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HomeMy WebLinkAboutPlanning Commission 2017-10-24 Agenda Packet AGENDA SAN RAFAEL PLANNING COMMISSION REGULAR MEETING TUESDAY, October 24, 2017, 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 1400 FIFTH AVENUE SAN RAFAEL, CALIFORNIA • Sign interpreters and assistive listening devices may be requested by calling 415/485-3085 (voice) or 415/ 485-3198 (TDD) at least 72 hours in advance. Copies of documents are available in accessible formats upon request. • Public transportation to City Hall is available through Golden Gate Transit, Line 20 or 23. Paratransit is available by calling Whistlestop Wheels at 415/454-0964. • To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products. Any records relating to an agenda item, received by a majority or more of the Agency Board less than 72 hours before the meeting, shall be available for inspection in the Community Development Department, Third Floor, 1400 Fifth Avenue, and placed with other agenda-related materials on the table in front of the Council Chamber prior to the meeting. THE PLANNING COMMISSION WILL TAKE UP NO NEW BUSINESS AFTER 11:00 P .M. AT REGULARLY SCHEDULED MEETINGS. THIS SHALL BE INTERP RETED TO MEAN THAT NO AGENDA ITEM OR OTHER BUSINESS WILL BE DISCUSSED OR ACTED UPON AFTER THE AGENDA ITEM UNDER CONSIDERATION AT 11:00 P.M. THE COMMISSION MAY SUSPEND THIS RULE TO DISCUSS AND/OR ACT UPON ANY ADDITIONAL AGENDA ITEM(S) DEEMED APPROPRIATE BY A UNANIMOUS VOTE OF THE MEMBERS PRESENT.APPEAL RIGHTS: ANY PERSON MAY FILE AN APPEAL OF THE PLANNING 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. CALL TO ORDER PLEDGE OF ALLEGIANCE RECORDING OF MEMBERS PRESENT AND ABSENT APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS PUBLIC NOTIFICATION OF MEETING PROCEDURES URGENT COMMUNICATION Anyone with an urgent communication on a topic not on the agenda may address the Commission at this time. Please notify the Community Development Director in advance. CONSENT CALENDAR 1. Minutes 10/10/17 PUBLIC HEARINGS 2. 39 Larkspur Street – Request for a Use Permit and Environmental Design Review to legalize an existing 24-Hour Towing Company, addition of a sliding gate, and a parking modification to convert the required loading zone to additional parking; APN: 018-012-09; CCI/O Zone; Ken, Applicant; Universal Portfolio LTD, Owner; Case Numbers: ED17-004 and UP16-023. Project Planner: Alan Montes 3. 1848 Fourth Street (Pond Farm Brewery) – Appeal of the Zoning Administrator’s September 13, 2017 action, conditionally approving a Use Permit to allow a Brew Pub with Live Entertainment and Outdoor Dining within an existing developed site; APN: 010-291-35; WEV (West End Village) Zoning District; Noah Gift, Appellant; Stephanie and Trevor Martens applicant/1801 Eastshore LLC, Owner; Case Number(s): AP17-005/UP17-022/OL17-004. Project Planner: Alicia Giudice .DIRECTOR’S REPORT COMMISSION COMMUNICATION ADJOURNMENT I. Next Meeting: November 14, 2017 II. I, Anne Derrick, hereby certify that on Friday, October 20, 2017, I posted a notice of the October 24, 2017 Planning Commission meeting on the City of San Rafael Agenda Board. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, October 10, 2017 Regular Meeting San Rafael Planning Commission Minutes For a complete video of this meeting, go to http://www.cityofsanrafael.org/meetings CALL TO ORDER Present: Jack Robertson Barrett Schaefer Mark Lubamersky Jeff Schoppert Sarah Loughran Berenice Davidson Absent: Larry Paul Also Present: Raffi Boloyan, Planning Manager Alicia Giudice, Contract 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 9/26/17 Barrett Schaefer moved and Mark Lubamersky seconded to approve Minutes as presented. The vote is as follows: AYES: Jack Robertson, Barrett Schaefer, Mark Lubamersky, Jeff Schoppert, Sarah Loughran, Berenice Davidson NOES: None ABSTAIN: None ABSENT: Larry Paul PUBLIC HEARINGS 2. 629 Lindaro Street (Tail Haven) –Appeal of the Zoning Administrator’s August 23, 2017, action to conditionally approve a Use Permit to allow a an Animal Care Facility within an existing developed site; APN: 013-061-05; LMU (Lindaro Mixed Use) Zoning District; Charles Brown, Appellant; Emily Rannow, applicant/Garbarino Investments, owner ; Case Number(s): AP17- 007/UP17-018. Project Planner: Alicia Giudice . Staff Report Jeff Schoppert moved and Sarah Loughran seconded to uphold Zoning Administrator decision approving project and denying appeal. The vote is as follows: AYES: Barrett Schaefer, Mark Lubamersky, Jeff Schoppert, Sarah Loughran, Berenice Davidson NOES: Jack Robertson ABSTAIN: None ABSENT: Larry Paul DIRECTOR’S REPORT COMMISSION COMMUNICATION ADJOURNMENT ___________________________________ ANNE DERRICK, Administrative Assistant III APPROVED THIS_____DAY____OF_______, 2017 _____________________________________ Berenice Davidson, Chair Community Development Department – Planning Division Meeting Date: October 24, 2017 Agenda Item: Case Numbers: ED17-004 and UP16-023 Project Planner: Alan Montes – (415)485-3397 REPORT TO PLANNING COMMISSION SUBJECT: 39 Larkspur Street – Request for a Use Permit and Environmental Design Review to legalize an existing 24-Hour Towing Company, addition of a sliding gate, and a parking modification to convert the required loading zone to additional parking; APN: 018-012- 09; CCI/O Zone; Ken, Applicant; Universal Portfolio LTD, Owner; Case Numbers: ED17- 004 and UP16-023 EXECUTIVE SUMMARY The application is for a Use Permit to legalize an existing Towing Business, Corte Madera Towing, a parking modification to convert the required loading zone, and a Design Review for the sliding gate and restriping of the parking lot. Through the review process and as conditioned, staff recommends that that the required findings to approve the applications can be met. RECOMMENDATION It is recommended that the Planning Commission adopt a resolution conditionally approving the Use Permit and Environmental and Design Review for the towing business, conversion of the loading zone to additional parking, and the sliding gate. PROPERTY FACTS Address/Location: 39 Larkspur Street Parcel Number(s): 008-082-47 Property Size: 28,055sq. ft. Neighborhood: Canal Site Characteristics General Plan Designation Zoning Designation Existing Land-Use Project Site: LI/O (Light Industrial/Office) CCI/O (Core Canal Industrial/Office) Industrial Building - Towing business/ Warehouse uses. North HDR HDR (High Density Residential) High Density Residential Apartment Building South LI/O CCI/O Industrial manufacturing and warehousing East LI/O CCI/O Office Building West LI/O CCI/O Auto body Repair REPORT TO PLANNING COMMISSION - Case No: ED17-004 and UP16-023 Page 2 Site Description/Setting: The subject site is 28,055-square foot lot, located approximately 100’ west from the intersection of Kerner Blvd. and Larkspur St. The site is currently developed with a 16,566-sq. ft. warehouse building. The structure is currently occupied by three business, Lilitab LLC (warehousing for tablet kiosks), 360 Fitness Superstore (warehousing for fitness equipment), and Corte Madera Tow (Vehicle Towing). The site has an access easement allowing access to 27 Larkspur’s rear parking lot. Across the street from 39 Larkspur is a high-density apartment complex. BACKGROUND The proposed use, Corte Madera Tow, relocated from outside the City of San Rafael to 39 Larkspur St. in the first half of 2014 and was sent notice that a Planning Commission Use Permit is required for a towing business in June 2014. The notice was left unanswered. In early 2016, it was brought to the Planning Division’s attention that the business was still in operation and a revised letter was sent to the business stating that the use needs to be abated or a Use Permit needs to be applied for. In April 2016, the applicant submitted for a use permit, with a filled-out application, a check, but no plans. Staff immediately deemed the application incomplete and the applicant resubmitted with plans on May 11, 2016. During project review the proposal went through five completeness reviews, before being deemed complete. During the reviews staff identified the addition of a sliding chain-link gate that was installed without review or permits, between June 2013 and May 2014 and that the parking lot on the site had also been modified from what was originally approved. The loading zone had been converted into additional parking spaces, between the months of March 2016 and August 2016. In February 2017, the property management company submitted for the Environmental and Design Review, in conjunction to Corte Madera Tow’s Use Permit application, for the electric sliding gate and a parking modification to convert the loading zone into additional parking. PROJECT DESCRIPTION The project proposes the following:  A 24-hour emergency towing, roadside assistance business with inside vehicle storage.  No vehicles are to be stored outside.  The site is open to the public from 8am to 5pm Monday to Friday.  The business has six (6) tow trucks, that are serviced on-site, and a maximum of eight (8) employees working at a given time.  Ancillary repair of fleet tow vehicles.  The outside parking is limited to employees and customers only, no outdoor storage. The use originally proposed parking on the driveway along the western end of the property. However, the Department of Public Works prohibited parking in that location due to safety concerns, backing out onto Larkspur Street.  Conversion of the loading zone, located in the rear of the property, to eight (8) additional parking spaces.  A new sliding chain-link gate along the front (setback 17’6” from the curb cut). The gate is required to remain open during business hours, by the Department of Public Works. ANALYSIS San Rafael General Plan 2020 Consistency: Staff has evaluated the project and found it to be generally consistent with General Plan 2020. Applicable sections of the General Plan 2020 are discussed below: REPORT TO PLANNING COMMISSION - Case No: ED17-004 and UP16-023 Page 3  Policy LU-23 (Land Use Map): The project site has a Land Use Designation of Light Industrial/Office. This designation allows motor vehicle service, contractor uses and yards, distribution, warehousing/storage, office uses and region serving retail. The proposed use would be consistent with the land use designation as the use would fall between motor vehicle service and warehousing/storage, which are both consistent with the intent of the LI/O designation.  Policy NH-8b (Additional On-Site Parking): This policy encourages creating additional on-site parking in neighborhoods with excessive on street parking. By removing the dedicated loading zone the site can increase the on-site parking by eight (8) parking spaces. The Canal neighborhood is experiencing excessive on street parking and additional off street parking should be encouraged.  Policy NH-49 (Conflicting Uses) and NH-10 (Nuisance Noise): This policy requires new business locating adjacent to residential areas to minimize nuisance noise impacts. Given the 24/7 operation of the proposed use and the proximity to high density residential staff is concerned regarding the noise impacts. However, as conditioned the noise impacts in the evening hours should minimize any potential nuisance noise.  CD-10a (Visual Compatibility): This policy requires that new structures are visually compatible with the neighborhood. The sliding chain link gate is common throughout Larkspur Street. The following properties have similarly designed fences: 49 Larkspur, 63 Larkspur, 80 Belvedere (rear), 100 Larkspur. However, there are also a few examples of high-quality iron fences, such as: 55 Larkspur and 91 Larkspur. Staff finds that the current proposed fence is acceptable, but a higher quality fence could be desired for the site.  Policy CD-15 (Participation in Project Review): The project has been noticed to the public, consistent with all requirements, and all public correspondence has been noted and provided to the Commission in the Neighborhood Correspondence section of the report.  Policy CD-21 (Parking Lot Landscaping): The proposal will not modify the existing parking lot landscaping. See Zoning Ordinance Consistency 14.18.160, below, for more details Zoning Ordinance Consistency: Staff has evaluated the project and found it to be generally consistent with General Plan 2020. Applicable sections of the General Plan 2020 are discussed below:  14.06.010 (Specific purposes - Core Canal Industrial/Office District): The proposed use is consistent with the intent of CCI/O zoning district as the zoning district is intended for light industrial, automotive service and small-scale office uses.  14.06.020 (Land Use Regulation): Towing Businesses are conditionally permitted in the CCI/O zoning district, subject to Planning Commission approval of a Use Permit.  