STAFF REPORT TO THE
MILLER/TESLER DESIGN REVIEW

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Item No:	7.	Application No:
Applicant:	H & H Properties	Owner:	Helen C. Miller and Herbert Tesler
Property Address:		Assessor's Parcel:
Hearing Date:		Planner:	Johanna M. Patri, AICP
RECOMMENDATION:
APPEAL PERIOD:		Five Working Days to the Marin County Boardof Supervisors
LAST DATE FOR ACTION:		November 13, 1996

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PROJECT DESCRIPTION

This Design Review application proposes to demolish an existing, vacant, single-story, commercial structure and construct a new 4,050 square foot two-story commercial structure and appurtenant site improvements on an 11,800 square foot parcel at 76 San Pablo Avenue. The proposed commercial structure would provide tenant space for local serving, small businesses as permitted by the Retail Business District/Highway District (C-1-H) governing zoning the subject parcel.

The proposed structure would consist of two connected buildings as follows: (1) a 27-foot high building with approximately 2,500 square feet of interior space proposed for professional offices over the grade-level parking lot on the south side of the site; and (2) a 25-foot high, single-story building with approximately 1,550 square feet of interior space proposed for local-serving retail/service establishments on the north side of the site. The retail-serving building is designed with a roof-top terrace and landscaped trellis above the projecting entranceway to serve the office uses.

Proposed setbacks of the structure from corresponding property lines on the triangular-shaped parcel are: front (northwest) 15 feet; rear (southeast) 54 feet; side (south) one foot; and side (northeast) two feet. The proposed floor area ratio (FAR) is 35 percent. Proposed exterior finishes are earthtone stucco finish siding and a terra cotta colored tile roof.

Site improvements include two pedestrian walkways from the street to the building entry, a seating area within the front yard, landscaping around the perimeter of the property, a trash enclosure at the southeast corner of the site, and a six-foot high wood fence along the side and rear property lines.

Ingress and egress are proposed at the south end of the site off San Pablo Avenue. The parking area is sited on the southern portion of the site. Proposed on-site parking consists of 20 spaces, including one handicapped space, and one loading/turn-around zone reserved for delivery vehicles.

The proposed conceptual sign program includes individual signs for each tenant installed on the face of the front elevation for the ground floor retail tenants and a double-faced monument directory sign to be integrated into the landscaping at the front of the building to identify the office spaces.

GENERAL INFORMATION

CWP Land Use Designation:	Retail Commercial (RT)
Zoning:	Retail Business District with a combining Highway District (C-1-H)
Lot size:	11,800 square feet
Adjacent Land Uses:	Commercial/Residential/Public Facilities
Vegetation:	None
Topography and Slope:	Flat
Environmental Hazards:	None identified

Environmental Review

The Environmental Coordinator has determined that this project, subject to the recommended conditions of approval, is Categorically Exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301, Class 1 (l) (3) of the 1992 CEQA Guidelines because: (1) it consists of the construction of a small (4,050 square foot) commercial structure resulting in no potentially significant impacts on the environment; (2) it consists of redevelopment of an in-fill parcel in an urban area that would be adequately served by existing public facilities; (3) the principally permitted uses, consistent with the C-1-H zoning district of the subject property, would be limited to small local serving retail and service establishments and professional offices; (4) the principally permitted uses would not involve the use of significant amounts of hazardous substances; (5) it would require a minimal amount of grading for site improvements, no tree removal, and entails construction of improvements that would be consistent with the environmental policies of the Countywide Plan; (6) the small-scale project would not alter significantly the current patterns of circulation at the San Pablo Avenue/North San Pedro Road intersection; (7) the small-scaled proposal would be compatible with other residential and commercial land uses in the area relative to architectural design, circulation, parking, and landscaping and improve the appearance of the community; (8) in 1992, the City of San Rafael - Hazardous Materials Division and Fire Department, and the State of California Regional Water Quality Control Board issued a case closure for site clean-up of hazardous materials for the project site, once the site of a gasoline service station establishment; and (9) the principally permitted uses would result in lower AM and PM peak hour trips than the previous gasoline service station occupying the project site and would not degrade the level of service and/or safety concerns on local streets or at any intersection or interchange in the project vicinity below a Level of Service "D", a threshold deemed by the County to be significant.

PUBLIC NOTICE

The Community Development Agency has provided public notice identifying the applicant, describing the project and its location, and giving the earliest possible decision date in accord with California Government Code requirements. This notice has been mailed to all property owners within 500 feet of the subject property. During the noticing period, story poles have been placed on the site to demonstrate the height, mass, and siting of the proposed structure.

Plan Consistency

The project site is governed by the City-Centered Corridor goals and policies of the )

Marin Countywide Plan Consistency

The Countywide Plan Land Use Designation for the subject property is Retail/Commercial (RT) which allows a floor area ratio (FAR) of 10 to 35 percent. The proposed land uses are small retail and service establishments and office space consistent with the RT designation. The FAR of the proposed development is 35 percent.

Northgate Activity Center Plan

The project site is within the North San Rafael traffic study area of the Northgate Activity Center Plan (Plan). In accordance with the provisions of the Plan, for determining mitigation measures for properties which are proposed for private redevelopment, the County must first calculate the existing PM peak hour traffic count for the project site before redevelopment. If the proposed re-use and redevelopment generate a higher number of PM peak hour traffic trips, or increases the level of service above Level "D", the project proponent would be required to pay traffic mitigation fees based on the difference between the existing and projected PM peak hour trips.

