District and has had this designation since
the 1990s. . This designation allows retail uses, including neighborhood serving retail and
restaurants. Section 14.05.022 of the Zoning Code permits Brew Pubs as well as Live
Entertainment, and Outdoor Dining with a Conditional Use Permit by the Zoning Administrator.
The application materials were routed to other City Departments as well as the California
Department of Alcoholic Beverage Control (ABC). The City received comment letters by the Fire
Department, the San Rafael Sanitation District, and the Department of Public Works (See Exhibit
9). Each of these comments letters included a list of standard conditions that would apply to the
project. These were incorporated as Condition of Approval #16-18 of the Zoning Administrator’s
approval. In summary, the applicant will need to:
Pay appropriate sewer connection fees (COA #16);
Demonstrate compliance with the 2016 California Fire Code as amended by the City of San
Rafael (COA #17);
Assure adequate water supply for fire suppression purposes is available (COA #17.d);
Obtain an encroachment permit for any work within the right-of-way (COA #18.a);
Assure that deliveries occur during off-peak hours (COA #18.b.); and
Provide ongoing communication to employees and patrons regarding parking options (COA
#18.c).
No comment letter was provided by ABC. However, the City still reached out to ABC officials on
several occasions prior to the ZA hearing to confirm 1) if ABC had any concerns with the use of
their issuance of a license; and 2) if there were additional requirements ABC would like the City to
impose as part of the Use Permit process. ABC indicated that there were no concerns and the
required ABC alcohol application process would begin after the City has completed the Use
Permit process.
HIGH LEVEL OF SENSITIVITY - The Zoning Code characterizes the West End Village District a
place where a variety of goods and services should be encouraged but notes that limits on late night
activity should be imposed. There is no definition for late night activity; however, Chapter 8.13 of the
municipal code defines "Nighttime" as meaning “the period between nine p.m. (9:00 p.m.) and seven
a.m. (7:00 a.m.) Sunday through Thursday and between ten p.m. (10:00 p.m.) and seven a.m. (7:00
REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 9
a.m.) on Friday and Saturday.” As such the Zoning Administrator placed a limit on the Outdoor Dining
consistent with these limitations as part of Condition of Approval 8.h, which reads: The outdoor eating
areas shall be limited to the hours of 12pm to 9pm Sunday through Thursday and 12pm to 10pm
Friday and Saturday.
By placing a limit to those hours that are considered “night time”, the zoning administrator has by
default captured those hours considered “late night.”
In addition, Conditions of Approval #3 through #7 and Condition of Approval #18.b. impose
limitations on the project by requiring the following:
Submittal of a noise study that demonstrates compliance with the Noise Ordinance and requires
implementation of measures necessary to reduce noise levels.
Allows the live entertainment component of the business only after the food service component
has been initiated (COA #2).
Prohibits amplified music that exceeds the noise levels (COA #5).
Prohibits live entertainment outside (COA #6).
Requires designation of a person to manage noise complaints and requires notification of that
person to those living within 300 feet of the project site (COA #7).
Deliveries shall be limited to off-peak hours (COA #18.b).
Appeal Point - 4 Parking
The appellant notes a concern for lack of available parking and asks for a parking study before
any additional re-tenanting within the West End Village neighborhood. In addition, the appellant
questions methodology used in adoption of Zoning Code Section 14.18.061.
Response: As noted in the project Analysis section above, the project site is located within the
Downtown's West End environments parking area pursuant to the San Rafael Zoning Code Section
14.18.061 - Downtown's West End and environs, which states the following:
Parking for all land uses in Downtown's West End and Environs as defined in Section 14.03.030
and depicted on Diagram B of Section 14.03.030 [following definition of Downtown's West End
and environs] shall be provided consistent with the following:
A. No additional off-street parking is required for changes in land use and/or the re-tenanting
all or a portion of building square footage, as existing on the date of adoption of this
provision (June 2010). Parking for changes in land use and/or re-tenanting shall be
provided by the parking spaces located on the public streets and on public lots located
within this area.
As such, the Zoning Administrator was not able to require additional parking for re-tenanting of the
building located at 1848 Fourth Street. Nonetheless, Condition of Approval # 2 requires the applicant to
inform and encourage employees and customers to use alternate methods of transportation; including
walking, biking, public transit and private ride programs.
With regard to methodology used in adoption of Downtown’s West End and Environs -Zoning Code
Section 14.18.061: The project involves a Use Permit request to allow a Brew Pub with Live
Entertainment and Outdoor Dining, which is exempt from providing any additional off street parking.
Neither the Zoning Administrator nor the Commission, have the authority to change existing sections of
the Zoning Code or revise prescribed methods used to formulate these regulations without initiating a
zone change.
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Appeal Point – 5 Traffic/Pedestrian/Bike Safety
The appellant notes a concern for pedestrian and bike safety due to traffic and loading activities
Response: Staff disagrees for the following reason. The proposed application was routed to other City
Departments including the Department of Public Works (DPW). DPW provided comments in a
memorandum dated August 7, 2017, which requires the following:
Deliveries shall be made during off-peak hours.
Due to the location the applicant shall communicate parking limitation to employees and
customers. Customers shall not use private parking located at nearby sites without permission of
the respective property owners. Bike facilities are recommended.
These comments were added as conditions of approval (COA#18) of the Zoning Administrators action.
