HomeMy WebLinkAboutZoning Administrator Hearing 2024-05-15 Minutes
SAN RAFAEL ZONING ADMINISTRATOR
REGULAR HEARING
May 15, 2024
Minutes and Notice of Decision
(Pursuant to San Rafael Municipal Code 14.28.050)
10:01 – 10:17
am
1. 1050 Andersen Drive. Request to approve a Minor Environmental
and Design Review permit for the replacement of three (3) existing
outdated underground storage tanks and associated equipment with
a single 12,000-gallon aboveground storage tank, along with two (2)
dispensers and 45’x26’ canopy cover, lighting, and the re grading of
an existing driveway at 1050 Anderson Drive; APN: 018-180-72;
Planned Development (PD1933) / Public/Quasi-Public (P/QP)
Zoning District
Project Planner: Laylonni Laster, Consulting Assistant Planner
PERMITS REQUIRED
Pursuant to San Rafael Municipal Code (SRMC) Section 14.25.040, an Environmental and
Design Review permit (PLAN23-148/ ED23-064) is required for accessory structures on
developed non-residential properties over one hundred twenty (120) square feet in size and minor
site design improvements including driveways, as applicable. This permit is subject to a zoning
administrator public hearing.
PROJECT DESCRIPTION
The proposed project at 1050 Anderson Drive includes the demolition and closure of three (3)
existing outdated underground fuel storage tanks and associated equipment consistent with
Section 25292.05 of the Health and Safety Code, which requires single-walled underground
storage tanks to be permanently closed. The project also consists of the installation of one 12,000-
gallon aboveground split fuel tank with height of 8’-6” which will be used for fueling Marin Sanitary
Service trucks and equipment. Additionally, the project would involve the installation of two (2)
fuel dispensers with an 18’ tall canopy covering an area of 45’x26’, and associated lighting. The
project entails the construction of a concrete tank foundation slab and concrete fueling slab with
containment berm and catch basin. A low retaining wall will be constructed on three sides of the
tank slab. The existing paved driving aisle will be re-graded to accommodate access to the fueling
stations. Overall, the estimated cut/fill of the proposed project consists of 17 cubic yards of cut
and 102 cubic yards of fill, with a disturbed area of 4,615 square feet.
PUBLIC HEARING
On May 15, 2024, a Zoning Administrator hearing was held to consider the Environmental
and Design Review Permit (PLAN23-148/ ED23-064). The Acting Zoning Administrator for
this meeting, Renee Nickenig, opened the hearing at 10:01 am.
A. Planner Presentation
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Kavitha Kumar, the Project Planner, and Assistant Planner, Laylonni Laster provided an
overview of the staff report which included the executive summary, project description,
project findings for approval, and the project conditions.
B. Applicant presentation
The executive vice president of Marin Sanitary Service, John Oranje, and his
representative, Michael Culpepper, were present at the meeting. They confirmed that they
had reviewed the Conditions of Approval and had no questions or comments on them.
C. Public Comments
No public comments were received prior to the hearing or during the hearing.
D. Zoning Administrator Discussion
The Zoning Administrator reviewed the project for decision.
E. Action
The Zoning Administrator approved the request for an Environmental and Design Review
Permit for the replacement of three (3) existing outdated underground storage tanks and
associated equipment with a single 12,000-gallon aboveground storage tank, along with
two (2) dispensers and 45’x26’ canopy cover, lighting, and the re grading of an existing
driveway at 1050 Anderson Drive subject to the conditions listed below.
The public hearing for this item was adjourned at 10:17 am.
FINDINGS
The following findings reference the findings previously made to approve ED23-064.
CEQA Findings
The project is categorically exempt from the provisions of the California Environmental Quality
Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations,
§15000, et seq.) pursuant to CEQA Guidelines Sections 15301 (“Existing Facilities”), 15302
(“Replacement or Reconstruction”), and 15330 (““Minor actions to prevent, minimize,
stabilize, mitigate or eliminate the release or threat of release of hazardous waste or
hazardous substances”). Furthermore, none of the exceptions found in Government Code
§15300.2 apply.
Environmental and Design Review Permit (ED23-064) Findings (SRMC §14.25.090)
A. That the project design is in accord with the general plan, the objectives of the
zoning ordinance and the purposes of this chapter;
The site is designated as General Industrial on the General Plan 2040 Land Use Map
which allows uses that are ancillary to activities such as manufacturing, storage,
warehouse facilities, contractor uses and yards, wholesalers, sand and gravel plants,
solid waste management, recycling facilities, and trucking yards or terminals. The
current use of the property is for industrial purposes. Removal of single-walled USTs
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consistent with the Health and Safety Code, and installation of the proposed 12,000
gallon aboveground fuel storage tank and associated dispensers and canopy will
support the existing use. The proposed project site is within the Planned Development
zoning district, specifically within the industrial zone. The project’s proposed use
complies with the Master Use Permit that is consistent with the PD district
development standards. Within the PD, the subject project site is within the designated
“Area A”, which is part of the operation area for municipal waste management. Area
A permits structures, outdoor yards and materials processing areas, ancillary sales,
storage of resource and recovery materials, and interim storage uses. Therefore, the
proposed installation of the 12,000 gallon aboveground storage tank, dispensers, and
canopy structure are permitted within Area A.
