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HomeMy WebLinkAboutPlanning Commission 2018-11-13 Agenda Packet AGENDA SAN RAFAEL PLANNING COMMISSION REGULAR MEETING TUESDAY, November 13, 2018, 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 1400 FIFTH AVENUE SAN RAFAEL, CALIFORNIA • Sign interpreters and assistive listening devices may be requested by calling 415/485-3085 (voice) or 415/ 485-3198 (TDD) at least 72 hours in advance. Copies of documents are available in accessible formats upon request. • Public transportation to City Hall is available through Golden Gate Transit, Line 20 or 23. Paratransit is available by calling Whistlestop Wheels at 415/454-0964. • To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products. Any records relating to an agenda item, received by a majority or more of the Agency Board less than 72 hours before the meeting, shall be available for inspection in the Community Development Department, Third Floor, 1400 Fifth Avenue, and placed with other agenda-related materials on the table in front of the Council Chamber prior to the meeting. THE PLANNING COMMISSION WILL TAKE UP NO NEW BUSINESS AFTER 11:00 P .M. AT REGULARLY SCHEDULED MEETINGS. THIS SHALL BE INTERP RETED TO MEAN THAT NO AGENDA ITEM OR OTHER BUSINESS WILL BE DISCUSSED OR ACTED UPON AFTER THE AGENDA ITEM UNDER CONSIDERATION AT 11:00 P.M. THE COMMISSION MAY SUSPEND THIS RULE TO DISCUSS AND/OR ACT UPON ANY ADDITIONAL AGENDA ITEM(S) DEEMED APPROPRIATE BY A UNANIMOUS VOTE OF THE MEMBERS PRESENT.APPEAL RIGHTS: ANY PERSON MAY FILE AN APPEAL OF THE PLANNING COMMISSIO N'S ACTION ON AGENDA ITEMS WITHIN FIVE BUSINESS DAYS (NORMALLY 5:00 P.M. ON THE FOLLOWING TUESDAY) AND WITHIN 10 CALENDAR DAYS OF AN ACTION ON A SUBDIVISION. AN APPEAL LETTER SHALL BE FILED WITH THE CITY CLERK, ALONG WITH AN APPEAL FEE OF $350 (FOR NON -APPLICANTS) OR A $4,476 DEPOSIT (FOR APPLICANTS) MADE PAYABLE TO THE CITY OF SAN RAFAEL, AND SHALL SET FORTH THE BASIS FOR APPEAL. THERE IS A $50.00 ADDITIONAL CHARGE FOR REQUEST FOR CONTINUATION OF AN APPEAL BY APPELLANT. CALL TO ORDER PLEDGE OF ALLEGIANCE RECORDING OF MEMBERS PRESENT AND ABSENT APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS PUBLIC NOTIFICATION OF MEETING PROCEDURES URGENT COMMUNICATION Anyone with an urgent communication on a topic not on the agenda may address the Commission at this time. Please notify the Community Development Director in advance. CONSENT CALENDAR 1. Minutes, 10/23/18 PUBLIC HEARING 2. 1833 and 1835 Fourth (Shell Fueling Station) – Request for and Environmental and Design Review, Use Permit, and Sign Program to demolish and rebuild the gas station; APN: 011231-24/25; West End Village (WEV) Zone; Muthana Ibrahim, Applicant; AU Energy LLC, Owner; ED17-054, SP18-005, UP17-019. Project Planner: Alan Montes DISCUSSION 3. Discussion of Housing Topics and Issues (P18-010) Project Planner: Paul Jensen DIRECTOR’S REPORT COMMISSION COMMUNICATION ADJOURNMENT I. Next Meeting: November 27, 2018 II. I, Anne Derrick, hereby certify that on Friday, November 9, 2018, I posted a notice of the November 13, 2018 Planning Commission meeting on the City of San Rafael Agenda Board. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, October 23, 2018 Regular Meeting San Rafael Planning Commission Minutes For a complete video of this meeting, go to http://www.cityofsanrafael.org/meetings CALL TO ORDER Present: Jack Robertson Berenice Davidson Sarah Loughran Jeff Schoppert Mark Lubamersky Absent: Barrett Schaefer Aldo Mercado Also Present: None PLEDGE OF ALLEGIANCE RECORDING OF MEMBERS PRESENT AND ABSENT APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS PUBLIC NOTIFICATION OF MEETING PROCEDURES URGENT COMMUNICATION CONSENT CALENDAR 1. Minutes, 10/9/18 Mark Lubamersky moved and Sarah Loughran seconded to approve Minutes as presented. The vote is as follows: AYES: Jack Robertson, Berenice Davidson, Sarah Loughran, Jeff Schoppert, Mark Lubamersky NOES: None ABSTAIN: None ABSENT: Barrett Schaefer, Aldo Mercado PUBLIC HEARINGS 2. 1005 and 1010 Northgate Dr. (Northgate Walk Residential Development) – Request for an Environmental and Design Review Permit, a Lot Line Adjustment and a Vesting Tentative Map to allow the construction of 136 units within three, 36’-tall, new residential condominium buildings on three developed or improved parcels with garage parking an d miscellaneous site improvements. The existing hotel is proposed to remain on its own parcel; APNS: 178-240-17 & -21; Office (O) District Zone (1005 Northgate Dr.) and Multifamily Residential – High Density (HR1) District Zone (1010 Northgate Dr.); Peter Stackpole for LCA Architects, Applicant; San Rafael Commercial, LLC (1005 Northgate Dr.) and San Rafael Hillcrest, LLC (1010 Northgate Dr.), Owners; Case No’s: ED16 -038; LLA16- 003 and S16-001. Project Planner: Steve Stafford Staff Report with Exhibits 1 - 4 Public Comments 1 of 2 Public Comments 2 of 2 Jack Robertson moved and Jeff Schoppert to accept comments made by the Commission and have the project proceed. The following consensus comments were made by the Commission: 1) The type of Land Use is appropriate. 2) The density/scale/bulk mass is appropriate. 3) The subdivision Layout and the set-back easement is appropriate for this site. 4) The draft categorical exempt Environmental findings are appropriate. 5) There may be underutilization of density, but the bulk massing of the building is at the limit. 6) The Architecture and design may need to be refined and be more contemporary. The vote is as follows: AYES: Jack Robertson, Berenice Davidson, Sarah Loughran, Jeff Schoppert, Mark Lubamersky NOES: None ABSTAIN: None ABSENT: Barrett Schaefer, Aldo Mercado DIRECTOR’S REPORT COMMISSION COMMUNICATION ADJOURNMENT ___________________________________ ANNE DERRICK, Administrative Assistant III APPROVED THIS_____DAY____OF_______, 2018 _____________________________________ Berenice Davidson, Chair Community Development Department – Planning Division Meeting Date: November 13, 2018 Agenda Item: Case Numbers: ED17-054/SP18-005/ UP17-019 Project Planner: Alan Montes (415)485-3397 REPORT TO PLANNING COMMISSION SUBJECT: 1833 and 1835 Fourth (Shell Fueling Station) – Request for and Environmental and Design Review, Use Permit, and Sign Program to demolish and rebuild the gas station; APN: 011- 231-24/25; West End Village (WEV) Zone; Muthana Ibrahim, Applicant; AU Energy LLC, Owner; ED17-054, SP18-005, UP17-019. EXECUTIVE SUMMARY The project proposes to demolish and rebuild the gas station with an expanded convenience store. The project proposes to provide a 24/7 gas station and convenience store with new signage and landscaping. The project includes a request for Parking Modification, to reduce the dedicated parking by one (1) parking space and to count and use the eight (8) fueling pump spaces as part of the required parking. The project requires the following approvals by the Planning Commission (Commission) with the recommendation of the Design Review Board (Board): A) An Environmental and Design Review Permit for the proposed design of the building and site; and B) An amendment to the existing Use Permit to allow the gas station to continue, C) a Parking Modification to reduce the parking requirement for the project, from eight (8) to seven (7) on-site parking spaces; and D) A Sign Program for the site. On September 18, 2018, the Board reviewed the project and unanimously recommended approval (4-0- 2) of the proposed site and building design changes, including the request for Parking Modification. While the project has the potential to conflict with the Zoning Ordinance as a gas station use is no longer permitted in the West End Village (WEV) Zoning District the project has been found to be consistent with the Zoning Ordinance as it has an existing permit which can be amended, as found by the Planning Commission on January 10, 2017. However, the Commission insisted that the new project should comply with all development standards and that as this site is located on a primary transit corridor for the City they would expect any redevelopment to be extremely high-quality design with lots of landscaping. As proposed and conditioned, the project is consistent with the applicable review criteria and meets the required findings for Environmental and Design Permits and Use Permits. (See General Plan and Zoning Ordinance Consistency discussion under the Analysis section of this report.) RECOMMENDATION It is recommended that the Planning Commission adopt the attached Resolution (Exhibit 2) approving to the Use Permit (UP17-019), the Environmental and Design Review Permit (ED17-054), and the Sign Program (SP18-005) with conditions. REPORT TO PLANNING COMMISSION - Case No: ED17-054, SP18-005, and UP17-019 Page 2 PROPERTY FACTS Address/Location: 1833 and 1835 Fourth Street Parcel Number(s): 011-231-24/25 Property Size: 14,500sf (10,000sf and 4,500sf) Neighborhood: Downtown – West End Village Site Characteristics General Plan Designation Zoning Designation Existing Land-Use Project Site: West End Village (WEV) WEV Fuel Station and Convenience Store North: WEV WEV Brewery/Office South: High Density Residential (HDR) HR1.8 Residential East: WEV WEV Restaurant West: N/A N/A Fourth Street Site Description/Setting: The site is comprised of two (2) adjacent downtown parcels, located at the junction of Fourth and Second Street. The