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HomeMy WebLinkAboutZoning Administrator Hearing 2025-10-22 Agenda PacketZoning Administrator Hearing Wednesday, October 22, 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. 15 McCoy Road, Variance and Design Review Request for an Environmental and Design Review and a Variance to construct a new parking deck, garage, entry gate, and associated access stairs over the front and street-side property lines on a hillside property; APN: 013-137- 13; Single-Family (R10) Zoning District; ED25-026, V25-002 (PLAN25-020) 2. 1345 Francisco Boulevard, Use Permit Request for a conditional Use Permit to operate a Motor Vehicle Rentals facility (Sixt Rent a Car); APN: 009-132-35; Zoning District, Light Industrial/Office (LI/O); UP25-010 (PLAN25-108) 3. Adjournment - 1 - Community and Economic Development Department – Planning Division Meeting Date: October 22, 2025 Project Number(s): ED25-026, V25-002 (PLAN25-020) Project Planner: Renee Nickenig, Associate Planner Agenda Item: 1 REPORT TO ZONING ADMINISTRATOR SUBJECT: 15 McCoy Road. Request for an Environmental and Design Review and a Variance to construct a new parking deck, garage, entry gate, and associated access stairs over the front and street-side property lines on a hillside property; APN: 013-137-13; Single-Family (R10) Zoning District; ED25-026, V25-002 (PLAN25-020) EXECUTIVE SUMMARY The proposed project (Project) includes the replacement and expansion of the existing car deck, replacement and expansion of the existing garage structure, the addition of staircases to the existing residence, and improved entry features. The proposed Project also includes repair and replacement of an existing retaining wall within the public right-of-way. A Variance is required pursuant to SRMC Chapter 14.23. Design Review is required pursuant to SRMC Section 14.25.040(C)(12) as the project entails the construction of a detached accessory structure on hillside residential lots with slopes of twenty-five percent (25%) or greater or located in areas with a general plan land use designation of hillside residential or hillside resource residential. PROJECT DESCRIPTION The proposed project (Project) includes the replacement and expansion of the existing car deck, replacement and expansion of the existing garage structure, the addition of staircases to the existing residence, and improved entry features. The proposed Project also includes repair and replacement of an existing retaining wall within the public right-of-way. The proposed garage, parking deck, and associated stairs would be located at the southwest corner of the property. The garage and parking deck would be located across the south (front) and west (street side) property lines, while the stairs would be located within the property boundaries. The garage is proposed with a 16.5 x 21 square-foot area and a maximum height of 24.5 feet on the rear (north) side. The exterior materials for the garage include horizontal wood siding and a standing seam metal roof to match the existing residence. Lattice fencing is proposed at the north (rear) of the parking deck and would continue as guardrail along the access stairs. - 2 - Within the public right-of-way, two new columns are proposed to frame the entry to the property at the street level, behind which the existing concrete steps will be replaced. Existing fencing will remain. Proposed demolition includes the existing detached garage and the existing elevated deck and associated access. The existing piers, footings, and foundation of the parking deck would be preserved for use for the Project. FINDINGS CEQA FINDING (PLAN25-020) The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to pursuant to Section 15303 of the CEQA Guidelines (New Construction or Conversion of Small Structures) as the project entails the construction of detached accessory structures appurtenant to the existing single family residence. VARIANCE FINDINGS (V25-002) A. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the requirements of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; The Project site has a significant slope starting immediately at the front property line and extending to the rear. The only existing graded portions of the lot are limited to the existing primary residence and limited access paths from McCoy Road. The residence is sited towards McCoy Road, which serves and the point of the access to the right-of-way for the Project site. The strict application of the requirements would preclude the installation of the proposed parking deck within the required setbacks of the property without significantly impacting the existing features of the property. The location of the garage and parking deck adjacent to the front and side property lines allows for safe access to park at the front and side property lines that allow for a total of four (4) designated parking spaces immediately accessible from the road, a use which other properties in the vicinity and in the same zoning district enjoy. B. That the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated; The steep slope of the site is a unique condition to this property. Additionally, the site is located at the intersection of two roads on a hillside. The construction of a parking deck as proposed in the Project will not grant special privileges but rather will allow this property to have similar off-street parking enjoyed by other properties in the same zoning district, and as required by the zoning code. C. That granting the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations for the zoning district in which the subject property is located; - 3 - Accessory structures are permitted on residential properties per San Rafael Municipal Code (SRMC) Section 14.04.020. Two additional off-street parking spaces are required for hillside properties where the adjacent street is less than twenty-six feet (26’) wide (SRMC Section 14.12.030[F]). D. That granting the application will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare. The Project has been reviewed by the Building Division and the Fire Department and the location and orientation of the parking has been reviewed for safe access by the Department of Public Works, and as conditioned it will not be a detriment or injurious to property or improvements in the vicinity of the development site or the public health, safety or welfare. ENVIRONMENTAL AND DESIGN REVIEW FINDINGS (ED24-015) A. The project design is in accord with the general plan, the objectives of the zoning ordinance and the purposes of this chapter: The Project design is in accord with the General Plan, the objectives of the zoning ordinance and the purposes of San Rafael Municipal Code (SRMC), as the project complies with the Low Density Residential designation in General Plan 2040 and the policies to support residential development in hillside areas (Policy LU-1.8: Density of Residential Development; Policy CDP-1.3: Hillside Protection; and Policy C-1.10: Hillside Preservation). The Project is located in the R10 Zoning District where single-family homes are permitted by right; and the project meets the findings required for an environmental and design review (SRMC Section 14.25.090). 