14.16.140 (Fences and Walls): The project proposes a new sliding gate located at the entrance of the parking lot. The code requires all nonresidential fencing to acquire an administrative design review to ensure conformance to the design and development standards for the district. However, in this district there are no defined standards for fencing. Upon reviewing the neighborhood, it appears that the majority of the industrial fencing consists of chain link fencing with a few exceptions that have used wrought iron.  14.18.040 (Parking Requirements): The proposed use requires a parking ratio of one (1) parking space for every 500-sq. ft. of gross building sq. ft. (1:500). However, the change in use REPORT TO PLANNING COMMISSION - Case No: ED17-004 and UP16-023 Page 4 does not constitute an increase in parking as the prior use, warehousing, has the same parking requirement 1:500 as an industrial use such as a Towing Business (1:500). The applicant is also requesting a parking modification to replace the required loading zone with eight (8) new parking spaces. This request is discussed further in 14.18.050, below.  14.18.050 (Off-street loading and unloading): A facility of this size is required to have one (1) 12’x65’ loading zone. The facility was constructed with the required loading zone, located in the rear of the parking lot. However, between 2013 and 2014 the required loading zone had been converted into additional parking, without permits. The Department of Public Works and the Planning Division have no objections to the conversion of the loading zone, as the loading zone has had a history of not being used for loading purposes. Dating back to 1997, the City has record of the loading zone being used as outdoor storage and parking.  14.18.100 (Parking space dimensions): The proposed parking spaces comply with the required parking space dimensions for 9’x19’ and 8’x16’ for compact spaces.  14.18.110 (Compact spaces—Allowable percentage): The proposal complies with the allowable percentage of compact spaces, which allows a maximum of 30% of the required spaces to be compact. The proposal identifies five (5) compact spaces, whereas a maximum of 6 would be allowed. The compact will be conditioned to be labeled compact.  14.18.130 (Parking facility dimensions and design): The proposed parking spaces meet the City requirements of providing 9’x19’ for standards parking spaces and 8’x16’ for compact spaces and the new spaces meet the 26’ backup space requirement.  14.18.160 – (Parking lot screening and landscaping): When an existing parking lot is substantially renovated, meaning that paving material and curbing is removed and the resulting lot is reconfigured, the parking lot is required to come into compliance with the parking lot screening and landscaping ordinance. Given the extent of work proposed for the lot staff would not considered the modifications significant, as the proposal does not propose to remove paving material or curbing.  14.25.050 – (Review Criteria): The design review criteria for fences states that fences shall be used to screen parking and loading areas, refuse collection areas and mechanical equipment from view. However, there is no suggestion of materials or colors for fencing. The existing fences fronting Larkspur Street are primarily composed of chain-link fences and there’s a few properties with iron fences. Given the predominant use of chain-link fencing in the neighborhood staff finds the proposed fence appropriate. However, staff finds that it would be suitable to require a higher quality fence, such as iron as it is found in the neighborhood, if desired by the Commission. DESIGN REVIEW BOARD RECOMMENDATION The project was not referred to the Design Review Board, as staff determined that the proposed modifications (sliding gate and restriping) are minimal and do not propose new construction or improvements to the physical building. ENVIRONMENTAL DETERMINATION The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Sections 15301(c) and 15301(l)(4) of the CEQA Guidelines which exempts existing facilities and new accessory structures, such as fences. REPORT TO PLANNING COMMISSION - Case No: ED17-004 and UP16-023 Page 5 NEIGHBORHOOD MEETING / CORRESPONDENCE 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 subject site, the appropriate neighborhood groups (Marin Villa- Canal Housing Alliance and Canal Area Property & Business Owners Association), and all other interested parties, 15 calendar days prior to the date of this hearing. At the time staff’s report was printed and distributed, the Planning Division received no public comments because of noticing. OPTIONS The Planning Commission has the following options: 1. Approve the applicants project as presented (staff recommendation) 2. Approve the application with certain modifications, changes or additional conditions of approval. 3. Continue the applications to allow the applicant to address any of the Commission’s comments or concerns 4. Continue the applications and refer to the Design Review Board for recommendations on the sliding gate and parking lot modification 5. Deny the project and direct staff to return with a revised Resolution for denial EXHIBITS 1. Vicinity Map 2. Draft Resolution 3. Letters from applicant 4. Plans RESOLUTION NO. 17- RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING A USE PERMIT (UP16-023) AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED17-004) FOR LEGALIZATION OF A 24 HOUR TOWING BUSINESS, NEW SLIDING GATE AND PARKING MODIFICATION TO REPLACE LOADING ZONE WITH EIGHT NEW PARKING SPACES LOCATED AT 39 LARKSPUR ST APN: 008-082-47 WHEREAS, on June 19, 2014, the Planning Division mailed a letter to Ken Walker, of Corte Madera Tow, that the proposed towing business requires the application for and approval of a Use Permit by the Planning Commission. WHEREAS, on April 27, 2016, the business owner, Ken Walker, submitted for a Use Permit application to legalize the existing towing business, Corte Madera Tow, at 39 Larkspur St in the Core Canal Industrial Office District; and WHEREAS, on February 2, 2017, the Property Owner, Universal Portfolio LTD submitted an Environmental and Design Review for the sliding gate; and WHEREAS, on July 27, 2107, the Planning Division deemed the application complete for processing; and WHEREAS, upon reviewing the application, the project has been determined to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301(C) and 15301(1)(4) of the CEQA Guidelines which exempts existing facilities and new accessory structures, such as fences; and WHEREAS, on October 24, 2017, the San Rafael Planning Commission held a duly noticed public hearing on the proposed Use Permit (UP16-0236) and Environmental and Design Review Permit (ED17-004), accepting all oral and written public testimony and the written report of the Community Development Department staff. NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following findings relating to the Use Permit (UP16-023) and Environmental and Design Review Permit (ED17-004): Findings Use Permit (UP16-023) 1. The proposed project would be in accord with the following applicable General Plan 2020 Policies: Land Use Policies LU-9 (Intensity of Nonresidential Development), LU-12 (Building Heights), LU-16 (Building and Automotive Services) and LU-23 (Land Use Map and Categories) in that the proposed towing business: a) would utilize an existing building and no - 2 - additional development proposed; b) would be located in an area zoned for automotive and service industries and finding them important to San Rafael’s economy and the convenience of its residents; and c) would be consistent with the type of land uses allowed by the Light Industrial Land Use designation. Neighborhood Policies NH-8b (Additional On-Site Parking), NH-49 (Conflicting uses) and NH-79 (Building and Automotive Services) given that the towing business: a) is proposing to convert an existing loading zone to increase the additional onsite parking by eight additional parking spaces, though a parking modification; b) is conditioned to mitigate potential nuisance noise; and c) would also provide a site for a needed automotive service use. Safety Policy S-12 (Hazardous Materials Storage, Use and Disposal) since the towing use will have ancillary repair of fleet vehicles they are required to operate consistent with the appropriate regulations for hazardous materials and disposal. Noise Policy N-10 (Nuisance Noise) as conditioned will mitigate potential nuisance noises coming from the site. Air and Water Quality Policy AW-7 (Local, State and Federal Standards) given that the proposed towing use would be required to comply with all local, state and Federal standards for water quality in how damaged vehicles are stored. 2. The proposed project would meet the objectives and provisions of the Zoning Ordinance, the purposes of Chapters 6 Industrial Districts – Core Canal Industrial (CCI/O) District, 18 Parking, and 22 Use Permits and applicable site, architecture, and landscape design criteria and guidelines in that a towing business: 1) is allowed in the CCI/O District with the approval of a Use Permit; 2) would increase the amount of on-site parking for the specific use; 3) has been reviewed in accordance with Chapter 22 Use Permits of the Zoning Ordinance; and 4) has been conditioned to mitigate potential impacts to the subject site and the surrounding area. 3. The proposed use, together with the conditions applicable thereto, would 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 because the site is designated for light industrial uses and the proposed towing business would not result in undue health hazards or significant environmental impacts. In addition, the project has been reviewed by all appropriate agencies and conditioned accordingly to avoid any such effects. Findings Environmental and Design Review Permit (ED17-004) A. The project qualifies as a Class 1 Categorical Exemption from the provisions of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15301(c) and 15301(l)(4), which exempts existing facilities and new accessory structures, - 3 - such as fences. The project is not pre-empted by any of the Exceptions listed in the CEQA Guidelines B. The project design is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of Zoning Ordinance Chapter 25 (Design Review) given that the project complies with General Plan Policy CD-10a (Visual Compatibility) and the design criteria in Chapter 25 which requires fencing materials to be similar throughout the neighborhood. The chain-link style of sliding gate can be found throughout Larkspur Street (49 Larkspur, 63 Larkspur, 80 Belvedere, 100 Larkspur (across from 125 Larkspur), and the condo complex at the intersection of Canal St and Larkspur Street). C. The project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the district in which the site is located given that the parking lot restriping meets the parking dimension standards and the proposed gate materials are found within the Canal Neighborhood. D. As conditioned, the project design minimizes adverse environmental impacts by requirng the gate to be open during business hours and for the employees and fleet vehicles operating outside the regular business hours to utilize remotes to control the gate to minimize queuing in the Right-of-Way. The addititional onsite parking will also increase the amount of available street parking, by allowing employees and customers to be able to park on-site as opposed to utilizing street parking. E. The project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity because the project has been reviewed by the appropriate agencies and conditioned accordingly. BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Rafael approves the Use Permit (UP16-023) and Environmental and Design Review Permit (ED17-004), subject to the following conditions: Conditions of Approval Use Permit (UP16-023) Fire Prevention Bureau 1. The design and construction of all site alterations shall comply with the 2016 California Fire Code and City of San Rafael Ordinances and Amendments. 2. A building permit is required for the proposed work. Applications shall be accompanied by three (3) complete sets of construction drawings to include: (larger projects require 4 sets of construction drawings) a. Fire sprinkler plans (Deferred Submittal to the Fire Prevention Bureau) Permit F1409-012. - 4 - Community Development Department, Building Division 3. The occupancy classification (in mixed occupancies-each portion of the building shall be individually classified), construction type and square footage of each building shall be specified on the plans. a. Depending on use, a rated separation may be required. 4. Indicate on the building permit plans whether the building has fire sprinklers or not. 5. This will be considered an enclosed parking garage. In the parking garage, mechanical ventilation will be required capable of exhausting a minimum of .75 cubic feet per minute per square foot of gross floor area CMC Table 4-4. 6. In the parking structure, in areas where motor vehicles are stored, floor surfaces shall be of noncombustible, nonabsorbent materials. Floors shall drain to an approved oil separator or trap discharging to sewers in accordance with the Plumbing Code and SWIPP. 