HomeMy WebLinkAboutPlanning Commission 2015-04-14 #2CITYOF
CA
Community Development Department— Planning Division
P. O. Box 151560, San Rafael, CA 94915-1560
PHONE: (415) 485-3085/FAX: (415) 485-3184
REPORT TO PLANNING COMMISSION
Meeting Date:
Agenda Item:
Case Numbers:
April 14, 2015
ED15-014
Project Planner: Sarjit Dhaliwal -(415) 485-3397
SUBJECT: 655 Irwin Street (Sprouts Farmers Market) - Environmental and Design Review
Permit to allow an approx. 247 sq. ft. (10.5 -ft tall and 23.5 -ft wide) mural on the front
(northerly) window of a new grocery store tenant. The mural depicts an agricultural
scene; APN: 013-032-05; Planned Development (PD1 847) District; La Terra, owners;
Noble Sians. aDolicants.
EXECUTIVE SUMMARY
Sprouts Farmers Market (Sprouts), a grocery store, is going to open at 655 Irwin Street, which was
vacated by Pacific Sales. Sprouts has submitted a request to install a mural on the front store window
facing the parking lot.
Murals are considered a "Major Physical Improvement' pursuant to San Rafael Municipal Zoning Code
Chapter 14.25.040.A.5 and, thus, require a Major Design Review Permit. Major Design Review Permits
require the review and recommendation of the Design Review Board and approval of the Planning
Commission.
Overall, staff recommends that the mural design proposed by Sprouts at this location results in an
appropriate design and message for the building and its surroundings, and would add some vibrancy to
the fairly non-descript retail building. Neither the Zoning Ordinance nor the Non -Residential Design
Guidelines contain specific criteria related to murals. Therefore, in the analysis section below, staff has
identified a few standard design principles that should be considered in the review of the mural. The
Board has reviewed this project and recommended its approval to the Planning Commission.
RECOMMENDATION
It is recommended that the Planning Commission adopt the attached Resolution conditionally approving
the Environmental and Design Review Permit (ED15-014) for the installation of a mural at 655 Irwin
Street (Exhibit 2).
PROPERTY FACTS
Address/Location: 655 Irwin Street Parcel Number(s): 013-032-05
Property Size: 24,230 sq. ft. building Neighborhood: Francisco Blvd West
Site Characteristics
General Plan Designation
I Zoning Designation
Existing Land -Use
Project Site:
General Commercial
PD 1847
Grocery store
North:
General Commercial
PD 1847
Parking lot
South:
Industrial
Industrial (I)
Light industrial uses
REPORT TO PLANNING COMMISSION - Case No: ED15-004
Page 2
East:
General Commercial
PD 1847
Commercial uses
West:
General Commercial
I PD 1847
Parking lot
BACKGROUND
Site Description & Setting:
The project is proposed on a 24,230 sq. ft. retail building within Shamrock Center located at northwest
corner of Irwin Street and Lincoln Ave. Shamrock Center is developed with two more retail buildings and
provides a total of 264 parking spaces where 261 are required. Sprouts needs 97 parking spaces. Other
uses located within Shamrock Center are Staples, Starbucks, a furniture store, a gym and an auto repair
business. The mural project is proposed to be installed on the front window of north side of the Sprouts
building elevation, facing the parking lot. The building exterior is concrete with glass in the front of the
building.
History:
Two Environmental and Design Review Permits, ED14-050 and ED14-085, for exterior modifications to
the building were approved in 2014.
PROJECT DESCRIPTION
According to the Sprouts Farmers Market, it is a unique grocery store that specializes in farm -fresh
produce purchased from local growers as well as a full line of grocery products with natural, organic and
favorite indulgence foods a great value.
The applicant has designed a mural theme that depicts an agricultural setting. The proposed mural
design is illustrated in Exhibit 3. It would be 10.5 -ft. tall and 23.5 -ft. wide and mounted on the north
building fagade window facing the parking lot. The mural would be located to the right (as facing the
building) side of the building entry.
The proposed mural would be mounted on the outside of the window just like vinyl glazing and would act
as a glaze.
