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HomeMy WebLinkAboutPlanning Commission 2017-01-10 Agenda PacketAGENDA SAN RAFAEL PLANNING COMMISSION REGULAR MEETING TUESDAY, January 10, 2017, 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 1400 FIFTH AVENUE SAN RAFAEL, CALIFORNIA Members of the public may speak on Agenda items. CALL TO ORDER PLEDGE OF ALLEGIANCE RECORDING OF MEMBERS PRESENT AND ABSENT Approval or revision of order of agenda items. PUBLIC NOTIFICATION OF MEETING PROCEDURES URGENT COMMUNICATION Anyone with an urgent communication on a topic not on the agenda may address the Commission at this time. Please notify the Community Development Director in advance. CONSENT CALENDAR 1. Minutes, December 13, 2016 PUBLIC HEARING 2. 64 Oakmont Ave. -Request for an Environmental and Design Review Permit for the demolition of an existing single family home and construction of a new 6,498 sq. ft. single-family residence with a second dwelling unit on a hillside parcel; APN: 010-121-19; Single Family Residential (R1a-H) Zone; Curt Cline, Applicant; Ryan Ashley, Owner; Fairhills Neighborhood; Project File: ED16-057 & SDU16- 008. Environmental Review: Categorically Exempt Project Planner: Alan Montes 3. 1833 &1835 Fourth St. (Shell Fueling Station) -Request of Zoning Determination to seek input from the Planning Commission whether the tear down and reconstruction of a legal nonconforming use (fueling station) in the West End Village 0JVEV) Zoning District can be allowed per the City's legal non- conforming use provisions (SRMC 14.16.270). APN: 011-231-24 & 25; West End Village 0JVEV) District; Muthana Ibrahim, applicant; A U Energy, LLC (Nick Goyal), Property Owner; File No: INF16- 054. Environmental Review: Categorically Exempt Project Planner: Alan Montes 4. Annual Meeting of Planning Commission to include: a) election of officers; and b) review of Planning Commission "Rules and Procedures". DIRECTOR'S REPORT COMMISSION COMMUNICATION ADJOURNMENT Next Meeting: January 24, 2017. I, Anne Derrick, hereby certify that on Friday, January 6, 2017, I posted a notice of the January 10, 2017 Planning Commission meeting on the City of San Rafael Agenda Board . • Sign interpreters and assistive listening devices may be requested by calling 415/485-3085 (voice) or415/485-3198 (TOO) at least 72 hours in advance. Copies of documents are available in accessible formats upon request. • Public transportation to-City Haff is available through Golden Gate Transit, Line 20 or 23. Paratransit is available by calling Whist/estop Wheels at 415/454-0964. ') To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products. Any records relatmg to an agenda Item, received by a majonty or more of the Agency Board less than 72 hours before the meetmg, shall be available for inspectIOn In the Community Development Deparlment, Third Floor, 1400 Fifth A venue, 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 INTERPRETED TO MEAN THAT NO AGENDA ITEM OR OTHER BUSINESS WILL BE DISCUSSED OR ACTED UPON AFTER THE AGENDA ITEM UNDER CONSIDERATION AT 11:00 PM. THE COMMISSION MAY SUSPEND TillS 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 MA Y FILE AN APPEAL OF THE PLANNING COMMISSION'S ACTION ON AGENDA ITEMS WITHIN FIVE BUSINESS DAYS (NORMALL Y 5:00 P.M. ON THE FOLLOWING TUESDA Y) AND WITHIN 10 CALENDAR DAYS OF AN ACTION ON A SUBDIVISION. AN APPEAL LETTER SHALL BE FILED WITH THE CITY CLERK, ALONG WfTH AN APPEAL FEE OF $350 (FOR NON-APPLICANTS) OR A $4,476 DEPOSfT (FOR APPLfCANTS) MADE PAYABLE TO THE CITY OF SAN RAFAEL, AND SHALL SET FORTH THE BASfS FOR APPEAL. THERE IS A $50.00 ADDfTlONAL CHARGE FOR REQUEST FOR CONTINUA TfON OF AN APPEAL BY APPELLANT. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, December 13, 2016 ~ RA,l:"~ ,,~. <&(' .. "", ('/,. ..;.,<t !-lVn 1\ ,. Regular Meeting San Rafael Planning Commission Minutes For a complete video of this meeting;go to http://www.cityofsanrafael.org/meetings CALL TO ORDER PLEDGE OF ALLEGIANCE RECORDING OF MEMBERS PRESENT AND ABSENT Present: Larry Paul Jack Robertson Barrett Schaefer Berenice Davidson Gerald Belletto Sarah Loughran Mark Lubamersky Absent: None Also Present: Ralli Boloyan, Planning Manager Steve Stafford, Senior Planner Caron Parker. Associate Planner PUBLIC NOTIFICATION OF MEETING PROCEDURES URGENT COMMUNICATION CONSENT CALENDAR 1. Minutes November 29, 2016 Barrett Schaefer moved and Jack Robertson seconded to approve Minutes as presented. The vote is as follows: AYES: NOES: ABSTAIN: ABSENT: Jack Robertson. Barrett Schaefer, Berenice Davidson. Gerald Belletto, Sarah Loughran, Mark Lubamersky None Larry Paul None PUBLIC HEARING 2. 815 B St. (Formerly 809 B St.. and 1212 and 1214 2nd St.) Condition Compliance Review 2nd and B Streets Housing Development Project [ED12-060; UP12-029; LLA12-003 APNS: 011-256-12. -14. -15 and -32. Project Planner: Steve Stafford Staff Report Jack Robertson moved and Barrett Schaefer seconded to accept condition compliance review and to support the architectural changes made to address historical mitigation measures items and direct the $25K public benefit offered by the applicant to the Marin History Museum. AYES: NOES: ABSTAIN: ABSENT: Jack Robertson, Barrett Schaefer, Berenice Davidson, Sarah Loughran Larry Paul, Gerald Belletto, Mark Lubamersky None None ~ 350 Los Ranchitos (Guide Dogs for the Blind) -Request for Environmental and Design Review Permit to allow the demolition of existing training offices, two kennels, maintenance offices, maintenance storage and puppy socialization buildings and the construction of a new Puppy center consisting of a 20,055 square foot building and 8,706 square feet of covered yards. The project would not increase dog, staff or volunteer intensity on campus. The proposed project was reviewed by the Design Review Board on September 7,2016 and was recommended for approval; APN: 175-250-03; Public/Quasi- Public (P/QP) Zoning District; Guide Dogs for the Blind, Owner; Brent Davies, Dreyfuss + Blackford Architects, applicant; File No: ED16-043. Project Planner: Caron Parker Staff Report Barrett Schaefer moved and Gerald Belletto seconded to adopt resolution approving project as presented. The vote is as follows: AYES: NOES: ABSTAIN: ABSENT: Larry Paul, Jack Robertson, Barrett Schaefer, Berenice Davidson, Gerald Belletto, Sarah Loughran, Mark Lubamersky None None None 4. Planning Commission General Discussion on Land Use and Planning -Related Topics- Recap and review of Summary and Draft Letter to City Council. APN: Citywide; File No P16-010. Staff Report The Letter to Council was reviews and accepted with one suggested modification. 5. Planning Commission Annual Meeting -Distribution of Rules and Procedures and Selection of Planning Commission Liaison to the Design Review Board. Staff Report The Planning Commission Liaison to the Design Review Board was selected for 2017. ,DIRECTOR'S REPORT COMMISSION COMMUNICATION ADJOURNMENT ANNE DERRICK, Administrative Assistant III APPROVED THIS __ DAY __ OF ,2016 Mark Lubamersky, Chair SAN RAFAEL Meeting Date: January 10, 2017 Agenda Item: 2-- THE CITY WITH A MISSION Community Development Department.,... Planning Division Case Numbers: ED16-057 & SDU 16-008 Project Planner: Alan Montes (415)485-3397 REPORT TO PLANNING COMMISSION SUBJECT: 64 Oakmont Ave. -Request for an Environmental and Design Review Permit for the demolition of an existing single family home and construction of a new 6,498 sq. ft. single-family residence with a second dwelling unit ona hillside parcel; APN: 010-121- 19; Single Family Residential (Ria-H) Zone; Curt Cline, Applicant; Ryan Ashley, Owner; Fairhills Neighborhood; Project File: ED16-057 & SDU16-008. EXECUTIVE SUMMARY The project is proposing the demolition of an existing single family residence and the. construction of a new single family residence with a second dwelling unit. The project is proposing more than 1,000 cubic yards of cut and this requires that the proj~ct be acted on by the Planning Commission. The project meets all applicable standards, has been reviewed and recommended for approval by the Design Review Board (DRB) and conditions have been applied to minimize impacts. ~RECOMMENDATION It is recommended that the Planning Commission adopt the attached Resolution (Exhibit 1) approving the proposed project with conditions. . I Address/Location: I 64 Oakmont Ave. I Parcel Number(s): I 010-121-19 I Property Size: 154,704 I Neighborhood: I Fairhills Site Characteristics General Plan Designation Zoning Designation Existing Land-Use Project Site: HRR R1a-H Residence North: HRR R1a-H Residence South: HRR R1a-H Residence East: HRR R1a-H Residence West: . HRR R1a-H Residence Site Description/Setting: The lot is located on a knoll with a significant amount of pine, oak and bay trees located throughout the site and primarily along the perimeter. The project site is located on a hillside lot with an average slope of 36.28%. The site will be accessed directly from Oakmont Avenue. Lastly, the neighborhood is a unique eclectic mix of architectural styles. A vicinity map is attached (Exhibit 2). REPORT TO PLANNING COMMISSION -Case No: ED16-057 The 54 ,704 sq . ft. site is currently developed with an approximately 4 ,700 sq . ft. residence . The residence was initially 3,116 sq . ft . in size when constructed in 1955. BACKGROUND Page 2 In 1992, the existing residence went through and Environmental and Design Review for a substantial remodel that was approximately an 1,800 sq. ft. addition and remodel. The property has had several code enforcement cases regarding overgrown vegetation, as the property was left vacant in the late 2000s. " PRO ECT DESCRI!' ION The project consists of two applications: An Environmental and Design Review for a new single fami ly res id ence on a hi ll s id e a nd f or 1,000 cub ic yard s of cut and a Second Dwe lli ng Unit application fo r a second dwelling unit (study/e xercise) located along the south east corner of the property . The project proposes to construct a new two-story , 5,891 sq. ft., single-family residence and a 607 sq. ft. detached second unit, located 60 ' south-east of the single family res idence. The tola l gross building " squ,are footage for the property would be 6,498 sq . ft. The single family residence includes six (6) bedrooms, an office, a media room, a 538 sq. ft . garage, five (5) full bathrooms and three (3) half baths. The second unit consists of a full bathroom, kitchenette and bedroom. Architecture: The project is proposing a contemporary-modern architectural building design. The proposed materials and colors consist of clear natural anodized finish aluminum framed windows and doors and aged wire- brushed barnwood siding. The glass walls , facing north , will not receive direct sunlight and the other glass walls will be screened by overhangs and trellises. " Landscaping: Three (3) significant trees (2 Pines and 1 Juniper, 50 ", 39 ", and 30 " in diameter) are proposed to be removed for the proposed project . Nine (9) replacement oak trees have been proposed . The majority of these trees would be planted along the southwest and eastern property lines . ANALYSIS San Rafael General Plan 2020 Consistency: Land Use Policies The San Raf.ael General Plan 2020 Land Use Map designates the site as Hillside Residential. Based on this designation a single family residence and second dwelling unit are appropriate and permitted uses. The project is consistent with Land Use Policy LU-12 (Building Height), in that it does not exceed the max imum height of 30 feet and Land Use Policy LU-14 (Land Use Compatibility), in t hat this project proposes a single family residence in a single family residential neighborhood . Housing P olicies Housing Policy H-2 (Design That Fits into the Neighborhood ' Context) encourages new single family homes to be built in character with the surround ing homes. The Fairtiil l s neighborhood is an eclectic mix of architectura l styles and the proposed p roject was found by the DRB to be an extraordinary piece of architecture that will be a benefit to the neighborhood and community. REPORT TO PLANNING COMMISSION -Case No: ED16-057 Page 3 Neighborhood Policies Neighborhood Policy NH-2 (New Development in Residential Neighborhoods) is meant t6 preserve, enhance and maintain the residential character of neighborhoods to make them desirable places to live. The proposed project will enhance the image of the neighborhood by adding to the unique eclectic mixture of homes in the neighborhood, meet and exceed all required development standards, and respect the natural landforms by developing on top of the existing developed footprint. Policy NH-100 (New Development) is a Fairhills neighborhood specific policy. It encourages the retention of the existing character of the neighborhood and the natural setting, protecting areas by clustering new development and maximizing open space band carefully evaluation height of new structures, in order to avoid buildings which are excessively visible or out of scale, soil