site is a combined 14,500 sq. ft. and has an approximate cross slope of less than 2%. The site is currently used as a gas station and convenience store. The project site has commercial/office uses to the north and east. To the south across Second Street there are multi-family residential dwellings. BACKGROUND In 1972 the site obtained an Environmental and Design Review Permit for the construction of a new gas station. In 1975 the site obtained a Use Permit to add a film kiosk. Between 1975 and 1993 the gas station had several Design Reviews permits for minor site and building modifications; and, in 1992, the gas station obtained a Use Permit to sell packaged goods out of the existing building on the site. On September 16, 2016, the applicant submitted a Pre-Application to demolish the existing gas station and convenience store with a new gas station and larger convenience store. During the pre-application, it was found that the zoning had changed in the mid-2000s and that a gas station is no longer an allowable use in the WEV Zoning District. Staff found some ambiguity in the non-conforming provisions of the San Rafael Zoning Ordinance (section 14.16.270) that warranted a determination from the Commission. With Staff’s recommendation, the applicant submitted for a letter of determination to go before the Planning Commission to seek input on whether the continuation of a non-conforming use, the gas station use, could be allowed to continue even if the structures on the site are demolished and rebuilt, prior to submitting a formal application. On January 10, 2017, the item was brought before the Commission. The Commission had a very thoughtful and detailed discussion and eventually found that it made sense for the site to be a gas station, but were stuck on whether there was procedurally, the right tools for them to allow it without having to amend the General Plan or Zoning Ordinance. The Commission found that since there was an old Use Permit for the convenience store, a slight intensification would be allowed, but should comply REPORT TO PLANNING COMMISSION - Case No: ED17-054, SP18-005, and UP17-019 Page 3 with all development standards. They also made it known that this site is a key gateway site and would expect any redevelopment to be an extremely high-quality design with lots of landscaping. Video proceedings from the Planning Commission meeting can be reviewed at: https://www.cityofsanrafael.org/public-meetings/ then clicking on the Planning Commission under archived meetings, and then selecting the January 10, 2017 date. PROJECT DESCRIPTION Use: The proposed use would continue as a gas station with a convenience store. The use would maintain four (4) fuel pumps and expand the convenience store building from 300 sq. ft. to 2,284 sq. ft. of which 1,347 sq. ft. will be used for retail purposes. The remainder of the store will be used for office, bathrooms, and utility storage. Site Plan: The project proposes to construct the fueling canopy in the center of the site and the convenience store along the east property line. The landscaping improvements are going in similar locations that are currently landscaped, but with modifications to the planters. The curb cuts are proposed to be modified but will be in similar locations to the existing curb cuts. The Department of Public Works required, during the Pre-application, that the driveway on Second St. not be located directly across from West St., which the applicant has revised on the current plans. During the completeness phase of the project the applicant had added a self-serve propane tank to the site, per the Board’s recommendation during the second conceptual review. However, City staff expressed concern regarding this added feature and recommended its removal, as the propane tank eliminated a required parking space and could only fit on the site by placing it vertically, which would have created a 15’ tall structure located at the apex of the site. Architecture: The proposed one-story, 2,284 square foot building’s exterior is proposed to consist of a smooth finish cement plaster painted brown (Tamarind tart) and tan (Beachside Villa), stone paneling along the lower quarter of the building in a natural tan color (Cambria), and a concrete plaster finish for the cornice (Swiss Coffee). The single-story building will be 24’ in height and the tower will reach a maximum height of 28’. Staff would like to note that there is an error on sheet 2/5 of the sign program, prepared by USS United, which identifies the maximum building height as 23’ instead of 28’. This is an error and the building details are reflected accurately in the architectural drawings. Landscaping: The current landscape proposal reduces the existing landscaping from 2,800 sq. ft. to 2,529 sq. ft. The proposed landscaping will remove two (2) trees and grass turf areas. However, the new landscape plan will plant ten (11) new trees and provide a significant increase in new ground cover. The proposed new ground cover includes Escalonia, Indian Hawthorne, and Carolina Jessamine. The proposed new trees include Muskogee Crapes (6), Strawberry Trees (4), and a Maldenhair tree (1). ANALYSIS San Rafael General Plan 2020 Consistency: The proposal at 1833 Fourth St. is substantially compliant with General Plan 2020 and specifically, the project is consistent with the following General Plan 2020 Policies: REPORT TO PLANNING COMMISSION - Case No: ED17-054, SP18-005, and UP17-019 Page 4 Land Use Policy LU-9, Intensity of Nonresidential Development, states maximum allowable floor area ratios (FARs) are not guaranteed, particularly in environmentally sensitive areas. Intensity of commercial and industrial development on any site shall respond to the following factors: site resources and constraints, traffic and access, potentially hazardous conditions, adequacy of infrastructure, and City design policies. The proposal has been reviewed against the criteria listed above and it has been found that the proposal complies with the requirements, as the project will generate minimal new peak hour trips and the project is well within the maximum FAR. Land Use Policy LU-12, Building Heights, establishes height limits throughout the City, as well as establishing exceptions to the height limit. This project site has a height limit of 36 feet. The maximum height of the proposed structure is 28 feet. Land Use Policy LU-14, Land Use Compatibility, requires that new development in mixed residential and commercial areas to minimize potential nuisance effects and to enhance their surroundings. This project complies with this policy as the gas station will generate an insignificant number of new trips and will be conditioned to mitigate noise impacts. Community Development Policy CD-9, Transportation Corridors, encourages higher quality design for sites located within the designated transportation corridors. The Board reviewed this project on three (3) different occasions and through each review made recommendations that the applicant applied to the project. During the formal review the Board found the project to be of exceptional quality for a gas station. Community Design Policy CD-10, Nonresidential Design Guidelines, requires that new nonresidential project be reviewed against the nonresidential design guidelines. This project has been reviewed against the nonresidential design guidelines and has been found consistent by the Design Review Board. Community Design Policy CD-15, Participation in Project Review, encourages public involvement in the review of new development through the use of noticing and public hearings. This project is consistent with this policy as the project has been properly noticed and scheduled for all required hearings. Community Design Policy CD-18, Landscaping, requires that the City recognizes the contribution of landscaping. The design of the building has significantly increased the quality of landscaping by adding eleven new trees and significantly increasing the amount of ground cover. Community Design Policy CD-19, Lighting, encourages adequate site lighting for safety purposes while controlling excessive light spillover and glare. The project substantially complies with this requirement by providing the minimal amount of lighting beneath the canopy to provide a sense of safety and by having minimal amount of spillover into the right-of-way. Community Design Policy CD-20, Commercial Signage, requires that signage complies with the regulations in the Sign Ordinance. The project complies with the sign ordinance through the use of a sign program to allow flexibility in the signage requirements for gas stations. Circulation Policy C-7, Circulation Improvements Funding, requires that new projects take responsibility for new peak-hour trips generated. As the proposed project is set to increase the peak hour trips by twelve trips the project is required to pay $50,952 in traffic mitigation fees. Safety Policies S-13, Potential Hazardous Soils Conditions, and S-14, Hazardous Materials Storage, Use and Disposal. The project has submitted a Historical Summary and Site Management Plan, Exhibit 4, which identifies residual concentrations of petroleum hydrocarbons in both the soil and groundwater for the site. The project is required to work with the Certified Unified Program Agency (CUPA) to work on the REPORT TO PLANNING COMMISSION - Case No: ED17-054, SP18-005, and UP17-019 Page 5 remediation and clean-up of the site. Additionally, the project is required to comply with CUPA requirements. Noise Policy N-3, Planning and Design of New Development, encourages new development to be planned and designed to minimize noise impacts. This project has been conditioned to prohibit the use of exterior amplified sound and audio advertising on the site. Air and Water Quality Policy AW-7, Local, State and Federal Standards, requires the project to comply with the City’s Stormwater Pollution Prevention standards (MCSTOPPP). The proposed plan is designed to be consistent with the stormwater pollution standards by treating stormwater runoff on-site in the bio- retention facilities. Zoning Ordinance Consistency: Chapter 14.05 – Commercial and Office Districts Use Gasoline stations are prohibited in the WEV district. However, the existing gasoline station has an existing use permit, which the Planning Commission has found to be acceptable to be amended to allow the continuation of the use. Thus, allowing the continuation of the gasoline station use. This will be further discussed in the section 14.16.270, below. Height The site is subject to a 36’ height limit pursuant to San Rafael Municipal Code (SRMC) Section 14.05.032. The project proposes a maximum height of 28 feet, for the tower element, and 24 feet for the rest of the building. The canopy proposes a maximum height of 20 feet. Lot Coverage There is no maximum lot coverage in the WEV Zoning District. Landscaping There are no required landscaping minimums for this property. The project proposes to reduce the existing landscaping from 2,800 sq. ft. to 2,529 sq. ft. The proposed landscaping will remove two (2) trees and grass turf areas. However, the new landscape plan will plant ten (11) new trees and provide a significant increase in new ground cover. The proposed new ground cover includes Escalonia, Indian Hawthorne, and Carolina Jessamine. The proposed new trees include Muskogee Crapes (6), Strawberry Trees (4), and a Maldenhair tree (1). Chapter 14.16 – Site and Use Regulations Fuel and Service Stations Section 14.16.160 (Fuel and service stations) requires that the City review fuel and service stations for compatibility with surrounding uses to protect the public health, safety and welfare by assuring adequat e numbers of fuel and service stations which afford equal access to the public. This section requires a use permit for new or substantially remodeled fueling stations. The City is requiring an amendment to the existing fueling station use permit. Through the review process it has been determined that the use is compatible with the existing and future uses and that the project will afford equal access to the public by complying with ADA regulations and bring the facility up to current codes. Hazardous Soils Conditions Section 14.16.180 (Hazardous soils conditions) requires lots which have been used for auto services to be evaluated for the presence of toxic or hazardous materials prior to development approvals. The REPORT TO PLANNING COMMISSION - Case No: ED17-054, SP18-005, and UP17-019 Page 6 applicant has submitted a Historical Summary and Site Management Plan, prepared by Bureau Veritas, which includes a hazardous waste investigation report and proposed site mitigations. Light and Glare Section 14.16.227 (Light and glare) requires that colors, materials and lighting shall be designed to avoid creating undue off-site light and glare impacts and that the foot-candle intensity of lighting should be the minimum amount necessary to provide a sense of security at building entryways, walkways and parking lots. In general terms, acceptable lighting levels would provide one (1) foot-candle ground level overlap at doorways, one-half (½) foot-candle overlap at walkways and parking lots and fall below one (1) foot- candle at the property line. The applicant has proposed a Photometric study identifying the lighting levels. The proposed levels are slightly higher than recommended in the code. The average foot candle of 2.86-foot candles for the site and an average of 13.84-foot candles directly under the canopy. However, the Board has found the proposed lighting levels appropriate, given the use. Additionally, during the second Design Review Board meeting the Board made it clear that all the lighting under the canopy shall be recessed. The applicant has modified the design to meet this recommendation and staff has added a condition of approval requiring the canopy lights to be recessed. Lot Consolidation when Development Occurs Section 14.16.230 (Lot consolidation when development occurs) requires projects developed over more than one adjoining lot and under common ownership to be merged prior to the issuance of a building permit. This project has been conditioned to require the applicant to merge the lots pri or to the issuance of a building permit. Mechanical equipment Screening Section 14.16.243 (Mechanical equipment screening) requires equipment placed on the rooftop of a building or in an exterior yard area shall be adequately screened from public view. The project currently proposes to screen the rooftop equipment using the parapet and the ground mounted equipment will be screened in the proposed electrical box, located along the south elevation of the building. Nonconforming Structures and Uses Section 14.16.270 (Nonconforming structures and uses) regulates legal nonconforming (grandfathered) uses and structures. In this case the existing gas station use is a legal nonconforming use and the following applicable regulations apply to the use: 1) All use permits which were valid at the time the ordinance codified in this title went into effect shall be valid and remain in force and effect for the terms and subject to the conditions contained therein. 2) A nonconforming use shall not be permitted to increase in intensity of operation. An increase in intensity shall include, but not be limited to, extended hours of operation, substantial remodeling or an increase in number of seats or service area for bars and restaurants. During Pre-Application review, staff recommended bringing the item before the Planning Commission to make a policy determination as to whether to allow the tear down and reconstruction of the gas station. The two regulations listed above were the confliction staff noticed in the Pre-Application and sought the Commissions opinion on the item. At the Commission meeting, held on January 10, 2017, it was determined that the use could be torn down and rebuilt as it has an existing use permit and the fueling station will not increase in intensity (no increase in the number of pumps) and that a convenience store is a permitted use in the WEV. The Commission provided their support for the tear down and reconstruction of the nonconforming use; given the condition that it be an “outstanding” design and that the project complies with all standards. During the Board meeting on September 18, 2018, the Board found the REPORT TO PLANNING COMMISSION - Case No: ED17-054, SP18-005, and UP17-019 Page 7 design exceptional for a gas station, but was conflicted as to whether this is an outstanding in the broader sense of architecture. Chapter 14.18 – Parking Standards Parking Requirements Section 14.18.040 (Parking Requirements) requires this project to provide eight (8) parking spaces, based on the following: ● Three (3) parking spaces for the gas station and an additional one (1) parking space for every 250 square feet of gross retail area. The proposed retail area of the proposed convenience store is 1,347 sq. ft. and is thus required to provide five (5) parking spaces for the minimart and an addition three (3) parking spaces for the fueling station, for a total of eight (8) parking spaces. The remaining 937 sq. ft. of the convenience store is proposed to be used as utility storage, office and bathrooms and is not required to be parked unless it is to be used for storage of retail goods. The project proposes a total of seven (7) dedicated parking spaces and eight (8) fueling pumps, with associated parking, which can also be used for general parking for the site. Parking Modification The project requests a Parking Modification, through the Use Permit application submittal, to reduce the parking requirement by one (1) parking space, from eight (8) to seven (7) on-site parking spaces and for the fueling spaces to count as parking for the convenience store. The project supported this request with a traffic and parking study (TJKM, dated May 02, 2018; attached as Exhibit 5), which anticipates peak parking demand of six (6) parking spaces based on a proposed eight (8) pump fueling station and a 2,284 sq. ft. mini-mart. All requests for Parking Modification require the review and recommendation of both the Community Development Director and the City Engineer, and the approval of the Planning Commission. The Community Development Director, through Planning staff, and the City Engineer support this request for Parking Modification, concurring with the analysis and findings in the submitted traffic and parking study. Parking Standards The project complies with the following applicable parking standards: ● Designated parking for clean air vehicles; ● Off-street loading/unloading; ● Reduced Downtown parking space dimensions (8.5’ x 18’); ● Allowable percentage of compact parking