The proposed project, with recommended principally permitted uses as analyzed by the County, would generate a maximum of 37 PM peak hour trips. Based on a Traffic Generation Analysis completed by the County in the spring of 1996, the County Department of Public Works - Traffic Division staff has determined that the recommended approved project is in compliance with the Northgate Activity Center Plan and the redevelopment of the site as proposed would not generate a higher number of PM peak hour trips than demonstrated by the 1996 Traffic Generation Analysis. Therefore, no traffic mitigation fees are required by the County for the project. Any proposed uses that exceed the 37 PM peak hour trips may be required to pay traffic mitigation fees.

PROJECT SUMMARY

Background Information The 11,800 square foot parcel, located at the intersection of North San Pedro Road and San Pablo Avenue, was once the site of a gasoline service station operation and contains a small single-story structure proposed for demolition. The station was closed in 1986 and all underground storage tanks were removed. Hazardous waste clean-up activities occurred on the site between 1986 and 1992. The staff of the City of San Rafael and the San Francisco Bay Regional Water Quality Control Board have issued a case closure for the subject site relative to on-site clean-up of hazardous wastes and substances. (Please refer to Attachment #12 and the Hazardous Waste Case Closure Section below.)

Zoning Consistency

The governing zoning under Title 22 of the Marin County Code is Retail Business District with a combining Highway District (C-1-H).

Development Standards

The zoning district allows a maximum of three stories and a maximum building height of 45 feet where two stories and a maximum height of 27 feet respectively are proposed. Setbacks from property lines and the ultimate building height are subject to County Design Review approval.

Permitted Uses

In general, small retail and office uses are permitted uses in the C-1-H zoning district. Principally permitted commercial uses identified in Section 22.32.020 (2) of Marin County Code include stores and shops for retail businesses such as banks, barber and beauty shops, clothing shops, boutiques, shoe and tailor shops, dry cleaners, florists, and professional offices. (Please refer to the Project Analysis - Development Issues below for further discussion.)

Conditional Uses

Various conditional uses identified in Section 22.32.020 (3) of Marin County Code, including restaurants, bars, drive-ins, garages, automobile repair shops, and veterinary hospitals, would be subject to the granting of a Use Permit.

Project Siting, Design, and Use

The ultimate size and scale of the proposed new structure and permitted uses are based on the ability of the project to address satisfactorily the following development issues:

• Traffic generation and off-site circulation
  
• On-site traffic circulation and parking requirements
  
• Potential impacts on surrounding residential properties
  
• Visual compatibility with the surrounding neighborhood

In response to Planning staff's concerns during the review process, the applicant modified the proposed design plans to incorporate the following design criteria:

1. Provision for continuity from street to building: Two pedestrian walkways have been provided from the street to the structure entry to provide continuity.

2. Provision for pedestrian walkways within the parking area: Walkways within the parking areas would be delineated using a patterned surface or material different from that of the parking area.

3. Screening of parking lot: The parking areas are sited primarily towards the rear of the development minimizing the visual and aesthetic impacts to the street frontage and off-site views.

4. Compatibility of new development relative to height, bulk, and mass: The scale and height of the structure is appropriate to the streetscape and the surrounding neighborhood development.

5. Provision for adequate on-site landscaping: The project site would be enhanced by landscaping along the street frontage and the perimeter of the property.

6. Handicap accessibility: Under the provisions of the American Disability Act, the proposed structure is not required to be handicapped accessible on the upper level, unless a health care provider office is proposed. However, the first floor, through the building permit process, will be required to have handicap accessible paths of travel and facilities. As recommended, project approval does not allow health care provider offices above the first floor without handicap accessibility.

On-site Circulation and Parking

Access to the project site would be provided from San Pablo Avenue by a driveway located approximately 28 feet from the southern property line, approximately 10 feet north of the current driveway towards the North San Pedro intersection. On-site circulation would be provided by a 24-foot wide lane through the parking lot.

Section 24.04.340 of the Marin County Code requires a minimum of one parking space for every 200 square feet of gross floor area for small retail and personal services shops and one parking space for every 250 square feet of gross floor area for professional office space. In compliance with these requirements, the project proposes 8 parking spaces for 1,550 square feet of retail space and 10 parking spaces for 2,500 square feet of office space for a total of 18 independently accessible spaces. In addition, one handicapped space, in accordance with Federal and State requirements, and one loading/turn-around space reserved for delivery vehicles is proposed for a total of 20 on-site spaces. As recommended, project approval requires provisions for bicycle parking.

Hazardous Waste Case Closure

In 1992, the City of San Rafael's Fire Department (SRFD) submitted a report to the State of California Regional Water Quality Control Board (RWQCB) which summarized their hazardous waste clean-up investigation of hydrocarbon pollution resulting from three underground gasoline storage tanks and one waste oil tank at the subject site and recommended that the case be closed. RWQCB reviewed the SRFD report and concurred with the SRFD's recommendation. Based on the available information for the project site, RWQCB staff concurred that further hazardous waste investigation would not be necessary. Further work would be required if conditions change or a water quality threat is discovered at the site. The City of San Rafael Hazardous Materials Division and the SRFD determined that soil contaminated with petroleum hydrocarbons had been adequately removed, and that groundwater sampling activities revealed no significant levels of groundwater contamination in accordance with all regulations of the RWQCB. In addition, Marin County Environmental Health Office of Waste Management staff has reviewed and approved the project in accordance with the determination of RWQCB.

