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HomeMy WebLinkAboutPlanning Commission 2016-03-15 Agenda Packet AGENDA SAN RAFAEL PLANNING COMMISSION REGULAR MEETING TUESDAY, March 15, 2016, 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 1400 FIFTH AVENUE SAN RAFAEL, CALIFORNIA  Sign interpreters and assistive listening devices may be requested by calling 415/485-3085 (voice) or 415/ 485-3198 (TDD) at least 72 hours in advance. Copies of documents are available in accessible formats upon request.  Public transportation to City Hall is available though Golden Gate Transit, Line 20 or 23. Paratransit is available by calling Whistlestop Wheels at 415/454-0964.  To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products. Any records relating to an agenda item, received by a majority or more of the Agency Board less that 72 hours before the meeting, shall be available for inspection in the Community Development Department, Third Floor, 1400 Fifth Avenue, and placed with other agenda-related materials on the table in front of the Council Chamber prior to the meeting. THE PLANNING COMMISSION WILL TAKE UP NO NEW BUSINESS AFTER 11:00 P .M. AT REGULARLY SCHEDULED MEETINGS. THIS SHALL BE INTERPRETED TO MEAN THAT NO AGENDA ITEM OR OTHER BUSINESS WILL BE DISCUSSED OR ACTED UPON AFTER THE AGENDA ITEM UNDER CONSIDERATION AT 11:00 P.M. THE COMMISSION MAY SUSPEND THIS RULE TO DISCUSS AND/OR ACT UPON ANY ADDITIONAL AGENDA ITEM(S) DEEMED APPROPRIATE BY A UNANIMOUS VOTE OF THE MEMBERS PRESENT.APPEAL RIGHTS: ANY PERSON MAY FILE AN APPEAL OF THE PLANNING COMMISSION'S ACTION ON AGENDA ITEMS WITHIN FIVE BUSINESS DAYS (NORMALLY 5:00 P.M. ON THE FOLLOWING TUESDAY) AND WITHIN 10 CALENDAR DAYS OF AN ACTION ON A SUBDIVISION. AN APPEAL LETTER SHALL BE FILED WITH THE CITY CLERK, ALONG WITH AN APPEAL FEE OF $350 (FOR NON-APPLICANTS) OR A $4,476 DEPOSIT (FOR APPLICANTS) MADE PAYABLE TO THE CITY OF SAN RAFAEL, AND SHALL SET FORTH THE BASIS FOR APPEAL. THERE IS A $50.00 ADDITIONAL CHARGE FOR REQUEST FOR CONTINUATION OF AN APPEAL BY APPELLANT. 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, February 23, 2016 PUBLIC HEARINGS 2. 104 Windward Way (Toyota of Marin) – Request for Environmental and Design Review Permit and Use Permit to allow Toyota of Marin to store 130-140 vehicles on a 43,150 square foot portion of the existing 99,800 square foot vacant lot on the east side of Windward Way. No structures are proposed on site. The site would be secured with an 8’ high perimeter cyclone fence and screened with 5 new trees and a variety of smaller shrubs. Also proposed are 7 light fixtures (25 feet in height) distributed within the project site. The project proposes to lease the lot for 5 years; APN: 009-330-01; Multi-Family Medium Density Residential (MR2) Zoning District; Mike Christian, Toyota of Marin, applicant; Universal Portfolio, Ltd, owner. Project Planner: Caron Parker DIRECTOR’S REPORT COMMISSION COMMUNICATION: ADJOURNMENT: I. Next Meeting: March 29, 2016 II. I, Anne Derrick, hereby certify that on Friday, March 11, 2016, I posted a notice of the March 15, 2016 Planning Commission meeting on the City of San Rafael Agenda Board. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, February 23, 2016 Regular Meeting San Rafael Planning Commission Minutes For a complete video of this meeting, go to http://www.cityofsanrafael.org/meetings AGENDA REGULAR MEETING CALL TO ORDER PLEDGE OF ALLEGIANCE RECORDING OF MEMBERS PRESENT AND ABSENT Present: Barrett Schaefer Mark Lubamersky Gerald Belletto Berenice Davidson Larry Paul Absent: Viktoriya Wise Jack Robertson Also Present: Raffi Boloyan, Planning Manager PUBLIC NOTIFICATION OF MEETING PROCEDURES URGENT COMMUNICATION CONSENT CALENDAR: 1. Minutes, February 9, 2016 Gerald Belletto moved and Barrett Schaefer seconded to approve Minutes as presented. The vote is as follows: AYES: Barrett Schaefer, Mark Lubamersky, Gerald Belletto, Berenice Davidson, Larry Paul NOES: None ABSTAIN: None ABSENT: Viktoriya Wise, Jack Robertson PUBLIC HEARINGS 2. 39 Harcourt Street (Denning Garage Variance) – Request for a Variance to convert the existing two car garage to a one car garage and increase living space; APN: 010-185-02; R5 Zone; Jeff Kroot, Applicant; Judy Denning, Owner; Case Number: V15-005, ED16-010. Project Planner: Alan Montes (Continued from Planning Commission meeting of February 9, 2016) Project Planner: Alan Montes Staff Report Gerald Belletto moved and Berenice Davidson seconded to adopt resolution approving project. The vote is as follows: AYES: Barrett Schaefer, Mark Lubamersky, Gerald Belletto, Berenice Davidson, Larry Paul NOES: None ABSTAIN: None ABSENT: Viktoriya Wise, Jack Robertson 3. EIR Scoping Meeting for 930 Tamalpais Avenue (aka, Whistlestop’s Mission Plaza Project)The Application for this project was recently placed on hold by the Applicant. Therefore, the Hearing will NOT occur tonight and will be continued to a date uncertain. Project Planner: Kraig Tambornini Memos by Planner and Whistlestop COMMISSION COMMUNICATION ADJOURNMENT: ___________________________________ ANNE DERRICK, Administrative Assistant III APPROVED THIS_____DAY____OF_______, 2016 _____________________________________ Mark Lubamersky, Chair Community Development Department – Planning Division P. O. Box 151560, San Rafael, CA 94915-1560 PHONE: (415) 485-3085/FAX: (415) 485-3184 Meeting Date: March 15, 2016 Agenda Item: Case Numbers: ED15-077/UP15-033 Project Planner: Caron Parker (415) 485-3094 REPORT TO PLANNING COMMISSION SUBJECT: 104 Windward Way (Toyota of Marin) – Request for Environmental and Design Review Permit and Use Permit to allow Toyota of Marin to store 130-140 vehicles on a 43,150 sq. ft. portion of the existing 99,800 sq.ft. (2.29 acre) vacant lot on the east side of Windward Way. No structures are proposed on site. The site would be secured with an 8’ high perimeter cyclone fence and screened with 5 new trees and a variety of smaller shrubs. Also proposed are 7 light fixtures (20 ft. in height) distributed within the project site. The project proposes to lease the lot for 5 years; APN: 009-330-01; Multi-Family Medium Density Residential (MR2) Zoning District; Mike Christian, Toyota of Marin, applicant; Universal Portfolio, Ltd, owner. EXECUTIVE SUMMARY The project site consists of a large 99,800 sq. ft. (2.29 acre) parcel located on the east side of Windward Way, about 200 feet south of Bellam Blvd. A portion of this site (43,150 sq. ft.) is proposed to be used by Toyota of Marin for vehicle storage of between 130-140 vehicles (see Plan Sheet A1W). The 43,150 sq. ft. project site will be covered with gravel, except for a paved hammerhead section at the driveway entrance. There would also be seven (7) light poles on site at a height of 20 feet. The site would also have security cameras mounted on the light fixtures. In terms of design, the site will be enclosed with an 8’ high perimeter cyclone fence and landscaped along all sides to screen the site. Toyota of Marin is proposing to lease the site for 5 years. The project site is located in an MR-2 (Medium Density Residential) Zoning