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HomeMy WebLinkAboutZoning Administrator Hearing 2025-03-26 Agenda PacketZoning Administrator Hearing Wednesday, March 26, 2025 10:00 AM Join In-Person Meeting: Community Development Small Meeting Room, San Rafael City Hall 1400 Fifth Avenue, 3rd Floor, San Rafael, CA 94901 Zoom Website/App: https://tinyurl.com/2025-ZA-Meeting or Telephone: (669) 444-9171 Webinar ID: 894 2390 5067# Agenda 1. 3255 Kerner Boulevard, Use Permit Request for a Use Permit to operate a religious institute from Suite 2 to Suite 6 at 3255 Kerner Blvd; APN: 009-191-18; General Commercial (GC) Zoning District; Carlos Israel Avalos, Applicant; Shao Hua Shen, Owner; Case Number(s) UP25-002 (PLAN24-118) 2. Adjournment - 1 - Community Development Department – Planning Division Meeting Date: March 26, 2025 Project Number(s): UP25-002 (PLAN24-118) Project Planner: Michaela O’Brien, Assistant Planner Agenda Item: 1 REPORT TO ZONING ADMINISTRATOR SUBJECT : 3255 Kerner Boulevard - Request for a Use Permit to operate a religious institute from Suite 2 to Suite 6 at 3255 Kerner Blvd; APN: 009-191-18; General Commercial (GC) Zoning District; Carlos Israel Avalos, Applicant; Shao Hua Shen, Owner; Case Number(s) UP25-002 (PLAN24-118) EXECUTIVE SUMMARY Pursuant to San Rafael Municipal Code (SRMC) Section 14.05.020, a Conditional Use Permit approved by the Planning Commission is required for religious institutions in the General Commercial (GC) zoning district. Per 14.22.020 B. the director has the authority to delegate from Planning Commission to Zoning Administrator. The proposed use has been deemed to be an insignificant or inconsequential change in use as it is just changing suites. Has previously gone through Planning Commission in 2017 for a conditional use permit (UP17-013) under suite 2. The use will not have a detrimental impact on surrounding properties and is not a use warranting the designated level of review, the use permit application has been delegated to the Zoning Administrator. PROJECT DESCRIPTION The project proposed to operate a church within the existing building at 3255 Kerner Boulevard in Suite 6. The suite has a total of 690.1 square feet of rentable space whereas in suite 2 they had 521 square feet on the second floor of the building. The proposed church will operate Sundays from 10:00 am to 1:00 pm and Tuesday, Thursday, and Fridays from 7:00 pm to 9:30 pm. The selected service days are Sunday, Tuesday, and Fridays. While Thursdays are intended for prayer service, which is the only additional service provided from the previously approved use permit . It is estimated that the average congregation will be 18 to 25 people attending services. There is no proposed construction associated with this relocation. The transition will primarily involve the transfer of furniture, equipment, and interior setup adjustments to accommodate the church’s needs. No modifications to the building’s exterior, st ructural elements, or parking arrangements are planned. FINDINGS Findings for Use Permit (UP 25-002) The table below reviews the project’s consistency with the findings required of a Conditional Use Permit pursuant to SRMC Section 14.22.080 and for change in suite of a religious institute in the General Commercial (GC ) district. - 2 - CEQA Finding Yes VALID The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) and none of the exceptions of Section 15300.2 apply. X YES Section 15301 (“[Existing Facilities]”) as the location is moving from one suite to another and staying in the same building. The proposed relocation does not include any alterations or new construction . Use Permit (SRMC §14.22.080) Yes No Finding 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: X The site is designated as Community Commercial Mixed Use (GC) in General Plan 2040. The project is consistent with all applicable General Plan policies LU-1, LU2.3, and LU-3.10. Religious facilities are identified as compatible use in the mixed- use categories subject to a use permit. Under code section 14.05.010 - Specific purposes. The use provides appropriately located areas for retail, service and office development, and provide the city with a wide range of neighborhood, local and regional serving uses. Finding B That the proposed use, together with the conditions applicable thereto, 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: X The proposed internal relocation will not be detrimental to public health, safety, or welfare, nor will it be materially injurious to properties or improvements in the vicinity or the general welfare. The church will continue operating within the same building without any proposed construction or structural modifications, there will be no impact on the building’s integrity, surrounding infrastructure, or neighboring tenants. The church’s activities, including worship services and gathering, will remain consistent with its current operations . The business is adding Thursdays for prayer services specifically from 8:00 to 9:00pm. This minor increase in operations shall not have an impact on the existing facility. Additionally, the relocation does not introduce any new hazards or risks to public safety, as the use remains the same, and all applicable building codes, fire safety regulations, and occupancy requirements will continue to be met. April 6, 2023, the Director interpreted AB 2097, which prohibits public agencies from imposing or enforcing minimum automobile parking requirements for any residential, commercial, or other development project located within one -half mile of a Major Transit Stop. Since the proposed project is within 0.2 miles walking distance of a Major Transit Stop, it meets this criterion. Therefore, no parking is required for this project. Finding C That the proposed use complies with each of the applicable provisions of the zoning ordinance: X As conditioned, the proposed use will be compliant with the provisions of the zoning ordinance related to religious institute uses. CONDITIONS OF APPROVAL Conditions of Approval for UP25-002 1. Approved Use. This Use Permit allows for change in suite of a religious institute at 3255 Kerner Boulevard, SRMC Section 14.05.020. - 3 - 2. Hours of Operation. Sundays from 10:00 am to 1:00 pm and Tuesday, Thursday, and Fridays from 7:00 pm to 9:30 pm. 3. Plans and Representations Become Conditions. Except as modified by these conditions of approval, all information and representations, whether oral or written, as presented for approval on plans, submitted 1/22/2025 and on file with the Community Development Department, Planning Division, shall be the same as required for the issuance of a building permit, except as modified by these conditions of approval. Minor modifications or revisions to the project shall be subject to review and approval by Planning staff. Modifications deemed not minor by the Community Development Director may require review and approval as an amendment to this Use Permit by Planning staff. 4. 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 and other affected City divisions and departments. (SRMC §14.16.225.B.1). 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. Permit Validity . This Permit shall become effective on April 3, 2025 and shall be valid for a period of two (2) years from the date of final approval or April 3, 2027, and shall become null and void if a building permit is not issued or a time extension granted by April 3, 2027. A permit for the construction of a building or structure is deemed exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced. A permit for the use of a building or a property is exercised when, if requir ed, a valid City business license has been issued, and the permitted use has commenced on the property. 7. Fire Extinguisher. Provide a 2A 10BC Fire Extinguisher for each level and location within 75 feet of travel distance from any location. 8. Address Illumination. Illuminate address numbers. Address numbers must be six and a half inches tall and contrasting to background while visible from public right of way. PUBLIC COMMENT 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 and all other interested parties, 15 calendar days prior to the date of this hearing. No public comment has been received by the date of this staff report.