ZONING ADMINISTRATOR STAFF REPORT (Use Permit) MEETING DATE:

THE CITY OF

NOVATO

July 9, 2015

CALIFORNIA STAFF:

Graham Owen, Planner I (415) 899-8944

SUBJECT:

SHELL GAS STATION PROPANE TANK ADDITION P2015-047: USE PERMIT APN 152-102-04; 1390 S. NOVATO BLVD.

922 Machin Ave Novato, CA 94945 (415) 899-8989 FAX (415) 899-8216 www.novato.org

REQUESTED ACTION Mr. Muthana Ibrahim/MI Architects, Inc. has submitted an application for a use permit to allow a propane tank and associated equipment as a conditional use at 1390 S. Novato Blvd. The site is currently undergoing a full redevelopment as a 24-hour convenience store and car wash with gasoline and alcohol sales. The propane tank would be used to refill personal propane containers with the assistance of a station attendant. PROJECT DESCRIPTION The applicant requests that a use permit be granted to allow for the installation of a 500-gallon propane tank, dispenser pump, protective bollards, and associated mechanical equipment. The site is currently being redeveloped with a 24-hour convenience store, canopied fueling station, and drive-through car wash. The site plan, landscape plan, building architecture, and exterior materials for the gas station were approved by the Design Review Commission (DRC) on November 6, 2013. The Zoning Administrator subsequently approved a use permit for a convenience store and accessory alcohol sales on December 12, 2013. An amendment to the initial use permit is required for the proposed propane tank and associated equipment for two reasons: 1. A propane tank was not a requested use in the Use Permit application for the convenience store that was approved in 2013. The propane tank was also not shown on the DRCapproved site plan, however the proposed alterations to the plan are considered minor and do not require additional Design Review Commission consideration at this time. 2. Liquefied propane gas is flammable and a potential explosive, and as such is considered a hazardous material. The City of Novato defines hazardous materials as “All materials classified as such in Title 49 of the Code of Federal Regulations, including but not limited to, explosive, flammable, combustible, toxic, corrosive, reactive, unstable, hyperbolic and pyrofolic.” While the City of Novato does not explicitly regulate hazardous materials, a use permit is required for accessory storage and use of such materials in the General

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Commercial (CG) Zoning District. NEED FOR ZONING ADMINISTRATOR ACTION Novato Municipal Code Section 19.42.050 provides authorization for the Zoning Administrator to hold public hearings on a Use Permit application. The accessory storage of hazardous materials requires a Use Permit in the CG zoning district. The Zoning Administrator may approve or deny the request for a use permit based upon findings related to the proposal and the applicable zoning regulations and land use policies of the City. BACKGROUND Applicant:

Muthana Ibrahim, MI Architects

Property Owner:

AV Energy, LLC/Nick Royal

Property Size:

25,407 square feet (0.58 acres)

General Plan Designation:

General Commercial (CG)

Existing Zoning:

General Commercial (CG)

Existing Use:

Gas Station (under construction)

Adjacent Zoning and Uses:

Northeast – Business and Professional Office (BPO); Church Southeast – Business and Professional Office (BPO); Church Southwest –S. Novato Blvd., R1-7.5 Low Density Residential; Single Family Dwellings Northwest –Rowland Blvd., General Commercial (CG); Retail

ENVIRONMENTAL ASSESSMENT This project is exempt from the California Environmental Quality Act pursuant to Section 15303 (Class 3), New Construction or Conversion of Small Structures, of the CEQA Guidelines. CEQA allows for the construction and location of limited numbers of new, small facilities or structures, the installation of small new equipment and facilities in small structures, and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The proposed propane tank is considered a small accessory structure to the fueling station, and therefore meets the criteria for a Class 3 exemption. STAFF ANALYSIS In order to grant a Use Permit, the following findings must be made consistent with Novato Municipal Code Section 19.42.050.E. The following discussion addresses each required use permit finding: Use Permit Finding 1: The propose use is consistent with the General Plan and any applicable specific plan; Sr15033;07/07/15

