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HomeMy WebLinkAboutPlanning Commission 2016-08-09 Agenda Packet AGENDA SAN RAFAEL PLANNING COMMISSION REGULAR MEETING TUESDAY, August 9, 2016, 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 though 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 that 72 hours before the meeting, shall be available for inspection in the Community Development Department, Third Floor, 1400 Fifth Avenue, and placed with other agenda-related materials on the table in front of the Council Chamber prior to the meeting. THE PLANNING COMMISSION WILL TAKE UP NO NEW BUSINESS AFTER 11:00 P .M. AT REGULARLY SCHEDULED MEETINGS. THIS SHALL BE INTERPRETED TO MEAN THAT NO AGENDA ITEM OR OTHER BUSINESS WILL BE DISCUSSED OR ACTED UPON AFTER THE AGENDA ITEM UNDER CONSIDERATION AT 11:00 P.M. THE COMMISSION MAY SUSPEND THIS RULE TO DISCUSS AND/OR ACT UPON ANY ADDITIONAL AGENDA ITEM(S) DEEMED APPROPRIATE BY A UNANIMOUS VOTE OF THE MEMBERS PRESENT.APPEAL RIGHTS: ANY PERSON MAY FILE AN APPEAL OF THE PLANNING COMMISSION'S ACTION ON AGENDA ITEMS WITHIN FIVE BUSINESS DAYS (NORMALLY 5:00 P.M. ON THE FOLLOWING TUESDAY) AND WITHIN 10 CALENDAR DAYS OF AN ACTION ON A SUBDIVISION. AN APPEAL LETTER SHALL BE FILED WITH THE CITY CLERK, ALONG WITH AN APPEAL FEE OF $350 (FOR NON-APPLICANTS) OR A $4,476 DEPOSIT (FOR APPLICANTS) MADE PAYABLE TO THE CITY OF SAN RAFAEL, AND SHALL SET FORTH THE BASIS FOR APPEAL. THERE IS A $50.00 ADDITIONAL CHARGE FOR REQUEST FOR CONTINUATION OF AN APPEAL BY APPELLANT. Members of the public may speak on Agenda items. 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, July 26, 2016 PUBLIC HEARING 2. 3105 Kerner Blvd. – Environmental and Design Review and Use Permit for a 61,803 square foot mini- storage building with a caretaker’s residence; APN: 009-122-14; Light Industrial/Office (LI/O) Zoning District; Mathew Guthrie, Applicant; CSRSS – General Partners, Owner; Case Numbers: UP16-007 and ED16-026. Project Planner: Alan Montes DIRECTOR’S REPORT COMMISSION COMMUNICATION: ADJOURNMENT: I. Next Meeting: August 23, 2016. I, Anne Derrick, hereby certify that on Friday, August 5, 2016, I posted a notice of the August 9, 2016 Planning Commission meeting on the City of San Rafael Agenda Board.     IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, July 26, 2016          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: Viktoriya Wise Jack Robertson Barrett Schaefer Berenice Davidson Gerald Belletto Absent: Larry Paul Mark Lubamersky Also Present: Raffi Boloyan, Principal Planner Paul Jensen, CDD Director Caron Parker, Associate Planner Kraig Tambornini, Senior Planner Steve Stafford, Associate Planner   PLEDGE OF ALLEGIANCE   RECORDING OF MEMBERS PRESENT AND ABSENT   PUBLIC NOTIFICATION OF MEETING PROCEDURES   URGENT COMMUNICATION   CONSENT CALENDAR    1. Minutes, May 10, 2016   Barrett Schaefer moved and Jack Robertson seconded to approve Minutes with one minor change to reflect that Barrett Schaefer was not present at that meeting. The vote is as follows:   AYES: Jack Robertson, Berenice Davidson, Gerald Belletto NOES: None ABSTAIN: Viktoriya Wise, Barrett Schaefer ABSENT: Larry Paul, Mark Lubamersky   PUBLIC HEARINGS        2. 21 G St -Time extension request for a previously approved Environmental and Design Review Permit (ED12-058), Variance (V12-002), Exception (EX13-008) and Tentative Map (TS13-002) to allow the construction of 8 three-story residential townhomes on a .24 acre through lot between G Street and Ida Street. No change to the project is proposed. The existing home at 21 G Street would be demolished and replaced with 2 townhomes. The project is also seeking Tentative Map Approval to divide the 8 units into air condominiums, and approval of a Subdivision Exception request to waive the requirement for a recreation building on site; APN: 011-232-10; High Density Residential (HR1) District; David Rasonsky, owner; Stan Camiccia, applicant; File No(s). ED16- 022/TS16-002/V16-004/EX16-004. Project Planner: Caron Parker   21 G Staff Report   Jack Robertson moved and Barrett Schaefer seconded to adopt resolution approving project. The vote is as follows:   AYES: Viktoriya Wise, Jack Robertson, Barrett Schaefer, Berenice Davidson, Gerald Belletto NOES: None ABSTAIN: None ABSENT: Larry Paul, Mark Lubamersky    3. 1200 Grand Ave (Stevens Second Unit) – Request for Use Permit and Second Unit approval to allow an existing one-story detached cottage structure (approx. 