ANALYSIS
Painted murals would be considered signage if they include written script or pictures of a business or
items sold or services offered on site. Mural signs are further regulated under provisions of the Sign
Ordinance (Section 14.19 of the Zoning Ordinance). Painted murals that do not provide any advertising,
thus are not mural signs, are subject to a Design Review Permit (Section 25.040.A.5 of the Zoning
Ordinance).
In this particular application, the proposed mural depicts an agricultural scene and does not advertise any
products or businesses, and is therefore considered a mural and not signage. There are no design
criteria contained in the General Plan, Zoning Ordinance or Non -Residential Design Guidelines
applicable to painted murals. Given the lack of specific review criteria, staff recommends that the
common design principles should be applied and that the following items should be considered in
reviewing this mural:
1. Whether the design and colors of the mural are an integral part of, compatible with, and
complement the existing building on the site where it is proposed;
2. Whether the design and colors of the proposed mural are compatible with the character and
design of other buildings in the immediate neighborhood of the site;
3. Whether the design or message of the mural is obscene or offensive to morals; and
REPORT TO PLANNING COMMISSION - Case No: ED15-004
Page 3
4. Whether there are adequate measures to maintain the mural and keep it clean and free of
graffiti or weather damage.
Overall, both staff and the DRB have reviewed this proposed mural. The design of the mural is
appropriate for the site, would fit in with its context, and is proportional with the building wall on which it is
proposed. The mural would not cover the entire front wall. The message and design of the mural does
not present an offensive message. The design of the mural was developed by Noble Signs for Sprouts
and portrays a rural landscape. The mural would include vibrant colors that would help liven a fairly non-
descript glass window.
Staff has included and is recommending certain conditions in the draft Resolution of approval (Exhibit 2)
to: a) memorialize what is being approved; and b) regulate any future changes to the mural and require
certain maintenance. Key conditions include:
➢ Condition #5 — Prohibits change to the mural without review and approval of the staff and more
substantive changes would require an amendment to the Environmental and Design Review
Permit.
➢ Condition #6 — Requires that the mural be maintained in good form and condition, free of graffiti
and that the mural be maintained in a manner that appears like it is new, free of fading
➢ Condition #7 — Requires that if the mural sustains damage from graffiti, the applicant is
responsible for either cleaning and repairing the damage within in 72 hours, but not more than 10
days, or removing the mural all together. The 72 hours can be extended with approval of staff if
the applicant shows there is a valid reason they need more time. In terms of the removal
requirement, that is intended to be more of a final action in case there is either: 1) constant and
continued damage to the mural; or 2) the applicant no longer wants or is present to deal with the
maintenance, removal is an option.
DESIGN REVIEW BOARD RECOMMENDATION
The DRB reviewed this application on March 17, 2015 (Commissioner Wise as Liaison). Overall, the
Board was supportive of the design, location and method of construction of the proposed mural. In
addition, the applicant was present to describe the installation/construction of the mural. No one from the
public addressed the Board regarding the mural.
The Board expressed concern about the texture on the panel and directed staff to stipulate conditions of
approval regarding the upkeep of the mural and its uniform presentation in case of graffiti.
In conclusion, the Board unanimously recommended approval of the mural as presented (4-0 with
members Summers and Lentini absent). Video of the meeting can be viewed at
www.citvofsanrafael.org/meetings and clicking on the video link for the March 17, 2015 meeting in the
Archived Videos section.
ENVIRONMENTAL DETERMINATION
The proposed project is exempt from the requirements of the California Environmental Quality Act
(CEQA), pursuant to Section 15301 of the CEQA Guidelines which exempts minor exterior and interior
alterations to commerical buildings.
REPORT TO PLANNING COMMISSION - Case No: ED15-004
NEIGHBORHOOD MEETING / CORRESPONDENCE
Page 4
Notice of the meeting was mailed to the property owners, businesses and residents within 300 feet of this
site, as well as the Bret Harte Community Association, 15 days prior to this Design Review Board
meeting. A public notice sign was posted in front of the subject building. As of the reproduction of this
staff report, staff has not received any comments in response to the noticing.
A2I[*IZ,
The Planning Commission has the following options:
1. Approve the applications as presented.
2. Approve the application with certain modifications, changes or additional conditions of approval.
3. Continue the applications to allow the applicant to address any of the Commission's comments or
concerns.