District and requires Planning Commission level Use Permit approval for the proposed use of the site as a parking lot, pursuant to Zoning Ordinance 14.04.020. The project was reviewed by the Design Review Board (DRB) on February 17, 2016. The DRB voted unanimously to recommend that the project be approved with modifications agreed to as consensus. Details of the Board’s review are presented on Page 8 of this staff report. Overall, staff is supportive of the proposed project with certain conditions of approval. However, staff has determined that further analysis of the following General Plan 2020 policies may be warranted based on the DRB’s review and comments: General Plan Policy CD-19 (Lighting): There are a total of seven (7) lights distributed throughout the lot. At the DRB meeting, questions were raised about potential impact of the new lights for off-site glare and potential impacts to wildlife. The applicant has submitted a Biological Constraints Report that includes mitigation measures to address potential impacts to wildlife in the vicinity (see further discussion in the General Plan consistency analysis section on Page 4 of this staff report. The applicant has revised the plans since the DRB meeting to lower the light standards from 25 ft. to 20 ft. tall; however, they did not address the lighting level, which have now become slightly higher due to the lower height of the light standards. Therefore, the Commission should review the lighting levels to determine if they are adequate or excessive. Staff notes that the lighting on site will be subject to a post-installation 90-day lighting review. REPORT TO PLANNING COMMISSION - Case No: ED15-077UP15-033 Page 2 RECOMMENDATION It is recommended that the Planning Commission adopt a Resolution approving the use of 43,150 sq. ft. of the 2.29 acre site for the temporary car storage of 130-140 Toyota of Marin vehicles. (see Exhibit 1: Draft Resolution) PROPERTY FACTS Site Characteristics General Plan Designation Zoning Designation Existing Land-Use Project Site: Medium Density Residential (6.5-15 units/acre) MR2 (Multifamily Residential) Vacant North: OS (Open Space) PD1562 (Planned Development) Vacant South: LI/O LI/O Commercial East: P (Park) P/OS Vacant West: LI/O (Light Industrial/Office) GC (General Commercial) Vacant/Commercial Site Description/Setting: The proposed project site is a vacant 99,800 sq. ft. (2.29 acre) lot located on the east side of Windward Way (see Exhibit 2- Project Vicinity Map). The project site sits near the end of a cul-de-sac at the terminus of Windward Way. Land uses adjacent to the project are vacant land and commercial businesses. To the north of the project site there are the residentially developed properties of Baypoint Lagoon, Spinnaker Point and the Rafael Bay Townhomes. Ecology House, a residential complex that provides rental housing for persons “disabled by chemical sensitivities and intolerance” is located at the northwest corner of Bellam and Catalina Boulevard (375 Catalina Blvd), over 300 feet away from the area of the parcel proposed for vehicle storage. BACKGROUND The project site is a vacant lot, but in past years, various planning entitlements and building permits have been granted to allow a wireless telecommunication facility to be installed on the existing PG&E transmission tower on the project site. In addition, there is associated equipment at the base of the tower ground supporting the wireless facility. No other development has been approved on site. PROJECT DESCRIPTION Toyota of Marin is proposing to use 43,150 sq. ft. of the 2.29 acre parcel at 104 Windward Way to store between 130-140 new vehicles. There will no car haulers on Windward Way. All loading and unloading is proposed to be conducted at the main dealership at 445 East Francisco, where the vehicles are serviced and detailed and then (if necessary) driven to the proposed overflow lot at 104 Windward Way. Cars are generally taken to the Windward Way lot by one driver, who returns with a new vehicle, or the employee is dropped off at Windward Way. The proposed project is described below:  Expected daily trips to Windward Way = 9 trips  Typical drop-off/pick-up times: 10:00 am – 7:30 pm  Hours of operation for the Windward Way storage lot: 9:00 am – 9:00 pm REPORT TO PLANNING COMMISSION - Case No: ED15-077UP15-033 Page 3 Site Plan: The proposed project site is located approximately 200 ft. south of the corner of Bellam and Windward Way on the east side of the street. The site would be accessed by a gate along Windward Way, located near the cul-de-sac. Landscaping: A total of five (5) new African Sumac trees are proposed for the main entrance area of the storage lot near the driveway gate. In addition, 162 shrubs (3 varieties) will be planted along the fence on the north, east and west elevations. Also, eight (8) vines are proposed to be spaced along the 8 ft. high black perimeter fence at the driveway entrance area (see Landscape Plan Sheet L3 and L4). Lighting: Seven (7) light poles are proposed at 20 ft. in height (see Plan Sheet PM-1 for light fixture location and Photometric Survey). Light levels (measured in “foot-candles” or Fc) proposed illustrate a maximum lighting level of 13.0 Fc directly under the lights, with an overall average of 3.9 Fc for the entire lot. The applicant indicated that the lights are on a timer, but remain on all night. ANALYSIS San Rafael General Plan 2020 Consistency: Staff has evaluated the project and found it to be generally consistent with the following applicable General Plan 2020 Policies and Programs:  Policy LU-14 (Land Use Compatibility): Design new development to minimize potential nuisance effects and to enhance their surroundings. The site is currently vacant and the use of the site as a parking lot is compatible with the existing adjacent businesses, which also have a portion of their lots used for parking. The proposed use is temporary (5 years lease) and would not preclude future use of the site for residential uses as designated in the General Plan. The proposed fencing would help screen the cars and the proposed landscaping would improve site aesthetics in the area.  Policy LU-23 (Land Use Map): The project site has a Land Use Designation of Medium Density Residential (6.5-15 units/acre). This designation encourages residential uses, plant nurseries, day care and public/quasi-public uses. Although a commercial parking lot is not specifically listed as a type of use in this land use designation, the City’s Zoning Ordinance allows a parking lot in Medium Density Residential zoning district, subject to a Use Permit .Therefore, although it is not a primary use intended for the Medium Density Residential land use designation, it is an acceptable use. In this particular case, given the limited traffic capacity in East San Rafael and the fact that this is a vacant lot with development potential, a temporary improvement and use such as a parking lot for vehicle storage is found to be an appropriate use. Staff has determined that the proposed project is generally consistent with Policy LU-23 given that: 1) the proposed project site is currently a vacant lot with no residential development plans; 2) the proposed project site is adjacent an LI/O Land Use Designation to the west and several operating commercial businesses to the south and west; 3) the proposed project site is located over 300 feet away from the closest residential property; 4) except for the proposed 20 ft. tall light fixtures, the project site is far enough south of Bellam Blvd. that the cars would not be immediately visible from Bellam Blvd; 5) the screening proposed for the site (fencing and landscaping) would help buffer visual impacts; and 6) the use is proposed as a temporary use (5 year lease). The proposed use of a 43,150 sq.ft. portion of the 2.29 acre site would not preclude future residential development potential on the site, which (based on the density allowed of 6.5-15 units/acre), would be a density range from 14.8 – 34.3 units on site.  