HomeMy WebLinkAboutPlanning Commission 2020-07-28 Agenda Packet
AGENDA
SAN RAFAEL PLANNING COMMISSION
REGULAR MEETING
TUESDAY, July 28, 2020, 7:00 P.M.
Virtual Meeting
(669) 900-9128
Meeting ID: 897-5534-1830#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Executive Order N-29-20, the City of San Rafael will no longer offer an in-person
meeting location for the public to attend. This meeting will be streamed live throughYouTube.
Comments submitted via YouTube must be submitted according to the directions located on the
YouTube video description. The City is not responsible for any interrupted service. To ensure
the Planning Commission receives your comments, submitwritten comments to the Alicia
Giudice, Principal Planner (alicia.giudice@cityofsanrafael.org), prior to the meeting. For more
information regarding real-time public comments, please visit our Live Commenting Pilot page at
https://www.cityofsanrafael.org/live-commenting-pilot/.
Want to listen to the meeting and comment in real-time over the phone? Contact the City Clerk’s
office at 415-485-3066 or by email to lindsay.lara@cityofsanrafael.org to learn more about
participation by telephone.
Any member of the public who needs accommodations should contact the City Clerk (email
lindsay.lara@cityofsanrafael.org or phone at 415-485-3066) who will use their best efforts to
provide reasonable accommodations to provide as much accessibility as possible while also
maintaining public safety in accordance with the City procedure for resolving reasonable
accommodation requests.
Members of the public may speak on Agenda items.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
Anyone with an urgent communication on a topic not on the agenda may address the
Commission at this time. Please notify the Community Development Director in advance.
CONSENT CALENDAR
1. Minutes, June 23, 2020
PUBLIC HEARING
2. 10 Paul Drive. – Request for a Use Permit to allow a medical office
(ophthalmology practice) within an existing 2,378 q ft office space. The property
is zoned Light Industrial/Office, which allows for conditional use of a medical
office, with approval by the Planning Commission; APN: 155-151-35; Light
Industrial/ Office (LI/O) District; Najafi Mohsen & Azaranu 2001 Trust Etal, Najadi
Any records relating to an Agenda Item, received by a majority or more of the board or commission less than 72 hours before the meeting, shall be available for inspection in the
CDD Dept, at 1400 Fifth Ave, Third Floor, San Rafael, CA
Sign Language and interpretation and assistive listening devices may be requested by calling (415) 485-3066 (voice), emailing Lindsay.lara@cityofsanrafael.org, or using the
California Telecommunications Relay Service by dialing “711” at least 72 hours in advance. Copies of documents are available in accessible formats upon request.
Public transportation to City Hall is available through Golden Gate Transit, Line 22 or 23. Para-transit is available by calling Whistlestop Wheels at (415) 454-0964.
To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented productsTo
allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products.
.
THE PLANNING COMMISSION WILL TAKE UP NO NEW BUSINESS AFTER 11:00 P .M. AT REGULARLY SCHEDULED MEETINGS. THIS SHALL BE INTERPRETED
TO MEAN THAT NO AGENDA ITEM OR OTHER BUSINESS WILL BE DISCUSSED OR ACTED UPON AFTER THE AGENDA ITEM UNDER CONSIDERATION AT 11:00
P.M. THE COMMISSION MAY SUSPEND THIS RULE TO DISCUSS AND/OR ACT UPON ANY ADDITIONAL AGENDA ITEM(S) DEEMED APPROPRIATE BY A
UNANIMOUS VOTE OF THE MEMBERS PRESENT.APPEAL RIGHTS: ANY PERSON MAY FILE AN APPEAL OF THE PLANNING COMMISSION'S ACTION ON
AGENDA ITEMS WITHIN FIVE BUSINESS DAYS (NORMALLY 5:00 P.M. ON THE FOLLOWING TUESDAY) AND WITHIN 10 CALENDAR DAYS OF AN ACTION ON A
SUBDIVISION. AN APPEAL LETTER SHALL BE FILED WITH THE CITY CLERK, ALONG WITH AN APPEAL FEE OF $350 (FOR NON-APPLICANTS) OR A $4,476
DEPOSIT (FOR APPLICANTS) MADE PAYABLE TO THE CITY OF SAN RAFAEL, AND SHALL SET FORTH THE BASIS FOR APPEAL. THERE IS A $50.00
ADDITIONAL CHARGE FOR REQUEST FOR CONTINUATION OF AN APPEAL BY APPELLANT.