7. Since some repair work will be done, note that all repair garages require oil and flammable liquid interceptor per CPC Section 1017 and CFC Section 2211.2.3 for drainage and disposal of liquids and oil-soaked waste. For minor change in use, the requirement for a separator might be waived where the applicant institutes (a) an EPA “Preferred Floor Cleanup Method” and (b) berms are placed at doors. 8. Repair garages shall be mechanically ventilated. The ventilation system shall be controlled at the entrance to the garage CBC 406.6.3. 9. A building permit is required for all unpermitted improvements and change of occupancy 10. A Building Permit shall be applied for within 60 days of Use Permit approval and a building permit shall be obtained within 180 days. Community Development Department, Planning Division 11. All proposed/unpermitted signage shall require a sign permit or be removed. 12. The public hours of operation for the business shall be 8am to 5pm. 13. No vehicles towed by this operation shall be stored on the public right of-way or outdoors. 14. All vehicles, including fleet vehicles, shall be stored within the building. 15. No loading or staging of vehicles shall take place in the right-of-way. - 5 - 16. No outdoor loudspeakers, amplified devices or backup bells/sirens on the tow truck vehicles shall be operated between the hours of 7:00 p.m. and 7:00 a.m., seven days a week. Backup bells/sirens on tow truck vehicles that are required by State of Federal law are allowed and not subject to this restriction. 17. The front roll-up door shall remain closed between the hours of 7:00 p.m. and 7:00 a.m. to minimize noise to the adjacent residents. 18. The site shall be kept free and clear of litter and trash at all times. Adequate measures shall be taken for the collection, storage, and removal of garbage, litter or debris from the site to the satisfaction of the Planning Division. 19. The driveway accessing the roll-up door fronting Larkspur St. shall not be used as parking. 20. Signage shall be provided to designate a customer parking area and that the customer parking space shall not be occupied by staff or vehicle storage. 21. There shall be no outside storage of any kind, including company vehicles, permitted on the site without applying for an Environmental and Design Review and Use Permit amendment. 22. Waste oils and other materials shall be disposed of properly and not discharged into the storm drain or sewer system. 23. Ancillary repair of fleet vehicles utilized by the permitted towing company is permitted on site. 24. This Use Permit approval (UP16-023) shall be valid for one (1) year from approval or until October 24, 2018, and shall be null and void if a business license is not issued or a time extension granted prior to the expiration date. 25. Should the use cease operation for more than twelve (12) months this Use Permit (UP16- 023) shall become null and void. Department of Public Works 26. The gate shall remain open (not just “unlocked”) during business hours, for customers to access the customer parking areas. 27. The gate shall be remotely controlled. All employees and all work vehicles that operate outside the standard business hours shall have access to remote gate openers to access the gate, in order to minimize queuing and backing up the Right-of-Way. - 6 - Conditions of Approval Environmental and Design Review Permit (ED17-004) Department of Public Works 1. The gate shall remain open (not just “unlocked”) during business hours, for customers to access the customer parking areas. 2. The gate shall be remotely controlled. All employees and all work vehicles that operate outside the standard business hours shall have access to remote gate openers to access the gate, in order to minimize queuing and backing up the Right-of-Way. Community Development Department, Planning Division 3. All landscaping shall be maintained in good condition and any dead or dying plants, bushes, or trees shall be replaced with new healthy stock of a size compatible with the remainder of the growth at the time of replacement. 4. Any modification to the fence/gate or parking lot shall require permission from the San Rafael Planning Division, prior to modification. 5. Compact spaces shall be labeled in parking facilities as compact. 6. The gate shall be maintained in good condition and shall be replaced or repaired if damaged. The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the 24th day of October, 2017. Moved by Commissioner _____________ and seconded by Commissioner ________________. AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS SAN RAFAEL PLANNING COMMISSION - 7 - ATTEST: BY: Paul A Jensen, Secretary Berenice Davidson, Chair Community Development Department – Planning Division Meeting Date: October 24, 2017 Agenda Item: Case Numbers: AP17-005/UP17-022/OL17-004 Project Planner: Ali Giudice (415) 485-3092 REPORT TO PLANNING COMMISSION SUBJECT: 1848 Fourth Street (Pond Farm Brewery) – Appeal of the Zoning Administrator’s September 13, 2017 action, conditionally approving a Use Permit to allow a Brew Pub with Live Entertainment and Outdoor Dining within an existing developed site; APN: 010-291-35; WEV (West End Village) Zoning District; Noah Gift, Appellant; Stephanie and Trevor Martens applicant/1801 Eastshore LLC, Owner; Case Number(s): AP17- 005/UP17-022/OL17-004. EXECUTIVE SUMMARY The project site is located at 1848 Fourth Street where Fourth Street and Second Street begin to merge and within the West End Village neighborhood. The existing development is a 6,300 sq. ft. building with a 1,880 sq. ft. mezzanine and outdoor patio area. The building was previously occupied by the Wooden Duck but is currently vacant. On July 20, 2017, a Use Permit application was filed by the applicants, Stephanie and Trevor Martens, requesting approval to allow a brew pub (Pond Farm) with outdoor dining and live entertainment. On September 13, 2017, the Zoning Administrator held public hearing to consider the Use Permit request. There were approximately 33 people in attendance, some in support of the project and some opposed to the project. In addition, the City received numerous comment letters (both emailed and US mail) in support of and in opposition to the project. Those commenting in support of the project identified the following reasons for their support:  Interested in seeing a family friendly brew pub;  Interest in having a brew pub within walking distance of nearby residents;  Interest in supporting a local business;  A feeling that this business would enhance existing businesses nearby Those commenting in opposition to the project, expressed the following concerns:  Parking - comments expressed include concerns that: the proposed use was not obligated to provide on-site parking; that the use would result in customer parking along the side residential streets or within the parking lots of existing businesses;  Loading- comments expressed include a concerns that there is no loading area identified or required.  Noise- comments expressed include concerns that: noise would result from live entertainment; noise would result from patrons of the business and the outdoor dining area; noise would result from the mechanical equipment.  Odor –comments expressed included a general concern about offensive odors from the brewery operation.  Hours of operation The Zoning Administrator summarized the comments and provided a summary of project elements and requirements to be incorporated into the project as conditions of approval to address concerns identified. REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 2 On September 13, 2017, the Zoning Administrator approved the requested Use Permit to allow a brew pub with outdoor dining and live entertainment, subject to conditions of approval. On September 18, 2017, an Appeal to the Zoning Administrator’s September 13, 2017 action was filed by Noah Gift, an adjacent resident/property owner. The basis for the appeal and a staff response, which demonstrates that the appeal has no merit, are provided in the Analysis section below. RECOMMENDATION It is recommended that the Planning Commission adopt the attached Resolution (Exhibit 2) denying the appeal and upholding the Zoning Administrator’s September 13, 2017, action to conditionally approve a Use Permit to allow a brew pub with outdoor dining and live entertainment. PROPERTY FACTS Address/Location: 1848 Fourth Street Parcel Number(s):010-291-35 Property Size: 11,000 sq. ft. Neighborhood:West End Village Tenant Space size 6,300 sq. ft. Site Characteristics General Plan Designation Zoning Designation Existing Land-Use Project Site: West End Village (WEV) WEV Vacant commercial building North: Medium Density Residential (MDR) Duplex Residential (DR) Vacant, Duplex, and Single family South: WEV WEV Gas Station/Convenience Store East: WEV WEV Hardware/Nursery Store West: WEV WEV Office building Site Description/Setting: The project site is a developed 11,000 sq. ft. property containing an approximately 6,300 sq. ft. building with 1,880 sq. ft. of mezzanine space and 1,080 sq. ft. outdoor patio area. The property is located within the West End Village Neighborhood and within the Downtown West End and Environs parking area. The property is surrounded by the following uses:  To the south beyond the Fourth Street right-of-way is a gas station with convenience store, with medium, high density and single family residential along Second St and further to the south.  To the north, directly uphill from the property is a two unit residential building. The property to the northwest is vacant and the property to the northeast is a single-family residence. The areas directly to the north is designated for medium density residential  To the east beyond the patio, is a hardware and nursery store.  To the west are two office buildings. BACKGROUND On July 20, 2017, the City received an application for a Brew Pub with outdoor dining and live entertainment. The application packet was routed to city departments as well as the State Department of Alcoholic Beverage Control and the West End Village Neighborhood Association. The City received comments from the San Rafael Sanitation District, the Fire Department, and the Department of Public REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 3 Works. These comments were in the form of recommended conditions that should be incorporated as part of a building permit submittal. Zoning Administrator Action: On September 13, 2017, the City of San Rafael, Zoning Administrator held a duly noticed public hearing to consider the request for a Use Permit (UP17-22) to allow a Brew Pub with Live Entertainment and Outdoor Dining (OL17-004). There were approximately 33 people in attendance some in support of the project and some opposed to the project (see Exhibit 4 for sign in sheet). In addition, the City received numerous emails and letters both in support and in opposition to the project (see Exhibit 8) before the hearing. Issues raised in writing and by those in attendance included the following:  Parking and loading - comments expressed include concerns that: the proposed use was not obligated to provide on-site parking; that the use would result in customer parking along the side residential streets or within the parking lots of existing businesses; a concern that there is no loading area identified or required.  Noise - comments expressed include concerns that: noise would result from live entertainment; noise would result from patrons of the business and the outdoor dining area; noise would result from the mechanical equipment.  Odor – comments expressed included a general concern about offensive odors from the brewery operation.  Hours of operation-The hours of operation concerns were also related to the Noise issue discussed above. The applicant responded to concerns raised and identified ways that the business would operate to address these concerns. The Zoning Administrator then addressed the comments and cited those which are consistent with City zoning regulations and conditions of approval that would be included to address other potential issues After taking public testimony, hearing the applicant’s response, and responding to questions, the Zoning Administrator approved the requested use with conditions of approval added to address those concerns. Appeal of the Zoning Administrators Action: On September 18, 2017, a timely appeal was filed by Noah Gift a property owner/resident above the subject site at 43 El Camino Ave. A copy of the appeal letter is included as Exhibit 5. The points of the appeal along with a staff response are provided in the Analysis section below. PROJECT DESCRIPTION The applicant requests is for Use Permit approval to allow a Brew Pub with outdoor dining and live entertainment, within an existing commercial building located in the West End Village neighborhood. Specifics of the project are listed below: Hours of Operation/Business hours:  Sunday through Thursday 12:00pm to 10:00 pm  Friday and Saturday 12:00pm to 11:00pm Operation Components  Brewhouse (approximately 1,086 sq. ft.) -this area is used for brewing and keg washing station.  Taproom (approximately 3,440 sq. ft.) –This area contains the bar and customer use areas.  Brick Room (approximately 475 sq. ft.)