PROJECT ANALYSIS AND ISSUES

During the review process, County staff and the community identified two development issues associated with the proposed project: (1) traffic and circulation and (2) permitted uses. Traffic and Circulation

The project site is located within the sphere of influence of the City of San Rafael. Staffs of the City of San Rafael - Department of Public Works and the Marin County Department of Public Works - Traffic Division have reviewed and approved the proposed project subject to recommended principally permitted uses. In addition, the applicant submitted a letter from DKS Associates, Traffic Engineers, which provides information regarding trip generation. (Please refer to Attachments #6, #7 and #8.) Their findings are summarized below.

Trip Generation

The County determined that the historic trip generation for the previous gasoline service station use was 60 PM peak hour trips. The County determined that the current morning peak hour of the San Pablo Avenue/North San Pedro Road intersection is 9 AM to 10 AM on Thursday (Farmers' Market Day) based on several months of counting completed in the spring of 1996. Based on the ITE Trip Generation 4th Edition Study (Study 710), the proposed office uses (2,500 gross square feet) can be expected to generate 11 trips during the Thursday AM peak hour (10 in and 1 out). Based on the Caltrans District 4, 11th Progress Report on Trip Ends Generation Research (Study 242), the proposed retail uses (1,550 gross square feet) can be expected to generate up to 16 trips during the Thursday morning peak hour (8 in, and 8 out) This results in a total of 27 trips (18 in and 9 out).
The County determined that during the evening peak hours of 4 PM to 6 PM, the proposal is expected to generate a total of 37 trips - 13 trips for the office uses (2 in and 11 out) and 24 trips for the retail uses (12 in and 12 out).

Left Turn Queues and Intersection Impacts

The County staff used the projected 27 AM peak hour trips as the worst case scenario for analysis of the intersection because that is when the intersection operates at its worst. Staff determined that, in the AM peak hour traffic, a maximum of 18 vehicles, traveling south on San Pablo Road, would be making a left turn in to the site. While the northbound cars may back up to the driveway and the last car in the queue may need to allow a car to turn left into the project site in front of it, the left turns into the site are not expected to conflict with the San Pablo Road northbound queue or impact the intersection significantly. The County concluded that the worst condition at the intersection that would be acceptable without further study would be a four car, 80 foot queue going north on San Pablo Road. The City analyzed the potential left turn movements into the site and concluded that the impact on the intersection during both the AM and PM peak hours would be negligible.

The County determined that the intersection currently operates at Level of Service (LOS) "D", and with the proposed project's traffic, the intersection could still operate at LOS "D" without impacting the delay of users of the intersection. The City determined that the intersection operates at LOS "D" during the AM peak hours and at a LOS "C" during PM peak hours. The City does not agree with the County's assessment that the intersection operates at its capacity and concluded that the proposal fits within the City's current and future traffic operations and level of service policies for PM peak hours. Operational analysis for peak periods other than PM peak hours are performed on a case-by-case basis.

The County has informed Planning staff that the City is proceeding with an intersection improvement project but is waiting until after the opening of the Merrydale Overcrossing over U S Highway 101. The contemplated improvements should improve the operation of the intersection to LOS "B" and reduce the northbound queue on San Pablo Avenue which would completely eliminate any potential for a left turn conflict from San Pedro Avenue into the project site.

In conclusion, County staff determined that 27 AM peak hour trips and 37 PM peak hour trips at the intersection would be an acceptable threshold that would not impact the intersection and that any uses of the project site that exceeds these trip generation rates would require additional study. The County staff further analyzed a number of office and retail uses to determine which ones would be below these peak hour trips. These uses are included in the recommended principally permitted uses. (Please refer to Exhibit "B" of the recommended Resolution.)

Criteria for Determining Permitted Uses

In order to determine specifically which uses would be recommended as principally permitted commercial/retail, service, and professional office space uses at the project site, Department of Public Works, Traffic Division and Planning Division staff reviewed the public record and the Northgate Activity Center Plan and developed the criteria listed below.

The principally permitted uses shall be:

1. Principally permitted uses within the C-1-H zoning district of the subject property;

2. Small-scale in character, shall not have large square footage requirements, and shall contribute to the existing neighboring residential/commercial concept;

3. Primarily local serving in nature as opposed to uses which are primarily regionally serving;

4. Limited to a total of 27 AM and 37 PM peak hour trips as determined by Department of Public Works - Traffic Division;

5. Oriented to pedestrian traffic;

6. Conducted exclusively indoors and shall not require outdoor display or storage of merchandise;

7. Limited collectively in use to a total of 20 on-site parking spaces, including one handicapped accessibility parking space and one loading/turn-around space reserved for delivery vehicles based on a ratio of one parking space for every 200 square feet of gross floor area for small retail and personal services shops and one parking space for every 250 square feet of gross floor area of office space; and

8. Free from obnoxious or detrimental impacts to the surrounding area as determined by the Agency Director.

Through project approval, staff is recommending a list of principally permitted uses that are consistent with the above established criteria. (Please refer to Exhibit "B" of the recommended Resolution.) Conditions of approval recommend that other business establishments may be permitted if, in the opinion of the Agency Director, they are of the same general character as those enumerated in "Exhibit B" and comply with the established criteria listed above. Any principally permitted use not approved by the Agency Director would be subject to additional County review and approvals.