spaces (30% max.); ● Minimum drive aisle width (26’); ● Minimum 2-way driveway width (24’). ● Parking lot screening and landscaping Chapter 14.19 – Signs The project proposes a total of fourteen (14) signs. Two (2) signs on the main building, two (2) logo signs on the canopy, one (1) new monument sign, maintain the existing monument sign (1) and ancillary signage on the fuel pumps. The total square footage for all the signage is 127.5 sq. ft. The maximum number of signs allowed for the property is three (3) signs per frontage with a maximum square footage of one (1) square foot for each linear foot of building width per frontage. This site is somewhat unique as it is surrounded by roadway on three (3) sides and would be allowed a maximum of nine (9) signs. As the project proposes ancillary signage on the fuel pumps, the new site signage is inconsistent with the allowable signage under the City’s sign standards for the site. However, the project requests a new Sign Program, which can allow some flexibility for uses which have unique signage requirements, such REPORT TO PLANNING COMMISSION - Case No: ED17-054, SP18-005, and UP17-019 Page 8 as gas stations. Staff finds the proposed new site signage is similar with other service station uses in the immediate area and throughout the City. However, the other facilities typically maintain the primary signage (excluding ancillary signage on the fuel pumps) to a maximum of 100 sq. ft. or less of total combined sign area. The Board found that the amount of signage for this fueling station appropriate. Chapter 14.22 – Use Permits As discussed earlier in the report, the proposed service station and mini-mart with a parking modification requires a use permit approved by the Planning Commission. To approve the Use Permit, the Commission will be required to make findings consistent with Section 14.22.080. Chapter 14.25 – Environmental and Design Review The project requires Environmental and Design Review Permit approval by the Commission The proposed project requires consistency with the applicable review criteria for Environmental and Design Review Permits, pursuant to Section 14.25.050 (Review Criteria; Environmental and Design Review Permits). Those review criteria applicable to the project are identif ied below: Site Design The project site has a challenging location and shape, in that it’s located between two (2) busy streets (4th and 2nd) and is a triangular shaped lot. These factors provide significant constraints which the applicant has taken into account and worked to provide a safe and accessible project. The project proposes four (4) curb cuts to allow for a smooth flow of vehicles entering and exiting the site. The project originally proposed to align the south-east curb cut with West St., which the Department Public Works (DPW) prohibited. As DPW did not want vehicles attempting to cross 2nd St. to enter the facility, due to safety concerns. Architecture The applicant submitted two (2) conceptual reviews as the Board was very critical of the or iginal design and requested the applicant revise the style to provide a greater sense of entry and for the building to provide three-dimensional architecture. The applicant listened to the Board’s comments and added the tower element and arcade to provide a greater sense of pedestrian entry along 4th street. The project also made sure to expand the architectural features around the entire building. These features involve the cornices, stone wainscoting, and adding the climbing vines along the rear of the building. Materials and Colors The project is proposing to use a combination of smooth plaster and stone wainscoting for the façade materials, which are familiar materials found throughout the West End Village. The color palette utilizes earthtone colors, such as shades of white, beige and brown. These materials are consistent with the review criteria and with other building is the West End. Exterior Lighting The project proposes shielded lighting which are either recessed or pointed towards the building and should not provide any glare, hazard or nuisance to the adjacent neighbors. The lighting plan substantially complies with the lighting ordinance and has been supported by the Board. However, an item that has not been addressed is the Kelvin value of the lights. Staff has added a condition that encourages the applicant to use lighting in the 2000-3000 degrees of kelvin range. This degree of lighting will produce a warm orange/yellow light and add a fitting ambiance to the West End Village. DESIGN REVIEW BOARD RECOMMENDATION On February 22, 2017, the project was brought before the Design Review Board for Conceptual Design Review. During the meeting, the Board had stated the design was not high-quality, the colors were too dark, the trash enclosure should not be located along the 4th St. frontage, and that the landscaping should be increased. The applicant revised the proposal by lightening the colors of the building, increasing the REPORT TO PLANNING COMMISSION - Case No: ED17-054, SP18-005, and UP17-019 Page 9 landscaping from the prior submittal, moved the tower element to the 4th St. Frontage, and relocated the trash enclosure closer to 2nd St. frontage. On June 6, 2017, the revised project was brought before the Design Review Board for a second Conceptual Design Review. During the meeting the Board insisted that there be no digital advertising above the fuel pumps, there should be landscaping next to the fueling islands, which should be drip irrigated, no digital price ID signs, the lighting fixtures shall be entirely recessed within the canopy, that the applicant consider retaining the propane service, and that the Boston Ivy was too vigorous of a species to grow along the rear. All the items brought up have been addressed or researched by the applicant. On September 18, 2018 the project was brought before the Design Review Board for formal review. During the meeting the Board found the project to be high quality design and requested one small modification, to add a stone façade to the monument sign. However, the Board grappled with what the Planning Commission intended by “outstanding design”. The Board questioned whether the Commission meant outstanding design for a service station or did they mean outstanding design for any development in San Rafael. The Board had difficulty since every service station will have a fuel canopy which makes it difficult to measure against buildings that do not require a fuel canopy. Unanimously, the Board supported the project design, 4-0-2 vote (Board Members Kent and Paul were absent), determining that the project was well-designed. The City no longer prepares written meeting minutes, but actual video proceedings from the DRB meeting can be reviewed at: https://www.cityofsanrafael.org/public-meetings/ then clicking on the DRB under archived meetings, and then selecting the February 22, 2017, June 6, 2017 and September 18, 2018 dates. ENVIRONMENTAL DETERMINATION The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15302 of the CEQA Guidelines which exempts replacement or reconstruction of existing structures on the site. The project proposes to demolition the existing fueling station and convenience store and replace it with a new fueling station with the same number of pumps and a new convenience store. CORRESPONDENCE Notice of this meeting was mailed to residents and occupants within 300 feet of the site a minimum of 15 days prior to the Board meeting. In addition, notice of this hearing was posted at the site, along both the Fourth St. and Second St. elevations, a minimum of 15 days prior to the Board meeting. At the time of printing this Staff Report, no comments were received because of this noticing. OPTIONS The Planning Commission has the following options: 1. Approve the applicants as presented (Staff Recommendation) 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 and direct staff to return with a revised resolution at the next meeting EXHIBITS REPORT TO PLANNING COMMISSION - Case No: ED17-054, SP18-005, and UP17-019 Page 10 1. Vicinity Map 2. Draft Resolution 3. Letter from Applicant 4. Historical Summary and Site Management Plan (The Appendices have been omitted from the report, due to size, and that they have summarized in the provided report) 5. Traffic and Parking Study, prepared by TJKM 6. Reduced Plans (8.5x11) Full-size sets of plans have been provided to the Planning Commission only. Exhibit 1: Vicinity Map RESOLUTION NO. 18-XX RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED17-054), USE PERMIT AMENDMENT (UP17-019) AND SIGN PROGRAM (SP18-005) FOR THE RECONSTRUCTION OF A LEGAL NONCONFORMING GAS STATION AND CONVENIENCE STORE LOCATED AT 1833 FOURTH ST. APN: 011-231-24/25 WHEREAS, on September 9, 2016, the applicant, Muthana Ibrahim, submitted a Pre- Application to the City of San Rafael to demolish and rebuild a gas station and convenience store at 1833 Fourth St. in the West End Village (WEV) District; and WHEREAS, on October 18, 2016, the City of San Rafael Planning Division informed the Applicant that the use was legal nonconforming and would typically not be allowed to be rebuilt. However, as the use has an existing use permit it may possible to continue the use through an amendment to the Use Permit and that this determination will need to be made by the Planning Commission; and