B. That the project design is consistent with all applicable site, architecture and
landscaping design criteria and guidelines for the district in which the site is
located;
The proposed project site is within the Planned Development zoning district and is or
would be required to be consistent with the development standards of the site’s
planned development agreement. The proposed installation of the 12,000-gallon
aboveground storage tank, dispensers, and canopy structure is permitted within
designated Area A, which is part of the operational area of municipal waste
management. Within the Planned Development, the general development standards
require a minimum landscaped area of 10%. After project implementation, the
landscaped area would consist of 16.43%, which would meet and exceed the PD
standards. According to the PD operational restrictions, materials, vehicles and
containers stored within the approved work areas shall, in general, be kept no higher
than twenty feet the ground surface. The proposed aboveground storage tank would
be at a height of 8’-6” and thus would not exceed the standard.
C. That the project design minimizes adverse environmental impacts;
The project is proposing to remove single-walled underground storage tanks (UST)
in compliance with the State Water Resources Control Board’s request. The required
removal of the UST is intended to protect the health and safety of the people of the
state from the dangers of contamination and protect the environment from
hazardous substance releases. Additionally, the removal of the existing UST would
also include the preparation of a UST Closure Commitment Plan, per the State
Water Resources Control Board’s request. The UST Closure Commitment Plan
would assist Certified Unified Program Agencies (CUPAs) in the arrangement of
staff, in the issuance of permits, and inspection. Therefore, the removal of the
existing USTs would reduce the potential for adverse environmental impacts related
to an outdated UST. The project is categorically exempt from the provisions of the
California Environmental Quality Act and none of the exceptions of Section 15300.2
apply. As such, the project design minimizes adverse environmental impacts.
D. That the project design will not be detrimental to the public health, safety or
welfare, nor materially injurious to properties or improvements in the vicinity.
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The project proposes to remove outdated USTs, per the State Water Quality Control
Board’s request. As such, the proposed project would enable compliance with Senate
Bill (SB) 445 and the Health and Safety Code, Chapter 6.7 (H&SC) Section 25292.05.
Senate Bill 445 was introduced for the immediate preservation of public peace, health,
or safety from potential hazardous substance contamination. Additionally, the project
is subject to review by the City of San Rafael and appropriate agencies, where
applicable. Any conditions of approval from City departments and outside agencies
will be incorporated to ensure the project will not be detrimental to the public health,
safety, or welfare, nor materially injurious to properties or improvements in the project
vicinity. The project is categorically exempt from the provisions of the California
Environmental Quality Act and none of the exceptions of Section 15300.2 apply. As
such, the proposed project design would not be detrimental to public health, safety, or
welfare, nor materially injurious to properties or improvements in the vicinity.
CONDITIONS OF APPROVAL
The following are conditions of approval applied to the proposed project (PLAN23-148/ ED23-
064) as provided herein:
Planning Department Conditions of Approval
1. Approved Project. This Environmental and Design Review Permit (ED23-064)
conditionally approves the replacement of three (3) existing outdated underground
storage tanks and associated equipment with a single 12,000 gallon aboveground
storage tank, along with two (2) dispensers and 45’x26’ canopy cover, lighting, and
the re-grading of an existing driveway at 1050 Anderson Drive. Plans submitted for
building permit shall be in substantial conformance to the approved plans on file, with
regard to building techniques, materials, elevations, and overall project appearance
except as modified by these conditions of approval. Minor modifications or revisions
to the project shall be subject to review and approval by the Community Development
Department, Planning Division. Modifications deemed greater than minor in nature by
the Community Development Director shall require review and approval by the Zoning
Administrator.
2. Subject to All Applicable Laws and Regulations. The approved use and/or construction
is subject to, and shall comply with, all applicable City Ordinances and laws and
regulations of other governmental agencies. Prior to construction, the applicant shall
identify and secure all applicable permits from the Building Division, Public Works
Department and other affected City divisions and departments.
3. Permit Validity. This Permit shall become effective on May 22, 2024, and shall be valid
for a period of two (2) years from the date of final approval or May 22, 2026, and shall
become null and void if a building permit is not issued or a time extension granted by
May 22, 2026. A permit for the construction of a building or structure is deemed
exercised when a valid City building permit, if required, is issued, and construction has
lawfully commenced. A permit for the use of a building or a property is exercised when,
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if required, a valid City business license has been issued, and the permitted use has
commenced on the property.
