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HomeMy WebLinkAbout2014-10-28_cityofsanrafael_1e6789d9a1edf56e9da9512ab80b1dfd CITY OF Community Development Department – Planning Division P. O. Box 151560, San Rafael, CA 94915-1560 PHONE: (415) 485-3085/FAX: (415) 485-3184 Meeting Date: October 28, 2014 Agenda Item: Case Numbers: ED14-068 & UP14-020 Project Planner: Kraig Tambornini (415) 485-3092 REPORT TO PLANNING COMMISSION SUBJECT: 1700 Fourth Street (G Street Mixed Use) – Environmental and Design Review Permit and Use Permit for a new three-story mixed-use development with 10 apartment units, 750 square feet of ground floor retail space and 14 on-site parking spaces located on a 7,500 square foot parcel in the West End downtown area. APN: 011-192-07; WEV Zoning District; Ralph Epstein, Epstein Properties, LLC, Applicant; Hanna Anki, Owner. Case Number(s): ED14-068 & UP14-020 EXECUTIVE SUMMARY The project requires the review and final action by the Planning Commission, following recommendation from the Design Review Board (DRB) for a new mixed-use development in the downtown area. Mixed- use residential development is a permitted use within the WEV downtown district, when proposed as part of a mixed use project. The project as proposed complies with residential density, commercial intensity, parking, setback, height, lot coverage and all related development standards of the subject WEV district. A density bonus is included for three additional market rate units, based on provision of one very low income unit, along with a six foot (6’) height bonus and tandem parking allowance; which is permitted by state and local density bonus provisions. An affordable housing agreement would be executed for the affordable unit. As proposed, the project requires no exceptions, variances or other deviations from City zoning code standards. An administrative Use Permit is required for residential mixed-use project in order to ensure compliance with the performance-related development standards listed in San Rafael Municipal Code (SRMC) Section14.17.100. A major Use Permit is also required to document the grant of a height bonus for an affordable housing project. Lastly, the project includes a request for a two-foot height increase for an architectural feature, which may be requested as part of the Design Review Permit review. The City zoning and design criteria permit the proposed building scale, height and intensity. Design preferences are very subjective and can vary significantly. Therefore, the design criteria are intended to assure high-quality materials are used with a well-articulated and detailed building that would be found to complement and enhance the City character. Existing design styles and particularly predominant streetscape patterns are encouraged to be respected. On July 8, 2014, the DRB conducted a conceptual review for this project; which is required for major development review under San Rafael Municipal Code Section 14.25.030.B. On October 7, the DRB conducted formal review and voted unanimously to support the project as presented. The Board supports the plan details, colors, materials, setbacks, architectural features, building setback and decks for upper story levels. The DRB’s determination included review of the building in relation to adjacent structures. Staff and the Board have concluded that the design is consistent with the WEV area criteria and standards. The project addresses all of the applicable zoning development standards and design criteria, and has responded to the recommendations and comments provided by the Design Review Board at its July 2014 conceptual review meeting. Thus, the project is considered an appropriate in-fill mixed use development which is located on a suitable site in West End. Staff and the DRB recommend that the Planning Commission take formal action and approve the project. REPORT TO PLANNING COMMISSION - Case No: ED14-086 & UP14-020 Page 2 RECOMMENDATION It is recommended that the Planning Commission adopt a resolution approving the project, with conditions. PROPERTY FACTS Address/Location: 1700 Fourth St Parcel Number(s): 011-192-07 Property Size: 7,500 square feet Neighborhood: West End Area Site Characteristics General Plan Designation Zoning Designation Existing Land-Use Project Site: West End Village WEV Restaurant North: West End Village WEV Vacant/Parking/Multi-family South: West End Village WEV Downtown Retail East: West End Village WEV Downtown Retail West: West End Village WEV Auto service/sales Site Description/Setting: The property is a rectangular parcel located at the northwest corner of the intersection of Fourth and G Streets in the West End Village area of Downtown San Rafael. The site was historically a service station that converted to an ice cream parlor in 1974 and ultimately a food service restaurant with on-site parking, driveways on G and Fourth Streets and an outdoor patio. BACKGROUND Existing/Prior Land Uses The site is currently developed with a small restaurant building and outdoor patio area (aka, Hanna's). The site was originally developed as a service station, which was abandoned, converted to an ice cream parlor in the 1970’s (permit 5137 issued 10-21-74), and subsequently into a restaurant use. The underground fuel tanks associated with the prior service station use were required to be abandoned per Fire Department requirements (per use permit UP74-120). Will Bono Environmental Services prepared a Soil and Groundwater Investigation Report, February 