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HomeMy WebLinkAboutPlanning Commission 2011-05-24 #3 CITY OF Community Development Department – Planning Division P. O. Box 151560, San Rafael, CA 94915-1560 PHONE: (415) 485-3085/FAX: (415) 485-3184 Meeting Date: May 24, 2011 Agenda Item: 3 Case Numbers: ED10-092 Project Planner: Kraig Tambornini (415) 485-3092 REPORT TO PLANNING COMMISSION SUBJECT: 812 4th Street (Pizza Orgasmica Restaurant Exterior Repainting) – Request for Environmental and Design Review Permit approval of revised building colors for Pizza Orgasmica commercial restaurant and brewery building, located in the downtown area; APN: 011-224-08,-10,-11&-19; 4SRC District; Gale Fisher, owner; Taylor Maia, applicant; File No.: ED10-092 EXECUTIVE SUMMARY In November 2009, Pizza Orgasmica submitted a request to re-open the former Willow Street restaurant and brewery use located at 812 Fourth Street. In February 2010, the Planning Division confirmed that the use was permitted under the Design Review and Use Permit approvals previously granted for the site (UP93-10, ED93-10 and amendment ED00-29). In August 2010, the Planning Division authorized issuance of building permits to re-establish the use consistent with the prior approvals. Staff further approved new business signs under Sign Permits SR10-65 and SR10-72. In November 2010, staff received a complaint that the building was recently repainted to a new color scheme (bright yellow and green). San Rafael Municipal Code Section 14.25.040.C.5 requires an Environmental and Design Review approval for any design changes made to buildings that received precious design approvals. Therefore, staff directed the business owner to apply for a Design Review Permit to consider the recent repainting of the building. Staff notes that Design Review approval is not required for repainting of buildings constructed prior to requirement for Design Review and/or that are not proposing significant exterior building modifications or additions. Therefore, there remain many older buildings in downtown that are currently not subject to Design Review for repainting; such as the Sol Food Restaurant at Lincoln and 3rd Ave. The Design Review Board reviewed the proposed building colors on two occasions; January 19 and February 23 2011. At the January 19th meeting, the Board recommended revising the palette to tone down the yellow color and add neutral color(s). At the February 23rd meeting, the applicant proposed a revised yellow body color with a flat finish, in an effort to address the Boards concerns and maintain his desired color theme. The Board maintained that the yellow color must be significantly toned-down with neutral color(s) added to the palette. The Board further suggested bright colors should be limited to entrance areas, and requested larger plan elevations to illustrate painting details. On April 14, the applicant submitted larger color elevations drawn by an architect, with substantially the same color palette presented to the Board on February 23. The General Plan and Zoning criteria support vibrancy in downtown. Some examples of bright colors introduced into the area include Sol Food restaurant’s bright green color and George’s art deco metal marquee with blue neon accents. However, staff and the Design Review Board recommend that the repainting plan must demonstrate it would achieve a high quality finish, be appropriate for building architecture as well as use, and unify the building with adjacent structures. To comply with this recommendation the building repainting scheme should accomplish the following: REPORT TO PLANNING COMMISSION - Case No: ED10-92 Page 2 ¾ Maintain and restore finishes of existing metal sconce and glass awnings, ¾ Use non-reflective, flat paint with a high-quality finish, ¾ Significantly tone-down the yellow body color with a light yellow tone, ¾ Incorporate a neutral main body color into the scheme, ¾ Use a neutral color for the landscape wall and trash enclosure, and ¾ Limit use of bright colors, such as for accent at entryways. The applicant’s goal is to maintain the two-tone green and yellow color theme, with colors that would satisfactorily address the applicable City criteria. A section of the building has been painted-out (rear-left side) to contrast against the original proposed fluorescent yellow color. Given the proposal is substantially the same as previously reviewed by the Board, staff felt it was appropriate to refer the project directly to the Commission for a decision rather than return to the Board. The Board has since reviewed the recent paint-out and confirmed its February 23rd recommendation remains unchanged. Further, the Board reiterated that bright colors should be limited for use as accents, which was recently done at the new Sol Food locations on Fourth and on Lincoln Ave, and that the main yellow body color should be modified to a very light yellow. RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution denying the application, without prejudice, and directing the applicant to submit a revised application addressing the identified issues or restore the original approved paint colors within 30 days. PROPERTY FACTS Site Characteristics General Plan Designation Zoning Designation Existing Land-Use Project Site: Fourth Street Commercial Core 4SRC Restaurant & Brewery North: Fifth Mission Residential Office 5MRO Apartments/Offices South: Fourth Street Commercial Core 4SRC Retail/Office/Service East: Fourth Street Commercial Core 4SRC Retail/Office/Service West: Fourth Street Commercial Core 4SRC