In addition, the applicant was informed that the City’s Traffic Coordinating Committee (TCC) conducts
ongoing monitoring of all City Streets. The City reserves the right to conduct ongoing monitoring of all city
streets and may require measures at any time as deemed necessary to assure safety, at the discretion of
the Public Works Director.
Appeal Point – 6 Fire Safety
The appellant notes a concern that the use would have an impact on Fire Safety.
Response: Staff disagrees with this appeal point. The project application was routed to other City
Departments including the San Rafael Fire Department. Fire Department comments were provided in a
memorandum dated August 1, 2017, which obligates the applicant to comply with 2016 California Fire
Code (see COA #17). The applicant will need to demonstrate compliance through inclusion of the
following in the building permit submittal:
Fire Sprinkler Plans
Fire Standpipe Plans
Fire Alarm Plans
Kitchen Hood Automatic Fire-Extinguisher System Plans
In addition, the applicant will be required work with Marin Municipal Water District to assure adequate water
supply for fire suppression is available.
Appeal Point – 7 Noise
The appellant notes a concern about noise generated from different sources on-site and that all
equipment needs to be identified.
Response: This topic was partly discussed under Appeal Point 1 above. In summary, the Zoning
Administrator noted the following required noise-related conditions of approval (COA):
The applicant shall submit a noise study within 30 days of initiating the use of the rooftop chiller.
The Noise Study shall provide ambient noise levels and noise levels resulting from use of the
chiller. If the noise levels show that there is an increase of more than 3 dBA, the noise study
shall identify appropriate noise reduction measures. These noise reduction measures shall be
implemented within 60 days initiating the use (COA #3).
Amplified music that exceeds the noise levels outlined in Section 14.16.260 of the Zoning
Ordinance shall not be allowed (COA #5).
Live entertainment shall not occur outside (COA #6)
REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 11
The applicant shall identify a person or persons designated to manage noise complaints. Contact
information shall be posted as informational signage in front of the building and provided to
nearby residents and building occupants (located within 300 feet). All noise related tenant
complaints shall be directed to the property owner (COA #7).
With respect to identification of specific equipment used: Those types of details are not usually
known at the time of a Use Permit, as complete detailed building permit plans are not yet
prepared. Those details are required as part of the building permit review phase of a project. The
Building Division has review authority over placement of equipment in compliance with building
code. Regardless, the above measures will serve to reduce noise levels as required by the
Zoning Code.
Appeal Point – 8 Light Pollution
The appellant notes a concern about excess light and glare from the proposed use given the
large windows and use of televisions.
Response: There are four homes that are located to the south, beyond Fourth Street and Second Street,
with a possible direct line of site to the project site. The building located on the project site has large
windows that are oriented to the south toward the residential homes. This issue was not raised by any
member of the public prior to or at the Zoning Administrator hearing and therefore, no conditions of
approval were required. However, upon further analysis including review of vicinity maps and site visits,
staff disagrees with this appeal point for the following reasons:
The residential properties are located across two separate roadways, Fourth Street and Second
Street.
A gas station is located between the two streets. This gas station contains two approximately
670 square foot canopies and an approximately 320 square foot convenience store.
Each of the canopies is equipped with soffit lighting and the convenience store contains interior
lighting as well as exterior lighting.
There are a number of existing street lights along both sides of Second Street and on both sides
of Fourth Street.
Appeal Point – 9 Hours of Operation
The appellant notes a concern that the project would not be in compliance with limits on late
night activity as noted in Zoning Code Section 14.05.010.
Response: Staff disagrees with this appeal point. This item was discussed under Appeal Point 3 above.
Zoning Code Section 14.05.010 characterizes the West End Village District as a place where a variety of
goods and services should be encouraged, but notes that limits on late night activity should be imposed.
While late night activity is not defined, the Noise Ordinance (Chapter 8.13) defines "Nighttime" as
meaning “the period between nine p.m. (9:00 p.m.) and seven a.m. (7:00 a.m.) Sunday through Thursday
and between ten p.m. (10:00 p.m.) and seven a.m. (7:00 a.m.) on Friday and Saturday.” As such, the
Zoning Administrator added a condition of approval (COA #8.h) to limit hours of operation for the outdoor
dining areas to no later than 9pm Sunday through Thursday and no later than 10pm Friday and
Saturday, with the intent of capturing “late night” activity by capturing the time that is defined as
“nighttime” by the Noise Ordinance. In addition, the applicant will be required to comply with Zoning
Code Section 14.16.260-Noise Standards as a condition of approval (COA 5). As with all uses within the
City, the applicant is also obligated to comply with the City’s Noise Ordinance Chapter 8.13.
REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 12
Appeal Point – 10 Odor and Ventilation
The appellant notes that the Zoning Administrator did not address odor and ventilation
Response: Staff disagrees with this appeal point. Odor was brought up at the hearing and the Zoning
Administrator stated that the City did not have standards that address odor. In addition, the Zoning
Administrator responded to questions regarding other regulatory agencies that may regulate odor. The
Zoning Administrator noted that based on outreach to the Bay Area Air Quality Management District
(BAAQMD), the project did not meet the thresholds for requiring a permit from BAAQMD. After further
discussion with BAAQMD, some of the brewing equipment and food service equipment may be subject
to review during the Building Permit phase. No additional conditions of approval are proposed at this
time.