20’ by 20’ dimension) located in the required residential rear and side yard setbacks to be used as a one bedroom second dwelling unit. Leonard Stevens, owner/applicant; R-5 Zone District; APN 014 054 23; File No.: SDU 16-003 and UP16-027. Project Planner: Kraig Tambornini   1200 Grand Staff Report   Jack Robertson moved and Barrett Schaefer seconded to approve project as presented. The vote is as follows:   AYES: Viktoriya Wise, Jack Robertson, Barrett Schaefer, Berenice Davidson, Gerald Belletto NOES: None ABSTAIN: None ABSENT: Larry Paul, Mark Lubamersky    4. San Rafael Public Safety Center- 1313 5th Avenue/1039 C Street – Request for Environmental and Design Review Permit and Use Permit to develop a new, 44,000- square-foot Public Safety Center for fire, police and emergency services to replace the existing Fire Station 51 (Downtown Fire Station). The project includes a subterranean garage, public plaza and associated site and landscaping improvements. APNs: 011-205- 04, 011-205-01 and 011-205-17; Public/Quasi-Public (P/QP) and Fifth/Mission Residential/Office (5/MR/O) Districts; City of San Rafael, applicant and property owner; File Nos: ED15-080 and UP15-35. Project Planner: Paul Jensen   1313 5th staff report       Berenice Davidson moved and Jack Robertson seconded to adopt resolution approving Initial Study and Mitigated Negative Declaration. The vote is as follows:   AYES: Viktoriya Wise, Jack Robertson, Barrett Schaefer, Berenice Davidson, Gerald Belletto NOES: None ABSTAIN: None ABSENT: Larry Paul, Mark Lubamersky   Viktoriya Wise moved and Jack Robertson seconded to adopt resolution approving Design Review Permit and Use Permit. The vote is as follows:   AYES: Viktoriya Wise, Jack Robertson, Barrett Schaefer, Berenice Davidson, Gerald Belletto NOES: None ABSTAIN: None ABSENT: Larry Paul, Mark Lubamersky    5. 270 Linden Ln. – Appeal of the Zoning Administrator’s Conditional Approval of an Environmental and Design Review Permit (ED14-052) allowing the construction of a two new, two-story, 3,754 sq. ft., single-family residence on a vacant, 9,340 sq. ft., ‘flag’ lot and associated site improvements, including minor grading, drainage and landscaping; APN: 015-041-56; Single-Family Residential (R7.5) District; Raymond S. Bergante TR, owner; Daniel Stitzel, applicant; File No.: AP16-001. Project Planner: Steve Stafford   270 linden lane staff report   Jack Robertson moved and Berenice Davidson seconded to deny appeal and uphold Zoning Administrator's approval of the project. The vote is as follows:   AYES: Viktoriya Wise, Jack Robertson, Berenice Davidson NOES: None ABSTAIN: Barrett Schaefer ABSENT: Larry Paul, Mark Lubamersky   DIRECTOR’S REPORT   COMMISSION COMMUNICATION   ADJOURNMENT:      ___________________________________ ANNE DERRICK, Administrative Assistant III APPROVED THIS_____DAY____OF_______, 2016 _____________________________________ Gerald Belletto, Chair                               Community Development Department, Planning Division 1400 Fifth Avenue, San Rafael, CA 94901 PHONE: (415) 485-3085/FAX: (415) 485-3184 Meeting Date: August 9, 2016 Agenda Item: Case Numbers: ED16-026 & UP16-007 Project Planner: Alan Montes – (415) 485-3397 REPORT TO PLANNING COMMISSION SUBJECT: 3105 Kerner Blvd. – Environmental and Design Review and Use Permit for a 61,803 square foot mini-storage building with a caretaker’s residence; APN: 009-122-14; Light Industrial/Office (LI/O) Zoning District; Mathew Guthrie, Applicant; CSRSS – General Partners, Owner; Case Numbers: UP16-007 and ED16-026. EXECUTIVE SUMMARY The project is proposing a new ministorage facility with a caretaker’s unit at 3105 Kerner Blvd. The applicant is requesting a 1.0 FAR for mini-storage, plus the caretaker’s unit. Staff believes the findings can be made to support the project and not include the caretaker’s unit as part of the FAR, provided that the project complies with the residential parking standard. RECOMMENDATION It is recommended that the Planning Commission adopt a resolution approving the mini-storage project, with conditions. PROPERTY FACTS Address/Location: 3105 Kerner Blvd. Parcel Number(s): 009-122-14 Property Size: 60,548 sq. ft. Neighborhood: Canal Site Characteristics General Plan Designation Zoning Designation Existing Land-Use Project Site: Light Industrial/Office Light Industrial/Office Temp. Storage North: Light Industrial/Office Light Industrial/Office Auto Repair South: Light Industrial/Office Light Industrial/Office Commercial/Office uses East: Light Industrial/Office Light Industrial/Office Commercial/Office uses West: General Commercial General Commercial Bank/Office REPORT TO PLANNING COMMISSION - Case No: UP16-007/ED16-026 Page 2 Site Description/Setting: The proposed project site is a 60,548 square foot lot located at the south-east corner of Irene and Kerner Blvd. (see Exhibit 1). The neighborhood is a mixture of one- and two-story commercial and industrial buildings with a variety of architectural designs. The current use on the property is a temporary self- storage facility with several dozen shipping containers on-site acting as storage units. BACKGROUND The property has been approved as a temporary (interim use) self-storage since 1992 and has reapplied for several use permit (UP) extensions, as follows. • July 14, 1992. The Planning commission conditionally approved a temporary mini-storage site. The applicant originally wanted to build a warehouse facility, but due to the development restriction at the time, primarily traffic impacts, the City would not support a warehouse facility. The Use Permit was approved until July 14, 1997, at which time it would expire. • August 10, 1998. The UP was extended for two-years and would expire August 10, 2000. It was noted that no more extensions should be permitted • August 10, 2000 to August 29, 2006 the use had continued to operate with an expired UP. • August 29, 2006. The UP was extended for an additional 5 years and would expire August 18, 