erosion, scarring of the natural landscape, obstruction of scenic vistas from public vantage points, or loss of natural vegetation. The project design was reviewed by the DRB for conformance with this policy and found to be well designed and consistent with this policy . Community Design Policies . Community Design Policy CD-6a (Hillside Design Guidelines) requires projects located on hillside lots to be reviewed in accordance with the Hillside Design Guidelines. This project has been reviewed in accordance with the Hillside Design Guidelines and meets all criteria. The project will remove three (3) significant trees and replace them with nine (9) new oak trees, the structure is being built into the ground in order to reduce bulk, the flat roofs are designed to reduce the size and mass of the building as well preserve views of adjacent neighbors, and the glass walls have been reviewed and found appropriate for the site, as conditioned, by tlie Design Review Board. Community Design Policy CD-13 (Single-Family Residential Design Guidelines) requires new projects to be well designed and meet the intent of the Residential Design Guidelines. The proposed project was reviewed in accord to the Residential Design Guidelines and found by the Design Review Board to be extraordinarily well designed. Community Design Policy CD-15 (Participation in Project Review) has been achieved by processing the project consistent with the required public review and participation for all discretionary permits through the referral stage (City Departments, Non-City agencies, and the Fairhills Property Owners Association), the noticinglposting, hard copy notices were mailed to all owners and occupants within a 300' radius of the site and to the Fairhills property Owners Association and the site was posted no less than 15 calendar days prior to the public hearing, and the public hearings themselves. . Circulation Policies Circulation Policy C-7a (Traffic Mitigation Fees) requires traffic mitigation fees for new projects. The 'project is required to pay a traffic mitigation fee of $16,984, which is based on.the AM and PM peak hour trip generation that would be associated with a new single family home. Safety Policies Policy S-4 (Geotechnical Review) requires a geotechnical review. A geotechnical investigation ' was prepared by GeoForensics, Inc. for the site, which demonstrated the proposed improvements on the site can be safely constructed. Policy S-6 (Seismic Safety of New Buildings) requires all new buildings to be designed and constructed to resist stresses produced by earthquakes. This project is entirely new construction and will be built in accordance with the most current building and seismic codes, as required by the City's Municipal Code. Zoning Ordinance Consistency: Chapter 14.4, Residential Districts (R, DR, MR, HRJ The site is located in the Residential District. Section 14.06.020, Land Use Regulations (R1a-H), permits single family residences and second units. The proposal complies with the R1 a-H district zoning standards including setbacks, lot coverage, maximum upper story size, and height. The proposal REPORT TO PLANNING COMMISSION -Case No: ED16-0S7 Page4 exceeds the minimum setback requirements, does not exceed the 30 ft. height limit, and will cover 11.7% . of the lot where 20% lot coverage is allowed. Chapter 14.12, Hillside Development Overlav District (-Hi The proposed project complies with the Hillside Development Overlay District in thi;lt the structure is located out of the setbacks and stepbacks. The project would also comply with the natural state requirement by constructing the majority of the home within the already disturbed area. The maximum gross building square footage for this lot is 6,500 and the proposal would total 6,498 sq. ft. The section of Oakmont Ave. near the proposal is 26' wide and thus the project is only required to provide two (2) covered parking spaces, for the primary residence and one (1) uncovered space for the second dwelling unit. Lastly, the project is going through an Environmental and Design Review Permit as required. Chapter 14.16. Site and Use Regulations Section 14.16.020, Accessory Structures" requires the accessory structure to be no more than 15 feet in helent and !cG3ted a m!n~mt.::n Gf three !3) fset cut of the i'aquiied satbad< Th e prOr()~Arl ;;;-::,-:p~Rn'Y structure (Le. the study/exercise/second dwelling unit) is located outside of all required setbacks and is less than 15 feet in height. Section 14.16.227, Light and Glare, requires that colors, materials and lighting shall be designed to avoid creating undue off-site light and glare impacts. The structure proposes that the north facing glass walls will not receive sunlight and will not any reflectivity and that the rest of the wall will be shaded with trellises or overhangs. A number of the west facing windows will also be opaque and non-reflective. The Design Review Board also commented on concerns of light intrusion which will be mitigated by a 90-day post installation inspection to allow for adjustment and assure compliance with this section. Section 14.16.285, Second Dwelling Units, the proposed project complies with all the second dwelling uriit ordinance requirements which includes size, setbacks, height, parking, owner occupancy, and being deed restricted. The second unit also complies with the new State Bills, AB 2299 and SB 1069. Section 14.16.320, Swimming pools , hot tubs , and other mechanical equipment, requires that all mechanical equipment, including pool pumps, shall not encroach into any required front or side yard. The proposed equipment is located outside of all setbacks and is located under the exterior stairs on the west end of the developed area. Chapter 14. 18, Parking Standards Section 14.18.040, Parking requirements, requires the property to provide two (2) covered spaces for the single family residence, as Oakmont Ave. is 26 feet wide, and an additional one (1) uncovered parking space for the detached second dwelling unit. The project proposes two (2) covered parking spaces and an additional three (3) uncovered spaces, thus meeting the parking requirement. The parking will also comply with the parking space dimensions by exceeding the 20x20 foot covered parking requirement and the 9x19 foot uncovered parking requirement. Chapter 14.25, Environmental and Design Review Section 14.25.040, Improvements Subject to Review , states that all new Hillside residences are required to go through a Design Review. Furthemnore, the amount of grading when in excess of one thousand (1,000) cubic yards of cut is consider considered a major physical improvement and is subject to Design Review by the Design Review Board (DRB) and approval by the Planning Commission. The DRB reviewed this project on November 9, 2016. The Board unanimously agreed that ·the project is well designed and met the Design Review criteria and the Hillside Design Guidelines. REPORT TO PLANNING COMMISSION -Case No: ED16-057 Page 5 DESIGN REVIEW BOARD REV EW On November 9,2016 the project was reviewed by the Design Review Board (ORB). The ORB was very receptive to the project. However, there were some minor concerns expressed with the color and possible light intrusion from the large amounts of windows on one elevation. It was recommended that building colors be slightly darkened and that conditions be applied to help guard against light intrusion. The applicant has addressed the concern regarding color by changing the exterior color from "acoustic whiten. to a natural looking aged wire-brushed barnwood siding. The ORB unanimously supported the project with a 4-0 vote to approve the project , with Board Member Spielman was absent. Larry Paul acted as the Planning Commission Liaison. The written minutes from the ORB meeting can be found online at: https:llwww.cityofsanrafael.org/meetingsl and clicking on the November 9th ORB meeting , there is no Video for this meeting. J~NV IRONMENTAL DETERMINATION The proposed project is exempt from the requ irements of the California Environmental Quality Act (CEQA), pursuant to Section 15303(a) of the CEQA Guidelines which exempts a single family home and second dwelling units in an urbanized area. !3UBLIC CO RES!30NDENCE 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 and the Fairhills Neighborhood Association , and all other interested parties , a minimum of 15 calendar days prior to the date of all meetings, including this hearing . Public notice was also posted on the subject site 15 calendar days prior to the date of all meetings. Prior to and at the ORB meeting, two comments/inquires were received from neighbors. The first inquiry was regarding what was actually going to happen on the site . Staff explained the project and showed the neighbor the plans . The neighbor commented that the design was gorgeous and that he can already visualize the house being there . The second inquiry was regarding the construction and management plan. Prior to this Commission hearing, staff has not received any comments. Copies of all written public correspondence on the proposed project received to date are attached to this report as Exhibit 3. OPTIONS The Plann ing Commission has the following options: 1. Approve the application as presented and conditioned (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; or 4. Deny the project and direct staff to return with a revised Resolution REPORT TO PLANNING COMMISSION -Case No: ED16-057 Page 6 EXHIBITS 1. Draft Resolution 2 . V icinity/Location Map 3. Public Correspondence Plans have been distributed to the Planning Commission. DRAFT RESOLUTION NO. __ _ RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (EDI6c057) AND A SECOND DWELLING UNIT PERMIT (SDUl6-008) FOR THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE AND SECOND DWELLING UNIT, LOCATED AT 64 OAKMONT AVENUE (APN: 010-121-19) WHEREAS, on October 18, 2016, the Community Development Department, Planning Division, found the development applications requesting an Environmental and Design Review Permit (EDI6-057) and Second Dwelling Unit Permit (SDUI6-008) approval to construct a new 6,498 gross square foot single-family residence with a second dwelling unit located at 64 Oakmont Avenue in the Single Family Zoning District to be complete for processing; and WHEREAS, on November 9, 2016, The City of San Rafael Design Review Board reviewed the project and unanimously recommended approval of the design; and WHEREAS, upon review of the application, the project has -been determined to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15303(a) of the CEQA Guidelines which exempts single family home and second dwelling units in an urbanized area; and WHEREAS, on January 10,2017, the San Rafael Planning Commission held a du1y noticed public hearing on the proposed Environmental and Design Review Permit and Second Dwelling Unit Permit (ED 16-026 and SDU16-008), 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 Environmental and Design Review Permit (EDI6-057) and Second Dwelling Unit (SDU16-008): Environmental and Design Review Permit (EDI6-057) Findings A The project qualifies as a Class 3 Categorical Exemption from the provisions of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15303(a) which exempts single family home and second dwelling units in an urbanized area. 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 has been reviewed by the Design Review Board and Planning Commission for compliance with the hillside property development standards and design criteria in Chapter 25 to ensure that the design is compatible with the Fai.rhills neighborhood, as required by the General Plan. C. The project design is consistent with all applicable site,architecture design criteria, Hillside Design Guidelines, and the Residential Design Guidelines for the district in which the site is located given that the site development complies with the Rla-H District requirements and has been reviewed and recommended for approval by the Design Review Board. D. As conditioned, the project design minimizes adverse environmental impacts by limiting grading to the building footprint and driveway and preserving existing vegetation to the maximum extent feasible. The project is conditioned to protect against light intrusion, with a 90-day post installation inspection to allow for adjustment and assure compliance with 14.16.227 of the San Rafael Municipal Code. 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 given that the project has been reviewed by the appropriate agencies and conditioned accordingly. Second Dwelling Unit (SDU16-008) Findings A. The Second dwelling unit complies with all requirements in 14.16.285 of the San Rafael Municipal Code. The project will not be more than 40% of the principal dwelling unit, the unit is conditioned to be deed restricted and owner occupied, and the Second Dwelling Unit will comply with all required development standards, including height, lot coverage, and setbacks. BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Rafael approves the Environmental and Design Review Permit and Second Dwelling Unit Permit subject to the following conditions: Environmental and Design Review Permit (ED16-057) Conditions of Approval Department of Public Works 1. Provide an erosion control plan for the site at the time of building permit submittal. 