6, 1998, that found no detectable levels of hydrocarbon contamination to soil and groundwater on the site. The determination has been made that no negative impact to groundwater exists. No further action has been deemed necessary. West End Neighborhood Environs The West End Village neighborhood is characterized by older and historic one- and two-story commercial and mixed-use structures with a prominent retail street frontage. The majority of the buildings along Fourth Street are built to the property lines with floor levels provided in the same plane, offset with architectural details such as cornices and window treatments. Interior walls are masonry and wood, with varied styles but most commonly comprised of blank walls where the building is along an interior boundary. As noted in the General Plan 2020 (which incorporates the downtown vision initially developed the 1990’s), and reflected in the Zoning Code, more intense building development has been anticipated in two and three-story structures. New development with mixed-use with ground floor retail is encouraged and anticipated to continue the predominant development pattern of the area. Prior Staff/City Reviews In April, 2014 the City provided comments on a pre-application request for the proposed project which included review of the parking layout, site density and nonresidential intensity. The applicant was directed to submit for conceptual review, in accordance with San Rafael Municipal Code Chapter 14.25. REPORT TO PLANNING COMMISSION - Case No: ED14-086 & UP14-020 Page 3 In July, 2014, the BRG conducted Conceptual Design Review of the project, received public comments, and provided the following comments:  The Board expressed general support for the project.  Incorporating landscaping planters in front of the building is supported.  Preserve the trees along the frontages if possible (arborist review recommended).  If it is not feasible to preserve the trees on-site, consider using a Sycamore as street tree to preserve the tall, tree-lined character of the WEV neighborhood area.  The parking supply may be inadequate for conditions, and shared parking may be difficult to support. Provide study of this concept. [Note: The project has been revised to eliminated the need for shared parking]  Consider revised layouts of parking and/or unit sizes and commercial area to meet parking demand without shared parking. [Note: The project has been revised to eliminated the shared need for shared parking]  Consider removing the garage opening on Fourth Street and limit access to the G Street side only.  Show the building in context with the surrounding buildings to allow review of compatibility with other WEV streetscape and character.  Suggest "easing" the third level if necessary to be in context with surrounding buildings; e.g., consider setback for third story portions, but maintain the tower feature.  Consider including units in one level to provide more housing opportunities for a broader demographic.  Consider setting entry gate back (if it open and close during the day) - though it was also noted this could result in undesirable loitering or litter problems. Otherwise, if left open during the day then no setback is necessary.  Assure the former underground fuel storage tank has been removed in accordance with standards and that the site is "clean" environmentally.  Consider exchanging the lobby and apartment entry with parking spaces 6, 7, & 8. On October 7, 2014, the DRB concluded formal review and voted unanimously to support the project as presented (PC liaison Schaefer). The Board discussed several minor items such as whether the project should provide two garage openings with an opening onto Fourth Street, whether some of the existing mature trees on-site could be preserved, and that landscaping should be encouraged to extend into the right of way. The DRB concluded that the concept adequately addressed all City design, zoning and development standards, and that the new driveways would be substantially similar to the existing curb cuts and would provide safe and efficient vehicle access. There were several neighbors, residents, business owners and interested members of the public that commented for and against the project. Neighbors that were opposed to the project were concerned that the building did not fit with the WEV character, the change that would occur from the loss of Hanna’s and the existing character the site contributes to the area, impacts on existing traffic and parking in the area, and impact on water resources. Residents in support of the project commented that the building would help to revitalize the area, would provide housing that would have less impact on resources and was suitable and appropriate for the site. There were not any suitable alternative development concepts identified and discussed. Inter-Departmental Reviews The project has also been reviewed by all City departments, and no significant site or building design issues were initially identified. Public Works staff has required that garage gates be set back 20 feet from the right of way, and landscape planters along the frontage must be removed from the right of way (i.e., reduced in depth). Building Division recently noted that the project requires two on-site accessible (ADA) parking spaces; i.e., one for the commercial use and one for the residential use. A single unloading area may be used for REPORT TO PLANNING COMMISSION - Case No: ED14-086 & UP14-020 Page 4 both spaces. Thus, the project