Retail / Restaurant Site Description/Setting: The site consists of a one-story commercial building originally developed in the early 20th century as a mercantile shop, at the east end of downtown San Rafael. The building is locally listed as historic; i.e., Mission Revival style. The building lies adjacent to one-story commercial businesses, backs to a mixed- use commercial office and residential district on Fifth St, and near other historic buildings located on the opposite side of 4th Street. The building’s main entrance faces 4th Street. The rear of the building consists of an addition that faces a private parking lot on 5th St. There is low landscape planter wall on the Lincoln Ave. frontage and trash enclosure in the parking lot off 5th St. BACKGROUND In November 2009, Pizza Orgasmica submitted for permits to reopen “Rafters Restaurant and Brewery” (aka, former “Willow Street Brewery”) located at 812 4th Street in downtown San Rafael. The front entry faces 4th St. west of Lincoln Ave. The back of the building faces 5th and Lincoln Ave (Exhibit 1). The structure is on the City’s local historic list (i.e., the 4th Street frontage), a one-story masonry ‘Mission Revival’ structure. REPORT TO PLANNING COMMISSION - Case No: ED10-92 Page 3 In February 2010, City staff confirmed that the prior Design Review and Use Permit entitlements remained valid and that the owner had not abandoned the restaurant and brewery use as the building and improvements remained in place. Prior project zoning entitlements including review and approval of building exterior building and color changes, under UP93-10 and ED93-10, with amendment ED00-29. At this time there were no changes proposed to the exterior of the building. In November 2010, City staff approved Sign Permits SR10-65 and SR10-72 for new signage. Staff further directed the applicant to file an application and request approval of recently completed building repainting work, as required by the original permit approvals. In December 2010, the applicant submitted an application and color samples to legalize the new bright yellow and green paint scheme. On January 19 and February 23, 2011, the Design Review Board reviewed the project, and recommended changes to the proposed new color scheme. The Board directed that the applicant significantly tone down the use of vibrant colors, consider use of bright colors for building entrances only, incorporate neutral color(s) into the project, maintain existing high quality glass and metal finishes, and provided larger elevation plans to better show project details. On April 14, 2011, the applicant submitted revised elevations drawn by an architect and additional color samples for the green and yellow scheme, which were generally the same as presented to the Board on February 23. PROJECT DESCRIPTION The project requests design approval for revised commercial building colors. The applicant/restaurateur operates several “Pizza Orgasmica” restaurants in the Bay area, and this location would specifically include Brazilian cuisine. The applicant has requested approval of the vibrant yellow and green color scheme as a means to express the Brazilian theme. The details of the proposal are as follows: (1) Repaint the existing one-story restaurant building with bright yellow walls and green accents on its three exterior sides; i.e., facing 4th St., Lincoln Ave and parking lot facing 5th Ave. (2) Incorporate a yellow awning over the rear entrance (3) Paint the low landscape planter wall along Lincoln Avenue to match the main building color (4) Paint the garbage enclosure in the rear parking lot to match the main building color ANALYSIS Design review is required for all new non-residential buildings and projects, additions or significant exterior renovations to existing non-residential buildings, and modifications to previously approved projects. The proposed building colors at 812 4th Street require City review and approval as a modification to a previous design approval granted for the site. The discussion below identifies the pertinent General Plan and Zoning criteria that apply to the proposed building repainting project. Staff notes that the majority of the buildings in downtown area were constructed before Design Review requirements were applied to the area. Many of these buildings have since been modified, and been made subject to design review permit requirements. However, older buildings that have not been subject to any prior design review may be repainted using different colors without requiring City review. This was the circumstance when Sol Foods repainted their building on 3rd Street and Lincoln Ave. The City does not have a specific color palette approved for the downtown area. Rather, the criteria found in the General Plan, Zoning Ordinance and San Rafael Design Guidelines suggest that building REPORT TO PLANNING COMMISSION - Case No: ED10-92 Page 4 colors and materials should consider its surroundings, architecture, accents and details, background, reflectivity and quality of finish. Use of natural materials and a wide range of earth-tone colors are strongly encouraged. The downtown also encourages vibrant and active uses, and a building’s design, colors and finishes can contribute to this quality. Thus, in order to assure consistency with the many overlapping criteria and policies, projects involving a substantial change to an approved design concept typically warrant more scrutiny. Therefore, staff forwarded the proposal to implement a bright scheme in a highly visible downtown location to the Design Review Board