Mohsen /TR/ & Etal, owners; Kathryn Najafi-Tagol, applicant. File No. UP20-008.
Project Planner: Renee Nickenig
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
I. Next Meeting: August 11, 2020.
II. I, Anne Derrick, hereby certify that on Friday, July 24 2020, I posted a notice of the
July 28, 2020 Planning Commission meeting on the City of San Rafael Agenda
Board.
MINUTES
SAN RAFAEL PLANNING COMMISSION
REGULAR MEETING
TUESDAY, June 23, 2020, 7:00 P.M.
Virtual Meeting
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Executive Order N-29-20, the City of San Rafael will no longer offer an in-person
meeting location for the public to attend. This meeting will be streamed live throughYouTube.
Comments submitted via YouTube must be submitted according to the directions located on the
YouTube video description. The City is not responsible for any interrupted service. To ensure
the Planning Commission receives your comments, submitwritten comments to the Alicia
Giudice, Principal Planner (alicia.giudice@cityofsanrafael.org), prior to the meeting. For more
information regarding real-time public comments, please visit our Live Commenting Pilot page at
https://www.cityofsanrafael.org/live-commenting-pilot/.
Want to listen to the meeting and comment in real-time over the phone? Contact the City Clerk’s
office at 415-485-3066 or by email to lindsay.lara@cityofsanrafael.org to learn more about
participation by telephone.
Any member of the public who needs accommodations should contact the City Clerk (email
lindsay.lara@cityofsanrafael.org or phone at 415-485-3066) who will use their best efforts to
provide reasonable accommodations to provide as much accessibility as possible while also
maintaining public safety in accordance with the City procedure for resolving reasonable
accommodation requests.
Present: Berenice Davidson
Mark Lubamersky
Barrett Schaeffer
Shingai Samudzi
Sarah Loughran
Aldo Mercado
Absent: None
Also Present: Alicia Giudice, Principal Planner
Raffi Boloyan, Planning Manager
Steve Stafford, Senor Planner
Members of the public may speak on Agenda items.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
Anyone with an urgent communication on a topic not on the agenda may address the
Commission at this time. Please notify the Community Development Director in advance.
Any records relating to an Agenda Item, received by a majority or more of the board or commission less than 72 hours before the meeting, shall be available for inspection in the
CDD Dept, at 1400 Fifth Ave, Third Floor, San Rafael, CA
Sign Language and interpretation and assistive listening devices may be requested by calling (415) 485-3066 (voice), emailing Lindsay.lara@cityofsanrafael.org, or using the
California Telecommunications Relay Service by dialing “711” at least 72 hours in advance. Copies of documents are available in accessible formats upon request.
Public transportation to City Hall is available through Golden Gate Transit, Line 22 or 23. Para-transit is available by calling Whistlestop Wheels at (415) 454-0964.
To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented productsTo
allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products.
.
THE PLANNING COMMISSION WILL TAKE UP NO NEW BUSINESS AFTER 11:00 P .M. AT REGULARLY SCHEDULED MEETINGS. THIS SHALL BE INTERPRETED
TO MEAN THAT NO AGENDA ITEM OR OTHER BUSINESS WILL BE DISCUSSED OR ACTED UPON AFTER THE AGENDA ITEM UNDER CONSIDERATION AT 11:00
P.M. THE COMMISSION MAY SUSPEND THIS RULE TO DISCUSS AND/OR ACT UPON ANY ADDITIONAL AGENDA ITEM(S) DEEMED APPROPRIATE BY A
UNANIMOUS VOTE OF THE MEMBERS PRESENT.APPEAL RIGHTS: ANY PERSON MAY FILE AN APPEAL OF THE PLANNING COMMISSION'S ACTION ON
AGENDA ITEMS WITHIN FIVE BUSINESS DAYS (NORMALLY 5:00 P.M. ON THE FOLLOWING TUESDAY) AND WITHIN 10 CALENDAR DAYS OF AN ACTION ON A
SUBDIVISION. AN APPEAL LETTER SHALL BE FILED WITH THE CITY CLERK, ALONG WITH AN APPEAL FEE OF $350 (FOR NON-APPLICANTS) OR A $4,476
DEPOSIT (FOR APPLICANTS) MADE PAYABLE TO THE CITY OF SAN RAFAEL, AND SHALL SET FORTH THE BASIS FOR APPEAL. THERE IS A $50.00
ADDITIONAL CHARGE FOR REQUEST FOR CONTINUATION OF AN APPEAL BY APPELLANT.
