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HomeMy WebLinkAboutPlanning Commission 2017-12-12 Agenda Packet(P�, RA � AGENDA SAN RAFAEL PLANNING COMMISSION REGULAR MEETING TUESDAY, December 12, 2017, 7:00 P.M. % o COUNCIL CHAMBERS, CITY HALL, 1400 FIFTH AVENUE SAN RAFAEL, CALIFORNIA 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 11/14/17 PUBLIC HEARINGS 2. 108 Bellam Blvd. ("Peter's Beacon" Service Station) — Request for an Environmental and Design Review Permit, a Use Permit Amendment and a new Sign Program to allow upgrades to an existing, 1,666 sq. ft. service station with minor motor vehicle repair (Smog Test). The project proposes: 1) Approximately 600 sq. ft. of new bathroom, entry and service bay additions; 2) Conversion of approximately 1,200 sq. ft. of existing service bays to mini -market use; 3) New exterior colors and materials on the building and fuel canopy; 4) A new trash enclosure; 5) New site landscaping, drainage and parking improvements; and 6) New signage. The project also request a parking modification to allow a reduction in the number of required for the project, from 12 to 8 on-site parking spaces; APN: 008-106-05; General Commercial (GC) District Zone; Steve Murch for SKS Architects, Applicant; Peter Jizrawi, Owner; Case No.s: ED16-112; UP16-059; SP1 7-004. Project Planner: Steve Stafford 3. Preparation in advance of Annual Meeting of,Planning Commission to include: a) distribution of Planning Commission "Rules and Procedures" for review before annual meeting; and b) assignment of Planning Commission liaisons for 2018 DRB meetings. DIRECTOR'S REPORT COMMISSION COMMUNICATION ADJOURNMENT Next Meeting: December 26, 2017 I, Anne Derrick, hereby certify that on Friday, December 8, 2017, 1 posted a notice of the December 12, 2017 Planning Commission meeting on the City of San Rafael Agenda Board. • Sign interpreters and assistive listening devices may be requested by calling 415/485-3085 (voice) or 4151485-3198 (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 INTERPRETED 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 COMMISSION'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. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, November 14, 2017 f t J +O y�iTN � 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: Larry Paul Jack Robertson Barrett Schaefer Berenice Davidson, Chair Sarah Loughran Jeff Schoppert Mark Lubamersky Absent: None Also Present: Raffi Boloyan, Planning Manager Caron Parker, Associate Planner 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 10/24/1' Mark Lubamersky moved and Jack Robertson seconded to approve Minutes as presented. The vote is as follows: AYES: Larry Paul, Jack Robertson, Barrett Schaefer, Berenice Davidson, Chair, Sarah Loughran, Mark Lubamersky NOES: None ABSTAIN: Jeff Schoppert ABSENT: None PUBLIC HEARINGS 2. 39 Clavton (vacant lot 59) and 33 Clavton (vacant lot 60) – Reauest for review on DroDosed development on two (2) adjacent vacant legal lots. 39 Clayton Street (Lot 59: 012-141-59j proposes a new 2,808 sf single-family hillside residence on a 5,851 sf flag lot. 33 Clayton Street (Lot 60: 012-141-60) proposes a new 2,627 sf single-family hillside residence on a 5,028 sf lot. There is also a proposed adjustment of the parcel boundaries and site improvements, including landscaping and drainage. Access to the parcels is proposed to be from Ross Street Terrace, a new 20 foot wide publicly-owned/privately-maintained street off Ross Street, terminating at the project site and not connecting to Clayton Street. Four (4) quest parking spaces are proposed to be provided on the new roadway: APN's: 012-141-59 and 012-141-60: Single Family Residential (R7.5) District: Coby Friedman, owner, Francisco Matos, applicant; File No: ED15-088/ED15- 089/LLA15-002. Project Planner: Caron Parker Staff report and Exhibits 1 through 7 Exhibits 8 (Public Comments) and Exhibit 9 (reduced Plan set) Jeff Schoppert moved and Jack Robertson seconded to deny project without prejudice. The vote is as follows: AYES: Jack Robertson, Barrett Schaefer, Berenice Davidson, Chair, Sarah Loughran, Jeff Schoppert, Mark Lubamersky NOES: Larry Paul ABSTAIN: None ABSENT: None DIRECTOR'S REPORT COMMISSION COMMUNICATION /_1�11L�1�1:��1►�ii���� ANNE DERRICK, Administrative Assistant III APPROVED THIS—DAY—OF , 2017 Berenice Davidson, Chair Meeting Date: SANRAFAE L Agenda Item: THE CITY WITH A MISSION Community Development. Department— Planning Division Case Numbers: Project Planner: December 12, 2017 Z ED16-112; UP16-059; SP17-004 Steve Stafford/(415) 458-5048 REPORT TO PLANNING COMMISSION SUBJECT: 108 Bellam Blvd. ("Peter's Beacon" Service Station) — Request for an Environmental and Design Review Permit, a Use Permit Amendment and a new Sign Program to allow upgrades to an existing, 1,666 sq. ft. service station with minor motor vehicle repair (Smog Test). The project proposes: 1) Approximately 600 sq. ft. of new bathroom, entry and service bay additions; 2) Conversion of approximately 1,200 sq. ft. of existing service bays to mini -market use; 3) New exterior colors and materials on the building and fuel canopy; 4) A new trash enclosure; 5) New site landscaping, drainage and parking improvements; and 6) New signage. The project also request a parking modification to allow a reduction in the number of required for the project, from 12 to 8 on-site parking spaces; APN: 008-106-05; General Commercial (GC) District Zone; Steve Murch for SKS Architects, Applicant; Peter Jizrawi,, Owner; Case No.s: ED16- 112: U P 16-059: S P 17-004. tXECUTIVE SUMMARY The project proposes comprehensive upgrades to an existing service station ("Peter's Beacon"), including new additions to the building, new exterior colors and materials, new signs, new trash enclosure, new landscaping, drainage and parking improvements, and new mini -market use. The project includes a request for Parking Modification, to allow the required parking for the project to be reduced from 12 to 8 on-site parking spaces. The project requires the following approvals by the Planning Commission (Commission) with the recommendation of the Design Review Board (Board): • A `minor' Environmental and Design Review Permit for additions to an existing nonresidential structure; A Use Permit Amendment to allow the new mini -market use and the Parking Modification; and A new Sign Program for the new site signage, including building, fuel pump canopy, fuel pump and freestanding 'Price ID' signs. The Board reviewed the proposed project on three occasions; once as conceptual review and twice during formal application review. On November 7, 2017, the Board reviewed the proposed project and recommended approval (3-1-1) of the proposed site and building improvements, including the request for Parking Modification. As proposed and with conditions, the proposed project is consistent with the applicable review criteria and meets the required findings for Environmental and Design Permits, Use Permits and Sign Programs (see discussion under the Analysis section of this report). RECOMMENDATION It is recommended that the Planning Commission adopt the attached resolution (Exhibit 2) approving the Environmental and Design Review Permit (ED16-112), Use Permit Amendment (UP16-059) and new Sign Program (SP17-004) with conditions. REPORT TO PLANNING COMMISSION - Case No: ED16-112; UP16-059; SP17-004 (108 Bellam Blvd.) Page 2 PROPERTY FACTS Address/Location: 108 Bellam Blvd. Parcel Number(s): 008-106-05 Property Size: 14,914 sq. ft. Neighborhood: Canal Site Description/Setting: The subject site is located at the northeast corner of the intersection of Bellam Blvd. and Francisco Blvd. E, with entrance driveways along both frontages. It is developed with a service station facility which includes two primary structures: 1) a 1,666 sq. ft. building with three (3) service bays and a small, 320 sq. ft., min -mart; and 2) a freestanding fuel pump canopy with eight (8) fueling stations. The site is surrounded by other automotive -related uses to the south, east and west, while a commercial service use is located to the north. BACKGROUND Since 1966, the site has been in continuous use as a service station facility. In 1978, the Commission denied a Use Permit application to legalize the existing mini -mart due to traffic and parking concerns, though it has continued to operate since that time. On October 4, 2016, the Board provided Conceptual Design Review (CDR16-004) recommendations on the proposed project, including requesting an increase in site landscaping, improved proportions of the new exterior materials, and location of a new trash enclosure along the east property line. • On October 3, 2017, the Board reviewed the formal application and continued their review to allow the applicant to further refine the location of the new landscape planters, trash enclosure, building lighting and parking spaces, re-evaluate the new plant palette and reduce the number of proposed signs. • On November 7, 2017, the Board continued their review of the formal application and recommended approval (3-1-1; Commissioner Loughran liaison) of the proposed site and building improvements, as revised. All three (3) Board meetings on the project may be reviewed online at: http://www.citvofsanrafael.org/meetings/. A more detailed discussion of the Board's review on the project is below under the Design Review Board Recommendations section of this report. Site Characteristics General Plan Designation I Zoning Designation Existing Land -Use Project Site: General Commercial (GC) GC Service Station w/Smog Test North: GC GC Dry Cleaner . South: GC GC Automated Car Wash East: GC GC Motor Vehicle Repair West: GC GC Service Station w/Mini-Mart Site Description/Setting: The subject site is located at the northeast corner of the intersection of Bellam Blvd. and Francisco Blvd. E, with entrance driveways along both frontages. It is developed with a service station facility which includes two primary structures: 1) a 1,666 sq. ft. building with three (3) service bays and a small, 320 sq. ft., min -mart; and 2) a freestanding fuel pump canopy with eight (8) fueling stations. The site is surrounded by other automotive -related uses to the south, east and west, while a commercial service use is located to the north. BACKGROUND Since 1966, the site has been in continuous use as a service station facility. In 1978, the Commission denied a Use Permit application to legalize the existing mini -mart due to traffic and parking concerns, though it has continued to operate since that time. On October 4, 2016, the Board provided Conceptual Design Review (CDR16-004) recommendations on the proposed project, including requesting an increase in site landscaping, improved proportions of the new exterior materials, and location of a new trash enclosure along the east property line. • On October 3, 2017, the Board reviewed the formal application and continued their review to allow the applicant to further refine the location of the new landscape planters, trash enclosure, building lighting and parking spaces, re-evaluate the new plant palette and reduce the number of proposed signs. • On November 7, 2017, the Board continued their review of the formal application and recommended approval (3-1-1; Commissioner Loughran liaison) of the proposed site and building improvements, as revised. All three (3) Board meetings on the project may be reviewed online at: http://www.citvofsanrafael.org/meetings/. A more detailed discussion of the Board's review on the project is below under the Design Review Board Recommendations section of this report. REPORT TO PLANNING COMMISSION - Case No: ED16-112; UP16-059; SP17-004 (108 Bellam Blvd.) Page 3 PROJECT DESCRIPTION Use: The project proposes to maintain the existing service station facility use on the site though upgrade the existing building and canopy facades with new exterior colors and materials and increase and refresh the site landscaping. The project also proposes to maintain the existing minor motor vehicle repair use (Smog Test) on the site, though reduce the number of service bays from three (3) to two (2). The project further proposes once again to legalize the existing mini -mart use on the site and increase the size of the retail market from approximately 320 sq. ft. to approximately 1,200 sq. ft. through the conversion of service bay area. Site Plan: The project proposes a new approx. 