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HomeMy WebLinkAboutZoning Administrator Hearing 2025-08-06 Agenda PacketZoning Administrator Hearing Wednesday, August 6, 2025 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: https://tinyurl.com/2025-ZA-Meeting or Telephone: (669) 444-9171 Webinar ID: 894 2390 5067# Agenda 1. 71 Broadview Drive, Design Review Request for a Minor Environmental and Design Review permit for an addition to an existing single-family residence at 71 Broadview Drive; APN:014-033-13; Single-Family Zoning District (R7.5); Permit # PLAN25-030 2. 924 B Street, Use Permit Request for a Use-Permit to allow the opening of a Bar/Cocktail Lounge/Night Club at 924 B St; APN:011-261-12; Downtown Precise Plan (T4MS 50/70) Permit # PLAN25-071 3. Adjournment -1 - Community Development Department – Planning Division Meeting Date: August 6, 2025 Project Number(s): PLAN25-030 (ED25-018) Project Planner: Kristina Estudillo, Principal Planner Agenda Item: 1 REPORT TO ZONING ADMINISTRATOR SUBJECT: 71 Broadview Avenue. Request for a Minor Environmental and Design Review permit for a 1,465 sf addition to an existing single-family residence at 71 Broadview Avenue. APN: 012-081-20; R7.5; PLAN25-030 (ED25-018) EXECUTIVE SUMMARY The proposed project (Project) includes a 1,465 square foot (sf) addition to an existing two-story, 2,278 sf single-family residence on the 15,030-sf project site. As proposed, the residence would total 3,743 sf and have a maximum height of 25 feet. A Minor Environmental and Design Review permit is required as the addition exceeds 500 square feet on a project site with an average slope that exceeds 25 percent per San Rafael Municipal Code Section (SRMC) 14.25.XXX PROJECT DESCRIPTION The project site totals 15,030 square feet and is zoned R7.5 (Single-family Residential). The average slope of the property is 39.5 percent and is therefore subject to the hillside development standards contained in SRMC Chapter 14.12 (Hillside Development Overlay District - H). The site is developed with an existing two-story, 2,278-square-foot single family residence and an attached garage and carport. The project site contains existing mature trees and landscaping. No creeks or other significant natural features are present The applicant proposes additions to the existing first and second story of the residence. The existing first story is 1,257 and a 333-sf addition is proposed. The existing second story is 1,021 sf and a 1,132-sf addition is proposed. As proposed, total additions would be a 1,465 square foot (sf) and the residence would total 3,743 sf and have a maximum height of 25 feet. The proposed project will enclose the existing carport and add a third parking space. The existing paved driveway would be extended and a new elevated wood driveway deck would be constructed over areas of steep slope. Applicable development standards for the zoning district are contained in SRMC Section 14.04.030 (Property development standards-R) and Section 14.12.030 (Property development standards (-H). R-7.5 Development Standards: The proposed project complies with all applicable standards for the R7.5 zoning district. The project meets all required setbacks as demonstrated below: - 2 - Table 1. Development Standards Development Standard Proposed Setback Front 15 ft 15 ft Side (West) 6 ft 6 ft Side (Southeast) 6 ft Rear 10 ft 25 feet Height 30 feet 20 feet Maximum Lot Coverage 40% = 1,925 sf 1,918 sf Maximum Upper Story Size 75% = 1,438 sf 730 sf Hillside Development Standards: The Hillside Development regulations contained in SRMC Section 14.12.020 apply to all lots with an average slope of twenty-five percent (25%) or greater, or located in the hillside resource residential or hillside residential general plan land use designations. Building Stepbacks. The proposed project is located on a non-downhill slope and walls facing the front and side property lines are required to be no taller than 20-feet tall within fifteen feet (15′) of the maximum building envelope limit. To allow for design flexibility on non-downhill slopes, an encroachment into the street front, street side and interior side stepback is permitted along twenty- five percent (25%) of the building length. The project would comply with this standard as the maximum height of the addition is 24.6 feet at the ridgeline. A small portion (14 feet) of the residence and garage would exceed 20 feet in height, however, this portion is less than 25 percent of the building length (approximately 60 feet) (see sheet A0.4). Natural State. The project is required to meet Natural State requirements which establish a minimum portion of the property to be left in an undisturbed state. SRMC Section 14.12.020 requires that twenty-five percent (25%) of the lot area plus the percentage figure of average slope, not to exceed a maximum of eighty-five percent (85%), must remain in its natural state. The average slope of the proposed project is 39.5 percent and therefore the Natural State standard is 64.5 percent (25 percent plus 39.5 percent) of the property, which is 9,694 sf (15,000 sf x 64.5%). The project proposes a total natural state of 10,124 sf, which exceeds the minimum required. Gross Building Square Footage. The maximum permitted gross building square footage of all structures (including garages and accessory structures over one hundred twenty (120) square feet) is limited to two thousand five hundred (2,500) square feet plus ten percent (10%) of the lot area. The maximum gross square footage for the property is 4,000 sf [2,500 sf +(15,000 sf x 0.10 = 1,500 sf)]. The project proposes a total gross building square footage of 3,743 sf and therefore complies with this standard. Ridgeline Development. Development