HomeMy WebLinkAboutZoning Administrator Hearing 2025-05-28 Agenda Packet- 1 - Community and Economic Development Department – Planning Division Meeting Date: May 28, 2025 Project Number(s): PLAN24-177 (UP24-023) Project Planner: Renee Nickenig, Associate Planner Agenda Item: 1 REPORT TO ZONING ADMINISTRATOR SUBJECT: 75 Bellam Boulevard (Marin Square) – Request for a Use Permit to operate an all- ages establishment with pay-to-play arcade games and pool tables with limited on- sale beer at 75 Bellam Boulevard, Suite H; APN: 018-051-20; General Commercial (GC) Zone; Orlando Perez, Applicant; Chelsea Pacific Investments LP, Owner; Case Numbers: PLAN24-177 (UP24-023) EXECUTIVE SUMMARY The applicant is requesting a Use Permit to operate an all-ages establishment with pay-to-play games at 75 Bellam Boulevard (Marin Square), Suite H. Games include token- and coin-operated arcade games and pool tables paid by the hour. Pre-packaged food and beverages will be for sale, in addition to beer sales for quests of legal drinking age. The business would operate from 11:00 am to 11:00 pm seven days a week. Pursuant to San Rafael Municipal Code (SRMC) Section 14.05.020, the inclusion of arcade games and pool tables requires a Conditional Use Permit approved by the Planning Commission in the General Commercial (GC) zoning district. Pursuant to SRMC Section 14.22.020, the Community and Economic Development Director has determined that the proposed use does not warrant the designated level of review and as such will be acted on by the Zoning Administrator. BACKGROUND The business, “Arcade Zone”, was previously approved at this location (75 Bellam Boulevard, Suite H) as an all-ages establishment under Project No. PLAN24-013/UP24-011. The use was permitted with limited pre-packaged food and non-alcoholic drink sales. Alcohol service was not previously permitted. PROJECT DESCRIPTION The project proposes to continue to operate an all-ages establishment with pay-to-play games at 75 Bellam Boulevard (Marin Square), Suite H, with the addition of limited alcohol service. The service will be limited to bottled and canned beer served by a designated employee. The use program includes limited food sales of pre-packaged items without any additional food service or preparation. The proposed hours of operation are 11:00 am to 11:00 pm, seven (7) days a week. The establishment would be additionally available for rental to hold small-scale events. No amplified - 2 - sound is included in the business description. The existing equipment inventory currently includes: thee (3) “foosball” machines; three (3) pool tables; two (2) air hockey tables; two (2) pinball machines; and a variety of six (6) game machines. The Project will also include the installation of additional exterior lighting at the ramp approach from the existing parking lot to the Suite H entrance. FINDINGS The tables below review the project’s consistency with the findings required of a Use Permit pursuant to SRMC Section 14.22.080 (Table 1), and the performance standards required to be met by game arcades pursuant to SRMC Section 14.17.070 (Table 2). Staff determined that the project to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15331 of the CEQA Guidelines which exempts existing facilities. Table 1. 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 use is in accord with the General Plan Policies LU-1.10, LU-2.1, LU-2.3, NH- 3.16, and NH-3.23. The proposed use is conditionally permitted use in the General Commercial (GC) zoning district. The proposed use supports the objectives of the zoning district to provide a range of retail and service uses. The use as conditioned will be in compliance with the applicable provisions of SRMC §14.21.080 and §14.17.070 (Table 2). 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 use will comply with the applicable performance standards in SRMC §14.17.070 (Table 2) to support the purpose of ensuring that such facilities coexist harmoniously with other uses in the neighborhood in which they are located. Finding C That the proposed use complies with each of the applicable provisions of the zoning ordinance: X The proposed use will comply with the applicable sections of the zoning ordinance as described in this Table 2. - 3 - Table 2. Performance Standards (SRMC §14.17.070 – Game arcades) Yes No Standard 1 Proximity to Schools. Game arcades shall not be located within three hundred feet (300′) of a public or private grammar, middle or high school. X There are no known public or private grammar, middle or high schools within 300’ of the subject site. Standard 2 Parking. One vehicular parking space shall be provided for each five (5) coin-operated amusement devices. X The previous retail use at this suite required approximately eight (8) designated parking spaces pursuant to SRMC Table 14.18.040. Based on the elements of the proposed uses (arcade games and pool tables), only four (4) parking spaces are required. Standard 3 Bicycle Parking. One (1) on-site bicycle parking space shall be provided for each two (2) coin- operated amusement devices. Bicycle parking shall be in bicycle racks or stands and shall not obstruct required exits. Bicycle parking may be required inside buildings if no acceptable outside area exists on-site. Bicycle parking may be waived for "adults only" establishments. X The project will be conditioned to provide one (1) bicycle parking space. Standard 4 Hours of Operation. Hours of operation shall be established on a case-by-case basis; however, the maximum closing time that may be granted shall be eleven