600 sq. ft. addition along the north property line to allow for a new service bay and customer reception or waiting area and office and storage areas. The project proposes a new, 64 sq. ft., covered trash enclosure located adjacent to the ADA -accessible parking space along the east property line. Also, expansion of the site landscaping with bio-filtration/storm water treatment areas and additional on-site parking spaces are proposed. No change in the size of the fuel canopy or the number of fuel stations (8) is proposed. Access to the site is proposed along existing driveways along both the Bellam Blvd. and Francisco Blvd. E. frontages. Fuel truck deliveries are proposed to continue entering the site along the Bellam Blvd frontage and exiting along the Francisco Blvd. E. frontage. Floor Plan: In addition to a new 600 sq. ft. addition along the north property line, the project proposes to convert two (2) of the three (3) existing service bays to mini -market space. The project also proposes an approximate 55 sq. ft. addition to the front of the building along the Bellam Blvd frontage to provide an entrance to the expanded mini -mart. The project further proposes an 89 sq. ft. expansion to the existing restroom located along the south building elevation. Architecture: The project proposes a new contemporary design for the building and fuel canopy facades. The existing exterior treatments (combination of concrete block, brick veneer and vertical -ribbed metal siding painted in an off-white/creme color) on the building are proposed to be replaced with a combination of composite concrete panels, vertical -ribbed metal corrugated siding and horizontal metal "rain screen" longboards with 1'/z" channels in predominantly earthtone/woodtone color shades. New storefront windows would dominate the front of the building facing Bellam Blvd. The project proposed to cover the existing gabled roof with a new fascia/parapet of the "rain screen" longboards without increasing the overall height of the building. The project proposes to paint the existing concrete block wall along the rear elevation and the existing fencing along the east property line with a new medium shade of tan color. The project also proposes to match the new exterior materials and colors to the fuel canopy. The project proposed to cover the gabled roof with a new fascia/parapet without increasing the overall height of the fuel canopy structure. New composite concrete panels, gray in color, is proposed for the canopy support posts and horizontal metal "rain screen" longboards with 11/2" channels, `natural wood' in color, is proposed for the new fascia/parapet. . A Material and Color Board will be provided at the Commission hearing. Parking: The project proposes to provide eight (8) on-site parking spaces: the retention of four (4) existing parking spaces (#1-4) located south of building and along the east property line, one (1) new parking space (#5) located adjacent to the existing landscape planter at the corner of Bellam Blvd, and Francisco Blvd. E., one (1) new parking space (#6) located adjacent to a new landscape planter along the north property REPORT TO PLANNING COMMISSION - Case No: ED16-112; UP16-059; SP17-004 (108 Bellam Blvd.) Page 4 line, one (1) new parking space (#7) located inside the new service bay addition, and one (1) existing parking space (#18) located inside the existing retained service bay. Landscaping: The project proposes to enlarge the size of existing landscape planters on the site, from 1,008 sq. ft. (6.6%) to 1,552 sq. ft. (10.4%) of combined landscape area. This expansion of existing and new landscape planters on the site would result in a slight reduction of existing driveway width along both the Bellam Blvd. frontages. Most of the existing and new landscape areas would provide new bio -retention basins to meet SWPPP (Storm Water Pollution Prevention Plan) requirements. The proposed new site landscaping is a combination of new trees (3 plantings), shrubs (152 `plantings), and groundcovers (223 plantings). New landscape planters are proposed at the building entrance and along the east property line, south of the building. Existing raised planters are located between the fuel pump islands and are proposed to remain though the new landscape plan for the project does not identify any plantings. The project proposes to preserve an existing palm tree, approximately 15' in height, located within the landscape planter at the corner of Bellam Blvd. and Francisco Blvd. E., and an existing shrub hedge which screens above -ground tanks; located within a landscape planter along the Francisco Blvd. frontage. All other existing site landscaping is proposed for removal. Lighting: The project proposes new LED lighting fixtures at the entrances to the building and within the parking area, on separate Fight freestanding standards located in the existing landscape planter along the Francisco Blvd. frontage and the new landscape planter along the Bellam Blvd frontage. New building lighting is also proposed, either recessed into the new soffit over the mini -mart portion of the building or centered over the service bay doors. The project proposes to re -use the existing under canopy light fixtures located above the fuel pump stations, though the project proposes to fully -recess or flush -mount these existing fixtures. Grading/Drainage: The project plans propose to route all building and fuel canopy roof leaders underground to the new bio - retention basin's within the landscape planters. Signage: The project proposes a total of 191 sq. ft. of new signage for the site, including: • One (1), 32.08 sq. ft., internally -illuminated, wall sign ("Peter's Smog Center Test Only"); • One (1), 14.75 sq. ft., internally -illuminated, wall sign ("Mini -Mart"); • One (1), 5.36 sq. ft., non -illuminated, wall sign ("Smog Center Office"); • Two (2), 18 sq. ft., internally -illuminated, cabinet signs ("Beacon") recessed into the new fuel canopy fascia/parapet; • One (1), 15.72 sq. ft., internally -illuminated, freestanding monument sign, located at the corner of Bellam and Francisco Blvd.; • One (1), 7.03 sq. ft., internally -illuminated, freestanding monument sign, located along the Bellam Blvd. frontage; and • Eight (8), 10.01 sq. ft., non -illuminated fuel pump dispenser sign graphics. ANALYSIS San Rafael General Plan 2020 Consistency: The General Plan land use designation for the project site is General Commercial (GC). The GC designation allows a broad range of commercial retail and services including the existing and proposed continued service station facility use on the site. REPORT TO PLANNING COMMISSION - Case No: ED16-112; UP16-059; SP17-004 (108 Bellam Blvd.) Page 5 The project has been reviewed by staff for consistency with all applicable San Rafael General Plan 2020 policies, a complete analysis of which is provided in Exhibit 3. Staff finds that the project, as conditioned, would be consistent with all applicable General Plan policies related to Land Use, Neighborhoods, Community Design, and Air and Water Quality. Zoning Ordinance Consistency: Chapter 4 — Residential (R) District The site is located within the General Commercial (GC) District. The proposed project requires consistency with the property development standards for the GC District, including a maximum 36' building height and minimum 15% site landscaping. Those property development standards applicable to the project, along with other applicable zoning regulations, are identified in the attached Zoning Ordinance Consistency Table (Exhibit 4). As designed, the project complies with the maximum allowable height for the site though not the minimum landscape requirement. The existing site landscape is legal nonconforming and, while the project proposes to increase site landscaping, it will continue to not meet minimum requirements. Chapter 16 — Site and Use Regulations Accessory Structures Section 14.16.020 (Accessory Structures) of the Zoning Ordinance allows accessory structures in non- residential zoning districts if they do not alter the character of the site and it they conform to all applicable standards and regulations including, but not limited to, FAR, parking and design review criteria requirements. As requested by both staff and the Board, the project proposes a new 64 sq. ft. (8' x 8') trash enclosure located along the east property line, adjacent to the ADA -accessible parking space (Parking Space #1). The same contemporary materials and colors proposed for both the building and fuel canopy are proposed for the trash enclosure (composite concrete panels, gray in color, and horizontal metal "rain screen" longboards with 1Y2" channels, medium brown in color, with ribbed metal corrugated roof, metallic silver in color). Light and Glare Section 14.16.227 of the Zoning Ordinance requires all building colors and materials and building and site lighting to be designed to avoid creating undue off-site light and glare impacts. Glossy finishes and reflective glass are discouraged; site and building lighting shall be shielded to conceal light sources from view off-site and avoid spillover onto adjacent properties. Lighting levels, generally, should be the minimum amount necessary to provide a sense of security: • One (1) foot candle at ground level overlap should be provided in all exterior doorways and in all vehicle parking areas; and • Minimum one-half (1/2) foot candle at ground level overlap should be provided along all outdoor pedestrian walkways. - • Less than one (1) foot candle at ground level overlap should be provided at all property lines. In addition, both the Commission and the Board have indicated, through review of other previous service station upgrade projects, their general preference to reduce lighting levels to a maximum of 20-30 foot candles, as measured at ground level. Staffs Comments. A photometric study was submitted with the application submittal which indicates that the project would comply with both the lighting levels prescribed by the Zoning Ordinance and those preferred by the Commission and Board for similar service stations. The photometric study indicates a maximum lighting level of 17 foot candles, as measured at ground level. Additionally, the lighting fixtures under the fuel canopy are proposed (Note #16, Sh. A3.2) and conditioned (Condition #5, ED16-112) to be fully recessed or flush -mounted into soffit to mitigate any off-site glare. REPORT TO PLANNING COMMISSION - Case No: ED16-112; UP16-059; SP17-004 (108 Bellam Blvd.) Page 6 Floor Area Ratio Section 14.16.150 of the Zoning Ordinance limits the extent of non-residential development on the site to 3,132 sq. ft. or 0.21 Floor Area Ration (FAR). The project proposes to increase the square footage of service building (mini -mart and Smog Test) to 0.15 FAR. Chapter 18 — Parking Standards Parking Requirements Pursuant to Section 14.18.040 (Parking Requirements) of the Zoning Ordinance, the project is required to provide a total of 12 on-site parking spaces, based on the following proposed uses: • Three (3) parking spaces for the proposed continued service station facilities use; plus • Five (5) parking spaces for the legalization and expansion of the approximately 1,200 sq. ft. mini- market use (1/250 sq. ft. of gross retail); plus • Four (4) parking spaces for the two (2) service bays with each service bay counted as providing one (1) parking space. Parking Modification The project proposes eight (8) on-site parking spaces. The project is requesting a Parking Modification, through the Use Permit Amendment application, to reduce the required on-site parking from 12 to 8 parking spaces, contending that much of the parking demand for the mini -market use will be met by vehicles already parked temporarily at the fuel pumps. 