2011. • Between August 18, 2011 and March 4, 2015 the use had continued to operate with an expired UP. • March 4, 2015. The UP was extended for 10 years and would expire March 4, 2025. The initial approval of the project was granted as an interim use of the property, under the provisions of the prior General Plan 2000 and zoning regulations which limited development potential due to limited traffic capacity in the area. The City has since amended its General Plan and zoning standards to remove traffic demand as a primary land use control. The area remains severely constrained due to limited ability of the nearby intersections to accommodate additional traffic without causing unacceptable traffic congestion conditions. These conditions have remained prevalent for the past 15 years, and the interim use has operated for almost 30 years. It is considered appropriate to pursue a highest and best permanent use of the site. PROJECT DESCRIPTION The project consists of two applications: A Use Permit is required for the caretaker’s unit, a parking modification to reduce the number of loading zones, and to allow for a ministorage facility with a 1.0 FAR. An Environmental and Design Review permit is required for the design of a new three-story, 61,803 sq. ft. industrial building. Site Plan: The site has access from Kerner Blvd. with the entrance located on the north corner of the site. The site will direct traffic to circle the building with exits on Irene St. and Kerner Blvd. The Irene St. exit is proposed to be a right turn only. However Public Works has suggested that the exit onto Irene St. can REPORT TO PLANNING COMMISSION - Case No: UP16-007/ED16-026 Page 3 turn either left or right. There are a total of 17 parking spaces and of those nine (9) will be dedicated loading zones. The parking spaces will be located along the north and west elevations of the site. The parallel parking spaces on the left end of the property can be used in a way to function as a loading zone to meet the minimum dimensions of twelve feet (12′) in width by sixty-five feet (65′) in length. Architecture: The building is proposed to be three (3) stories with an arrangement of overhangs, façade relief, fenestration, and a reduced scale entry to provide points of interest. The exterior building materials include horizontal and vertical pre-finished metal siding and panels, painted concrete masonry ground level walls, and an aluminum storefront. Color samples have been provided and will be presented at the hearing. Landscaping: Existing landscaping along the street frontages will be expanded to depths of 24’ to 36’ and rehabilitated to provide efficient irrigation and drought tolerant planting. Existing mature trees have been maintained except for four (4) that are located in areas for new driveways, infrastructure/site improvements or impair visual identification of vehicular access or building identification. ANALYSIS San Rafael General Plan 2020 Consistency: Land Use Policies The San Rafael General Plan 2020 Land Use Map designates the site as Light Industrial/Office use. This designation states that a mini-storage facility is an appropriate and permitted use. The project is consistent with Land Use Policies LU-12 (Building Height), in that it does not exceed the maximum height of 36 feet. Land Use Policy LU-21 (Ministorage and Storage) allows for the possibility of having up to 1.0 FAR for a mini-storage building if the necessary findings can be made, the findings are discussed under the Zoning Ordinance Consistency section of this report. Neighborhood Policies Neighborhood Policy NH-51 (Existing Business Areas) encourages the support of upgrading existing business area and NH-52 (New Business Development) encourages new business development that will provide needed services and decrease traffic impacts. This project will be upgrading the existing facility from a temporary use to a permanent use, reduce the traffic impact in the area and provide a needed service for the community, as demonstrated in the applicant’s Traffic Analysis (Exhibit 4) and Feasibility Study (Exhibit 5). Community Design Policies Community Design Policies CD-10 (Nonresidential Design Guidelines), CD-12 (Industrial Areas), CD-18 (Landscaping), CD-19 (Lighting), CD-20 (Commercial Signage), and CD-21 (Parking Lot Landscaping) establish specific design criteria for new development. The new mini-storage facility has been designed to be compatible with the listed Community Design Policies and has been reviewed by the Design Review Board where it was determined that the project was well designed, appropriate for the industrial area in which it is located, and complies with the Community Design Policies. REPORT TO PLANNING COMMISSION - Case No: UP16-007/ED16-026 Page 4 Circulation Policies Circulation Policy C-7a (Traffic Mitigation Fees) requires traffic mitigation fees for new projects that generate net new peak hour trips. However upon review the Department of Public Works (DPW) found that there will likely be a reduction in the peak trip generation for the site compared to the existing trip counts. DPW determined that the temporary land use requirements have been maintained prior to 2006 and that for this unique case, no