Policy CD-10 (Non-Residential Design Guidelines): Ensure that new structures are visually compatible with the neighborhood. The proposed project would not add buildings to the project site, but would add fencing and lighting. The proposed 8 ft. tall fence is proposed to be REPORT TO PLANNING COMMISSION - Case No: ED15-077UP15-033 Page 4 green colored cyclone fence material, screened with trees, vines and landscaping. The landscaping will help soften the visual appearance of the perimeter fencing. The proposed lighting was revised from seven 25 ft. tall lights to seven 20 ft. tall lights. The reduced height will help minimize visual impacts from the light poles. The project site is located over 300 feet away from residential properties to the north and will therefore not be directly visible.  Policy CD-18 (Landscaping): Recognize the unique contribution provided by landscaping and make it a significant component of all site design. The project site is currently vacant and covered with weeds and gravel. The proposed project would improve the site by installing bio-retention areas and irrigated landscaping around the perimeter of the site.  Policy CON-10 (Impacts to Sensitive Habitats): Minimize Impacts to Sensitive Habitats. Even though the project site is vacant, has no trees and does not appear to be ecologically sensitive, it is adjacent to the Bay, wetlands and has the potential for importance to area wildlife. As such, after the Design Review Board hearing, staff requested that the applicant prepare a Biological Report to evaluate the site. On March 9, 2016, staff received a Biological Constraints Report from LSA Associates (see Exhibit 4). The LSA Report describes the project site as being covered by fill material, and having a “sparse to moderate cover by vegetation, consisting of non- native, ruderal (weedy) species such as Italian rye-grass (Festuca perennis), clover (Trifolium spp.), filaree (Erodium botrys) and cats-ear (Hypochaeris glabra).” Based on site observations, Page 1 of the LSA Report concludes that, “there is no evidence of wetland vegetation or other indicators of wetlands on the Site, nor is there evidence of burrows, other ground disturbance by small mammals, or bird nesting activity.” However, the LSA Report did state that marshlands adjacent to the site (approximately 200-300 feet eastward) support the endangered harvest salt marsh harvest mouse, and that the harvest mouse seeks refuge in uplands adjacent to the project site during high tidal periods. The LSA Report further indicated that during periods of high water, there would be a “remote possibility that this species possibly could occur as far east as the edge of the project site during periods of high water.” As such, Page 2 of the LSA Report does list mitigation measures designed to address the project’s potential impact to biological resources in the vicinity. These mitigation measures are included as Use Permit Condition of Approval #4 in the attached Draft Resolution (See Exhibit 2), and include requirements for: 1) pre- work surveys within 50 feet of the work area, 2) buffer zone requirements if nesting birds are found; 3) installation of temporary exclusion fencing along the eastern edge of the site during the site preparation period; 4) requirement to instruct all construction personnel of the sensitivity on adjacent lands; and 5) requirement for lights to have cutoff shields and non-glare fixture designs. With these mitigation measures in place, staff has determined that the proposed project is generally consistent with General Plan Policy CON-10.  Policy CON-11 (Wildlife Corridors): Preserve and protect areas that function as wildlife corridors. See discussion for Policy CON-10 above.  Policy CON-13 (Threatened and Endangered Species): Preserve and protect habitat for threatened and endangered species of plants and animals. The project site is near the Bay, wetlands and also within the boundary of Exhibit 38 of the General Plan (see Exhibit 5) which identifies approximate areas where Threatened and Endangered Species are likely to be found. However, the site is already graded and disturbed and elevated from the adjacent low land areas. The LSA Report provides appropriate mitigation measures to ensure that there is a protocol in place to protect potential wildlife resources in the area. See discussion for Policy CON-10 above.  Policy CD-21 (Parking Lot Landscaping): Provide parking lot landscaping to control heat build-up from pavement, reduce air pollution, provide shade cover for vehicles and soften the appearance of the parking lot. Staff has determined that the proposed site is designed to be consistent with the intent of Policy CD-21. The proposed project site would not be paved, REPORT TO PLANNING COMMISSION - Case No: ED15-077UP15-033 Page 5 except for a small hammerhead area at the entrance to the lot as required for Fire Dept access. The remainder of the site would be covered with gravel. While no trees are proposed for the interior of the lot, the perimeter of the site will be heavily landscaped. Also, two bio-retention areas are proposed to facilitate proper drainage to meet current regulatory requirements.  Policy C-5 (Traffic Level of Service Standards): Requires the maintenance of adequate traffic levels of service (LOS) in order to ensure an effective roadway network. The proposed project would create approximately 9 new vehicle trips to the site, as cars are brought to and from the project site. The City’s Traffic Division has reviewed the project for potential impacts on the LOS in the project area, particularly the Kerner/Bellam intersection, and determined the project will not have an adverse impact to traffic levels of service given the limited new traffic that would be generated by the project. However, to avoid peak hour impacts, a condition of approval has been included (see Design Review Permit Condition of Approval #16 in the attached Draft Resolution) that would require that transferring of vehicles to and from the site should only occur between 9:00 am and 3:30 pm and 6:00 pm to 9:00 pm on weekdays. This would minimize any vehicular trips during the peak traffic time.  