WHEREAS, on January 10, 2017, the City of San Rafael Planning Commission provided a determination on whether the legal nonconforming use would be allowed to be continued. The Commission found that since there was a Use Permit for the convenience store, a slight intensification would be allowed, but should comply with all development standards. They also made it known that this site is a key gateway site and would expect any redevelopment to be an extremely high-quality design with lots of landscaping; and WHEREAS, on July 11, 2017, the Applicant submitted a formal application for a Use Permit and Environmental and Design Review to the City of San Rafael; and WHEREAS, on July 19, 2018, the Applicant submitted for a Sign Program and the project was deemed complete and ready for formal review; and WHEREAS, on September 18, 2018, the City of San Rafael Design Review Board reviewed the project and on a vote of 4-0-2 recommended approval; and WHEREAS, upon review of the application, the project has been determined to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Guidelines which exempts replacement or reconstruction of existing structures on the site; and WHEREAS, on November 13, 2018, the San Rafael Planning Commission held a duly noticed public hearing on the proposed Use Permit and Environmental and Design Review Permit, and Sign Program (UP17-019, ED17-054 and SP18-005), accepting all oral and written public testimony and the written report of the Community Development Department staff. Exhibit 2 2 NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following findings relating to the Use Permit and Environmental and Design Review Permit, and Sign Program (UP17-019, ED17-054 and SP18-005): Use Permit Findings (UP17-019) A. The project would be consistent with the General Plan 2020 given that the proposed project would be consistent with Land Use Policies LU-9 (Intensity of Nonresidential Development) LU-12 (Building Heights), LU-14 (Land Use Compatibility); Community Design Policies CD-9 (Transportation Corridors), CD-10 (Nonresidential Design Guidelines), CD-15 (Participation in Project Review), CD-18 (Landscaping), CD-19 (Lighting) and CD-20 (Commercial Signage); Circulation Policy C-7 (Circulation Improvements Funding); Safety Policies S-13 (Potential Hazardous Soils Conditions), and S-14 (Hazardous Materials Storage); Noise Policy N-3 (Planning and Design of New Development); and Air and Water Quality Policy AW-7 (Local, State and Federal Standards), in that: a. The proposal will comply with Policies LU-9, LU-12, and LU-14, given that the proposal is within the maximum F.A.R. and complies with the development standards, including height limits. The project is a compatible land use as the use has already been operating for 36-years and has been strongly supported by residents and business owners. b. The proposal complies with Policies CD-9, CD-10, CD-15, CD-18, CD-19 and CD-20 in that the project has been held to a higher level of design standard, as it’s located on a transportation corridor. The project has been reviewed by the DRB against the nonresidential design guidelines on three (3) separate occasions and has received a recommendation from the Board. The project has been properly noticed and scheduled for all required hearings. The project complies with the landscape requirements and has modified the landscaping as the Board has recommended. The lighting levels have been reduced to provide the minimal amount of lighting to provide a sense of safety and to minimize spillover. The project complies with the sign ordinance through the use of a sign program to allow flexibility in the signage requirements for gas stations. c. The proposal complies with Circulation Policy C-9 as the project is required to pay a $50,952 traffic mitigation fee, as the project will increase the peak hour trips by twelve (12) peak hour trips. d. The proposal complies with Safety Policies S-13, Potential Hazardous Soils Conditions, and S-14, Hazardous Materials Storage, Use and Disposal. The project has submitted a Historical Summary and Site Management Plan, which identifies residual concentrations of petroleum hydrocarbons in both the soil and groundwater for the site. The project is required to work with the Certified Unified Program Agency (CUPA) to work on the remediation and clean-up of the site. Additionally, the project is required to comply with CUPA requirements. e. The proposal complies with Noise Policy N-3, Planning and Design of New Development, encourages new development to be planned and designed to 3 minimize noise impacts. This project has been conditioned to prohibit the use of exterior amplified sound and audio advertising on the site. f. The proposal complies with Air and Water Quality Policy AW-7 (Local, State and Federal Standards), as the proposal is designed to be consistent with the stormwater pollution standards by treating stormwater runoff on-site in the bio- retention facilities. B. The proposed gas station and convenience store 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 in that: a. The proposed use will generate minimal noise, traffic, and the facility will be brought up to current health and safety codes; and b. The reviewing City Departments have reviewed the project, monitored the project site, and developed conditions of approval that would ensure that the use would operate in a manner as described and comply with all life and safety code requirements. c. The hazardous waste report recommendations have been incoporated as conditions of approval. C. That the proposed gas station and convenience store use has been found to comply with each of the applicable provisions of the zoning ordinance, in that: a. That the proposed use, a gas station and convenience store, is in accord with the General Plan, the objectives of the Zoning Ordinance; and b. The proposed gas station use is not permitted in the WEV district. However, the Planning Commission found on January 10, 2017 that the existing gas station use had a Use Permit which can be amended to allow the continuation of the legal nonconforming use, with the Planning Commission’s support. c. The gas station and convenience store, as conditioned, would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Environmental and Design Review Findings (ED17-054) A. The project design is in accord with the General Plan, the objectives of the Zoning Ordinance, the non-residential design guidelines, and the purposes of Zoning Code Chapter 25 given that the project has been reviewed by the Design Review Board and Planning Commission for compliance with the design criteria contained Chapter 25 of the Zoning Ordinance to ensure that the design is compatible with the neighborhood and surrounding environs, as required by the General Plan Land Use Element. B. As conditioned, the project design minimizes adverse environmental impacts by proposing development of a level site that is surrounded by urban development on all sides, with public utilities and services readily available, the required setbacks and 4 landscaping are incorporated into the project, lighting fixtures are shielded and directed down, and new development is subject to building permits that will ensure the building is constructed in compliance with all applicable codes and regulations. C. 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 given that the site development complies with the WEV District requirements and has been reviewed and recommended for approval by the Design Review Board. 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, as the project has been reviewed by the appropriate agencies and conditioned accordingly. E. The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15302 (Class 2) of the CEQA Guidelines which exempts replacement or reconstruction of existing structures on the site. The project proposes to demolition the existing fueling station and convenience store and replace it with a new fueling station with the same number of pumps and a new convenience store. Sign Program Findings (SP18-005) A. All the signs contained in the program have common design elements such as colors, architecture, materials, letter type, in that the signs will have the Shell Corporate branding colors and the freestanding signs will incorporate stone veneers along the bases. B. The Design Review Board has reviewed the sign program and have found that the program is in harmony and scale with the materials, architecture, and other design features of the buildings and property improvements they identify, and the program is consistent with the general design standards specified in Section 14.19.054. C. The amount and placement of signage contained in the program has been reviewed by the Design Review Board and has been found to be appropriate in scale with the subject property and improvements, as well as the immediately surrounding area. BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Rafael approves the Use Permit and Environmental and Design Review Permit subject to the following conditions: 5 Use Permit Conditions of Approval (UP17-019) Community Development Department, Planning Division 1. The Use Permit Amendment (UP17-019) for this project is valid for two (2) years, until November 13, 2020, at which time the permit shall expire unless initiated by issuance of a building permit or an extension of time is requested prior to the expiration date. 2. This Use Permit (UP17-019) shall run with the land. This Use Permit shall become null and void unless an initiation of use or occupancy occurs, or a time extension is granted within two (2) years from the date of approval, or until November 13, 2020. 