Appeal Point – 11 Outdoor Dining
The appellant notes a concern the outdoor dining would exceed 25% of the indoor seating area.
Response: Staff disagrees with this appeal point. Although the applicant proposes approximately 750
square feet of outdoor seating within the on-site patio and another 150 square feet of outdoor seating
within the public sidewalk, Condition of Approval (COA #8b.) restricts outdoor seating to no more than
25% of the indoor seating area. The applicant is required to provide final seating area calculations as
part of the building permit submittal phase.
Appeal Point – 12 Impacts on family
The appellant notes a concern for impacts on families due to noise.
Response: This issue is addressed in Appeal Points #7 and #3 above. Conditions of approval were
added as part of the Zoning Administrator’s decision to address noise. In addition, the applicant is
obligated to comply with the City’s Noise Ordinance (Chapter 8.13).
Appeal Point – 13 Saturation of Bars on Fourth
The appellant notes a concern that there are too many alcohol related businesses in San Rafael.
Response: The Department of Alcoholic Beverage Control regulates alcohol related business and places
limits on licenses in any area that has an undue concentration of retail licenses. Undue concentrations
are based on data maintained by ABC with respect to crime rates and ratios of existing licenses verses
population by census tract. If an undue concentration exists, ABC may still issue a license if the local
agency first grants a Public Convenience or Necessity (PCN) . Staff has reached out to ABC on multiple
occasions and received confirmation that a PCN would not be required for the proposed project. The
applicant will be required to obtain an ABC license directly from ABC and ABC has their permitting and
regulatory process, which is separate from that of the City’s.
Appeal Point – 14 Lack of Support from Community
The appellant notes a the project has no support from the community
Response: Approximately 33 people attended The Zoning Administrator hearing. Some were in support
and some were opposed to the project. The Zoning Administrator allowed public testimony from all in
attendance. The Zoning Administrator’s decision was based on the fact that the required findings to
grant a use permit in support of the project could be made with inclusion of Conditions of Approval which
serve to address concerns noted in written comments received before the hearing and those oral
comments received during the public testimony portion of the meeting.
In addition, the City’s Zoning Ordinance identifies land uses and whether they are permitted, conditionally
permitted or not allowed in certain zoning districts. If a use is permitted, the city has no discretionary
REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 13
authority over a use. In the West End Village, there are numerous uses that are permitted by right, so as
Table 14.05.022 is the land use table for the zones that include West End Village. For example,
restaurants with or without a bar, or live entertainment, are a permitted use. That means, a restaurant
use with a ancilliary bar, could occupy this space in the WEV zoning, without any sort of discretionary
process or public hearing.
Other uses, such as the brew pub, are conditionally permitted uses (at a Zoning Administrator level).
Conditionally permitted uses are uses that are generally acceptable uses for a certain zoning district, but
given the nature of the use, they are required to go through a case-by-case review. Use permits are
required for uses which may be suitable only in specific locations in a zoning district or which require
special consideration in their design, operation or layout to ensure compatibility with surrounding uses.
Public hearings are not about conducting a straw poll or public vote on whether a use should be allowed.
There is a process and required findings prescribed by the zoning ordinance, which must be followed.
Public hearings are intended to be a forum to review a specific use, accept public comment and if there
are appropriate and substantiated concerns, the decision making body can add conditions of approval
and consider whether the findings to grant the permit can be made.
Appeal Point – 15 Discrepancies
The appellant notes that there are a few discrepancies in the report:
Response The reference to Site Patio is correct as the Zoning Administrator intended to differentiate
between the patio within the sidewalk versus the patio located within the project site. Staff agrees with
other items (discrepancies) noted in the appeal and provides the following clarifications:
The applicant proposes a start time of 12:00pm, not 11am as stated in the Zoning Administrator’s
Notice of Decision under project description .
The applicant has noted that there will be 11 Full Time Equivalent employees. However, they
expect approximately 5 employees at one time. The City does not regulate the number of
employees that a business is to maintain and typically provides this in the project description for
informational purposes only.
The Zoning Administrator meeting minutes identifies the Brick Room as an area to be used for
“dry storage and employee parking.” This is incorrect as no employee parking will be provided
on-site.
Conclusion
Based on responses provided above, staff finds that there is no merit to the appeal points presented by
the appellant.
Therefore, it is recommended that the appeal be denied and that the Zoning Administrator’s Conditional
Approval of Use Permit (UP17-022) to allow a Brew Pub with Live Entertainment and Outdoor Dining
(OL17-004) be upheld.
ENVIRONMENTAL DETERMINATION
The project proposes to re-tenant an existing, developed space. This activity is deemed to be
categorically exempt from environmental review per California Environmental Quality Act (CEQA)
Guidelines Section 15301 (Existing Facilities).
REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 14
NEIGHBORHOOD MEETING / CORRESPONDENCE
Notice of the Zoning Administrator and the Planning Commission hearings were completed in
accordance with the noticing requirements contained in Chapter 14.29 (Zoning- Public Notice) of the San
Rafael Municipal Code. A Notice of Public Hearing was mailed to all property owners and occupants
within a 300-foot radius of the subject site and other interested individuals, 15 calendar days prior to the
date of all meetings, including this hearing.