Policy N-5 (Traffic Noise from New Development): Minimize noise from increased off-site traffic from new development. The proposed project would add approximately 9 daily trips between Windward Way and the Toyota dealership at 445 East Francisco Blvd. There would be no large tractor deliveries at the site. No noise impacts are expected.  Policy EV-2. (Seek, Retain, and Promote Businesses that Enhance San Rafael. Recruit and retain businesses that contribute to our economic vitality, thus helping to provide needed local goods, services and employment): Toyota is a valuable business partner in the City of San Rafael and provides significant employment and economic benefit to the City and its residents. Allowing Toyota to grow and remain viable by having adequate space to store vehicles for sale will help promote and retain this vital business in the City of San Rafael. Staff determined the project to be generally consistent with the following General Plan Policy, but that an expanded discussion was warranted:  Policy CD-19 (Lighting): Allow adequate lighting for safety purposes while controlling excessive light spillover and glare. There are a total of seven (7) lights distributed throughout the lot. At the DRB hearing, both residents and the Board had questions about the potential impact of the proposed new lighting on site. The applicant’s lighting consultant was unable to attend the hearing to answer questions. Based on DRB recommendations, the height of the light poles was reduced from 25 ft. to 20 ft.; however it is unclear whether this change alone sufficiently addresses overall lighting levels on site. In addition, it is unclear how the lights would impact the area at night. The LSA Biological Constraints Report stipulated as a mitigation measure that “lights should not increase nighttime illumination of the marshlands to the east.” This mitigation measure has been included as Design Review Permit Condition of Approval #12 in the attached Draft Resolution. Staff requests that the Commission re-examine the proposed lighting to ensure that the design has taken into account the new information in the LSA report. Lighting on site must achieve a balance between providing security and safety and minimizing glare to residents and sensitive wildlife. See also staff analysis below as part of Zoning Ordinance consistency discussion. REPORT TO PLANNING COMMISSION - Case No: ED15-077UP15-033 Page 6 Zoning Ordinance Consistency: The Zoning designation for the project site is MR2 (Medium Density Multifamily Residential). Chapter 14.04 - Base District Regulations The project proposes to use the site as a vehicle storage lot (essentially a parking lot), which requires Conditional Use Permit approval by the Planning Commission, pursuant to Zoning Ordinance Section 14.04.020. The applicant has submitted an application for a use permit and is therefore consistent with the Zoning Ordinance requirement. Chapter 14.16 – Site and Use Regulations The following Sections would be applicable to the proposed project:  Section 14.16.227.B: Lighting fixtures shall be appropriately designed and/or shielded to conceal light sources from view off-site and avoid spillover onto adjacent properties.  Section 14.16.227.C: Lighting shall be reviewed for compatibility with on-site and off-sight light sources. This shall include review of lighting intensity, overlap and type of illumination (e.g., high- pressure sodium, LED, etc.). This may include a review by the city to assure that lighting installed on private property would not cause conflicts with public street lighting.  Section 14.16.227.E: Installation of new lighting fixtures or changes in lighting intensity on mixed use and non-residential properties shall be subject to environmental and design review permit review as required by Chapter 14.25 (Design Review).  Section 14.16.227.G: All new lighting shall be subject to a 90-day post installation inspection to allow for adjustment and assure compliance with this section. The proposed project is generally consistent with the above-referenced Sections of the Zoning Ordinance, which is designed to identify, evaluate and reduce the impact from new lighting. All seven light fixtures proposed are designed to be shielded to reduce glare. A Photometric Survey was submitted with the project and shows lighting levels are predominantly less than 1.0 at the property line (on site light levels average 3.9 Fc, with a maximum measurement of 13.0 Fc). Staff notes that the Police Department recommends at least a 1.0 Fc level throughout the parking lot for security purposes. The Board recommended that the applicant investigate lowering the height of the light fixtures and possibly adding light fixtures to the site as a possible approach to lowering both hot spots and potential off-site glare. The applicant did revise the plans to lower the fixtures from 25 ft. to 20 ft. The applicant’s consultant has indicated that the revised lighting plans will reduce glare and create less light spillage to the east and north (see Exhibit 3). However, it is unclear whether these changes completely address the lighting levels on site, and staff has no information on measures in place to address minimizing nighttime lighting levels. Staff notes that as a condition of approval, the site will be subject to a 90-day post- installation lighting review to evaluate the impact of lighting in the vicinity (Design Review Permit Condition of Approval #11). Staff would also have the option of requiring a follow-up photometric study to verify lighting levels and make necessary adjustments to address lighting issues, if deemed necessary. Chapter 22- Use Permit The creation of a private parking lot in the MR2 Zoning District requires Use Permit review and approval, subject to Zoning Ordinance 14.04.020. Pursuant to Zoning Ordinance Section 14.22.080, in order to grant a Use Permit, the following Findings must be made: 1. That the proposed use is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of the district in which the site is located; 2. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City; and 3. That the proposed use complies with the applicable provisions of the Zoning Ordinance. REPORT TO PLANNING COMMISSION - Case No: ED15-077UP15-033 Page 7 Finding #1: Staff recommends that the proposed use of a 43,150 sq. ft. portion of the 2.29 acre site as a private parking lot for vehicle storage is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of the district in which the site is located in that: 1) the proposed use would be a temporary lease for 5 years; and 2) the proposed project is generally consistent with General Plan 2020 Policies as previously discussed on pages 3-5 of this staff report. Finding #2: Staff has determined that the proposed use would not be detrimental to the public health, safety and welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City in that: 1) the project has been reviewed by the Fire Prevention Bureau; and 2) the department of Public Works supports the project, subject to minor changes to the location of the drain inlet; 3) the project will introduce minimal