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HomeMy WebLinkAboutZoning Administrator Hearing 2024-12-18 Agenda PacketZoning Administrator Hearing Wednesday, December 18, 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. 135 Windward Way, Environmental and Design Review and Use Permit – ED24-029/UP24-015 (PLAN24-133) On-site private improvements to create an open surface parking lot to serve as inventory parking for Porsche Marin 2. 117 Paul Drive, Conditional Use Permit – UP24-016 (PLAN24-110) Request to approve a Conditional Use Permit to operate a music studio at 117 Paul Drive 3. Adjournment -1 - Community Development Department – Planning Division Meeting Date: December 18, 2024 Project Number(s): ED24-029/UP24-015 (PLAN24-133) Project Planner: Jose M. Herrera-Preza, Principal Planner Agenda Item: 1 REPORT TO ZONING ADMINISTRATOR SUBJECT : 135 Windward Way. On-site private improvements to create an open surface parking lot to serve as inventory parking for Porsche Marin; APN: 009-330-07/08/11; Light Industrial Office District (LI/O); ED24-029/UP24-015 (PLAN24-133) EXECUTIVE SUMMARY Pursuant to San Rafael Municipal Code (SRMC) Industrial Districts Section 14.06 the establishment of parking facilities for commercial uses and outdoor storage requires a Minor Environmental and Design Review (14.25.020(B)) and a Use permit (14.22.080). PROJECT DESCRIPTION The project site is an unimproved 110,775 square-foot (2.54 acres) parcel, of which 70,183 square- feet would be occupied for automobile parking and storage. The project site sits near the end of a cul-de-sac at the terminus of Windward Way. The site is adjacent to the commercial businesses to the west and a similar auto parking and storage use to the east (Toyota Marin). Porsche Marin is proposing use the 70,183 square-feet of space at 135 Windward Way to store up to 303 vehicles (see Plan Sheet A.101). There will not be any auto haulers on Windward Way. The applicant has indicated that new vehicle inventory will be dropped off at the main auto dealership on East Francisco Blvd., where the vehicles are serviced and detailed and then (if necessary), be driven to the proposed parking lot at 135 Windward Way. Vehicles are generally taken to the Windward Way lot several at a time, with a shuttle to pick up the drivers. Use of the 1 35 Windward way site is described below: •Expected daily trips to Windward Way = 12 trips (4 -6 am and 4-6 pm trips). •Typical drop-off/pick-up times: 7:00 am – 5:00 pm •Hours of operation for the Windward Way storage lot: 9:00 am – 9:00 pm The project site will be improved with asphalt paving, landscaping, lighting, and an 8’ tall perimeter fence. No other new buildings or structures are proposed. Site Plan: The proposed project site is located approximately 150 feet from the corner of Bellam and Windward Way on the west side of the street. The site will be accessed by a gate along Windward Way. Landscaping: A total of six (6) Majestic Beauty Indian Hawthorn and seven (7) Red Tip Photinia trees are proposed along the Windward Way frontage. In addition, six (6) varieties of shrubs will be -2 - planted along the fence on the north, east and west elevations (see Landscape Plan Sheet L 1 and L2). Lighting: Fifteen (15 ) light poles are proposed at 15 feet in height (see Plan Sheet PM -1 for light fixture location and photometric survey). FINDINGS Findings for Environmental and Design Review Permit (ED 24-029) CEQA Finding Yes No 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 Section 15311 (“Accessory Structures”). Class 11 consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (b) Small parking lots. 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 design for an open surface parking lot meets the objective of the Light Industrial Office District zoning regulations. The site will be paved with a permanent all-weather surface and enhanced with landscaping around the perimeter of the site to soften any visual impact by the parking lot. The site is located along the west side of Windward way which is supported by General Plan 2040 Policy’s below: Policy NH-3.25 Winward Way: Development may be clustered on the site to retain views and respond to site constraints, including transmission lines. Compatible office or light industrial uses are permitted on the west side of Windward Way, consistent with zoning. Policy EV-1.4 Business Retention and Support: Create a favorable environment for business in San Rafael. Maintain ongoing communication with the business community and respond to needs and concerns as they arise. 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 parking lot design has incorporated landscaping features along the primary street frontage and included appropriately sized landscape areas for stormwater runoff. The perimeter fencing is within the allowed height and materials. There are no new structures proposed as part of this proposal. The project will introduce minimal development on site as the only new structures are fifteen light poles and an 8 ft. high perimeter fence. Finding C That the project design minimizes adverse environmental impacts: X The project will occupy a currently vacant parcel adjacent to existing commercial business. The project is designed to minimize environmental impacts through the incorporation of permanent landscaping. Finding D That the project design will not be detrimental to the public health, safety or welfare, nor materially X The proposed parking lot design has incorporated an 8’ perimeter fence and lighting to provide secure the site. This site improvements will enhance the safety and welfare of the - 3 - injurious to properties or improvements in the vicinity. surrounding adjacent business. The use of the site will improve the public safety on Windward Way. Findings for Use Permit (UP24-015) Use Permit (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 automobile parking and storage use for Porsche Marin is a conditionally permitted activity in the Ligh Industrial Office District of the Zoning Ordinance, and the purposes of the district in which the site is located in that: 1) To provide appropriately located areas for a range of light and heavy industrial uses, including the building trades and automotive service industries, which serve area residents and businesses and 2) To upgrade appearance and parking conditions to a reasonable extent while maintaining the vitality of the industrial districts. The proposed use is supported by the following general plan 2040 policies: Policy NH-3.25 Winward Way: Development may be clustered on the site to retain views and respond to site constraints, including transmission lines. Compatible office or light industrial uses are permitted on the west side of Windward Way, consistent with zoning. Policy EV-1.4 Business Retention and Support: Create a favorable environment for business in San Rafael. Maintain ongoing communication with the business community and respond to needs and concerns as they arise. 