can proceed as presented with minor revisions to the parking space designations, and no net loss in parking supply would result. Conditions of approval are recommended to require that parking be available to commercial uses during the day, which should address parking concerns and potential conflicts between the uses on-site. Staff would not recommend any further reduction in the unit mix or commercial space to address any concerns with parking supply and availability. PROJECT DESCRIPTION Use The project consists of demolition of the existing commercial structures (i.e., Hanna’s restaurant, shed and covered patio structure), and eight (8) on-site paved parking spaces for construction of a new three- story mixed-use building with 10 unit apartments in two upper floor levels, 750 square feet of ground floor retail, and 14 covered parking spaces on the ground level. The units would include nine (9) 1-bedroom units and one (1) 2-bedroom unit, ranging in size from 920 to 1,350 gross square feet. As proposed, the number of parking spaces includes two (2) tandem spaces, which includes guest parking as allowed under the state and local density bonus regulations (SRMC 14.16). The mixed-use site is approximately 73’ by 96’ (7,500 square foot) and within the downtown WEV district and West End neighborhood area. No parking modification is being requested as proposed. Site Plan, Parking and Landscaping The building proposes zero lot line setbacks from the interior side and rear property lines. Balcony and awnings would project from the building, which would maintain a landscaped five-foot setback from its property line on Fourth Street and 10 foot setback along G Street (as noted above, the landscape planters would have to be revised so that they do not encroach within the right of way). The main entry to the residential units faces G St, and entry to the commercial space is at the corner of G and Fourth. The parking garage area would provide 14 spaces and have one-way circulation with the entry from G Street and exit onto Fourth Street. Finally, the project would provide two- to four-foot building setbacks from the sidewalk which would include landscape planters adjacent to the building and new street trees in planters on the street frontage. Height The project includes a six-foot (6’) height increase above the WEV district 30-foot height limit, which is permitted for development that includes affordable housing units. The project is pursuing a density bonus of 3 additional units based on provision of 1 unit as affordable to very low income tenants. In addition, the concept proposes an additional two-foot (2’) height increase for an architectural tower feature at the building corner, which can be permitted if recommended by the Board and approved by the Commission. Architecture and Lighting The project provides the primary residential entry on G Street with two-level residential units. Colors and materials include a two color building with matte blue and green earth-tones, shutter accents, metal rail balconies, canvas awnings above aluminum storefront windows, tile and precast wainscot and stucco building finishes, decorative corbels, vinyl windows, slatted metal roll down garage door gates, and street trees. Patios are proposed at the second and third floor levels along the north/rear of the building. Minimal lighting improvements are anticipated to provide lighting at the residential entryway and in the parking garage. Zoning Entitlements As proposed, the project requires a Use Permit (UP14-020) for the mixed use development and grant of a six-foot height bonus as a concession for affordable housing, and Design Review (ED14-068) for construction of a new building in the downtown area. The design review permit includes review of a request for a height increase for an architectural tower element. The project also includes a density bonus request with zoning concessions for the six-foot building height increase and use of state parking standards for the residential project (which allows tandem and supersedes any additional guest parking REPORT TO PLANNING COMMISSION - Case No: ED14-086 & UP14-020 Page 5 requirements). As proposed, the project is not seeking any other modifications, exceptions or waivers of standards. ANALYSIS San Rafael General Plan 2020 Consistency: The San Rafael General Plan 2020 provides the long range vision for the City that guides future growth and programs implemented within the City’s urban boundary. The General Plan is a long range, comprehensive document that must identify suitable land use categories to accommodate the level of growth identified in the General Plan, as well as the services and infrastructure required to support that growth. Development projects that require City approvals as well as programs that are carried out by the City must be consistent with the General Plan in order to proceed. The G Square mixed use project is consistent the applicable General Plan 2020 policies, including policies related to services, traffic and infrastructure, the underlying West End Village land use designation, and the WEV Neighborhood Element policies which support and encourage in-fill mixed-use housing development in the WEV area. Pertinent design related policies have also been incorporated into the ‘San Rafael Design Guidelines’. In-fill development that is consistent with the General Plan 2020 Land Use Designation and the zoning standards adopted to implement the General Plan would be deemed consistent with all pertinent