3. This Use Permit Amendment to UP92-39 allows of the continuation of a 24-hour gas station with eight pumps, a convenience store alcohol sales, but no food or beverage preparation, and a parking modification to reduce the dedicated parking from eight (8) parking spaces down to seven (7) parking spaces and to count the eight (8) fueling station parking spaces to function as general parking for the site. 4. The fueling spaces shall available to all customers as parking spaces to access the convenience store or other services offered on the site. 5. No more than 1,347 sq. ft. of the convenience store shall be used for the storage or sale of retail goods. 6. A full-time attendant shall be available for full service at the pump station. The applicant shall install a sign and method for signaling an attendant to provide fueling assistance to the elderly, handicapped and others requesting assistance. 7. Fuel tank re-fueling shall be scheduled during the off-peak traffic hours, 06:00-09:00 in the morning and 15:00-18:00 in the afternoon. 8. The Use Permit is contingent upon and subject to all conditions of approval applicable to ED17-054. 9. There shall be no outdoor storage of materials or equipment, with the exception of a propane exchange tank. No additional kiosks or sales material may be allowed, without amending this Use Permit. 10. Failure to comply with any project conditions of approval may result in the revocation of the Use Permit. The San Rafael Planning Division can bring up this Use Permit (UP17-019) for review if problems arise from the use. 6 Environmental and Design Review Conditions of Approval (ED17-054) Community Development Department, Planning Division 1. The building techniques, colors, materials, elevations and appearance of the project, as presented to the Planning Commission on November 13, 2018 hearing and on file with the Community Development Department, Planning Division, shall be the same as required for issuance of all grading and/or building permits for the project, subject to these conditions. Minor modifications of revisions to the project shall be subject to review and approval of the Community Development Department, Planning Division. Further modifications deemed not minor by the Community Development Director shall require review and approval by the original decision-making body, the Planning Commission, and may require review and recommendation by the City’s Design Review Board. 2. Minor modifications or revisions to the approved design of the exterior of the structure and site approved by this project shall be subject to review and approval of the Community Development Department, Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the original decision-making body, Planning Commission, and the City’s Design Review Board, if necessary. 3. Any design modifications shall be submitted in writing to the San Rafael Planning Division and shall outline the modification and the reason for the modification. 4. All site improvements, including but not limited to, the site lighting, fencing, landscape islands, paving and striping shall be maintained in good, undamaged condition at all times. Any damaged improvements shall be replaced in a timely manner. 5. The site shall be kept free of litter and garbage. Any trash, junk or damaged materials that are accumulated on the site shall be removed and disposed of in a timely manner. The applicant shall institute a program to provide regular cleanup of the parking lot, landscaped areas and sidewalk in front of the store, as well as all other areas immediately around the new structure. 6. The project shall comply with all applicable mitigation measures recommended in the Historical Summary and Site Management Plan prepared by Bureau Veritas and dated September 6, 2017. 7. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. Any dying or dead landscaping shall be replaced in a timely fashion with new healthy stock of a size compatible with the remainder of the growth at the time of replacement. 8. The operator shall remove all graffiti from the building or site in a timely manner. 9. All new exterior lighting shall be shielded down to avoid spillover onto adjacent properties or public streets. 10. The canopy lights shall be recessed and flush mounted to the canopy. 11. The Kelvin value of the exterior lights should be between 2,000 and 3,000 degrees Kelvin and have an average foot candles of 2.86-foot candles for the site and an average of 13.84- foot candles under the canopy. 7 12. All new lighting shall be subject to a 90-day post installation inspection to allow for adjustment and assure compliance with Section 14.16.227 of the San Rafael Municipal Code. 13. Amplified exterior noise (music, advertising, etc.) shall be prohibited, except for health safety purposes. 14. Digital advertising on the fuel pumps is prohibited. 15. All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances not entirely enclosed within the structure (on side of building or roof) shall be screened from public view. The method used to accomplish the screening shall be indicated on the building plans and approved by the Planning Division prior to issuance of a building permit. 16. Prior to issuance of a building permit, the applicant is to comply with conditions of the Marin Municipal Water District for the landscaping improvements. 17. Construction activities shall comply with City’s Noise Ordinance (San Rafael Municipal Code Section 8.13), which allows construction to occur between 07:00 – 18:00 Monday-Friday and from 09:00 – 18:00 on Saturdays. Construction on Sundays and holidays is prohibited. 18. A copy of this approval document shall be included in the Building Permit Plans. 19. If, during the course of construction, cultural, archaeological or paleontological resources are uncovered at the site (surface or subsurface resources) work shall be halted immediately within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional archaeologist. The City of San Rafael Planning Division and a qualified archaeologist (i.e., an archaeologist registered with the Society of Professional Archaeologists) shall be immediately contacted by the responsible individual present on-site. When contacted, the project planner and the archaeologist shall immediately visit the site to determine the extent of the resources and to develop proper mitigation measures required for the discovery. Community Development Department, Building Division 20. The design and construction of all site alterations shall comply with the 2016 California Residential Code, 2016 California Building Code, 2016 Plumbing Code, 2016 Electrical Code, 2016 California Mechanical Code, 2016 California Fire Code, 2016 California Energy Code, 2008 Title 24 California Energy Efficiency Standards, 2016 California Green Building Standards Code and City of San Rafael Ordinances and Amendments. 21. A building permit is required for the proposed work. Applications shall be accompanied by four (4) complete sets of construction drawings to include: a. Architectural plans b. Structural plans c. Electrical plans d. Plumbing plans e. Mechanical plans f. Site/civil plans (clearly identifying grade plane and height of the building) 8 g. Structural Calculations h. Truss Calculations i. Soils reports j. Green Building documentation k. Title-24 energy documentation 22. Each building must have address identification placed in a position that is plainly legible and visible from the street or road fronting the property. Numbers painted on the curb do not satisfy this requirement. In new construction and substantial remodels, the address must be internally or externally illuminated and remain illuminated at all hours of darkness. Numbers must be a minimum 4 inches in height with ½ inch stroke for residential occupancies and a minimum 6 23. The address for structures is determined by the Chief Building Official. The address of the existing primary dwelling unit on this parcel is 1833 Fourth Street. Each page of the plan’s title block and all permit application documents must show the proposed building’s address identification information. 24. Any demolition of existing structures will require a permit. Submittal shall include three (3) copies of the site plan, asbestos certification and PG&E disconnect notices. Also, application must be made to the Bay Area Air Quality Management District prior to obtaining the permit and beginning work. 25. School fees will be required for the project. Calculations are done by the San Rafael City Schools, and those fees are paid directly to them prior to issuance of the building permit. 26. If on-site streets are privately owned, certain on-site improvements such as retaining walls, street light standards, and private sewer system will require plan review and permits from the Building Division. 