CONSENT CALENDAR
1. Minutes May 12, 2020
Mark Lubamerksy moved and Barrett Schaefer seconded to approve Minutes as
presented. The vote is as follows:
AYES: Berenice Davidson, Sarah Loughran, Mark Lubamersky, Aldo
Mercado, Shingai Samudzi, Barrett Schaefer
NOES: None
ABSTAIN: None
ABSENT: None
PUBLIC HEARING
2. 2130 Fourth Street – Request for a Use Permit allow a Parking Modification of the
required on-site parking to support of a proposed 290 sq. ft. expansion of the Miracle
Mile Café indoor dining area. On-site parking is currently ‘legal nonconforming’,
providing a total of 23 parking spaces (13 dedicated spaces in a lower parking area
and another 10 parking spaces on an upper gravel parking area off Alexander Ave.),
where 33 parking spaces are required. The City’s parking standards would require
the proposed project to provide an additional six (6) parking spaces. The project has
submitted a parking study which proposes the additional parking demand from the
restaurant expansion may be accommodated by public parking in the vicinity of the
site; APN: 010-277-11; Commercial/Office (C/O) District; Charles and Susan E. Pick
Revocable Trust, owners and applicants; West End Neighborhood. Project Planner:
Steve Stafford
Mark Lubamersky moved and Barrett Schaeffer seconded to adopt resolution
approving project with modification to Condition of Approval #2 as outlined by staff.
The vote is as follows:
AYES: Berenice Davidson, Sarah Loughran, Mark Lubamersky, Aldo
Mercado, Shingai Samudzi, Barrett Schaefer
NOES: None
ABSTAIN: None
ABSENT: None
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
Community Development Department – Planning Division
Meeting Date: July 28, 2020
Agenda Item:
Case Numbers: UP20-008
Project
Planner:
Renee Nickenig
415-485-3397
REPORT TO PLANNING COMMISSION
SUBJECT: 10 Paul Drive – Request for a Use Permit to allow a medical office (ophthalmology practice) within
an existing 2,378 sq. ft. office space. The property is zoned Light Industrial/Office, which allows for conditional
use of a medical office with approval by the Planning Commission; APN: 155-151-35; Light Industrial/ Office
(LI/O) District; Najafi Mohsen & Azaranu 2001 Trust Etal, Najadi Mohsen /TR/ & Etal, owners; Kathryn Najafi-
Tagol, applicant. File No. UP20-008
EXECUTIVE SUMMARY
The applicant is requesting approval of a Use Permit to allow for the occupation of a medical office in the
Light Industrial/Office (LI/O) District at 10 Paul Drive. The proposed space has previously been used as
general office space, and is currently vacant. The project proposes to utilize the existing 2,378 sq. ft. of
floor space, and does not propose to expand any further at this time for use as an ophthalmology office.
As such, the project does not propose any physical expansion to the existing building on the site that would
constitute additional FAR (floor area ratio).
The proposed change of use from general office to medical office for this 2,378 sq. ft. suite would increase
parking requirement by one (1) space, from nine (9) spaces to 10. However, the site has adequate parking
for all three uses under grandfathered rights to satisfy the one (1) space increase.
Staff finds the proposed project meets the applicable General Plan land use policies and standards and
findings under the Zoning Ordinance (see discussion under the Analysis section of this report). The
application was reviewed by applicable City departments and is recommended for approval with conditions.
RECOMMENDATION
It is recommended that the Planning Commission adopt the Draft Resolution conditionally approving the
Use Permit for the medical office use (Exhibit 2).