of new structures is generally prohibited within one hundred (100) vertical feet of a visually significant ridgeline. The nearest ridgeline is at an elevation of about 310 feet above mean sea level (amsl) and the project site is at an elevation of 210 feet amsl and therefore complies with standards for ridgeline development. Parking Requirements. Development in the hillside overlay has additional parking requirements on streets less than twenty-six feet (26') wide; however, Hillside Ave appears to meet the minimum 26- foot width. Additionally, the site does not currently have any covered parking and the project would add two new covered parking spaces and the project would comply with this standard. Additional guest parking is available on the driveway and garage approach. - 3 - FINDINGS The following findings include those required by San Rafael Municipal Code (SRMC) Section 14.25.090, and the California Environmental Quality Act (CEQA). Table A. 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 The project has been determined to be exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15303 – New Construction as the project includes additions to an existing single-family residence that exceeds 50 percent of the existing floor area. Table B. 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 project is in accord with the residential and development standards of General Plan 2040. 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 project has been designed to respect its location in the Hillside Overlay by concentrating development on the existing disturbed area and minimizing the height of the proposed structure. Finding C That the project design minimizes adverse environmental impacts X The proposed addition would minimize environmental impacts by concentrating development on the existing disturbed area. Minimal grading and retaining walls would be associated with the additions. Finding D That the project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or X The project will be reviewed by the Building Division, the Fire Department, and the Department of Public Works so as not to be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity. - 4 - improvements in the vicinity CONDITIONS OF APPROVAL Conditions of Approval for ED25-018 1. Approved Project. This Environmental and Design Review Permit (PLAN25-030;ED25-018) conditionally approves the construction of additions to an existing single-family residence including a 333-sf addition to the first floor and 1,132-sf addition to the second floor, resulting in a 3,743 sf single family residence with a maximum height of 25 feet. Plans submitted for building permit shall be in substantial conformance to the approved plans dated June 9, 2025, 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 and Economic Development Department, Planning Division. Modifications deemed greater than minor in nature by the Community and Economic Development Director shall require review and approval by the Zoning Administrator. 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 August 14, 2025 and shall be valid for a period of two (2) years from the date of final approval or August 14, 2027, and shall become null and void if a building permit is not issued or a time extension granted by August 14, 2027. 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. - 5 - 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, subject to review and recommendation by the police department, public works department, and community and economic development department. 7. Exterior Lightning. Exterior lighting shall comply with San Rafael Municipal Code Section 14.16.227 - Light and glare. 8. 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. 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. - 1 - Community Development Department – Planning Division Meeting Date: August 6, 2025 Project Number(s): PLAN25-071 (UP25-009) Project Planner: Kristina Estudillo, Principal Planner Agenda Item: 2 REPORT TO ZONING ADMINISTRATOR SUBJECT: 924 B Street. Request for a Use Permit Request for a Use-Permit to allow the opening of a Bar/Cocktail Lounge/Night Club at 924 B St; APN:011-261-12; Downtown Precise Plan; T4MS 50/70 Zoning District; PLAN25-071 (UP25-009) EXECUTIVE SUMMARY The subject property previously operated as Libations Taproom and Bottle Shop, which operated under a Type 48 Alcoholic Beverage Control (ABC) License that allowed the selling for consumption of on-premises beer, wine and distilled spirits. Since that time, the City adopted the Downtown San Rafael Precise Plan (Precise Plan). The applicant, Freewheel Brewing Company, proposes to establish a taproom of a craft brewery at 924 B Street in Downtown San Rafael. Under the Precise Plan, this use is considered a “Bar/Cocktail Lounge/Night Club”, which requires a Use Permit. A Bar/ Cocktail Lounge/ Nightclub is defined by the Precise Plan as “[brew] pub and live entertainment and/or dancing without food and service”. As a result, the applicant is requesting a Use Permit from the City of San Rafael for the proposed business. PROJECT DESCRIPTION Project Site: The project site is located on the east side of B Street between Third and Fourth Street, within the Precise Plan area. The site is approximately 5,000 sf and contains an easement and dedicated alley to provide vehicular access to the rear of the property and onsite parking. It is developed with a two-story mixed-use building with seven (7) residences above ground-floor commercial space. Background: The ground floor previously operated Libations Taproom and Bottle Shop, which operated under a Type 48 Alcoholic Beverage Control (ABC) License that allowed the selling for consumption of on premises beer, wine and distilled