HomeMy WebLinkAboutZoning Administrator Hearing 2023-05-15 Minutes SAN RAFAEL ZONING ADMINISTRATOR REGULAR HEARING May 15, 2023 Minutes and Notice of Decision (Pursuant to San Rafael Municipal Code 14.28.050) 10:00 – 10:06 am 1. 700 Francisco Blvd. W – Minor Environmental and Design Review Permit to allow a 3,304 sf building addition to an existing automotive dealership (Audi Marin) – Francisco Boulevard West Commercial District (FBWC); APN: 018-014-67; Francisco Boulevard Investors LLC, owner Samuel Mathau, applicant; File No.: PLAN22-207, ED23-017 Project Planner: Monica Ly PERMITS REQUIRED A Minor Environmental and Design Review is required for additions and alterations to existing nonresidential structures and/or additions to existing nonresidential structures where the addition is forty percent (40%) or less of the existing square footage pursuant to San Rafael Municipal Code Section 14.25.040.B.2.j). SITE DESCRIPTION The subject site is a 177,138 sq. ft. lot with an existing 52,510 sq. ft. automotive dealership located in the Francisco Boulevard West Commercial District (FBWC) at 700 Francisco Blvd. W. San Rafael, CA 94901 PROJECT DESCRIPTION The project proposes to construct a 3,304 sf building addition at the second floor level over the rear roof deck. The addition will provide two additional repair bays adjacent to the existing Volkswagen repair area and three additional repair bays adjacent to the existing Audi repair area. PUBLIC HEARINGS On May 15, 2023, a Zoning Administrator meeting was convened for this Minor Environmental and Design Review application (ED23-017). The Acting Zoning Administrator for this meeting, Monica Ly, Senior Planner, opened the meeting at 10:00 am. Present at the meeting were the applicants Samuel Mathau, Ralph Rodriguez, and Bill Harrell. The Zoning Administrative opened the public comment period. There were no public comments. After the public comment period closed, the Zoning Administrator presented the Findings and Conditions of Approval and conditionally approved the Minor Environmental and Design Review Permit. The conditions of project approval are listed below and are included as part of the Zoning Administrator’s decision to approve the Minor Environmental and Design Review Permit (ED23- 017). The meeting was adjourned at 10:06 am. ZA Minutes and Notice of Decision May 15, 2023 700 Francisco Blvd. W ED23-017 2 FINDINGS: 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 Section 15301 of the CEQA Guidelines (Existing Facilities). Furthermore, none of the exceptions found in Government Code §15300.2 apply. Environmental and Design Review Permit Findings (SRMC §14.25.090) A. The project is in accord with the general plan, the objectives of the zoning ordinance and the purposes of this chapter as follows: 1. The project design is in accord with General Plan Land Use Policy LU-1.10 (Intensity of Non-Residential Development) and LU-1.17 (Building Heights), because: i. The maximum FAR for this site is 0.32 and the proposed development will have an FAR of 0.32 and ii. The maximum height limit for this site is 36 feet and the proposed building addition will be 36 feet at the highest point. 2. The project design is in accord with Section 14.01.030 – Purposes, of the San Rafael Municipal Code, as it: i. Implements the policies of the General Plan as demonstrated in section a) above; ii. Fosters workable relationships among land uses by expanding the auto dealership use in an area with other specialty retail uses; iii. Strengthens the economic base of the City by providing a high tax generating use; and iv. Promotes high quality design as the building addition will feature a new metal panel wall system to match the existing building. 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 because the style and details of the proposal, such as the 3,304 sf building addition, will match the architectural style and details of the existing building which also features a metal panel wall system. Additionally, the proposed sunshade awnings consist of high-quality durable materials. C. The project design minimizes adverse environmental impacts given that the project: 1. Was reviewed by applicable City departments and no adverse environmental impacts were identified and 2. Will include Best Management Practices for construction activities. D. The project design, as conditioned, will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity given that: 1. A building permit would be required to ensure the site is constructed in compliance with the Uniform Building Code (UBC) and ZA Minutes and Notice of Decision May 15, 2023 700 Francisco Blvd. W ED23-017 3 2. The project would comply with all applicable requirements of the City, County, State, and other responsible agencies. Planning Division Standard Conditions of Approval 1. Approved Project. This Environmental and Design Review Permit approves a 3,304 sf building addition at the second floor level of an existing automotive dealership at 700 Francisco Blvd. W. Plans submitted for building permit shall be in substantial conformance to the approved plans dated March 27, 2023 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 Planning Commission. 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 23, 2023, and shall be valid for a period of two (2) years from the date of final approval or May 23, 2025, and shall become null and void if a building permit is not issued or a time extension granted by May 23, 2025. 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. 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, ZA Minutes and Notice of Decision May 15, 2023 700 Francisco Blvd. W ED23-017 4 subject to review and recommendation by the police department, public works department, and community development department. 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. 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. ACTION TAKEN: On May 15, 2023, the Zoning Administrator Conditionally Approved the requested Minor Environmental and Design Review (ED23-017) subject to the Findings and Conditions. 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 Monday, May 22, 2023, at 5:00 p.m. This approval shall become effective at the end of the appeal period. 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 approved use. 5/15/2023 _______________________________________________________ Monica Ly, Acting Zoning Administrator Date