traffic mitigation fees shall be required. This is due to the fact that current site is generating 65 peak hour trips. The site was developed as a temporary ministorage with 162 storage units (23,637 sq. ft.) and is primarily used by small contractors coming in daily during the mornings and late afternoon. The proposed structure will have approximately 44 exterior units (9,875 sq. ft.) which might still be conducive to small contractor use, while the remaining storage units will be accessed through the interior of the structure. The Traffic Analysis (Exhibit 4) indicates the new larger facility results in a net decrease in trips generated for the site (24 peak hour trips estimated), a substantial reduction from the historic rate of 65 peak hour trips. This reduction is anticipated based on the change in storage use with fewer daily contractor storage spaces. DPW has reviewed and accepts the traffic analysis for the permanent storage facility use, replacing the cargo container storage. Safety Policies Safety policy S-4 (Geotechnical Review) requires a geotechnical review. A geotechnical report was prepared for the site, which demonstrated the site could be safely developed. Policy S-6 (Seismic Safety of New Buildings) requires all new buildings to be designed and constructed to resist stresses produced by earthquakes. This project is entirely new construction and will be built in accordance with the most current building and seismic codes, as required by the City’s Municipal Code. Policy S-17 (Flood Protection of New Development) requires that new development be protected from potential impacts from “100-year” floods. This project has been proposed at an elevation of +11, which would place it out of the “100-year” flood zone. Sustainability Policies Sustainability Policy SU-5a (Green Building Regulations) requires all new construction to comply with the adopted green building regulations. A condition of approval has been added to the resolution to ensure compliance. Air and Water Quality Policies Air and Water Quality Policy AW -7 (Local, State and Federal Standards) requires the project to comply with the City’s Stormwater Pollution Prevention standards (MCSTOPPP). The proposed plan is designed to be consistent with the stormwater pollution standards by treating stormwater runoff on-site in the bio- retention facilities. Zoning Ordinance Consistency: Chapter 14.6, Industrial Districts (I, LI/O, CCI/O, LMU) The site is located in the Light Industrial/Office zoning district. Section 14.06.020, Land Use Regulations (LI/O), permits mini-storage facilities up to a FAR of 1.0 and caretaker’s unit subject to a Conditional Use Permit. The proposal complies with the LI/O district zoning standards including setbacks, landscaping, and height. The proposal exceeds the minimum setback requirement, does not exceed 36 feet in height, and provides 21.28% landscaping which exceeds the 20% landscaping minimum. REPORT TO PLANNING COMMISSION - Case No: UP16-007/ED16-026 Page 5 Section 14.06.020 Caretaker’s Unit: The two bedroom caretaker’s unit requires a Use Permit and is being subject to the parking standards. This requires two parking spaces, one covered and one uncovered. The applicant is requesting that the caretaker’s unit be excluded from the FAR calculation pursuant to section 14.16.150(A)(1), which states that residential components of a mixed use project are excluded from the total building square footage. Staff is supportive of the applicant’s reasoning to exclude the unit from the FAR calculation, provided that the caretaker’s unit should meet the two-bedroom parking requirement which requires a dedicated covered space for the residence. Chapter 14.16, Site and Use Regulations Section 14.16.030, Affordable Housing, requires that affordable housing be imposed on all developers of nonresidential projects. However, section 14.16.030(I)(1)(g) states that when there’s no nexus between the proposed nonresidential development and an increase in the demand for affordable housing the project can be deemed exempt. This facility creates one new fulltime job and will provide an onsite caretaker’s unit for that employee. Based on this proposal staff concludes that there is no nexus between the development and an increase in demand for affordable housing. Section 14.16.150, Floor Area Ratios (FAR), states that Mini-storage projects may be permitted up to 1.0 FAR by Use Permit if the Planning Commission finds the following: 1. The facility is needed in the community; 2. The design of the project is compatible with surrounding uses; 3. The project is designed so that it cannot be converted to other, more intensive uses; and 4. The location is appropriate for this type of use. The applicant has provided a Feasibility Study and Analysis (Exhibit 5) that states that there are 24 competitors, within a three mile radius, with an average occupancy of 97.59%. The Design Review Board highly recommended the design of the project and found that the design is compatible with the surrounding uses. The project cannot be converted to a more intense use as there are limited windows, no heating, electrical capacity, water, or sewer in the units to support a more intense use. Ministorage is a