spirits. The business was also supported by an approximately eight (8) foot wide by 47-foot long Streetary in the adjacent public right-of-way which allowed additional outdoor dining. The City of San Rafael approved a Determination of Public Convenience or Necessity on August 18, 2021 for the Type 48 License. Proposed Project: The applicant, Freewheel Brewing Company, proposes to establish a taproom of a craft brewery at 924 B Street in Downtown San Rafael. The tap room would offer Freewheel Brewing house-brewed beers as well as curated guest taps and proposes to operate under a - 2 - Duplicate Type 23 ABC license with retail privileges. Freewheel Brewing Co. does not propose to serve food but does intend to partner with nearby restaurants to deliver food to the premises. Freewheel also proposes to utilize the front right-of-way for a Streetary, which is under review by the Department of Public Works and requires a separate encroachment permit. No demolition or major tenant improvement work is proposed. Freewheel Brewing Company proposes to utilize the existing layout. Operating Characteristics: Proposed hours of operation are from 2:00 pm to 10:00 pm daily and it is anticipated that one or two employees would staff each shift. Freewheel Brewing Company would utilize the property's assigned parking spaces located at the rear entrance for deliveries, which provides convenient and discrete access for vendors. Per Precise Plan Section 2.3.040, no off-street parking is required for non-residential uses under 6,000 sf. FINDINGS Findings for Use Permit (UP25-009) 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 15301 (“Existing Facilities”) 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 Downtown Mixed Use on the General Plan 2040 Land Use Map which allows a mix of housing, office, retail, service, and public land uses. Development in this area is guided by the Downtown San Rafael Precise Plan. The site is zoned T4MS 50/70, which is intended to create a walkable, vibrant district of medium-to-large footprint, moderate intensity, mixed-use buildings and housing choices, supporting neighborhood and community-serving ground floor shopping, food and services, including civic, institutional, maker/ craft/ artisan businesses (both indoor and outdoor). The proposed tap room is consistent with the General Plan designation and the zoning district as it would provide a neighborhood serving bar/cocktail lounge/night club within walking distance of many downtown residences. 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 use is similar to the prior use of the property and the new Use Permit would 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 as the project entails operating a bar/cocktail lounge/night club in Downtown San Rafael. As conditioned, limitations on hours of operations, noise, and requirements with the California Alcoholic Beverage Control would ensure the business would be compatible with adjacent uses. Finding C - 3 - That the proposed use complies with each of the applicable provisions of the zoning ordinance: X The project, as proposed and conditioned, complies with Chapter 14 (Zoning) of the San Rafael Municipal Code (SRMC) as the use is allowed with a use permit and the project would comply with all applicable zoning code standards, including noise, parking, and lighting. CONDITIONS OF APPROVAL 1. Approved Use. The Use Permit allows for operation of a Bar/Cocktail Lounge/Night Club at 924 B St (APN:011-261-12). 2. Permit Validity. This Permit shall become effective on August 14, 2025 and shall be valid for a period of two (2) years from the date of final approval or August 14, 2027 and shall become null and void if a valid City business license has not been issued, and the permitted use has not commenced on the property. 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 6/26/2025 and on file with the Community and Economic 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 and Economic Development Director may require review and approval as an amendment to this Use Permit by Planning staff. 4. 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. 5. 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). 6. Hours of Operation. The Bar/Cocktail Lounge/Night Club is authorized to operate 12 p.m. to 10 p.m. Sunday through Wednesday and 12:00 p.m. to 12:00 a.m. Thursday through Saturday. 7. Noise Limits. Applicant shall comply with noise limitations as required by SRMC Section 14.16.260 – Noise Standards. 8. Noise Complaints. The applicant shall identify a person or persons designated to manage noise complaints. Contact information shall be posted as informational signage in front of the building and provided to nearby residents and building occupants (located within 300 feet). 9. Amplified Music. All amplified noise shall comply with noise levels in SRMC Section 14.16.260 (Noise Standards). 10. Sign Permit. A separate permit shall be required to install any exterior signage at the business 11. Lighting. Lighting plan as presented and referred to the Police Department shall be installed prior to the commencement of alcohol service. - 4 - 12. 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. 13. ABC License. Prior to the commencement of alcohol service, the appropriate license shall be procured from the California Department of Alcoholic Beverage Control. 14. Minor Modifications. Minor modifications of the business shall be subject to review and approval of the Community and Economic Development Director. Modifications deemed not minor by the Director shall require review and approval by the original decision making body. 15. 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. 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.