27. With regard to any grading or site remediation, soils export, import and placement; provide a detailed soils report prepared by a qualified engineer to address these procedures. In particular the report should address the import and placement and compaction of soils at future building pad locations and should be based on an assumed foundation design. This information should be provided to Building Division and Department of Public Works for review and comments prior to any such activities taking place. A grading permit may be required for the above-mentioned work. 28. Prior to building permit issuance for the construction of each building, geotechnical and civil pad certifications are to be submitted. 29. Monument sign(s) located at the driveway entrance(s) shall have address numbers posted prominently on the monument sign. 9 30. In accordance with California Plumbing Code section 412, separate toilet facilities shall be provided for each sex, except: In business and mercantile occupancies with a gross floor area of 1,500 square feet or less 1 toilet facility designed for use by no more than one person at a time shall satisfy the requirements for serving customers and employees of both sexes. 31. Facilities in mercantile and business occupancies, toilet facility requirements for customers and employees shall be permitted to be met with a single set of restrooms accessible to both groups. The required number of fixtures shall be the greater of the required number for employees or the required number for customers. Fixtures for customer use shall be permitted to be met by providing a centrally located toilet facility within a max distance not to exceed 500 feet. In stores with a floor area of 150 square feet or less the requirement to provide facilities for employees shall be permitted to be met by providing a centrally located toilet facility within a max distance not to exceed 300 feet. 32. The site development of items such as common sidewalks, parking areas, stairs, ramps, common facilities, etc. are subject to compliance with the accessibility standards contained in Title-24, California Code of Regulations. Pedestrian access provisions should provide a minimum 48" wide unobstructed paved surface to and along all accessible routes. Items such as signs, meter pedestals, light standards, trash receptacles, etc., shall not encroach on this 4' minimum width. Also, note that sidewalk slopes and side slopes shall not exceed published minimums per California Title 24, Part 2. The civil, grading and landscape plans shall address these requirements to the extent possible. 33. At least one disabled parking space must be van accessible; 9 feet wide parking space and 8 feet wide off- load area. Additionally, one in every eight required handicap spaces must be van accessible. 34. This project is subject to the City of San Rafael Green Building Ordinance. 35. Review and approval by the Marin County Health Department may be required prior to submittal for building permit plan review. Department of Public Works 36. The site is currently listed as two separate parcels. The proposed improvements are located across both parcels, the parcels shall be merged prior to issuance of a Building Permit. 37. The proposed risers shall be located away from the roadway and protected. Additionally, we recommend locating these structures where it is less visible to the public. 38. Utility boxes are shown in the driveway apron. Based on the frequency of heavy fuel delivery vehicles, we recommend relocation of the utility boxes. 39. Both Second Street and Fourth Street are moratorium streets and require full width resurfacing, if any encroachments are made within the street width. 10 40. Provide details on operation of the leak containment within the storm drainage system on the building permit plans. 41. This project proposes over 5,000 square feet of impervious surface and is a regulated project under the MCSTOPPP requirements. Site design and reporting requirements have been provided. Prior to occupancy stormwater facilities maintenance agreement shall be required. 42. This site is a closed LUST cleanup site. The applicant shall coordinate with the Regional Water Quality Control Board as required. Prior to issuance of any permit for construction provide confirmation from the Regional Water Quality Control Board that they have been notified of the proposed modifications Dewatering during excavation shall require testing and treatment. 43. A grading permit is required from the Department of Public Works, located at 111 Morphew Street Prior to issuance of a permit, provide a copy of the CUPA permit if required for modification of the fuel storage and delivery system Provide an erosion control plan, showing the location of best management practices (BMPs) and where staging will occur onsite The following comments are provided for informational purposes. 44. Prior to any work within the Right-of-Way, an encroachment permit shall be required from the Department of Public Works, located at 111 Morphew Street. More information is available on the City's website http://www.cityofsanrafael.org/pubworks-hr-enc/. Please note that both Second Street and Fourth Street are moratorium streets and require full width resurfacing, if any encroachments are made within the street width. 45. Based on the information provided, a proposed increase from a 305 SF building to 2.284 SF, revised from the previously proposed 2,700 SF. Based on this, the traffic mitigation foe is calculated as $50,952 ($4,246 x 12) for 5 AM and 7 PM trips, due at the time of building permit issuance. 46. A construction impact fee for street resurfacing shall be required based on 1% of the assessed valuation levied on all building permits and inspections; the first $10,000 of valuation is exempt. Fire Prevention Bureau 47. The design and construction of all site alterations shall comply with the 2016 California Fire Code, specifically Chapter 23 and City of San Rafael Ordinances and Amendments. 48. Deferred Submittals for the following fire protection systems shall be submitted to the Fire Prevention Bureau for approval and permitting prior to installation of the systems: a. Fire Sprinkler plans (Deferred Submittal to the Fire Prevention Bureau) b. Fire Underground plans (Deferred Submittal to the Fire Prevention Bureau) c. Fire Alarm plans (Deferred Submittal to the Fire Prevention Bureau) 11 49. A fire apparatus access plan shall be prepared for this project. Fire apparatus plan shall show the location the following: a. Red curbs and no parking fire lane signs. b. Fire Department Connection (FDC). c. Double detector check valve. d. Street address sign. e. Recessed Knox Box f. Fire Alarm annunciator panel. g. NFPA 704 placards. 50. A Knox Box is required at the primary point of first response to the building. A recessed mounted Knox Box # 3275 Series is required for this project; the Knox Box shall be clearly visible upon approach to the main entrance from the fire lane. Note the Knox Box must be installed from 72” to 78” above finish grade; show the location on the plans. 51. Fire lanes must be designated; painted red with contrasting white lettering stating “No Parking Fire Lane” A sign shall be posted in accordance with the CFC Section 503.3. 52. Hazardous Materials Placard shall be installed in accordance with NFPA 704. 53. Provide a Hazardous Materials Management Plan to be submitted to Marin County Department of Public Works, CUPA 54. Contact the Marin Municipal Water District (MMWD) to make arrangements for the water supply serving the fire protection system. Marin Municipal Water District (MMWD) 55. Complete a High Pressure Water Service Application. 56. Submit a copy of the building permit. 57. Pay appropriate fees and charges. 58. Complete the structure's foundation within 120 days of the date of application 59. Comply with the District's rules and regulations in effect at the time service is requested Comply with all indoor and outdoor requirements of District Code Title 13-Water Conservation. Plans shall be submitted and reviewed to confirm compliance. The following are required: a. Verification of indoor fixtures compliance b. Landscape plan Irrigation plan c. Grading plan 12 Any questions regarding District Code Title 13 Water Conservation should be directed to Water Conservation Department at (415) 945-1497. You can also find information about the District's water conservation requirements online at www.marinwater.org 60. Comply with the backflow prevention requirements, if upon the District's review backflow protection is warranted, including installation, testing and maintenance. Questions regarding backflow requirements should be directed to the Backflow Prevention Program Coordinator at (415)945-1558. 61. Comply with Ordinance No. 429 requires the installation of gray water recycling systems when practicable for all projects required to install new water service and existing structures undergoing substantial remodel" that necessitates an enlarged water service. San Rafael Sanitation District (SRSD) 62. There will be additional sewer fees if additional plumbing fixtures are added. Please submit architectural plans and plumbing plans for our review. Provide information on the existing fixture count to receive proper credit. 