permitted use in the Light Industrial/Office Zoning District. Based on this discussion, staff has concluded that the criteria for allowing 1.0 FAR have been addressed. Chapter 14.18, Parking Standards Section 14.18.040, Parking Requirements, requires a parking study for mini-storage facilities. The applicant submitted the Institute of Transportation Engineers (ITE) parking generation rates for mini- storage. The ITE stated that the parking demand for a mini-storage facility ranges from 0.11 to 0.20 vehicles per 1,000 sq. ft. to 1.35 vehicles per 100 storage units. Based on the ITE parking demand a facility of this size would need between 7 to 12 parking spaces. Public Works has reviewed the information submitted and found that the proposed 17 parking/loading spaces as being adequate. The project is requesting a Parking Modification; 1) to not provide the one covered parking space for the caretaker’s unit; and 2) to reduce the off street loading/unloading requirement. Staff is not in support of removing the covered parking requirement if the project exceeds a 1.0 FAR. The off street loading/unloading requirement of section 14.18.050(B) would require the facility to provide three (3) loading spaces with a minimum dimension of twelve feet (12′) in width by sixty-five feet (65′) in length, with a fourteen-foot (14′) height clearance. Given the nature of the structure/use and the flexible loading zone on the west end of the property Public Works and Planning are in support of reducing this requirement, subject to submitting a loading plan explaining how the facility will handle larger vehicles, such as semi-trucks, loading and unloading without blocking the fire lane by using the flexible loading zones along the western property line. REPORT TO PLANNING COMMISSION - Case No: UP16-007/ED16-026 Page 6 Chapter 14.19, Signs A total of one-square foot of signage is allowed per linear foot of building frontage. The project proposes signage on two street frontages, Irene St and Kerner Blvd. The Irene St frontage proposes one 35 sq. ft. blade sign and one 31.35 sq. ft. monument sign. The Kerner Blvd frontage proposes one 35 sq. ft. wall sign and one 31.35 sq. ft. monument sign. The proposed signage complies with the criteria in chapter 14.19. The following directional signs do not count against signage as they do not exceed 5 sq. ft., as conditioned: a) “Enter Here”; b) “Do Not Enter” c) “Office” d) “Loading” Chapter 25, Design Review Section 14.25.040, Improvements Subject to Review, states that all new construction on vacant property is considered a major physical improvement and is subject to design review by the Design Review Board (DRB) and approval by the Planning Commission. The DRB reviewed this project on May 17, 2016. The Board unanimously agreed that the project is well designed and met the Design Review criteria. DESIGN REVIEW BOARD RECOMMENDATION On January 5, 2016 the project was reviewed by the Design Review Board (DRB) for conceptual design review. The DRB was very receptive to the project. However, there were some minor concerns expressed with the color choices. On June 7, 2016 the project returned to the DRB for formal review, with color alterations made in response to conceptual review comments. The DRB unanimously supported the project. The DRB meeting can be found online at: http://cityofsanrafael.granicus.com/MediaPlayer.php?view_id=2&clip_id=944 ENVIRONMENTAL DETERMINATION The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15332 of the CEQA Guidelines which exempts infill development if; a) the project is consistent with the General Plan and Zoning Regulations; b) the proposed development occurs within city limits on a project site no more than five acres substantially surrounded by urban uses; c) the project site has no value for endangered species; d) the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and e) the site can be adequately be served by all required utlities and public services. The project is consistent with the General Plan and Zoning regulationsm, takes place within the City Limits in a substantially developed area under five acres, will result in a decrease in trips generated, will produce minimal noise, meets the necessary requirements in the City’s Greenhouse Gas Reduction Strategy Compliance Checklist (Exhibit 6), and the site is adequately served by all required utilities and public services. 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 and the Canal Neighborhood Association 15 calendar days prior to the date of all meetings, including this hearing. Public notice was also posted on REPORT TO PLANNING COMMISSION - Case No: UP16-007/ED16-026 Page 7 the subject site 15 calendar days prior to the date of all meetings, including this hearing. To date, staff has not received any comments from the public regarding this application. OPTIONS The Planning Commission has the following options: 1. Approve the application with the condition requiring covered parking be provided for the caretaker’s unit. (Staff Recommended) 2. Approve the application as presented, without requiring the covered parking space. 3. Continue the application to allow the applicant to bring the structure to a 1.0 FAR. 4. Continue the applications to allow the applicant to address any of the Commission’s comments or concerns. 