2. Prior to any work within the Right-of-Way, an encroachment permit shall be required, from the Department of Public Works located at 111 Morphew Street Please note that Oakmont Ave and Wild Way are moratorium. streets and street cuts shall require full width resurfacing. 3. The project will require a grading permit as more than 50 cubic yards of grading will occur. 4. A traffic mitigation fee of $16,984 shall be required, based on the generation oftwo (2) AM and two (2) PM peak hour trips. -2- 5. A construction vehicle impact fee shall be required at the time of building permit issuance; which is calculated at 1 % of the valuation, with the first $10,000 of valuation exempt. San Rafael Sanitation District 6.' All existing sewer laterals going from the parcel to the existing sewer main shall be identified on the building permit plans. 7. Should any existing sewer lateral be reused the proposed lateral for re-use shall be televised to determine its condition. The results of the televised survey shall be submitted prior to the building permit to the San Rafael Sanitation District (SRSD) for review. In the event the televised survey recommends improvements or repairs to the sewer lateral, the project applicant shall be responsible for completing this work in coordination with SRSD staff. 8. Should the existing lateral be removed or abandoned, please submit detailed plans for abandomnent conforming to the San Rafael Sanitation District Standard Specifications and Drawings. 9. The installation of a backflow preventer devise per the San Rafael Sanitation District Standard is required. Indicate on the building plans where the devise will be installed. 10. If a new sewer is being proposed, provide slopes of the new sewer lateral (minimum cover shall be 18"), and type of pipe. The wye connection at the mainline shall be a C900 wye with shear band couplings. 11. The District will require the payment of a sewer connection fee of $9,290.94 prior to the issuance of the building permit. This sewer fee connection fee is valid from July 1, 2016 to June 30, 2017. Marin Municipal Water District 12. Compliance with all indoor and outdoor requirements of District Code Title 13 -Water Conservation is a condition of water service. All questions regarding District Code Title 13 - WateI' Conservation should be directed to the Water Conservation Department at 415-945- 1497. Community Development Department, Planning Division 13. This Design Review Permit (ED16-057) shall be valid for two years from approval or lmtil January 10,2019, and shall be null and void if a building permit is not issued or a time extension granted prior to the expiration date. 14. The building techniques, materiaIs, elevations and appearance of this project, as presented for approval by the Planning Commission on January 10,2017, shall be the same as required for the issuance of a building permit. Any future additions, expansions, remodeling, etc., shall be subject to the review and approval ofthe Community Development Planning Division. ' Further modifications deemed not minor by the Community Development Director shall require review and approval by the original decision making body, the Planning Commission, and may require review and recommendation by 'the Design Review Board. - 3 - 15. Prior to the submittal of a building permit application, a copy of these conditions of approval shall be included on the plans submitted for building permit review. 16. Prior to issuance of a building permit, the applicant is to comply with conditions of the Marin Muuicipal Water District for the landscaping improvements. 17. Construction activities shall comply with City's Noise Ordinance, SRMC 8.13.050. 18. All new lighting shall be subject to a 90-day post installation inspection to allow for adjustment and assure compliance with this section. Should the light intrusion from inside the house have excessive intrusion occur additional landscapipg may be required to reduce the spillover effect &ld off site visibility of the lig-htiilg . 19. Prior to the issuanceofa building permit for this first phase of the project, the applicant shall submit a complete Construction Management Plan (CMP) to the Commuuity Development Department, Planning Division, for the management of the construction for all phases of the project. The applicant should meet with the Fairhills Property Owners Association and diligently work with the Owner's association to create a CMP to address their concerns. a. The CMP shall be subject to the review and approval of the Commuuity Development Department and Public Works Department. This CMP shall outline measures to mitigate or reduce the potential negative construction, noise staging and parking impacts of the project on the adjacent property owners, residents/occupant and the surrounding area. b. This CMP shall incorporate, but is not limited to, such measures as smaller but more frequent deliveries of materials, use of smaller vehicles for delivery of construction materials for narrow hillside roads, and distribution of accurate bi-weekly construction schedules to occupants of all adjacent properties. c. The CMP shall also address the following topic areas for all periods of construction. o Construction Hours and Noise o Traffic Management narrative to address construction traffic, hours of deliveries, types of delivery vehicles, construction traffic routes. The goal is to minimize construction truck deliveries during congested times on the hillside roads. o Parking -Identify location for parking of construction employees and method of transport to site, if off-site. All employee parking should be on site. o Construction Commuuication Plan -Plan to notify neighbors of construction schedule on a bi-weekly basis, identification and contact information of responsible parties for construction complaints. o Off Haul -Identify the hours of off haul allowed for trucks carrying off haul -4- 20. All "off-haul" of excavation shall occur during off-peak traffic trip hours -9:00 a.m. and 3:00 p.m. -only. 21. If, during the course of construction, cultural, archaeological or paleontological resources are uncovered at the site (surface or subsurface resources) work shall be halted immediately within 50 meters (150 feet) of the fmd until it can be evaluated by a qualified professional archaeologist. The City of San Rafael Planning Division and a qualified archaeologist (i.e., an archaeologist registered with the Society of Professional Archaeologists) shall be immediately contacted by the responsible individual present on-site. When contacted, the project planner and the archaeologist shall immediately visit the site to determine the extent of the resources and to develop proper mitigation measures required for the discovery. 22. All Planning Division fees associated with this application shall be paid in full prior to . building permit issuance. . Second Dwelling Unit (SDU16-008) Conditions of Approval 23. A deed restriction for the second unit identifying compliance with the 2nd unit standards and owner occupancy of one of the two units shall be recorded prior to building permit issuance. Proof of recordation shall be submitted to the Planning Division as part of the building pennit submittal. The Planning Division will prepare the deed restriction for signature and recordation of the property owner. . The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the 10th day of January, 2017. Moved by Commissioner ______ and seconded by Commissioner _______ __ AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS SAN RAFAEL PLANNING COMMISSION ATTEST: __________________ _ BY: __________________ __ Paul A Jensen, Secretary Mark Lubamersky, Chair -5 - Exhibit 2 -VicinityMap \ E" ~·Ib rt-] Alim l\IJontes FrQm: S@nt: To: Cc: . Subject: Follow Up Flag: Flag Status: S Hi Alan, Frank Smart <fmsmart@jps.net> Thursday, November 10, 2016 10:10 AM Alan Montes 'Marc Langenberg'; 'ROGfR'; 'Phil Jaret'; 'Pamela Ouaknine'; 'Brian Savard' RE ; Partial list of issues for the project execution plan for 64 Oakmont Ave. and the Pup lie meeting 9 Nov. '16 Revision 2 Follow up Flagged Please note the below comments we would like to include along with the Elizabeth Way route for all the many heavy trucks that will be uSed for this lengthy project. I thought the meeting went well last evening. What · is the next move towards getting a building permit? Cheer~, Frank . From: Marc Langenberg [mailto:langenbergs@gmall.com] Sent: Thursday, November 10, 2016 8:00 AM To: Frank Smart Subjea:Re: Parriallist of issues for the project execution plan for 64 Oakmont Ave . and the Public meeting 9 Nov. '16 Frank, I was talking with my father about this as his neighborhood in Bend; Otegon has aIot of additional homes going in. I tan yout list by him and he thought it was very good. He said they also required street cleaning fo eliminate debris that could cause vehicle/tire da:m.age . (more frequent during demo period). They also would water down the sites to prevent dust .. Marc On Wed, Oct 26,2016 at 6:07 PM, Frank Smart <finsmart@jp s.net> wrote: Hi Alan, 1 • It was good meeting briefly with you yesterday and the architect. Here are some points that should be considered for this project; 1. What is the overall projected construction duration and completion date? 2. Wh;rt is the scheduled start date? 3. The.City to Survey/Phptograph the newly over laid streets adjacent to 64 OaknlPnt Ave. in order to have a c;.nditi:.n r.~3din~ pri or to th~ h~~-'J-~quipm~nt f.)f ~i :; pr0ject beiU b mobjlj;:~d.. /'Ji 2.~m~.6e to be repdl'eci.:.t owners expense . .. 4. Parking aIQng the 11,0rth side of Oakmont Ave. between 45 and 64 not to be allowed do to safety reasons, sj,nce at either end of this zone there are blind curves. If autos ate parked there it will force cars out into the oncoming traffic lanes. THERE ALSO MANY DOG wALkERs IN THi:s AREA ALL DAY LONG PLUS, FOLKS JUST OUT GETIING THEIR EXCERSIE EITHER W ALKlNG OR BIKE RIDING. 5. Contractor ,parking should be restricted to Wildwood Way when parking off site. , W 6. All dumpsters to be positioned off street. 7. When large trucks; i.e. concrete, equipment transporters, dump trucks, lumber trucks,etc. should have a flagman on Oakmont while entering or leaving the project site for safety reasons. 8. Staging areas and material storage to be confined to the project site and not on the city streets. 9. Contact person or personS for the owner via phone and or their e-mailaddress. 10. As we hear comments from the neighbors we will let you know. Cheers, Frank . 415-250-8913 2 ·SAN RAFAEL Meeting Date: January 10 , 2017 Agenda Item : ·3 THE CITY WITH A MISSION Case Numbers: INF16 -054 Development Department -Planning Division Project Planner: Alan Montes -(415) 485-3397 REPORT TO PLANNING COMMISSION SUBJECT: 1833 and 1835 Fourth Street (Shell Fueling Station) ~ Request for Determination of whether the tear down and reconstruction of a legal non-conforming use (gas station and mini mart) in the West End Village Zoning District can be allowed per the zoning ordinance; APN: 011-231-24/25; West End Village (WEV) Zone; Muthana Ibrahim, Applicant ; Nick Goyal , Owner; Case Number: INF16-054 IE'XE CUTIVE SUMMARY On October 31, 2016, the applicant submitted a pre-application request to solicit initial feedback from City staff on their proposal to tear down and rebuild the existing fueling station located at 1833 Fourth st. During the pre-application it was discovered that the zoning district in which the site is located had changed during the adoption of General Plan 2020, from Commercial/Office (C/O-D) to West End Village (WEV). The WEV District does not allow fueling stations. The issue here is the fueling station is a legal non-conforming use, meaning it was approved and built at a time when the fueling station use was allowed with a use permit, but under current zoning rules fueling stations are not an allowable use in the zone. The applicant proposes to demolish and rebuild a new fueling station, to be more modern and include a larger mini mart. However, since the fueling station use is not currently allowed in the WEV zone, there is a question of whether this can be allowed. The non conforming provisions of the Zoning Ordinance leave some ambiguity, so given that this is· a major policy interpretation, staff has referred the matter to the Commission for interpretation and . direction. 