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 hearing body. Staff s Comments. The Community Development Director, through Planning staff, and the City Engineer supports this request for Parking Modification, concurring with applicant's contention that much of the parking demand for the mini -market is already captured by patrons fueling their vehicles on site. During its review of the project, the Board further determined that the Parking Modification would strike a balance between the need to provide parking and landscaping on the site. Chapter 19 — Signs Sign Programs In 1996, the existing site signage was approved for the service station use and development in accordance with the allowable standards for the services stations under the City's then Sign Ordinance, which allowed a total of four (4) signs and up to 100 sq. ft. of combined sign area. In 1996, Planning staff approved a Sign Review Permit (SR96-29), which allowed a total of four (4) signs on the site with a total of 169 sq. ft. of combined sign area, including: one (1) 40 sq. ft. (4' x 10') internally -illuminated freestanding monument/price ID sign (6.5' in height), two (2) 62.5 sq, ft. (30" x 25) non -illuminated `spandrel' signs underneath the fuel canopy, and one (1) 4 sq. ft. (2' square) internally -illuminated `logo' cabinet or wall sign (At that time, Planning staff incorrectly identified the 66 sq. ft. of total sign area). In 2004, the City adopted a comprehensive update to the Sign Ordinance which emphasized the use of Sign Programs specifically to meet the unique sign demands of service stations. The project proposes to create a new Sign Program on the site with a total of 191 sq. ft. of new signage, including: • One (1), 32.08 sq. ft., internally -illuminated, wall sign ("Peter's Smog Center Test Only"); • One (1), 14.75 sq. ft., internally -illuminated, wall sign ("Mini -Mart"); • One (1), 5.36 sq. ft., non -illuminated, wall sign ("Smog Center Office"); • Two (2), 18 sq. ft., internally -illuminated, cabinet signs ("Beacon") recessed into the new fuel canopy fascia/parapet; REPORT TO PLANNING COMMISSION.- Case No: ED16-112; UP16-059; SP17-004 (108 Bellam Blvd.) Page 7 • One (1), 15.75 sq. ft., internally -illuminated, freestanding monument sign, located at the corner of Bellam and Francisco Blvd.; • One (1), 7.03 sq. ft., internally -illuminated, freestanding monument sign, located along the Bellam Blvd. frontage; and • Eight (8), 10.01 sq. ft., non -illuminated fuel pump dispenser sign graphics. Pursuant to Section 14.19.046 D (Sign Programs; Findings) of the Zoning Ordinance, a new Sign Program is required to meet findings related to common design features and adequacy of scale among all signs. Staffs Comments. Staff finds the proposed new Sign Program meets these design -related findings. All signs within the proposed new Sign Program will be dark blue ("Sultan Blue") in color. In addition, the "Beacon" signs will feature a uniform design beyond colors. Staff additionally finds the project is proposing new signage greater in total square footage than similar service stations. Sign graphics on the fuel pumps is a relatively new type of sign; it was not accounted for in the prior sign code when -the current signs on the site were approved. Generally, when reviewing similar new sign program applications, the Commission with the Board's recommendation has approved, generally, 100 sq. ft. of total signage, excluding sign graphics on fuel pump. The project proposes 110.92 sq. ft. of new signage, excluding the sign graphics on the fuel pumps. Chapter 22 — Use Permits As discussed earlier in staff's report, the existing Use Permit approval, to allow the current service station use on the site, requires amendment by the Commission to allow the legalization and expansion of the existing mini -market use and to grant the Parking Modification. Staff's Comments. The City Engineer has reviewed the traffic impacts anticipated to be generated by the expanded mini -market use and indicated their support subject to payment of traffic mitigation fees for one (1) new peak hour traffic trip (Condition #11, ED16-112). Their logic being that a smaller mini -mart has operated on the site since 1978 and its traffic trips have been previously documented in the current General Plan; the larger mini -mart will mitigate its traffic impacts through the payment of traffic impact fees. Additionally, the City Engineer supports the granting of the proposed Parking Modification, finding that much of the parking demand for the mini -market use will be met by vehicles already parked temporarily at the fuel pumps. Chapter 25 — Environmental and Design Review Permit The project requires Environmental and Design Review Permit approval by the Commission (This Environmental and Design Review Permit typically would be reviewed and acted on by the Zoning Administrator; however, since the project requires Commission approval for the legalization and expansion of the existing mini -mart use, all of the required entitlements for the project shall be reviewed and acted on by the Commission concurrently with the Board's recommendation). 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 identified in the Zoning Ordinance Consistency Table (Exhibit 4). Staffs Comments. The review criteria for Environmental and Design Review Permits seek to have the proposed design_ (architecture, materials and color, exterior lighting) of all new development `relate' to the design on the site and within in the vicinity. As designed, the project generally complies with all applicable review criteria. The project proposes to upgrade the exterior facades on both the building and fuel canopy on the site with a more contemporary design and a mixture of textures and treatments, while adding a new trash enclosure to match. The project also upgrades the landscape character of the site by REPORT TO PLANNING COMMISSION - Case No: ED16-112; UP16-059; SP17-004 (108 Bellam Blvd.) Page 8 increasing landscape areas and introducing a new planting palette. This is a welcome change to the site and the surrounding Canal neighborhood. DESIGN REVIEW BOARD RECOMMENDATION The Board reviewed the project during three (3) separate meetings, once as conceptual; design review and twice as a formal application submittal. On October 4, 2016, the Board provided conceptual design review (CDR16-004) recommendations on the proposed project. At that time, the Board expressed unanimous support for upgrading the existing service station and provided the following general recommendations: • Explore opportunities to increase site landscaping; • Improve the proportionalities of the proposed new exterior materials; and • Provide a new trash enclosure located, preferably, along the east property line, immediately south of the building, where ADA -accessible Parking Space #1 is proposed. On October 3, 2017, the Board conducted formal review of the project and requested it return for their continued review to address the following specific design recommendations: • The exterior rainscreen material should wrap around the rear of the building; • The new trash enclosure should be relocated closer to the building; • The existing parking spaces along the east property line (Parking Spaces 1-3) should be pulled back to allow for the creation of an additional landscape planter and the applicant is encouraged to explore relocating the bio -retention area from the corner landscape planter to this new landscape planter to allow additional plantings in the corner landscape planter; • The landscape plan should be re-evaluated to be more creative with the plant species, increase the number of plantings and eliminate potential conflicts due to future growth patterns; • The exterior lighting fixtures on the building should be recessed into the soffit and those light fixtures without a soffit should be centered better over building entrances; • All existing fencing should be painted to match the proposed new exterior color palette for the site; and • The northeast -facing canopy sign (Sign #3) should be eliminated from the proposed new Sign Program as unnecessary and redundant. On November 7, 2017, the Board continued their formal review of a project and, after determining revisions to the project design had adequately responded to their previous recommendations, recommended approval (3-1-1' Huntsberry denial; Spielman absent; Commissioner Loughran liaison) of the project. The dissent asserted the site could accommodate more on-site parking and larger landscape planters to better comply with the applicable development standards. All three (3) Board meetings on the project may be reviewed online at: http://www.cityofsanrafael.org/meetings/, by clicking on "Design Review Board" under "Archived Meetings" and click on the "video" link to the specific meeting date. ENVIRONMENTAL DETERMINATION The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Sections 15301(e) (Existing Facilites), 15303(e) (New Construction), 15304(b) (Minor Alterations to Lana and 15311(a) (Acessory Structures) of the CEQA Guidelines which exempts: 1) Minor (less than 10,000 sq.ft.) additions to existing service station facilites with both motor vehicle repair (Smog Test) and mini -mart uses; 2) New, small trash enclosure structures which are accessory to the operation of the existing service station facility on the site; 3) New site landscaping, including the replacement of existing conventional landscaping with new water-efficeint bio -retention landscaping; and 4) New site signage for an existing service station facility. REPORT TO PLANNING COMMISSION - Case No: ED16-112; UP16-059; SP17-004 (108 Bellam Blvd.) Page 9 NEIGHBORHOOD MEETING 1 CORRESPONDENCE No Neighborhood Meeting was required for the proposed project since it does not include a request a General Plan Amendment, Rezoning or any other action requiring the preparation of an Environmental Impact Report (EIR). Notice of hearing for the project was conducted in accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and occupants within a 300 -foot radius of the project site, the appropriate neighborhood groups (the Canal Area Property and Business Owners Association and the Marin Villa - Canal Housing Alliance), and all other interested parties (applicant and planner), 15 calendar days prior to the date of this hearing, as well as all prior Board meetings. Additionally, notice was posted on the project site, at the corner of Bellam Blvd. and Francisco Blvd. E. No comments have been received by staff as a result of any noticing for the project. OPTIONS The Planning Commission has the following options: 1. Adopt resolution approving of the project application as presented (staff recommendation) 2. Adopt resolution approving the project application with certain modifications or additional conditions of approval; 3. Continue the public hearing on the project application to all allow the applicant or staff to address any of the Planning Commission's comments or concerns; or 4. Deny the project application and direct staff to return with a revised resolution. EXHIBITS 1. Vicinity/Location Map 2. Draft Resolution 3. GP Consistency Table 4. ZO Consistency Table 5. Interim Non -Residential Design Guidelines 6. Plans Reduced (19"x IT) color plan sets have been provided to the Planning Commissioner only D71 to � DEC E Ea u f ,o H c L aj to v rtcr on u c N I LS o ci .fl N rts on �+ m c c u -`o an � o u A f 4 E uILI Nu -C.� c - ly E 0 0 C3. on q ° m a o AILI u '21-11 m = v 11 j ' � .mac N .