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Discussion: The subject site is designated General Commercial (CG) in the General Plan. This land use designation is typically assigned to established commercial areas located on major arterial streets, and includes a variety of commercial and service establishments. A propane tank is an accessory use often located at a gas station, and is consistent with the General Commercial (CG) land use designation. The proposed propane tank addition can be evaluated for consistency with the following General Plan policies: SF Policy 28. Measures to Reduce Hazards. Consider measures to protect the public health from the hazards associated with the transportation, storage and disposal of hazardous wastes.  SF Program 28.1: Continue to refer land use and transportation decisions and other programs involving hazardous materials regulations to the appropriate agencies. SF Policy 30. Hazardous Materials Storage. Strictly regulate the storage of hazardous materials. While the City of Novato does not explicitly regulate the storage of hazardous materials, the City may regulate the siting of such materials through the discretionary use permit process. State and federal statutes provide specific regulation for the storage, transportation, and handling of hazardous materials, including liquefied propane gas. The City of Novato defines Hazardous Materials as “All materials classified as such in Title 49 of the Code of Federal Regulations, including but not limited to, explosive, flammable, combustible, toxic, corrosive, reactive, unstable, hyperbolic, and pyrofolic”. The Marin County Public Works – Waste Management Division is the local regulator of hazardous materials in the City of Novato through Cal EPA’s Certified Unified Programs Agency (CUPA) administration. Marin County also establishes procedures for responding to hazardous materials emergency incidents through the Marin County Hazardous Materials Area Plan. The Novato Fire Protection District reviewed the project for consistency with Fire District standards and recommended conditions of conformance to chapters of the California Fire Code and National Fire Protection Association standards pertaining to liquefied propane gas. These conditions are included in the Conditions of Approval on Pages 6-7 of this report. Compliance with these standards, as well as all applicable California Building Code standards, would be determined at the time a building permit is submitted to the City. SF Policy 31. Truck Routes for Hazardous Materials Transport. Develop, in cooperation with the County and neighboring cities, regulations prohibiting through-transport by trucks of hazardous materials on the local street systems and requiring that this activity be limited to State highways. The subject site is located approximately 1,500 feet from the Highway 101 southbound on-ramp on Rowland Blvd. at the intersection of Rowland Blvd. and S. Novato Blvd. These two roads are

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designated as arterials in the Transportation Chapter of the General Plan. Given this ease of access from high LOS roadways, it is unlikely that trucks transporting propane to the site would use any local streets. Given the considerations detailed above, staff finds that the request to allow a propane tank as a conditional use at a site under development as a gas station is consistent with the policies of the Novato General Plan and the General Commercial land use designation. Use Permit Finding 2: The proposed use is allowed with a Use Permit within the applicable zoning district and complies with all applicable provisions of this Zoning Ordinance and any relevant Master Plan and/or Precise Development Plan; Discussion: Conditional Use: Section 19.12.030 of the Zoning Ordinance specifies the permitted and conditional uses in the General Commercial zoning district. Propane storage is a conditionally permitted accessory use that may be allowed with a use permit. The Zoning Ordinance does not provide specific standards or requirements for the storage or dispensing of propane. In this instance the uniform requirements of the California Building Code and standards of the Novato Fire Protection District would dictate the design, safety features, and operational requirements to store and dispense propane at the project. As noted earlier, compliance with all applicable requirements would be determined at the time a building permit application is submitted to the City. Parking, Access, and Circulation: Section 19.30.040 of the Zoning Ordinance requires one vehicle parking space for every 400 square feet of gas station floor space. Additionally, 50% of pump island parking may be credited towards the parking requirement for ancillary uses, including car washes. Self-service car wash facilities require two spaces per stall in order to provide room for queuing and drying. As a result, the subject site requires seven parking spaces for the gas station, and two for the car wash. The installation of the tank would remove one parking space depicted in the approved 2013 site plan, but the proposed layout would still accommodate twelve spaces, which exceeds the minimum number of required spaces. The propane tank would be located along the southwest property line adjacent to a drive aisle that leads to the car wash queuing area. Access to the site from curb cuts along S. Novato Blvd. and Rowland Blvd. would remain unaffected by this development. Based on the observations above, the proposed propane tank is considered to meet Finding No. 2. Use Permit Finding 3: The establishment, maintenance or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use; Use Permit Finding 4: The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the