'R E COMMENDATION The Commission is asked to consider the non conforming provisions of the Zoning Ord inance (14.16.270) and make a determination (through a motion and vote) of whether the renovation of the existing fueling station and expansion of the mini mart could be allowed . ~OPERTYFAC ~TS~ ____________________ ~ _____________ __ I Address/Location: I 1833 and 1835 Fourth Street I Parcel Number(s): I 011-231-24/25 I Property Size: I 1 O,OOOsf and 4 ,500sf I Neighborhood: I Downtown Site Characteristics General Plan Designation Zoning Designation Exillting Land-Use Project Site: WEV WEV Fue l Station & Convenience store North: WEV WEV Commercial/Office South: HDR HR1.8 Residential REPORT TO PLANNING COMMISSION -Case No: INF16-054 Page 2 East: WEV WEV Restaurant West: N/A N/A Fourth Street Site Description/Setting: The site is composed of two parcels, in a triangular shape, located at the intersection of Fourth St. and Second St. The site is flat and the combined parcels are 14,500 sq. ft. BACKGROUND The site obtained an Environmental and Design Review (ED) in 1972 for the construction of a new fuel station. In 1975 the site obtained a Use Permit to add a film kiosk. Between 1975 and 1993 the fuel station had sev~ral Design Reviews Permits and in 1992 the fuel station obtained a Use Permit (Exhibit 3), to sell packaged goods out of the existing building on the site. This 1992 Use Permit is. rather poorly written and the conditions are geared more towards the Design Review rather than the Use Permit. The applicant had submitted a pre-application on September 16, 2016 to tear down the existing fuel station and conv.enience store with a new larger fuel station and convenience store. During the pre- application it was found that the zoning had changed in the mid 2000s and that a fueling station is not an allowable use in the WEV Zoning District. After reviewing the pre-application staff had found some ambiguity in the non conforming provisions of the of the San Rafael Zoning Ordinance (14.16.270) that warranted a determination from the Commission' The applicant submitted for a letter of determination to go before the Planning Commission to seek input on whether the continuation of the fueling station could be allowed to continue, even if the structures on the site are demolished and rebuilt prior to their submitting a formal application. PROJECT DESCRIPTION The applicant is requesting a determination from the Planning Commission of whether the currently legal, non-conforming fueling station use in the WEV zonihg District would be allowed to be continued, if it is torn down and rebuilt ANALYSIS San Rafael General Plan 2020 Analys.is: NH-42, West End Village, encourages development in the West End Village to be one-of-a-kind businesses, .such as bakeries, restaurants, craft stores, art galleries and furniture stores; outdoor uses such as sidewalk cafes; and a major retail anchor use are all part of the West End's special blend of retail. This policy also encourages parking in the area to be screened with landscaping and that parking lot entrances should be on side streets where possible. Zoning Ordinance Analysis: There are a few sections of the Zoning Ordinance that are applicable to this question 14.05.010, Specific Uses (West End Village), The West End Village is intended to be a unique and desirable place to shop and live. A variety of goods and services is encouraged, ranging from one-of-a-kind shop~, neighborhood-serving offices and services, family and youth-oriented REPORT TO PLANNING COMMISSION -Case No: INF16-054 Page 3 entertainment activities, and restaurants. New parking areas are strongly encouraged. Limits on drive-up facilities and late-night activity protect the livability in the West End Village, and promote an attractive pedestrian setting. 14.05.022 -Land Use Regulations Downtown Zoning Districts-The land use table for WEV zoning does not currently allow for fueling stations. Other districts in the downtown zoning do currently allow fueling stations (such as the HO , 2/3MUE, 2/3MUW and 5MR/O Districts), subject to a Planning Commission level Use Permit. As noted above, when the current fueling station and mini mart does have a use permit , when the mini mart was added to the site in 1992. 14.16.160, Fuel and service stations, This section requires a Use Permit , or amendment to an existing Use Permit, for any newly constructed fuel station , reopening after nine (9) months of having ceased operation, or remodel to include ncinautomotive retail sales. If the tear down and rebuild is allowed, the project would need to amend the use permit 14.'16.270, Nonconforming structures and uses, -This section includes the following provisions related to the non conforming uses and structures are contained in this section. This section identifies the 1) purpose, 2) provisions for continuation of non conforming uses/structures and 3) regulations for non-conforming structures , as follows: 14.16.270.A -Purpose, Within the districts established by this title or amendments thereto, there exist structures, uses of land, and characteristics of use which were lawful prior to the adoption of or amendment to this title, but which fail, by reason of such adoption or amendment, to conform to the present requirements of the zoning district. It is the purpose of this title to : 1. Permit nonconforming structures to remain and to allow for their regular maintenance and repair, under the regulations herein contained; 2. Limit the number and extent of nonconforming structures by prohibiting their-being moved, altered or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this title , and by regulating their restoration after major damage; 3 . Limit the number and extent of nonconforming uses by regulating their enlargement, their re-establishment after abandonment and their restoration after major damage of the structures they occupy. 14.16.270. C -Continuation of Non Conforming Structure or Use. The lawful use of a structure or land, 'in existence and lawfully operating, although such structure or use does not conform to the regulations for the district in which it is located, may be continued provided that: 1. Such structure or use was legally in existence at the time of the passage of the ordinance codified in this title; or, 2 . Such structure or use was legally in existence at the time of the adoption of any amendment to this title , but by such amendment such structure or use is not otherwise permitted; or, 3. Such structure or use waS legally in existence at the time of annexation to the city, and has since been in regular and continuous use. Change of ownership, tenancy or management of a nonconforming structure use shall not affect its status as a legal, nonconforming structure or use. REPORT TO PLANNING COMMISSION -Case No: INF16-054 Page 4 14.16.270.0 -Regulations pertaining to Non Conforming Structure 1. All use permits which were valid at the time the ordinance codified in this title went into effect shall be valid and remain in force and effect for the terms and subject to the conditions contained therein. 2. A nonconforming use shall not be permitted to increase in intensity of operation. An increase in intensity shall include, but not be limited to, extended hours of operation, substantial remodeling or an increase in number of seats or service area for bars and restaurants. 3. The nonconforming use of a structure or portion of a structure shall not be expanded into any other portion of the structure. The nonconforming use of land shall not be expanded or extended in area nor changed except to a conforming use. 4. The nonconforming use of a structure may be changed to a use of the same or more 5. If the nonconforming use of a structure ceases for a continuous period of twelve (12) months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the district in which it is located. Abandonment or discontinuance shall include cessation of a use for any reason, regardless of intent to resume the use. 6. If any structure which is occupied by a nonconforming use is hereafter removed, the subsequent use of land on which such structure was located and the subsequent . location and use of any structure thereon shall be in conformity with the regulation specified by this title for the zoning district in which such land is located. 7. No use which is accessory to a principal nonconforfTling use shall continue after such principal use shall cease or terminate. . 8. A structure occupied by a nonconforming use which is damaged or destroyed to the extent of less than fifty percent (50%) of the current market value may be restored and the nonconforming use may be resumed; provided, that a diligent effort to rebuild has been demonstrated within six (6) months and restoration is diligently pursued to completion. 9. A structure occupied by a nonconforming use which is damaged or destroyed to the extent of fifty percent (50%) or more of the current market value may be restored (subject to the limitations of subsection C above) and the subsequent use of land on which the structure was located shall be in conformity with the regulations specified by this title for the zoning district in which such land is located. 10. Legal dwelling units, existing or approved as of January 1, 1991, shall be considered conforming uses, except for such units in the marine, light industrialloffice districts, and industrial districts, and for single-family units in downtown mixed-use districts. These units are subject to the provisions of Section 14.16.060. Staff Discussion: In situations where a structure is legally built or a use is legally established in conformance with the rules at that time the use can continue to operate in perpetuity. However, in this case the rules subsequently changed to not allow that use and the use is considered a legal non-conforming use. Legal non- conforming uses are allowed to remain, be used and maintained through ordinary maintenance of repair, regardless of changes in ownerShip. However, if they are ever removed or cease to exist for longer than one (1) year, the intent is the use would not be allowed to re-establish and the use of the property is supposed to be replaced with a use that conforms to the current Zoning. REPORT TO PLANNING COMMISSION -Case No: INF16-054 Page 5 The intent behind that provision is that for a community to evolve and change to a new vision, non- conforming uses should be eliminated if there is a significant enough of a change to the building. For that reason, the City in its wisdom has not allow fueling stations in the WEV Oistrict , so on a comprehensive tear down and rebuild , it would be time for the site to be developed with a new use that conforms to current zoning. In this particular case , the reason this question has arisen is that the proposal calls for demolishing the . . current fueling station and building a new more modern fueling station and expansion mini mart. As noted above, the general intent is to get non conforming uses to meet · current zoning, as they redevelop or cease operations. However, staff also finds merit with the continuation of the .fueling station use at this site. First, this fueling station is at a key location on a major vehicular arterial and provides a convenience to the public. In addition , the use is fairly unique (fueling station) and reuse of fueling stations to other types of uses could prove extremely difficult given the environmental cl~anup that could be requ ired to allow for other types of uses. Furthermore , if this use is not allowed to rebuild into a more . modern facility, it is possible that the current station wouid remain and continue to degrade in appearance and that would be allowed under the non-conforming provisions that allow continued use and operation and maintenance of a facility . The non-conforming provisions also are not completely clear, which has resulted in this request for a determination. • Section 14.16.270.0 .. 