development on site as the only new structures are 7 light poles and an 8 ft. high perimeter fence; 4) the project has reduced the height of the light poles to 20 ft. to minimize potential off-site glare; 5) the overall use of the site would help upgrade the site without adding substantial traffic to the area or impact to wildlife species; 6) the proposed use of the site is temporary (5 year lease) and as such would not compromise the future use of the site for housing development, or use of the remainder of the 2.29 acre site for housing development; 7) letters of concern about the impacts to wildlife have been addressed in the biological report; and 8) letters of concerns about noise and traffic were addressed in that the project will not produce noise or create substantial traffic to or from the site. The issue of lighting is being examined and will also be addressed through the required 90-day lighting review. Furthermore, introducing additional activity to Windward Way could help alleviate some of the recent issues that are facing the street, with increased dumping, auto repair occurring on the street and other unsightly activities. The City through other enforcement actions is currently pursuing the issues that are facing Windward Way and with the addition of this use, it will create more eyes on the street and activity along Windward Way, which will helpfully curb the other undesirable activities. Finding #3: Staff has determined that the proposed use complies with each of the applicable provisions of the Zoning Ordinance in that the use, as conditionally approved, would be a temporary use, and would not create traffic impacts, would address any lighting impacts through a required 90-day lighting review, and is compatible use with the immediately adjacent commercial properties to the south. Chapter 25 – Environmental and Design Review Permit The proposed creation of a private parking lot in a residential zoning district for Toyota vehicles requires a Design Review Permit pursuant to Zoning Ordinance Section 14.25.040.B.e. The project has been evaluated for conformance with the review criteria identified in Chapter 25 of the Zoning Ordinance and the San Rafael Design Guidelines. With respect to the proposed use of the site as a vehicle storage lot (parking lot), both sets of criteria emphasize the following:  Minimize large paved areas by using alternative materials (e.g., turf block or pavers)  Landscape areas adjacent to sidewalks are encouraged  Visible parking should be screened or landscaped  Limit light intensity to provide adequate site security for pedestrian  Shield light sources to prevent glare and illumination beyond the boundaries of the property  Light fixtures should complement the architecture of the project As a short term lease (5 years), the proposed design would be generally consistent with many of these design guidelines in that: 1) the lot will not be paved but is proposed to be topped with gravel, except for the paved hammerhead at the entrance; and 2) the project proposes to install landscaping, with a total of five (5) new African Sumac trees are proposed for the main entrance area of the storage lot near the driveway gate. In addition, 162 shrubs (3 varieties) will be planted along the fence on the north, east and west elevations. Also, eight (8) vines are proposed to be spaced along the perimeter fence at the REPORT TO PLANNING COMMISSION - Case No: ED15-077UP15-033 Page 8 driveway entrance area would help screen the site. The new landscaping will help improve the existing site conditions and provide perimeter screening of the lease site, particularly along the north (facing Bellam), west (facing Windward Way), and east (facing Baypoint Lagoon Drive) side of the site. The south frontage is adjacent to a commercial property and abuts existing landscaping. This landscaping will help reduce the visual impact of the bare cyclone fencing along the south property line. In terms of the proposed lighting, the light pole is a basic bronze colored square pole design. The proposed seven (7) light fixtures were reduced to 20 ft. in height and will be shielded to reduce glare. The reduction in height was at the recommendation of the Design Review Board, to reduce visual impacts. The project is subject to a post-installation 90-day lighting review, and as such, staff will have an opportunity to require revisions to the light levels, if deemed necessary. DESIGN REVIEW BOARD RECOMMENDATION On February 17, 2016, the Design Review Board (DRB) reviewed the proposed project (Commissioner Schaefer Planning Commission, liaison). Detailed written minutes of DRB meetings are no longer available. Actual video recordings of the meeting are available through a video link on the City of San Rafael website, www.cityofsanrafael.org/meetings. Click on the Design Review Board video link for the February 17, 2016 hearing date. Staff requested the Board to provide its recommendation to the Planning Commission on the project design with respect to the potential impacts of introducing lights to the area, and comment on any possible design changes that may address the neighbors’ concerns, if warranted. The Board offered the following comments on the proposed project design:  Recommended that the applicant investigate reducing the lighting impacts by lowering the height and adding more lights  Recommended that the color of the cyclone fence be changed from green to brown.  Supported the landscape plan choices  Consider regulating pesticide use on site In conclusion, the Board unanimously voted to recommend approval of the project with the consensus conditions listed above. The applicant considered the Board recommendations and indicated to staff that they would propose changing the fence color to black. The plans also show a note on Sheet L-3 that organic herbicides will be used. In terms of the lighting, the number of light poles on the site (7) remained the same but the height of the lights was reduced from 25 ft. to 20 ft. A post-installation 90-day lighting review will be required as a condition of project approval, pursuant to Zoning Ordinance 14.16.227.G. ENVIRONMENTAL DETERMINATION The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15304 (Minor Alterations to Land) and 15311.b (Accessory Structures) which exempts minor site improvements and use of land for parking lots. NEIGHBORHOOD MEETING / CORRESPONDENCE There was no Neighborhood Meeting required for the proposed project. A 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 also Baypoint Lagoon HOA, Spinnaker Point HOA, Bahia de Rafael HOA, Canal Properties and Business Owners Association, and Rafael Bay Townhomes HOA before both the Design Review Board hearing and this public hearing. In addition, a public notice sign was posted at the REPORT TO PLANNING COMMISSION - Case No: ED15-077UP15-033 Page 9 corner of Bellam and Windward Way, identifying the meeting time, date, location, and scope of the project within fifteen (15) days prior to the Planning Commission meeting (see Exhibit 6). Staff received a total of eight (8) comment letters; three (3) expressing