- This area will be used for dry storage and employee parking. REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 4  Back Room (approximately 1,230 sq. ft.) – this area will contain the walk-in refrigerator, general storage, and kitchen area.  Mezzanine (approximately 1805 sq. ft.) this area will be used for dry storage and office space  Site Patio (approximately 1,080 sq. ft.) this area is proposed for customer seating (750 sq. ft.) and trash area.  Front Patio (approximately 150 sq. ft.) this area is proposed within the sidewalk will be used for customer seating.  Number of employees - There will be approximately of 5 employees with 11 Full Time Equivalent. (NOTE: this is not a limitation of the use) ANALYSIS Analysis of Use Permit Request Consistency San Rafael General Plan 2020: The Zoning Administrator evaluated the project and found it to be consistent with the following applicable General Plan 2020 Policies and Programs:  Policy LU-23 (Land Use Map): The project site is located within the West End Village General Plan Land Use Designation and WEV (West End Village) Zoning District. The Land Use Designation is intended for retail, including neighborhood serving retail and restaurants and has existed since the 1990s. The proposed uses include a Brew Pub, Live Entertainment, and Outdoor Dining. These uses are permitted pursuant to Zoning Code Section 14.05.022, with a Conditional Use Permit by the Zoning Administrator, which implements the WEV General Plan land use designation.  Policy N-4 (Noise from New Nonresidential Development). General Plan Policy N-4 establishes limits for new potential noise sources. This policy establishes a maximum noise level of 60 dBA(Ldn) or no more than a 3 dBA (Ldn) increase, whichever is more restrictive. This policy is implemented by section 14.16.260 (Noise standards) of the Zoning Ordinance. In addition, Chapter 8.13 of the San Rafael Municipal Code establishes maximum noise levels for residential properties. Conditions of project approval require compliance with the maximum noise limits established under the noise ordinance. A condition of project approval requires the applicant to comply with the City’s noise limits by limiting levels from exceeding 3 dBA. In addition, conditions of approval were included to require the applicant to minimize noise as follows: – The applicant shall submit a noise study within 30 days of initiating the use of the rooftop chiller. The Noise Study shall provide ambient noise levels and noise levels resulting from use of the chiller. If the noise levels show that there is an increase of more than 3 dBA, the noise study shall identify appropriate noise reduction measures. These noise reduction measures shall be implemented within 60 days initiating the use (COA #3). – Amplified music that exceeds the noise levels outlined in Section 14.16.260 of the Zoning Ordinance shall not be allowed (COA #5). – Live entertainment shall not occur outside (COA #6) – The applicant shall identify a person or persons designated to manage noise complaints. Contact information shall be posted as informational signage in front of the building and provided to nearby residents and building occupants (located within 300 feet). All noise related tenant complaints shall be directed to the property owner (COA #7). REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 5 Consistency with Zoning The Zoning Administrator evaluated the project and found it to be consistent with the following applicable Zoning ordinance sections.  Section 14.16.260-Noise Standards: The above language from GP Policy N-4, has been adopted as part of the Zoning Ordinance Section 14.16.260-Noise Standards. This language is also included as part of the conditions of approval for the project to assure that noise impacts from new rooftop equipment and live entertainment are adequately addressed. In addition, conditions of approval limit the use of the outdoor dining area to the hours between 12pm to 9pm Sunday through Thursday and between 12pm to 10 pm Friday and Saturday. Lastly, the applicant will be required to identify a person or persons designated to manage noise complaints. Contact information shall be posted as informational signage in front of the building and provide to nearby residents and building occupants (within 300 feet).  Section 14.18.061 - Downtown's West End and environs: The project site is located within the Downtown's West End environments parking area pursuant to the San Rafael Zoning Code Section 14.18.061 - Downtown's West End and environs, which states the following: Parking for all land uses in Downtown's West End and environs as defined in Section 14.03.030 and depicted on Diagram B of Section 14.03.030 [following definition of Downtown's West End and environs] shall be provided consistent with the following: A. No additional off-street parking is required for changes in land use and/or the re-tenanting all or a portion of building square footage, as existing on the date of adoption of this provision (June 2010). Parking for changes in land use and/or re-tenanting shall be provided by the parking spaces located on the public streets and on public lots located within this area. Pursuant to Section 14.03.030, Downtown's West End and environs encompasses an area generally defined as being located along Fourth Street, between D and Second Streets, and includes the properties designated as West End Village (WEV) and Fourth Street Retail Core (4SRC) Zoning District, as shown on the following map: Based on the above zoning sections and related map that shows the property is located within the Downtown’s West End and Environs, the applicant is not required to provide additional parking REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 6 beyond that existing within the public streets and within public parking lots. Nonetheless the Zoning Administrator required a condition a project approval that obligates the applicant to inform employees and patrons of the business about alternate modes of transportation including public transit, biking, walking, and private ride programs and to provide information signage at the interior of the building.  Section 14.18.240 - Grandfathered parking: Loading facilities are deemed to be grandfathered pursuant to City of San Rafael Zoning Ordinance Section 14.18.240, which states the following: No use of land lawfully existing on the effective date of the ordinance codified in this title shall be considered nonconforming solely because of the lack of off-street parking, loading or bicycle facilities prescribed in this chapter. As such, no designated loading and unloading is required. However, as with all public streets within the City, the project site is subject to ongoing monitoring by the Traffic Coordinating Committee. The City reserves the right to conduct ongoing monitoring of all city streets and may require measures at any time as deemed necessary to assure safety, at the discretion of the Public Works Director.  Section 14.17.110 Outdoor Eating Areas: The project is subject to performance standard established by Section 14.17.110 Outdoor Eating Areas Proposed in Conjunction with Food Service Establishments. Applicable performance standards have been added as conditions of approval. Summary of Appeal AP17-005 and Staff Responses A copy of the September 18, 2017 appeal letter filed by Noah Gift, is included as Exhibit 5. The points of the appeal are summarized below in (Bold/italics), and are followed by a staff response. Appeal Point 1 –The Zoning Administrator Evaluation of Issues The appellant notes that the Zoning Administrator did not adequately address the issues raised. Response: Staff disagrees with this appeal point. The Zoning Administrator identified that the issues raised at the meeting were similar to those presented in written comments to the City prior to the meeting. These issues include concerns about parking, loading facilities, noise, odor, and hours of operation. The Zoning Administrator addressed these issues in the following way: PARKING - Comments related to parking expressed prior to and at the meeting included concerns that: the proposed use was not obligated to provide on-site parking; that the use would result in customer parking along the side residential streets or within the parking lots of existing businesses; As discussed in the Analysis of Use Permit section above, the Zoning Administrator evaluated the project’s consistency with parking requirements and found it to be consistent with Sections 14.18.061-Downtown's West End and environs because the project was within the Downtown’s West End and Environs boundary as show in Section 14.03.030 (definition of Downtown's West End and environs). As such the applicant was not obligated to provide additional parking. Nonetheless, in response to those concerns raised the Zoning Administrator identified the need for the applicant to be proactive in provided employees and patrons with information on alternate modes of transportation. To that end, the Zoning Administrator required Condition of Approval #2, which reads as follows:  As part of the ongoing operation of the Brewery use, the applicant shall inform employees and customers about the concerns raised regarding parking; Prior to opening, the applicant shall install informational signs (preferably near the entry) within the interior of the building encouraging customers and employees to use alternate REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 7 methods of transportation, including walking, biking, public transit and private ride programs. LOADING FACILITIES - comments expressed include concerns that there is no loading area identified or required. As discussed in the Analysis of Use Permit section above, the Zoning Administrator noted that loading facilities are considered grandfathered pursuant to City of San Rafael Zoning Ordinance Section 14.18.240. As such, designated loading facilities were not required for the project. However, the applicant was informed that the site would be subject to ongoing monitoring by the Traffic Coordinating Committee, as is the case with all other streets within the City and that the city may require measures, as deemed necessary to assure safety, at the discretion of the Public Works Director. NOISE- comments expressed include concerns that: noise would result from live entertainment; noise would result from patrons of the business and the outdoor dining area; noise would result from the mechanical equipment. The Zoning Administrator stated the need to add conditions of approval to assure that noise levels would not exceed those allowed by the Municipal Code. The Zoning Administrator specifically noted the project would be subject to Zoning Code Section 14.16.260-Noise Standards, which limits increases in noise levels to no more than 3dBA. In addition, Zoning Administrator identified the following required noise-related conditions of approval (COA):  The applicant shall submit a noise study within 30 days of initiating the use of the rooftop chiller. The Noise Study shall provide ambient noise levels and noise levels resulting from use of the chiller. If the noise levels show that there is an increase of more than 3 dBA, the noise study shall identify appropriate noise reduction measures. These noise reduction measures shall be implemented within 60 days initiating the use (COA #3).  Amplified music that exceeds the noise levels outlined in Section 14.16.260 of the Zoning Ordinance shall not be allowed (COA #5).  