1 states that all use permits which were valid when the new land use rules .went into effect shall remain valid and in full force. That means since the site does has a Use Permit from 1983, which. allows and recognizes a fueling station and small convenience store . This section leads one to find that since there is a use permit , it can continue. • 14.16.270.0.4 states that a nonconforming use of a structure may be changed to a use of the same or more restricted nature; provided , that a use permit shall first be obtained . • 14.16.270.0.6 states that if a structure occupied by a non-conforming use is removed, the new use shall meet the current regulations. However, as this fuel station has an existing use permit , Exhibit 3, (UP92-39) staff is under the impression that the use may be allowed to continue in consistency with section 1, but this determination would need to be made by the Planning Commission . • One other consideration is that if it renovation is allowed to continue, one component of the proposal for redevelopment is to expand the mini mart on the site. Expansion of a non-conforming uses are not typically allowed (14.16.270.D.2), and that should be considered in the determination . Given that the site does have a Use Perrnit, albeit dated, and the fact that the use would not generally change, it does seem appropriate to allow the site to be redeveloped and allow the use to be continued subject to a Use Perm it to review potential impacts. It is important to note that the scope of this review and discussion is solely related to the non conforming prOVisions . This is not a full review of the merits of the project, or consistency with all development standards and design guidelines, zoning ordinance or General Plan. A full project review will be conducted, if and when a formal application is submitted. Therefore, the Commission is requested to consider this situation and provide a determination of whether the use can be allowed to continue, should the site be redeveloped. REPORT TO PLANNING COMMISSION -Case No: INF16-054 Page 6 If the Commission determines that the use can continue , the applicant will then submit the required planning applications (Design Review and Use Permit amendment): If the Commission determines that the use cannot be allowed continue , the applicant will have to either • Drop the project and maintain the current station or • Propose redevelopment of the site with another use that is consistent with zoning; or • Request a zoning text amendment to have the city consider allowing fueling stations in the WEV zone. NEiGHBORHOOD MEETING I CORRESPONDENCE Although this is not a specific development application, notice of hearing for the determination was conducted in accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance, although this item is not required to be noticed. A Notice of Public Hearing was mailed to all property owners and occupa nts w ithin a 300 -foot radius of the. sLibject s ite and the Chamber of Commerce and Business Improvement District, and all other interested parties, 15 calendar days prior to the date of this hearing . . No public correspondence has been received as of January 4, 2017. OPTiONS The Planning Commission has the following options: 1. Make a determination that the rebuilding of an existing legal, non-conforming fueling station can be allowed; or 2. Determine that the once the legal , non conforming fueling station is demolished , any new use of the site must comply with current zon ing EXHIBITS 1. Vicinity/Location Map 2 . Letter from applicant , October 24 ,2016 3. Existing Use Permit (UP92-39) 4 .. San Rafael Municipal Code Section 14.16.270 (non-conforming structures and uses) 5. Site Plan . Exhibit 1 1833 Fourth St. -Vicinity Map " I~II A uhtte.:;ts Muthana Ibrahim Architect President Telephone: (925) 287-1174 Facsimile: (926) 948--1581 Cell: (926) 878--9875 Enuill: muthan a@miarchitect.com Website: www.miarcbitecLcom MI E~~;},;+ ;J-. Arc hit e C t s, l.n c . A California Corporation ARC H iT E C T U R E P'L ANN I N G MANAGEMENT. DESiGN 2221 OLYMPiC BLVD., SUITE 100, WALNUT CREEK, CALIFORNIA 94595 October 24,2016 Mr. Alan Montes City of San Rafael 1400 Fifth Ave., San Rafael, CA 94915 Regarding: Dear Mr. Montes: Proposed reconstruction of the Shell Gas Station 1833 4th Street . San Rafael, CA 94901 On behalf of our Client A U Energy, LLC, we are submitting this letter to obtain a zoning determination from the Planning Commission. Our client is 'intended to reconstruct the gas station located' at the above referenced address. We understand that the existing gas station use is grand fathered, and the current zoning distriot does not allow the gas station use. The justification for our request is that when the property changed hands In 2010, the seller granted. the I;md to our . eli.Emt with the following restrictions: . • According to section 1 of the attached Grant Deed, the property shall remain Shell · branded gas station through December 31, 2030. Because the gas station is in a bad state of repair and condition, the owner must replace it now to ensure it can safely comply with the restriction of the Grant Deed • According to section 4 of the attached Grand Deed, after December 31, 2030, The property will never be allowed to install the followings 1) Any well or tank for potable d~inking water 2) any residential use, Including multi-family residential uses · . 3) Any hospital, school, elder day care, day care center, park, playground, or below grade structures or subterranean parking The last improvement to the gas station was approximately 23 years ago. The Owner of the property is willing to invest in this property. Approximate cost of similar investments is $3,000,000. We are ready to move forward with the project once the Planning Commission provides us with determination to move forward. Ple.ase don't hesitate to call, if you have any questions. I can be reached at (925) 287-1174 x1. Sincerely, Arphitect, President M I Architects, Inc. S;\1·ProjectS\16-50761833 4th Stret, San Rafael\Do c's\Justifing Statement.doc OCf 3 1 2016 PLA!\iNi \JG i, ( Shell Gas Station 390 Hickey Blvd, Daly City -Built in 2015 Shell Gas Station 2085 Novato Blvd, Novato -Built in 2014 RECEiVED OC1 ?I 'i Z016 pLANNING ( ( Shell Gas Station 295 Sir Francis prake Blvd, Greenbrae -Built in 2013 Shell Gas Station 295 Sir Francis Drake Blvd, Greenbrae -Built in 2013 . RECEiVE.D OCT 31 2.016 PLANNING Loop store interior ,1 / I ',/EKhiLrP1 . / REGULAR MEETING . / SAN RAFAEL ZONING ADMINISTRATOR /. / March 10, 1993 ' I EP92-77 /UP92-39 1833 Fourth Streeti Shell' Oil Company, owner; 'Ben Shimek of Petroleum Sales, Representativei District C/O-Pi AP0l1-231~24 and 011-231-25irequest use permit and design review for modifications to service station. (BT) Neil Sorensen, representing the owner, was present for the meeting. The Zoning Administrator stated that the project was a modificatiol'\ of the . existing trash enclosure area in order to add'H2 square feet to the sales area of . a gasoline station mini mart .. The subinitted plans show that the addition will match the existing bUilding with the same colors and materials. No other changes to the operation are proposed. ACTION TAKEN: CONDITIONAL APPROVAL , FINElTNGS: 1. Establishment and operation of the use,' as' presep.ted for approval; Will not, as conditioned, be detri.mental to the health, safety, peace, morals, . comfort, and general welfare of persons in the neighborhood in that the proposed addition is consistent with all applicable GeneraI Plan and zoning requirements and incorporates safety measures as recommended by the City's Public Works Department and the County Health Departinent. 2. The proposed use complies with the San Rafael General Plan Land Use Policy tU:-43, which states that existing commercial uSes along the Miracle Mile shall be retained and upgraded. CONDITIONS OF APPROVAL: 1. The building techniques, materials, elevations, and appearance ofthis project, as presented for approval, shall be the same as required for the . issuance of a building permit, Any future additions, expansions, remodeling, etc., shall be subject to the review and approval by the Planning Department. 2. . Prior to the issuance of a building permit, the owner or applicant mUst submit a detailed floor plan to the environmental HeaIth Services Agency. The plan mUst show that all the basic health code reqUirements related to a retail food facility are being met. . 3. The toilet room shall comply with' the, requirements fbr disabled accel)S , 1 SRZA MINUTES 3/10/93 • > .' , I / I .. , . ( 4. The parking lot shall have at ieast one ~pace for the disabled. The space shall be IOCFlted as required by state law. 5. No change is approved to the cutrent hours of operation. 6 . This permit shaIl' be valid for a period or one year from the date of approval or March 10,.1994; and shall become null and void if a building permit i,s not issued or an extension granted.' .. P93-11 · 757 l incoln Avenue, #22; Cec;cotti Realty, owner; Mike Pemoni, R,epresentative; dis4'kt I; AP 13-031-30 &·31; request use permit for sheetmetal fabdcatiqn .. (ET) Elairle To Chantry Bell and Mike ··Pedroni attended !he meeting. The project is cribed as a sheetmetal fabrication/ contracting business, occupying ,a 1,056 . ft. space within an existing building (zoned 1) at 757 . Liricoln Avenue, S Rafael, CA 94901. The Zoning Administrat has reviewed conditions o( approval required by the City's Police, Planning, affic Engineering, City Engineering, .and Fire Department. . DiScussion: Number of employe ACTION TAKEN: COND ONALAPPROVAL Findings: 1. The proposed use is in accord with the Gene Plan, the objecfives of the . Zoning Ordinance, and the purposes of the distri in which the site is located. 2. The proposed use, together with the conditions ap . cable thereto, will not be detrimental to the public health, safety,or welfare, 0 materially injurious to properties or imprQvemen~s in the vicinity, or to the g . eral welfare; of theClty. .' 3. A two person sheet metal fabrication shop at this location wi ot be detrimental to the public health,safety, or general welfare, Itor a ersely affect the adjacent ilsesin that all work will be performed inside the uilding, adequate on site parking is provided, and the number of employees i . ited. 2 SRZA MINUTES 3/10/93 14.16.270 -Nonconforming struCtures and uses .. A. Purpose. Within the districts est!lblished by this title or. amendments thereto, there exist structures, uses ofiand, and characteristics of use which were lawful prior to the adoption of or amendment to this title, but which fail, by reaSon of such adoption or amendment, to conform to the present requirements of the zoning district. It is the purpose of this title to: 1. Permit nonconforming structures to remain and to allow for their regular maintenance and repair, under the regulations herein contained; 2. limit the number and extent of nonconforming structures by prohibiting their being moved, altered or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this title, and by regulating their restoratioh after major damage; 3. Limit the number and exteht of nonconforming uses by regulating their enlargement, their re- establishment after abandonment and their restoration after major damage of the structures they occupy. B, Continuation of a Nonconforming Structure or Use. The lawful use of a structure or land, in existence and lawfully operating, although such structure or use does not conform to the regulations for the district In which it is located, may be continued provided that 1. Such structure or use was legally irJ,existence at the time of the passage of the ordinance codified in this title; Or; 2. Such structure or use was legally in existence at the time of the adoption of any amendment to this . .. title, but by such amendment such structure or use is not otherwise permitted; or, 3. ,Such structure or use was legally ih existenceat the time of annexation to the city, and has since been in regular and continuous use. Change of ownership, tenancy or management of a nonconforming structure use shall not affect its status as a legal, nonconforming structure or use. c. . Regulations Pertaining to a Nonconforming Structure. 1. Ordinary maintenance and repairs may be made to a nOhconforming structure as required to keep the structure in sound condition. 2. Alterations and additions may be made to a nonconforming structure provided that there shall be no increase in the discrepancy between existing conditions and the standards for the district. 3. . No nonconforming structure Shall be moved unless at Its new location it conforms to the standards for the district. 4. A nonconforming structure damaged or destroyed to the extent of seventy-five percent (75%) or Jess of the current market value may be repaired 'or replaced in its existihg location, provided such restoration is started within a period of one (1) year and is diligently prosecuted to completion. 5. A nonconforming stn gle-family residential structure dpmaged or destroyed to the extent of more than seventy-five percent (75%) of the curre~t market value may be repaired or replaced provided a . building permit is obtained for such restoration within a .period of one (1) year, the restoration is diligently prosecuted to completion and the structure is made to conform to all regulations of the district in which it is located; or, to the original condition provided that the building size is no greater than that which existed and the design is similar. An ildministrative design permit is required for any design changes . Such design changes 5hould Improve the architectural design of the structure or site design of the development. 6. All other nonconforming structures damaged Qr destroyed to the extent of more than 'seventy-five percent (75%) ofthe current market value may be repaired or replaced provided a use permit is . . ::!:::t~:n ::,:: ~J;'" ~~::r. :--~ct::-2:::0 ;' '::i~hi~"';,3 ~~~·i:):: '::~ ::::::: (':j ~'':'3 :, :~~'t~;3~i (,!l:=: drE g~n;,!