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Home My WebLink AboutZoning Administrator Hearing 2025-10-14 Agenda PacketZoning Administrator Hearing Tuesday, October 14, 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. 917-921 Fourth Street, Use Permit Request for a Use Permit to operate a bar and restaurant with an ABC Type 47 license, along with nightclub/live performance space at 917 -921 Fourth Street. APN: 011-263-08; T4MS 60/80 Zoning District, DMU Gen Plan Permit # PLAN25-081 2. Adjournment - 1 - Community Development Department – Planning Division Meeting Date: October 14, 2025 Project Number(s): UP24-003 (PLAN23-153) Project Planner: Margaret Kavanaugh-Lynch, Planning Manager Agenda Item: 1 REPORT TO ZONING ADMINISTRATOR SUBJECT : 917-921 Fourth Street Request(s) for a Use Permit to operate a bar and restaurant with an ABC Type 47 license, along with nightclub/live performance space at 917 -921 Fourth Street. APN: 011-263-08; T4MS 60/80 Zoning District, Downtown Mixed Use (DMU) General Plan PLAN25-081 EXECUTIVE SUMMARY Pursuant to San Rafael Downtown Precise Plan Table 2.3.070.A, a conditional use permit is required to operate a Bar/ Cocktail Lounge/ Nightclub. PROJECT DESCRIPTION The project consists of a combination of an event venue, restaurant, two bars, commercial kitchen, along with a pickup window, offices and storage. The applicant describes the business as follows : 1. In the rear of the building, there is proposed to be an assembly area with non-fixed seating, that can be configured as an entertainment venue for live music, spoken performances and televised sporting events. It can also be used for dining and as a dance area. In this area, there will also be a full bar. 2. In the front of the building, there will be a full commercial kitchen as well as a second full bar and more non-fixed seating. There will be a pickup window for food as well The hours of operation are as follows: Pick-Up Counter: 6:00am to 10:00 pm Monday thru Thursday 6:00am to 1:00am Friday, Saturday & Sunday Front Bar & All Other Interior Uses: 4pm to 12am Monday thru Wednesday 4pm to 2am Thursday & Friday 10am to 2am Saturday 10am to 12am Sunday Additional hours for special events as follows: 1:30am cutoff for live music performances 6am early open for international live sports broadcast s - 2 - 9am early open for sports events on weekends Building Modifications The project includes interior tenant improvements with no change in the total square footage of tenant space. On the exterior, the project proposes to replace an existing glass panel door to a window intended for walk-up food service. City records show that the storefront has been replaced several times, and so the current configuration is not a character defining feature of the historic resource. Staff has determined that the replacement of the singular panel is minor and will not alter the historic and existing contemporary design of the building facade. FINDINGS Findings for Use Permit (UP21-017) 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”) This project is proposed to take place in an existing building with no expansion and only minor modifications that will not alter the historic and existing contemporary design of the building facade. 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 which notes that development in this area is guided by the Downtown San Rafael Precise Plan. The Precise Plan also notes that this is in the Core Area of the downtown and creates a vision for a vibrant area with a mix of uses. The project will create a versatile set of uses that may bring community members downtown throughout the day and evening for dining, music and sports events. 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 This building modifications associated with this use will comply with the building code which ensures minimum health and safety standards are enforced. The use itself includes private security to ensure that all noise and other performance standards will also comply with the standards identified in the municipal code, therefore this project 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: Finding C That the proposed use complies with each of the applicable provisions of the zoning ordinance: X For the reasons described above, the project, as proposed and conditioned, complies with Chapter 14 (Zoning) of the San Rafael Municipal Code (SRMC). CONDITIONS OF APPROVAL 1. Approved Use. The Conditional Use Permit allows for operation of a bar and restaurant with an ABC Type 47 license, along with nightclub/live performance space at 917 -921 Fourth Street as described in the project description and plan set submitted by the applicant on June 26, 2025. - 3 - 2. Hours of Operation. The maximum hours of operation are 6:00 am through 2:00 am on the following day. 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. 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). 5. Verified Noise Complaints. If the Planning staff receives three verified complaints that the project is in violation of the noise standards listed in SRMC Section 14.16.260 - Noise standards, “New nonresidential development shall not increase noise levels in a commercial area by more than five (5) dBA (Ldn), or create noise impacts which would increase noise levels to more than sixty-five (65) dBA (Ldn) for office, retail or mixed use districts , the Director shall meet with the operator of the use and identify ways to ensure that those violations are not repeated to the satisfaction of the Dire ctor. 6. 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. 7. Permit Validity. This Permit shall become effective on October 22, 2025 and shall be valid for a period of two (2) years from the date of final approval or October 22, 2026 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. PUBLIC COMMENT Notice of hearing for the project was conducted in accordance with noticing requirements contained in Chapter 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.