5. Deny the project. (Not Recommended) EXHIBITS 1. Vicinity/Location Map 2. Draft Resolution of Approval, with conditions 3. Letter from applicant 4. Traffic Analysis 5. Feasibility Study 6. Greenhouse Gas Reduction Strategy Compliance Checklist 7. Plans (Distributed to the Planning Commission only) Exhibit 1 – Vicinity Map Exhibit 2 RESOLUTION NO. _______ RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT AND A USE PERMIT FOR THE CONSTRUCTION Of A MINI-STORAGE FACILITY AT A 1.0 FLOOR AREA WITH A CARETAKER’S UNIT, LOCATED AT 3105 KERNER BOULEVARD APN: 009-122-14 WHEREAS, on April 8, 2016, the Community Development Department, Planning Division, found the development applications requesting Use Permit (UP16-007) and Environmental Design Review Permit (ED16-026) approval to construct a three story 61,803 square foot mini-storage facility located at 3105 Kerner Boulevard in the Light Industrial/Office District to be complete for processing; and WHEREAS, on June 7, 2016, The City of San Rafael Design Review Board reviewed the project and unanimously recommended approval of the design; and WHEREAS, upon review of the application, the project has been determined to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines which exempts infill development; and WHEREAS, on August 9, 2016, the San Rafael Planning Commission held a duly noticed public hearing on the proposed Use Permit and Design Review Permit (UP16-007 and ED16-026), 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 and Design Review Permit (UP16-007 and ED16-026): Use Permit Findings (UP16-007) A. The proposed use is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of the Light Industrial/Office (LI/O) district in which the site is located given that mini-storage use is consistent with the applicable General Plan and Zoning District Light Industrial/Office land use designations as well as the applicable design policies and regulations, which permit the mini-storage use up to a 1.0 floor area ratio (FAR), along with the associated site improvements, which received concurrent design review approval. B. 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 because the site is designated for light industrial/office use and no undue health hazards or significant environmental resources have been associated with the site, the development qualifies for an exemption from CEQA as discussed in ED16-026 Finding A, and the project has been reviewed by all appropriate agencies and conditioned accordingly to avoid any such effects. - 2 - C. As conditioned, the proposed use complies with each of the applicable provisions of the Zoning Ordinance given that the development meets the Light Industrial/Office (LI/O) zoning district setback, lot coverage, height, allowable FAR and design criteria, it is providing adequate on-site parking, circulation and loading areas, it has been reviewed by the Design Review Board, and the criteria required to make findings pursuant to Section 14.16.150, allowing a mini-storage facility at a 1.0 floor area ratio (FAR), have been satisfied as follows: a. The facility is needed in the community based on the evidence that the applicant has provided in their feasibility study which identified that local self-storage occupancy rates continue to be in excess of 97%. b. The design of the project, as conditioned, is compatible with surrounding uses in that the surrounding buildings, the structure has been designed with attractive elements and landscaping, and the Design Review Board has reviewed the project and recommends that it is appropriate for the area. c. The project is designed so that it cannot be converted to other, more intensive uses because it has been designed without windows, lacks sufficient plumbing, sewer, and electrical improvements required for more intensive uses; all of which would restrict conversion to a more intensive use. d. The location is appropriate for this type of use because the site is in the Light Industrial/Office zoning district, which permits mini-storage facilities, the use has low traffic generation characteristics, and the use will not reduce local streets to unacceptable Level of Service standards or negatively impact the nearby intersections. Environmental and Design Review Findings (ED16-026) A. The project qualifies as a Class 32 Categorical Exemption from the provisions of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15332 which exempts the project as in-fill development given that a) the proposed mini- storage facility is consistent with the applicable Light Industrial/Office (LI/O) General Plan and Zoning Designations, policies and regulations which permit the mini-storage use at a 1.0 floor area ratio (FAR) with the associated site improvements; b) the site is located within the City limits on a site under five-acres in size that is surrounded by urban uses on all sides; c) the site does not contain or have value as suitable habitat for rare, threatened or endangered animal or plant species; d) the project does not result in any significant effects relating to traffic, noise, air or water quality as it wi ll be developed within General Plan