~1 :::(,~~,=,:,_~:~~,=: 1:':' completion and the structure is made to conform to an regulations of the district ih Which it is located; or, to the original condition provided t hat a use permitls issued by the planning commission after finding that a. The Pilrking is consistent with Chapter 14,18, Parking Standards, and the design is compatible with the neighborhood in which it is located. b. In the commercial, office, mixed-use or industrial districts, no intensification of use is proposed.' O. Regulations Pertaining to a Nonconforming Use. 1. All use permits which were valid at the time the ordinance codified in thi s title went into effect shall be valid and remain in force and effect for the terms and SUbJect to the c.onditions contained therein; 2. A nonconforming use shall not be permitted to increase in intensity of operation. An increase in intensity shall include, but not be limited to, extended hours of operation, substantial remodeling or an increase in number of seats or service.area for bars and restaurants. 3. The nonconforming use of a str ucture or portion of a structure shall n ot be expan ded into any other portion of the structure. Tl1e nonconforming u se of land shail not be expanded or extended in area nor. changed except to a conforming use. Nonconforming uses inherently consumptive of land (e.g., quarries) may be expanded, to the extent permitted by permits and other regulations in effect at the time of use approval. 4. The nonconforming use of a structure may be .clianged to a use of the same or more restricted na t ure; provided, that a I,lse permit shall first be obtained. 5. If th e nonconforming use of a structure ceases for a continuous period of twelve (12.) months, it shall be considered abandoned and Shall thereafter be used only in accordance with the regulations for the distrkt in which it is located . Abandonment or discontinuance shaH include ce ss ation of a use for any reason, regardless of intent to resume the use. 6. If any structure which is occupied by a nonconforming use is hereafter removed, the subsequent use of land on which such struct ure was located and the subsequent location and use of any structure thereon shall b e in co 'nformity with the regulation specified by this title for the zoning district in which such land is located. 7. No use which i.s accessory to a principal nonconforming use shall continue after such principal \Jse shall cease or terminate. 8. A structwre occupied by a nonconforming use which is damaged or destroyed to the extent of less than fifty percent (50%) of the current market \falue may be restored and the nonconforming use may be resumed; prol,(ided, that a diligent effort to rebuild has been demonstrated Within six (6) months and restoration is diligently pursued to comp·letion. 9. A structure occupied by a nonconforming use which is damaged or destroyed to the extent offifty percent (50%) or more of the current mijrket value may be restored (subject to the limitationS of subsection C above) and the subsequent use of land on which the structure was located shall be in conformity with the regulations specified by this title for the zoning district in which such land is located. 10. Legal dwelling units, existing or approved as of JC!nuary 1, 1991, shall be considered conforming uses, except for such units in the marine, light industrial/office districts, and industrial districts, and for single-family units in downtown mixed-use districts. These units are subject to the . provisions of Section 14.16.060. E. Determination of Value. Estimijtes for the purpose of determining the extent of damage or partial destruction shall be made by or shall be reviewed and approved by the planning director. (Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A. § 52, 6-21-10) REPORT TO PLANNING COMMISSION" Case No: INF16"054 Page 3 entertainment activities, and restaurants. New parking areas are strongly encouraged. Limits on drive"up facilities and late"night activity protect the livability in the West End Village , and promote an attractive pedestrian setting. 14 .05.022 -Land Use Regulations Downtown Zoning Districts-The land use table for WEV zoning does not currently allow for fueling statiohs. Other districts in the downtown zoning do currently allow fueling stations (such as the HO, 2/3MUE/sflfI-.2/3MUW and 5MR/O Districts), subject to a Planning Commission level Use Permit. . . As noted above, when the current fueling station and mini mart does have a use permit, when the mini mart was added to the site in 1983. 14.16.160,Fuel and service stations , This section requires a Use Permit, or amendment to an 3 yj£tin;) i.J£3 Pe-:Tnit. f~r :!:1~' ns·_·:!~' :.,n~:ru:t e d fu3! ~t 3~:onl ~e:)~'3ni n d ~ft~r :tin~ (9 ; :-1~nih ~ ~f having ceased operation, or remodel to include nonautomotive retail sales. If the tear down and . rebuild is allowed, the project would need to amend the use permit 14.16.270, Nonconforming stEuctures and uses. -This section incllid\ls the fOllowing provisions related to -the non conforming uses and structures are contained in this section. This section identifies the 1) pl.!fpose, 2) provisions for continuation of non conforming useslstructures and 3) regulations for non-conforming structures, as follows: 14.16.270.A -Purpose. Within the diS.1ricts established I;;y this title or amendments thereto, there exist structures, l.(ses of land, and characteristics of use which were lawful prior to the adoption of or amendment to this title, but which fail, by reason of such adoption or amendment, to conform to the present requirements of the zoning district. It is the purpose of this title to : 1 .. Permit nonconforming s tructures to remain and to allow for their regular maintenance and repair, under the regt;/aiions herein cantained; 2 . Umit the number and extent of nonconforming structures by prohil;;iling their being moved, altered or enlarged in a manner that would inorease the discrepancy between existing conditions and the .standards prescribed in thiS title, and by regC}lating their restaratian after major damage; . . 3. Umit the number and extent of nohcbnforming uses by regulating their enlargement, their re-establishment after abandonment and their restorlltion aftf1f major damage of the structures they occupy. 14,16.270. C • Continuation of Non Conforming Structure or Use. The lawful use of a structure or land, in existence and lawfully operating, although such structure or use does not conform to the regulations for the district in which it is lo cated, may be continued provided that: . 1. Such structure or use was legally in ex istence at the time of th e passage of the . ordinance codified in this title; or, 2 . Such structure or us e was legally in existence at the time of the adoption of any amendment to this title, but by such amendment such structure or use is not otherWise permitted; or; 3. Such structure or use wa .s legally in existence at the time of annexation to the city, and has since .bf1en in r egular and continuous use. . Change of ownership, tenancy or management of a nonconforming structure use shall not affect its status as a l egal, nonconforming structure or use. REPORT TO PLANNING COMMISSION -Case No: INF16-054 Page4 14.16.270.0 -Regulations pertaining to Non Conforming Structure 1. All use permits which were va.lid at the time the ordinance codified in .this fitle went into effect shall be valid and remain in force and effect for the terms and subject to the conditions contained therein. 2. A nonconforming use shall not be permitted to increa,se in intensity of operation. . An inCrease in intensity shall include, but not be limited to, extfinded hours of operation, substantial remodeling or an increase in number of seats or service area for bars and restaurants. 3. The nonconforming use of " structure or portion of a structure shall not be expanded into any other portion of the structure. The nonconforming use of land shall not be expanded or fixtended in arfia nor changed except to a conforming USfi. 4. The nonconforming use of a structure may be changed to a use of the same or more restrictfid nature; providfJd, that a use permit shall first be obtained. 5. If the nonconforming use of a structure ceases for iii continuous periOd of twelve (12) months, it sha./I be considered abandoned and shall thereafter be used only in accordance with thfi regulations for the district in which it is located. Abandonment or discontinuance shall include cessation of a use for any reason, regardles!'! of intent to resume the use. 6. If any structure which is occupied by a nonconforming IJse is hereafter removed, the subsequent use of land on which such structure was located and the subsequent location and use of any structure thereon shall be in conformity .with the regulation specified by this title for the zoning district in which such land is located. . 7. No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or termin<Jte. 8. A structure occupied by a nonconforming use which is damaged or destroyed to the extent of less than fifty percent (50%)" of the current market value may be restored and the nonconforming use may be resUmed; provided, that a diligent effort to rebuild has be'en demonstrated within six (6) months and restoration is diligently pursued to completion. 9. A structure occupied by a nonconforming use which is dama.g(}d Or destroyed to the extent of fifty percent (50%) or more of the current market value may be restored (subject to the timitqtioM of subsection C above) and the subsequent use of land on which the struoture was located shall be in conformity with the regulations specified by this title for the zoning district in which such land is located.. . 10. Legal dwelling units, existing or ClPprovl3d as of January 1, 1991, shall be considered conforming uses, except for sucr units in the marine, light industrial/office districts, and industrial drstricts, and for single-family units in downtown mixed-use districts. These units are s~bject /0 the provisions of Section 14.16.060. Staff DiscUssion: In situations where a structure is .legally built or a use is Illgally established in confonnance with the rules at that time, but the rules subsequently change to not allow that use · or require different development standards, the structure or use is considered a legal, non-conforming use or structure . Legal noncconforming uses are allowed to remain, be used and maintained thrOL!gh ordinary maintenance of repair, regardless of changes in ownership. However, if they are ever re 'moved or cease to exist for longer than 1 year, the inlfJnt is the use would ncit be allowed 10 re-establish and the USfJ of the property is supposed to be replaced with a use that conforms to the current Zoning. , . , , REPORT TO PLANNJNG COMMISSION -Case No: INF16-054 Page 5 The intent behind that provIsion is that for a community to evolve and change to a new vision, non- conforming uses should bE) eliminat!'JeI if fhere is a significant enough of a change to the building . For that reas'on, the City in its wisdom has not a:Jlow fueling stations in the WEV District, so on a comprehensive tear down and rebuild, it would be time for the site . to be developed with a new use th"t conforms to current zoning. . In this particul"r case, the reason this question has arisen is that the proposal calls for demolishing the current fueling station and buUding a neW more modern fueling statioh and eXpansion mini m"rt. As noted above, the genetal intent is to get non conforming uses to meet current zoning, as they redevelop or cease operations. However, staff also finds merit with the continuation of the fueling station use at this sit!'J. First, this fueling station is at key location on major vehicular arterials and provides a convenience to the public. In addition, the use is fairly unique (fueling station) and reuse of fueiing stati0;1:; tv .:,th6;-t.r"pc.3 '::<~ L3c3 wul.::! jjru";c o.A:t ;-cmal;: difficult g:"\<"on th~. ~.n·\,:~r vj'H'Ti::it~1 cI::~j';up thu~ co u id be required to allow for other types of uses. Furthermore, if this use is not allowed to rebuild into a more modern facility, it is possible that the current st"tio'n woulQ remain "hd continue to degrade in appearance and that would be "lIowed under the non-conforming pr0visions that allow continued use and operation and maintenance of a facility. The non-conforming provisions also are not completely clear, which has resulted in this request for a determination. • Section 14.16.270.0.1 states that all use permits which were valid When the new land use rules wen! into effect shall remain valid and in full force. That means sihce the site does has a Use 'Permit from 1983, which allows and recognizes a fueling station and small convenience store. This section leads one to find that since there is a use permit, it can continue. • 14.16.270.D.4 states that a nonconforming use of a structure may be changed to a use of the same or more restricted nature; provided, that a use permit shall first be obtain .ed. • 14.16.270.D.6 states that if a structure occupied by a non-conforming use is removeel, the new use shall meet the .current regulations . However, as this fuel station has an existing use permit, Exhibit 3, (UP92-39) staff is under the impression