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HomeMy WebLinkAboutZoning Administrator Hearing 2024-11-06 Agenda PacketZoning Administrator Hearing Wednesday, November 6, 2024 10:00 AM Join In-Person Meeting: Community Development Small Meeting Room, San Rafael City Hall 1400 Fifth Avenue, 3rd Floor, San Rafael, CA 94901 Zoom Website/App: http://tinyurl.com/ZA-Hearing-2024 or Telephone: (669) 444-9171 Webinar ID: 827 0869 6241# Agenda 1. 921 del Presidio Blvd., Environmental and Design Review – PLAN23-009 Request to approve a Minor Environmental and Design Review Permit for addition of 906 square feet to an existing 235 square feet retail space and to modify vehicle circulation in the parking lot of an existing fuel service station at 921 Del Presidio Blvd (ED23-036) 2. Adjournment - 1 - Community Development Department – Planning Division Meeting Date: November 06, 2024 Project Number(s): PLAN23-009, ED23-036 Project Planner: Bhavani Potharaju, Associate Planner Agenda Item: 1 REPORT TO ZONING ADMINISTRATOR SUBJECT: 921 Del Presidio Blvd. Request to approve a Minor Environmental and Design Review Permit for addition of 906 square feet to an existing 235 square feet retail space and to modify vehicle circulation in the parking lot of an existing fuel service station at 921 Del Presidio Blvd; APN: 175-322-03; General Commercial (GC) Zoning District; PLAN23-009, ED23-036. EXECUTIVE SUMMARY Pursuant to San Rafael Municipal Code (SRMC) Sections 14.25.040(B)(2j) and 14.25.040(B)(3d), an Environmental and Design review permit is required for additions 40% or less than the existing square footage in a non-residential structure and for design improvements to parking areas. This permit is subject to a public hearing at the Zoning Administrator level. PROJECT DESCRIPTION The existing use of 921 Del Presidio consists of a gas station, a car wash, 320 square feet of office space, and 235 square feet of retail space. The total existing square footage including car wash is approximately 2000 square feet. The proposed project includes an addition of 906 square feet to the existing retail space and modification of parking lot circulation. The project site has 9 existing parking spaces which will be relocated and modified to conform with the parking facility design requirements and vehicle circulation as required by SRMC Chapter 14.18. The project requires the following entitlements: Minor Environmental and Design Review. Pursuant to SRMC Section 14.25.040(B)(2j) and 14.25.040(B)(3d), additions that are 40% or less of the existing square footage in an existing non- residential structure and improvements to parking area require a Minor Environmental and Design Review Permit, subject to the Zoning Administrator’s determination. FINDINGS The following tables demonstrates the projects consistency with findings required for approval the of Environmental and Design Review contained in Section 14.25.090 of the San Rafael Municipal Code. CEQA Finding Yes No The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) and X Section 15301 (“Existing Facilities”) The project consists of additions to an existing non-residential building, not to - 2 - none of the exceptions of Section 15300.2 apply. exceed more than 40% of the existing building area. Environmental and Design Review Permit (SRMC §14.25.090) Yes No Finding A That the project design is in accord with the general plan, the objectives of the zoning ordinance and the purposes of this chapter: X The proposed project site is designated as Community Commercial Mixed Use (GC) on the General Plan 2040 Land Use Map which primarily allows uses that are general retail and service uses, restaurants, automobile sales and service uses, hotels/ motels, and other commercial activities. The existing use of the project site consists of a gas station, car wash, office space and retail space. The proposed project supports the continued use of the retail space. The project was found to be consistent with the General Plan, applicable General Plan Policies and with the applicable regulations contained in the City of San Rafael Zoning Ordinance. Finding B 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: X The proposed project site is within the General Commercial zoning district and is found to be consistent with the development standards of SRMC 14.05.020. The proposed 906 square foot expansion of retail space supports the purpose of General Commercial zoning district to promote appropriately located business. Additionally, the site design will be improved by relocating parking spaces to facilitate better traffic circulation. Finding C That the project design minimizes adverse environmental impacts: X The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 “Existing Facilities”. The project creates no new adverse environmental impacts and does not alter the existing permitted use of the General Commercial zoning district. Finding 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. X The proposed project was reviewed by the City of San Rafael and appropriate