PROPERTY FACTS
Address/Location: 10 Paul Drive Parcel Number(s): 155-151-35
Property Size: 16,540 sq. ft. Neighborhood: North San Rafael Commercial District
Site Characteristics
General Plan Designation Zoning Designation Existing Land-Use
Project Site: Light Industry/Office (LI/O) Light Industrial/Office (LI/O) 51: Commercial - Improved
North: Light Industry/Office (LI/O) Light Industrial/Office (LI/O) 41: Industrial - Improved
South: Light Industry/Office (LI/O) Light Industrial/Office (LI/O) 51: Commercial - Improved
REPORT TO PLANNING COMMISSION - Case No: UP20-008
10 Paul Drive
July 28, 2020
Page 2
East: Light Industry/Office (LI/O) Light Industrial/Office (LI/O) 41: Industrial – Improved
West: Light Industry/Office (LI/O) Light Industrial/Office (LI/O) 51: Commercial - Improved
BACKGROUND
Site Description/Setting:
The subject property is located on a corner lot at the intersection of Paul Drive and Mark Drive. The building
has frontage on Paul Drive to the west and Mark Drive to the South. The site is approximately 16,500 sq.
ft. in size, and is essentially flat with a slight slope of 1.05%. There is a curved drive at the south of the
building parallel to Mark Drive, and a parking lot off of Paul Drive at the north.
The site is currently developed with a 4,985 sq. ft. building that is divided into three distinct spaces, of
which the proposed medical office will only occupy one. The two other spaces at the building – addressed
80 Mark Drive and 92 Mark Drive – are currently vacant. The subject site currently hosts 19 parking spaces
for the three uses on the site. The site previously had 20 spaces, however, one space was removed to
create the required ADA stall, and resulted in 19 spaces currently on site. There is also a separate building
(54 Mark Drive), attached to the subject building and is located on a separate parcel.
The site is surrounded by light industrial development, with some other limited commercial and office
space.
Previous Approvals – Use Permits:
There are no previously recorded Use Permits at the subject site.
PROJECT DESCRIPTION
The applicant has proposed to use the existing office space at 10 Paul Drive for an ophthalmology
practice, designated as a medical office use by the City’s Zoning Ordinance. The project does not
currently propose any changes to the exterior of the building, or any additions to increase the FAR of the
building, and will utilize the existing space to create exam rooms, patient waiting areas, and designated
staff space. The submitted floor plan indicates that there may be a future proposal to expand the medical
office into the adjoining office space within the existing building. As proposed, the ophthalmology practice
will operate Monday – Friday, 8:30AM – 5:00PM. The practice employs six (6) full-time and two (2) part-
time employees, with a minimum of four (4) employees on-site. The practice may see between 10 and 30
patients throughout a day, by appointment only. Minor procedures will be performed at the subject site,
while larger surgeries will be performed off-site at Marin General Hospital.
The proposed change in use would intensify parking requirement for the tenant suite from nine (9) to ten
10 spaces based on the change from general office (1 space/250 sq. ft. requirement) to medical office
(one space/225 sq. ft. parking requirement).
A revised site plan received July 21, 2020 includes site modifications to add and modify parking and ADA
access at the site. This revision would require an Administrative Environmental and Design Review
Permit. A condition of the approval of this Use Permit (UP20-008) will include a condition that any site
plan changes to the parking will require application and approval of an Administrative Environmental and
Design Review Permit before work can begin.
Planning Applications:
The project requires the approval of a Use Permit by the Planning Commission to operate a medical office
in a Light Industrial/Office district.
REPORT TO PLANNING COMMISSION - Case No: UP20-008
10 Paul Drive
July 28, 2020
Page 3
ANALYSIS
San Rafael General Plan 2020 Consistency:
The proposed project would be consistent with the following relevant policies of the San Rafael General
Plan 2020:
Land Use Element: The project site has a Light Industrial/Office General Plan land use designation.
Policy LU-23 (Commercial and Industrial Land Use Categories), describes Light Industrial/Office uses as
motor vehicle services, contractor uses, light manufacturing, distribution, warehouse and storage,
incidental employee serving retail/service, office, and specialty retail.
The proposed Use Permit maintains use of the site as an office space. As such, the proposed use is
consistent with the General Plan Use Designation of Light Industrial/Office use for the site.
Neighborhood Element: The project site is located in the North San Rafael Commercial Center
neighborhood, specifically east of the Highway 101 in an area denoted as the Northgate Business. This
area is comprised of a mix of office and industrial uses supportive of small business that support San
Rafael’s economy.