that the uSe m"y be a.flowed to continue in consistency with section 1, but this determination would need to be made by the Planning Commission. • One oth(Jr consideration is that if It renovation is allowed to continue, one component of the proposal for redevelopment is to expand the mini mart on the site. Expansion of a non-conforming uses are not typically allowed (14.16.270.0.2), and that should be co"nsidered in the determination. Given that the site eloes have a Use Permit, albeit dated, and the fact that the use would hot generally oh.mge ,-it does seem appropriate to allow the site to be redeveloped and allow the use to be continued subject to a Use Permit to review potential impacts. It is important to note that th(J scope of this r(Jview and discussion is solely related to the non confomning provisions . This is not a full review of the , merits of the project, or consistency with all development standards and design guidelines , zoning ordinance or General Plan. A full proje.ct review will be c\,nducted, if and when a formal application is submitted.' Therefore, the Commis$ion is requesteq to consider this situation and provide a determinatiori of whether the use "an be allowed to continue, should the site be redeveloped. REPORT TO PLANNING COMMISSION -Case No: INF16-054 Page 6 If the Commission determines that the use can continue , the applicant will then submit the requ ired plar.ming 1)pplications (Design Review and Use Permit amendment) If the Comm i ssion determines that the use cannot be allowed continue, the applicant will have to either • Drop the project and maintain the current station or • Propose redevelopment of the .site with another use that is consistent with zoning ; or • Request a zoning text amendment to have the City consider allowing fueling stations in the WEV zone. Although this is not a specific develQpm.;mt application, notice of hearing for the determination was . conducted in accordance with noticing requirements contained in Chapter ·29 of the Zoning Ordinance, although this item is not required to be noticed. A Notice of Public Hearing was mailed to all property owners and occupants within a 300-foot radius of the subjed site and the Chamber of Commerce and Business Improvement District, and all other interested parties, 15 calendar days prior to the date of this hearing. . .No public correspondence has been received as of January 4,2017. The Planning Commission has the following options: 1. Make a determination that the rebuilding of an existing legal , non-conforming fueling station can be allowed; or 2. Determine that the once the legal, non conforming fueling station is demolished, any new use of the site must comply with current zoning lI;XHI81"FS 1. Vicinity/Location Map 2. Letter from applicant, October 24 , 2016 3. EXisting Use Permit (UP92-39) . 4. San Rafael Municipal Code Section 14.16.270 (non-conforming structures and uses) Meeting Date: January 10, 2017 SAN RAFAEL Agenda Item: 4 THE CITY WITH A MISSION Case Numbers: P16-011 / Coonmuniltv Development Department -Planning Division Project Planner: Raffi Boloyan (415) 485-309 m~-, REPORT TO PLANNING COMMISSION SUBJECT: Annual Meeting of Planning Commission to include: a) election of officers; and b) review of Planning Commission "Rules and Procedures"; EXECUTIVE SUMMARY The Annual Meeting of the Planning Commission is required to elect the Chair and Vice Chair officers for the calendar year. The Annual Meeting also provides the Commission an opportunity to review and consider adoption of revisions to the Planning Commission's "Rules and Procedures." The Rules and Procedures were last amended by the Commission at their January 2009 annual meeting and no changes are recommended by staff at this time. RECOMMENDATION It is recommended that the Planning Commission take the following action: a) Elect a new Chair and Vice Chair for 2017; and b) Confirm that no changes are proposed or required to the "Rules and Procedures;" BACKGROUND AND ANALYSIS Election of Officers: Section II.E of the Planning Commission "Rules and Procedures" requires that the Planning Commission conduct an annual meeting to select officers (Chair and Vice Chair) for the calendar year. The Annual Meeting is defined as the "first meeting of the calendar year," which for this year isn't until January 1 oth for the 2017 calendar year. The office of the Chair and Vice Chair is rotational with selection based on seniority or tenure of service. Per the Rules and Procedures, generally, a Commissioner shall not serve as a Chair more than once in seven consecutive years. See attached Exhibit 1, which lists the appointment dates and past service as chair by each of the Commission members. Vice Chair Belletto is next-in-line to serve as Chair. Commissioner Belletto served as Vice Chair this past year and has never served as Chair. Since he is the current Vice Chair, the rules and procedures dictate that Commissioner BEliett is to be the next Chair. In order to determine the next Vice Chair, the same rules and procedures for Chair apply to Vice Chair. There are three Commissioners who have not served as Chair in the past 7 years (Commissioner's Belletto, Davidson and Loughran). Commissioner Belletto is slated to serve as Chair this upcoming year. Of the remaining two, both have never served as an officer (Chair or Vice Chair). Commissioner Davidson has the most tenure of the two. Therefore, the Commissioner with the most tenure of service that is also eligible to serve as Chair (will not have served more than once as chair in past seven years) is Commissioner Davidson and would be the next eligible Vice Chair for 2017. REPORT TO PLANNING COMMISSION Page 2 If a Commissioner is not interested in serving as an officer and there is limited tenure among the other Commissioners, then a Commissioner can be appointed as an officer more than once in seven years. Consideration of Revisions to Planning Commission "Rules and Procedures": As noted above, the Planning Commission Rules and Procedures were last modified at the 2009 annual meeting (1/27/09). Over this past five years, staff has not heard and specific comments or suggestions from the Commission for modifications to the current "Rules and Procedures." The Rules and Procedures were reviewed by the Commission annually between 2010 and 2016 and no changes were recommended. At this time, Staff does not recommend any changes. In addition, staff distributed the current Rules and Procedures to the Commission on December 13, 2016 and staff has not received any comments or suggested modifications. Therefore, the current rules should remain in their current form and be used for the upcoming calendar year. A copy of the current Rules and Procedures are attached (Exhibit 2). If there are changes that the Commission would like to consider, these can be discussed at the annual meeting and if the majority of the Commission would like to make the changes, staff can return with the appropriate revisions at a subsequent meeting. Selection of Commissioners for ORB Liaison: The annual meeting also provides an opportunity to select Commissioners to serve as a liaison at the Design Review Board meetings for the calendar year. Commissioners (with the exception of the new Chair) are requested to serve as liaison in two month increments, which involve attendance at up to four, regular DRB meetings during the two selected months of service. Therefore, the Commission, except for the new Chair, should select a 2 month block to serve as liaison. Liasons were selected at the December 13,2016 meeting (assuming election of Commissioner Belletto as Chair) and a copy of the assignments is attached (Exhibit 3). OPTIONS Regarding the "Rules and Procedures," the Planning Commission has the following options: 1. Continue this upcoming year with the current "Rules and Procedures" as adopted on January 27, 2009 (staff recommendation). 2. Identify areas for further study and direct staff to return with recommended revisions to the "Rules and Procedures" for action at a future meeting 3. Modify the "Rules and Procedures" for review and direct staff to return with revised document for consideration at a future meeting. EXHIBITS 1. Table Listing Planning Commissioners, Tenure and Chairpersonship 2. Current Planning Commission "Rules and Procedures," adopted January 27, 2009 3. Planriing Commission liaison assignment to DRB meetings, 2017 WIPlanninglPLANNING COMMISSIONlRules and Proceduresl2017 Review (P16-011)IPC Report -Annual Mlg- Election of Officers and Review of Rules and Procedures_12.13.16.doc Commissioner Gerald Belletto Mark Lubamersky Larry Paul Berenice Davidson Jack Robertson Barrett Schaefer Sarah Loughran EXHIBIT 1 San Rafael Planning Commission History of Tenure and Chairpersonship First Appointed to Years Served as Commission Chairperson 2/2013 None 10/2012 Chair 2016 7/2002 Chair 2005 Chair 2013 6/2015 None 7/2011 Chair 2014 8/2012 Chair 2015 11/2016 None Years Served as Vice Chair Vice Chair 2016 Vice Chair 2015 Vice Chair 2004 Vice Chair 2012 None Vice Chair 2013 Vice Chair 2014 None W:\Planning\PLANNlNG COMMISSION\PC Agendas\2017\0l.10.17\4. PC Annual Meeting\Exhibitl- PC-T enureAndChairpersonshipTable_01.10.17.doc PLANNING COMMISSION RULES AND PROCEDURES CITY OF SAN RAFAEL Revisions Adopted at Annual Planning Commission Meeting of January 27, 2009 I. Organization and Officers A. Organization I. The Planning Commission shall consist of seven regular members appointed by the Mayor with the approval of the City Council and shall be organized and exercise such powers as prescribed by the City Charter and by the San Rafael Municipal Code (City Code). 2. The term of the Commission members is four years with a staggered expiration schedule. 3. Vacancies on the Commission for other than expiration will be filled by appointment for the un-expired portion of the term. 4. If any Commissioner should have three consecutive, unexplained absences from regular meetings of the Planning Commission as shown in the roll call of the official minutes, the Chair may recommend to the City Council that the seat be relinquished. 5. If any Commissioner wishes to request a leave of absence for three to six consecutive meetings, the request shall be made to and approved by the Chair. A request for a leave of absence for more than six consecutive meetings shall be made to and approved by the City Council. B. Officers 1. Selection a. A Chair and Vice-Chair shall be elected from among the Commission's membership at the Annual Meeting held the first meeting of the calendar year, to serve for a one year period. It is intended that the Chair and Vice-Chair be rotated among the Commissioners based on tenure, as defined by total years of service. In the event the years of service are identical, tenure will be determined in alphabetical order. It is the general rule that a Commissioner shall not serve as Chair more than once in seven consecutive years. However, in the event that: I) a position is vacated; 2) a Commissioner is not interested in serving as an officer; or 3) there is limited tenure among the other Commissioners, then a Commissioner can be appointed as an officer more than once in seven years. b. The Vice-Chair shall serve as Chair in the following year. c. The Chair and Vice-Chair may not succeed themselves. However, in the event that the current Chair or Vice-Chair has served less than a year, the Commission may choose to re-elect her/him for an additional term. d. The Vice-Chair shall succeed the Chair if he/she vacates the office, and shall serve the un-expired tenn of the Chair. The Commission shall elect a new Vice-Chair to serve the un-expired term of that office. Selection shall be based on seniority. e. In the absence of the Chair and Vice-Chair, the member of the Commission with the longest tenure, as defined by total years of service, shall preside over the meeting. In the event that the years of service are identical, seniority will be determined by alphabetical order. 