The City has received numerous comment letters both prior to the Zoning Administrator hearing and prior
to distribution of the Planning Commission staff report. Comment letters received to date are included
as Exhibit 8 of this staff report.
OPTIONS
The Planning Commission has the following options:
1. Deny the appeal and uphold the Zoning Administrator’s September 13, 2017, conditional approval
of the Use Permit (staff recommendation);
2. Deny the appeal and uphold the Zoning Administrator’s approval of the Use Permit with additional
modifications, changes or conditions of approval;
3. Grant the appeal and thereby overturn the Zoning Administrator’s September 13, 2017,
conditional approval and direct staff to return with a revised Resolution; or
4. Continue the matter to address comments or provide additional information requested by the
Planning Commission.
EXHIBITS
1. Vicinity/Location Map and Reduced-size Plan Set
2. Draft Resolution
3. Applicants submittal packet, dated July 20, 2017
4. Zoning Administrator Meeting minutes and decision, September 13, 2017
5. Appeal letter from Noah Gift, received September 18, 2017
6. Zoning Administrator public notice and mailing list
7. Planning Commission public notice and mailing list
8. Public Comment Letters received to date
9. Comment letters received by City Departments
10. Applicant response letter, dated October 19, 2017
1
RESOLUTION NO. ___
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION
DENYING AN APPEAL (AP17-005) AND UPHOLDING THE ZONING
ADMINISTRATOR’S SEPTEMBER 13, 2017, CONDITIONAL APPROVAL OF A USE
PERMIT (UP17-022) TO ALLOW A BREW PUB WITH LIVE ENTERTAINMENT AND
OUTDOOR DINING (OL17-004) WITHIN AN EXISTING DEVELOPED SITE AT
1848 FOURTH STREET
(APN 010-291-35)
WHEREAS, the applicants, Stephanie and Trevor Martens, filed an application for a Use
Permit (UP17-022) to allow a Brew Pub with Live Entertainment and Outdoor Dining (OL17-
004) at 1848 Fourth Street; and
WHEREAS, following City staff review of the proposal, the Use Permit application was
scheduled for review and action by the Zoning Administrator. On September 13, 2017, the
Zoning Administrator held a duly noticed public hearing on the Use Permit application. The
Zoning Administrator hearing was attended by approximately 33 people that included the
applicant, and those opposed to and in support of the project. Following public testimony, the
Zoning Administrator: a) closed the public hearing; b) summarized the concerns expressed; and
c) identified conditions of approval that would be appropriate for addressing concerns; and
WHEREAS, on September 13, 2017, the Zoning Administrator issued a Notice of
Action conditionally approving Use Permit (UP17-022) for a Brew Pub with Live Entertainment
and Outdoor Dining (OL17-004). The approval action was based on: a) facts and findings and
supported by the response to comments and questions raised by the public; and b) subject to
conditions of approvals included in the Notice of Action. This notice was sent to the applicant,
the property owner and others expressing an interest in the project; and
WHEREAS, on September 18, 2017, the appellant, Noah Gift, filed a timely appeal of
the Zoning Administrator’s action; and
WHEREAS, on October 24, 2017, the Planning Commission held a duly noticed public
hearing to review and consider the Appeal (AP17-005) to the Zoning Administrator’s approval of
a Use Permit (UP17-022) to allow a Brew Pub with Live Entertainment and Outdoor Dining
(OL17-004), and considered all oral and written public testimony and the written report of the
Community Development Department; and
WHEREAS, the project has deemed to be exempt from environmental review per
California Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities);
and
WHEREAS, the custodian of documents which constitute the record of proceedings
upon which this decision is based, is the Community Development Department. The records of
proceedings include the “Notice of Zoning Administrator Action” with attachments dated
September 13, 2017.
NOW, THEREFORE BE IT RESOLVED, that the Planning Commission hereby
denies the Appeal (AP17-005) and upholds the Zoning Administrator’s September 13, 2017
approval of Use Permit (UP17-022) to allow a Brew Pub with Live Entertainment and Outdoor
2
Dining (OL17-004). The Planning Commission finds and determines that the points of the
appeals cannot be supported for the following reasons:
Findings for Denial of Appeal AP17-005
Appeal Point 1: Evaluation of Issues Raised
That the Zoning Administrator did not adequately address the issues raised.
The Planning Commission has reviewed, considered and agrees with the staff response to this
appeal point presented in the Report to the Planning Commission dated October 24, 2017. The
Planning Commission finds that the Zoning Administrator identified that the issues raised by the
Public, which include issues related to parking, loading facilities, noise, odor, and hours of
operation, and that these concerns were adequately addressed by inclusion of Conditions of
Approval to address parking (COA #2); loading facilities (COA18.b.); Noise (COA #3, #5, #6
and #7); and hours of operation (COA#8.h.). In addition, the Planning Commission finds that
the City does not regulate odor and therefore the Zoning Administrator was correct in not
requiring odor controls.
Appeal Point 2: Not Enough Time for Discussion
That there were too many people present at the meeting to allow time for discussion of the
issues.
The Planning Commission has reviewed, considered and agrees with the staff response to this
appeal point presented in the Report to the Planning Commission dated October 24, 2017. The
Planning Commission finds that the Zoning Administrator allowed time for each person in
attendance to provide public testimony. Despite having approximately 33 people in attendance,
the Zoning Administrator did not place time limits on any individual during the public testimony
portion of the meeting. In addition, the Planning Commission finds that multiple comments
received prior to the hearing in the form of letters, emails and phone calls were summarized by
the Zoning Administrator and addressed and included as conditions of approval that will become
part of the project.