� ` Q Q 1 y 3 00 r�. U 4 m t �► 1, 100 t 44' co ¢r ©o, O Iry N T ,_ . / \1 EXHIBIT I RESOLUTION NO. 17 -XX RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION CONDITIONALLY APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED16Al2), USE PERMIT AMENDMENT (UP16-059) AND SIGN PROGRAM (SP17-004) TO ALLOW ADDITIONS AND UPGRADES TO AN EXISTING SERVICE STATION WITH ANCILLARY MINI -MART AND MOTOR VEHICLE REPAIR (SMOG TEST), A PARKING MODIFICATION TO REDUCE THE NUMBER OF REQUIRED ONSITE PARKING SPACES, AND ASSOCIATED SITE IMPROVEMENTS (LIGHTING, DRAINAGE AND LANDSCAPING) LOCATED AT 108 BELLAM BLVD. ("PETER'S BEACON") (APN: 008-106-06) WHEREAS, on October 4, 2016, the City of San Rafael Design Review Board (Board) completed conceptual design review (CDR16-004) of the project and provide the following comments: • Explore opportunities to increase site landscaping; Improve the proportional ities of the proposed new exterior materials; and • Provide a new trash enclosure located, preferably, along the east property line, immediately south of the building, where ADA -accessible Parking Space #1 is proposed. WHEREAS, on December 1, 2016, a formal prosect application for an Environmental and Design Review Permit (ED16-112), Use Permit Amendment (UPI6-059)and Sign Program (SP17-004) was submitted to the Community Development Department, Planning Division, proposing additions and upgrades to an existing service station facility with ancillary motor vehicle repair (Smog Test) and mini -mart uses, located at 108 Bellam Blvd.; and WHEREAS, the proposed scope of project includes: 1) A total of approximately 600 sq. ft. of new bathroom, entry and service bay additions; 2) Legalization of the existing mini -mart use; 3) Conversion of approximately 1,200 sq. ft. of existing service bays to expand the mini- market use; 4) New exterior colors and materials on the building and fuel canopy; 5) A new trash enclosure; 6) New site lighting, landscaping, drainage and parking improvements; 7) A Parking Modification to allow a reduction in the number of required on-site parking spaces, from 12 to 8 parking spaces; and 7) New signage; and WHEREAS, on October 3, 2017, the Board conducted formal review of the project and requested it return for their continued review to address the following specific design recommendations: • The exterior rainscreen material should wrap around the rear of the building; • The new trash enclosure should be relocated closer to the building; • The existing parking spaces along the east property line (Parking Spaces 1-3) should be pulled back to allow for the creation of an additional landscape planter and the applicant is encouraged to explore relocating the bio -retention area from the corner landscape planter to this new landscape planter to allow additional plantings in the corner landscape planter; • The landscape plan should be re-evaluated to be more creative with the plant species, increase the number of plantings and eliminate potential conflicts due to future growth patterns; • The exterior lighting fixtures on the building should be recessed into the soffit and those light fixtures without a soffit should be centered better over building entrances; EXHIBIT 2 -1 All existing fencing should be painted to match the proposed new exterior color palette for the site; and The northeast -facing canopy sign (Sign #3) should be eliminated from the proposed new Sign Program as unnecessary and redundant WHEREAS, On November 7, 2017, the Board reviewed revisions to the project design and, after determining revisions to the project design had adequately responded to their previous recommendations, recommended approval (3-1-1; Huntsberry denial; Spielman absent;; Commissioner Liaison Loughran) of the project; and WHEREAS, staff has determined that the proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Sections 15301(e) (Existing Facilites), 15303(e) (New Construction), 15304(b) (Minor Alterations to Land) and 15311(a) (Acessory Structures) of the CEQA Guidelines which exempts: 1) Minor (less than 10,000 sq.ft.) additions to existing service station facilites with both motor vehicle repair (Smog Test) and mini -mart uses; 2) New, small trash enclosure structures which are accessory to the operation of the existing service station facility on the site; 3) New site landscaping, including the replacement of existing conventional landscaping with new water- efficeint bio -retention landscaping; and 4) New site signage for an existing service station facility; and WHEREAS, on December 12, 2017, the City of San Rafael Planning Commission (Planning Commission). held a duly -noticed public hearing on the proposed project, including an Use Permit Amendment (UP16-059), a Sign Program (SP17-004) and an Environmental and Design Review Permit (ED16-112), accepting all oral and written public testimony and the written report of the Community Development Department Planning staff and closed said hearing on that date; and WHEREAS, the Planning Commission of the City of San Rafael does hereby make the following findings related to the Use Permit Amendment (UP16-059), the Sign Program (SP17- 004) and the Environmental and Design Review Permit (ED16-112): Use Permit Amendment (UP16-059) Findings A. The proposed use is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of the General Commercial (GC) District in which the site is located in that: As documented in the General Plan 2020 Consistency Table (Exhibit 3) attached to the staff report to the Planning Commission, the project will be consistent with Land Use Policies LU -2 (Development Timing), LU -9 (Intensity of Nonresidential Development), LU -12 (Building Heights), LU -16 (Building and Automobile Services), and LU -23 (Land Use Map and Categories), Neighborhoods Policies NH -51 (Existing Business Areas), NH -53 (Building and Automotive Services) and NH -72 (Neighborhood Design; Canal Neighborhood), Community Design Policies CD -1d (Landscape Improvements; City Image), CD -2 (Neighborhood Identity), CD -3 (Neighborhoods), CD -10 (Nonresidential Guidelines), CD -15 (Participation in Project Review), CD -18 (Landscaping), CD -19 (Lighting) and CD -20 (Commercial Signage), Economic Vitality Policies EV -2 (Seek, Retain, and Promote Businesses that Enhance San Rafaeo, EV -8 (Diversity of our Economic Base) and EV -14 (Support for Business Areas), Circulation Policy C -7a EXHIBIT 2 -2 (Circulation Improvement Funding, Traffic Mitigation Fees), Infrastructure Policy 1-2 (Adequacy of Infrastructure and Services), Safety Policies S-17 (Flood Protection of New Development), S-1 8a (Storm Drainage Improvements) and S-32 (Safety Review of Development Projects), and AW -8 (Reduce Pollution from Urban Runoff); 2. As documented in the Zoning Ordinance Consistency Table (Exhibit 4) attached to the staff report to the Planning Commission, the proposed project will be consistent with the objectives of the Zoning Ordinance, which is to promote and protect the public health safety, peace, comfort and general welfare, given that; a. The proposed project will implement and promote the goals and policies of the San Rafael General Plan 2020, as identified in Finding Al above; b. The project will foster harmonious and workable relationships among land uses in the vicinity of the site, given that; the site has been in near continuous operation as a service station with minor motor vehicle repair since 1966 and the project will continue operating as a service station facility with ancillary mini -mart and minor motor vehicle repair (Smog Test) uses on the site consistent with the conditionally approved Use Permit Amendment. c. The project will reduce or remove negative impacts caused by inappropriate location, use or design of buildings and improvements, given that; 1) The project will continue in its existing location with minor additions to the north (new service bay), south (ADA -accessible restroom upgrades) and west (new entrance) elevations; 2) The project will continue providing its services (service station with ancillary minor motor vehicle repair or Smog Test) with legalization and minor expansion of the existing mini -mart use; 3) The Design Review Board (Board) reviewed the project design during three (3) separate meetings and provided comments which resulted in revisions to the project and, on November 7, 2017, the Board recommended approval of the project design; d. The project will ensure the adequate provision of light, air space, fire safety and privacy between buildings, given that; the project is conditioned to be designed and built in accordance with the most current building, fire safety and seismic codes; e. The project will provide for adequate, safe and effective off-street parking and loading facilities, given that; the project requests a Parking Modification, to reduce the parking required from 12 to 8 on-site parking spaces, which has been reviewed and recommended for approval by the Community Development Director, the Public Works Director and the Board; f. The proposed project will promote a safe, effective traffic circulation system, and maintain acceptable local circulation system operating condition, given that; the project has been conditioned (Condition #11, ED16-112) to mitigate anticipated impacts to the surrounding circulation conditions by paying traffic mitigation fees to help fund its fair share of traffic improvements as identified in the General Plan; g. The project has provided for effective citizen participation in decision-making, given that; the City has provided opportunities for public involvement in the review of the project through the referral to the appropriate neighborhood groups (Canal Area Property and Business Owners Association and the Marin Villa -Canal Housing Alliance) and through notice of the Board's October 4, 2016 Conceptual Design EXHIBIT 2 -3 Review meeting, the October 3, 2017 formal application submittal, and the November 7, 2017 continued review of the proposed project design, in compliance with Chapter 29 of the Zoning Ordinance (Public Notice). Notice of three (3) separate Board meetings and this hearing were mailed to all property owners and occupants within a 300 -foot radius of the site, the appropriate neighborhood groups and all interested parties, 15 calendar days prior to the meetings or hearing, and notice was posted on the project site, within a landscape planter located at the corner of Bellam Blvd and Francisco Blvd. E. Staff has received no comments as a result of noticing of the project. Comments received from City departments and non - City agencies on the project have been incorporated in the review and conditional approval of the project. 3. As documented in the Zoning Ordinance Consistency Table (Exhibit 4) attached to the staff report to the Planning Commission, the proposed `project would be consistent with the specific purposes of the General Commercial (GC) District in which the site is located, given that; the proposed project will promote a full range of retail and service uses in major shopping centers and certain areas of the City which have freeway or major street access and visibility, in compliance with prescribed floor area ratios (FAR), circulation and design criteria, in that; 1) The project will allow the continued operation of a service station facility with ancillary mini -mart and minor motor vehicle repair (Smog Test) uses on the site, which has existed since 1966; 2) The site is surrounded by other automotive -related uses to the south, east and west, while a commercial service use is located to the north of the site; 3) The project will comply within the maximum allowed FAR for the site (0.15 FAR proposed; 0.21 FAR allowed) ; 4) The project will result in one (1) additional peak hour traffic trip and a condition of approval (Condition #11; ED16-112) requires the payment of traffic impact fees ($4,246); and 5) The Board has reviewed the project during three (3) separate meetings and, on November 7, 2017, recommended approval of the project design after determining it adequately meets applicable design criteria. B. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, given that; the project has been reviewed by appropriate City departments, non -City agencies, the appropriate surrounding neighborhood groups (Canal Area Property and Business Owners Association and the Marin Villa -Canal Housing Alliance) and the Board, who have recommended approval of the project with conditions of approval to mitigate any potential negative impacts anticipated to be generated by the proposed additional uses to the existing uses on the site; and C. As documented in the Zoning Ordinance Consistency Table (Exhibit 4) attached to the staff report to the Planning Commission, the proposed use complies with each of the applicable provisions of the Zoning Ordinance, including refuse enclosure requirements, FAR, light and glare, Parking Modification, parking space dimensions, Sign Programs, and review criteria for Environmental and Design Review Permits. Sign Program (SP17-004) Findings All signs contained in the proposed new Sign Program have one or more common design elements such as placement, colors, architecture, materials, illumination, sign type, sign shape, letter size and letter type, in that; A) All signs will be predominantly dark blue ("Sultan Blue") in color, either the background sign panel or the lettering; B) All signs will have common design elements (The building signage will use the same script type, in a EXHIBIT 2 -4 combination of upper- and lower-case letters. The freestanding monument, fuel canopy and fuel pumps will use the same 'white' block capital lettering with the `compass' symbol inside the "O" letter. The freestanding monument signs will use the same `golden eagle' logo. One of the freestanding monument signs will incorporate the same `red' thin banding found on the fuel canopy signs); 2. All signs contained in the proposed new Sign Program are in harmony and scale with the materials, archtiecture, and other design features of the buildings and property improvements they identify, and the new Sign Program is consistent with the general design standards specified in Section 14.19.054 ( (i.e. all site signage shall be "... an integral part of, compatible with, and complement the design of buildings and improvements on the site where the sign is to be located and shall be compatible with the character and design of signs in the immediate neighborhood of the site. Creative and unique design is encouraged provided that the design is appropriate for the site and improvements and compatible with the character of the surrounding area."), in that; A) During project review and approval by the Design Review Board (Board), the Board recommended elimination of signage deemed redundant and unnecessary; B) The design of all signs will be high-quality, compatible with and complementary to the character and design quality of signage along both Bellam Blvd. and Francisco Blvd. E.; C) The design of all signs will promote signage which is simple, uncomplicated and legible due, in part, to the increased number of site signage and the location of signage gnerally closer to the street frontages; and D) The colors and materials of all signs are subtle and neither excessively bright nor reflective, which will be compatible with and complement the subtle new earthtone colors and materials proposed on the buiding and fuel canopy on the site; and 3. The amount and placement of signage contained in the new Sign Program is in scale with the development on the site, as well as the immediately surrounding area, in that; the existing signs on the site total 100 sq. ft. in combined area and the new signs will total a similar 111 sq. ft. in combined area (excluding ancillary sign graphics above and below the fuel pumps). Environmental and Design Review Permit (ED16-112) Findings A. The project design is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of Chapter 14.25 of the Zoning Ordinance; in that: 1. As documented in the General Plan 2020 Consistency Table (Exhibit 3) attached to the staff report to the Planning Commission, the proposed project will implement and promote the goals and policies of the San Rafael General Plan 2020, as identified in Finding Al (Use Permit Amendment) above; 2. As documented in the Zoning Ordinance Consistency Table (Exhibit 4) attached to the staff report to the Planning Commission, the proposed project will be consistent with the objectives of the Zoning Ordinance, which is to promote and protect the public health safety, peace, comfort and general welfare, as identified in Finding A2 (a -g) (Use Permit Amendment) above: 3. As documented in the Zoning Ordinance Consistency Table (Exhibit 4) attached to the staff report to the Planning Commission, the proposed project will be consistent with the purposes of Environmental and Design Review Permits, given that; EXHIBIT 2 -5 a. The project will maintain and improve the quality of, and relationship between, development and the surrounding area to contribute to the attractiveness of the City, given that; 1) The exterior colors and materials on all structures on the site (building, fuel canopy and trash enclosure) will coordinate to present a unifying, contemporary design; and 2) The Board has reviewed and recommended approval of the proposed project design, subject to conditions; and b. The project will preserve and enhance views from other buildings and public property, given that; the overall height of the building and fuel canopy will not increase since the new rainscreen fascia on both structures will not exceed the existing height of the gable roof peak for each structure. B. The project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the General Commercial (GC) District in which the site is located, given that; The project design will be consistent with the maximum allowable building height for the site (36' allowed; 18' 2" existing and proposed to roof peak for building and 18' 5" for fuel canopy); 2. The project design will be consistent with the maximum allowable Floor Area Ratio for the site (0.21 FAR or 3,132 sq. ft. allowed, 0.15 FAR or 2,332.3 sq. ft. proposed); 3. While the project design will not be consistent with the minimum landscape requirement, the project will improve the legal nonconformity, as follows: • 15% or 2,237.1 sq. ft. required; • 6.8% or 1,008 sq. ft. existing; and • 10.4% or 1,552 sq. ft. proposed; 4. The project design will be consistent with the parking requirement for the site with approval of the requested Parking Modification, as follows: • Total of eight (8) on-site parking spaces provided; • The retention of four (4) existing parking spaces (Parking Spaces #1-4; Sh. A1.1 of the project plans) located south of building and along the east property line; • One (1) new parking space (Parking Space #5C; Sh. A1.1)) located adjacent to the existing landscape planter at the corner of Bellam Blvd, and Francisco Blvd. E.; • One (1) new parking space (Parking Space #6; Sh. A1.1) located adjacent to a new landscape planter along the north property line; • One (1) new parking space (Parking Space #7; Sh. A1.1) located inside the new service bay addition; and • One (1) existing parking space (Parking Space #18; Sh. A1.1) located inside the existing retained service bay. The request for Parking Modification was reviewed and recommended for approval with the proposed project by the Board on November 7, 2017, finding that much of the parking demand for the mini -market use will be met by vehicles already parked temporarily at the fuel pumps; and 5. The proposed project will be consistent with review criteria for Environmental and Design Review Permits (Chapter 14.25 of the Zoning Ordinance), given that; the Board EXHIBIT 2 -6 reviewed the project at their October 3, 2017 meeting and continued their review at their November 7, 2017 meeting and, after determining the project adequately met the review criteria for Environmental and Design Review Permits, recommended approval of proposed building and site design, as revised. C. The project design minimizes adverse environmental impacts, given that; The project proposes minor grading for the foundations of the new additions to the building and the new and expanded landscape planters on-site; 2. The project proposes minor tree removal by removing one (1) existing tree (Olive) and replacing it with three (3) new trees (Toyon; min. 15 -gallon container size) within existing and new landscaped planters on-site; 3. The proposed project includes storm water bio -retention areas within existing and new landscaped planters on-site, which will help mitigate the resulting impacts of storm water surface runoff from the project; and D. The project design, 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, as identified in Finding B (Use Permit Amendment No. UP16-059) above. WHEREAS, the Planning Commission of the City of San Rafael makes the following findings of fact related to the California Environmental Quality Act (CEQA); California Environmental Quality Act (CEQA) Findings The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Sections 15301(e) (Existing Facilites), 15303(e) (New Construction), 15304(b) (Minor Alterations to Land) and 15311(a) (Acessory Structures) of the CEQA Guidelines which exempts: 1) Minor (less than 10,000 sq.ft.) additions to existing service station facilites with both motor vehicle repair (Smog Test) and mini -mart uses; 2) New, small trash enclosure structures which are accessory to the operation of the existing service station facility on the site; 3) New site landscaping, including the replacement of existing conventional landscaping with new water-efficeint bio -retention landscaping; and 4) New site signage for an existing service station facility. NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of San Rafael does hereby approves the Use Permit Amendment (UP16-059), the Sign Program (SP17-004) and the Environmental and Design Review Permit (ED16-112), based on the findings of fact above and, subject to the following conditions of approval: Use Permit Amendment (UP16-059) Conditions of Approval This Use Permit Amendment (UP16-059) approves a 1,340 sq. ft. mini -mart, as an accessory use to the existing service station use with minor motor vehicle repair (Smog Test) on the site. This Use Permit Amendment approves building and site development consistent with the Environmental and Design Review Permit (ED16-112) approval. EXHIBIT 2 -7 2. This Use Permit Amendment (UP16-059) also approves a Parking Modification, reducing the number of required on-site parking spaces, from 12 to 8 spaces. This Use Permit Amendment approves building and site development consistent with the Environmental and Design Review Permit (ED16-112) approval. 3. The approved hours of operation are, as follows: • Service State Facility: 24 hrs. daily; • Mini -mart: 6 a.m. — 11 p.m. daily except Sundays, which is 7 a.m. — 10 p.m. • Smog Test: 8 a.m. — 5 p.m. daily except Sundays (closed) 4. This Use Permit Amendment (UP16-059) shall run concurrently with the Environmental and Design Review Permit (ED16-112) approval. If the Environmental and Design Review Permit expires, the Use Permit Amendment shall also expire and become invalid. Sign Program (SP.17-004) Conditions of Approval Community Development Department, Planning Division 1. The building techniques, colors, materials, elevations and appearance of the project, as presented to the Planning Commission at their December 12, 2017 hearing on plans by Sign Development, Inc. (Sh. 1-7), stamped -approved and on file with the Community Development Department, Planning Division, shall be the same as required for issuance of all building/grading permits, subject to these, conditions. Minor modifications or 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 Ireview and approval by the original decision making body, the Planning Commission, and may require review and recommendation by the Design Review Board. 2. This Sign Program (SP17-004) approves a total of 191 sq. ft. of new signage for the site, as follows: ■ One (1), 14.75 sq. ft., internally -illuminated, wall sign ("Mini -Mart"); ■ One (1), 5.36 sq. ft., non -illuminated, wall sign ("Smog Center Office"); ■ Two (2), 18 sq. ft., internally -illuminated, cabinet signs ("Beacon") recessed into the new fuel canopy fascia; ■ One (1), 15.75 sq. ft., internally -illuminated, freestanding monument sign, located in the landscape planter at the corner of Bellam and Francisco Blvd.; ■ One (1), 7.03 sq. ft., internally -illuminated, freestanding monument sign, located in the landscape planter along the Bellam Blvd. frontage; and ■ Eight (8), 10.01 sq. ft., non -illuminated graphics, located above and below each of the eight (8) fuel pump dispensers. 3. This Sign Program requires the site comply with the provisions on `prohibited signs' at all times, as identified in the Zoning Ordinance (Currently, Section 14.19.080 of the San Rafael Municipal Code), including all A -frame, windblown, animated and moving advertising signs. 4. This Sign Program (SP17-004) shall run concurrently with the Environmental and Design Review Permit (ED16-112) approval. If the Environmental and Design Review Permit expires, the Sign Program shall also expire and become invalid. EXHIBIT 2 -8 Community Development Department, Building Division 5. Building Permits are required for installation of sign approved by this Sign Program. Environmental and Design Review Permit (ED16-112) Conditions of Approval General and On -Going Community Development Department, Planning Division 1. The building techniques, colors, materials, elevations and appearance of the project, as presented to the Planning Commission at their December 12, 2017 hearing on plans by SKS Architects (Sh. A1.0 -A1.3, A2.1, A3.1 -A3.5 and BMP), Cree (Unnumbered Photometric Study) and Rod Scaccalosi, Landscape Architect (Sh. 1-1), stamped - approved and on file with the Community Development Department, Planning Division, shall be the same as required for issuance of all building/grading permits, subject to these conditions. Minor modifications or 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 Design Review Board. 2. ;All new exterior facades (colors and materials) shall be maintained in `good' condition at all times, as determined by staff. 3. All new landscaping shall be irrigated with an automatic drip system and maintained in a healthy and thriving condition, free of weeds and debris, at all times. All approved landscaping dying or dead shall be replaced in a timely fashion. 