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Home My WebLink AboutZoning Administrator Hearing 2024-12-18 Minutes SAN RAFAEL ZONING ADMINISTRATOR REGULAR HEARING December 18, 2024 Minutes and Notice of Decision (Pursuant to San Rafael Municipal Code 14.28.050) 10:02 -10:11 am 1. 135 Windward Way – Request for an Environmental and Design Review and Use Permit for 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; Case Number(s): ED24- 029/UP24-015 (PLAN24-133) Project Planner: Jose M. Herrera-Preza, Principal Planner 10:12 -10:34 am 2. 117 Paul Drive, Suite C – Request for a Condition Use Permit to operate a music tutoring center; APN: 155-131-25; Case Number(s): UP24-016 (PLAN24-110) Project Planner: Kavitha Kumar, Principal Planner ITEM 1: 135 Windward Way, ED24-029/UP24-015 (PLAN24-133) PERMITS REQUIRED • Environmental and Design Review (ED24-029) and Use Permit (UP24-007) Pursuant to San Rafael Municipal Code (SRMC) Section 14.06 the establishment of parking facilities for commercial uses and outdoor storage requires a Minor Environmental and Design Review (SRMC Section 14.25.020[B]) and a Conditional Use Permit (SRMC Section 14.22.080) in the Light Industrial/Office (LI/O) zoning district. 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. ZA Minutes and Notice of Decision December 19, 2024 2 Vehicles are generally taken to the Windward Way lot several at a time, with a shuttle to pick up the drivers. Use of the 135 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 planted along the fence on the north, east and west elevations (see Landscape Plan Sheet L1 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). PUBLIC HEARING On December 19, 2024 a Zoning Administrator meeting was convened for this Environmental and Design Review (ED24-029) and Use Permit (UP24-015).The Acting Zoning Administrator for this meeting, Renee Nickenig, Associate Planner, opened the hearing at 10:02 am. A. Planner Presentation The Project Planner gave a brief presentation on the proposed project and findings for approval. B. Applicant presentation The applicant was present at the hearing and gave a brief follow-up presentation of the project. C. Public Comments No public was received prior to- or during the hearing. D. ZA discussion The Zoning Administrator briefly discussed the project and confirmed the findings for approval. The Zoning Administrator noted the updated appeal period in consideration of the upcoming holiday. E. Action The Zoning Administrator Conditionally Approved the request for an Environmental and Design Review (ED24-029) and Use Permit (UP24-015). ZA Minutes and Notice of Decision December 19, 2024 3 These updated conditions of approval will be amended in the associated staff report submitted for this Zoning Administrator Hearing and are included as part of the Zoning Administrators decision The hearing was adjourned at 10:11 am. ITEM 2: 117 Paul Drive, Suite C, UP24-016 (PLAN24-110) PERMITS REQUIRED • Environmental and Design Review (ED24-034) Pursuant to San Rafael Municipal Code (SRMC) Section 14.06.020, a Conditional Use Permit with Zoning Administrator approval is required for specialized education and training uses in the Light Industrial/Office (LI/O) zoning district. 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. PUBLIC HEARING On December 19, 2024 a Zoning Administrator meeting was convened for this Use Permit (UP24-016).The Acting Zoning Administrator for this meeting, Renee Nickenig, Associate Planner, opened the hearing at 10:02 am. F. Planner Presentation The Project Planner gave a brief presentation on the proposed project and findings for approval. G. Applicant presentation The applicant was present at the hearing and gave a brief follow-up presentation of the project. Following the Planner and Applicant presentations the Zoning Administrator requested clarification on several aspects of the staff report. H. Public Comments No public was received prior to- or during the hearing. I. ZA discussion The Zoning Administrator discussed the clarified items and noted that the use in question best falls under the definition of specialized education and training. The Zoning Administrator and the applicant discussed the size of the space and the limited use described. The Zoning Administrator noted the general noise limits prescribed in SRMC ZA Minutes and Notice of Decision December 19, 2024 4 Sections 14.16.260 and 8.13.040. Modifications to the submitted staff report were requested. J. Action The Zoning Administrator Conditionally Approved the request for a Use Permit (UP24- 016). These updated conditions of approval will be amended in the associated staff report submitted for this Zoning Administrator Hearing and are included as part of the Zoning Administrators decision The hearing was adjourned at 10:34 am. -- 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 December 26, 2024 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 project/use. 01/10/25 Renee Nickenig, Acting Zoning Administrator Date