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 The proposed activity would enhance support nearby existing business and occupy a vacant parcel both of which would not be determinantal to the neighborhood. In addition, the project has been reviewed other city Bureaus’ and Departments such as Fire Prevention Bureau, The Building Department, and the Department of Public Works. The overall use of the site as an accessory component to a retail business would enhance the economic vitality of the district without adding substantial traffic or impact to the environment. Finding C That the proposed use complies with each of the applicable provisions of the zoning ordinance: X The proposed activity complies with each of the applicable provisions of the Zoning Ordinance in that the activity requires a Use Permit and would be subject to applicable performance standards set forth in conditions of approval. In addition, the proposed activity is compatible with the surrounding commercial properties. CONDITIONS OF APPROVAL Conditions of Approval for ED24 -029/UP24-015 1. Approved Project. This Environmental and Design Review Permit (ED 24-029/UP24-015) conditionally approves the open surface parking to serve as automobile parking and storage at 135 Windward Way. Plans submitted for building permit shall be in substantial conformance to the approved plans dated November 12, 2024, 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 - 4 - 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. Hours of Operation. Typical drop-off/pick-up times: 7:00 am – 5:00 pm. Hours of operation for the Windward Way storage lot: 9:00 am – 9:00 pm. 3. 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. 4. 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. 5. Permit Validity. This Permit shall become effective on December 23, 2024 and shall be valid for a period of two (2) years from the date of final approval or December 23, 2026, and shall become null and void if a building permit is not issued or a time extension granted by December 23, 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. 6. Building Permit. Prior to the commencement of work, a building permit shall be obtained from the Building Division. 7. 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 si x 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. 8. 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. 9. 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. - 5 - 10. 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. 11. 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. 12. 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. 13. 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 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 app roved by the Planning Division. Building Department 14. Must comply with the Memo date 9/18/2024. Department of Public Works 15. Must Comply with the Memo date 11/22/2024. 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. RIGHT TO APPEAL This decision is final unless an appeal is filed within five (5) working days of the decision being contested, except that where such an appeal is combined with an appeal of the same decision under Title 15 of this code, the appeal shall be filed within ten (10) calendar days, as provided under Section 15.01.040 of this code. Appeals shall be made in writing and shall set forth the grounds for the appeal. Appeals shall be accompanied by the required filing fee. -1 - Community Development Department – Planning Division Meeting Date: December 18, 2024 Project Number(s): UP24-016 (PLAN24-110) Project Planner: Kavitha Kumar, Principal Planner Agenda Item: 2 REPORT TO ZONING ADMINISTRATOR SUBJECT: 117 Paul Drive. Request for a Conditional Use Permit to operate a music tutoring center at 117 Paul Drive; APN: 155-131-25; Light Industrial/ Office (LI/O) Zoning District; UP24-016 (PLAN24-110) EXECUTIVE SUMMARY The project proposes operating a music tutoring center at the subject property. The use will be primarily contained within the existing building. The subject property is currently being used as a music tutoring center. Pursuant to San Rafael Municipal Code Section 14.06.020, a Conditional Use Permit with Zoning Administrator approval is required for music tutoring in Light Industrial/Office (LI/O) zone. PROJECT DESCRIPTION The proposed request to operate a music tutoring center is currently being used for music tutoring within the existing building. The facility is used for piano instruction for approximately 35 to 40 students. The projected hours of operation are 9:30 AM to 2:30 PM on Sunday, 3:00 PM to 8:30 PM on Monday and Tuesday, 1:45 PM to 8:PM on Wednesday, 9:00 AM to 12 PM and 3:30 PM to 7:30 PM on Thursday, 10:30AM to 4:00 PM on Saturday. The tutoring center is closed on Friday. No other operational or physical exterior changes are proposed. FINDINGS The table below reviews the project’s consistency with the findings required of a Conditional Use Permit pursuant to SRMC Section 14.22.080 and for indoor fitness/recreation facilities in the Light Industrial/Office (LI/O) district. Use Permit (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 site is designated as Light Industrial/ Office (LI/O) use on the 2024 General Plan Land Use Map. The proposed use is in accord with the General Plan Policies LU-2.3 (Neighborhood serving Commercial Uses), and goals of Arts and Culture Element of the General Plan. - 2 - The site is designated as Light Industrial/Office District in the Zoning Map and is consistent with the objectives of the zoning ordinance. 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 The music tutoring center is an existing facility, and no change is being proposed to the existing use. As such, the music tutoring center 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 Finding C That the proposed use complies with each of the applicable provisions of the zoning ordinance: X As conditioned, the proposed use will be compliant with the provisions of the zoning ordinance related to music tutoring. CONDITIONS OF APPROVAL 1. Approved Use. The Conditional Use Permit allows for the operation of music tutoring at 117 Paul Drive, pursuant to SRMC Section 14.06.020. 2. Hours of Operation. The existing music tutoring center will continue to operate as seen below Sunday 9:30am - 2:30am Monday 3:00pm - 8:30pm Tuesday 3:00pm - 8:30pm Wednesday 1:45pm - 8:00pm Thursday 9:00am – 12:00pm & 3:30pm - 7:30pm Friday Closed Saturday 10:30am - 4:00pm 3. 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 8/13/2024 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 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. 4. 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). - 3 - 5. 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. 6. Permit Validity. This Permit shall become effective on December 11, 2024 and shall be valid for a period of two (2) years from the date of final approval or on December 11, 2026 and shall become null and void if a valid City business license has been issued, and the permitted use has commenced on the property. 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.