Appeal Point #3:Suitability of Site for Alcohol Related Business
That the location is unsuitable for alcohol related business and the location requires a high
degree of sensitivity
The Planning Commission has reviewed, considered and agrees with the staff response to this
appeal point presented in the Report to the Planning Commission dated October 24, 2017. The
Planning Commission finds that the Zoning Administrator properly identified the General Plan
Land Use Designation (West End Village) and Zoning District (WEV) and that this designation
allows retail uses, including neighborhood serving retail and restaurants. This designation has
existed since the 1990s. Section 14.05.022 of the Zoning Code permits Brew Pubs as well as
Live Entertainment, and Outdoor Dining with a Conditional Use Permit by the Zoning
Administrator. The Planning Commission also finds that the application materials were
appropriately routed to other City Departments as well as the California Department of Alcoholic
Beverage Control (ABC) and that comments received including those related to sewer connection
(COA#16), fire suppression (COA#17), parking (COA#18 and #2) and loading (COA#18) were
incorporated as conditions of approval. The Planning Commission finds that ABC permitting
process is separate from the City’s Use Permit process and will begin after the City’s permitting
process as indicated by ABC representatives. The Planning Commission also finds that the
Zoning Administrator’s inclusion of conditions of approval to minimize noise, including limited
3
hours for the outdoor dining component of the project (COA#8); requiring submittal of noise
study (COA #3) limitations on live entertainment (COA #2, #5, #6) and designation of a contact
person for noise complaints (COA#7) serve to minimize noise related impacts on neighboring
residential properties.
Appeal Point - 4 Parking
That there is a lack of available parking and that methodology used in a doption of Zoning
Code Section 14.18.061 was incorrect.
The Planning Commission has reviewed, considered and agrees with the staff response to this
appeal point presented in the Report to the Planning Commission dated October 24, 2017. The
Planning Commission finds that the Zoning Administrator properly found this property to be
within the boundary of the Downtown's West End and Environs as defined in Section 14.03.030
and depicted on Diagram B of Section 14.03.030 and that no additional off-street parking is
required for changes in land use and/or the re-tenanting of this building. In addition, the Planning
Commission agrees with staff that neither the Zoning Administrator nor the Planning
Commission have the authority to change existing sections of the Zoning Code or revised
prescribed methods used to formulate these regulations without initiating a zone change.
Appeal Point – 5 Traffic/Pedestrian/Bike Safety
That the project would result in impacts on pedestrian and bike safety due to traffic and
loading activities.
The Planning Commission has reviewed, considered and agrees with the staff response to this
appeal point presented in the Report to the Planning Commission dated October 24, 2017. The
Planning Commission finds that the Zoning Administrator allowed for evaluation of traffic,
pedestrian and bike safety by routing the application to the Department of Public Works and that
the DPW addressed potential safety concerns by requiring Conditions of Approval (COA #18)
which requires deliveries during off-peak hours and ongoing communication with employees and
customers regarding parking options.
Appeal Point – 6 Fire Safety
That the use would have an impact on Fire Safety.
The Planning Commission has reviewed, considered and agrees with the staff response to this
appeal point presented in the Report to the Planning Commission dated October 24, 2017. The
Planning Commission finds the project application was routed to the San Rafael Fire Department.
The Fire Department addressed concerns related to fire safety by requiring Conditions of
Approval (COA #17) that require compliance with the 2016 California Fire Code and require
implementation of fire suppression measures.
Appeal Point – 7 Noise
That noise generated from different sources on-site including equipment needs to be identified.
The Planning Commission has reviewed, considered and agrees with the staff response to this
appeal point presented in the Report to the Planning Commission dated October 24, 2017. The
Planning Commission find that the Zoning Administrator identified appropriate noise-related
Conditions of Approval by requiring a noise study (COA #3), placing limits on amplified music
(COA #5) and Live Entertainment (COA#6) and designation of a contact person to manage noise
complaints (COA #7). In addition, the Planning Commission agrees that the details related to
type mechanical units and placement of mechanical units are typically done at the building permit
4
review phase, and that the Building Division has review authority over placement of equipment in
compliance with the building code.
Appeal Point – 8 Light Pollution
That the project would result in excess light and glare from the proposed use given the large
windows and use of televisions.
The Planning Commission has reviewed, considered and agrees with the staff response to this
appeal point presented in the Report to the Planning Commission dated October 24, 2017. The
Planning Commission agrees with the staff report that the proposed project will not re sult in
impacts related to light because the existing residential uses are separated from the property by
two roadways (Fourth Street and Second Street); there is an existing gas station and convenience
store located between the property and the existing residential uses that currently have exterior
lighting; and there are a number of street lights on both sides of Second Street and Fourth Street.
The Planning Commission finds that the proposed use will not result a substantial increase in
lighting directed at these properties.
Appeal Point – 9 Hours of Operation
That the project would not be in compliance with limits on late night activity as noted in
Zoning Code Section 14.05.010.
