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.