Live entertainment shall not occur outside (COA #6)  The applicant shall identify a person or persons designated to manage noise complaints. Contact information shall be posted as informational signage in front of the building and provided to nearby residents and building occupants (located within 300 feet). All noise related tenant complaints shall be directed to the property owner (COA #7). ODOR –comments expressed included a general concern about offensive odors from the brewery operation. The Zoning Administrator noted that the City does not have odor related standards. As such no odor related conditions of approval were required. HOURS OF OPERATION- concerns raised at the Zoning Administrator hearing related to hours of operation were primarily related to noise. The Zoning Administrator initially stated that no limitations on hours of operation would be required. However, hearing the concerns raised, the Zoning Administrator decision includes a limitation on the use of the outdoor dining areas as follows:  The outdoor eating areas shall be limited to the hours of 12pm to 9pm Sunday through Thursday and 12pm to 10pm Friday and Saturday (COA 8.h.). REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 8 Appeal Point 2 – Not Enough Time at the Hearing to Discuss Issues The appellant notes that the there were too many people present at the meeting to allow time for discussion of the issues. Response: Staff disagrees with this appeal point. Zoning Administrator hearing allowed time for each person in attendance to provide public testimony. Despite having approximately 33 people in attendance, there were no time limits placed on the public testimony portion of the meeting. All those wishing to speak were afforded the right to speak with no limitation on time. In addition, multiple comments were received prior to the hearing in the form of letters, emails and phone calls. All those were considered and are part of the record. As noted above, the Zoning Administrator summarized the concerns expressed and identified conditions of approval that would become part of the project. Appeal Point 3 – Location is Unsuitable for Alcohol Related Business The appellant notes a concern that the location is not suitable due to lack of parking, and difficult to maneuver given the proximity to the intersection. In addition, later in the letter the appellant notes that the Zoning Administrator did not include an analysis of the high level of sensitivity for those living upslope of the site. Response: Staff disagrees with this appeal point as discussed below. SUITABILITY OF SITE - the project site is located within the West End Village General Plan Land Use Designation and WEV (West End Village) Zoning District and has had this designation since the 1990s. . This designation allows retail uses, including neighborhood serving retail and restaurants. Section 14.05.022 of the Zoning Code permits Brew Pubs as well as Live Entertainment, and Outdoor Dining with a Conditional Use Permit by the Zoning Administrator. The application materials were routed to other City Departments as well as the California Department of Alcoholic Beverage Control (ABC). The City received comment letters by the Fire Department, the San Rafael Sanitation District, and the Department of Public Works (See Exhibit 9). Each of these comments letters included a list of standard conditions that would apply to the project. These were incorporated as Condition of Approval #16-18 of the Zoning Administrator’s approval. In summary, the applicant will need to:  Pay appropriate sewer connection fees (COA #16);  Demonstrate compliance with the 2016 California Fire Code as amended by the City of San Rafael (COA #17);  Assure adequate water supply for fire suppression purposes is available (COA #17.d);  Obtain an encroachment permit for any work within the right-of-way (COA #18.a);  Assure that deliveries occur during off-peak hours (COA #18.b.); and  Provide ongoing communication to employees and patrons regarding parking options (COA #18.c). No comment letter was provided by ABC. However, the City still reached out to ABC officials on several occasions prior to the ZA hearing to confirm 1) if ABC had any concerns with the use of their issuance of a license; and 2) if there were additional requirements ABC would like the City to impose as part of the Use Permit process. ABC indicated that there were no concerns and the required ABC alcohol application process would begin after the City has completed the Use Permit process. HIGH LEVEL OF SENSITIVITY - The Zoning Code characterizes the West End Village District a place where a variety of goods and services should be encouraged but notes that limits on late night activity should be imposed. There is no definition for late night activity; however, Chapter 8.13 of the municipal code defines "Nighttime" as meaning “the period between nine p.m. (9:00 p.m.) and seven a.m. (7:00 a.m.) Sunday through Thursday and between ten p.m. (10:00 p.m.) and seven a.m. (7:00 REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 9 a.m.) on Friday and Saturday.” As such the Zoning Administrator placed a limit on the Outdoor Dining consistent with these limitations as part of Condition of Approval 8.h, which reads: The outdoor eating areas shall be limited to the hours of 12pm to 9pm Sunday through Thursday and 12pm to 10pm Friday and Saturday. By placing a limit to those hours that are considered “night time”, the zoning administrator has by default captured those hours considered “late night.” In addition, Conditions of Approval #3 through #7 and Condition of Approval #18.b. impose limitations on the project by requiring the following:  Submittal of a noise study that demonstrates compliance with the Noise Ordinance and requires implementation of measures necessary to reduce noise levels.  Allows the live entertainment component of the business only after the food service component has been initiated (COA #2).  Prohibits amplified music that exceeds the noise levels (COA #5).  Prohibits live entertainment outside (COA #6).  Requires designation of a person to manage noise complaints and requires notification of that person to those living within 300 feet of the project site (COA #7).  Deliveries shall be limited to off-peak hours (COA #18.b). Appeal Point - 4 Parking The appellant notes a concern for lack of available parking and asks for a parking study before any additional re-tenanting within the West End Village neighborhood. In addition, the appellant questions methodology used in adoption of Zoning Code Section 14.18.061. Response: As noted in the project Analysis section above, the project site is located within the Downtown's West End environments parking area pursuant to the San Rafael Zoning Code Section 14.18.061 - Downtown's West End and environs, which states the following: Parking for all land uses in Downtown's West End and Environs as defined in Section 14.03.030 and depicted on Diagram B of Section 14.03.030 [following definition of Downtown's West End and environs] shall be provided consistent with the following: A. No additional off-street parking is required for changes in land use and/or the re-tenanting all or a portion of building square footage, as existing on the date of adoption of this provision (June 2010). Parking for changes in land use and/or re-tenanting shall be provided by the parking spaces located on the public streets and on public lots located within this area. As such, the Zoning Administrator was not able to require additional parking for re-tenanting of the building located at 1848 Fourth Street. Nonetheless, Condition of Approval # 2 requires the applicant to inform and encourage employees and customers to use alternate methods of transportation; including walking, biking, public transit and private ride programs. With regard to methodology used in adoption of Downtown’s West End and Environs -Zoning Code Section 14.18.061: The project involves a Use Permit request to allow a Brew Pub with Live Entertainment and Outdoor Dining, which is exempt from providing any additional off street parking. Neither the Zoning Administrator nor the Commission, have the authority to change existing sections of the Zoning Code or revise prescribed methods used to formulate these regulations without initiating a zone change. REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 10 Appeal Point – 5 Traffic/Pedestrian/Bike Safety The appellant notes a concern for pedestrian and bike safety due to traffic and loading activities Response: Staff disagrees for the following reason. The proposed application was routed to other City Departments including the Department of Public Works (DPW). DPW provided comments in a memorandum dated August 7, 2017, which requires the following:  Deliveries shall be made during off-peak hours.  Due to the location the applicant shall communicate parking limitation to employees and customers. Customers shall not use private parking located at nearby sites without permission of the respective property owners. Bike facilities are recommended. These comments were added as conditions of approval (COA#18) of the Zoning Administrators action. In addition, the applicant was informed that the City’s Traffic Coordinating Committee (TCC) conducts ongoing monitoring of all City Streets. The City reserves the right to conduct ongoing monitoring of all city streets and may require measures at any time as deemed necessary to assure safety, at the discretion of the Public Works Director. Appeal Point – 6 Fire Safety The appellant notes a concern that the use would have an impact on Fire Safety. Response: Staff disagrees with this appeal point. The project application was routed to other City Departments including the San Rafael Fire Department. Fire Department comments were provided in a memorandum dated August 1, 2017, which obligates the applicant to comply with 2016 California Fire Code (see COA #17). The applicant will need to demonstrate compliance through inclusion of the following in the building permit submittal:  Fire Sprinkler Plans  Fire Standpipe Plans  Fire Alarm Plans  Kitchen Hood Automatic Fire-Extinguisher System Plans In addition, the applicant will be required work with Marin Municipal Water District to assure adequate water supply for fire suppression is available. Appeal Point – 7 Noise The appellant notes a concern about noise generated from different sources on-site and that all equipment needs to be identified. Response: This topic was partly discussed under Appeal Point 1 above. In summary, the Zoning Administrator noted the following required noise-related conditions of approval (COA):  The applicant shall submit a noise study within 30 days of initiating the use of the rooftop chiller. The Noise Study shall provide ambient noise levels and noise levels resulting from use of the chiller. If the noise levels show that there is an increase of more than 3 dBA, the noise study shall identify appropriate noise reduction measures. These noise reduction measures shall be implemented within 60 days initiating the use (COA #3).  Amplified music that exceeds the noise levels outlined in Section 14.16.260 of the Zoning Ordinance shall not be allowed (COA #5).  Live entertainment shall not occur outside (COA #6) REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 11  The applicant shall identify a person or persons designated to manage noise complaints. Contact information shall be posted as informational signage in front of the building and provided to nearby residents and building occupants (located within 300 feet). All noise related tenant complaints shall be directed to the property owner (COA #7). With respect to identification of specific equipment used: Those types of details are not usually known at the time of a Use Permit, as complete detailed building permit plans are not yet prepared. Those details are required as part of the building permit review phase of a project. The Building Division has review authority over placement of equipment in compliance with building code. Regardless, the above measures will serve to reduce noise levels as required by the Zoning Code. Appeal Point – 8 Light Pollution The appellant notes a concern about excess light and glare from the proposed use given the large windows and use of televisions. Response: There are four homes that are located to the south, beyond Fourth Street and Second Street, with a possible direct line of site to the project site. The building located on the project site has large windows that are oriented to the south toward the residential homes. This issue was not raised by any member of the public prior to or at the Zoning Administrator hearing and therefore, no conditions of approval were required. However, upon further analysis including review of vicinity maps and site visits, staff disagrees with this appeal point for the following reasons:  The residential properties are located across two separate roadways, Fourth Street and Second Street.  A gas station is located between the two streets. This gas station contains two approximately 670 square foot canopies and an approximately 320 square foot convenience store.  Each of the canopies is equipped with soffit lighting and the convenience store contains interior lighting as well as exterior lighting.  