4. Building Permit. Prior to the commencement of work, a building permit shall be
obtained from the Building Division.
5. Construction Hours. Except as otherwise provided in subsection B of the San Rafael
Municipal Code Section 8.13.050, or by the planning commission or city council as
part of the development review for the project, on any construction project on property
within the city, construction, alteration, demolition, maintenance of construction
equipment, deliveries of materials or equipment, or repair activities otherwise allowed
under applicable law shall be allowed between the hours of seven a.m. (7:00 a.m.)
and six p.m. (6:00 p.m.), Monday through Friday, and nine a.m. (9:00 a.m.) and six
p.m. (6:00 p.m.) on Saturdays, provided that the noise level at any point outside of the
property plane of the project shall not exceed ninety (90) dBA. All such activities shall
be precluded on Sundays and holidays. Violation of the foregoing may subject the
permittee to suspension of work by the chief building official for up to two (2) days per
violation.
6. Colors, Materials, and Lighting. Colors, materials and lighting shall be designed to
avoid creating undue off-site light and glare impacts. New or amended building or site
colors, materials and lighting shall comply with San Rafael Municipal Code Section
14.16.227, subject to review and recommendation by the police department, public
works department, and community development department.
7. Exterior Lighting. Any exterior lighting shall be subject to a 90-day post installation
inspection to allow for adjustment and assure compliance with San Rafael Municipal
Code Section 14.16.227 - Light and glare. The project proponent is responsible for
hiring a qualified lighting - 5 - expert to conduct the inspection and to prepare a
summary analysis verifying the projects meets City standards to be submitted to the
Planning Division.
8. Rooftop Equipment. Equipment placed on the rooftop of a building or in an exterior
yard area shall be adequately screened from public view. See Chapter 14.16 for
exclusions to maximum height requirements and Chapter 14.25 for design review
requirements.
9. Temporary Fences. Temporary security fences may be erected around construction
sites during the time a valid building permit is in effect for construction on the premises.
Temporary security fences need not comply with San Rafael Municipal Section
14.16.140 and must be immediately removed upon completion of the construction
authorized by the building permit.
10. Landscape Maintenance. All landscaping shall be maintained in good condition and
any dead or dying plants, bushes, trees, or groundcover plantings shall be replaced
with new healthy stock of a size appropriate and compatible with the remainder of the
growth at the time of replacement.
11. Approved Materials and Colors. The approved materials and colors for the project
shall be indicated on project plans submitted for building permit and implemented in
the field. Any changes in materials or colors shall be subject to prior review and
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approval by the City Planning Division, and a determination as to whether the change
is major or minor. Any changes to the approved materials or colors shall be clearly
indicated on plans and receive written verification that this change has been reviewed
and approved by the Planning Division.
12. Provide a lighting plan with the deferred submittal for the 45’x26’ canopy and
associated lighting.
Public Works Department Conditions of Approval
13. This project includes more than 50 CY of earthwork therefore a grading permit shall
be required from the Department of Public Works prior to start of construction.
Application material can be found on the City’s website:
https://www.cityofsanrafael.org/grading-permits/
14. A construction vehicle impact fee shall be required at the time of building permit
issuance, which is calculated at 1% of the valuation, with the first $10,000 of valuation
exempt.
15. A minor temporary encroachment permit is required from the Department of Public
Works prior to conducting any work within or any time the Public Right-of-Way (ROW)
is restricted. This includes placing debris boxes in the street. Encroachment permits
can be applied for online on the city of San Rafael website:
https://www.cityofsanrafael.org/encroachment permits/
16. The proposed driveway will need to be compliant with ADA requirements.
Fire Department Conditions of Approval
17. Provide emergency procedures signage, per CA Fire Code (CFC) 2304.3.5.
18. Provide operating instructions signage, per CFC section 2304.3.4.
19. A Fire Prevention permit is required if a pull station is utilized for this project. Submit a
separate (deferred) Fire Alarm permit. The deferred permit shall be signed off at or
prior to the fire department’s final inspection.
ACTION TAKEN: On May 15, 2024, the Zoning Administrator Conditionally Approved
the request for an Environmental and Design Review Permit subject to the Findings
and Conditions above. The requested Environmental and Design Review Permit is file
number PLAN23-148 and ED23-064.
This Notice of Zoning Administrator decision is provided in compliance with SRMC Section
14.28.050 - Notice of decision. Any aggrieved party may appeal this decision pursuant to
SRMC Section 14.28.030 - Filing and time limit of appeals, by submitting a letter of appeal
and the appropriate fees within five (5) working days of the date of approval, or by May 22,
2024, at 5:00 p.m. This approval shall become effective at the end of the appeal period.
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Once a permit approval has been implemented/established in compliance with all City
requirements, it shall run with the land and be valid for the time period specified; e.g., duration
of the project/use.
Margaret Kavanaugh-Lynch, Acting Zoning Administrator Date
May 29, 2024