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HomeMy WebLinkAboutZoning Administrator Hearing 2025-02-26 Minutes SAN RAFAEL ZONING ADMINISTRATOR REGULAR HEARING February 26, 2025 Minutes and Notice of Decision (Pursuant to San Rafael Municipal Code 14.28.050) 10:01 -10:14 am 1. 35 Mitchell Boulevard – Request for a Conditional use Permit to operate a Qigong studio at 35 Mitchell Boulevard ; APN: 155-131-27; Case Number(s): UP24-008 (PLAN24-055) Project Planner: Kavitha Kumar, Principal Planner 10:15 -10:23 am 2. 703 Third Street – Request for a two-year time extension of land use entitlements for a 120 -unit mixed use building granted under Design Permit ED18-018, Use Permit UP18-008 and Lot Line Adjustment LLA18-001; APN: 011-278-01/02; Case Number(s): PLAN24-178 Project Planner: Margaret Kavanaugh-Lynch, Planning Manager ITEM 1: 35 Mitchell Boulevard, UP24-008 (PLAN24-055) PERMITS REQUIRED • Use Permit (UP24-008) The project proposes to operate a qigong studio at the subject property. Pursuant to San Rafael Municipal Code Section 14.06.020, a Conditional Use Permit with Zoning Administrator approval is required for specialized education and training and indoor fitness/recreational facilities in the Office (O) Zoning District. PROJECT DESCRIPTION The proposed request is to operate a Qigong studio at 35 Mitchell Boulevard, Suite 10. The facility is proposed to be used for group classes of a maximum of 20 students, as well as individual sessions. The hours of operation would be 9:00 AM to 6:00 PM. Classes will vary from one to three classes per day, conducted five days a week, usually on Tuesday, Wednesday, Thursday, Saturday and Sunday. Approximately 10 individual sessions will be conducted per week. The applicant is a sole proprietor and the only instructor. There are no other employees. This suite was previously used by a personal trainer and has been vacant since 2022. PUBLIC HEARING ZA Minutes and Notice of Decision February 26, 2025 2 On February 26, 2025 a Zoning Administrator meeting was convened for this Use Permit (UP24-008).The Acting Zoning Administrator for this meeting, Renee Nickenig, Associate Planner, opened the hearing at 10:01 am. A. Planner Presentation The Project Planner gave a brief presentation on the proposed project and findings for approval. B. Applicant presentation The applicant was present at the hearing and gave a brief follow-up presentation of the project. The applicant request that the business hours be expanded to 9:00pm. C. Public Comments Two emails were received from the public prior to the hearing in support of the project. Two additional members of the public were present at the hearing in support of the project. D. ZA discussion The Zoning Administrator briefly discussed the project and confirmed the findings for approval. The Zoning Administrator confirmed the addition of the public comments and the expansion of the opening hours to be 9:00am -9:00pm Tuesday-Sunday. E. Action The Zoning Administrator Conditionally Approved the request for an Use Permit (UP24- 008). These updated conditions of approval will be amended in the associated staff report submitted for this Zoning Administrator Hearing and are included as part of the Zoning Administrators decision The hearing was adjourned at 10:14 am. ITEM 2: 703 Third Street, PLAN24-178 The proposed project requests a time extension of two (2) years due to project's financial infeasibility to construct during a global pandemic, rise in construction costs, and decline in rent. No additional changes, modifications or additions are proposed at this time to the originally approved plan set. PROJECT DESCRIPTION The project proposes the development of a new, 120 -unit, mixed-use building with 121 garage parking spaces (109 mechanical parking lifts) and 969 sq. ft. of ground -floor commercial space on two Downtown parcels. The project includes a request for a 75 -unit density bonus (166% density bonus), a 19-foot height bonus and a 5’ front setback waiver. PUBLIC HEARING On February 26, 2025 a Zoning Administrator meeting was convened for this request for a two-year time extension of land use entitlements for a 120 -unit mixed use building granted ZA Minutes and Notice of Decision February 26, 2025 3 under Design Permit ED18 -018, Use Permit UP18-008 and Lot Line Adjustment LLA18 -001. The Acting Zoning Administrator for this meeting, Renee Nickenig, Associate Planner, opened the hearing at 10:01 am. F. Planner Presentation The Project Planner gave a brief presentation on the proposed project and findings for approval. G. Applicant presentation The applicant was present at the hearing to confirm the request. H. Public Comments One member of the public spoke at the meeting to express traffic concerns related to the entitled project. I. ZA discussion The Zoning Administrator briefly discussed the project and confirmed the findings for approval. T J. Action The Zoning Administrator Conditionally Approved the request to extended the validity of the land use entitlements for a 120 -unit mixed use building granted under Design Permit ED18-018, Use Permit UP18-008 and Lot Line Adjustment LLA18 -001 by two years as noted in the staff report. These conditions of approval are included as part of the Zoning Administrators decision The hearing was adjourned at 10:23 am. -- This Notice of Zoning Administrator decision is provided in compliance with SRMC Section 14.28.050 - Notice of decision. Any aggrieved party may appeal this decision 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 March 5, 2025 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 time period specified ; e.g., duration of the project/use. 3 / 1 2 / 2 0 2 5 Renee Nickenig, Acting Zoning Administrator Date