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neighborhood or to the general welfare of the City; Use Permit Finding 5: The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. Discussion (Findings 3, 4, & 5): Health, Safety, and General Welfare The applicant has indicated that the location of the proposed propane tank was selected due to National Electric Code standards that require a buffer zone between the tank dispenser and any covered structures. In this particular case, the required buffer radius is twenty feet from the propane dispenser, a buffer that precludes most other potential locations on the site. The area containing the propane tank and dispenser would be screened from the adjacent church property by an existing six-foot high, two-hour fire rated concrete masonry unit (CMU) wall along the southeast property line. The applicant has indicated that this wall can substitute for the hazardous material buffer in this vicinity, and would consequently prevent the buffer from encroaching onto the adjacent church property. This wall would be extended to also screen the tank and dispenser from the S. Novato Blvd. right-of-way, and would be painted to match the color of an approved dumpster enclosure to ensure a cohesive appearance of accessory structures on the site. The propane tank area would also be screened from the gas station parking area by concrete bollards to prevent vehicles from hitting the equipment. As noted earlier, the Novato Fire Protection District has reviewed the project for consistency with Fire District standards, and recommended conditions of conformance to chapters of the California Fire Code and National Fire Protection Association standards pertaining to liquefied propane gas. These conditions are included in the Conditions of Approval on Pages 6-7 of this report, and would be enforced during the review of the building permit for the propane tank. Compatibility The site is located across S. Novato Blvd. from several single-family residences, which are screened from the road by solid rear yard privacy fences and mature vegetation. These residences are located in an area the General Plan designates as Low Density Residential. However, the proposed propane tank would be located over 100 feet from the nearest residential property line, and screened from view by existing privacy fences and the proposed six-foot high CMU wall on the subject site. Therefore, given the measures proposed by the applicant to screen and protect the propane tank area, staff finds that the addition would be compatible with the existing and future land uses in the vicinity. Furthermore, provided that the applicant conforms to all Novato Fire Protection District, state, and federal regulations pertaining to propane storage, the proposal would not be detrimental to the health, safety, and general welfare of persons residing or working in the surrounding neighborhood, or detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City.

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RECOMMENDATION Staff recommends the Zoning Administrator make the required findings to approve a use permit allowing a propane tank and associated equipment as a conditional use based on the staff analysis above and subject to the conditions listed below. FINDINGS AND ACTION In accordance with Section 19.42.050E of the Novato Municipal Code, the Zoning Administrator grants a use permit to allow a propane tank and associated equipment as a conditional use at 1390 S. Novato Blvd. on the basis of the findings discussed above and subject to the conditions of approval listed below. CONDITIONS OF APPROVAL 1. This Use Permit approval shall expire two (2) years from the date of approval unless the activity authorized therein has commenced operation. 2. The approval granted herein shall not become effective until all appropriate fees billed by the City of Novato to the application account are paid in full in accordance with the City’s Cost Base Fee System. Failure to pay said fees may result in the City withholding issuance of related building permits, certificate of occupancy, recordation of final maps or other entitlements. 3. The conditions of approval for the Use Permit (P2013-019) dated December 12, 2013 for the gas station and car wash remain in effect, with the exception that a propane tank and associated equipment are added as a conditional use and operation, and with the additional conditions listed herein. 4. The accessory storage and use of propane may be allowed in accordance with any applicable standards as promulgated by the Novato Fire Protection District and all other applicable local, state and federal laws and regulations. 5. A fire code permit is required for LP gas. The applicant shall submit plans and specifications under an NFD permit application and fees for review. 6. The LP tank installation shall conform with CFC Ch 61 and NFPA 58. 7. Propane service trucks shall be parked on-site in such a manner as to ensure safe circulation, and shall not block the site entrances on S. Novato Blvd. or Rowland Blvd. 8. Indemnity and Time Limitations a. The applicant shall defend, indemnify and hold harmless the City, its agents, officers, attorneys and employees from any claim, action, or proceeding brought against the City or its agents, officers, attorneys, or employees, to attack set aside, void or annul the City’s decision to approve the application and associated environmental determination at issue herein. This indemnification shall include Sr15033;07/07/15

