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HomeMy WebLinkAboutZoning Administrator Hearing 2025-12-17 Agenda Packet- 1 - Community and Economic Development Department – Planning Division Meeting Date: December 17, 2025 Project Number: PLAN25-174 Project Planner: Kristina Estudillo, Principal Planner Agenda Item: 1 REPORT TO ZONING ADMINISTRATOR SUBJECT: 1515 4th Street. Request for an extension of time to vest a Use Permit and Environmental and Design Review authorizing the construction of a residential care facility at 1515 4th Street on a 4,300 sf project site. APN: 011-245-41; T4MS 50/70; T4MS-O; T4N40/50 Zoning District; PLAN25-174 (PLAN24-033 and PLAN22-0039) EXECUTIVE SUMMARY The applicant has requested an extension of time to vest project entitlements PLAN22-039 and PLAN24-033. The project was originally approved on May 8, 2023 (PLAN22-039; ED22-016) for a 162-unit mixed use building. The Use Permit was modified on July 23, 2024 to allow for a senior living center. The permits (PLAN24-033 and PLAN22-0039) are set to expire on July 23, 2026 and the applicant has submitted a request to extend the time required to vest. There are no revisions or changes in design proposed as part of this extension request. Use Permits and Environmental Design Review permits are permitted to be extended for two years and staff recommends that the Zoning Administrator approve an extension for the full two years allowed. PROJECT DESCRIPTION In April 2023, the Planning Commission approved an Environmental and Design Review Permit (ED22-016) for a proposed new mixed-use building with 162 residential units and 8,900 square feet of ground floor commercial space. The approved building has a maximum height of 80 feet, with seven stories on the northern portion of the building fronting 4th Street and eight stories at the southwestern corner. The building also had two partially subterranean floors that accommodate 179 vehicle parking spaces, a bicycle storage room for 116 bicycle parking spaces, and a trash room. The ground level included 8,900 square feet of retail space, a gallery space, reception area, club rooms, nine residential units, and an outdoor swimming pool and courtyard area. Levels 2 through 7 included the remaining 153 residential units. A lounge room and two common roof decks were also included on Level 7. The project included 13 residential units designated as Below Market Rate (BMR) for Very Low-Income households (those earning between 30% and 50% of the Area Median Income). The Commission’s decision was appealed to the City Council, and on May 8, 2023 the City Council upheld the Commission’s decision to approve the project. On March 4, 2024, the applicant submitted a modified project for formal consideration by the City. It was reviewed for compliance with the General Plan, the Downtown Precise Plan and the San Rafael - 2 - Municipal Code as well as routed to City departments and outside agencies for review. The modified project proposed to operate a state licensed residential care facility for the elderly (RCFE) containing 155 senior independent and assisted living units, and 28 secured memory care units at this location. The modified Use Permit was approved on July 23, 2024 and those permits are set to expire on July 23, 2026. The applicant has requested an extension of time to vest the project entitlements (PLAN22-039; PLAN24-033). The project was originally approved on May 8, 2023 (PLAN22-039; ED22-016) for a 162-unit mixed use building. The Use Permit was modified on July 23, 2024 to allow for a senior living center. The design of the new project was found consistent with the previous Environmental Design Review Permit (ED22-0016) by the Director of Community and Economic Development, pursuant to San Rafael Municipal Code SRMC14.25.160 – Amendments. The permits are set to expire on July 23, 2026 and the applicant has submitted a request to extend the time required to vest the Use Permit and Environmental and Design Review permit. There are no revisions or changes in design proposed as part of this extension request. FINDINGS CEQA FINDING (PLAN25-174) The proposed project was determined to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332, In-fill Development Projects. No changes are proposed to the project at this time and additional CEQA review is not required. EXTENSION OF TIME FINDINGS (PLAN25-174) 1. The application for extension of time was submitted prior to the expiration of the project entitlements. 2. Findings for approval of the project remain valid. 3. There have been no substantial changes in the factual circumstances surrounding the original approvals that would cause denial of the extension 4. The extension would result in changes to Conditions of Approval set forth in Exhibit 1 under Planning Commission Resolution No. 24-03 (July 23, 2024) to allow an extension of time for vesting the following entitlements: Use Permit (PLAN24-033) and Environmental and Design Review (PLAN22-0039). CONDITIONS OF APPROVAL No changes are recommended to the conditions of approval. All Conditions of Approval for Planning Commission Resolution 24-03 contained in Exhibit 1 shall apply. STAFF RECOMMENDATION Staff recommends that the zoning administrator approve the two-year time extension. EXHIBITS 1. Planning Commission Resolution 24-03 2. Extension Request, dated November 11, 2025 -3 - 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 was received prior to the publication of this staff report.