Policy NH-137 (Northgate Business Park) aims to “[protect] and maintain existing industrial uses and
industrial sites that are important to San Rafael’s economy and needed for the convenience of its
residents and businesses. Allow uses such as delis and copy shops that serve businesses and
employees in the area.” Although the proposed medical office use does not directly support the
surrounding business, the use provides a service for San Rafael residents and those who work in
adjacent neighborhoods and throughout San Rafael. As such, the proposed use supports the General
Plan Neighborhood Policies for the North San Rafael Commercial Center and the Northgate Business
Park.
Zoning Ordinance Consistency:
The project has been reviewed for consistency with the San Rafael Zoning Ordinance. Overall, the project
would be consistent with all applicable regulations of the Zoning Ordinance.
Chapter 6 – Industrial Area Use and Development Standards
The project site is located in a Light Industrial/Office District. Pursuant to Section 14.06.010, the
proposed medical office is consistent with the specific purposes of the designated industrial districts and
requires review and approval of a Use Permit by the Planning Commission. The project proposes to
utilize existing office space, which will provide diversity of office uses in the area without taking away
from light industrial uses.
Chapter 18 – Parking Standards
Pursuant to Section 14.18.040 (Parking Requirements) of the Zoning Ordinance, the proposed (approx.)
2,378 sq. ft. medical office requires one (1) parking space per 225 sq. ft., or 10 parking spaces for that
suite. The other two tenant spaces total approximately 2,440 sq. ft. and as general office uses (1 space/250
sq. ft.), require 10 spaces. Therefore, the total parking required on site is 20 spaces. The site was originally
built with 20 spaces, but one space was previously removed, for compliance with the required ADA parking
space. Therefore, the site maintains a grandfathered parking of 20 spaces and the proposed site, with the
new medical office use, would comply.
Chapter 22 – Use Permits
REPORT TO PLANNING COMMISSION - Case No: UP20-008
10 Paul Drive
July 28, 2020
Page 4
The proposed project to operate a medical office at the Light Industrial/Office site requires a conditional
Use Permit. Pursuant to Section 14.22.080, Staff finds the findings are met for approval of the proposed
Use Permit as identified in the Planning Commission Resolution (Exhibit 2). Staff from applicable City
Departments, including Building Division and Fire Prevention have reviewed the proposed project and
recommended approval and included conditions of approval. The draft Resolution includes standard
conditions of approval and there are no notable or unique conditions.
DESIGN REVIEW BOARD
Given that there are no additions or major exterior modifications proposed at this time, an Environmental
and Design Review Permit is not required and therefore, the City’s Design Review Board has not reviewed
the project.
ENVIRONMENTAL DETERMINATION
The proposed project is exempt from the requirements of the California Environmental Quality Act
(CEQA), pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines which exempts
improvements to existing facilities.
NEIGHBORHOOD MEETING / CORRESPONDENCE
Notice of hearing for the project was conducted in accordance with noticing requirements contained in
Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and
occupants within a 300-foot radius of the subject site 15 calendar days prior to this hearing. No HOA or
other neighborhood association is present in this radius.
No neighborhood meeting was held. No public correspondence was received prior to the PC meeting. In
addition, no public comments have been received as of the time of the reproduction of this staff report.
Any comments received after the staff report is distributed to the Commission will be forwarded under
separate cover.
OPTIONS
The Planning Commission has the following options:
1. Approve the applications as presented (Staff Recommendation),
2. Approve the applications with certain modifications, changes or additional conditions of
approval,
3. Continue the applications to allow the applicant to address any of the Commission’s
comments, or concerns.
4. Deny the project and direct staff to return with a revised Resolution.
EXHIBITS
1. Vicinity Map
2. Draft Resolution
3. Site Plan/Floor Plan
4. Project Description from applicant, dated July 21, 2020
While we strive to produce maps with good accuracy and with current accompanying
data, the accuracy of the information herein cannot be guaranteed. This map was
prepared using programetric computer aided drafting techniques, and it does not
represent legal boundary survey data.