4. Deny the project.
EXHIBITS
1. Vicinity Map
2. Draft Resolution
3. Proposed Mural Design (Color copy distributed to Planning Commission only)
EX[:AMT I
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Tuesday, March 24, 2015 2:33 PM
RESOLUTION NO. 11- 09
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING AN
ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED15-014)FOR THE
INSTALLATION OF A NEW 247 SQ. FT. (10.5 -FOOT TALL BY 23.5 -FOOT WIDE) MURAL
ON THE FRONT (NORTHERLY) WINDOW OF A NEW GROCERY STORE TENANT
LOCATED AT
655 IRWIN ST. (APN: 013-032-05)
WHEREAS, on February 18, 2015, Debra Leong of Noble Signs submitted an Environmental
and Design Review Permit application (ED15-014)to allow the installation of a new 247 sq. ft. (10.5 -ft.
tall by 23.5 -foot wide, mural on the front (northerly) window of a new grocery strore tenant located at
655 Irwin St in the Planned Development (PD 1847) District; and
WHEREAS, the proposed mural does not include written script or pictures of a business or
items sold or services offered on site and is therefore not considered a sign as defined by the City's Sign
Ordinance (SRMC Chapter 14.19). However, painted murals (that do not provide any advertising nor
considered Signage) are considered a "Major Physical Improvement" pursuant to San Rafael Municipal
Zoning Code Chapter 14.25.040.A.5 and, thus, require the approval of a Major Environmental and
Design Review Permit; and
WHEREAS, on March 17, 2015, the project was referred to the City of San Rafael Design
Review Board for its recommendation on the mural deign. The Board unanimously recommended
approval (4-0-2; Members Summers and Lentini absent) of the application to the Planning Commission;
and
WHEREAS, the project has been determined to be exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the
CEQA Guidelines which exempts minor alterations to existing facilities; and
WHEREAS, on April 14, 2015, the San Rafael Planning Commission held a duly noticed public
hearing on the proposed Environmental and Design Review Permit (ED15-014), accepting all oral and
written public testimony and the written report of the Community Development Department staff; and
WHEREAS, the custodian of documents, which constitute the record of proceedings upon which
this decision is based, is the Community Development Department.
NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following
findings supporting the approval of Environmental and Design Review Permit EDI 5-014:
A. As proposed, the mural placement and design would be consistent with the following applicable
General Plan 2020 Policies:
1. Community Design Policies CD -10 (Nonresidential Guidelines), CD -15 (Participation in
Project Review) and CD -16 (Property Maintenance) in that: a) the design of the mural was
reviewed by the Design Review Board and recommended for approval; b) public notice was
provided for the DRB and Planning Commission meetings to solicit public input and the
applicant has sought and gathered public support for the design of the mural; c) the mural
proposes to utilize specific paint and other materials to coat the mural and ensure that the mural
can easily be cleaned and restored in case of damage; and d) and conditions of approval have
been imposed to ensure proper maintenance and clarify responsibility for maintenance.
EXHIMT 2
B. As proposed, the mural design would be compatible with the objectives of the Zoning Ordinance, in
that it is consistent with the purposes specified in SRMC Section 14.01.030.A (to implement and
promote the policies of the general plan), Section 14.01.030.I (to promote design quality in all
development and preserve and enhance the city's historic, architectural and cultural resources)
given that:
1. The proposed size, location and design are appropriate for the site and its surroundings given that
they are proportional to the building wall on which it is mounted and the design presents a
rural/agricultural environment;
2. The mural would introduce interest in this area of Shamrock Center and break up the large
expanse of the glass wall that currently faces the parking lot;
3. The vibrant colors would help liven a fairly non-descript glass wall;
4. The mural would use high quality materials and colors and adequate measures have been
incorporated into the design and materials to ensure easy cleanup and repair in case of damage to
the mural.
C. As proposed, the color scheme would be consistent with the purposes and review criteria of Zoning
Ordinance Chapter 25 (Design Review) in that: 1) high quality materials are proposed for the mural;
2) the colors are vibrant and add interest to this building wall; 3) the mural would provide interest
and break up the large expanse of concrete wall on the building elevation; 4) the mural would relate
proportionally to the building on which the mural is mounted; and 5) achieve a high quality finish
and low -reflective paint colors in the mural design that will be coated with protective coating.
