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HomeMy WebLinkAboutZoning Administrator Hearing 2023-05-16 Minutes Conditional Use Permit/Zoning Administrator
PLAN2 2-171; UP22-025
SAN RAFAEL ZONING ADMINISTRATOR
REGULAR HEARING
May 16, 2023
Minutes and
Notice of Decision (Pursuant to San Rafael Municipal Code 14.28.050)
10:00 – 10:07 am 1. 1 Thorndale Dr. – Conditional Use Permit request to allow a
28,150 sq. ft. animal care facility within an existing 130,750 sq. ft.
three story office building – Office (O) District; APN: 175-360-04;
Rocco LLC, Owner; Nicholas Capone, Applicant; File No.:
PLAN22-171; UP22-025
Project Planner: Monica Ly
PERMITS REQUIRED
A Zoning Administrator Level Conditional Use Permit is required for animal care facilities within
the Office (O) District per the San Rafael Municipal Code per Table 14.05.020 (Use Table).
SITE DESCRIPTION
The subject property is on a 145,490 sq. ft. lot located at 1 Thorndale Dr. in the Office (O)
zoning district. The property is developed with a 130,750 sq. ft. three story office building and
256 parking stalls.
PROJECT DESCRIPTION
The project proposes to allow Pet Emergency & Specialty Center of Marin (PESCM to operate
on the lower floor (665 sq. ft.) and third floor (27,485 sq. ft.) within a 130,750 sq. ft. office
building. PESCM is an emergency and specialty veterinary hospital that provides emergency
care and by appointment: Urgent Care, Internal Medicine, Cardiology, Surgery, Neurology,
Oncology and more. PESCM does not provide pet boarding, reserving ward space for patients
receiving medical care. Additionally, they do not offer wellness and preventative care, referring
patients with those needs to primary care veterinarians in the area, with whom they partner by
sharing medical records on mutual patients seen through the emergency and specialty services.
Hours of Operation: 24 hours a day, 7 days a week .
Number of Employees: PESCM currently has 150 full-time and part-time staff members,
consisting of doctors, managers, administrators, technicians, veterinary assistants, client care
staff, and kennel assistants. Throughout a 24-hour period, an approximate average of 40-50
employees are present on-site each day, with the highest concentration of staff being scheduled
between 8 am and 8 pm.
Parking: There are 256 parking spaces. Ninety-four parking spaces are required for the animal
care facility.
Noise Control Measures: Based on the interior sound evaluation conducted by CSDA Design
Group, acoustical consultant, the project proponent will implement measures to address
potential noise impacts on neighboring tenants. These measures include the installation of full
perimeter seals and drop bottoms at the adjacent doors to mitigate noise transmission.
Waste Management: PESCM follows a comprehensive waste management practice to ensure
proper disposal of various types of waste in their facility. The guidelines cover different
categories of waste, including biohazard medical waste, hazardous waste (flammable),
hazardous waste (exhausted CO2 absorbent granules, 10% formalin solutions), pathological
medical waste, and liquid medical waste. Each waste type has specific requirements for storage
and disposal. PESCM emphasizes proper labeling and follows regulatory guidelines for waste
storage time limits. Hazardous waste is disposed of by licensed haulers, and the frequency of
disposal varies depending on the waste type. PESCM also highlights the importance of
adhering to these procedures for all staff members and assigns responsibility for enforcement to
the Hospital Director.
Security: The facility implements comprehensive safety and security measures. These include
the placement of visible cameras in key areas such as treatment floors, exam rooms, client
areas, and parking lots. Staff members are equipped with panic buttons that instantly notify the
local police in case of any on-site disturbances. Strategic doors, both inside and outside the
facility, are secured with push-button numeric alarms, requiring staff to memorize and enter the
correct code for access. The front lobby door remains locked to ensure the safety of the
graveyard crew, who are alerted to overnight emergency clients through a doorbell system.
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 May 16, 2023, a Zoning Administrator hearing was convened for this Conditional Use Permit
application (PLAN22-171; UP22-025). The Acting Zoning Administrator for this meeting, Monica
Ly, Senior Planner, opened the meeting at 10:00 am. Present at the meeting were the
applicants Darren Jones, Nick Cappon, and Chad Avery.
Following a short presentation from the Applicant, Darren Jones, 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 10:07 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 (PLAN22-171; UP22-025).