Exhibit 1 - Vicinity Map 10 Paul Dr
RESOLUTION NO. 20-
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING A
USE PERMIT (UP20-008) TO ALLOW A MEDICAL OFFICE USE IN AN EXISTING
2,378 SQ FT OFFICE SPACE AT 10 PAUL DRIVE
(APN: 155-151-35)
WHEREAS, on May 6, 2020, an application for a Use Permit (UP20-008) was submitted
to the Community Development Department to allow for the use of an existing 2,378 sq. ft.
office space as a medical office use (ophthalmology practice) at 10 Paul Drive; and
WHEREAS, the application was referred to applicable City Departments and outside
agencies for their review and feedback;
WHEREAS on July 5, 2020, the application was deemed complete for processing;
WHEREAS, on July 28, 2020, the City of San Rafael Planning Commission held a duly-
noticed public hearing on the proposed Use Permit request, accepting all oral and written public
testimony and the written report of the Community Development Department staff; and
WHEREAS, the custodian of documents which constitute the record of proceedings
upon which this decision is based is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission approves
the Use Permit for the use of a medical office (ophthalmology practice) at 10 Paul Drive based
on the following findings:
California Environmental Quality Act (CEQA)
Finding
The proposed project is exempt from the requirements of the California Environmental Quality
Act (CEQA), since it qualifies as an Existing Facility pursuant to Section 15301(a) of the CEQA
Guidelines which exempts the operation, repair, maintenance, permitting, leasing, licensing, or
minor alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of existing or former use.
Use Permit (UP20-008)
Findings
1. The proposed project would be in accord with Land Use Element Polices LU-23 (Light
Industrial/Office Land Use Category) and NH-137 (Northgate Business Park), the objectives
of the Zoning Ordinance and the purposes of the Light Industrial/Office Zoning District in
that: a) the operation of a medical office is consistent with the land use designation; b) the
medical office is identified as a conditionally permitted use in the LI/O District, subject to a
Conditional Use Permit, which has been applied for and considered by the Planning
Commission; and c) the medical office contributes to the mix of uses in the area to support
the City’s economic development.
2. The proposed medical office (ophthalmology practice), with conditions, will not be
detrimental to public health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity, or to the general welfare of the City because: a) the proposed
use has been reviewed by appropriate City departments and conditions have been applied to
minimize adverse impacts; b) the existing building has historically been used as general
office and the conversion of part of the building to a medical office use would be in character
and not conflict with the adjacent uses and surrounding properties; and c) no potential health
effects are expected from the medical office use, given that the use would use and function as
a typical office in terms of use, noise, hours of operation, and traffic patterns.
3. The proposed medical office use complies with each of the applicable provisions of the
Zoning Ordinance (Light Industrial/Office 14.06.010, Parking requirements 14.18.040, and
Use Permits 14.22.020) because: a) the medical office use is identified as a conditionally
permitted use in the Light Industrial/Office District and a Use Permit has been applied for
and considered by the Planning Commission; b) the medical office will be in keeping with
the limitation of non-industrial uses as the medical office will be operating in an existing
office space and will not be expanding the size of the space; c) although the site has 19 actual
spaces on site, the site has grandfathered rights to 20 parking spaces and with the change in
use from general office to medical office use, for the 2,378 sq. ft space, the total parking
required on the site would be within the 20 spaces that the site has grandfathered rights to;
and d) the proposed plans have been reviewed by the City’s Fire Prevention Bureau and
Building Division comments are included as conditions of approval in the attached Draft
Resolution;
BE IT FURTHER RESOLVED, that the Planning Commission hereby approves the Use
Permit for the operation of a medical office (ophthalmology practice) at 10 Paul Drive subject to
the following conditions of approval:
Use Permit (UP20-008)
Conditions of Approval
Community Development Department - Planning Division
1. This Use Permit (UP20-008) approves the use of an existing 2,378 sq. ft. tenant suite in an
existing multi-tenant building at 10 Paul Drive as a medical office (ophthalmology practice).
As detailed in the Project Description submitted by the applicant, dated July 21, 2020, the
proposed Use Permit would be composed of an ophthalmology practice with six (6) full-time
and two (2) part-time employees, and between 10 and 30 patients per day by appointment
only. Minor procedures will be performed at the subject site, while larger surgeries will be
performed off-site. The ophthalmology practice will operate between the hours of 8:30AM to
5:00PM, Monday through Friday. Minor adjustments to the use, including the hours of
operation, shall be permitted subject to approval of the Community Development Director.