for its guidance and to assure public input. The building colors have generated a significant amount of controversy and comment from members of the public both in support and opposed to the scheme. The Board has reviewed both the original bright fluorescent and green colors and the alternate flat finish yellow body color. The Board has expressed some level of support for limited use of bright colors in the painting scheme, but its consensus opinion was that the yellow color must be significantly toned down in amount and intensity and that a neutral color needed to be used in order to be compatible with the building architecture and downtown setting. The Board recommendation included limiting bright colors as accents to the building only, such as at entrance locations, with a very light main body yellow color. The applicant is pursuing the color scheme as presented to the Board on February 23, which maintains a dark yellow primary color with the green accent using a flat non-reflective finish. Because this palette is substantially the same as reviewed by the Board and does not respond to their comments, staff has forwarded this matter directly to the Commission for final action. The recommendation for denial of the project is on the basis that the proposal would not address all of the following issues with the repainting proposal: ¾ Significantly tone-down the yellow body color with a very light yellow tone, ¾ Incorporate a neutral main body color into the scheme, ¾ Use a neutral color for the landscape wall and trash enclosure, and ¾ Limit use of bright colors, such as for accent at entryways. The recommendation on the repainting also includes the following: ¾ Maintain and restore finishes of existing metal sconce and glass awnings, ¾ Use non-reflective, flat paint with a high-quality finish, The applicant painted a section of the building on May 11, as recommended by staff. This shows the alternate yellow color would significantly reduce brightness and reflectivity and improve the quality of the finish. Board members have reviewed the paint-out and confirmed their recommendations for modification to the scheme. A detailed analysis of the pertinent policies and criteria applied to review of this project is provided below. San Rafael General Plan 2020: The following General Plan Policies are relevant to design changes to building colors in downtown: ¾ NH-15. Downtown Vision. Continue to implement Our Vision of Downtown San Rafael (The Downtown Vision encourages and celebrates diversity, accepting and valuing differences, and promoting a healthy economic center). ¾ NH-29. Downtown Design. New and remodeled buildings must contribute to Downtown’s hometown feel. Design elements that enhance Downtown’s identity and complement the existing attractive environment are encouraged, and may be required for locations with high visibility or for compatibility with historic structures. Design considerations include: y Varied and distinctive building designs, y REPORT TO PLANNING COMMISSION - Case No: ED10-92 Page 5 Sensitive treatment of historic resources, y Generous landscaping to accent buildings, y Appropriate materials and construction, and y Site design and streetscape continuity. (Further, staff notes that Policy CD-2. Neighborhood Identity calls for strengthening of the San Rafael “hometown image” in non-residential areas by maintaining the urban, historic, and pedestrian character of the Downtown, [and] … improving the appearance and function of commercial areas…) ¾ NH-32. Historic Character. Recognize and use the unique character of Downtown’s many attractive, well-liked, historic buildings. Encourage new development in suites in the Downtown area to be compatible with nearby historic buildings, the historic Downtown street pattern, and the area’s historic, pedestrian oriented character. ¾ NH-34. Fourth Street Retail Core. (a) Mix of uses. Make Fourth Street Retail Core the center of San Rafael’s activities, with a diverse mix of uses including retail, service, entertainment, cultural, finance, office and housing. (b) Successful retail area. Develop Downtown San Rafael as one of the most interesting and popular shopping areas in the Bay Area by making it vibrant and alive all day and evening, full of people and activities and offering a wide variety of unique shops. With uses such as restaurants, coffee houses and bookstores, Fourth Street and the cross streets will be a vigorous and growing retail center highly valued by Marin County residents. (c) Alive-after-five. Maintain a mix of businesses active at different times of the day and the week, especially to keep Fourth Street active and busy after 5PM; by encouraging existing businesses to remain open in the evenings; and by attracting new businesses that are open later in the day. (d) Entertainment Center. Encourage the location of additional entertainment venues in the Fourth Street corridor, which will attract people from throughout the Bay Area, and benefit the Downtown businesses and the San Rafael community. Staff has concluded that the General Plan policies Zoning Ordinance criteria appear to accommodate and encourage variety in colors applied to buildings City-wide and within downtown. The City has not adopted a specific color palette for commercial buildings in the downtown. Rather, the criteria used to review these components suggest that surrounding building colors and values should influence colors, and that colors and materials contribute to the character of a building and area by being of high quality, durable and implemented to