specified limits with utility connections and public services readily available; e) it has been determined through the review process that the site can be adequately served by all required utilities and public services; and f) 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, the non-residential design guideliens, and the purposes of Zoning Code Chapter 25 given that the project has been reviewed by the Design Review Board and - 3 - Planning Commission for compliance with the design criteria contained Chapter 25 of the Zoning Ordinance to ensure that the design is compatible with the neighborhood and surrounding environs, as required by the General Plan Land Use Element. C. As conditioned, the project design minimizes adverse environmental impacts by proposing development of a level site that is surrounded by urban development on all sides, with public utilities and services readily available, the required setbacks and landscaping are incorporated into the project, lighting fixtures are shielded and directed down, and new development is subject to building permits that will ensure the building is constructed in compliance with all applicable codes and regulations. D. The project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the district in which the site is located given that the site development complies with the LI/O District requirements and has been reviewed and recommended for approval by the Design Review Board. 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 and Environmental and Design Review Permit subject to the following conditions: Conditions of Approval (UP16-007) Community Development Department, Planning Division 1. This use permit for this project is valid for two (2) years, until August 9, 2018, at which time the permit shall expire unless initiated by issuance of a building permit or an extension of time is requested prior to the expiration date. 2. This use permit authorizes the construction of a mini-storage facility with floor area ratio (FAR) of up to 1.0 FAR with an ancillary office and a 1,259 sq. ft. caretaker’s unit with one covered parking space. 3. One covered parking space shall be provided for the caretaker’s unit. The covered parking space shall be consistent with the minimum dimensions listed in Chapter 14.19 of the San Rafael Municipal Code. 4. The caretaker unit shall be used only by the caretaker of the storage facility and shall not be rented or leased for any other use. 5. The storage facility shall be used for storage only. All other uses are prohibited and no other business shall operate out of this site. - 4 - 6. The building shall not be converted to any other use. 7. All storage shall be within the storage units. No materials or vehicles shall be stored outside. 8. The types of items stored in the storage area and manner in which they are placed shall be subject to review and approval by San Rafael Fire Department (SRFD). 9. The site shall be kept free 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. 10. The construction set of plans shall identify how the site will accommodate an oversized vehicle without obstructing the fire lane. Conditions of Approval (ED16-026) Community Development Department, Planning Division 11. This design review shall be valid for the same period of time as the use permit approval UP16-007, and shall be null and void if a building permit is not issued or a time extension granted. 12. The building techniques, materials, colors, elevations and appearance of this project, as presented for approval by the Planning Commission on August 9, 2016, shall be the same as required for the issuance of a building permit. Any future changes in building techniques, materials or color shall be subject to review by the Design Review Board and approval of an Administrative Environmental and Design Review Permit. 13. All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances shall be screened from public view. The method used to accomplish the screening of any exterior equipment shall be indicated on the building plans and approved by the Planning Division prior to issuance of a building permit. 14. Prior to issuance of a building permit, the applicant is to comply with conditions of the Marin Municipal Water District for the landscaping improvements. 15. Construction activities shall comply with City’s Noise Ordinance. 16. If, during the course of construction, cultural, archaeological or paleontological resources are uncovered at the site (surface or subsurface resources) work shall be halted immediately within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional archaeologist. The City of San Rafael Planning Division and a qualified archaeologist (i.e., an archaeologist registered with the Society of Professional Archaeologists) shall be immediately contacted by the responsible individual present on-site. When contacted, the project planner and the archaeologist shall immediately visit the site to determine the extent of the resources and to develop proper mitigation measures required for the discovery. 17. The “Loading” sign on the west elevation shall not exceed five (5) square feet. - 5 - 18. 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. 