objectives, goals and policies of the general plan. A detailed summary of the applicable General Plan 2020 policies have been presented in the Exhibit 2.A for the Planning Commission to review. In particular, discussion of project specific impacts and compliance are contained under LU-1, LU-2 and H-23; Land Use compatibility under LU-23; Housing compatibility under H-22; Neighborhood Design under NH-29, NH-42 and NH-43, and; Traffic under C-5 and C-6. Staff notes that in evaluating a project for consistency with the General Plan, the decision- making authority often must consider competing goals and policies. The Commission shall make its determination and give deference to one policy over another in order to implement all pertinent objectives, goals and policies of the General Plan, on balance. Staff has not identified any General Plan consistency issues, and has only identified one “partially consistent” policy within the Sustainability Element section, which is with regard to tree removal and replacement. Zoning Ordinance Consistency: Chapter 14.05 WEV Standards The site complies with the applicable development standards, as follows: Lot Size Lot Coverage (Max.) Required: 6,000sf Proposed: 7,500sf (existing) Standard: No restriction (100% allowable) Proposed: Approx. 88% (6,585 square feet) Height Residential Density / Gross Building/Floor Area Allowed: 30’-36’ (max height includes 6’ bonus for affordable housing per Sec. 14.16.030) Proposed: 36’-38’ (height includes a 2’ arch. feature) Allowed: 7 units (base density allowable) 0.70 FAR (5,250 square feet allowable) Proposed: 10 units (based on 33% state density bonus) 0.10 FAR (750 square feet proposed) Parking Required: 14 Proposed: 14 (Includes use of tandem and state housing rates for affordable housing per Sec. 14.16.030) REPORT TO PLANNING COMMISSION - Case No: ED14-086 & UP14-020 Page 6 Min. Lot Width (New lots) Setbacks Required: NA Proposed: NA Required Existing Proposed Front: Side(s): Ext. side: Rear: None None n/a None +/-10’ +/-26’/40’ n/a +/-27’ 5’ 0’ 10’ 0’ Outdoor Area / Landscape Area Required: NR Proposed: Private balconies & approx. 3’ landscape planters along frontages Grading Tree Removal/Replanting Total: Limited to building foundations. Total(No./Species): 9 mature trees to be removed on site The site is level and would not require significant grading work. Proposed: 5 new street trees to be planted The site is not subject to minimum setback or landscape requirements. The project is subject to maximum density, floor area ratio (FAR), height limits and parking standards. The project is allowed a density bonus of three units, and may pursue tandem parking and a six foot (6’) height bonus for providing one very low income affordable housing unit. The DRB’s recommendation is required for the architectural tower feature at the corner of the building. A Use Permit is required document grant of a height bonus for an affordable housing project as well as to ensure compliance the mixed-use development standard. At this time, the project is not proposing subdivision of the units for ownership. A condominium map could be pursued by the owner at a later date, prior to occupancy of the development project. The pertinent WEV District standards and criteria are discussed as follows:  Height. The site is subject to a 30’ height limit pursuant to General Plan 2020 Exhibit 9. A six-foot (6’) height bonus may be granted by the Planning Commission for affordable housing subject to either a Use Permit consistent with 14.16.190, and/or as one (1) zoning concession for a project that provides affordable housing (pursuant to 14.16.030). In this case, the applicant is requesting the bonus as a concession, which would be memorialized through the use permit process. (In other circumstances, an exception can be considered pursuant to section 14.24.060). Section 14.16.120 also permits architectural features to be excluded from the height calculation, through the design review process. Staff further supports a 2’ increase for the corner tower element as an architectural feature, which helps distinguish the building entry.  Residential Density and Commercial Floor Area. The mixed-use project is permitted under the WEV zoning regulations, which establishes a 0.70 nonresidential floor area ratio and density allowance for one (1) residential unit per 1,000 sf of site area. Based on review of the density bonus table 14.16.030-1, a rental housing development would qualify for a 33% increase over the base density by providing 1-2 units as affordable to low and/or very low income residents. Staff supports the applicant’s proposal to provide one (1) very low income unit, which qualifies the project for the requested state density bonus. The project density and commercial use are both supported as appropriate in the WEV district. However, mixed use development is subject to an administrative use permit review to confirm compliance with the standards contained in Chapter 14.17 discussed below.  WEV Design Criteria. The WEV Zone District, Section 14.05.010, lists the following criteria for a mixed-use development:  Existing Character. The West End is an older commercial village adjacent to several neighborhoods. Small-scale shops and restaurants and small businesses along Fourth Street provide convenience goods and services to the nearby residential areas as well as specialty retail shopping opportunities for the wider San Rafael community. REPORT TO PLANNING COMMISSION - Case No: ED14-086 & UP14-020 Page 7  Allowed Uses. The West End Village will continue 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 shops, neighborhood-serving offices and services, family and youth-oriented 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. Mixed-use residential development is encouraged.  