HomeMy WebLinkAboutZoning Administrator Hearing 2025-04-09 Agenda PacketZoning Administrator Hearing
Wednesday, April 9, 2025
10:00 AM
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Community Development Small Meeting
Room, San Rafael City Hall
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San Rafael, CA 94901
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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
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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.
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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
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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.
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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”)
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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).
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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.