support of the project and five (5) expressing concern. Copies of all written public correspondence on the proposed project received to date are attached to this report as Exhibit 7. The letters of support generally stated that the project would help reduce the loitering, illegal dumping and be a benefit to the others businesses on Windward Way. The letters of concerns covered the following issues:  Glare from the proposed lighting may impact residential areas and increase night pollution  The proposed height and glare from the lights may negatively impact adjacent seasonal wetlands, wildlife in the lagoon, and insects  Consider using motion detection type lighting  Concern that the cars will be an eye sore for the neighborhood  Possible increased traffic and truck noise  Possible air pollution from any trucks idling while dropping off vehicles  Impact on the community garden from potential herbicide use on the proposed new landscaping  Impact of sea level rise on the proposed project site OPTIONS The Planning Commission has the following options: 1. Approve the application as presented (staff recommendation) 2. Approve the application with certain modifications, changes or additional conditions of approval. 3. Continue the applications to allow the applicant to address any of the Commission’s comments or concerns 4. Deny the project and direct staff to return with a revised Resolution EXHIBITS 1. Draft Resolution 2. Vicinity/Location Map 3. E-mail from Willie McDevitt, applicant’s consultant, dated February 24, 2016 4. Biological Constraints Report, LSA Associates, dated March 9, 2016 5. General Plan 2020 Exhibit 38 6. Public Hearing Notice 7. Public Correspondence (11” x 17” plans distributed to the Planning Commission only) 1 RESOLUTION NO. ______ RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION CONDITIONALLY APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED15-077) AND USE PERMIT (UP15-033) TO ALLOW TOYOTA OF MARIN TO OPERATE A VEHICLE STORAGE LOT ON A 43,150 SQ.FT PORTION OF THE 2.29 ACRE PARCEL AT 104 WINDWARD WAY (APN: 009-330-01) WHEREAS, on October 2, 2015, Mike Christian, project applicant, submitted an application for an Environmental Design Review Permit (ED15-077) and Use Permit (UP15- 033) to allow a vehicle storage lot for Toyota of Marin at 104 Windward Way; and WHEREAS, on September 3, 2014, the San Rafael Design Review Board held a duly noticed public hearing on the project, accepting all oral and written testimony and the written report of the Community Development Department staff. The Board voted unanimously (5-0) to recommend project approval subject to consensus conditions related to changes in project design; and WHEREAS, upon staff review of the application, the project was determined to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15304 (Minor Changes in Land Use) and Section 15311(b) (Accessory Structures), which exempt minor changes to vegetation and grading on land with a slope less than 10% and construction of small parking lots; and WHEREAS, the proposed Environmental and Design Review and Use Permit applications were reviewed by the City’s Building Division, Fire Department , Department of Public Works, and San Rafael Police Department and were recommended for conditional approval; and WHEREAS, on March 15, 2016, the San Rafael Planning Commission held a duly noticed public hearing on the proposed Environmental and Design Review Permit and Use Permit, accepting all oral and written public testimony and the written report of the Community Development Department staff and closed said hearing on that date; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Rafael hereby approves the Environmental Design Review Permit (ED15-077) and Use Permit (UP15-033) for the use of 43,150 sq.ft. of the 2.29 acre lease area at 104 Windward Way for vehicle storage, based on the following findings: 2 Environmental and Design Review Findings (ED15-077) 1) The proposed use of 43,150 square feet of the 2.29 acre lot for vehicle storage is in accord with the General Plan, the objectives of the Zoning Ordinance and the purposes of this Chapter given that: a. As discussed on Pages 3-5 of the March 15, 2016 Planning Commission staff report, the proposed project (as conditioned) is consistent with General Plan Land Use Policies LU- 14 (Land Use Compatibility) and LU-23 (Land Use Map and Categories), Community Design Policies CD-10 (Non-Residential Design Guidelines – Visual Compatibility), CD-18 (Landscaping), CD-19(Lighting) and CD-21 (Parking Lot Landscaping)Conservation Policies CON-10 (Impacts to Sensitive Habitats); CON-11 (Wildlife Corridors); CON-13 (Threatened and Endangered Species);; Circulation Policy C-5 (Traffic Level of Service Standards); Noise Policy N-5 (Traffic Noise from New Development), and Economic Vitality Policy EV-2 (Seek Retain, and Promote Businesses that Enhance San Rafael); and b. As discussed on Pages 6-8 of the March 15, 2016 Planning Commission staff report, the proposed project (as conditioned) conforms to the objectives of the Zoning Ordinance Chapter 14.04 (MR2, Medium Density Multi-Family Residential District), Chapter 14.16 (Site and Land Use Regulations), Chapter 22 (Use Permit), and Chapter 25 (Environmental Design Review Permits). The proposed design of the site with perimeter fencing, landscaping and lighting are well-designed and compatible with the site, and have been recommended for approval by the Design Review Board. The proposed project design would enhance the appearance of the site and also improve drainage by installing bio-retention areas; and c. The project has been reviewed for conformance with the applicable design criteria established in Chapter 14.25 of the Zoning Ordinance and determined that the proposed project, as designed and conditioned, would be a complimentary addition to the area, adding landscaping and security lighting; and d. The project consistency with the design-related policies of the General Plan and objectives of the Zoning Ordinance were reviewed by the Design Review Board and recommended for approval. 2) The project design, as conditioned, is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the MR2 (Multi-Family) Zoning District in which the site is located given that: a. There would be minimal change to the appearance of the lot from off site. As such, there would be minimal impacts to the existing residential properties in the vicinity of Bellam Blvd.; and b. The proposed perimeter fencing and landscaping will provide a successful screen to the project site; and 3 c. The proposed site lighting has been designed with shielding to minimize glare, and the lighting will be subject to a 90-day lighting review as a condition of approval. 