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San Rafael zoning administrator conditionally approves use permit for 917–921 4th Street performance venue
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Summary
The City of San Rafael zoning administrator conditionally approved a use permit for a new bar, restaurant and live‑performance venue at 917–921 4th Street, setting operating hours, a 1:30 a.m. live‑music cutoff and standard noise and fire‑safety conditions; the decision is appealable within five days.
The City of San Rafael zoning administrator conditionally approved a use permit for a bar, restaurant and live‑performance venue at 917–921 4th Street after a planning staff presentation and brief applicant exchange.
Margaret, a planning staff member, told the hearing the application seeks an ABC Type 47 license and would convert the historic performance space (formerly known as the Phoenix) into an event venue with two bars, a commercial kitchen with a pickup window, offices and a rear assembly area that can host spoken performances, live music and televised sporting events. “They have agreed to a 01:30 cutoff for live music performances,” Margaret said, outlining a range of approved hours and special‑event exceptions.
The zoning administrator, who opened and ran the hearing, said the project consists chiefly of interior tenant improvements and limited exterior changes — notably replacement of a single glass panel or door — and emphasized that most exterior modifications could trigger design review. The staff noted that building permits will have to comply with the 2022 California Fire Code and 2019 NFPA standards, and that the front entrance must be retrofitted with panic hardware and that fire protection systems may be deferred for later submittal.
“So, with that, I will conditionally approve this use permit today for the new business going in at 917 to 921 4th Street as a performance venue bar and restaurant,” the zoning administrator said, announcing the approval and the conditions that were discussed at the hearing. The decision is appealable within five days; the zoning administrator stated the appeal must be filed with the city by 5 p.m. on Tuesday, Oct. 21, with a $358 fee for residents and a $5,119 fee for non‑residents.
Staff and the applicant discussed exterior paint and facade questions on the record: repainting to match the existing color to cover graffiti was described as routine maintenance and not requiring a permit, while a wholesale change in storefront color or removal of historic paint could require design review and review under the Secretary of the Interior standards for rehabilitation. The applicant acknowledged some graffiti and wear to doors and said replacements may be necessary but would generally keep the location and style of existing entrances.
No members of the public spoke during the allotted public comment window.
The zoning administrator closed the hearing and noted that building permits and business licensing could proceed if no timely appeal is filed; staff reiterated that the business must comply with city noise standards and any other applicable conditions tied to the permit.