CONCLUSION

The proposed retail/office commercial development is consistent with the RT land use designation of the CWP. Principally permitted uses recommended for approval would conform to the C-1-H zoning district of the subject property, would contribute to the surrounding commercial establishments, would avoid high generation of vehicular traffic exceeding a 27 AM and 37 PM peak hour trips, and would conform to a total of 20 required parking spaces. The project respects the visual aspects of the surrounding community and the San Pablo Avenue/North San Pedro Road intersection because it concentrates the mass and bulk of the structure away from the street frontage and provides parking towards the rear of the site. The project would provide substantial new landscaping along the street frontage that would enhance the site as well as the intersection. As recommended for approval, the proposal would not result in any significant impacts on surrounding properties including noise, odors, fumes, glare from exterior lighting, the introduction of toxins, views, and privacy.

RECOMMENDATION

After review of the administrative record and conduct of a public hearing, staff recommends that the Planning Commission move to adopt the recommended resolution approving the 96-373 application based on the Findings and subject to the recommended conditions.

Attachments:

1. Proposed Resolution recommending approval of the Miller/Tesler Design Review
   
2. Environmental Document
   
3. Location Map
   
4. Assessor's Parcel Map
   
5. Project Plans
   a. Site and First Floor Plan
   b. Second Floor Plan
   c. Landscape Plan
   d. West and North Elevation
   e. South, and East Elevation/Sections
   f. Site Plan for Loading/Turn-around Zone
   
6. 8/30/96, Letter, DKS Associates
   
7. 9/11/96 & 6/25/96, Memos, DPW, Traffic Division
   
8. 6/4/96, Letter, DPW, City of San Rafael
   
9. 7/26/96 & 4/24/96, Letters, Santa Venetia Neighborhood Association
   
10. 6/20/96, & 7/9/96, Memos, DPW, Land Division
    
11. 5/2/96, Letter, Planning Department, City of San Rafael
    
12. 11/9/92, Letter, State of California, Regional Water Quality Control Board
    
13. 4/15/96, San Rafael Fire Department
    
14. 4/12/96, Memo, Las Gallinas Valley Sanitary District
    
15. 4/11/96, Memo, Marin Municipal Water District
    
16. 4/17/96, Memo, Community Development Agency - Environmental Health Services

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MARIN COUNTY

RESOLUTION NO. ____________

A RESOLUTION APPROVING WITH CONDITIONS THE MILLER/TESLER DESIGN REVIEW
76 SAN PABLO AVENUE, SAN RAFAEL
ASSESSOR'S PARCEL NUMBER 179-311-20

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SECTION I:

FINDINGS

1. WHEREAS H & H Properties, on behalf of the owners, Helen C. Miller and Herbert Tesler, has submitted a Design Review application to the Marin County Community Development Agency - Planning Division proposes to demolish an existing, vacant, single-story, commercial structure and construct a new 4,050 square foot two-story commercial structure and appurtenant site improvements on an 11,800 square foot parcel at 76 San Pablo Avenue, The proposed commercial structure would provide tenant space for local serving, small businesses as permitted by the Retail Business District/Highway District (C-1-H) governing zoning the subject parcel. The proposed structure would consist of two connected buildings as follows: (1) a 27-foot high building with approximately 2,500 square feet of interior space proposed for professional offices over the grade-level parking lot on the south side of the site; and (2) a 25-foot high, single-story building with approximately 1,550 square feet of interior space proposed for local-serving retail/service establishments on the north side of the site. The retail-serving building is designed with a roof-top terrace and landscaped trellis above the projecting entranceway to serve the office uses. Proposed setbacks of the structure from corresponding property lines on the triangular-shaped parcel are: front (northwest) 15 feet; rear (southeast) 54 feet; side (south) one foot; and side (northeast) two feet. The proposed floor area ratio (FAR) is 35 percent. Proposed exterior finishes are earthtone stucco finish siding and a terra cotta colored tile roof.
   
   
2. WHEREAS the Marin County held a duly noticed public hearing on October 21, 1996, to consider approval of the Miller/Tesler Design Review application.
   
   
3. WHEREAS the Marin County Planning Commission finds that the proposed project, subject to the recommended conditions of project approval contained in this Resolution, is Categorically Exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301, Class 1 (l) (3) of the 1992 CEQA Guidelines because: (1) it consists of the construction of a small (4,050 square foot) commercial structure resulting in no potentially significant impacts on the environment; (2) it consists of redevelopment of an in-fill parcel in an urban area that would be adequately served by existing public facilities; (3) the principally permitted uses, consistent with the C-1-H zoning district of the subject property, would be limited to small local serving retail and service establishments and professional offices; (4) the principally permitted uses would not involve the use of significant amounts of hazardous substances; (5) it would require a minimal amount of grading for site improvements, no tree removal, and entails construction of improvements that would be consistent with the environmental policies of the Countywide Plan; (6) the small-scale project would not alter significantly the current patterns of circulation at the San Pablo Avenue/North San Pedro Road intersection; (7) the small-scaled proposal would be compatible with other residential and commercial land uses in the area relative to architectural design, circulation, parking, and landscaping and improve the appearance of the community; (8) in 1992, the City of San Rafael - Hazardous Materials Division and Fire Department, and the State of California Regional Water Quality Control Board issued a case closure for site clean-up of hazardous materials for the project site, once the site of a gasoline service station establishment; and (9) the principally permitted uses would result in lower AM and PM peak hour trips than the previous gasoline service station occupying the project site and would not degrade the level of service and/or safety concerns on local streets or at any intersection or interchange in the project vicinity below a Level of Service "D", a threshold deemed by the County to be significant.

