HomeMy WebLinkAboutZoning Administrator Hearing 2025-04-09 Agenda PacketZoning Administrator Hearing Wednesday, April 9, 2025 10:00 AM Join In-Person Meeting: Community Development Small Meeting Room, San Rafael City Hall 1400 Fifth Avenue, 3rd Floor, San Rafael, CA 94901 Zoom Website/App: https://tinyurl.com/2025-ZA-Meeting or Telephone: (669) 444-9171 Webinar ID: 894 2390 5067# Agenda 1. 555 E. Francisco Blvd, Use Permit Request for a Use Permit to increase the size of a religious facility at 555 E. Francisco Blvd; APN: 014-152-28; Marine (M) Zoning District; UP24 -003 (PLAN24-125) 2. 190 Northgate One, Use Permit Request for a Use Permit to allow a fitness/recreation center at 190 Northgate One; APN: 175-321-23; General Commercial (GC) Zoning District; PLAN25-033 3. Adjournment -1 - Community Development Department – Planning Division Meeting Date: April 9, 2025 Project Number(s): UP24-014 (PLAN24-125) Project Planner: Kristina Estudillo, Principal Planner Agenda Item: 1 REPORT TO ZONING ADMINISTRATOR SUBJECT: 555 E. Francisco Blvd. Request for a Use Permit to increase the size of a religious facility at 555 E. Francisco Blvd; APN: 014-152-28; Marine (M) Zoning District; UP24-003 (PLAN24-125) EXECUTIVE SUMMARY The subject property has operated as a religious facility under Use Permit 99-34 since September 1999. Historically, the religious facility has occupied Units 14, 15, and 16. At this time, the religious facility proposes a minor expansion to also utilize Unit 17 and therefore a Use Permit amendment is required. As proposed, the area occupied by the religious facility would be 5,709 sq ft. PROJECT DESCRIPTION Background: The project site contains the Harbor Shopping Center, which is a 28,254 square foot shopping center on the 2.20-acre site that was constructed in 1955 and has a parking ratio of 4.71/1,000 sq ft. Access to the property is via a driveway off of East Francisco Blvd. A Use Permit (UP 99-34) was approved for a 4,637-sf religious facility, including 25 parking spaces at the rear of the Harbor Center at the project site in 1999. Maximum occupancy was limited to 103 patrons but the Use Permit contained provisions for the occupancy to be expanded in the future if the use was determined to have minimal impacts on traffic and parking. The project site is designated Marine Related Mixed Use (8.7 to 21.8 units/net acre; maximum non- residential FAR 0.32) by the City of San Rafael General Plan 2040. The General Plan 2040 established five mixed use categories which allow both residential and non-residential uses. Compatible uses such as schools, childcare centers, parks, and religious facilities are allowed in each Mixed Use land designation, subject to specific requirements codified through zoning. The Marine Related Mixed Use land designation includes water dependent businesses such as boat building; boat repair, sales and service uses; and boat charter services. Other uses that draw people to the waterfront are allowed, including shopping centers, restaurants, hotels/motels; retail and parks. Residential use and non-marine related offices are permitted in this category but may be subject to conditions to ensure they do not interfere with marine-related uses. The project site is an existing shopping center with a valid use permit for a religious facility that has operated at the site since 1999. In 1999 when UP99-34 was approved, the site was zoned Marine Commercial – Canal Overlay (MC-C) and has since been rezoned. - 2 - Proposed Project: The applicant, Jay Yinger, has applied on behalf of the Ministerios Monte De Sion for a Use Permit to expand the permitted religious facility into Unit 17, an increase of approximately 1,450 square feet. A small kitchen area in Unit 16 will be relocated in Unit 17. Overall, the project would expand the size of the religious facility from 4,637 sf to 5,709 sf. FINDINGS Findings for Use Permit (UP21-017) CEQA Finding Yes No The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) and none of the exceptions of Section 15300.2 apply. X Section 15301 (“Existing Facilities”) Use Permit (SRMC §14.22.080) Yes No Finding A That the proposed use is in accord with the general plan, the objectives of the zoning ordinance, and the purposes of the district in which the site is located: X The site is designated as Marine Related Mixed Use on the General Plan 2040 Land Use Map which allows non-water uses to draw people to the waterfront including religious facilities and shopping centers. Residential use and non-marine related offices are permitted in this category but may be subject to conditions to ensure they do not interfere with marine-related uses. The project site is an existing shopping center with a valid use permit for a religious facility that has operated at the site since 1999. The minor expansion would not conflict with adjacent marine-related uses. Finding B That 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: X The religious facility has operated at the site since 1999. The minor expansion would 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 as the project entails interior improvements to an existing shopping center. Finding C That the proposed use complies with each of the applicable provisions of the zoning ordinance: X For the reasons described above, the project, as proposed and conditioned, complies with Chapter 14 (Zoning) of the San Rafael Municipal Code (SRMC). CONDITIONS OF APPROVAL 1. Approved Use. The Use Permit allows for the expansion of a religious facility at 555 East Francisco Blvd from 4,637 sf to 5,709 sq ft. 2. Hours of Operation. The religious facility will continue to operate 7:00 p.m. to 9:00 p.m. on Wednesdays and 10:00 am to 1:00 p.m. and 6:00 p.m. to 9:00 p.m. on Sundays. The bookstore is limited to operating - 3 - 9:00 a.m. to 3:00 p.m. Monday through Friday and regular business hours on Saturday and Sunday. 3. Plans and Representations Become Conditions. Except as modified by these conditions of approval, all information and representations, whether oral or written, as presented for approval on plans, submitted 1/2/2025 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 this Use 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. (SRMC §14.16.225.B.1). 