D. The project was reviewed by the Design Review Board for general design principals and compliance
with the criteria in Chapter 25 of the Zoning Ordinance and received a unanimous recommendation
of approval, as discussed in Finding A, B and C above.
E. The project design is consistent with all applicable site, architecture and landscaping design criteria
and guidelines for the Core Canal Industrial/Office (CCl/0) District in which the site is located
given that the mural has been reviewed by the DRB for general design principals and review criteria
contained in Chapter 25 of the Zoning Ordinance as discussed in Findings A, B and C above.
BE IT FURTHER RESOLVED, the Planning Commission hereby approves Environmental and
Design Review Permit ED15-014 for the new mural at 655 Irwin Street subject to the following
conditions:
1. This Environmental and Design Review Permit (ED15-014)approves a 10.5 -foot tall, 23.5 -foot wide
stick -on vinyl mural at 655 Irwin St. The mural is approved to be installed on the front (northerly)
glass window of the building facing the parking lot, as shown on the approved plans on file with the
Department of Community Development.
2. The approved mural design and location is as illustrated on the approved plans consisting of the
mural design, picture of the mural location and written description of mural date-stamped approved
"April 14, 2015", and on file with the Community Development Department, Planning Division.
This Environmental and Design Review Permit (ED 15-014) shall run with the land and shall remain
valid regardless of any change of ownership of the project site or business, subject to the conditions
and limitations of the Design Review Permit contained herein, provided that within two (2) years of
this approval or until April 14, 2017: a) the mural is installed; or b) a time extension request is
submitted to the City's Community Development Department. Failure to completely install the mural
or apply for a time extension by the specified date will result in the expiration of this Design Review
Permit.
EXHMT 2 2
4. This Environmental and Design Review Permit (ED15-014) approves a stick -on vinyl mural and shall
not include any advertising or written script or pictures of a business or items sold or services offered
on site. If advertising or written script of pictures are proposed to be installed on the mural, the mural
would be considered a mural sign and be subject to the City of San Rafael Sign Ordinance (SRMC
Chapter 14.19).
There shall be no changes to the design, colors, size or method of attachment without prior review
and approval of the Community Development Department. Minor modifications or revisions to the
project that do not alter the general design or message shall be subject to review and approval of the
Community Development Director. Modifications deemed not minor by the Community
Development Director shall require an amendment to the Design Review Permit and may require
review and approval of the Design Review Board and Planning Commission.
6. The mural, including all supporting components of the mural and its structure, shall be maintained in
good, undamaged condition at all times, free of graffiti or other non approved markings or painting.
This condition requires that the mural always appear as shown on the approved plans and any
damaged, worn or faded improvements shall be replaced in a timely manner as specified below.
In case this mural is damaged or defaced, the applicant shall be responsible for either:
a. Cleaning and restoring the mural design to a good condition in a timely manner. A timely manner
shall generally mean within 72 hours of the damage or a longer period as reasonable, but no more
than 10 days. An extension past the 10 days may be requested by the applicant, but shall be
subject to review and approval of the Community Development Department and shall require
that the applicant demonstrate that all reasonable steps are being taken to address the issue and
more time is necessary and the extension would not result in additional public nuisance.
b. Removing the mural design and all supporting structures, followed by a repair of and repainting
the underlying wall thus returning the glass wall to it pre -mural condition.
c. The property owner shall be ultimately responsible to maintain the mural as required by these
conditions of approval in case the applicant is unwilling, unable or no longer a tenant of the
building.
A decision of the Planning Commission may be appealed to the City Council, in accordance with Chapter
14.28 of the Municipal Code by filing an appeal form and fees within five (5) working days of the date of
approval. If a timely appeal is not filed the decision of the Planning Commission shall be final.
The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting
held on the 14"` of April, 2015.
Moved by Commissioner
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
and seconded by Commissioner
SAN RAFAEL PLANNING COMMISSION
ATTEST:
Paul Jensen, Secretary
EXHIBI`1C 2
Barrett Schaefer, Chair