4. WHEREAS the Marin County finds that the proposed project, subject to the recommended conditions of project approval contained in this Resolution, consistent with the goals and policies governing the City-Centered Corridor of the Marin Countywide Plan for the reasons specified below.
   1. The small-scale proposal would be consistent with the Retail Commercial (RT) land use designation and would result in new urban development serving local retail, services, and professional office needs in an area that is already served by existing infrastructure and facilities (Policy CD-1.1; Map 2.5).
      
      
   2. The proposed commercial development would be located within the City-Centered Corridor where existing infrastructure and facilities already serve similar urban development (Policies EQ-1.1 & CD-1.1).
      
      
   3. The proposed commercial development would offer employment opportunities in an area with high transit accessibility, public services, housing opportunities, and complementary retail uses (Policies CD-3.1).

   4. The project would not impact wetlands, sensitive habitat areas, or special status species of plants or animals (Policies EQ-2.43, -2.87, -2.88 & CD-2.7).
      
      
   5. The approved commercial development would not generate significant air, water, or noise pollution (Policies EQ-2.76, -3.2, N-1.1, -2.1, & N-2.4); would not impact any identified archaeological sites (Policy EQ-3.31 & -3.5); would avoid environmental hazards (Policy EQ-3.7, CD-2.7 & EH-3.1), would provide adequate building setbacks from surrounding roads and property lines; would not require tree removal and would preserve the visual qualities of the site (Policies EQ-3.11 and -3.14); and would respect the scale of surrounding commercial development (Policy EQ-3.25).
      
      
   6. The approved project would not result in significant traffic generation nor off-site circulation impacts and would not degrade the level of any traffic service of any intersection in the project vicinity below a Level of Service D (LOS D), and would not change the Level of Service at any intersection which is already at LOS D (Policy T-1.1).

   7. The geologic information available indicates that the project site is not subject to any unique geologic, landslide, seismic, flooding, or erosion hazard (Policies EQ-3.4, -3.5 & -3.7).

5. WHEREAS the Marin County finds that the project, subject to the recommended conditions of project approval contained in this Resolution is consistent with the provisions of the Northgate Activity Center Plan. Based on a Traffic Generation Analysis completed by the County in the spring of 1996 and traffic generation analysis conducted by the County Department of Public Works - Traffic Division staff, the proposed redevelopment of the site, which would generate a maximum of 37 PM peak hour trips, would not generate a higher number of PM peak hour trips established by the 1996 Analysis.
   
   
6. WHEREAS the Marin County Planning Commission finds that the project, subject to the recommended conditions of approval contained in this Resolution, is consistent with Titles 22 and 24 of the Marin County Code because: (1) the principally permitted uses would be consistent with the principally permitted uses under the C-1-H zoning governing the project site; (2) the proposed project would meet all the development standards of the C-1-H zoning district including height, setbacks, and FAR; and (3) the proposed project would comply with all parking requirements.
   
   
7. WHEREAS the Marin County finds that the proposed project is consistent with the following mandatory findings for Design Review (Marin County Code Section 22.82.040):
   1. The proposed redevelopment and uses will properly and adequately perform and satisfy its functional requirements without being unsightly or create a substantial disharmony with its locale and surroundings, because:
      1. The 4,050 square foot structure and appurtenant improvements would conform to all property development standards applicable to the C-1-H zoning district, including, but not limited to, principally permitted structures and uses, appropriate setbacks to property lines, and maximum permitted height and FAR.

      2. Exterior materials and finishes would blend with the surrounding development and natural environment to the greatest extent possible.
         
         
      3. The proposed redevelopment of the project site would be consistent with the development constraints and opportunities of the pre-existing development site by utilizing the existing building pad, minimizing grading, and providing on-site facilities and amenities including adequate parking and circulation.

      4. The project would not impact the sun, light, air, and privacy of adjacent residents because the proposed structure would have a maximum height of 27 feet with a low-pitched roof and ample setbacks from property lines.

      5. The scale (height, bulk, and mass) and appearance (colors, materials, and design) of the commercial development would be compatible with the surrounding community and streetscape.

      6. Ample landscaping would be provided to enhance the streetscape and soften the appearance of the structure.

      7. Pedestrian walkways have been provided from the street to the structure entry to provide continuity, and walkways within the parking areas would be delineated using a patterned surface or material different from that of the parking area.

      8. The number of proposed parking spaces would meet the requirements of the Marin County Code, and parking areas would be sited primarily towards the rear of the development to minimize the visual and aesthetic impacts on the streetscape.

      9. Through the Building Permit process, the first floor level would provide handicap accessible paths of travel and facilities.

      10. The approved principally permitted uses would be consistent with the principally permitted uses allowed within the C-1-H zoning district governing the subject property.

      11. The proposed project, with approved principally permitted uses, would result in a total of 27 AM and 37 PM peak hour trips which would not impact the San Pablo Avenue/North San Pedro Road intersection or the northbound San Pablo Avenue queue.
      
      
      
   2. The proposed redevelopment and uses will not impair, or interfere with, the development, use, or enjoyment of other property in the vicinity, or the orderly and pleasing development of the neighborhood as a whole, including public lands and rights-of-way, because:
      1. The proposed redevelopment and principally approved uses are consistent with the permitted uses within the C-1-H zoning district.