accent building architectural elements. The City must evaluate proposed colors and materials on a case-by-case basis and avoid a trend toward color uniformity, which would potentially conflict with General Plan policies encouraging vibrancy and diversity. The Downtown Vision encourages vibrancy and Fourth Street Retail Core also encourages a diverse mixture and active uses for the downtown core making it a vibrant area all day and evening. There are also examples of vibrant colors that implemented in the surrounding area, such as the Sol Food Restaurants on the corners of Lincoln Ave/4th St and Lincoln Ave/3rd St, and the metal and blue neon accents of Georges nightclub at 842 4th Street. Thus, at least some limited use of bright building colors for the Brazilian-themed restaurant would be compatible with the policies encouraging vibrancy and diversity, provided it results in a high quality, finished appearance. Retention of the existing glass and metal awning and light sconces and incorporation of neutral body or accent colors to complement the building architecture, reduce glare and relate to surrounding buildings would help to ensure compliance. The subject building at 812 4th Street and building across the street at 813-19 4th Street are also on the City’s local historic buildings listing. The 812 4th Street building frontage is identified as ‘Mission Revival’. The distinguishing features of the building façade include the stucco finish and coping on the parapet. The two-story building across 4th Street is ‘Renaissance’ style (masonry building with ornamental brick/voussoirs /keystones); this building has been altered with additions and modifications made to the upper stories. Staff reviewed the Secretary of Interior's standards for treatment of historic properties, and did not find specific recommendations regarding appropriate colors for the historic building style. The color scheme is not intended to restore the building to historic colors, and this is not a City requirement for the project. Nevertheless, the painting program should be appropriate for the building style and REPORT TO PLANNING COMMISSION - Case No: ED10-92 Page 6 setting, as well as its function. In this case, it appears the current color scheme primarily only relates with the restaurant theme. Zoning Ordinance and San Rafael Design Guidelines: Environmental and Design Review Permit Approval is required pursuant to San Rafael Municipal Code Section (SRMC) 14.25.040.C.5 (Improvements subject to review); which applies to design changes to projects that previously obtained Design Review approval. The following criteria are pertinent to the proposed color change. Chapter 4 – Base 4SRC Zone District ¾ The SRMC Section 14.05.010.L.3 identifies the intent of the 4SRC district is that design be compatible with the pattern and character of the many attractive and historic buildings along 4th Street. Pedestrian scale is important. However, there is no specific direction provided on a suitable color range. Chapter 25 – Environmental and Design Review Permit ¾ SRMC 14.25.050.F.2 (review criteria) states that materials and colors should i) be consistent with the context of the surrounding area, ii) minimize contrast with background by selecting colors that coordinate with predominant colors and values of surrounding landscape and architecture, with iii) high quality building materials required. Natural materials are also encouraged, including metals that achieve an attractive oxidized finish. Discussion of the zoning criteria has been combined with the discussion of the design guidelines, below. San Rafael Design Guidelines: The San Rafael Design Guidelines were developed to provide additional criteria to support implementation of SRMC Chapter 14.25 and related General Plan 2020 policies. The criteria deemed pertinent to this application are discussed, as follows: Building Form: ¾ A continuity of design, materials, color, form and architectural details is encouraged for all portions of a building and between all the buildings on the site. Entryways: ¾ A defined sense of entry with pedestrian orientation should be provided. Awnings ¾ Where appropriate, provide well-designed awnings to enhance the design of the building, provide weather protection, and add liveliness, interest and a sense of human scale. ¾ Awning colors may be varied and should be compatible with the colors of the building and of adjacent buildings. ¾ Signs may be provided on an awning. ¾ Translucent, illuminated awnings are not encouraged. Materials and Colors: ¾ Use articulation, texturing and detailing on all concrete exposed to exterior view. ¾ Exterior materials should minimize reflectivity ¾ Use color to provide appropriate accents on a building. The primary considerations used in evaluating this project have been the quality of the work, reflectivity of finishes, color choices and application to building details. The bright colors reflect more color onto streets and adjacent building. The two-color scheme would be improved by providing an additional REPORT TO PLANNING COMMISSION - Case No: ED10-92 Page 7 neutral color and reducing the yellow shade, as recommended by the Board, and retaining/restoring natural glass and metal finishes to the wall sconces, window mullions and awnings. The use of additional neutral colors could also help define architecture and relate the project with predominant colors in the surrounding downtown environs. DESIGN REVIEW BOARD RECOMMENDATION The current Design Review approval ED00-29 for the site approved an earth-tone color palette for