p.m. (11:00 p.m.). The planning commission may grant exceptions to this limitation for "adult only" establishments or when it is demonstrated that the use is clearly ancillary to another use. X The use is proposed to close at 11:00 p.m. and a condition of approval has been added to ensure compliance with this standard. Standard 5 - 4 - Initial use permit; Six (6) Month Review Period. Use permits shall be granted for periods of no more than six (6) months initially. The zoning administrator may approve extensions upon demonstration of compliance with these standards. X This standard has been included in the proposed conditions of approval. Standard 6 Police Department Review. Police department review and approval is required for any proposed game arcade with coin-operated amusement devices consistent with Chapter 10.40. X The San Rafael Police Department (SRPD) reviewed the project and imposed conditions related to surveillance and lighting (included in attached Draft Resolution as conditions of approval) to better ensure that there will not be an increase of loitering, vandalism, pedestrian obstruction, excessive noise or any other activity that may have an adverse effect on adjacent or vicinity properties, residences or businesses. The SRPD provided additional comments that the proprietors should be aware of potential security and crime issues that may result from a secluded business with adult and juvenile customers and that additional security measures, such as private security guards, may be appropriate should any issues arise. The SRPD noted that encouraging new businesses in vacant storefronts may help reduce existing crime-related issues. CONDITIONS OF APPROVAL 1. Term of Approval. This Use Permit (UP24-023) shall be valid for two years from approval or until June 12, 2027 and shall be null and void if not exercised or a time extension granted prior to the expiration date. 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. 2. Conditions Shall be Printed on Plans. The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit. Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable. 3. Hours of Operation. Hours of operation are authorized from 11:00 am to 11:00 pm seven days a week. - 5 - 4. Sign Permit. A separate permit shall be required to install any exterior signage at the business. 5. Noise Limits. Applicant shall comply with noise limitations as required by SRMC Section 14.16.260 – Noise Standards. 6. Applicant Responsible for Compliance with Conditions. The applicant shall ensure compliance with all of the following conditions, including submittal to the project planner of required approval signatures at the times specified. Failure to comply with any condition may result in construction being stopped, issuance of a citation, and/or modification or other remedies. 7. Plans and Representations Become Conditions. All information and representations, whether oral or written, including the building techniques, materials, elevations and appearance of the project, as presented at the Planning Commission meeting dated July 9, 2024 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 Director. Modifications deemed not minor by the Director may require review and approval as an amendment to the Use Permit. 8. Subject to All Applicable Laws and Regulations. The approved use is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies. Prior to any construction, tenant improvement or installation of signage, the applicant shall identify and secure all applicable permits from the Planning and Building Divisions, Public Works Department and other affected City divisions and departments. 9. Construction Hours. Consistent with the City of San Rafael Municipal Code Section 8.13.050.A, construction hours shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m to 6:00 p.m. on Saturdays. Construction shall not be permitted on Sundays or City-observed holidays. Construction activities shall include delivery of materials, hauling materials off-site; startup of construction equipment engines, arrival of construction workers, paying of radios and other noises caused by equipment and/or construction workers arriving at, or working on, the site. 10. 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. 11. Bicycle Parking Plan. Prior to the commencement of alcohol service, the applicant shall submit a Bicycle Parking Plan to the Planning Division and install the required bicycle parking. The Bicycle Parking Plan should include a site plan drawn to scale demonstrating the proposed location of one (1) bicycle parking space onsite. The bicycle parking plan shall be compliant with SRMC Section 14.18.090 – Bicycle parking. The Bicycle Parking Plan shall be submitted to the Planning Division for review and approval. After approval of the Bicycle Parking Plan, the applicant shall install the required improvements and submit photographs demonstrating compliance to the Planning Division. 12. Surveillance. Surveillance plan as presented and referred to Police Department shall be installed prior to the commencement of alcohol service. - 6 - 13. Lighting. Lighting plan as presented and referred to Police Department shall be installed prior to the commencement of alcohol service. 14. ABC License. Prior to the commencement of alcohol service, the appropriate license shall be procured from the California Department of Alcoholic Beverage Control. PUBLIC COMMENT Notice of hearing for the project was conducted in accordance with noticing requirements contained in Chapter 14.29 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.