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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.