HomeMy WebLinkAboutZoning Administrator Hearing 2023-05-31 Minutes Conditional Use Permit/Zoning Administrator PLAN23-049/UP23-017 SAN RAFAEL ZONING ADMINISTRATOR REGULAR HEARING May 31, 2023 Minutes and Notice of Decision (Pursuant to San Rafael Municipal Code 14.28.050) 10:00 – 10:15 am 1. 4162 Redwood Hwy – Conditional Use Permit request to allow to allow a 3,491 sq. ft. day services center within an existing 4,747 sq. ft. commercial building – General Commercial (GC) District; APN: 155-081-13; DALG SERIES LLC, Owner; Ivana Jagodic, Applicant; File No.: PLAN23- 049/UP23-017 Project Planner: Monica Ly PERMITS REQUIRED A Zoning Administrator Level Conditional Use Permit is required for day services center within the General Commercial (GC) District per the San Rafael Municipal Code Table 14.05.020 (Use Table). SITE DESCRIPTION The subject property is on a 14,573 sq. ft. lot located at 4162-4172 Redwood Hwy in the General Commercial (GC) zoning district. The property is developed with a 4,747 sq. ft. one story office building and 11 parking stalls. PROJECT DESCRIPTION The project proposes to allow the Postpartum Support Center (PPSC) to operate in a 3,491 sq. ft. tenant space within a 4,747 sq. ft. commercial building. PPSC is a 501(c)(3) nonprofit organization that provides direct peer-based perinatal support to expectant and new mothers and their families. They offer a range of services and programs aimed at promoting the well-being of women, their partners, children, and support teams. Hours of Operation: Monday through Friday from 8:30 am - 6:00 pm and occasionally Saturdays from 10:00 am - 2:00 pm. Number of Employees: Five employees. Parking: There are 19 parking spaces. 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 31, 2023, a Zoning Administrator hearing was convened for this Conditional Use Permit application (PLAN23-049/UP23-017). 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 Ivana Jagodic. Following a short presentation from the Applicant, Ivana Jagodic, 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- 049/UP23-017). ACTION TAKEN: On May 31, 2023, the Zoning Administrator Conditionally Approved the requested Conditional Use Permit (PLAN23-049/UP23-017) 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 Wednesday, June 7, 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. 5/31/2023 ________________________________ Monica Ly, Acting Zoning Administrator Date Exhibit 1: Findings and Conditions ATTACHMENT 1 Findings & Conditions for PLAN23-049/UP23-017 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 14.22.080 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 EDI-2.4: Access to Health Care because the use provides a comprehensive support system and a secure environment for mothers, parents, and families who need health care assistance. It also plays a vital role in promoting awareness and prevention of Perinatal Mental Health Disorders (PMHD). 2. The proposed use is in accord with the objectives of the zoning ordinance SRMC 14.01.030.D – Purposes because the proposed use will protect, strengthen and diversify the economic base of the city through: i. Job creation. The center will generate employment opportunities for healthcare professionals. This not only provides income for the individuals employed but also contributes to the growth of the local economy; ii. New Visitors. Due to the limited number of postpartum support centers in the region, the center is expected to draw visitors from outside the City. This increase in visitors has the potential to contribute to the local economy. iii. Local Referrals. The center will be providing information, resources, and referrals to local institutions, thereby fostering economic contributions within the community. 3. The proposed use is in accord with the purposes outlined in Section 14.05.010.A of the district where the site is situated. The proposal offers a diverse array of neighborhood, local, and regional services to the city, encompassing emotional and mental health support, parenting education, lactation support, community and peer support, as well as referrals and resources. Attachment 1 PLAN23-049/UP23-017 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 because: 1. The center is located within half a mile of a major transit stop and will have eight assigned parking spots and five “first come first service” parking spots available which would help avoid any inconvenience or disruption to nearby businesses; 2. The proposal does not include any significant renovations that would have a negative impact on properties in the vicinity; and 3. Any proposed renovations will require the procurement of a building permit. C. The proposed use complies with each of the applicable provisions of the zoning ordinance. The proposed use is conditionally allowed within the General Commercial (GC) District per the San Rafael Municipal Code Table 14.05.020 (Use Table). 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 June 8, 2023, and shall be valid for a period of two (2) years from the date of final approval, or June 8, 2025, and shall become null and void if the permit is not exercised or a time extension granted by June 8, 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. The applicant shall obtain a business license with the Business License Division prior to business operation.