Design Intent. Infill development should remain compatible with the area's historic low-scale pattern and character. New buildings will typically range from one to two (2) stories with opportunities for occasional three (3) stories, mixed-use commercial/residential buildings which complement the older buildings in the district. Design preferences are very subjective and can vary significantly. Therefore, the City has established design criteria primarily to assure that high-quality materials are used, buildings are well-articulated, respect predominant streetscape patterns, and complement and enhance the City’s hometown character. Existing design styles and particularly predominant streetscape patterns are encouraged to be respected. However, the zoning standards are intended to permit two- and three-story buildings. The City zoning and design criteria permit the proposed building scale, height and intensity. The project has responded to Board comments on the conceptual plan and specifically addressed building design, scale, mass and height. The current plans and materials include perspectives showing the building in relation to adjacent structures. The new building would be in scale with the adjacent downtown structures. Chapter 14.16 Site and Use Regulations Affordable Housing In 2009, the Ca Court of Appeals granted a decision (Palmer v. City of Los Angeles) which limits the City’s ability to require affordable housing for a market rate rental housing project. Thus, the project would not be required to provide affordable housing as a for-rent housing project. In this case, the project is requesting a state density bonus for three (3) additional market rate units, which subjects the project to the state density bonus and affordable housing requirements adopted by the City. In order to qualify for the requested density bonus, one (1) unit must be provided as affordable to “very low” income tenants (pursuant to Table 14.16.030-1). Thus, by providing at least 10% of the base units, or one (1) unit, as affordable to very low income tenants the project can receive a 33% increase over the City’s zoning district maximum base density of seven (7) units. This equals a 2.3 unit increase, which must be rounded up to 3 units per State law. In addition, the project qualifies for the following additional concessions per 14.16.030.a (which do not require financial pro-forma):  State parking standards for the residential units, including tandem and guest parking; and  Height bonus of six feet. The project may obtain two concessions for providing one very low income unit, pursuant to Table 14.16.030-1. While the tandem parking is listed as a concession, the state density bonus law clearly expresses that the tandem parking shall be provided by right and shall not be counted as one of the concessions. Guest parking requirements may also be waived upon request pursuant to the state density bonus regulations. Further, though the height bonus is listed as a concession, it still is processed through grant of a Use Permit. Lastly, staff notes that the commercial component is not subject to provision of affordable housing as it involves construction of less than 5,000 square feet in size. REPORT TO PLANNING COMMISSION - Case No: ED14-086 & UP14-020 Page 8 Height and FAR As noted in the discussion above, the project meets the height limit with a bonus pursuant to Section14.16.030 and 14.16.190 (based on its provision of affordable units), and is compliant with the base residential density and floor area ratio allowance established by the General Plan and Section 14.16.150.A.4 which applies to downtown. As stated previously, the height bonus is granted as an automatic zoning concession, but implemented through the City use permit process along with the mixed-use project. Chapter 14.17.100 Performance Standards The Performance Standards, Section 14.17.100 (administrative use permit review for mixed-use development), requires review of mixed use projects for compliance with the following standards:  Location. In the 4SRC and WEV districts, residential units may be located above the ground floor, and on rear portions of the ground. Location of residential units in the 2/3 MUE and MUW, GC, FBWC, HO, C/O, CSMU, M and NC districts shall be determined through project review.  Access. Residential units shall have a separate and secured entrance and exit.  Parking. Residential parking shall comply with Chapter 14.18, Parking Standards, of this title.  Noise. Residential units shall meet the residential noise standards in Section 14.16.260, Noise standards, of this title.  Lighting. All exterior lighting shall be sufficient to establish a sense of well-being to the pedestrian and one that is sufficient to facilitate recognition of persons at a reasonable distance. Type and placement of lighting shall be to the satisfaction of the police department. The minimum of one foot-candle at ground level shall be provided in all exterior doorways and vehicle parking areas.  Refuse Storage and Location. An adequate refuse storage area shall be provided for the residential use.  