agencies, where applicable, conditions of approval were 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. Additionally, the proposal will require procurement of a building permit to ensure safe construction. - 3 - CONDITIONS OF APPROVAL 1. Approved Project. This Environmental and Design Review Permit (ED23-064) conditionally approves the addition of 906 square feet to an existing 235 square feet retail space and to modify vehicle circulation in the parking lot at 921 Del Presidio Blvd. Plans submitted for building permit shall be in substantial conformance to the approved plans dated July 29, 2024 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 and Economic Development Department, Planning Division. Modifications deemed greater than minor in nature by the Community and Economic 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 November 11, 2024, and shall be valid for a period of two (2) years from the date of final approval or November 11, 2026, and shall become null and void if a building permit is not issued or a time extension granted by November 11, 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, if required, a valid City business license has been issued, and the permitted use has commenced on the property. 4. 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. 5. 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 applicant is responsible for hiring a qualified lighting expert to conduct the inspection and to prepare a summary analysis verifying the projects meets City standards to be submitted to the Planning Division. 6. 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. 7. 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. - 4 - 8. 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. Department of Public Works Conditions of Approval 9. 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. 10. An 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. Encroachment permits can be applied for online on the City of San Rafael website: https://www.cityofsanrafael.org/encroachment- permits. Fire Department Conditions of Approval 11. The design and construction of all site alterations shall comply with the 2022 California Fire Code, current NFPA Standards, and all applicable City of San Rafael Ordinances and Amendments. 12. Deferred Submittals for the following fire protection systems shall be submitted to the Fire Prevention Bureau for approval and permitting prior to installation of the systems: a. Fire Sprinkler plans (Deferred Submittal to the Fire Prevention Bureau) b. Fire Underground plans (Deferred Submittal to the Fire Prevention Bureau) c. Fire Alarm plans (Deferred Submittal to the Fire Prevention Bureau) 13. The fire apparatus access roadway must conform to all provisions in CFC Section 503 and Appendix D. 14. A Knox Box is required at the primary point of first response to the building. A recessed mounted Knox Box # 3200 Series is required for new buildings; surface mount for all others. the Knox Box shall be clearly visible upon approach to the main entrance from the fire lane. Note the Knox Box must be installed from 72” to 78” above finish grade; show the location on the plans. https://www.knoxbox.com/commercial-knoxboxes/ 15. When additions or alterations are made, the nearest existing fire hydrant shall be upgraded. Residential model: Clow 950. Commercial Model: Clow 960. This is required for the hydrant located at: 16. Fire lanes must be designated; painted red with contrasting white lettering stating, “No Parking Fire Lane” A sign shall be posted in accordance with the CFC Section 503.3 and to the satisfaction and approval of the San Rafael Parking Services Division. 17. Hazardous Materials Placards shall be installed in accordance with NFPA 704. 18. Provide a Hazardous Materials Management Plan to be submitted to Marin County Department of Public Works, CUPA. 19. Provide address numbers plainly visible from the street or road fronting the property. Numbers painted on the curb do not qualify as meeting this requirement. Numbers shall contrast with the background and shall be Arabic numbers or letters. Numbers shall be internally or externally illuminated in all new construction or substantial remodels. Number sizes are as follows: For residential – 4” tall with ½” stroke. For commercial – 6” tall with ½” stroke. Larger sizes might be required by the fire code official or in multiple locations for buildings served by two or more roads. - 5 - 20. A Fire Construction Plan will be required. Contact the Fire Prevention Division to obtain a copy of this document. 21. Contact the Marin Municipal Water District (MMWD) to make arrangements for the water supply serving the fire protection system. PUBLIC COMMENT Notice of hearing for the project was conducted in accordance with noticing requirements contained in Chapter 14.29 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 all other interested parties, 15 calendar days prior to the date of this hearing. No public comment has been received by the date of this staff report.