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: The Project conforms with the property development standards for the R10 zoning district (SRMC Section 14.04.030) and meets the findings required for a Variance (SRMC Section 14.23.070). The Project is consistent with the design review criteria provided in SRMC Section 14.25.050 as the materials, colors, and overall design are in concert with the existing property features and surrounding neighborhood. C. The project design minimizes adverse environmental impacts: The proposed structures for the Project would be constructed so that no excessive grading into the hillside is required. D. The project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity: The Project has been reviewed by the Building Division and the Fire Department and the location and orientation of the parking has been reviewed for safe access by the Department of Public Works. As conditioned, the project would not be a detriment or injurious to property or improvements in the vicinity of the development site or the public health, safety or welfare. - 4 - CONDITIONS OF APPROVAL Conditions of Approval for PLAN 25-020 (ED25-026; V25-002) PLANNING DIVISION 1. Approved Project. This Environmental and Design Review Permit (ED25-026) and Variance (V25-002) conditionally approves the construction of a new parking deck, garage, entry gate, and associated access stairs adjacent to the front and street side property lines at 15 McCoy Road. Plans submitted for building permit shall be in substantial conformance to the approved plans dated June 7, 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 October 30, 2025 and shall be valid for a period of two (2) years from the date of final approval or October 30, 2027, and shall become null and void if a building permit is not issued or a time extension granted by October 30, 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. 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, - 5 - 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. 9. Temporary Fences. Temporary security fences may be erected around construction sites during the time a valid building permit is in effect for construction on the premises. Temporary security fences need not comply with San Rafael Municipal Section 14.16.140 and must be immediately removed upon completion of the construction authorized by the building permit. 10. 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. 11. Approved Materials and Colors. The approved materials and colors for the project shall be indicated on project plans submitted for building permit and implemented in the field. Any changes in materials or colors shall be subject to prior review and approval by the City Planning Division, and a determination as to whether the change is major or minor. Any changes to the approved materials or colors shall be clearly indicated on plans and receive written verification that this change has been reviewed and approved by the Planning Division. DEPARTMENT OF PUBLIC WORKS 12. The applicant shall obtain a minor temporary encroachment permit from the Department of Public Works prior to conducting any work within or any time the Public Right-of-Way (ROW) is impacted. Encroachment permits can be applied for online on the City of San Rafael website: https://www.cityofsanrafael.org/encroachment-permits/ 13. The applicant shall obtain a major continuing encroachment permit with revocable license agreement for providing use, operation and maintenance of any encroaching improvements constructed in the Right-of-Way in accordance with section 11.04.050 of the City's Municipal Code. The agreement shall be applied for prior to issuance of building permit and finalized prior to finalization of building permit. The agreement shall include the following: a. Provide a legal description and map of the encroachment in a format suitable for recordation (letter sized paper),and labeled as Exhibit “A”. b. Include the vertical extents of the improvements and provide a cross section of the improvements in relation to the topography. - 6 - 14. Please follow and include as part of the building permit plans the “Minimum Control Measures for Small Construction Project” guidelines for erosion control during construction. More information can be found on the Marin County Stormwater Pollution Prevention Program (MCSTOPPP) Website: https://mcstoppp.org/2020/03/construction-projects/ 15. Prior to issuance of building permit, the applicant shall provide a plan review letter from the geotechnical engineer of record confirming that the project drawings are in conformance with their recommendations. 16. The applicant shall submit a construction management plan for City review and approval prior to issuance of a building and/or encroachment permit. Construction staging shall be onsite to the maximum extent feasible. Any request for exceptions is subject to the review and approval of the Department of Public Works. 17. A construction vehicle impact fee (Street Maintenance Fee), which is calculated at 1% of the valuation, with the first $10,000 of valuation exempt, shall be required and applied on the building permit. The applicant is required to remit payment of the construction vehicle impact fee prior to building permit issuance. 