There are a number of existing street lights along both sides of Second Street and on both sides of Fourth Street. Appeal Point – 9 Hours of Operation The appellant notes a concern that the project would not be in compliance with limits on late night activity as noted in Zoning Code Section 14.05.010. Response: Staff disagrees with this appeal point. This item was discussed under Appeal Point 3 above. Zoning Code Section 14.05.010 characterizes the West End Village District as a place where a variety of goods and services should be encouraged, but notes that limits on late night activity should be imposed. While late night activity is not defined, the Noise Ordinance (Chapter 8.13) defines "Nighttime" as meaning “the period between nine p.m. (9:00 p.m.) and seven a.m. (7:00 a.m.) Sunday through Thursday and between ten p.m. (10:00 p.m.) and seven a.m. (7:00 a.m.) on Friday and Saturday.” As such, the Zoning Administrator added a condition of approval (COA #8.h) to limit hours of operation for the outdoor dining areas to no later than 9pm Sunday through Thursday and no later than 10pm Friday and Saturday, with the intent of capturing “late night” activity by capturing the time that is defined as “nighttime” by the Noise Ordinance. In addition, the applicant will be required to comply with Zoning Code Section 14.16.260-Noise Standards as a condition of approval (COA 5). As with all uses within the City, the applicant is also obligated to comply with the City’s Noise Ordinance Chapter 8.13. REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 12 Appeal Point – 10 Odor and Ventilation The appellant notes that the Zoning Administrator did not address odor and ventilation Response: Staff disagrees with this appeal point. Odor was brought up at the hearing and the Zoning Administrator stated that the City did not have standards that address odor. In addition, the Zoning Administrator responded to questions regarding other regulatory agencies that may regulate odor. The Zoning Administrator noted that based on outreach to the Bay Area Air Quality Management District (BAAQMD), the project did not meet the thresholds for requiring a permit from BAAQMD. After further discussion with BAAQMD, some of the brewing equipment and food service equipment may be subject to review during the Building Permit phase. No additional conditions of approval are proposed at this time. Appeal Point – 11 Outdoor Dining The appellant notes a concern the outdoor dining would exceed 25% of the indoor seating area. Response: Staff disagrees with this appeal point. Although the applicant proposes approximately 750 square feet of outdoor seating within the on-site patio and another 150 square feet of outdoor seating within the public sidewalk, Condition of Approval (COA #8b.) restricts outdoor seating to no more than 25% of the indoor seating area. The applicant is required to provide final seating area calculations as part of the building permit submittal phase. Appeal Point – 12 Impacts on family The appellant notes a concern for impacts on families due to noise. Response: This issue is addressed in Appeal Points #7 and #3 above. Conditions of approval were added as part of the Zoning Administrator’s decision to address noise. In addition, the applicant is obligated to comply with the City’s Noise Ordinance (Chapter 8.13). Appeal Point – 13 Saturation of Bars on Fourth The appellant notes a concern that there are too many alcohol related businesses in San Rafael. Response: The Department of Alcoholic Beverage Control regulates alcohol related business and places limits on licenses in any area that has an undue concentration of retail licenses. Undue concentrations are based on data maintained by ABC with respect to crime rates and ratios of existing licenses verses population by census tract. If an undue concentration exists, ABC may still issue a license if the local agency first grants a Public Convenience or Necessity (PCN) . Staff has reached out to ABC on multiple occasions and received confirmation that a PCN would not be required for the proposed project. The applicant will be required to obtain an ABC license directly from ABC and ABC has their permitting and regulatory process, which is separate from that of the City’s. Appeal Point – 14 Lack of Support from Community The appellant notes a the project has no support from the community Response: Approximately 33 people attended The Zoning Administrator hearing. Some were in support and some were opposed to the project. The Zoning Administrator allowed public testimony from all in attendance. The Zoning Administrator’s decision was based on the fact that the required findings to grant a use permit in support of the project could be made with inclusion of Conditions of Approval which serve to address concerns noted in written comments received before the hearing and those oral comments received during the public testimony portion of the meeting. In addition, the City’s Zoning Ordinance identifies land uses and whether they are permitted, conditionally permitted or not allowed in certain zoning districts. If a use is permitted, the city has no discretionary REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 13 authority over a use. In the West End Village, there are numerous uses that are permitted by right, so as Table 14.05.022 is the land use table for the zones that include West End Village. For example, restaurants with or without a bar, or live entertainment, are a permitted use. That means, a restaurant use with a ancilliary bar, could occupy this space in the WEV zoning, without any sort of discretionary process or public hearing. Other uses, such as the brew pub, are conditionally permitted uses (at a Zoning Administrator level). Conditionally permitted uses are uses that are generally acceptable uses for a certain zoning district, but given the nature of the use, they are required to go through a case-by-case review. Use permits are required for uses which may be suitable only in specific locations in a zoning district or which require special consideration in their design, operation or layout to ensure compatibility with surrounding uses. Public hearings are not about conducting a straw poll or public vote on whether a use should be allowed. There is a process and required findings prescribed by the zoning ordinance, which must be followed. Public hearings are intended to be a forum to review a specific use, accept public comment and if there are appropriate and substantiated concerns, the decision making body can add conditions of approval and consider whether the findings to grant the permit can be made. Appeal Point – 15 Discrepancies The appellant notes that there are a few discrepancies in the report: Response The reference to Site Patio is correct as the Zoning Administrator intended to differentiate between the patio within the sidewalk versus the patio located within the project site. Staff agrees with other items (discrepancies) noted in the appeal and provides the following clarifications:  The applicant proposes a start time of 12:00pm, not 11am as stated in the Zoning Administrator’s Notice of Decision under project description .  The applicant has noted that there will be 11 Full Time Equivalent employees. However, they expect approximately 5 employees at one time. The City does not regulate the number of employees that a business is to maintain and typically provides this in the project description for informational purposes only.  The Zoning Administrator meeting minutes identifies the Brick Room as an area to be used for “dry storage and employee parking.” This is incorrect as no employee parking will be provided on-site. Conclusion Based on responses provided above, staff finds that there is no merit to the appeal points presented by the appellant. Therefore, it is recommended that the appeal be denied and that the Zoning Administrator’s Conditional Approval of Use Permit (UP17-022) to allow a Brew Pub with Live Entertainment and Outdoor Dining (OL17-004) be upheld. ENVIRONMENTAL DETERMINATION The project proposes to re-tenant an existing, developed space. This activity is deemed to be categorically exempt from environmental review per California Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities). REPORT TO PLANNING COMMISSION - Case Nos: AP17-005/UP17-022/OL17-004 Page 14 NEIGHBORHOOD MEETING / CORRESPONDENCE Notice of the Zoning Administrator and the Planning Commission hearings were completed in accordance with the noticing requirements contained in Chapter 14.29 (Zoning- Public Notice) of the San Rafael Municipal Code. A Notice of Public Hearing was mailed to all property owners and occupants within a 300-foot radius of the subject site and other interested individuals, 15 calendar days prior to the date of all meetings, including this hearing. The City has received numerous comment letters both prior to the Zoning Administrator hearing and prior to distribution of the Planning Commission staff report. Comment letters received to date are included as Exhibit 8 of this staff report. OPTIONS The Planning Commission has the following options: 1. Deny the appeal and uphold the Zoning Administrator’s September 13, 2017, conditional approval of the Use Permit (staff recommendation); 2. Deny the appeal and uphold the Zoning Administrator’s approval of the Use Permit with additional modifications, changes or conditions of approval; 3. Grant the appeal and thereby overturn the Zoning Administrator’s September 13, 2017, conditional approval and direct staff to return with a revised Resolution; or 4. Continue the matter to address comments or provide additional information requested by the Planning Commission. EXHIBITS 1. Vicinity/Location Map and Reduced-size Plan Set 2. Draft Resolution 3. Applicants submittal packet, dated July 20, 2017 4. Zoning Administrator Meeting minutes and decision, September 13, 2017 5. Appeal letter from Noah Gift, received September 18, 2017 6. Zoning Administrator public notice and mailing list 7. Planning Commission public notice and mailing list 8. Public Comment Letters received to date 9. Comment letters received by City Departments 10. Applicant response letter, dated October 19, 2017 1 RESOLUTION NO. ___ RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION DENYING AN APPEAL (AP17-005) AND UPHOLDING THE ZONING ADMINISTRATOR’S SEPTEMBER 13, 2017, CONDITIONAL APPROVAL OF A USE PERMIT (UP17-022) TO ALLOW A BREW PUB WITH LIVE ENTERTAINMENT AND OUTDOOR DINING (OL17-004) WITHIN AN EXISTING DEVELOPED SITE AT 1848 FOURTH STREET (APN 010-291-35) WHEREAS, the applicants, Stephanie and Trevor Martens, filed an application for a Use Permit (UP17-022) to allow a Brew Pub with Live Entertainment and Outdoor Dining (OL17- 004) at 1848 Fourth Street; and WHEREAS, following City staff review of the proposal, the Use Permit application was scheduled for review and action by the Zoning Administrator. On September 13, 2017, the Zoning Administrator held a duly noticed public hearing on the Use Permit application. The Zoning Administrator hearing was attended by approximately 33 people that included the applicant, and those opposed to and in support of the project. Following public testimony, the Zoning Administrator: a) closed the public hearing; b) summarized the concerns expressed; and c) identified conditions of approval that would be appropriate for addressing concerns; and WHEREAS, on September 13, 2017, the Zoning Administrator issued a Notice of Action conditionally approving Use Permit (UP17-022) for a Brew Pub with Live Entertainment and Outdoor Dining (OL17-004). The approval action was based on: a) facts and findings and supported by the response to comments and questions raised by the public; and b) subject to conditions of approvals included in the Notice of Action. This notice was sent to the applicant, the property owner and others expressing an interest in the project; and WHEREAS, on September 18, 2017, the appellant, Noah Gift, filed a timely appeal of the Zoning Administrator’s action; and WHEREAS, on October 24, 2017, the Planning Commission held a duly noticed public hearing to review and consider the Appeal (AP17-005) to the Zoning Administrator’s approval of a Use Permit (UP17-022) to allow a Brew Pub with Live Entertainment and Outdoor Dining (OL17-004), and considered all oral and written public testimony and the written report of the Community Development Department; and WHEREAS, the project has deemed to be exempt from environmental review per California Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities); and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community Development Department. The records of proceedings include the “Notice of Zoning Administrator Action” with attachments dated September 13, 2017. NOW, THEREFORE BE IT RESOLVED, that the Planning Commission hereby denies the Appeal (AP17-005) and upholds the Zoning Administrator’s September 13, 2017 approval of Use Permit (UP17-022) to allow a Brew Pub with Live Entertainment and Outdoor 2 Dining (OL17-004). The Planning Commission finds and determines that the points of the appeals cannot be supported for the following reasons: Findings for Denial of Appeal AP17-005 Appeal Point 1: Evaluation of Issues Raised That the Zoning Administrator did not adequately address the issues raised. The Planning Commission has reviewed, considered and agrees with the staff response to this appeal point presented in the Report to the Planning Commission dated October 24, 2017. The Planning Commission finds that the Zoning Administrator identified that the issues raised by the Public, which include issues related to parking, loading facilities, noise, odor, and hours of operation, and that these concerns were adequately addressed by inclusion of Conditions of Approval to address parking (COA #2); loading facilities (COA18.b.); Noise (COA #3, #5, #6 and #7); and hours of operation (COA#8.h.). In addition, the Planning Commission finds that the City does not regulate odor and therefore the Zoning Administrator was correct in not requiring odor controls. Appeal Point 2: Not Enough Time for Discussion That there were too many people present at the meeting to allow time for discussion of the issues. The Planning Commission has reviewed, considered and agrees with the staff response to this appeal point presented in the Report to the Planning Commission dated October 24, 2017. The Planning Commission finds that the Zoning Administrator allowed time for each person in attendance to provide public testimony. Despite having approximately 33 people in