Location of new residential units shall consider existing surrounding uses in order to minimize impacts from existing uses. No issues with the performance standards have been identified in either the prior conceptual or current formal design proposal. Preliminary geotechnical and environmental assessments have been provided which indicate the site is suitable for the proposed development (Exhibit 5). Chapter 14.18 Parking Parking Demand and Supply The site currently maintains on-site parking for the existing commercial use. Therefore, off-street parking for the nonresidential portion of the mixed-use development would be required to be maintained. Pursuant to SRMC Chart 14.18.040 the project would generate maximum demand for off -street parking, as follows: 1 space per 250 gross retail building area = 3 spaces 1 space for each 1 bedroom unit = 9 spaces 1.5 space for each 2 bedroom unit* = 2 spaces TOTAL 14 Spaces *Located in downtown, outside of the parking district Guest parking would typically be required for this project given that it lies within 200 feet of a residential HR1 district (downtown residential neighborhood on Latham and G Streets). However, as noted above, the guest parking requirement may also be waived upon request pursuant to the state density bonus regulations (based on the fact that the project is proposing affordable units). In addition, the project may propose tandem parking pursuant to the state density bonus regulations. Parking Facility Design Staff has not identified any specific site design issues with the proposed parking layout. However, Public Works has required that the proposed gates to the garage entry shall be set back 20 feet from the back REPORT TO PLANNING COMMISSION - Case No: ED14-086 & UP14-020 Page 9 of sidewalk (in order to allow cars to pull off the street and not block the sidewalk while waiting for the gate to open). Conditions of approval are recommended to address Public W orks requirements, to incorporate directional signage to parking areas, and to encourage shared use of residential parking spaces during daytime hours. No deviations to the parking stall dimensions or design have been requested, which could be considered subject to review by the City Engineer. Potential Parking Modifications and Shared Parking Provisions (Not Currently Proposed) The applicant had originally proposed to request a parking modification to reduce the on-site parking through shared residential and commercial parking. However, the applicant decided not to pursue a shared parking arrangement based on neighborhood concerns with existing parking issues in their downtown residential neighborhoods (Latham, Ida, F and G streets). The applicant had prepared a parking analysis to show whether a parking modification could be supported for the project (in order to provide a larger retail space) (Exhibit 5). This analysis has been included with this report in the event that the Commission wanted to discuss this as an option, specifically to increase the retail component of the project. In summary, the parking report supports that a reduction in on-site parking could be provided for a downtown mixed use development given the following factors:  There exist opportunities for the parking spaces provided on-site to be shared during the day, when demand is greatest.  There are alternative transit options in the immediate area including transit and bicycling.  The vacancy rate for on-street parking during the PM peak hours ranges from 70 to 85 percent within the immediate vicinity of the project (i.e., on the block around the site and extending east on Fourth Street and to the south on G Street). Demand for parking will vary in the commercial area depending on operating hours, characteristics and success of the various uses in the area. The report indicates that it is confident that this report reflects the peak impacts that would be experienced with the use. If a parking modification were pursued, additional findings for a use permit must be made. If a parking adjustment were to be considered, the following additional use permit findings should be made to be consistent with Sections 14.18.040.B and 14.18.080:  The proposed parking provides adequate parking for the use that is fair, equitable, logical and consistent with the intent of the Parking regulations.  The proposed parking promotes safe and efficient parking, insulate surrounding land uses from adverse impacts, promote the health and vitality of land uses by providing reasonable satisfaction for normal parking demands during peak demand, and establish standards that reflect the more urban character of downtown.  The total parking provided shall not be less than would be required for any one of the independent uses. The project has the potential to increase parking supply in the area during daytime hours, based on one additional on-street parking space that would be created by the project and assuming that most of the residential spaces would be vacant during the daytime hours. Additional conditions of approval may need to be required if a parking modification were included as part of the project, as needed to ensure long- term compatibility between uses on-site and the surrounding neighborhood. Chapter 14.22 Use Permits The height bonus and mixed use development both are being referred to the Planning Commission for action as concurrent entitlements. The project complies with the applicable zoning criteria including the performance standards as discussed in Chapter 14.17 discussion above. The site is considered to be REPORT TO PLANNING COMMISSION - Case No: ED14-086 & UP14-020 Page 10 suited for the proposed mixed use project, which is encouraged in the WEV district on sites that are physically suited for this type of development. As proposed and conditioned the project would not create any noise, traffic, parking, loss of light and air, privacy, creation of undue glare or hazards from use or design, or other compatibility conflicts with adjacent uses or residential neighborhoods and residents in the area. Findings for approval of the proj ect with conditions have been recommended in the attached resolution, Exhibit 2. Chapter 14.25 Design Review The Design Review, Section 14.25.050, establishes the following general criteria:  Plans shall be prepared by a design professional designated legally competent under the building code.  