HomeMy WebLinkAboutZoning Administrator Hearing 2023-12-06 Minutes
SAN RAFAEL ZONING ADMINISTRATOR
REGULAR HEARING
December 6, 2023
Minutes and Notice of Decision (Pursuant to San Rafael Municipal Code 14.28.050)
10:02-10:15 am 1. 1575 Francisco Boulevard East - Request for a Conditional
Use Permit for Medical Office use in the Light Industrial/Office
district; APN: 009-132-22; Light Industrial/Office (LI/O) Zoning
District; Flaum Russell L TR ETAL, Owner, and Joe Tuohy,
Applicant; File No: UP23-027 (PLAN23-147)
Project Planner: Michaela O’Brien
PERMITS REQUIRED
• Conditional Use Permit (UP23-027). A Conditional Use Permit approved by the
Planning Commission is required for a medical office in the Light Industrial/Office
(LI/O) zoning district pursuant to San Rafael Municipal Code (SRMC) Section
14.06.020.
• The Community Development Director has reduced the level of review to the
Zoning Administrator was deemed to be an insignificant or inconsequential
change in use as pursuant to SRMC Section 14.22.020.
SITE DESCRIPTION
The subject property is located northeast of the John T. Knox (580) freeway and Francisco
Boulevard East. The property is accessed from Francisco Boulevard East on the
southwest side of the property. The site has 20 existing parking spaces, including 1 ADA-
accessible space, and is located within one-half (1/2) mile of a recognized high-quality
transit corridor. There is an existing 8,886 square feet of office space with a garage which
can be accessed from the parking lot located between the two spaces. There is existing
landscaping located at the frontage of the site.
PROJECT DESCRIPTION
The proposed use would utilize the existing office spaces in the building for various
services, including health screening, mental health services, training, harm reduction
services, and community programs. The floor plan is proposed to remain the same due
to the current state being suitable for the use of the business. The space is planned to be
used predominantly as office space for the 17 employees, while 75 square feet is to be
used as a food pantry for clients, 1,000 square feet would be used as storage and
preparation of hygiene kits and client kits, roughly 250- 750 square feet of file storage.
The garage would house the company’s vehicle for business off-site and community
outreach.
ZA Minutes and Notice of Decision
December 6, 2023
1575 Francisco Blvd E
UP23-027 (PLAN23-147)
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All business programs are currently planned to be hybrid and many clients would be met
remotely, along with staff being allowed to work one to two days remotely. An estimated
average of half the staff would be on-site daily. Food Pantry stocking is done two to three
days each week via the employee’s vehicle, with no delivery trucks or outside vendors.
PUBLIC HEARING
On December 6, 2023, a Zoning Administrator hearing was convened for this Conditional
Use Permit application (UP23-027). The Acting Zoning Administrator for this meeting,
Michaela O’Brien, Assistant Planner, opened the meeting at 10:10 am.
A. Applicant presentation
The applicant was present at the meeting and provided a brief presentation a
summary of the project.
B. Public Comments
There were seven people in attendance, none of whom wished to provide public
comment.
C. ZA discussion
The Zoning Administrator reiterated the purview of the Planning Division review of the
Conditional Use Permit.
D. Action
The Zoning Administrator Conditionally Approved the request for a Conditional Use Permit
(UP23-027).
These conditions of approval are listed below and included as part of the Zoning
Administrator's decision.
The meeting was adjourned at 10:15 am.
FINDINGS:
CEQA FINDINGS
The project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of
Regulations, §15000, et seq.) pursuant to Section 15301 of the CEQA Guidelines
(Existing Facilities).
Conditional Use Permit Findings (SRMC §14.22.080)
ZA Minutes and Notice of Decision
December 6, 2023
1575 Francisco Blvd E
UP23-027 (PLAN23-147)
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A. That the proposed use is in accord with the general plan, the objectives of
the zoning ordinance, and the purposes of the district in which the site is
located.
The proposed use is for medical offices, which would allow a community servicing
business in the industrial district, as it relates to the General Plan 2040 Policy
NH3.16 Local Business Support. The proposed use is compliant with SRMC
14.06.020 H. with the continuation of providing office space.
B. That the proposed use, together with the conditions applicable thereto, will
not be detrimental to the public health, safety or welfare, or materially
injurious to properties or improvements in the vicinity, or to the general
welfare of the city;
As deemed by the planning division the proposed medical office would 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.
C. That the proposed use complies with each of the applicable provisions of
the zoning ordinance
The proposed use complies with each of the applicable provisions of the zoning
ordinance. The proposed use is conditionally allowed within the LI/O District per
the SRMC Land Use Table 14.06.020.
Planning Division Standard Conditions of Approval
1. Approved Use. This Conditional Use Permit (UP23-027) conditionally approves
the use of medical office space located at 1575 Francisco Boulevard E.
2. Applicant Responsible for Compliance with Conditions. The applicant shall
ensure compliance with all of the following conditions. Failure to comply with
any condition may result in construction being stopped, issuance of a citation,
and/or modification or revocation of the Conditional Use Permit pursuant to
SRMC Section 14.22.160.
3. Subject to all Applicable Laws and Regulations. The approved use and/or
construction is subject to, and shall comply with, all applicable City Ordinances
and laws and regulations of other governmental agencies. Prior to construction,
the applicant shall identify and secure all applicable permits from the Building
Division, Public Works Department, Fire Department, and other affected City
divisions and departments.
ZA Minutes and Notice of Decision
December 6, 2023
1575 Francisco Blvd E
UP23-027 (PLAN23-147)
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4. Permit Validity. This Permit shall become effective on December 14, 2023, and
shall be valid for a period of two (2) years from the date of final approval, or
December 14, 2025, and shall become null and void if the permit is not
exercised or a time extension granted by December 14, 2025. A permit for the
use of a building or a property is exercised when, if required, a valid City
business license has been issued, and the permitted use has commenced on
the property.
5. Revocation. The City reserves the right to bring this application up for
revocation per SRMC 14.21.150 and as provided in Chapter 14.29 of the San
Rafael Zoning Ordinance for any use that is found to be in violation of any of
these conditions of approval.
6. Business License. The applicant shall obtain a business license with the
Business License Division before business operation.
ACTION TAKEN: On December 6, 2023, the Zoning Administrator Conditionally
Approved the requested Conditional Use Permit (UP23-027) subject to the Findings
and Conditions.
This Notice of Zoning Administrator decision is provided in compliance with SRMC
Section 14.28.050 - Notice of decision. Any aggrieved party may appeal this decision
pursuant to SRMC Section 14.28.030 - Filing and time limit of appeals, by submitting a
letter of appeal and the appropriate fees within five (5) working days of the date of
approval, or by December 13, 2023, at 4:00 p.m. This approval shall become effective
at the end of the appeal period.
Once a permit approval has been implemented/established in compliance with all City
requirements, it shall run with the land and be valid for the time period specified; e.g.,
duration of the project/use.
12/6/2023
Michaela O’Brien, Acting Zoning Administrator Date