The Planning Commission has reviewed, considered and agrees with the staff response to this
appeal point presented in the Report to the Planning Commission dated October 24, 2017. The
Planning Commission finds that late night activity is not defined in the Zoning Code. However,
the Zoning Administrator’s decision to impose limits on the outdoor dining areas to no later than
9pm Sunday through Thursday and no later than 10pm Friday and Saturday, with the intent of
capturing “late night” activity by capturing the time that is defined as “nighttime” by the Noise
Ordinance will serve to address limitations on late night activity.
The Noise Ordinance (Chapter 8.13) defines "Nighttime" as meaning “the period between nine
p.m. (9:00 p.m.) and seven a.m. (7:00 a.m.) Sunday through Thursday and between ten p.m.
(10:00 p.m.) and seven a.m. (7:00 a.m.) on Friday and Saturday.”
Appeal Point – 10 Odor and Ventilation
That the Zoning Administrator did not address odor and ventilation.
The Planning Commission has reviewed, considered and agrees with the staff response to this
appeal point presented in the Report to the Planning Commission dated October 24, 2017. The
Planning Commission finds the Zoning Administrator was correct in finding that that the City
does not have standards that address odor and that odor limits are managed by the Bay Area Air
Quality Management District.
Appeal Point – 11 Outdoor Dining
That outdoor dining may exceed 25% of the indoor seating area given the amount of patio
space available.
The Planning Commission has reviewed, considered and agrees with the staff response to this
appeal point presented in the Report to the Planning Commission dated October 24, 2017. The
Planning Commission finds that although the applicant proposes approximately 750 square feet of
outdoor seating within the on-site patio and another 150 square feet of outdoor seating within the
public sidewalk, Condition of Approval (COA #8b.) restricts outdoor seating to no more than
5
25% of the indoor seating area. The applicant is required to provide final seating area
calculations as part of the building permit submittal phase.
Appeal Point – 12 Impacts on family
That the project would result in impacts on families due to noise.
The Planning Commission has reviewed, considered and agrees with the staff response to this
appeal point presented in the Report to the Planning Commission dated October 24, 2017. The
Planning Commission finds conditions of approval were added as part of the Zoning
Administrator’s decision to address noise. In addition, the Planning Commission finds that the
applicant is obligated to comply with the City’s Noise Ordinance (Chapter 8.13).
Appeal Point – 13 Saturation of Bars on Fourth
That there are too many alcohol related business in San Rafael.
The Planning Commission has reviewed, considered and agrees with the staff response to this
appeal point presented in the Report to the Planning Commission dated October 24, 2017. The
Planning Commission finds that the Department of Alcoholic Beverage Control regulates alcohol
related business and places limits on licenses in any area that has an undue concentration of retail
licenses. As described in the staff report to the Planning Commission, undue concentrations are
based on data maintained by ABC with respect to crime rates and ratios of existing licenses
verses population by census tract and that ABC may still issue a license in areas of “undue
concentration” if a Public Convenience or Necessity (PCN) determination can be made. The
Planning Commission finds that the City reached out to ABC on several occasions and received
confirmation that a PCN would not be required for the proposed project. The Planning
Commission also finds that ABC has a permitting and regulatory process that is separate from
that of the City’s and they have the authority to grant an alcohol license for a Brew Pub.
Appeal Point – 14 Lack of Support from Community
The appellant notes a the project has no support from the community.
The Planning Commission has reviewed, considered and agrees with the staff response to t his
appeal point presented in the Report to the Planning Commission dated October 24, 2017. The
Planning Commission finds that there were approximately 33 people in attendance at the Zoning
Administrator hearing; some of those in attendance were in support and some were opposed to
the project. The Zoning Administrator allowed public testimony from all in attendance. Based
on the minutes of the meeting and the Report to the Planning Commission dated October 24,
2017, the Planning Commission finds that the Zoning Administrator’s decision was based on the
fact that the required findings to grand a use permit in support of the project could be made with
inclusion of Conditions of Approval which serve to address concerns noted in written comments
received before the hearing and those comments received during the public testimony portion of
the meeting.
Appeal Point – 16 Discrepancies
That there are a few discrepancies in the report:
The Planning Commission has reviewed, considered and agrees with the staff response to this
appeal point presented in the Report to the Planning Commission dated October 24, 2017. The
Planning Commission finds that clarifications have been properly addressed in the staff report.
6
BE IT FURTHER RESOLVED that the Planning Commission upholds and reaffirms
the Zoning Administrator’s September 13, 2017, conditional approval of Use Permit UP17-022 to
allow a Brew Pub with Live Entertainment and Outdoor Dining (OL17-004) based on the
following findings and subject to the following conditions:
Findings for UP17-022/OL17-004
A. That the proposed use is in accord with the general plan, the objectives of the zoning
ordinance, and the purposes of the district in which the site is located;
The project is located within the West En d Village General Plan Land Use Designation
and WEV (West End Village) Zoning District. The Land Use Designation is intended
for retail including neighborhood serving retail and restaurants. The proposed uses
include a Brew Pub, Live Entertainment, and Outdoor Dining. These uses are permitted
pursuant to Section 14.05.022 with a Conditional Use Permit by the Zoning
Administrator.
General Plan Consistency:
Noise-The project is consistent with General Plan policy N-4. Noise from New
Nonresidential Development, which establishes noise standards for new nonresidential
uses adjacent to residential uses. This policy requires that nonresidential development
minimize noise impacts by limiting increases in noise levels in a residential district by
no more than Ldn 3 dB, or a maximum of Ldn 60 dB at the property line of the noise
receiving use, whichever is the more restrictive standard.