ACTION TAKEN: On May 16, 2023, the Zoning Administrator Conditionally Approved the
requested Conditional Use Permit (PLAN22 -171; UP22-025 ) 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 Tuesday, May 23, 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.
5/16/2023
_______________________________________________________ Monica Ly, Acting Zoning Administrator Date
Exhibit 1: Findings and Conditions
ATTACHMENT 1
Findings & Conditions for PLAN22-171; UP22-025
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). Furthermore, none of the exceptions found in
Government Code §15300.2 apply.
Use Permit Findings required by Section 14.17.040 - Animal care facilities
1. The animal care facility will adhere to all provisions of the San Rafael Municipal
Code and other applicable laws. It will also maintain an employee handbook that
will outline best management practices for the handling of animals, as well as
proper procedures for handling and disposing of medical and animal waste. The
Pet Emergency & Specialty Center of Marin policy/employee handbook was
submitted to staff on October 18, 2022, and has been reviewed for compliance.
2. The animal care facility will not result in sound levels that exceed the noise levels
established under Chapter 8.13 for any adjacent tenant spaces or properties. A
third-party acoustical consulting firm conducted an interior sound evaluation of
the third-floor suite and a property line noise analysis. Based on the
recommendations of the acoustical consultant from the interior sound evaluation,
soundproofing measures such as installing full perimeter seals and drop bottoms
at the adjacent doors can mitigate potential noise impacts from the exam/comfort
rooms on Level 3 to adjacent tenants. Additionally, according to the property line
noise analysis, the anticipated sound levels generated by new heat pumps on the
rooftop and potentially barking dogs on the exterior balcony of the building will
not exceed the limits specified in Table 2 of the San Rafael Municipal Code
Section 8.13.040 Noise Standards. Therefore, the proposal, with conditions, will
not exceed the noise limits established under Chapter 8.13 for neighboring
tenant spaces or properties.
3. The animal care facility will include and maintain an adequate waste and
hazardous waste management plan. The proposed hazardous waste
management plan submitted October 18, 2022 will comply with all applicable
California Hazardous Waste Regulations.
4. The animal care facility will not result in other public or private nuisances
because:
a. The facility will take proactive steps to minimize noise levels and prevent
disturbances to nearby properties or residents. This will involve the
installation of full perimeter seals and drop bottoms at the adjacent doors.
Attachment 1
PLAN23-012; UP23-013
Additionally, the projected noise levels generated by the proposed use will
not exceed the noise limits.
b. The facility will adhere to all applicable California Hazardous Waste
Regulations to ensure that waste, including animal waste and medical
waste, is handled properly and disposed of.
c. The facility will have sufficient parking which would help avoid any
inconvenience or disruption to nearby residents or businesses.
d. The facility will prioritize security and safety measures to maintain a
secure environment for the animals, neighboring tenants, and surrounding
residential and commercial neighbors. This will include surveillance
cameras, secure access controls, and emergency protocols to address
any unforeseen situations promptly.
Standard Use Permit Conditions of Approval
1. Approved Use. The Use Permit conditionally allows an animal care facility per the
San Rafael Municipal Code per Table 14.05.020 (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. 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.
4. Permit Validity. This Permit shall become effective on May 24, 2023, and shall be
valid for a period of two (2) years from the date of final approval, or May 24, 2025,
and shall become null and void if the permit is not exercised or a time extension
granted by May 24, 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. Building Permit. The applicant shall obtain a building permit prior to any tenant
improvement to meet the requirements per the California Building Code (CBC).
6. 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.
7. A separate sign permit application is required for any exterior building signs.
8. No outdoor storage is allowed as part of this approved use permit.
Attachment 1
PLAN23-012; UP23-013
9. The applicant shall obtain a business license with the Business License Division
prior to business operation.
Site Specific Use Permit Conditions of Approval
10. Per the recommendations of CSDA Design Group, noise consultant, the project
proponent shall be responsible for the installation of full perimeter seals and drop
bottoms at the adjacent doors to mitigate potential noise impacts to the adjacent
tenants. Furthermore, concerning the demising partition between Suite 302 and the
future project space, while no treatment is currently necessary as offices are
planned for this area, if there are any design modifications that could result in the
presence of pet noise in the spaces adjacent to this partition, the project proponent
shall be responsible for the installation of an independent wall within the existing
demising partition.