Other changes not deemed minor by the Community Development Director shall require an
amendment to the Use Permit, through the amendment process specified in the Zoning
Ordinance (Chapter 22 – Use Permits)
2. This Use Permit (UP20-008) shall run with the land and shall remain valid regardless of any
change of ownership of the project site or business, subject to these conditions and
limitations of the Use Permit, provided that a building permit and business license are
obtained by or a time extension request is submitted to the City’s Community Development
Department within two (2) year of this approval or until July 28, 2022. Failure to obtain a
building permit or a time extension by the specified date will result in the expiration of this
Use Permit.
3. Failure to comply with any project conditions of approval may result in the revocation of the
Use Permit. The San Rafael Planning Division can bring up this Use Permit (UP20-008) for
review if problems arise from the use.
4. Expansion of the medical office into an adjacent space within the building may require an
amendment to the Use Permit (UP20-008).
5. This Use Permit does not authorize any exterior modifications to the structure. Should any
exterior modifications to the structure be proposed, an Environmental and Design Review
Permit may be required to review and consider such changes.
6. This Use Permit does not authorize any exterior signage on the building or on the site for this
use. Any proposed new signage for this use requires compliance with the established Sign
Ordinance and an application must be filed with the required submittal materials and fees for
City review for City review and approval. Any new signage must comply with the Sign
Ordinance, otherwise, the signage would require an application for a Sign Exception or
application to establish a Sign Program.
7. This Use Permit does not approve parking lot and site plan changes. Such changes will
require a separate application for, and approval of, an Administrative Environmental and
Design Review Permit prior to building permit issuance.
8. All patient and employee parking shall be directed to the on-site parking lot. Operator shall
encourage all patrons and employees to park on site.
9. A copy of these conditions of approval shall be included on the building permit plans as a
separate plan sheet
Community Development Department, Building Division
10. Prior to any construction that requires a building permit, a building permit shall be applied
for and obtained. Application for a building permit shall be made to the Building Division
and be accompanied by three (3) complete sets of construction drawings.
Fire Prevention Bureau
Note: These are preliminary comments and could change as the project progresses through the
review processes.
11. Deferred Submittals for the following fire protection systems shall be submitted to the Fire
Prevention Bureau for approval and permitting prior to installation of the systems:
a. Fire Sprinkler plans (Deferred Submittal to the Fire Prevention Bureau)
b. Fire Underground plans (Deferred Submittal to the Fire Prevention Bureau)
c. Fire Alarm plans (Deferred Submittal to the Fire Prevention Bureau)
12. The fire apparatus access roadway must conform to all provisions in CFC Section 503 and
Appendix D.
13. A Knox Box is required at the primary point of first response to the building. A surface
mounted Knox Box # 3200 Series is required. The Knox Box shall be clearly visible upon
approach to the main entrance from the fire lane. Note the Knox Box must be installed from
72” to 78” above finish grade; show the location on the plans.
https://www.knoxbox.com/commercial-knoxboxes/
14. Provide address numbers plainly visible from the street or road fronting the property.
Numbers painted on the curb do not qualify as meeting this requirement. Numbers shall
contrast with the background and shall be Arabic numbers or letters. Numbers shall be
internally or externally illuminated in all new construction or substantial remodels. Number
sizes are as follows: For residential – 4” tall with ½” stroke. For commercial – 6” tall with
½” stroke. Larger sizes might be required by the fire code official or in multiple locations for
buildings served by two or more roads.
15. Contact the Marin Municipal Water District (MMWD) to make arrangements for the water
supply serving the fire protection system.
The foregoing Resolution was adopted at a special meeting of the City of San Rafael Planning
Commission held on the 28th day of July 2020.
Moved by and seconded by .