3) The project design minimizes adverse environmental impacts given that: a. The proposed site grading would be minimal and the only structures proposed for the site are an 8 ft. high cyclone perimeter fence and seven light poles; and b. The proposed project was reviewed by applicable City departments and no adverse environmental impacts were identified. The Department of Public Works determined that the project would have no significant impact on traffic in the area, but included a condition of approval to prohibit pick-up/drop-off during AM and PM peak hours; and c. The proposed project would be constructed in compliance with all applicable local, State and Federal building codes; and d. The proposed project is Categorically Exempt from the California Environmental Quality Act pursuant to Article 19 Categorical Exemptions, Section 15304 (Minor Alterations to Land) and 15311 (Accessory Structures for small parking lots). 4) That the project will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that: a. The proposed lease area will be fenced and also be equipped with lighting and security cameras. Overall, the proposed project would secure a currently vacant lot and improve the site aesthetic; and b. The proposed project would not have a negative impact on adjacent businesses or residents. Staff received three letters of support for the project from businesses and residents, and 5 letters of opposition. The issues identifies as concerns were lighting levels, noise, impacts on traffic and possible impacts on wildlife in the vicinity. The applicant has reduced the height of the light pole from 25 f. to 20 ft. Increased traffic from the project was determined to be minimal, and the LSA Biologic Constraints Report concluded that the proposed project and the lighting on site would not impact wildlife. However, the report did recommend mitigation measures, which are included as COA #13 (ED15-077) and COA #4 (UP15-033). Use Permit (UP15-033) Findings 1) The proposed 43,150 square foot lease site for vehicle is in accord with the General Plan, the objectives of the Zoning Ordinance and the purposes of this Chapter based on discussions in Environmental and Design Review Permit Finding 1(a), 1(b), 1(c) and 1(d) listed above; and 2) The proposed vehicle storage lot, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the city based on discussions in Environmental and Design Review Permit Finding #4 listed above; and 4 3) That the use of the site as a vehicle storage lot, with lighting, landscaping and perimeter fencing, as conditioned, complies with the applicable provisions of the Zoning Ordinance, as identified and discussed in the Environmental and Design Review Findings 1(b) on Page 2 of this Resolution. The Use Permit (UP15-033) conditions of approval would require a post- installation 90-day lighting review in order to evaluate the lighting and ensure that glare is kept to a minimum. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Rafael hereby approves the Environmental Design Review Permit (ED15-077) and Use Permit Amendment (UP15-033) based on the following conditions of approval: Environmental and Design Review Permit (ED15-077) Conditions of Approval Community Development Department - Planning Division 1. The proposed vehicle storage lot on 43,150 square feet of the 2.29 acre lot, including perimeter fencing, landscaping and 7 light poles shall be constructed in substantial conformance with the proposed site plan and elevations as presented for approval on plans prepared by TWM Architects + Planners, and date stamped Approved, March 21, 2016, and shall be the same as required for issuance of a building permit, subject to the listed conditions of approval. Minor modifications or revisions to the project shall be subject to review and approval of the Community Development Department, Planning Division. Modifications deemed not minor by the Community Development Director may require review and approval by the Design Review Board and/or the original decision making body, the Planning Commission. 2. This Environmental and Design Review Permit shall be valid for one (1) year from the date of Planning Commission approval, or until March 15, 2017, and shall be null and void unless a building permit is issued or a time extension is granted within the one year. 3. The use shall be initiated and the improvements installed before the expiration date of the Design Review Permit. Once the use is initiated and the improvement are installed, the Design Review Permit (ED15-077) shall be vested and shall run with the land and remain valid regardless of any change of ownership of the project site, subject to these conditions. 4. A building permit and electrical permit are required for the proposed work. The applicant shall apply for and obtain a building permit and electrical permit prior to any construction on the site. All proposed work shall comply with the adopted Building and Electrical Codes. 5. A copy of the Conditions of Approval for ED15-077 shall be included as a plan sheet with the building permit plan submittal. 5 6. Construction hours and activity (including any and all deliveries) are limited to the applicable requirements set forth in Chapter 8.13 of the San Rafael Municipal Code. 7. Prior to issuance of a building permit, the applicant shall submit written documentation from Marin Municipal Water District (MMWD) indicating that MMWD has reviewed and approved the proposed landscaping and water service needs. Any changes to the landscaping shall require planning review and approval. 8. All new and existing landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. Any dying or dead landscaping shall be replaced in a timely fashion with new healthy stock of a size compatible with the remainder of the growth at the time of replacement. 9. All site improvements, including but not limited to the site lighting, hardscape, landscaping, light standards and paving striping shall be maintained in good, undamaged condition at all times. Any damaged improvements shall be replaced in a timely manner. 10. The site shall be kept free of litter and garbage. Any trash, junk or damaged materials that are accumulated on the site shall be removed and disposed of in a timely manner. 11. Following the installation of the lighting on site, all exterior lighting shall be subject to a 90- day lighting level review by the Police Department and Planning Division to ensure compatibility with the surrounding area. A post-installation photometric study may be required by the Planning Division to verify as-built and operational lighting levels on site. If required, the as built photometric study shall be submitted within 15 days of such request and shall not count against the 90 day review period. 12. Pursuant to Zoning Ordinance Section 14.16.227.B, lighting fixtures shall be appropriately designed and/or shielded to conceal light sources from view off-site and avoid spillover onto adjacent properties. In addition, to mitigate potential impacts from lighting on sensitive wildlife in the area, the project will be subject to the following condition per Page 2 of the LSA Biological Constraints report dated March 9, 2016, “Any lighting installed on the Site should be directed downward, and should not increase nighttime illumination of the marshlands to the east. Lights should have cutoff shields and non-glare fixture designs as needed to restrict illumination to the Site.” 13. The applicant shall contact the Planning Division to request a final inspection, prior to the issuance of the final building permit. The request for final inspection by the Planning Division shall require a minimum of 48-hour advance notice. 