4. All ground -mounted and rooftop equipment (vents, condensers, satellite antenna) shall be fully screened from view at all times 5. All light fixtures, located underneath the fuel canopy, shall be fully recessed into the soffit. 6. All submitted Building Permit plan sets shall include a plan sheet incorporating these conditions of approval. 7. If archaeological or cultural resources are accidentally discovered during excavation/grading activities, all work will stop within 100 feet of the resource and the qualified archaeologist will be notified immediately. The qualified archaeologist will contact Federated Indians of Graton Rancheria (FIGR) and the Planning Division and coordinate the appropriate evaluation of the find and implement any additional treatment or protection, if required. No work shall occur in the vicinity until approved by the qualified archaeologist, FIGR and Planning staff. Prehistoric resources that may be identified include, but shall not be limited to, concentrations of stone tools and manufacturing debris made of obsidian, basalt and other stone materials, milling equipment such as bedrock mortars, portable mortars and pestles and locally darkened soils (midden) that may contain dietary remains such as shell and bone, as well as human remains. Historic resources that may be identified include, but are not limited to, small cemeteries or burial plots, structural foundations, cabin pads, cans with soldered seams or tops, or bottles or fragments or clear and colored glass EXHIBIT 2 -9 If human remains are encountered (or suspended) during any project -related activity, all work will halt within 100 feet of the project and the County Coroner will be contacted to evaluate the situation. If the County Coroner determines that the human remains are of Native American origin, the County Coroner shall notify FIGR within 24 -hours of such identification who will work with Planning staff to determine the proper treatment of the remains. No work shall occur in the vicinity without approval from Planning staff. 8. This Environmental and Design Review Permit (ED16-112) shall run with the land and shall remain valid regardless of any change of ownership of the project site, subject to these conditions, provided that a building/grading permit is issued and construction commenced or a time extension request is submitted to the City's Community Development Department, Planning Division, within two (2) years of approval, or December 12, 2019. Failure to obtain a building permit and construction commenced or failure to obtain a time extension within the two-year period will result in the expiration of this Environmental and Design Review Permit. 9. This Environmental and Design Review Permit (ED16-112) shall run concurrently with the Use Permit Amendment (UP16-059) and Sign Program (SP17-004) approvals. If the Environmental and Design Review Permit expires, the Use Permit Amendment and Sign Program approvals shall also expire and become invalid. Prior to Issuance of Grading/Building Permits Public Works Department 10. A grading permit is required from the Public Works Department (111 Morphew St.). 11. A traffic mitigation fee of $4,246 (1 new peak hour trip x $4,246) shall be required. 12. This site is located within a Special Flood Hazard Zone AE with a current base flood elevation of 10.0 feet NAVD88. The project design shall comply with flood proof requirements. A flood proofing certificate shall be required. 13. Wheel stops are recommended for Parking Spaces #2-4. 14. Parking Space #5C shall be striped to direct traffic around the parking space and create a visual version of a taper or bulb -out. 15. The project proposes a total of more than 2,500 sq. ft. of new impervious area. Provide a storm water control plan in compliance with MCSTOPPP requirements. Please refer to http://www. marincounty. org/depts/pw/divisions/mcstoppp/development/new-and- redevelopment-protects. 16. All work in the public right of way requires the issuance of an encroachment permit from the Public Works Department. 17. A construction vehicle impact fee shall be required, which is calculated at 1% of the valuation, with the first $10,000 of valuation exempt. Community Development Department, Building Division 18. 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 EXHIBIT 2 -10 Energy Code, 2016 Title 24 California Energy Efficiency Standards, 2016 California Green Building Standards Code and City of San Rafael Ordinances and Amendments, or the codes that are in effect at the time of building permit submittal. 19. 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) Fire sprinkler plans g) Site/civil plans (clearly identifying grade plan and height of the building) h) Structural Calculations i) Truss Calculations j) Soils'reports k) Green Building documentation 1) Title -24 energy documentation 20. 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 6 inches in height with 'h inch stroke for commercial applications. The address must be contrasting in color to their background. San Rafael Fire Department, Fire Prevention Bureau 21. The design and construction of all site alterations shall comply with the 2016 California Fire Code and City of San Rafael Ordinances and Amendments. 22. Automatic fire sprinkler and alarm systems shall be installed. Deferred plan submittals for the fire sprinkler, fire alarm and fire underground systems shall be submitted by a licensed C-16 contractor to the San Rafael Fire Department, Fire Prevention Bureau for review. 23. A Knox Box is required at the primary point of first response to the building. 24. A hazardous materials warning placard shall be installed in accordance with NFPA (National Fire Protection Association) 704. 25. Submit a Hazardous Materials Management Plan to the Marin County Department of Public Works, CUPA (Certified Unified Program Agency). 26. Contact the Marin Municipal Water District (MMWD) to make arrangements for MMWD to provide adequate water supply service for the required fire protection system. San Rafael Sanitation District 27. Civil/Utility plans shall be included in the Building Permit submittal and shall include all additional plumbing fixtures and sewer laterals. New sewer laterals shall comply with San Rafael Sanitation District (SRSD) Standard Design Requirements. 28. SRSD recommends televising the existing sewer lateral to assess any potential deficiencies that may compromise the pipe. In the even the televised survey recommends EXHIBIT 2 -11 improvements or repairs to the sewer lateral, the property owner shall be responsible for completing this work in coordination with SRSD staff. Marin Sanitary Service 29. The design of the new trash enclosure shall maintain out -swinging (hinges located on the outside of the structure rather than the inside) with a minimum 130° swing clearance, and drop pins to allow the doors to remain open during service. During Construction Marin Municipal Water District 30. Comply with all indoor and outdoor requirements of District Code Title 13 Water Conservation. Indoor plumbing fixtures shall meet specific efficiency requirements. Landscape, irrigation, grading and fixture plans shall be submitted to Marin Municipal Water District (MMWD) for review and approval. Any questions regarding District Code Title 13 — Water Conservation should be directed to MMWD's Water Conservation Department at (415) 945-1497. You may also find information on MMWD's water conservation requirements online at www.marinwater.org. 31. A backflow prevention device may be required. If upon the MMWD's review backflow protection is determined to be warranted, the project shall install, test and maintain a backflow prevention device. Questions regarding backflow requirements should be directed to the Backflow Prevention Program Coordinator at (415) 945-1558 32. MMWD Ordinance 429 requires the installation of a gray water recycling system should MMWD's review determine the project to be a "substantial remodel" that necessitates an enlarged water service. Pacific Gas & Electric 33. Prior to the start excavation or construction, the general contractor shall call Underground Service Alert (USA) at (800) 227-2600 to have the location of any existing underground facilities marked in the field. Prior to Occupancy Community Development Department, Planning Division 34. Final inspection of the project by the Community Development Department, Planning Division, is required. The applicant shall contact the Planning Division to request a final inspection upon completion of the .project. The final inspection shall require a minimum of 48-hour advance notice. 35. The landscape architect for the project shall submit a letter to the Planning Division, confirming the landscaping has been installed in compliance with the approved project plans and the irrigation is fully functioning. 36. All exterior lighting shall be shielded to reduce off-site glare. A minimum of one (1) foot candle at ground level overlap shall be provided at all exterior doorways and throughout the vehicle parking area. Less than one (1) foot candle at ground level overlap shall be provided on all property lines. 37. A Photometric Study shall be submitted to the Planning Division for review and approvals, confirming the site lighting levels are generally consistent with those proposed and EXHIBIT 2 -12 approved with the project. Lighting levels under the fuel canopy shall not exceed 20 foot candles at ground overlap. Deviations determined to be significant by the Planning Division shall require reduced output fixtures and/or the installation of diffusers. After Occupancy Community Development Department, Planning Division 38. Following the issuance of a Certificate of Occupancy, all new exterior lighting shall be subject to a 90 -day lighting level review period by the City to ensure that all lighting sources provide safety for the building occupants while not creating a glare or hazard on adjacent streets or be annoying to adjacent residents. During this lighting review period, the City may require adjustments in the direction or intensity of the lighting, if necessary. The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning Commission held on the 12th day of December 2017. Moved by Commissioner AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS ATTEST: Paul A. Jensen, Secretary and seconded by Commissioner SAN RAFAEL PLANNING COMMISSION Berenice Davidson, Chair EXHIBIT 2 -13 en W P N w O D U Q+ ami 4- O ° O . •��' N b O� N� U U�� N N ' +�'"'' 'd n� N m cd td U N^ 0 75�! 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N U �' bA wl �" 'C Q" 5 1 � N +' oo ° .d o r" �' N o o a) 5 PG c a) �o ... t p. 0 ° z7 o o N Ch C° 00 a ° a ami r� ° o a��i cdo c� v f a3i anicn°� ani O ,-a .O ++ m „s� 6-" o 0 Ct; 'O a, �+ o cd ,� N cd o a) .� a., U O s� � c ) � 'aj as > N w�c�i • • • H • • • • • • c.o W N c; d kr; et W pp t.4-4 p > o y N 3 pp -'s cd .. p a> .� s.'+5 'p >oEot,r' o O vOi O > N U O v N YO t3 40. � 0 ,� UD O Ucd w3 N �y ti Y .0 N N Y'onq-cr op o°�o� °.2a 0'5 -� � 5 +e) a o i o U .;.