attendance, the Zoning Administrator did not place time limits on any individual during the public testimony portion of the meeting. In addition, the Planning Commission finds that multiple comments received prior to the hearing in the form of letters, emails and phone calls were summarized by the Zoning Administrator and addressed and included as conditions of approval that will become part of the project. Appeal Point #3:Suitability of Site for Alcohol Related Business That the location is unsuitable for alcohol related business and the location requires a high degree of sensitivity The Planning Commission has reviewed, considered and agrees with the staff response to this appeal point presented in the Report to the Planning Commission dated October 24, 2017. The Planning Commission finds that the Zoning Administrator properly identified the General Plan Land Use Designation (West End Village) and Zoning District (WEV) and that this designation allows retail uses, including neighborhood serving retail and restaurants. This designation has existed since the 1990s. Section 14.05.022 of the Zoning Code permits Brew Pubs as well as Live Entertainment, and Outdoor Dining with a Conditional Use Permit by the Zoning Administrator. The Planning Commission also finds that the application materials were appropriately routed to other City Departments as well as the California Department of Alcoholic Beverage Control (ABC) and that comments received including those related to sewer connection (COA#16), fire suppression (COA#17), parking (COA#18 and #2) and loading (COA#18) were incorporated as conditions of approval. The Planning Commission finds that ABC permitting process is separate from the City’s Use Permit process and will begin after the City’s permitting process as indicated by ABC representatives. The Planning Commission also finds that the Zoning Administrator’s inclusion of conditions of approval to minimize noise, including limited 3 hours for the outdoor dining component of the project (COA#8); requiring submittal of noise study (COA #3) limitations on live entertainment (COA #2, #5, #6) and designation of a contact person for noise complaints (COA#7) serve to minimize noise related impacts on neighboring residential properties. Appeal Point - 4 Parking That there is a lack of available parking and that methodology used in a doption of Zoning Code Section 14.18.061 was incorrect. The Planning Commission has reviewed, considered and agrees with the staff response to this appeal point presented in the Report to the Planning Commission dated October 24, 2017. The Planning Commission finds that the Zoning Administrator properly found this property to be within the boundary of the Downtown's West End and Environs as defined in Section 14.03.030 and depicted on Diagram B of Section 14.03.030 and that no additional off-street parking is required for changes in land use and/or the re-tenanting of this building. In addition, the Planning Commission agrees with staff that neither the Zoning Administrator nor the Planning Commission have the authority to change existing sections of the Zoning Code or revised prescribed methods used to formulate these regulations without initiating a zone change. Appeal Point – 5 Traffic/Pedestrian/Bike Safety That the project would result in impacts on pedestrian and bike safety due to traffic and loading activities. The Planning Commission has reviewed, considered and agrees with the staff response to this appeal point presented in the Report to the Planning Commission dated October 24, 2017. The Planning Commission finds that the Zoning Administrator allowed for evaluation of traffic, pedestrian and bike safety by routing the application to the Department of Public Works and that the DPW addressed potential safety concerns by requiring Conditions of Approval (COA #18) which requires deliveries during off-peak hours and ongoing communication with employees and customers regarding parking options. Appeal Point – 6 Fire Safety That the use would have an impact on Fire Safety. The Planning Commission has reviewed, considered and agrees with the staff response to this appeal point presented in the Report to the Planning Commission dated October 24, 2017. The Planning Commission finds the project application was routed to the San Rafael Fire Department. The Fire Department addressed concerns related to fire safety by requiring Conditions of Approval (COA #17) that require compliance with the 2016 California Fire Code and require implementation of fire suppression measures. Appeal Point – 7 Noise That noise generated from different sources on-site including equipment needs to be identified. The Planning Commission has reviewed, considered and agrees with the staff response to this appeal point presented in the Report to the Planning Commission dated October 24, 2017. The Planning Commission find that the Zoning Administrator identified appropriate noise-related Conditions of Approval by requiring a noise study (COA #3), placing limits on amplified music (COA #5) and Live Entertainment (COA#6) and designation of a contact person to manage noise complaints (COA #7). In addition, the Planning Commission agrees that the details related to type mechanical units and placement of mechanical units are typically done at the building permit 4 review phase, and that the Building Division has review authority over placement of equipment in compliance with the building code. Appeal Point – 8 Light Pollution That the project would result in excess light and glare from the proposed use given the large windows and use of televisions. The Planning Commission has reviewed, considered and agrees with the staff response to this appeal point presented in the Report to the Planning Commission dated October 24, 2017. The Planning Commission agrees with the staff report that the proposed project will not re sult in impacts related to light because the existing residential uses are separated from the property by two roadways (Fourth Street and Second Street); there is an existing gas station and convenience store located between the property and the existing residential uses that currently have exterior lighting; and there are a number of street lights on both sides of Second Street and Fourth Street. The Planning Commission finds that the proposed use will not result a substantial increase in lighting directed at these properties. Appeal Point – 9 Hours of Operation That the project would not be in compliance with limits on late night activity as noted in Zoning Code Section 14.05.010. The Planning Commission has reviewed, considered and agrees with the staff response to this appeal point presented in the Report to the Planning Commission dated October 24, 2017. The Planning Commission finds that late night activity is not defined in the Zoning Code. However, the Zoning Administrator’s decision to impose limits on the outdoor dining areas to no later than 9pm Sunday through Thursday and no later than 10pm Friday and Saturday, with the intent of capturing “late night” activity by capturing the time that is defined as “nighttime” by the Noise Ordinance will serve to address limitations on late night activity. The Noise Ordinance (Chapter 8.13) defines "Nighttime" as meaning “the period between nine p.m. (9:00 p.m.) and seven a.m. (7:00 a.m.) Sunday through Thursday and between ten p.m. (10:00 p.m.) and seven a.m. (7:00 a.m.) on Friday and Saturday.” Appeal Point – 10 Odor and Ventilation That the Zoning Administrator did not address odor and ventilation. The Planning Commission has reviewed, considered and agrees with the staff response to this appeal point presented in the Report to the Planning Commission dated October 24, 2017. The Planning Commission finds the Zoning Administrator was correct in finding that that the City does not have standards that address odor and that odor limits are managed by the Bay Area Air Quality Management District. Appeal Point – 11 Outdoor Dining That outdoor dining may exceed 25% of the indoor seating area given the amount of patio space available. The Planning Commission has reviewed, considered and agrees with the staff response to this appeal point presented in the Report to the Planning Commission dated October 24, 2017. The Planning Commission finds that although the applicant proposes approximately 750 square feet of outdoor seating within the on-site patio and another 150 square feet of outdoor seating within the public sidewalk, Condition of Approval (COA #8b.) restricts outdoor seating to no more than 5 25% of the indoor seating area. The applicant is required to provide final seating area calculations as part of the building permit submittal phase. Appeal Point – 12 Impacts on family That the project would result in impacts on families due to noise. The Planning Commission has reviewed, considered and agrees with the staff response to this appeal point presented in the Report to the Planning Commission dated October 24, 2017. The Planning Commission finds conditions of approval were added as part of the Zoning Administrator’s decision to address noise. In addition, the Planning Commission finds that the applicant is obligated to comply with the City’s Noise Ordinance (Chapter 8.13). Appeal Point – 13 Saturation of Bars on Fourth That there are too many alcohol related business in San Rafael. The Planning Commission has reviewed, considered and agrees with the staff response to this appeal point presented in the Report to the Planning Commission dated October 24, 2017. The Planning Commission finds that the Department of Alcoholic Beverage Control regulates alcohol related business and places limits on licenses in any area that has an undue concentration of retail licenses. As described in the staff report to the Planning Commission, undue concentrations are based on data maintained by ABC with respect to crime rates and ratios of existing licenses verses population by census tract and that ABC may still issue a license in areas of “undue concentration” if a Public Convenience or Necessity (PCN) determination can be made. The Planning Commission finds that the City reached out to ABC on several occasions and received confirmation that a PCN would not be required for the proposed project. The Planning Commission also finds that ABC has a permitting and regulatory process that is separate from that of the City’s and they have the authority to grant an alcohol license for a Brew Pub. Appeal Point – 14 Lack of Support from Community The appellant notes a the project has no support from the community. The Planning Commission has reviewed, considered and agrees with the staff response to t his appeal point presented in the Report to the Planning Commission dated October 24, 2017. The Planning Commission finds that there were approximately 33 people in attendance at the Zoning Administrator hearing; some of those in attendance were in support and some were opposed to the project. The Zoning Administrator allowed public testimony from all in attendance. Based on the minutes of the meeting and the Report to the Planning Commission dated October 24, 2017, the Planning Commission finds that the Zoning Administrator’s decision was based on the fact that the required findings to grand a use permit in support of the project could be made with inclusion of Conditions of Approval which serve to address concerns noted in written comments received before the hearing and those comments received during the public testimony portion of the meeting. Appeal Point – 16 Discrepancies That there are a few discrepancies in the report: The Planning Commission has reviewed, considered and agrees with the staff response to this appeal point presented in the Report to the Planning Commission dated October 24, 2017. The Planning Commission finds that clarifications have been properly addressed in the staff report. 