Zoning Consistency:
Noise- General Plan Policy N-4, has been adopted as part of the Zoning Ordinance
Section 14.16.260-Noise Standards. This language i s also included as part of the
Conditions of Approval for the project to assure that noise impacts from new rooftop
equipment and Live Entertainment are adequately addressed. In addition, Conditions of
Approval limit the use of the Outdoor Dining area to the hours between 12pm to 9pm
Sunday through Thursday and between 12pm to 10 pm Friday and Saturday. Lastly, the
applicant will be required to identify a person or persons designated to manage noise
complaints. Contact information shall be posted as informational signage in front of the
building and provide to nearby residents and building occupants (within 300 feet).
Parking- The project site is located within the Downtown's West End environments
parking area pursuant to the San R afael Zoning Code Section 14.18.061 - Downtown's
West End and environs, which states the following:
Parking for all land uses in Downtown's West End and environs as defined in Section
14.03.030 and depicted on Diagram B of Section 14.03.030 [following def inition of
Downtown's West End and environs] shall be provided consistent with the following:
A. No additional off-street parking is required for changes in land use and/or
the re-tenanting all or a portion of building square footage, as existing on the
date of adoption of this provision (June 2010). Parking for changes in land use
and/or re-tenanting shall be provided by the parking spaces located on the
public streets and on public lots located within this area.
7
“Downtown's West End and environs" enco mpasses an area generally defined as being
located along Fourth Street, between D and Second Streets, and includes the properties
designated as West End Village (WEV) and Fourth Street Retail Core (4SRC) Zoning
District, as shown on the following map:
As such, no additional parking is required. Nonetheless a condition a project approval
requires the applicant to inform employees and patrons of the business about alternate
modes of transportation including public transit, biking, walking, and private ri de
programs and to provide information signage at the interior of the building.
Loading- Loading facilities are deemed to be grandfathered pursuant to City of San
Rafael Zoning Ordinance Section 14.18.240 - Grandfathered parking, which states the
following:
No use of land lawfully existing on the effective date of the ordinance codified in this
title shall be considered nonconforming solely because of the lack of off -street parking,
loading or bicycle facilities prescribed in this chapter.
As such, no designated loading and unloading is required. However, as with all public
streets within the City, the project site is subject to ongoing monitoring by the Traffic
Coordinating Committee. The City reserves the right to conduct ongoing monitoring of
all city streets and may require measures at any time as deemed necessary to assure
safety, at the discretion of the Public Works Director.
Outdoor Dining-the project is subject to performance standard established by Section
14.17.110 Outdoor Eating Areas Propos ed in Conjunction with Food Service
Establishments. Applicable performance standards have been added as conditions of
approval.
Light and Glare- The project could result in excessive light and glare from the
proposed use to residential homes located on S econd Street. Conditions of Approval
(COA #19) will reduce this potential impact on residences by placing limits the
placement of light fixtures and television screens and requiring a 90-day post
operational lighting review.
8
B That 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;
The project is a use that is per mitted with a use permit. Notices were sent to
neighboring property owners and tenants within 300 feet of the project site. As noted in
Section A above, conditions of approval address concerns related to parking, noise, and
hours of operation. The outdoor dining approval is subject to conditions of approval # 8.
With incorporation of these conditions of approval the project is found to be consistent
with this finding.
C. That the proposed use complies with each of the applicable provisions of the Zo ning
Ordinance.
The proposed Brew Pub with Live Entertainment and Outdoor Dining are permitted with
the applicable WEV Zoning District. Appropriate conditions of approval have been
incorporated to assure compliance with provisions of the Zoning Ordinance .
Conditions of Approval for UP16-022/OL17-004
1. This Use Permit approves a Brew Pub with Live Entertainment within an 8,180 square
foot building (including mezzanine) and Outdoor Dining to be located within the side yard
and within the public sidewalk area (subject to limitations established under condition #8
below). The building techniques, materials, elevations, appearance of the project, as
presented for approval on plans approved on September 13, 2017, shall be the same as
required for issuance of a Building Permit except as modified by these conditions of
approval.
2. As part of the ongoing operation of the Brewery use, the applicant shall inform employees
and customers about the concerns raised regarding parking; Prior to opening, the applicant
shall install informational signs (preferably near the entry) within the interior of the
building encouraging customers and employees to use alternate methods of transportation,
including walking, biking, public transit and private ride programs.
3. The applicant shall submit a noise study within 30 days of initiating the use of the rooftop
chiller. The Noise Study shall provide ambient noise levels and noise levels resulting
from use of the chiller. If the noise levels show that there is an increase of more than 3
dBA, the noise study shall identify appropriate noise reduction measures. These noise
reduction measures shall be implemented within 60 days initiating the use.
4. Except as permitted by Section 14.03.030 the applicant shall not initiate the live
entertainment component of the business until the food service component has been
initiated
5. Amplified music that exceeds the noise levels outlined in Section 14.16.260 of the Zoning
Ordinance shall not be allowed.
6. Live entertainment shall not occur outside.
9
7. The applicant shall identify a person or persons designated to manage noise complaints.
Contact information shall be posted as informational signage in front of the building and
provided to nearby residents and building occupants (located within 300 feet). All noise
related tenant complaints shall be directed to the property owner.