      2. Except for a small section of the access driveway which will require an Encroachment Permit from Department of Public Works, all development and site improvements would be sited entirely on the subject property with adequate setbacks from the property lines.

      3. The proposed redevelopment of the project site would not result in significant impacts to surrounding properties with respect to light, air, the natural environment, privacy, views, or land use.
         
      4. The project would have adequate on-site parking in accordance with County requirements, and the projected trip generation rate of a maximum of 27 AM and 37 PM peak hour trips would not result in traffic impacts on San Pablo Avenue or the adjoining intersection.

      5. The proposed project would comply with all relevant CWP policies and Marin County Code development regulations.

   3. The proposed development and uses will not indirectly, or in a cumulative fashion, impair, inhibit, or limit further investment or improvements in the vicinity, on the same or other properties, including public lands and rights-of-way, for the reasons sited in Findings A. and B. above.

   4. The proposed project will be properly and adequately landscaped with maximum retention of trees and other natural material. There is no pre-existing vegetation on the subject site. The applicant has proposed new landscaping which will enhance the streetscape and soften the appearance of the structure and screen the project between adjacent properties. Landscaping material has been selected based on the constraints of the site including poor soil conditions, the use of treated wastewater for irrigation, and fumes from vehicular traffic. Project approval will require the applicant to enter into a Performance Agreement with the County to ensure that the new landscaping will be maintained for a period of three years after Planning Division staff approves the initial installation.

   5. The proposed project will minimize or eliminate adverse physical or visual effects which might otherwise result from unplanned or inappropriate development, design, or juxtaposition. Adverse effects may include, but are not limited to, those produced by the design and location characteristics of:
      1. The scale, mass, height, area and materials of buildings and structures, because the project complies with all applicable development and land use policies of the Countywide Plan and the development standards of the C-1-H zoning district including maximum height, floor area ratio, and setbacks from property lines. The project would not create adverse environmental or visual impacts.

      2. Drainage systems and appurtenant structures, because the project has been conceptually designed to conform with all applicable Title 23 (Grading) and Title 24 (Parking) Marin County Code requirements. Project approval will require that the applicant install on-site and off-site drainage improvements that will improve the storm water run-off and not impact San Pedro Road.

      3. Cut and fill or the reforming of the natural terrain, and structures appurtenant thereto such as retaining walls and bulkheads, because the redevelopment of the site and the propose project design would require minimal grading and no construction of retaining walls.

      4. Areas, paths, and rights-of-ways for the containments, movement or general circulation of persons, animals, vehicles, conveyances, and watercraft, because the project is entirely on private property within an urban area and will not affect circulation patterns. No known wildlife migratory routes will be affected.

      5. Other developments or improvements which may result in a diminution or elimination of sun and light exposure, views, vistas, and privacy, because as discussed in Finding 2 above, the proposed project will not prevent the development, use or enjoyment of other property in the vicinity, and the project would not result in any significant impacts to adjacent properties with respect to light, views, privacy, and land use.

   6. It may contain roof overhang, roofing material, and siding material that are compatible both with the principles of energy-conserving design and with the prevailing architectural style in the neighborhood, because the structure is proposed with shallow roof overhangs, roof tiles, and stucco siding consistent with the architectural styles and exterior finishes in the surrounding community and will meet California Title 24 energy conservation standards as a requirement of the building permit.

SECTION II:

CONDITIONS OF PROJECT APPROVAL

NOW, THEREFORE, BE IT RESOLVED that the Marin County hereby approves the Miller/Tesler Design Review 96-373 application subject to the following conditions:

Marin County Community Development Agency - Planning Division

1. The Miller/Tesler Design Review 96-373 application is approved to demolish an existing, vacant, single-story, commercial structure and construct a new 4,050 square foot two-story commercial structure and appurtenant site improvements on an 11,800 square foot parcel at 76 San Pablo Avenue, The commercial structure shall provide tenant space for local serving, small businesses as permitted by Condition #3 below. The approved development includes a structure consisting of two connected buildings as follows: (1) a 27-foot high building with approximately 2,500 square feet of interior space proposed for professional offices over the grade-level parking lot on the south side of the site; and (2) a 25-foot high, single-story building with approximately 1,550 square feet of interior space proposed for local-serving retail/service establishments on the north side of the site. Approved setbacks of the structure from corresponding property lines on the triangular-shaped parcel are: front (northwest) 15 feet; rear (southeast) 54 feet; side (south) one foot; and side (northeast) two feet. The maximum floor area ratio (FAR) shall be 35 percent. In general, approved exterior finishes are earthtone stucco finish siding and a terra cotta colored tile roof.

2. Except as modified by these conditions, development and use of the approximately 11,800 square foot project site shall be in conformance with plans entitled "Civic Mart," prepared by James Louis Zak, AIA, Architect, received in the Planning Division on March 27, 1996, and identified as "Exhibit A", on file in the Marin County Community Development Agency - Planning Division.
   
   
3. Principally permitted uses are those uses that are consistent with the criteria established by this Design Review and shown on Exhibit "B" of this Resolution. Other commercial and office establishments not listed in "Exhibit B" as principally permitted uses may be permitted if, in the opinion of the Agency Director, they are of the same general character as those enumerated in "Exhibit B". Any principally permitted use not approved by the Agency Director would be subject to additional County review and approvals.