Development should be related accordant to existing development in the vicinity. The colors, materials, scale and design of structures in the area should be considered. Design elements and approaches should include: Creation of interest in the elevation, pedestrian oriented design, sense of entry, variation in building placement and height, ADA accessibility requirements, energy efficiency, equal attention to all sides of buildings, sensitivity to highly visible locations, orient bedrooms/patios to avoid noise sources, consider usable active areas, etc.  There should be consistent organization of materials and a balanced relationship of major elements. Colors and materials should be of high quality, consistent with the surrounding and avoid highly contrasting colors or finishes.  Provide good vehicular, bicycle and pedestrian circulation and access.  Entrances to garages should be well defined.  The design shall give due regard of the orientation of structures to the street and climatic considerations.  Proper site drainage systems shall be included.  Utility connections shall be installed underground.  Refuse collection areas shall be screened, and provide adequate ingress and egress.  Exterior lighting should be adequate for safety of building occupants but avoid creating off-site spillover or glare impacts.  Consider signage needs in the design concept. Architectural Details Based on review of the prior conceptual review and revised formal plan submittal, staff has concluded that the design approach responds adequately to these criteria. The project includes outdoor usable space, which is encouraged. The building projections are considered to be appropriate for downtown mixed-use development and the balcony and awning projections are supported. The plan also includes required handicap parking and bike storage areas which are encouraged. Lighting and Signage Concepts No lighting or signage concerns have been identified. Lighting would be subject to a post-installation review to assure no glare or spillover onto adjacent properties would result. Signage for the downtown area typically is required to be individual letters placed on the building wall with indirect or halo illumination. Internally illuminated letter, box and cabinet signs are discouraged in general and particularly within the downtown area. Landscaping and Tree Planting Plan The applicant has presented an evaluation of the on-site trees which has concluded that it would not be feasible to preserve the existing trees. New street trees are recommended that would match the existing palette implemented by the City on Fourth Street. The tree removal and replacement proposal is supported, along with the landscaping concept for the building frontages. REPORT TO PLANNING COMMISSION - Case No: ED14-086 & UP14-020 Page 11 Other Details Site parking access, drainage, utilities etc. have been discussed in this report and determined to meet the applicable City standards and design criteria. No additional concerns or issues have been raised based on review of these elements based on the review criteria in Chapter 14.25. San Rafael Design Guidelines: In addition to the specific zoning criteria listed above, the nonresidential design guidelines may be used for guidance and to ensure compliance with the General Plan 2020 design criteria. The pertinent nonresidential design guidelines criteria are attached (Exhibit 4). These guidelines support providing strong relationship with the street frontage, and for including details to reduce perceived building height in this location. No design guideline criteria issues have been identified by staff or the Design Review Board. DESIGN REVIEW BOARD RECOMMENDATION As noted above, this past July and October the DRB conducted conceptual and formal review of the project. At its October 7, 2014 meeting the Board voted unanimously (5-0) to support the project as presented (Commissioner Shaefer liaison). The DRB determined that the project responded to its comments at the conceptual level. Minor design comments were discussed and resolved such as whether the project should provide two garage openings with an opening onto Fourth Street, whether some of the existing mature trees on-site could be preserved, and that landscaping should be encouraged to extend into the right of way. The Board concluded that the project adequately addressed all City design, zoning and development standards, and that the new driveways would be substantially similar to the existing curb cuts and would provide safe and efficient vehicle access. The Board meetings can be viewed online at: http://www.cityofsanrafael.org/meetings/. ENVIRONMENTAL DETERMINATION The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15332 (Class 32 