63. We have seen many sewer laterals throughout the City of San Rafael that require repair or replacement; therefore, we do recommend televising the existing sewer lateral to assess any potential deficiencies that may compromise the pipe. 64. If the bins in the trash enclosure include wet garbage/food products, a drainage inlet shall connect to the sewer lateral. Also, a roof shall be constructed over the trash enclosure to prevent infiltration into the sanitation system. Sign Program Conditions of Approval (SP18-005) 1. The building techniques, colors, materials, elevations and appearance of the project, as presented to the Planning Commission on November 13, 2018 hearing and on file with the Community Development Department, Planning Division, shall be the same as required for issuance of all grading and/or building permits for the project, subject to these conditions. Minor modifications of revisions to the project shall be subject to review and approval of the Community Development Department, Planning Division. Further modifications deemed not minor by the Community Development Director shall require review and approval by the original decision-making body, the Planning Commission, and may require review and recommendation by the City’s Design Review Board. 2. Prior to the installation of new signs approved under this Sign Program, all existing permanent signs on the building shall be removed and the wall on which those existing signs were mounted shall be repaired, cleaned, patched and repainted as necessary to return that building elevation to a condition that existed before any signs were installed. 3. This Sign Program (SR18-005) shall run with the land and shall remain valid regardless of any change of ownership of the project site, subject to these conditions. Failure to comply 13 with the approved project and/or conditions of approval may result in revocation of the Sign Program. 4. LED based price ID signs are prohibited. 5. The Sign Program approves 127.5 square feet of total sign area for the site, subject to the conditions and limitations herein, as follows: a. Freestanding Monument Sign (Apex of Site) – One, internally-illuminated, freestanding monument-type sign located within an existing landscape planter at the apex of the site, where Second and Fourth Street meet. The maximum height shall be 6’ above finished grade of the landscape planter and a maximum sign area of 48.5 square feet. The bottom of the sign shall consist of a stone veneer; b. Freestanding Monument Sign (Second Street) – One, non-illuminated, freestanding monument-type sign located within an existing landscape planter along the Second Street frontage, with a maximum height of 6’ above finished grade of the landscape planter and a maximum sign area of 15 square feet. The bottom of the sign shall consist of a stone veneer; c. Canopy Fascia Signs – Two, internally-illuminated, signs located along the canopy fascia; two, “Shell” parapet signs along the west and south elevations of the canopy, with a maximum sign area of nine (9) square-feet each. d. Wall Signs – Two, internally-illuminated and halo lit, “Loop” wall sign, located above the convenience store’s entries (West and North elevations). The wall signs shall have a maximum sign area of 21.1 square-feet each. e. Fuel Dispenser Signs – Incidental hallmark or logo signage located above and below fuel dispensers on valances or “spanners” and “kick plates”; incidental advertisement signage located above trash receptacles. The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the 13th day of November 2018. The Planning Commission’s Action is final unless it is appealed to the City Council within five (5) working days pursuant to San Rafael Municipal Code Section 14.28.030 - Filing and time limit of appeals. Moved by Commissioner _____________ and seconded by Commissioner ________________. AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS SAN RAFAEL PLANNING COMMISSION ATTEST: BY: Paul A Jensen, Secretary Berenice Davidson, Chair Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Community Development Department – Planning Division Meeting Date: November 13, 2018 Agenda Item: 3 Case Numbers: P18-010 Project Planner: Paul Jensen 415-485-5064 REPORT TO PLANNING COMMISSION PRESENTATION ON AND DISCUSSION OF HOUSING TOPICS AND ISSUES RECOMMENDATION It is recommended that the Planning Commission accept the report. BACKGROUND On August 20, 2018, the Community Development Department presented an informational report to the City Council, which focused on the subject of housing. This informational report was prompted because housing covers many timely and critical issues. The informational report, which can be accessed here provides a summary of key topics and issues including: State-mandated housing laws (16 new laws passed in 2017); current housing policies and regulations; our housing stock, including our affordable housing inventory; accessory dwelling units; current housing development activity; short-term residential rentals; and the current rental housing market. The City Council’s August 20 discussion of this item can be viewed on streaming video here. As this report is informational, there was no staff recommendation for a formal action by the City Council. However, the Analysis section of the City Council report (page 15) provides a list of eight, specific topic areas that warrant special attention. In tandem with accepting the report, the City Council requested that staff bring forward the following four topic areas for further discussion: 1. Renters Rights and Rental Discrimination This topic is discussed on pages 11 and 12 of the August 20 City Council report. It covers the current rental market in San Rafael as well as a range of strategies that are current and can be considered for policy making or regulation. These strategies include: source of incom e discrimination; mandatory mediation; just cause eviction; an economic evictions relocation fee; and rent control/stabilization. Some of these strategies have been adopted/implemented by the County of Marin and several other local jurisdictions. On October 1, 2018, Andrew Hening, Director of Homeless Planning and Outreach presented the City Council with a draft ordinance addressing rental housing source of income. Now passed in the County of Marin and the Town of Fairfax, a source of income ordinance would prevent landlords from explicitly refusing to accept governmental funding (e.g., Housing Choice vouchers/section 8 vouchers) when posting rental vacancies. The draft ordinance prepared by staff mirrored the County of Marin ordinance, which also applies to accessory (Second) dwelling units (ADUs). The City Council was reluctant to apply the ordinance to ADUs as such units are often rented to family REPORT TO PLANNING COMMISSION - Case No: P18-010 Page 2 members. It was requested that staff conduct a survey of the property owners that have approved and built ADUs to see if they would oppose application of this ordinance. The survey is currently being conducted. It is expected that the draft ordinance and results of the survey will return to the City Council on December 3, 2018. The October 1 City Council report can be accessed here and streaming video of this meeting can be viewed here. 2. Short-term Residential Rentals This topic is discussed on pages 12 and 13 of the August 20 City Council report. At present, the City does not regulate, enforce or tax short-term rentals. However, several years ago, the City Council directed staff to monitor short-term residential rental activity. Right now, the City has approximately 250 active, short-term residential rentals. Staff is completing a “white paper” on residential short-term rentals, which is expected to be finalized in the next month. The white paper, along with a report on options and approaches, will be presented to the City Council in early 2019. 3. “Obstacles and Barriers” to Approving and Building Housing. The City Council acknowledged that housing projects are often faced with obstacles and barriers, which delay or impact the approval and construction of housing. The Council directed that staff research and bring forward a list of such obstacles and barriers, coupled with suggested measures and tools to overcome them. To date, staff has met with several local housing developers and housing advocates to get their perspective on obstacles and barriers. It is expected that staff will report back to the City Council in early 2019. 4. Aging Population Housing Strategies & Challenges. The August 20 report includes compelling information about our aging population. As the City’s population continues to age, there is an increased demand for alternative housing options, including opportunities to age-in-place. In 2018, the City approved two new assisted living projects (Oakmont Assisted Living, 3773 Redwood Highway; Aegis Assisted Living, 800 Mission Avenue), which demonstrates that there is a market for this type of housing. However, assisted living projects are typically defined as non-residential development in that: a) the City receives no credit for meeting our Regional Housing Need Allocation (RHNA); and b) they have been required to pay the commercial linkage fee in lieu of providing inclusionary housing within the project. It is expected that staff will report back to the City Council in mid-2019. Since the Planning Commission deals with many aspects of housing in its review and decision-making role, it was determined that the Commission should be afforded a presentation of the August 20 City Council report. It is recommended that the Planning Commission provide comments and suggestions on the above and/or other topic areas covered in the August 20 City Council report.