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
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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
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ED23-017
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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,
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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