5. 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. 6. Permit Validity. This Permit shall become effective on April 17, 2025 and shall be valid for a period of two (2) years from the date of final approval or April 17, 2025 and shall become null and void if a valid City business license has not been issued, and the permitted use has not commenced on the property. PUBLIC COMMENT Notice of hearing for the project was conducted in accordance with noticing requirements contained in Chapter 14.29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and occupants within a 300-foot radius of the subject site and all other interested parties, 15 calendar days prior to the date of this hearing. No public comment has been received by the date of this staff report. - 1 - Community Development Department – Planning Division Meeting Date: April 9, 2025 Project Number(s): PLAN25-033 Project Planner: Kristina Estudillo, Principal Planner Agenda Item: 2 REPORT TO ZONING ADMINISTRATOR SUBJECT: 190 Northgate One. Request for a Use Permit to allow a fitness/recreation center at 190 Northgate One; APN: 175-321-23; General Commercial (GC) Zoning District; PLAN25-033 EXECUTIVE SUMMARY The applicant requests a Use Permit to operate a Pilates studio (fitness/recreation center land use category) at 190 Northgate One. The proposed fitness/recreation center would occupy 1,966 square feet. No additions are proposed and exterior modifications are limited to new signage and construction is limited to tenant improvements, including new lighting and finishes. The Pilates studio would operate seven days a week and accommodate approximately 12 clients at a time. PROJECT DESCRIPTION The applicant has applied for a Use Permit on behalf of Club Pilates to operate a 1,996 square foot Pilates studio (fitness/recreation center) in the Northgate One Shopping Center. Pursuant to SRMC Section 14.05.020 (Land use regulations (GC, NC, O, C/O, R/O, FBWC) and Table 14.05.020, a fitness/recreation center requires a conditional use permit approved by the Zoning Administrator. The proposed Pilates studio would be located in tenant space currently occupied by Bank of America and would employ approximately 10 staff members, including certified Pilates instructors, front desk associates, and a studio manager. Employees will work in shifts. During peak class times, the studio would have a maximum of 12 clients per class, with three employees (instructor, front desk associate, and manager) present, totaling 15 people in the space. The studio proposes to operate seven days a week, including Monday through Friday from 6:00 AM to 8:30 PM and Saturday and Sunday from 8:00 AM to 1:00 PM. Conditions of approval related to hours of operation include flexibility in case the business wishes to extend hours in the future without requiring a use permit amendment. FINDINGS Findings for Use Permit (UP21-017) CEQA Finding Yes No The project is categorically exempt from the provisions of the California Environmental X Section 15301 (“Existing Facilities”) - 2 - Quality Act (CEQA) and none of the exceptions of Section 15300.2 apply. Use Permit (SRMC §14.22.080) Yes No Finding A That the proposed use is in accord with the general plan, the objectives of the zoning ordinance, and the purposes of the district in which the site is located: X The site is designated as General Commercial on the General Plan 2040 Land Use Map which allows general retail and service uses, restaurants, automobile sales and service uses, hotels/ motels, and other commercial activities. Offices are also permitted, except where specifically precluded by General Plan policies. Mixed use projects that combine housing and commercial uses are encouraged. Projects that are entirely residential are permitted, although limitations may apply in certain zoning districts to ensure that adequate land is provided for activities generating sales tax, jobs, and local service opportunities. The project site is an existing shopping center and the use would not conflict with existing uses. Finding B That 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: X The fitness/recreation facility would 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 as the project entails interior improvements to an existing shopping center. Finding C That the proposed use complies with each of the applicable provisions of the zoning ordinance: X For the reasons described above, the project, as proposed and conditioned, complies with Chapter 14 (Zoning) of the San Rafael Municipal Code (SRMC). CONDITIONS OF APPROVAL 1. Approved Use. The Use Permit allows the operation of a 1,996 square foot fitness/recreation facility at 190 Northgate One. 2. Hours of Operation. Hours of operation would be Monday through Friday from 6:00 AM to 9:00 PM and Saturdays and Sunday from 7:00 AM to 8:00 PM. 3. Plans and Representations Become Conditions. Except as modified by these conditions of approval, all information and representations, whether oral or written, as presented for approval on plans, submitted 3/17/2025 and on file with the Community and Economic 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 and Economic Development Director may require review and approval as an amendment to this Use 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. (SRMC §14.16.225.B.1). - 3 - 5. 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. 6. Permit Validity. This Permit shall become effective on April 17, 2025 and shall be valid for a period of two (2) years from the date of final approval or April 17, 2027 and shall become null and void if a valid City business license has not been issued, and the permitted use has not commenced on the property. PUBLIC COMMENT Notice of hearing for the project was conducted in accordance with noticing requirements contained in Chapter 14.29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and occupants within a 300-foot radius of the subject site and all other interested parties, 15 calendar days prior to the date of this hearing. No public comment has been received by the date of this staff report.