8. The outdoor dining area shall comply with the following:
a. The outdoor eating area shall be conducted as an accessory use to the Brewery.
b. The proposed combined area for outdoor eating shall not exceed twenty -five
percent (25%) of the indoor seating area. Prior to building permit issuance and
execution of the License Agreement with the City, the applicant shall floor plans
and site plans accompanied with overall outdoor and indoor eating calculations to
demonstrate compliance with this requirement.
c. If perimeter barriers are proposed around the outdoor eating area, these barriers
shall be temporary/movable fixtures. If a barrier is bolted to a public sidewalk and
is subsequently removed, the sidewalk shall be repaired subject to the review and
approval of the public works director.
d. There shall be no permanent roof, or shelter over the public sidewalk area.
Retractable awnings and umbrellas may be used but shall comply with Uniform
Building Code requirements.
e. All furnishings of the outdoor eating area shall consist only of movable tables,
chairs, umbrellas and movable plant pots or planter boxes.
f. No refuse structure, enclosure or receptacle shall be erected or placed on a public
sidewalk or right-of-way.
g. The sidewalk inside the outdoor eating area, the adjacent areas outside of the eating
area, and all appurtenances related thereto, shall be steam cleaned or pressure
washed on a quarterly basis, and shall be otherwise maintained at all times in good
repair and in a clean and attractive condition as determined by the community
development director.
h. The outdoor eating areas shall be limited to the hours of 12pm to 9pm Sunday
through Thursday and 12pm to 10pm Friday and Saturday.
i. Prior to initiating the outdoor eating area located within the City sidewalk, the
applicant shall enter into a license agreement with the City of San Rafael.
9. These conditions of approval shall be included on first sheet of plans submitted for
building permit.
10. The applicant shall comply with all applicable requirements of the San Rafael Municipal
Code and of the implementing zone classification of WEV (West End Village) Zoning
District.
11. This Use Permit does not approve any signs proposed for the project site. A separate sign
permit and fee will be required for any signage for the business.
12. Prior to installation of rooftop mechanical equipment, the applicant shall apply for
administrative environmental and design review and shall submit plans that demonstrate
appropriate screening as well as noise reduction methods used.
13. Minor modifications or revisions to the project shall be subject to review and approval of
the Community Development Department, Planning Division. Modifications deemed not
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minor by the Community Development Director shall require review and approval by the
original decision making body.
14. This Use Permit shall run with the land. This Use Permit shall become null and void if not
vested within one (1) year from the date of approval, or no later than September 13, 2018,
unless a time extension is granted before that date. Vesting shall include issuance of
necessary building permits or commencement of business operations.
15. The applicant shall comply with all applicable requirements of the City, County, State, and
other responsible agencies.
16. The applicant shall comply with San Rafael Sanitation District requirements outlined in
their memo dated August 15, 2017, which includes the following:
a. Prior to issuance of Building Permit, the applicant shall pay the appropriate sewer
connection fees for new plumbing fixtures.
b. The applicant shall obtain necessary approvals from Central Marin Sanitation
Agency and the County of Marin Environmental Health Services.
17. The applicant shall comply with Fire Department Standard Conditions of approval as
noted in Memorandum dated August 1, 2017, which includes the following:
a. The design and construction of all site alterations shall comply with the 2016
California Fire Code and City of San Rafael Ordinances and Amendments.
b. The applicant shall coordinate submittal of plans for the following fire protection
systems prior to installation:
i. Fire Sprinkler Plans
ii. Fire Standpipe Plans
iii. Fire Alarm Plans
iv. Kitchen Hood Automatic Fire-Extinguisher System Plans
c. A recessed mounted Knox Box (#3275) is required at the primary point of first
response to the building. Plans for building permit submittal shall show location of
Knox Box on plans. The Knox Box shall be clearly visible upon approach to the
main entrance from the fire lane, and must be installed between 72” to 78” above
finish grade.
d. Adequate water supply serving the Fire Protection System shall be verified with
Marin Municipal Water District.
e. The applicant shall provide exit signage, panic hardware, and emergency backup
lighting for all required exit doors.
f. Applicant shall provide fire extinguishers per CFC requirements.
18. The applicant shall comply with Department of Public Works (DPW) Standard Conditions
of approval as noted in Memorandum dated August 7, 2017, which includes the following:
a. Any work within the Right-of-Way shall require an encroachment permit and
would include outdoor license review by DPW.
Please note that Fourth Street is currently a moratorium street. Work is
anticipated at the fuel station located across the street. We recommend that work
for this site be coordinated with the adjacent property owner(s) to limit the
amount of disruption and roadway repair to the extent feasible.
b. Deliveries shall be limited to off-peak hours.
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c. Due to the location the applicant shall communicate parking limitation to
employees and customers. Customers shall not use private parking located at
nearby sites without permission of the respective property owners. Bike facilities
are recommended.
d. A construction vehicle impact fee shall be required at the time building permit is
issued. The fee is calculated at 1% of the valuation with the first $10,000 of
valuation exempt.
The foregoing resolution was at the regular City of San Rafael Planning Commission meeting
held on the 24th day of October 2017.
Moved by ______________ and seconded by ___________________
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: _______________________________ ______________________________
Paul A. Jensen, Secretary Berenice Davidson, Chairman