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ZONING ADMINISTRATOR STAFF REPORT

(Use Permit)

MEETING

DATE: July 9, 2015

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.

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 DRC-

approved 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

THE CITY OF

NOVATO CALIFORNIA

922 Machin Ave

Novato, CA 94945 (415) 899-8989

FAX (415) 899-8216 www.novato.org

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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;

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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

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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. Applicant’s Site Plans 2. Aerial Photograph of Site 3. Site Plan Super-imposed on Aerial Photograph

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M I Architects, Inc.

SD1

1 SITE PLAN SITE PLAN LEGEND

GENERAL NOTES

PROJECT DIRECTORY

SCOPE OF WORK

DRAWING INDEX

A

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41/2" = 1'-0"

73/16"=1'-0"

19N.T.S.

171"-1'-0"

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93" = 1'-0"

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31/2" = 1'-0"

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ROWLAND BOULEVARD

100' WIDE PUBLIC RIGHT OF WAY

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M I Architects, Inc.

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1 LANDSCAPE PLAN

Landscape ArchitectureUrban Design

Menlo Park, CA 94025640 Menlo Ave, Suite 10

Tel 650 326 6100a s s o c i a t e s

ca@ciardella-assoc.comF 650 323 6706

Ciardella

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PLANITING NOTES

PLANITING LEGENDSYMBOL BOTANICAL NAME COMMON NAME H2O SIZE

ROWLAND BOULEVARD

100' WIDE PUBLIC RIGHT OF WAY

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M I Architects, Inc.

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Landscape ArchitectureUrban Design

Menlo Park, CA 94025640 Menlo Ave, Suite 10

Tel 650 326 6100a s s o c i a t e s

ca@ciardella-assoc.comF 650 323 6706

Ciardella

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1 IRRIGATION PLAN

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IRRIGATION NOTES

IRRIGATION LEGEND

3"

ROWLAND BOULEVARD 100' WIDE PUBLIC RIGHT OF WAY

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KEYNOTES / GENERAL NOTES

1 ELECTRICAL SITE PLAN

LEGEND

CONDUIT & WIRE SCHEDULE

UTILITY CONTACTS

ELEVATION

PLAN

SHEET NOTES

SHEET NOTES

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Attachment 2. Aerial Photograph

Attachment 3. Site Plan Super-

imposed on Aerial Photograph