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
ATTEST: BY:
Paul A Jensen, Secretary Aldo Mercado, Chair
NAJAFI MEDICAL OFFICES10 PAUL AVE. SAN RAFAEL, CA 94903MAR. 17, 20202'4'8'A1.028 PAUL DRIVEN.I.C.PROPERTY LINE FOR10 PAUL DRIVE54 MARK DRIVEN.I.C.80 MARK DRIVE~1,221 S.F.92 MARK DRIVE~1,219 S.F.10 PAUL DRIVE~2,378 S.F.4'-6"4'-6"MARK DRIVEPAUL DRIVE5'-0"5'-0"5'-0"3'-0"7'-11"2'-0"5'-10"5'-9"5'
-9
"
PRODUCED BY AN AUTODESK STUDENT VERSION
PRODUCED BY AN AUTODESK STUDENT VERSIONPRODUCED BY AN AUTODESK STUDENT VERSIONPRODUCED BY AN AUTODESK STUDENT VERSION
NAJAFI MEDICAL OFFICES10 PAUL DRIVE, SAN RAFAEL, CA 94903JULY 21, 20205'10'20'A1.012345P A U L D R I V E
M A R K D R I V E(E) SIDEWALK
(E) SIDEWALKDRIVEWAY(N) RAMPUPACCESS. PATHOF TRAVEL92 MARK DRIVE~1,219 S.F.VACANT80 MARK DRIVE~1,221 S.F.VACANT53 MARK DRIVEN.I.C.4'-0"(N) PATHWAY TO /FROM (N) ACCESSIBLEPARKINGACCESS. PATHOF TRAVEL10 PAUL DRIVE~2,378 S.F.SITE PLANNORTH(N) ACCESSIBLE VANPARKINGPROPERTY LINE 28 PAUL DRIVEN.I.C.EXISTING ONE-WAYDRIVE AND PARKING6789121314151617181019225'-0"(N) ACCESSIBLE VANPARKING SIGNAGE11202112'-0"19'-0"5'-0"6'-2"144.00' N79° 42'E120.00'84.00' N79° 42'E60.00' N10 ° 18'WL=94.25' R= 60'
Eye Institute of Marin, Kathryn Najafi-Tagol M.D.
4000 Civic Center Drive Suite 200A San Rafael CA 94903
Tel: 415-444-0300 Fax: 415-444-0303 www.eyeinstituteofmarin.com
7/21/20
Re: 10 Paul Dr.
San Rafael, CA
Dear planning commission:
I am an ophthalmologist, (glaucoma specialist and cataract surgeon) and have
lived in Marin with my family since 2004. My parents moved to Marin County
in the 1980s while I was attending UC Davis and then later UCLA, but my goal
was always to return to our beautiful Marin County. After I finished my
fellowship training at USC in 2000, I worked at a Sutter medical group in Solano
County for 4 years and then decided to move back to Marin to be closer to my
family.
I started Eye Institute of Marin in 2004 and have been in practice at 4000 Civic
Center Dr. San Rafael since then.
I currently have 6 full time employees and two part time. Maximum number of
employees on site are 8 and minimum would be 4. I usually see 10-30 patients
per day with appointment from 8:30-5:00 pm. Monday through Friday.
I perform all my surgeries at Marin Health (Marin General Hospital). As part of
my ophthalmology practice, I do perform minor procedures in the office such as
chalazion removal, laser iridotomies and capsulotomies.
Due to sky rocketing rents in the last few years I decided to explore the use of
property owned by my family at 10 Paul Dr. in San Rafael. Use of this space
allows me to have lower cost and more control as well as an ideal location for my
practice. I appreciate your consideration.
Sincerely,
Kathryn Najafi-Tagol, MD
1595 Grant Avenue Suite 200 Novato California 94945
Tel (415) 899 0050 Fax (415) 899 0055 www.DMAIA.com
Daniel Macdonald AIA Architects, Inc.
21 July 2020
Subject: Dr. Kathryn Najafi: New Medical Offices
Description of Work
The scope of work involves converting an existing general contractor’s office into an
ophthalmology medical office for Dr. Kathryn Najafi.
This 2,378 square foot interior remodel includes the demolition of existing partitions and
construction of new walls, floor coverings, ceilings, lighting, cabinetry and accessible restrooms.
There is no expansion area (square footage) planned. The building footprint remains the same.
There will be approximately five exam rooms, a waiting area, employee break room, two
restrooms, a janitor’s closet and storage areas.
For accessibility, a new van-accessible parking space will be added as well as new paths and
ramps as required.
All work shall be in accordance with current building codes, green building standards and Title 24
Energy compliance.