2. Responsibilities The responsibilities and powers of the officers of the Planning Commission shall be as follows: a. Chair -Preside at all meetings of the Commission. -Call special meetings of the Commission in accordance with legal requirements and the Rules of Procedure. -Sign documents of the Commission. -See that all actions ofthe Commission are properly taken. -Assist staff in determining agenda items. -The Chair shall be an ex officio member of all committees with voice but not vote. b. Vice-Chair During the absence, disability or disqualification of the Chair, the Vice-Chair shall exercise or perform all the duties and be subject to all the responsibilities of the Chair. C. Duties and Powers 1. The Planning Commission shall have the power to recommend to the City Council, after conducting a public hearing, the adoption, the amendment or the repeal of a General Plan, a Neighborhood or Specific Plan, the Zoning Ordinance of the City Code, or a site-specific master plan for a Planned Development (PD) District, or any part thereof, for the physical development of the City. 2. The Planning Commission shall exercise such functions with respect to environmental review, land subdivisions, land use and planning, design review, and zoning, as may be prescribed by City Code, City resolution, and State law. 3. The Commission shall advise the City Council on those matters falling within its charged responsibilities in a manner reflecting concern for the overall development and environment of the City as a setting for human activities. D. Rules of Order Except as otherwise provided in these Rules of Procedure, "Roberts Rules of Order, Newly Revised" shall be used as a guide to the conduct of the meetings of the 2 Planning Commission, provided, however, that a failure of the Commission to conform to said rules of order shall not, in any instance, be deemed to invalidate the action taken. II. Meetings A. Public Meetings All meetings shall be held in full compliance with the provisions of state law, ordinances of the City and these Rules of Procedure. B. Regular Meetings I. Regular meetings shall be held on the second and fourth Tuesdays following the first Monday in each month, at 7:00 p.m. in the Council Chambers of the City Hall, unless otherwise determined by the Commission. All regular meetings must be held within the city limits of San Rafael. 2. Whenever a regular meeting falls on a public holiday, no regular meeting shall be held on that day. Such regular meeting may be rescheduled to another business day, or canceled by motion adopted by the Planning Commission. All meetings must be held within the city limits of San Rafael. 3. A meeting of the Commission may be canceled by the Chair for lack of a quorum, no pending business, or any other valid reason. Such cancellation may be made at any time prior to the scheduled meeting. All efforts shall be made by the Community Development Department staff to notify those involved at the earliest possible time. Prior to the scheduled meeting, the Community Development staff shall post a cancellation notice on the City of San Rafael public hearing board, the City website and at the prescribed location of the meeting. C. Adjourned Meetings In the event it is the wish of the Planning Commission to adjourn its meeting to a certain hour on another day, a specified date, time, and place must be set by a majority vote of the Commissioners present, prior to the regular motion to adjourn. D. Special Meetings Special meetings of the Planning Commission may be held at any time upon the call of the Chair or by a majority of the voting members of the Commission or upon request of the City Council following at least 24 hours notice to each member of the Commission and to the press. The time and place of the special meeting shall be determined by the convening authority. At least 24 hours prior to the scheduled special meeting, the Community Development staff shall post a notice of the meeting on the City of San Rafael public hearing board, the City website and at the prescribed location ofthe meeting. E. Annual Meeting 3 The Annual Meeting of the Planning Commission will be held at the first meeting of the calendar year. The meeting will be devoted to the election of a Chair and Vice-Chair for the ensuing year and any other business scheduled by the Commission. F. Study Sessions/Workshops 1. The Commission may be convened as a whole or as a committee of the whole in the same manner as prescribed for the calling of a special meeting for the purpose of holding a study session, provided that no official action shall be taken and no quorum shall be required. 2. Such meetings shall be open to the public. G. Notification Public Hearings and Discussion Items - Notice of the time, placel items to be considered and action pending shall be given in accordance with the requirements of the City Code and State Law. H. Agenda 1. An agenda for each meeting of the Commission shall be prepared by the Community Development Director or staff in consultation with the Chair. 2. A staff report shall be prepared for each item and-distributed to the Planning Commission and made available to the public a minimum of 72 hours prior to a regular meeting. 3. A copy of the agenda shall be posted in City Hall 72 hours before a regular meeting. 4. Items not appearing on the agenda cannot be acted upon or discussed by the Commission. However, the Commission may take action under the following circumstances: a. If the Commission finds, by majority vote, that an emergency situation must be addressed. An "emergency situation" is limited to work stoppages and crippling disasters; b. If by a two-thirds vote (or a unanimous vote if two-thirds of the members are not present), there is a need to take immediate action and the need for action came to the attention of the Commission and staff after the agenda was posted. Prior to discussing such items, the Commission shall publicly identify the item and shall provide the public an opportunity to provide comment on the item. 5. Members of the public may address the Commission on any agenda item, and may, at the beginning of the meeting, address the Commission on any issue that is not listed on the agenda, provided that the issue is within the jurisdiction and powers of the Planning Commission. 4 I. Order of Meetings I. The Order of business shall be as follows: a. The Chair shall take the chair at the hour appointed for the meeting and shall immediately call the meeting to order. b. The Chair shall lead a pledge of allegiance. c. Members present and absent shall be recorded. d. The order of the agenda shall be approved as submitted or revised by a majority vote of the Commissioners present. e. The public shall be advised of the procedures to be followed in the meeting including the protocol and time frames for public comment. f. Any member of the audience may comment on any matter which is not listed on the agenda. g. The minutes of any preceding meeting shall be submitted for review and approval by a majority vote of the Commissioners present at that preceding meeting. h. The Commission shall then hear and act upon those proposals scheduled for consideration or public hearing. 1. Director's Report. J. Commission Communications. k. Adjournment. 2. Presentation or Hearing of Proposals The following shall be the order of procedure for hearings/discussion items concerning planning and zoning matters: a. The Chair shall announce the subject of the public hearing/discussion item, as noticed. b. If a request is made for continuance, a motion may be made and voted upon to continue the public hearing to a definite time and date (noticing not required) or a time and date to be determined (re-noticing required). c. Order of Speaking. The order of speaking shall be as follows: I. Staff provides a report on the project and summarizes its compliance with San Rafael's General Plan, compliance with State laws and the City Code, the status of environmental review, and the staff recommendation for action( s) by the Commission. 2. The public hearing is opened. 3. The applicant makes a presentation to the Commission. 4. The public speaks to the Commission. 5. The Commission obtains final facts or clarification from staff, the applicant or the public. 5 6. The public hearing is closed. 7. The matter is returned to the Commission for discussion and action. d. Rules of Testimony The rules of testimony shall be as follows: 1. Upon opening the public hearing, the Chair shall invite the public to speak by inviting each speaker (one-at-a-time) to approach the podium. On large or controversial projects where many people wish to provide public testimony, the Chair may request that speaker cards be filled-out and submitted. 2. Persons presenting testimony to the Commission are requested to identify themselves by name and place of residence. 3. Persons presenting testimony to the Commission shall be limited to three (3) minutes for their presentation. An extension of this time limit may be granted at the Chair's discretion. 4. If there are numerous people in the audience who wish to participate on the issue and it is known that all represent the same opinion, a spokesperson should be selected to speak for the entire group. At the Chair's discretion, the spokesperson may be granted additional time beyond the three (3) minute limit for his or her presentation. 5. To avoid unnecessary repetitive evidence, the Chair may limit the number of speakers or the time on a particular issue. 6. Irrelevant, defamatory, or disruptive comments will be ruled out of order. 7. No person shall address the Commission without first securing the permission of the Chair. 8. All comments shall be addressed to the Commission. All questions shall be made or directed through the Chair. e. Applicant Presentations Applicant presentations shall comply with the guidelines developed by the Planning Commission. Applicants shall be limited to a maximum of ten (10) minutes for their presentation, inclusive of all members of the applicant's team (if applicable). An extension of this time limit may be granted at the Chair's discretion. J. Motions 1. A motion to adjourn shall always be in order except during roll call. 2. The Chair of the Commission, or other presiding officer, may make and second motions and debate from the Chair subject only to such limitations of debate as are imposed on all members of the Commission. K. Voting 1. Voting Requirements a. A quorum shall consist of four members. 6 b. The affirmative vote of a majority of the quorum present is necessary for the Commission to take action on all matters other than those listed under Section c below. c. Certain votes of the Commission require a majority vote of the entire Commission (4 votes) to carry. These are: • Adoption or amendment of a General Plan or any part thereof. • Adoption or amendment to any Neighborhood or Specific Plan or any part thereof. • Adoption or amendment to the Zoning Ordinance of the City Code or amendment thereto. • Adoption or amendment to a site-specific master plan for a Planned Development (PD) District. • Other actions as required under federal or state law. (These will be dealt with as they arise.) d. When a member of the Commission abstains from voting on any matter before it because of a potential conflict of interest, because the Commissioner does not believe he/she can be objective, or because the Commissioner was absent at any previous hearing on an item, said vote shall not constitute nor be considered as either a vote in favor of or opposition to the matter being considered. Abstentions shall not be allowed for any other reason. e. A tie vote shall be recorded as a failure of action to pass. A tie vote on a motion defeats the motion. 2. Roll Call Vote Any Commissioner, the applicant or an appellant can request a roll call vote. 3. Recording of Votes The minutes of the Commission's proceedings shall show the vote of each member, including whether they were absent, abstained from voting, or failed to vote on a matter considered. 4. Disqualification from Voting A member shall disqualifY himselflherself from voting in accordance with the State Political Reform Act and other applicable state law. When a member is disqualified, he/she shall state, prior to the considerations of such matter by the Commission that the member is disqualifying himself/herself due to a possible conflict of interest and shall then leave the voting area. III. Review and Amendments Procedure A. These Rules of Procedure shall be reviewed at the Annual Meeting of each year. On an ad hoc basis, the chair may appoint a subcommittee to review these rules prior to the meeting. The review subcommittee shall present their recommendations for 7 amending or not amending these rules. Minor changes may be brought forward by staff for the Commission's consideration. B. In addition, these Rules of Procedure may be amended at any meeting of the Planning Commission by a majority ofthe membership ofthe Commission provided that notice of the proposed amendment is received by each Commissioner not less than 5 days prior to said meeting. (Approved May 9, 2000. Revised February 26, 2002, December 14,2004, May 29,2007, January 27, 2009) R:\Comm Development-Resource\Planning\Planning Commission\Rules and Procedures\2009 Review\PC Rules and Procedures - Adopted Revisions 1-27-09.doc 8 DESIGN REVIEW BOARD MEETINGS -2017 LIAISON Months Commission Liaison January 4 (Wed) & 18 (Wed) February 7 & 22 (Wed) Lubamersky March 7 & 21 April 4 & 18 Robertson May 2 & 16 June 6 & 20 Schaefer July 5 (Wednesday) & 18 August 8 & 22 Davidson September 6 (Wednesday) & 19 October 3 & 17 Paul November 7 & 21 December 5 & 19 Loughran Notes: • Chair does not serve as liaison • All DRB meetings are the 15t and 3 rd Tuesday of each month, starting with the first full week (a week includes a Monday). • All dates above are Tuesday's except as noted. If there is a holiday on Monday, the DRB meeting gets pushed to Wednesday for that week.