4. In general the approved exterior colors and finishes of the commercial structure are earthtone stucco finish siding and a terra cotta colored tile roof. BEFORE ISSUANCE OF A BUILDING PERMIT, the applicant shall submit for review and approval by the Agency Director samples of specific exterior finishes and colors to be used on the subject structure and/or project including, but not limited to: exterior siding, window frame and trim materials and colors, paving and landscaping materials.
   
   
5. The conceptual landscaping plan, part of "Exhibit A" of plans, is approved. The final landscaping and irrigation plan shall be reviewed and approved by the Agency Director to be submitted with the site improvement plans before issuance of a Building Permit.

6. The number of parking spaces to be provided and maintained on-site shall be a minimum of 20 spaces including a handicapped parking space and a marked loading/turn-around space reserved for delivery vehicles.

7. BEFORE ISSUANCE OF A BUILDING PERMIT FOR THE CONSTRUCTION OF THE COMMERCIAL STRUCTURE, the applicant shall:
   1. Record this Notice of Decision against the Title of the property;

   2. Revise the site plan or other first sheet of the office and job site copies of the Building Permit plans to list these Design Review Conditions of Approval as notes;

   3. Submit a specific lighting plan and specifications for review and approval by the Agency Director. The final locations, fixture design and wattage of lights shall be installed to the satisfaction of the Director. The lights shall be hooded and wattage shall be the lowest possible to provide the required illumination for safety purposes, and installed to prevent light spillage beyond the property boundaries;

   4. Submit a precise landscaping and irrigation plan for review and approval by the Agency Director. The final landscaping plan shall include landscaping for the trellis located above the open terrace;

   5. Submit an application for a sign review with fully detailed and dimensioned sign program, including types, sizes, locations, styles, materials, and colors of all site identification signs and address signs, individual tenant identification signs, directional and traffic control signs. In addition, all individual signs shall be subject to sign permit or review before installation to determine compliance with the approved sign program referred to above, specific plans, design and specifications, and locations for proposed sign for the review and approval of the Agency Director;

   6. Revise the plans to include provisions for bicycle parking on-site, delineated pedestrian walkways using patterned surface or material different from that of the parking area surface, specification for provisions of handicap accessible paths of travel and facilities subject to the review and approval of the Agency Director; and

   7. Submit specifications for the benches located within the front yard subject to the review and approval of the Agency Director.

8. BEFORE COMMENCING CONSTRUCTION AND/OR DEMOLITION, the applicant/owner shall install protective fencing around the perimeter of the property. The fencing shall remain in place during the duration of construction activities.

9. DURING SITE PREPARATION AND CONSTRUCTION ACTIVITIES the applicant shall:
   1. Ensure that construction crews undertake a program of dust control, including but not limited to: routinely watering graded surfaces as needed to prevent dust blowing, covering and/or watering trucks carrying soil, and frequently cleaning soil carried by construction vehicle tires from the site onto San Pablo Road;
      
      
   2. Ensure that the site is maintained in an orderly and clean manner; whenever possible;

   3. Ensure that adjacent roads are swept to minimize the amount of mud and dust carried onto street surfaces by construction vehicles; and

   4. Ensure that trucks hauling soil and construction materials to and from the project site shall be covered with a solid tarp, or equivalent material, to prevent dust from becoming airborne during transport.
   
   
   
10. BEFORE ISSUANCE OF A CERTIFICATE OF OCCUPANCY, the approved landscape plan improvements shall be installed and the applicant shall call the Planning Division for a site inspection. The applicant shall enter into a landscape maintenance bond with the County for the provision of maintenance to cover a three-year period following the Performance Agreement to ensure that the new landscaping will be maintained for a period of three years after Planning Division staff approval of the initial installation.

11. Construction activities, including grading, shall be restricted to the hours of 7:00 a.m. to 5:00 p.m., Monday through Fridays, and 9:00 a.m. to 4:00 p.m. on Saturdays, with no construction activities allowed on Sundays and Holidays. All equipment used on the job should be adequately muffled and maintained. All fixed noise sources (for example, generators or air compressors) should be located as far as possible from existing residences or shielded, through the use of terrain or barriers, from existing residences. The hours limiting construction activities should be prominently placed on plans submitted for a Building Permit and should be prominently posted on the job-site.

12. BEFORE ISSUANCE OF ANY BUILDING PERMITS FOR TENANT IMPROVEMENTS, the applicant/owners shall submit written documentation of the precise uses proposed by the prospective tenants to the Agency Director for review and approval for a determination as to whether the proposed improvements and use(s) are consistent with those permitted by the Miller/Tesler Design Review 96-373 approval. Provided the proposed use is among the principally permitted uses identified above or has been determined by the Agency Director to be consistent with the principally permitted uses, the tenant need only apply for a Building Permit. Any proposed use determined to be inconsistent would require County approval of a Design Review or a Use Permit application.

13. Building permit application shall be submitted to the Marin County Community Development Agency - Building Inspection for all prospective interior or exterior tenant improvements as required under the Uniform Building and Fire Codes and all other pertinent local regulations.

14. The applicant shall be responsible for ensuring that all construction vehicles, equipment and materials are stored on-site and off the street so that pedestrian and vehicles can pass safely at all times.

15. The applicant shall be responsible for ensuring that the number of construction vehicles are limited to the minimum number necessary to complete the project.

16. The Miller/Tesler Design Review 96-373 approval shall be vested by the issuance of a Building Permit within two years of the date of approval. The period for vesting may be extended for up to four years upon submittal of a written request and fees, and approval by the Director.