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. Two letters of support were received by the Planning Division prior to the publication of this staff report. -1 - Community Development Department – Planning Division Meeting Date: October 22, 2025 Project Number(s): UP25-010 (PLAN25-108) Project Planner: Michaela O’Brien, Assistant Planner Agenda Item: 2 REPORT TO ZONING ADMINISTRATOR SUBJECT : 1345 Francisco Boulevard. Request for a conditional Use Permit to operate a Motor Vehicle Rentals facility (Sixt Rent a Car); APN: 009-132-35; Zoning District, Light Industrial/Office (LI/O); UP25-010 (PLAN25-108) EXECUTIVE SUMMARY The applicant is requesting a Conditional Use Permit to operate a Motor Vehicle Rental facility in the Light Industrial/ Office district . Pursuant to San Rafael Municipal Code (SRMC) Section 14.06.020, a conditional Use Permit is required for Motor Vehicle Rentals (including automobiles, motorcycles, trailers, trucks, and recreational vehicles). PROJECT DESCRIPTION The applicant (Sixt Rent a Car) proposes to establish a new Motor Vehicle Rental facility at 1345 Francisco Boulevard. The project would involve the use of an existing 10,000 sq. ft. multitenant commercial building and associated site improvements to accommodate the rental , storage, and minor detailing. The proposed facility will include: •Customer service office: Located within the existing building, to handle reservations, check-ins, and returns. •Vehicle storage area: Designated outdoor and indoor parking spaces for up to 21 rental vehicles. •Hours of operation: 9:00 AM to 5:00 PM seven (7) days a week, including holidays. •Staffing: 5 employees on site during operating hours. •Vehicle servicing: Limited to light cleaning; no major repairs or mechanical work will be performed within the space which it is proposed to occupy. The proposed project does not include any exterior modifications or new signage. FINDINGS Findings for Use Permit (UP25-010) CEQA Finding Yes VALID - 2 - 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 YES Section 15301 (“Existing Facilities”) This project is proposed to take place in an existing building with no expansion and only interior minor modifications that will not alter 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 proposed use is consistent with the goals and policies of the General Plan 2040, which encourages business parks, economic development, and support for neighborhood-serving businesses. The Motor Vehicle rental facility supports these objectives by providing a transportation-related service that meets community needs and contributes to the local economy. The project also aligns with the objectives of the zoning ordinance, which include promoting the orderly development of land, ensuring compatibility between uses, and protecting the public health, safety, and welfare. The proposed use is conditionally permitted in the Light Industrial/Office district and has been designed to comply with all applicable development standards and requirements. Furthermore, the project supports the purpose of the Light Industrial/Office, which is to preserve and expand the contribution of industrial, building trades and auto service uses to the overall economic base and employment opportunities of the city. The facility is appropriately located on a commercially zoned site with adequate access, circulation, and infrastructure to support the proposed use without adversely affecting surrounding properties. 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 Motor Vehicle Rental facility has been designed and conditioned to ensure it will not be detrimental to public health, safety, or welfare, nor materially injurious to nearby properties or improvements. The project will operate within an existing commercial building and utilize both indoor and outdoor areas for vehicle storage, consistent with the site’s zoning and surrounding land uses. Operational activities will be limited to vehicle pick-up and drop-off, and light cleaning. No major mechanical work or vehicle repairs will occur in the proposed new tenant space, reducing the potential for noise, odors, or hazardous materials. Hours of operation will be limited to daytime business hours, further minimizing potential impacts on nearby residential or commercial uses. The operational hours specified in the conditions provide flexibility to accommodate potential future expansion of business hours. Adequate on-site circulation and parking will be provided to prevent traffic congestion or spillover parking in the surrounding area. The project will comply with all applicable municipal code requirements and conditions of approval, ensuring that it operates in a safe, orderly, and neighborhood-compatible manner. Finding C That the proposed use complies with each of the applicable provisions of the zoning ordinance: X The project has been reviewed by City staff and determined to be consistent with the intent and requirements of the zoning ordinance. Any conditions of approval imposed through the Conditional Use Permit process will ensure continued compliance. CONDITIONS OF APPROVAL - 3 - Conditions of Approval for UP25 -010 1. Approved Use. This conditional Use Permit allows the use of a Motor Vehicle Rental facility at 1345 Francisco Boulevard, SRMC Section 14.06.020. The project would involve the use of an existing 10,000 sq. ft. multitenant commercial building and associated site improvements to accommodate the rental, storage, and minor detailing. The proposed facility will include: • Customer service office: Located within the existing building, to handle reservations, check-ins, and returns. • Vehicle storage area: Designated outdoor and indoor parking spaces for up to 21 rental vehicles. • Staffing: 5 employees on site during operating hours. • Vehicle servicing: Limited to light cleaning; no major repairs or mechanical work will be performed within the space which it is proposed to occupy. 2. Hours of Operation. Seven days a week from 8:00 a.m. to 9:00 p.m. 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 7/24/2025 and on file with the Community 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 Development Director may require review and approval as an amendment to this Use Permit by Planning staff. 4. Building Permit. Prior to the commencement of work, a building permit shall be obtained from the Building Division. 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. 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 30, 2025, and shall be valid for a period of two (2) years from the date of final approval or October 30, 2027, and shall become null and void if a building permit is not issued or a time extension granted by October 30, 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. 8. Noise Limits. Applicant shall comply with noise limitations as required by SRMC Section 14.16.260 – Noise Standards. 9. Sign Permit. A separate permit shall be required to install any exterior signage at the business. 10. 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 require review and approval by the original decision-making body. - 4 - 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.