- 'o o o o on o ¢,q o o Ho H tJ NO � H ani �� Q. 0 o R O ccd ��t San Rafael Design Guidelines NONRESIDENTIAL DESIGN GUIDELINES As modifications are made to San Rafael, whether through public improvements or as private development affects neighborhoods or the Downtown, the design quality of these changes should improve the quality of fife in San Rafael. These guidelines provide a framework of design principles that builds on the strength of the existing character of an area and that strives to improve the visual unity of the area. Parking Lots ❖ A logical sequence of entry and arrival as part of the site's design should be provided. ❖ Where possible, design entrances from the street to direct views towards the building entry. ❖ Parking should be distributed to provide easy access to building entrances. • Where possible, parking should be located to the rear or side of a building in order to reduce the visual impact,of parking areas. ❖ Design for adequate vehicle maneuverability in parking areas. Vehicles should not back out from a parking space onto the street. ❖ Parking areas should be screened from the street with hedges, walls, fences or berms, subject to security considerations. ❖ On major arterials, where possible and appropriate, consolidate curb cuts and reduce entry and exit conflicts. ❖ Auto and pedestrian entrances into the development should be easy to find. For example, special entry treatments, such as colored concrete, special planting and signage should be located at the entries to the site. ❖ Shade trees should be provided in parking lots per the zoning ordinance. Landscaping ❖ Landscaped areas should be planned as integral parts of the development and to create a strongly landscaped character for the site. ❖ Unsightly uses should be screened. ❖ Commercial signage or displays should not be hidden with landscaping. ❖ Trees should be planted in a variety of locations, such as along the side property lines, clustered in planting areas, or distributed throughout the parking lot, consistent with the zoning ordinance. EXHIBIT 5 San Rafael Design Guidelines ❖ Pedestrian areas should be made visually attractive with special planting and flowering trees. ❖ Where feasible, landscape the area between the building and the property line even when a building is located at the minimum required side or rear yard setback. ❖ Retain and maintain existing public street trees and add additional street trees where practical. Lighting ❖ Limit the intensity of lighting to provide for adequate site security and for pedestrian and vehicular safety. ❖ Shield light sources to prevent glare and illumination beyond the boundaries of the property. ❖ Lighting fixtures should complement the architecture of the project. Pedestrian Circulation ❖ Consider pedestrian orientation when designing building entries, windows, signage and doors. ❖ Include a well-defined pedestrian walkway between the street and building entries. ❖ Clearly define pedestrian movement through the parking lot. For example, provide changes in pavement or separate landscaped walkways. ❖ Where appropriate, pedestrian walkways should be provided between adjacent lots. ❖ Special design elements should be included, such as bollards, pots, benches, trash cans, unique paving, tree grates, tree guards and pedestrian lighting to add visual richness to areas designed for pedestrian access. ❖ Where appropriate, include outdoor gathering places and seating for the public. ❖ Adequate facilities should be provided for bicycle parking, consistent with zoning requirements: Building Form ❖ Where appropriate, locate the building, or a substantial portion of the building along the front yard setback or street edge to create spatial enclosure in relation to the street. ❖ Consider the pedestrian experience when designing the ground floor of buildings. ❖ A continuity of design, materials, color, form and architectural details is encouraged for all portions of a building and between all the buildings on the site. ❖ Consider the development's visual and spatial relationship to adjacent buildings and other structures in the area. 1.1 San Rafael Desiqn Guidelines Entryways ❖ A defined sense of entry with pedestrian orientation should be provided. ❖ Building entrances should be defined with architectural elements such as roof form changes, awnings or other architectural elements. Towers ❖ If a tower is included in the design, it should perform a definite on-site function, such as delineating an entrance to a site or a building entry, or emphasizing a display window. ❖ The tower should provide an attractive distinctive silhouette against the sky. ❖ Where appropriate, the visual bulk of the upper portion of the tower should be reduced to reduce its apparent bulk, for example with openings through it or with open latticework. Arcades Arcades may be used in shopping areas to provide weather protection for shoppers, add a sense of unity to a larger project and/or provide depth to the building. ❖ Arcades may be topped with a simple broad band for tenant signing. ❖ Internal illumination may be used to emphasize arcade forms at night. Awnings ❖ Where appropriate, provide well-designed awnings to enhance the design of the building, provide weather protection, and add liveliness, interest and a sense of human scale. ❖ Provide. a uniform treatment of awnings on multi -tenant buildings. ❖ Awning colors may be varied and should be compatible with the colors of the building and of adjacent buildings. ❖ Signs may be provided on an awning, consistent with the zoning ordinance. ❖ Translucent, internally illuminated awnings are not encouraged. ❖ The following building code standards are included for reference: Minimum height above grade: 8 feet; 14 feet at alleys, parking lots or other areas with vehicular traffic Maximum horizontal projection (from face of building): 7 feet, or 66% of the distance between the building and curb, whichever is less Minimum distance to curb: 2 feet between the awning and curb Materials and Colors ❖ Use articulation, texturing and detailing on all concrete exposed to exterior view. ❖ Exterior materials should minimize reflectivity. ❖ Use color to provide appropriate accents on a building. �a" s gl a a a C') Ig #'db ' .., T IIy�� a v L 1 L061,6 V318P)Rb -S ' 50 30p 0 PM8 U121188 80L •IuiW )g dojS lon j uoaeag spladlug nil 4-J 0— 1 Lo ® O) 0) asp � r 0 e■■ Wr LL LLn z cc M 0 z z E e� ® WM CC W 10- �P cr co W c a•Vd m w LLJ oo co 0— Li EXHIBIT 6 btE d� ° 8 1 Via s I —1 az oz Inn a CL -m � F z If ui w fq1 m a SIP IL nUt 9 �I - �a 3 610Q, m ✓"�ki ti s a Jnr fA ����ug@� a� F fms� � g 4M u� Q � ;s$q - • , x5 UA rl b6 Sl� 0 D•. 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The first scheduled meeting in January 2018 will be January 9, 2018. The purpose of the annual meeting is to elect new officers and review its Rules and Procedures and typically to sign up Commissioners to serve as DRB liaison for the next year. Rules and Procedures I am distributing the current rules and procedures (attached). These procedures were last revised on January 27, 2009. Over the past few years, the Commission has reviewed these each year, but has not made any changes. At this time, there is only one issue that staff has noticed during the past few years regarding the rules and procedures. The current rule state that the Commission is to hold all questions until after the staff presentation, applicant presentation and public comment. However, the past few years, the Commission does on occasion ask questions following each presentation, rather than at the end. This is an item the Commission can consider whether a change to the rules and procedures are warranted. Other this this item, staff does not have any other specific issues or modifications that need to be addressed. However, the Commission can consider further modifications or request that staff investigate possible changes. Please review the current rules and procedures and if there are any changes that you would like to suggest or possible modifications that warrant staff research, please inform staff before the annual meeting, so that we can research the item and provide any draft revisions at the Annual Meeting. If we hear no suggestions for edits, we will present the current Rules and Procedures for adoption as is. Selection of PC liaison to DRB meetings for 2018 Since the annual meeting will be after the 1St scheduled DRB meeting (Jan 3rd), we need to have PC liaisons for DRB already established by early January, we are distributing the 2018 DRB meeting schedule (attached) now and plan to get signups at for the January and February slots at the December 12th Planning Commission meeting. At this time, we do not have any items scheduled for January 3rd, but there is still time for items to be scheduled. Commissioners (with the exception of the new Chair) will be requested to serve as liaison in two month increments, which involve attendance at up to four, regular DRB meetings during the two selected months of service. Although we don't yet have the Chair elected, the current Vice Chair for 2017 (Commissioner Paul) is technically in line to be the Chair for 2018, although there may be some discussion regarding that appointment since Commissioner Davidson only assumed the role of Chairperson mid year 2017. This issue may be consideration for her to be reappointed for 2018 and will be discussed at the annual meeting. REPORT TO PLANNING COMMISSION Page 2 So, we will need a volunteer to assume the January/February slot and the remaining months can be filled after the election at the 1 sl Commission meeting in January Attachments 1. Current Planning Commission "Rules and Procedures," adopted January 27, 2009 2. PC liaison for DRB meeting 2018 Signup Sheet PLANNING COMMISSION RULES AND PROCEDURES CITY OF SAN RAFAEL Revisions Adopted at Annual Planning Commission Meeting of January 27, 2009 I. Organization and Officers A. Organization 1. The Planning Commission shall consist of seven regular members appointed by the Mayor with the approval of the City Council and shall be organized and exercise such powers as prescribed by the City Charter and by the San Rafael Municipal Code (City Code). 2. The term of the Commission members is four years with a staggered expiration schedule. 3. Vacancies on the Commission for other than expiration will be filled by appointment for the un -expired portion of the term. 4. If any Commissioner should have three consecutive, unexplained absences from regular meetings of the Planning Commission as shown in the roll call of the official minutes, the Chair may recommend to the City Council that the seat be relinquished. 5. If any Commissioner wishes to request a leave of absence for three to six consecutive meetings, the request shall be made to and approved by the Chair. A request for a leave of absence for more than six consecutive meetings shall be made to and approved by the City Council. B. Officers 1. Selection a. A Chair and Vice -Chair shall be elected from among the Commission's membership at the Annual Meeting held the first meeting of the calendar year, to serve for a one year period. It is intended that the Chair and Vice -Chair be rotated among the Commissioners based on tenure, as defined by total years of service. In the event the years of service are identical, tenure will be determined in alphabetical order. It is the general rule that a Commissioner shall not serve as Chair more than once in seven consecutive years. However, in the event that: 1) a position is vacated; 2) a Commissioner is not interested in serving as an officer; or 3) there is limited tenure among the other Commissioners, then a Commissioner can be appointed as an officer more than once in seven years. b. The Vice -Chair shall serve as Chair in the following year. c. The Chair and Vice -Chair may not succeed themselves. However, in the event that the current Chair or Vice -Chair has served less than a year, the Commission may choose to re-elect her/him for an additional term. d. The Vice -Chair shall succeed the Chair if he/she vacates the office, and shall serve the un -expired term of the Chair. The Commission shall elect a new Vice -Chair to serve the un -expired term of that office. Selection shall be based on seniority. e. In the absence of the Chair and Vice -Chair, the member of the Commission with the longest tenure, as defined by total years of service, shall preside over the meeting. In the event that the years of service are identical, seniority will be determined by alphabetical order. 2. Responsibilities The responsibilities and powers of the officers of the Planning Commission shall be as follows: a. Chair - Preside at all meetings of the Commission. - Call special meetings of the Commission in accordance with legal requirements and the Rules of Procedure. - Sign documents of the Commission. - See that all actions of the Commission are properly taken. - Assist staff in determining agenda items. - The Chair shall be an ex officio member of all committees with voice but not vote. b. Vice -Chair During the absence, disability or disqualification of the Chair, the Vice -Chair shall exercise or perform all the duties and be subject to all the responsibilities of the Chair. C. Duties and Powers 1. The Planning Commission shall have the power to recommend to the City Council, after conducting a public hearing, the adoption, the amendment or the repeal of a General Plan, a Neighborhood or Specific Plan, the Zoning Ordinance of the City Code, or a site-specific master plan for a Planned Development (PD) District, or any part thereof, for the physical development of the City. 2. The Planning Commission shall exercise such functions with respect to environmental review, land subdivisions, land use and planning, design review, and zoning, as may be prescribed by City Code, City resolution, and State law. 3. The Commission shall advise the City Council on those matters falling within its charged responsibilities in a manner reflecting concern for the overall development and environment of the City as a setting for human activities. D. Rules of Order Except as otherwise provided in these Rules of Procedure, "Roberts Rules of Order, Newly Revised" shall be used as a guide to the conduct of the meetings of the Planning Commission, provided, however, that a failure of the Commission to conform to said rules of order shall not, in any instance, be deemed to invalidate the action taken. II. Meetings A. Public Meetings All meetings shall be held in full compliance with the provisions of state law, ordinances of the City and these Rules of Procedure. B. Regular Meetings 1. Regular meetings shall be held on the second and fourth Tuesdays following the first Monday in each month, at 7:00 p.m. in the Council Chambers of the City Hall, unless otherwise determined by the Commission. All regular meetings must be held within the city limits of San Rafael. 