    Marin County Department of Public Works

17. BEFORE ISSUANCE OF A BUILDING PERMIT, drainage plans must be designed, signed and wet-stamped by a registered civil engineer.

18. An Encroachment Permit must be obtained for development within the public road right-of-way.

19. Portion of the 21-inch RCP under the building which will not be used shall be abandoned in compliance with all requirements and shall be filled with lean concrete.

20. A permanent turnaround space for delivery vehicles (minimum dimensions 15 feet wide by 20 feet long) shall be located before the area of covered parking spaces. The turnaround space must be red-curbed and designated a "No Parking" space.

    Marin County Waste Management

21. BEFORE ISSUANCE OF A BUILDING PERMIT for tenant spaces, any retail food establishment will require submittal of construction plans for review and permits.

    San Rafael Fire Department

22. BEFORE ISSUANCE OF AN OCCUPANCY PERMIT, the applicant shall submit written determination to the Agency Director verifying that all requirements of the San Rafael Fire Department have been met including:
    1. No Parking Fire Lanes signs and curb markings shall be installed for all access roadways, parking lots and driveways as specified by the fire marshal conforming to Fire Prevention Standard 204.

    2. A fire department approved Knox keyway system is required to be installed conforming to Fire Prevention Standard 202.

    3. Addresses shall be posted conforming to Fire Prevention Standard 205.

    4. Based on Uniform Building Code or Fire Code requirements, an automatic fire sprinkler system shall be installed throughout conforming to NFPA Standard 13.

    5. The alarms from fire detection systems and commercial fire sprinkler systems shall be monitored by a UL Central Station Company approved by the San Rafael Fire Department and be issued a UL serially numbered Certificate for Central Station Fire Alarms.

    6. A permit application shall be submitted to the Fire Prevention Bureau with two sets of plans for review prior to installation of all automatic and fixed fire extinguishing and detection systems. Specification sheets for each type of device shall also be submitted for review.

    7. Due to the wildland fire interface area fire retardant roof covering is required with a minimum Class "A" listing.

    8. A minimum 30 foot wide break (brush clearing) shall be maintained around the structure.

    Las Gallinas Valley Sanitary District

23. BEFORE ISSUANCE OF AN OCCUPANCY PERMIT, the applicant shall submit written documentation to the Agency Director verifying that all District requirements and financial arrangements have been met.

    Marin Municipal Water District

24. BEFORE ISSUANCE OF AN OCCUPANCY PERMIT, the applicant shall submit written documentation to the Agency Director verifying that all applications have been obtained and that all District requirements have been met.

SECTION III: VESTING AND APPEAL RIGHTS

NOW, THEREFORE BE IT FURTHER RESOLVED that the applicant must vest the Miller/Tesler Design Review 96-373 approval by October 21, 1998, or all rights granted in this approval shall lapse unless the applicant applies for an extension at least 30 days before the expiration date above and the Agency Director approves it. An extension of up to four years may be granted for cause pursuant to Marin County Code.
NOW, THEREFORE BE IT FURTHER RESOLVED that this decision approving the Miller/Tesler Design Review is final unless appealed to the Board of Supervisors. A Petition for Appeal and a $650.00 filing fee must be submitted in the Community Development Agency - Planning Division, Room 308, Civic Center, San Rafael, no later than 4:00 p.m. on December 16, 1996.

SECTION IV: VOTE

PASSED AND ADOPTED at a regular meeting of the of the County of Marin, State of California, on the 9th day of December, 1996, by the following vote to wit:

AYES:

NOES:

ABSENT:

____________________________________________________
MORROW CATER, CHAIRPERSON
MARIN COUNTY
Attest:

_______________________________
Mark J. Riesenfeld
Planning Commission Secretary

"EXHIBIT B"

THE MILLER/TESLER DESIGN REVIEW 96-373
76 SAN PABLO AVENUE, SAN RAFAEL
ASSESSOR'S PARCEL NUMBER 179-311-20

Principally Permitted Retail/Service Uses	Principally Permitted Office Uses
Antique shops	Accounting, and tax return services
Appliance repair shops	Advertising agencies
Art galleries/framing shops	Architectural services
Artist supply stores	Bookkeeping services
Athletic supply stores	Commercial art and graphic design studios
Auditory and optical shops	Computer programming services
Barber and beauty shops	Consulting services
Bicycle/bicycle repair	Credit reporting services
Bookstores	Employment agencies
Boutique shops	Engineering offices
Camera/photographic supply stores	Financial services
Candy, nut, and confectionery stores	Home health care services
Coffee/tea shops without seating	Insurance agents and brokers offices
Copying/blueprinting shops	Landscape architectural offices
Delicatessens and take-out food shops without seating	Law offices
Computer and computer software shops	Legal services
Consumer electronic service and parts shops	Local government offices
Drug stores/pharmacies	Office support services
Fabric, sewing, and needlepoint shops	Real estate services
Flower shops	Surveying services
Garment pressing, alterations and agents for	Title abstract offices
drycleaners and laundries
Gift shops
Grocery, markets, and specialty food stores
Health food stores
Hobby and craft shops
Home accessory shops
Jewelry stores
Kitchen supply stores
Liquor stores
Music/musical instrument stores
Office supply stores
Pet store
Photographic and portrait studios
Record and prerecorded tape stores
Shoe repair services
Specialty clothing, shoes and accessory shops
Stationery stores
Television and Radio sales and repair stores
Toy stores
Variety stores
Video stores