14. All landscaping shall be installed prior to the Planning final inspection. In addition, a letter from the landscape architect, verifying accuracy of the number of plants and species on site is required to be submitted for Planning review prior to calling for the planning final. 6 Department of Public Works- Land Development 15. The proposed drainage inlet within the bio-retention area is located within the slope maintenance easement. Adjust the location on the inlet structure, so that it is outside the easement. 16. Traffic Mitigation Fees: Vehicle trips to and from the site shall be limited to outside of peak hours. No trips shall be generated between the hours of 7:00 am to 9:00 am or 4:00 pm to 6:00 pm on weekdays. Trip generation created during these peak hours shall be subject to a traffic mitigation fee and Level of Service requirements. 17. A portion of the proposed driveway modification is within the road Right-of-Way. 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, San Rafael. 18. Include and make part of the project plans, the sheet noted “Pollution Prevention – Its part of the plan.” Copies are available on the City of San Rafael website www.cityofsanrafael.org. Use Permit (UP15-033) Conditions of Approval 1. This Use Permit approves the use of 43,150 sq.ft. of the 2.29 acre site at 104 Windward Way as a vehicle storage lot for Toyota of Marin. The lot shall be used as a storage lot only- no sales, service, washing or detailing of vehicles shall be permitted on site. 2. This Use Permit approves the following operational plan: a) Expected daily trips to Windward Way = 9 trips. These trips would be by individual Toyota employees who would either drive to the site or be shuttled to the site to pick up a new vehicle. b) All new vehicles would continue to be delivered to the Toyota of Marin site at 445 East Francisco Boulevard. c) Typical drop-off/pick-up times: 10:00 am – 7:30 pm (no pickup or drop off between 7:00 am to 9:00 am or 4:00 pm and 6:00 pm on weekdays is allowed (see COA #3 below) d) Hours of operation for the Windward Way storage lot: 9:00 am – 9:00 pm 3. Shuttling of vehicles to and from this site shall be limited to the hours of 9:00 am and 4:00 pm, and 6:00 pm to 9:00 pm on weekdays and anytime on weekends. Vehicle trips shall be limited to outside of peak hours. No trips shall be generated between the hours of 7:00 am to 9:00 am or 4:00 pm to 6:00 pm on weekdays. Trip generation created during these peak hours shall be subject to a traffic mitigation fee and Level of Service requirements. 7 4. To address potential impacts to sensitive wildlife in the area, the following mitigation measures, as stipulated in the LSA Biologic Constraints report dated March 9, 2016, shall be implemented as follows: a) If gravel placement work is conducted during the bird breeding season (February 1 – September 30), pre-work surveys for ground nesting birds should be conducted on the site by a qualified biologist. The surveys should also encompass the surface area and trees on adjacent properties within 50 feet of the work area. The surveys should be conducted within 10 business days of the onset of work. If nesting birds are found, adequate buffer zones should be established around the nests until the biologist has confirmed the young have fledged or the nests have been abandoned. The size of the buffers will be determined by the biologist, based on the particular species of the nesting birds. The buffer zones should be protected with temporary construction fencing. b) It is unlikely that the salt marsh harvest mouse would occur on the Site, given the distance between the Site and the nearest pickleweed stands. Nevertheless as a precaution, a temporary exclusion fence should be installed along the eastern edge of the Site during the work period. The fence should be a minimum of 3 feet in height, consisting of 8 millimeter plastic (“Visqueen”) sheeting that is too smooth to be climbed by mice. It should be supported by wooden or steel rebar stakes. The toe of the fence should be buried approximately 4 inches in the ground to prevent mice from crawling or burrowing underneath it. To provide strength, durability and wind resistance, the plastic sheeting should be sandwiched between two stakes at each stake location, with the stakes screwed or wired together firmly. The fence should be maintained in good condition throughout the work period, and inspected at least weekly. Any gaps or holes should be repaired immediately upon discovery. c) All construction personnel should be advised of the sensitivity of the adjacent lands to the east and that no intrusions or disturbance of the area east of the temporary fence is allowed. 5. The Planning Department shall be notified in writing if site operations trigger implementation of any mitigation measures listed in COA #4 above. 6. Any increase in the number of vehicles stored on site shall require Planning review and a formal amendment to this Use Permit (UP15-033). 7. No loading or unloading of vehicles shall occur on Windward Way. All loading and unloading to occur on the site, within the fenced area. 8. There shall be no tractor trailer deliveries of vehicles to or from the project site. 9. No auto repair, auto sales, vehicle detailing, or car washing associated with this use shall be allowed on the project site at 104 Windward Way or in the immediate vicinity of the site. 8 10. If the project site and use experiences repeated calls for Police service due to vandalism, theft or general nuisance on the project site, the applicant shall be required to hire a private security service to patrol the site on evenings and weekends in order to help reduce criminal activity. 11. This Use Permit shall be valid for one (1) year from the date of Planning Commission approval, or until March 15, 2017, and shall be null and void unless a building permit is issued or a time extension is granted within the two years. 12. The use shall be initiated and the improvements installed before the expiration date of the Use Permit. Once the use is initiated and the improvements are installed, the Use Permit (UP15-033) shall be vested and shall run with the land and remain valid regardless of any change of ownership of the project site, subject to these conditions. 13. On-going compliance with all conditions of approval shall be required to keep the Use Permit Amendment valid. This Use Permit (UP15-033) may be called to hearing at any time by the Planning Division in order to review compliance with the Conditions of Approval. The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning Commission held on the 15h day of March 2016. Moved by Commissioner and seconded by Commissioner as follows: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: SAN RAFAEL PLANNING COMMISSION ATTEST: __________________________ BY: __________________ Paul A. Jensen, Secretary Mark Lubarmersky, Chair