categorical exemption) of the CEQA Guidelines which exempts development on in-fill sites that are already served and surrounded by urban development on all sides. The Class 32 exemption is appropriate and consistent with the provisions of CEQA in that the project involves construction of a mixed-use development project on a small in-fill site meeting the following conditions: A. The project is consistent with the General Plan WEV land use designation and all applicable General Plan 2020 policies as well as the applicable zoning designation and regulations as discussed in the findings above. Pursuant to State Law, the density bonus does not require an amendment to the General Plan and zoning provisions and is deemed consistent. B. The proposed development occurs with the City limits on a project site of no more than five-acres in size, that is currently developed, that is located in a downtown urban setting and that is surrounded by urban development on all sides. C. The entire project site is currently graded and developed with an existing commercial use and has no value as habitat for endangered, rare or threatened species. D. Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality given that: 1. The project has a minimal net increase in traffic over the current use, and would pay all required traffic mitigation fees identified by the City as necessary to fund the improvements required to accommodate the build-out anticipated for the site and area under the General Plan 2020. REPORT TO PLANNING COMMISSION - Case No: ED14-086 & UP14-020 Page 12 2. The project is consistent with the General Plan 2020. 3. The site is not subject to undue air quality impacts and would be served by mechanical ventilation systems in compliance with building code requirements. Furthermore, site grading would not be substantial in scope or duration and would be controlled through issuance of grading and building permits. 4. Noise requirements apply to the project that require compliance with interior noise standards established by the General Plan 2020 that are also enforced by building codes and would be verified through the building permit process. 5. Light and glare concerns have been identified and addressed in project conditions of approval. 6. The project would not have any impacts on public views nor be subject to any other ‘exceptions’ that would preclude the use of a categorical exemption in this case. 7. The project requires a grading permit that would include best management practices imposed and enforced, on plans and during construction, by the Department of Public Works, which are required to comply with local storm water pollution prevention program (SWPPP) requirements. There are no unique issues associated with the project or site that would warrant further study or CEQA environmental review. NEIGHBORHOOD MEETING / CORRESPONDENCE Notice of hearing for the project was conducted in accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and occupants within a 400-foot radius of the subject site, the Downtown Business District, the Federation of San Rafael Neighborhoods, and all other interested parties, 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, including this hearing. Copies of all written public correspondence on the proposed project received to date are attached to this report as Exhibit 7. Several neighbors, residents, business owners and interested members of the public commented for and against the project at the Design Review Board meetings. The comments are summarized as follows:  Neighbors opposed to the project were concerned that the building did not fit with the WEV character, the change that would occur from the loss of Hanna’s and the existing character the site contributes to the area, impacts on existing traffic and parking in the area, and impact on water resources.  Comments were made in support that the building would help to revitalize the area, would provide housing that would have less impact on resources and was suitable and appropriate for the site There were no alternative solutions identified or discussed for the project based on the public comments. The public comments can be viewed online at: http://www.cityofsanrafael.org/meetings/. OPTIONS The Planning Commission has the following options: 1. Approve the project with conditions, as presented (staff recommended) 2. Approve the project with revisions identified as necessary to implement the goals, policies and standards of the WEV district 3. Continue the applications to allow the applicant to address additional comments or concerns of the Commission 4. Deny the project, either with or without prejudice, and direct staff to return with a revised resolution (not recommended) REPORT TO PLANNING COMMISSION - Case No: ED14-086 & UP14-020 Page 13 EXHIBITS Page No. 1. Vicinity/Location Map 15 2. Draft Resolution 17 a. General Plan Consistency Table 33 3. Sustainability Checklist 65 4. San Rafael Design Guidelines (excerpt) 71 5. Technical Reports and Studies a. SalemHowes Associates Inc., Geotechnical Investigation (8 July 2014) 77 b. Will Bono Environmental Services, Phase II Investigation (2/06/98) 96 c. ArborLogic Consulting Arborist, Assessment / Inspection (Aug. 21, 2014 / Jul. 19, 2014) 123 d. Design Review Hydrology Report, G Square (10/2/2014) 127 e. Fehr & Peers, Parking Analysis / Trip Generation (Sep. 29, 2014 / Sep. 25, 2014) 136 6. Building Height Exhibit 146 7. Public Correspondence 148 8. Project Plans (Distributed to the Planning Commission)