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Home My WebLink AboutZoning Administrator Hearing 2024-10-30 Agenda PacketZoning Administrator Hearing Wednesday, October 30, 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 Join Virtual Meeting: Zoom Website/App: http://tinyurl.com/ZA-Hearing-2024 or Telephone: (669) 444-9171 Meeting ID: 832 2935 4287# Agenda 1. 1599 Francisco Blvd., Temporary Use Trailers PLAN24-073 / UP24-018 Request for a Zoning Administrator Use Permit to allow the use of temporary trailers during the construction of tenant improvements to the Sonnen BMW Auto Dealership. APN: 009-320-50; San Rafael Shoreline Center, Shoreline Parkway Planned Development (PD1895) Permit # PLAN24-073 (UP24-018). 2. Adjournment - 1 - Community Development Department – Planning Division Meeting Date: October 30, 2024 Project Number(s): UP24-018 (PLAN24-073) Project Planner: Jose M. Herrera-Preza, Principal Planner Agenda Item: 1 REPORT TO ZONING ADMINISTRATOR SUBJECT: 1599 Francisco Blvd. Request for a Zoning Administrator Use Permit to allow the use of temporary trailers during the construction of tenant improvements to the Sonnen BMW Auto Dealership. APN: 009-320-50; PD(1895); UP24-018 (PLAN24- 073). EXECUTIVE SUMMARY Pursuant to San Rafael Municipal Code (SRMC) Section 14.17.130(D) and 14.22.080, a Zoning Administrator Use Permit is required for temporary uses within a PD district. PROJECT DESCRIPTION Request for a Zoning Administrator Use Permit to allow the use of temporary trailers during the construction of tenant improvements to the Sonnen BMW Auto Dealership. A total of six temporary trailers will be sited along two areas of the parcel to serve as temporary offices for the sales and service programming of the facility. The temporary trailers are a necessity to maintain business operations for the duration of time needed to complete the renovations to the building. Building permit B2308-144 has been issued and currently under construction. FINDINGS Findings for Use Permit (UP24-018) CEQA Finding Yes VALID The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) and none of the exceptions of Section 15300.2 apply. X YES Section 15311. Accessory Structures. Use Permit (SRMC §14.17.130D) Yes No Finding A - 2 - The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. X The temporary office trailers serving the sales and service operations of the business will be placed in areas of the parcel that will not be in danger of impacting the public right-of-way. Finding B The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site. X The temporary trailers will be located entirely on the project site. The trailers will be sited in areas that will allow for the customers to access the site in a safe and convenient manner. Finding C The proposed site is adequately served by streets having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably generate. X No additional traffic will be created by the installation of the temporary trailers. The trailers are sited in areas that of the parcel that are easily accessible and will not involve overflow onto the city right-of-way. Finding D Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the community development director. x No additional parking will be required as a result of the installation of the temporary trailers. Zoning Administrator Use Permit Findings (SRMC §14.22.080) Yes No Finding A 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. X The proposed temporary use is allowable in the Planned District on which the site was developed. Temporary trailers in the PD have been determined to be incidental to the principally permitted land uses. The temporary office trailers, as proposed and as conditioned, will be in compliance with the applicable performance standards of SRMC Section 14.17.130. - 3 - CONDITIONS OF APPROVAL Conditions of Approval for UP24-018 1. Approved Use. This Zoning Administrator Use Permit to allow the use of temporary trailers during the construction of tenant improvements to the Sonnen BMW Auto Dealership at 1599 Francisco Blvd., SRMC Section 14.17.130(D). 2. Permit Validity. This Permit shall become effective on October 30, 2024 and shall be valid for a period of one (1) year from the date of final approval or throughout the construction phase of the renovation and expansion of the existing automobile dealership on site. The trailers shall be removed following the completion of the project (PLAN22-069/B2308-144) 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. 3. Hours of Operation. The temporary trailers are permitted to operate during the permitted hours of construction permitted by the Building Division under B2308-144. 4. Building Permit. Prior to the commencement of work, a building permit shall be obtained from the Building Division. 5. Plans and Representations Become Conditions. Except as modified by these conditions of approval, all information and representations, whether oral or written, as presented for approval on plans, submitted 5/8/2024 and on file with the Community Development Department, Planning Division, shall be the same as required for the issuance of a building permit, except as modified by these conditions of approval. Minor modifications or revisions Finding B 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. X As conditioned, the proposed temporary trailers will comply with the applicable performance standards in SRMC §14.17.130. Finding C That the proposed use complies with each of the applicable provisions of the zoning ordinance. X The temporary trailers will be entirely contained on the subject property while the property willfully completes the issued building permits. - 4 - to the project shall be subject to review and approval by Planning staff. Modifications deemed not minor by the Community Development Director may require review and approval as an amendment to this Use Permit by Planning staff. 6. 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. (SRMC §14.16.225.B.1). 7. Exterior Lightning. 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 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. 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. 9. Revocation. The City reserves the right to bring this application up for revocation per SRMC 14.21.150 and as provided in Chapter 14.29 of the San Rafael Zoning Ordinance for any use that is found to be in violation of any of these conditions of approval. 10. Indemnity Agreement. The Applicant or permittee shall defend, indemnify, and hold harmless the City of San Rafael or its agents, officers, and employees from any claim, action, or proceeding brought by a third party against the City of San Rafael or its agents, officers, or employees to attack, set aside, void, or annul an approval of the Planning Commission, City Council, Community and Economic Development Director, or any other department, committee, or agency of the City concerning a development, variance, permit or land use approval which action is brought within the time period provided for in any applicable statute; provided, however, that the Applicant’s or permittee’s duty to so defend, indemnify, and hold harmless shall be subject to the City’s promptly notifying the Applicant or permittee of any said claim, action, or proceeding and the City’s full cooperation in the Applicant’s or permittee’s defense of said claims, actions, or proceedings. 11. Severability. If any term, provision, or portion of these findings or the application of these findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City. 12. Notice of Fees Protest The applicant may protest any fees, dedications, reservations, or other exactions imposed by the City as part of the approval or as a condition of approval of this development. Per California Government Code Section 66020, this 90-day protest period has begun as of the date of the approval of this application. RIGHT TO APPEAL This decision is final unless an appeal is filed within five (5) working days of the decision being contested. Appeals shall be made in writing and shall set forth the grounds for the appeal. Appeals shall be accompanied by the required filing fee. - 5 - PUBLIC COMMENT 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 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.