2. Whenever a regular meeting falls on a public holiday, no regular meeting shall be held on that day. Such regular meeting may be rescheduled to another business day, or canceled by motion adopted by the Planning Commission. All meetings must be held within the city limits of San Rafael. 3. A meeting of the Commission may be canceled by the Chair for lack of a quorum, no pending business, or any other valid reason. Such cancellation may be made at any time prior to the scheduled meeting. All efforts shall be made by the Community Development Department staff to notify those involved at the earliest possible time. Prior to the scheduled meeting, the Community Development staff shall post a cancellation notice on the City of San Rafael public hearing board, the City website and at the prescribed location of the meeting. C. Adjourned Meetings In the event it is the wish of the Planning Commission to adjourn its meeting to a certain hour on another day, a specified date, time, and place must be set by a majority vote of the Commissioners present, prior to the regular motion to adjourn. D. Special Meetings Special meetings of the Planning Commission may be held at any time upon the call of the Chair or by a majority of the voting members of the Commission or upon request of the City Council following at least 24 hours notice to each member of the Commission and to the press. The time and place of the special meeting shall be determined by the convening authority. At least 24 hours prior to the scheduled special meeting, the Community Development staff shall post a notice of the meeting on the City of San Rafael public hearing board, the City website and at the prescribed location of the meeting. E. Annual Meeting The Annual Meeting of the Planning Commission will be held at the first meeting of the calendar year. The meeting will be devoted to the election of a Chair and Vice -Chair for the ensuing year and any other business scheduled by the Commission. F. Study Sessions/Workshops 1. The Commission may be convened as a whole or as a committee of the whole in the same manner as prescribed for the calling of a special meeting for the purpose of holding a study session, provided that no official action shall be taken and no quorum shall be required. 2. Such meetings shall be open to the public. G. Notification Public Hearings and Discussion Items - Notice of the time, place/ items to be considered and action pending shall be given in accordance with the requirements of the City Code and State Law. H. Agenda 1. An agenda for each meeting of the Commission shall be prepared by the Community Development Director or staff in consultation with the Chair. 2. A staff report shall be prepared for each item and -distributed to the Planning Commission and made available to the public a minimum of 72 hours prior to a regular meeting. 3. A copy of the agenda shall be posted in City Hall 72 hours before a regular meeting. 4. Items not appearing on the agenda cannot be acted upon or discussed by the Commission. However, the Commission may take action under the following circumstances: a. If the Commission finds, by majority vote, that an emergency situation must be addressed. An "emergency situation" is limited to work stoppages and crippling disasters; b. If by a two-thirds vote (or a unanimous vote if two-thirds of the members are not present), there is a need to take immediate action and the need for action came to the attention of the Commission and staff after the agenda was posted. Prior to discussing such items, the Commission shall publicly identify the item and shall provide the public an opportunity to provide comment on the item. 5. Members of the public may address the Commission on any agenda item, and may, at the beginning of the meeting, address the Commission on any issue that is not listed on the agenda, provided that the issue is within the jurisdiction and powers of the Planning Commission. 4 I. Order of Meetings 1. The Order of business shall be as follows: a. The Chair shall take the chair at the hour appointed for the meeting and shall immediately call the meeting to order. b. The Chair shall lead a pledge of allegiance. c. Members present and absent shall be recorded. d. The order of the agenda shall be approved as submitted or revised by a majority vote of the Commissioners present. e. The public shall be advised of the procedures to be followed in the meeting including the protocol and time frames for public comment. f. Any member of the audience may comment on any matter which is not listed on the agenda. g. The minutes of any preceding meeting shall be submitted for review and approval by a majority vote of the Commissioners present at that preceding meeting. h. The Commission shall then hear and act upon those proposals scheduled for consideration or public hearing. L Director's Report. j. Commission Communications. k. Adjournment. 2. Presentation or Hearing of Proposals The following shall be the order of procedure for hearings/discussion items concerning planning and zoning matters: a. The Chair shall announce the subject of the public hearing/discussion item, as noticed. b. If a request is made for continuance, a motion may be made and voted upon to continue the public hearing to a definite time and date (noticing not required) or a time and date to be determined (re -noticing required). c. Order of Speaking. The order of speaking shall be as follows: 1. Staff provides a report on the project and summarizes its compliance with San Rafael's General Plan, compliance with State laws and the City Code, the status of environmental review, and the staff recommendation for action(s) by the Commission. 2. The public hearing is opened. 3. The applicant makes a presentation to the Commission. 4. The public speaks to the Commission. 5. The Commission obtains final facts or clarification from staff, the applicant or the public. 5 6. The public hearing is closed. 7. The matter is returned to the Commission for discussion and action. d. Rules of Testimony The rules of testimony shall be as follows: 1. Upon opening the public hearing, the Chair shall invite the public to speak by inviting each speaker (one -at -a -time) to approach the podium. On large or controversial projects where many people wish to provide public testimony, the Chair may request that speaker cards be filled -out and submitted. 2. Persons presenting testimony to the Commission are requested to identify themselves by name and place of residence. 3. Persons presenting testimony to the Commission shall be limited to three (3) minutes for their presentation. An extension of this time limit may be granted at the Chair's discretion. 4. If there are numerous people in the audience who wish to participate on the issue and it is known that all represent the same opinion, a spokesperson should be selected to speak for the entire group. At the Chair's discretion, the spokesperson may be granted additional time beyond the three (3) minute limit for his or her presentation. 5. To avoid unnecessary repetitive evidence, the Chair may limit the number of speakers or the time on a particular issue. 6. Irrelevant, defamatory, or disruptive comments will be ruled out of order. 7. No person shall address the Commission without first securing the permission of the Chair. 8. All comments shall be addressed to the Commission. All questions shall be made or directed through the Chair. e. Applicant Presentations Applicant presentations shall comply with the guidelines developed by the Planning. Commission. Applicants shall be limited to a maximum of ten (10) minutes for their presentation, inclusive of all members of the applicant's team (if applicable). An extension of this time limit may be granted at the Chair's discretion. J. Motions 1. A motion to adjourn shall always be in order except during roll call. 2. The Chair of the Commission, or other presiding officer, may make and second motions and debate from the Chair subject only to such limitations of debate as are imposed on all members of the Commission. K. Voting 1. Voting Requirements a. A quorum shall consist of four members. G b. The affirmative vote of a majority of the quorum present is necessary for the Commission to take action on all matters other than those listed under Section c below. c. Certain votes of the Commission require a majority vote of the entire Commission (4 votes) to carry. These are: ■ Adoption or amendment of a General Plan or any part thereof. ■ Adoption or amendment to any Neighborhood or Specific Plan or any part thereof. ■ Adoption or amendment to the Zoning Ordinance of the City Code or amendment thereto. ■ Adoption or amendment to a site-specific master plan for a Planned Development (PD) District. ■ Other actions as required under federal or state law. (These will be dealt with as they arise.) d. When a member of the Commission abstains from voting on any matter before it because of a potential conflict of interest, because the Commissioner does not believe he/she can be objective, or because the Commissioner was absent at any previous hearing on an item, said vote shall not constitute nor be considered as either a vote in favor of or opposition to the matter being considered. Abstentions shall not be allowed for any other reason. e. A tie vote shall be recorded as a failure of action to pass. A tie vote on a motion defeats the motion. 2. Roll Call Vote Any Commissioner, the applicant or an appellant can request a roll call vote. 3. Recording of Votes The minutes of the Commission's proceedings shall show the vote of each member, including whether they were absent, abstained from voting, or failed to vote on a matter considered. 4. Disqualification from Voting A member shall disqualify himself/herself from voting in accordance with the State Political Reform Act and other applicable state law. When a member is disqualified, he/she shall state, prior to the considerations of such matter by the Commission that the member is disqualifying himself/herself due to a possible conflict of interest and shall then leave the voting area. III. Review and Amendments Procedure A. These Rules of Procedure shall be reviewed at the Annual Meeting of each year. On, an ad hoc basis, the chair may appoint a subcommittee to review these rules prior to the meeting. The review subcommittee shall present their recommendations for 7 amending or not amending these rules. Minor changes may be brought forward by staff for the Commission's consideration. B. In addition, these Rules of Procedure may be amended at any meeting of the Planning Commission by a majority of the membership of the Commission provided that notice of the proposed amendment is received by each Commissioner not less than 5 days prior to said meeting. (Approved May 9, 2000. Revised February 26, 2002, December 14, 2004, May 29, 2007, January 27, 2009) R:\Comm Development- Resource\Planning\Planning Commission\Rules and Procedures\2009 ReviewTC Rules and Procedures - Adopted Revisions 1-27-09.doc DESIGN REVIEW BOARD MEETINGS — 2018 LIAISON Months Commission Liaison January 3 (Wednesday) & 17 (Wednesday) February 6 & 21 (Wednesday) March 6 & 20 April 3 & 17 May 8&22 June 5 & 19 July 3 & 17 August 7 & 21 September 5 (Wednesday) & 18 October 2 & 16 November 7 (Wednesday) & 20 December 4 & 18 Notes: • Chair does not serve as liaison • All DRB meetings are the 1St and 3rd Tuesday of each month, starting with the first full week (a week includes a Monday). • All dates above are Tuesday's except as noted. If there is a holiday on Monday, the DRB meeting gets pushed to Wednesday for that week.