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HomeMy WebLinkAboutZoning Administrator Hearing 2023-04-21 Minutes Conditional Use Permit/Zoning Administrator PLAN23-012; UP23-013 SAN RAFAEL ZONING ADMINISTRATOR REGULAR HEARING April 21, 2023 Minutes and Notice of Decision (Pursuant to San Rafael Municipal Code 14.28.050) 10:00 – 10:15 am 1. 805 – 807 D St. – Conditional Use Permit request to allow a laboratory to operate within an existing 3,200 sq. ft. office building located at 805-807 D St. – T4N 40/50 (T4 Neighborhood Downtown) District; APN: 011-252-08; Nexgen Partners LLC, Owner; Katharine Bossart, Applicant; File No.: PLAN23-012; UP23-013 Project Planner: Monica Ly PERMITS REQUIRED A Zoning Administrator Level Conditional Use Permit is required for laboratories within the T4N District per the San Rafael Downtown Precise Plan Table 2.3.070.A (Use Table). SITE DESCRIPTION The subject property is a 5,600 sq. ft. lot located at 805 – 807 D Street between 3rd Street to the north and Second Street to the south located in the T4 Neighborhood Downtown (T4N 40/50) zoning district. The property is developed with a 3,200 sq. ft. currently vacant two-story office building and a surface parking lot with five stalls. PROJECT DESCRIPTION The project proposes to allow Integrated Research Associates, a small biotechnology company focused on developing vaccines and therapeutics, to operate a laboratory with offices and storage area within the 3,200 sq. ft. building. The business would operate from 8:00 am to 6:00 pm with approximately four full time employees and two part time staff. PUBLIC NOTICE/PUBLIC COMMENT Notice of the public hearing was conducted in accordance with the public review period and noticing requirements contained in Chapter 14.29 of the San Rafael Municipal Code. PUBLIC HEARINGS On April 21, 2023, a Zoning Administrator hearing was convened for this Conditional Use Permit application (PLAN23-012; UP23-013). The Acting Zoning Administrator for this meeting, Monica Ly, Senior Planner, opened the meeting at 10:00 am. Present at the meeting was the Applicant, Katharine Bossart, the property owner, Kam Ilami. Following a short presentation from the Applicant, the Zoning Administrator opened the public comment period. There were no public comments. After the public comment period, the Zoning Administrator presented the Findings and Conditions of Approval and conditionally approved the Conditional Use Permit. The meeting was adjourned at 10:15 am. The conditions of project approval are listed below and are included as part of the Zoning Administrator’s decision to approve the Conditional Use Permit (PLAN23-012; UP23-013). ACTION TAKEN: On April 21, 2023, the Zoning Administrator Conditionally Approved the requested Conditional Use Permit (PLAN23-012; UP23-013) subject to the Findings and Conditions in Exhibit 1. This Notice of Zoning Administrator decision is provided in compliance with SRMC Section 14.28.050 - Notice of decision. Appeals based on decisions made by the zoning administrator may be filed by any aggrieved party with the planning commission 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 Monday, May 1, 2023, at 5:00 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 period specified; e.g., the duration of the approved use. 4/21/2023 _______________________________________________________ Monica Ly, Acting Zoning Administrator Date Exhibit 1: Findings and Conditions ATTACHMENT 1 Findings & Conditions for PLAN23-012; UP23-013 CEQA FINDINGS 1. 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). Use Permit Findings required by Section 14.22.080 A. That the project design is in accord with the general plan, the objectives of the zoning ordinance and the purposes of this chapter: 1. The proposed use is in accord with General Plan Policy EV-2.4 - Office and Technology Market because, due to the COVID-19 Pandemic and its impact on workplace trends, the increase in telecommuting has increased office vacancies. Permitting the laboratory office within a vacant office space would help maintain San Rafael’s position as a regional office center and provide space for a diverse range of businesses, such as laboratory, as well as a source of revenue and local job opportunities. 2. The proposed use is in accord with the objectives of the zoning ordinance SRMC 14.01.030.B – Purposes because the proposed business with a laboratory, is smaller in scale and house less hazardous chemicals than laboratory suites. Additionally, Integrated Research Associates has operated safely and without incident since 2015. Therefore, the proposed use is compatible with the adjacent land uses within the T4N 40/50 (T4 Neighborhood Downtown) District. 3. The proposed use is in accord with the purposes of the district in which the site is located because the surrounding uses comprise a variety of uses such as retail, personal care services, and other offices which include insurance, interior design, architecture, and general offices. B. 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. The proposed laboratory will be regulated by Environmental Health Services of Marin County and will comply with all safety standards set by the National Fire Protection Agency (NFPA), Central Marin Sanitary Agency (CMSA), Occupational Safety and Health Administration (OHSA), the City of San Rafael’s Building Division, Fire Department, and Public Works Department, which would not create or exacerbate any detrimental condition to the public health, safety or welfare, nor would it be materially injurious to properties or improvements in the vicinity, or to the general welfare of the city. Attachment 1 PLAN23-012; UP23-013 C. The proposed use complies with each of the applicable provisions of the zoning ordinance. The proposed use is conditionally allowed within the T4N District per the San Rafael Downtown Precise Plan Table 2.3.070.A (Use Table). Standard Use Permit Conditions of Approval 1. Approved Use. The Conditional Use Permit conditionally allows laboratory use per the San Rafael Downtown Precise Plan Table 2.3.070.A (Use Table). 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 14.21.150. 3. Plans and Representations Become Conditions. All information and representations, whether oral or written, including the building techniques, materials, elevations and appearance of the project, as presented for approval on the most recent plans, dated March 3, 2023, 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 the Environmental and Design Review 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. 5. Permit Validity. This Permit shall become effective on May 1, 2023, and shall be valid for a period of two (2) years from the date of final approval, or May 1, 2025, and shall become null and void if the permit is not exercised or a time extension granted by May 1, 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. 6. Building Permit. The applicant shall obtain a building permit prior to any tenant improvement to meet the requirements per the California Building Code (CBC). 7. Business License. The applicant shall obtain a business license with the Business License Division prior to business operation. Site Specific Use Permit Conditions of Approval 8. All exterior mechanical equipment shall be adequately screened from view. Any such screening shall require Planning approval prior to installation. 9. Street parking shall not be used for pick-up or deliveries to the business. Attachment 1 PLAN23-012; UP23-013 10. A separate sign permit application is required for any exterior building signs. 11. No outdoor storage is allowed as pa1t of this approved use permit. 12. Medical waste shall be contained within the interior of the building at all times until it is picked up by a third-party medical waste hauler. Pick up shall occur in the private parking lot at the rear of the building. 13. The applicant shall maintain an active Permit to Operate at 805 – 807 D St., San Rafael, CA 94901 through Environmental Health Services Marin County at all times.