19. Landscaping and irrigation must meet the Marin Municipal Water District's (MMWD) water conservation rules and regulations. For projects that are required to provide a water-efficient landscape pursuant to Section 14.16.370 of this title, the landscape plan and supportive materials shall comply with the Marin Municipal Water District (MMWD) Ordinance No. 414, and future amendments as adopted. Prior to the issuance of a building permit, a grading permit or other authorization or city approval to proceed with construction and landscape installation, the applicant must provide written verification of plan approval from MMWD. 20. Fencing shall be maintained in good condition and any visible damage shall be repaired immediately. 21. Final construction plans submitted for issuance of a building permit shall be designed to incorporate green building measures to comply with the City’s green building ordinance (Cal-Green). 22. All exterior lighting shall be shielded down. After the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 30 day lighting level review by the Planning Division staff to insure compatibility with the surrounding area. All lighting improvements, facilities and fixtures shall be subject to the review and approval of the Planning Division prior to issuance of a building permit. Department of Public Works 23. The driveway exiting onto Irene St. shall be an exit only. 24. Signage for traffic control shall be uniform traffic controls. For example R5-1 is the standard for “Do not Enter”. 25. An encroachment permit shall be required for all work within the Right-of-Way from the Department of Public Works, located at 111 Morphew St. 26. Provide a Drainage plan including calculations during the building permit phase of the project. 27. A grading permit shall be required from the Department of Public Works, located at 111 Morphew St. San Rafael Sanitation District 28. Submit civil plans showing where the new sewer lateral is going to be located and provide connection to main information. All sanitary sewer work shall be performed in accordance - 6 - with the most recent version of the San Rafael Sanitation District’s Standard Specifications and Drawings. 29. Submit detailed plumbing plans for all new plumbing fixtures that are proposed in the new building; This includes but is not limited to lavatories, sinks, floor drains, water closets, dishwashers, and all other plumbing appurtenances. A comprehensive plumbing fixture table summarizing all fixtures by quality, brand, outlet pipe size, and model is also required. 30. Based on the final fixture unit count, sewer connection fees will be required and shall be paid to the San Rafael Sanitation District (SRSD) prior to issuance of the building permit. Marin Municipal Water District 31. Complete a High Pressure Water Service Application. 32. Submit a copy of the building permit to Marin Municipal Water District. 33. Pay appropriate fees and charges. 34. Comply with the District’s rules and regulations in effect at the time service is requested including the installation of a separate meter to serve the living unit. 35. Comply with all indoor and outdoor requirements of District Code Title 13 – Water Conservation. Plans shall be submitted, and reviewed to confirm compliance. The following are required: a. Verification of indoor fixtures compliance b. Landscape plan c. Irrigation plan d. Grading plan Any questions regarding District Code Title 13 – Water Conservation should be directed to Water Conservation Department (415)945-1497. 36. Comply with the backflow prevention requirements, if upon the District’s review backflow protection is warranted, including installation, testing and maintenance. Questions regarding backflow requirements should be directed to Backflow Prevention Program Coordinator at (415)945-1558. 37. Comply with Ordinance No. 429, requiring the installation of gray water recycling systems when practicable for all projects required to install new water service and existing structures undergoing “substantial remodel” that necessitates an enlarged water service. Fire Department 38. The design and construction of all site alterations shall comply with the 2013 California Fire Code and City of San Rafael Ordinances and Amendments. - 7 - 39. 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) b) Fire underground plans (Deferred Submittal to the Fire Prevention Bureau) c) Fire alarm plans, water monitoring (Deferred Submittal to the Fire Prevention Bureau) 40. A Knox Box is required at the primary point of first response to the building. 41. A Knox Switch is required at all fire department access gates. 42. Fire lanes must be designated; painted red with contrasting white lettering stating “No Parking Fire Lane” A sign shall be posted in accordance with the CFC Section 503.3. 43. Contact the Marin Municipal Water District (MMWD) to make arrangements for the water supply serving the fire protection system. The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the 9th day of August, 2016. Moved by Commissioner _____________ and seconded by Commissioner ________________. AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS SAN RAFAEL PLANNING COMMISSION ATTEST: BY: Paul A Jensen, Secretary Mark Lubamersky, Chair