6 BE IT FURTHER RESOLVED that the Planning Commission upholds and reaffirms the Zoning Administrator’s September 13, 2017, conditional approval of Use Permit UP17-022 to allow a Brew Pub with Live Entertainment and Outdoor Dining (OL17-004) based on the following findings and subject to the following conditions: Findings for UP17-022/OL17-004 A. That the proposed use is in accord with the general plan, the objectives of the zoning ordinance, and the purposes of the district in which the site is located; The project is located within the West En d Village General Plan Land Use Designation and WEV (West End Village) Zoning District. The Land Use Designation is intended for retail including neighborhood serving retail and restaurants. The proposed uses include a Brew Pub, Live Entertainment, and Outdoor Dining. These uses are permitted pursuant to Section 14.05.022 with a Conditional Use Permit by the Zoning Administrator. General Plan Consistency: Noise-The project is consistent with General Plan policy N-4. Noise from New Nonresidential Development, which establishes noise standards for new nonresidential uses adjacent to residential uses. This policy requires that nonresidential development minimize noise impacts by limiting increases in noise levels in a residential district by no more than Ldn 3 dB, or a maximum of Ldn 60 dB at the property line of the noise receiving use, whichever is the more restrictive standard. Zoning Consistency: Noise- General Plan Policy N-4, has been adopted as part of the Zoning Ordinance Section 14.16.260-Noise Standards. This language i s also included as part of the Conditions of Approval for the project to assure that noise impacts from new rooftop equipment and Live Entertainment are adequately addressed. In addition, Conditions of Approval limit the use of the Outdoor Dining area to the hours between 12pm to 9pm Sunday through Thursday and between 12pm to 10 pm Friday and Saturday. Lastly, the applicant will be required to identify a person or persons designated to manage noise complaints. Contact information shall be posted as informational signage in front of the building and provide to nearby residents and building occupants (within 300 feet). Parking- The project site is located within the Downtown's West End environments parking area pursuant to the San R afael Zoning Code Section 14.18.061 - Downtown's West End and environs, which states the following: Parking for all land uses in Downtown's West End and environs as defined in Section 14.03.030 and depicted on Diagram B of Section 14.03.030 [following def inition of Downtown's West End and environs] shall be provided consistent with the following: A. No additional off-street parking is required for changes in land use and/or the re-tenanting all or a portion of building square footage, as existing on the date of adoption of this provision (June 2010). Parking for changes in land use and/or re-tenanting shall be provided by the parking spaces located on the public streets and on public lots located within this area. 7 “Downtown's West End and environs" enco mpasses an area generally defined as being located along Fourth Street, between D and Second Streets, and includes the properties designated as West End Village (WEV) and Fourth Street Retail Core (4SRC) Zoning District, as shown on the following map: As such, no additional parking is required. Nonetheless a condition a project approval requires the applicant to inform employees and patrons of the business about alternate modes of transportation including public transit, biking, walking, and private ri de programs and to provide information signage at the interior of the building. Loading- Loading facilities are deemed to be grandfathered pursuant to City of San Rafael Zoning Ordinance Section 14.18.240 - Grandfathered parking, which states the following: No use of land lawfully existing on the effective date of the ordinance codified in this title shall be considered nonconforming solely because of the lack of off -street parking, loading or bicycle facilities prescribed in this chapter. As such, no designated loading and unloading is required. However, as with all public streets within the City, the project site is subject to ongoing monitoring by the Traffic Coordinating Committee. The City reserves the right to conduct ongoing monitoring of all city streets and may require measures at any time as deemed necessary to assure safety, at the discretion of the Public Works Director. Outdoor Dining-the project is subject to performance standard established by Section 14.17.110 Outdoor Eating Areas Propos ed in Conjunction with Food Service Establishments. Applicable performance standards have been added as conditions of approval. Light and Glare- The project could result in excessive light and glare from the proposed use to residential homes located on S econd Street. Conditions of Approval (COA #19) will reduce this potential impact on residences by placing limits the placement of light fixtures and television screens and requiring a 90-day post operational lighting review. 8 B That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the city; The project is a use that is per mitted with a use permit. Notices were sent to neighboring property owners and tenants within 300 feet of the project site. As noted in Section A above, conditions of approval address concerns related to parking, noise, and hours of operation. The outdoor dining approval is subject to conditions of approval # 8. With incorporation of these conditions of approval the project is found to be consistent with this finding. C. That the proposed use complies with each of the applicable provisions of the Zo ning Ordinance. The proposed Brew Pub with Live Entertainment and Outdoor Dining are permitted with the applicable WEV Zoning District. Appropriate conditions of approval have been incorporated to assure compliance with provisions of the Zoning Ordinance . Conditions of Approval for UP16-022/OL17-004 1. This Use Permit approves a Brew Pub with Live Entertainment within an 8,180 square foot building (including mezzanine) and Outdoor Dining to be located within the side yard and within the public sidewalk area (subject to limitations established under condition #8 below). The building techniques, materials, elevations, appearance of the project, as presented for approval on plans approved on September 13, 2017, shall be the same as required for issuance of a Building Permit except as modified by these conditions of approval. 2. As part of the ongoing operation of the Brewery use, the applicant shall inform employees and customers about the concerns raised regarding parking; Prior to opening, the applicant shall install informational signs (preferably near the entry) within the interior of the building encouraging customers and employees to use alternate methods of transportation, including walking, biking, public transit and private ride programs. 3. The applicant shall submit a noise study within 30 days of initiating the use of the rooftop chiller. The Noise Study shall provide ambient noise levels and noise levels resulting from use of the chiller. If the noise levels show that there is an increase of more than 3 dBA, the noise study shall identify appropriate noise reduction measures. These noise reduction measures shall be implemented within 60 days initiating the use. 4. Except as permitted by Section 14.03.030 the applicant shall not initiate the live entertainment component of the business until the food service component has been initiated 5. Amplified music that exceeds the noise levels outlined in Section 14.16.260 of the Zoning Ordinance shall not be allowed. 6. Live entertainment shall not occur outside. 9 7. The applicant shall identify a person or persons designated to manage noise complaints. Contact information shall be posted as informational signage in front of the building and provided to nearby residents and building occupants (located within 300 feet). All noise related tenant complaints shall be directed to the property owner. 8. The outdoor dining area shall comply with the following: a. The outdoor eating area shall be conducted as an accessory use to the Brewery. b. The proposed combined area for outdoor eating shall not exceed twenty -five percent (25%) of the indoor seating area. Prior to building permit issuance and execution of the License Agreement with the City, the applicant shall floor plans and site plans accompanied with overall outdoor and indoor eating calculations to demonstrate compliance with this requirement. c. If perimeter barriers are proposed around the outdoor eating area, these barriers shall be temporary/movable fixtures. If a barrier is bolted to a public sidewalk and is subsequently removed, the sidewalk shall be repaired subject to the review and approval of the public works director. d. There shall be no permanent roof, or shelter over the public sidewalk area. Retractable awnings and umbrellas may be used but shall comply with Uniform Building Code requirements. e. All furnishings of the outdoor eating area shall consist only of movable tables, chairs, umbrellas and movable plant pots or planter boxes. f. No refuse structure, enclosure or receptacle shall be erected or placed on a public sidewalk or right-of-way. g. The sidewalk inside the outdoor eating area, the adjacent areas outside of the eating area, and all appurtenances related thereto, shall be steam cleaned or pressure washed on a quarterly basis, and shall be otherwise maintained at all times in good repair and in a clean and attractive condition as determined by the community development director. h. The outdoor eating areas shall be limited to the hours of 12pm to 9pm Sunday through Thursday and 12pm to 10pm Friday and Saturday. i. Prior to initiating the outdoor eating area located within the City sidewalk, the applicant shall enter into a license agreement with the City of San Rafael. 9. These conditions of approval shall be included on first sheet of plans submitted for building permit. 10. The applicant shall comply with all applicable requirements of the San Rafael Municipal Code and of the implementing zone classification of WEV (West End Village) Zoning District. 11. This Use Permit does not approve any signs proposed for the project site. A separate sign permit and fee will be required for any signage for the business. 12. Prior to installation of rooftop mechanical equipment, the applicant shall apply for administrative environmental and design review and shall submit plans that demonstrate appropriate screening as well as noise reduction methods used. 13. Minor modifications or revisions to the project shall be subject to review and approval of the Community Development Department, Planning Division. Modifications deemed not 10 minor by the Community Development Director shall require review and approval by the original decision making body. 14. This Use Permit shall run with the land. This Use Permit shall become null and void if not vested within one (1) year from the date of approval, or no later than September 13, 2018, unless a time extension is granted before that date. Vesting shall include issuance of necessary building permits or commencement of business operations. 15. The applicant shall comply with all applicable requirements of the City, County, State, and other responsible agencies. 16. The applicant shall comply with San Rafael Sanitation District requirements outlined in their memo dated August 15, 2017, which includes the following: a. Prior to issuance of Building Permit, the applicant shall pay the appropriate sewer connection fees for new plumbing fixtures. b. The applicant shall obtain necessary approvals from Central Marin Sanitation Agency and the County of Marin Environmental Health Services. 17. The applicant shall comply with Fire Department Standard Conditions of approval as noted in Memorandum dated August 1, 2017, which includes the following: a. The design and construction of all site alterations shall comply with the 2016 California Fire Code and City of San Rafael Ordinances and Amendments. b. The applicant shall coordinate submittal of plans for the following fire protection systems prior to installation: i. Fire Sprinkler Plans ii. Fire Standpipe Plans iii. Fire Alarm Plans iv. Kitchen Hood Automatic Fire-Extinguisher System Plans c. A recessed mounted Knox Box (#3275) is required at the primary point of first response to the building. Plans for building permit submittal shall show location of Knox Box on plans. The Knox Box shall be clearly visible upon approach to the main entrance from the fire lane, and must be installed between 72” to 78” above finish grade. d. Adequate water supply serving the Fire Protection System shall be verified with Marin Municipal Water District. e. The applicant shall provide exit signage, panic hardware, and emergency backup lighting for all required exit doors. f. Applicant shall provide fire extinguishers per CFC requirements. 18. The applicant shall comply with Department of Public Works (DPW) Standard Conditions of approval as noted in Memorandum dated August 7, 2017, which includes the following: a. Any work within the Right-of-Way shall require an encroachment permit and would include outdoor license review by DPW. Please note that Fourth Street is currently a moratorium street. Work is anticipated at the fuel station located across the street. We recommend that work for this site be coordinated with the adjacent property owner(s) to limit the amount of disruption and roadway repair to the extent feasible. b. Deliveries shall be limited to off-peak hours. 11 c. Due to the location the applicant shall communicate parking limitation to employees and customers. Customers shall not use private parking located at nearby sites without permission of the respective property owners. Bike facilities are recommended. d. A construction vehicle impact fee shall be required at the time building permit is issued. The fee is calculated at 1% of the valuation with the first $10,000 of valuation exempt. The foregoing resolution was at the regular City of San Rafael Planning Commission meeting held on the 24th day of October 2017. Moved by ______________ and seconded by ___________________ AYES: NOES: ABSENT: ABSTAIN: ATTEST: _______________________________ ______________________________ Paul A. Jensen, Secretary Berenice Davidson, Chairman