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damages or fees awarded against the City, if any, cost of suit, attorney’s fees, and other costs and expenses incurred in connection with such action whether incurred by the applicant, the City, and/or parties initiating or bringing such action. b. The applicant shall defend, indemnify and hold harmless the City, its agents, officers, employees, and attorneys for all costs incurred in additional investigation (such as the environmental determination at issue herein or any subsequently required Environmental Document), if made necessary by said legal action and if the applicant desires to pursue securing such approvals, after initiation of such litigation, which are conditioned on the approval of such documents, in a form and under conditions approved by the City Attorney. c. The applicant indemnifies the City for all the City’s costs, fees, and damages which the City incurs in enforcing the above indemnification provisions. d. Unless a shorter period applies, the time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure, Section 1094.6. e. The Conditions of Project Approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. The applicant is hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If the applicant fails to file a protest within this 90-day period complying with all of the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions. FURTHER ACTION No further action on the application will be taken unless an appeal is filed in writing within ten calendar days along with the required filing fee. ATTACHMENTS 1. 2. 3.

Applicant’s Site Plans Aerial Photograph of Site Site Plan Super-imposed on Aerial Photograph

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GENERAL NOTES

SCOPE OF WORK

DRAWING INDEX

& "LOOP" CONVENIENCE STORE 1390 S. NOVATO BLVD. NOVATO, CA 94947

M I Architects, Inc.

PROJECT DIRECTORY

1

SITE PLAN

SITE PLAN LEGEND

SD1

M I Architects, Inc.

5

4

3

3/4" = 1'-0"

1/2" = 1'-0"

1/2" = 1'-0"

B 10

9

3" = 1'-0"

3" = 1'-0"

8

7 3/16"=1'-0"

& "LOOP" CONVENIENCE STORE 1390 S. NOVATO BLVD. NOVATO, CA 94947

A

15

20

19

17

N.T.S.

N.T.S.

1"-1'-0"

SD2

PLANITING LEGEND SYMBOL

BOTANICAL NAME

COMMON NAME

H2O

SIZE

ROWLAND BOULEVARD 100' WIDE PUBLIC RIGHT OF WAY

100' WIDE PUBLIC RIGHT OF WAY

NO PARKING

LOW-EMITTING / FUEL EFFICIENCY

PLANITING NOTES

1

SHELL GAS STATION, CARWASH & "LOOP" CONVENIENCE STORE 1390 S. NOVATO BLVD. NOVATO, CA 94947

SOUTH NOVATO BOULEVARD

M I Architects, Inc.

LANDSCAPE PLAN

Ciardella associates Landscape Architecture Urban Design

640 Menlo Ave, Suite 10 Menlo Park, CA 94025 Tel 650 326 6100 F 650 323 6706 [email protected]

5-21-15

LA1

IRRIGATION LEGEND

ROWLAND BOULEVARD 100' WIDE PUBLIC RIGHT OF WAY

100' WIDE PUBLIC RIGHT OF WAY

M I Architects, Inc.

NO PARKING

LOW-EMITTING / FUEL EFFICIENCY

IRRIGATION NOTES

1

SHELL GAS STATION, CARWASH & "LOOP" CONVENIENCE STORE 1390 S. NOVATO BLVD. NOVATO, CA 94947

SOUTH NOVATO BOULEVARD

C

IRRIGATION PLAN 3"

Ciardella associates 5-21-15

Landscape Architecture Urban Design

640 Menlo Ave, Suite 10 Menlo Park, CA 94025 Tel 650 326 6100 F 650 323 6706 [email protected]

LA2

KEYNOTES / GENERAL NOTES

ROWLAND BOULEVARD 100' WIDE PUBLIC RIGHT OF WAY

& "LOOP" CONVENIENCE STORE 1390 S. NOVATO BLVD. NOVATO, CA 94947

M I Architects, Inc.

CONDUIT & WIRE SCHEDULE

UTILITY CONTACTS

1

LEGEND

ELECTRICAL SITE PLAN

ES1

M I Architects, Inc.

ELEVATION

PLAN

2 NO SCALE

SHEET NOTES

& "LOOP" CONVENIENCE STORE 1390 S. NOVATO BLVD. NOVATO, CA 94947

SHEET NOTES

3 NO SCALE

5

4

3

NO SCALE

NO SCALE

NO SCALE

E3.0

& "LOOP" CONVENIENCE STORE 1390 S. NOVATO BLVD. NOVATO, CA 94947

M I Architects, Inc.

A

NO SCALE

E3.1

Attachment 2. Aerial Photograph

Attachment 3. Site Plan Superimposed on Aerial Photograph