the subject building, when it was renovated to Willow Street Brewery. The proposed new color scheme for this building was referred to the Design Review Board for its review and recommendation as provided under SRMC 14.25.070.A; given the highly visible location in downtown and bright color palette being proposed. Staff specifically requested guidance on the following City Design Criteria and recommendations of staff: • Whether the bright color palette could be supported if revised to achieve a high quality finish utilizing low reflective paint, incorporating additional neutral colors to blend with the building or background, limiting bright colors for details or accents, and restoring the finish of metal and glass awning accents and fixtures on the building. • That the landscape wall along Lincoln Avenue and trash enclosure be repainted a neutral color to relate contextually with the landscaping and downtown environs; rather than painted to match the bright building wall color. The Board (with Commissioner Kirchmann as Liaison) reviewed the original color scheme at a noticed public meeting on January 19, 2011, received public input, and voted unanimously (5-0, with member Lentini absent) to continue the matter recommending revisions to reduce the amount of bright colors, and add neutral and lighter yellow colors to blend in with the downtown setting. The Board had the following consensus items: • There is consensus that the yellow color must be toned down in terms of reflectivity and brightness on the front and rear elevations. • Highlighting could be limited to the rear entry with brighter colors and other colors introduced into the palette for the rest of that large wall to breakdown the large expanse of yellow. • Add another color into the palette in front to try to help breakup and tone down the yellow color in front. More yellow is allowed in front, but being toned down in vibrancy and current brightness. • The planter wall along with the other accessory details such as trash enclosure should not be yellow and repainted a different neutral color. • Restore the metal and glass finishes of accent details on the building to help improve this paint program. At its February 23, 2011 meeting, the Board reviewed revision of the yellow color to a flat non-florescent finish. However, the Board concluded the change in yellow color did not address their previous concerns, and on a 3-1 vote (Member Robertson opposing and Members Summer and Lentini absent) continued the matter again, with direction that the proposal incorporate a neutral body color and significantly lighter shade of yellow. They Board’s consensus was as follows: • The yellow color must be significantly toned-down with maximum color intensity similar to the referred to hydroponics building E Francisco Blvd. • Incorporate a neutral color into the scheme. • Use of brighter color(s) could be focused on entry features. • Matte-finish non-glossy finish is important. REPORT TO PLANNING COMMISSION - Case No: ED10-92 Page 8 The minority Boardmember did not find the proportions of color problematic, rather his primary concerns were the quality of the paint job and reducing the reflectivity. ENVIRONMENTAL DETERMINATION The proposed project, if approved, is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15301 of the CEQA Guidelines which exempts minor alterations to existing facilities. Further, use of the exemption for the repainting project is not preempted by Section 15300.2 (Exceptions) in that there are no unusual circumstances affecting the site and would not cause a substantial adverse change in the significance of a historical resource as defined under Section 15064.5. NEIGHBORHOOD MEETING / CORRESPONDENCE Notice of public hearings have been mailed to the property owner, all residents, owners and businesses within 300 feet of the site, the Downtown Businesses Improvement District, the Chamber of Commerce and the Federation of San Rafael Neighborhoods. Staff has received numerous emails, letters and phone calls from residents on the project both in support and opposed to the color scheme. The 87 written comments received on this project to date are attached as Exhibit 5. There are 18 comments opposed to the project, of which the respectful comments generally state that the colors are too bright and do not blend in with other buildings in the downtown. Among the 69 comments in support of the project, the respectful comments generally state the bright colors enliven the downtown area. OPTIONS The Planning Commission has the following options: 1. Deny the application, without prejudice, as recommended by staff (in which case the applicant must restore the original approved scheme, but may resubmit a revised application in response to the Board’s comments). 2. Deny the application, with prejudice (in which case the applicant must restore the original approved scheme, and may propose a substantially different project or must wait one-year before resubmitting the same project). 3. Approve the application with or without modifications, changes or additional conditions of approval and direct staff to return with a revised Resolution; or 4. Continue the application to allow the applicant to address any of the Commission’s comments or concerns. EXHIBITS 1. Vicinity Map 2. Draft Resolution of Denial 3. Design Review Board Meeting Minutes a. January 19, 2011 b. February 23, 2011 4. Public Correspondence a. In Opposition b. In Support 5. Project Plans - distributed to Planning Commission Members only. Color samples will be presented at the hearing.