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HomeMy WebLinkAboutCC Resolution 10233 (Meridian Sports Club)RESOLUTION NO. 10233 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL PARTIALLY UPHOLDING THE APPEAL OF THE PLANNING COMMISSION'S MARCH 10, 1998 APPROVAL OF USE PERMIT UP 98-4 TO OPERATE A HEALTH CLUB/GYM FOR MERIDIAN SPORTS CLUB LOCATED AT 1299 FOURTH STREET (APN 011-255-27) WHEREAS, on February 2, 1998 the City of San Rafael (City) received a Land Use Permit application from Chuck Grieve (Applicant) and Jack Krystal (Owner) requesting approval to allow the operation of a health club/gym in a 5,000 square foot tenant space located on the ground floor of an existing office building located at 1299 Fourth Street; and WHEREAS, on March 10, 1998 the San Rafael Planning Commission held a duly noticed Public Hearing on the use permit application, accepting public testimony and the written report of the Planning Division staff and voted to approve (3-2; O'Brien and Williams dissenting) the use permit; and WHEREAS, Jack Krystal and Charles Grieve appealed the Planning Commission's decision, specifically Conditions of Approval #6 and #8, in a letter dated March 12, 1998; and WHEREAS, at the applicant's request, the City Council continued this appeal on two occasions from the previously scheduled April 15 and May 18, 1998 City Council agendas so that the applicant could prepare a revised traffic study for the project; and WHEREAS, subject project is Categorically Exempt (Section 15301, Class 1(a) from the requirements of the California Environmental Quality Act (CEQA); WHEREAS, public notice of the public hearing to review the conditional use permit was mailed to property owners within 300 feet of the site; and WHEREAS, the City Council considered the appeal at a duly noticed public hearing on June 15, 1998 and received public testimony on this item from all interested parties; and WHEREAS, the City Council hereby partially upholds the appeal of the Planning Commission's decision. NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council hereby makes the following determinations and findings related to the points of the appeal: Condition #6, relating to removing the window tint from the subject tenant space windows is consistent with the intent of the Downtown Design Guidelines that encourage a pedestrian oriented atmosphere that allows visibility into shop spaces. 2. Removal of the window tinting on the tenant space windows facing Fourth Street is consistent with General Plan Policy DT -19, "Overall Pedestrian Environment," which encourages views into stores. 3. Removal of the window tinting on the tenant windows facing Fourth Street is consistent with General Plan Policy DT -20, "Ground floor designed for pedestrians," which encourages that all buildings, regardless of height, to be comfortable for people at the ground level; including: "providing large windows, ...and things for people to look at." 4. The General Plan Circulation Element requires projects with intensified traffic in the Downtown to pay a prorated share of sub -regional improvement costs based on their share of the total number of trips expected to be generated during the p.m. peak hour. A traffic study (completed by DKS Associates and dated February 27, 1998) was prepared to provide a traffic analysis to address the trip generation and parking differences between the proposed gym and the former office use. The traffic study concluded that the proposed gym would result in a net increase of 16 p.m. peak hour trips. On June 1, 1998 the applicant submitted a revised traffic study which was based on an actual comparison to an existing gym currently operating in downtown San Rafael (Nautilus of Marin). The revised traffic study concludes that the subject project will generate 13 p.m. peak trips, resulting in a net increase of 4 p.m. peak trips compared to the previous office/retail use. The Traffic Engineer has reviewed the revised traffic study and concurs with the revised conclusion. 6. The current trip generation mitigation fee is $764.00/per p.m. trip. Based on the conclusion of the revised traffic study, the trip mitigation fee for the subject project should be reduced from $12,224 (16X$764.00 = $12,224) to the correct fee of $3,056.00 (4X$764.00). BE IT FURTHER RESOLVED, that the City Council partially upholds the appeal and re- adopts the following findings of the Planning Commission: The project is Categorically Exempt per Section 15301 (Existing Facilities) of the California Environmental Quality Act and therefore will not create any significant adverse impacts on the environment. 2. The proposed location of the conditional use is in accord with the objectives of this Title and the purposes of the district in which the site is located. The operation of the health club/gym, together with conditions of approval, is consistent with the General Plan land use designation of Fourth Street Retail Core. Specifically, the proposal is consistent with General Plan policy LU -13.b (Fourth Street Retail Core (4SRC) which encourages first floor street frontage uses characterized as high customer turnover, and large volume of pedestrian traffic. 3. Health clubs/gyms are conditionally permitted in the 4SRC zoning districts and this use is in accord with the objectives of the Zoning Ordinance. 4. As conditioned, the establishment, maintenance or operation of the health club/gym will not under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons in the neighborhood. 5. The proposed use shall not be detrimental or injurious to property and improvements in the neighborhood or general welfare of the City in that required parking for the use is provided on-site and by the Downtown Parking Assessment District. 6. The additional vehicle trips generated by the proposed use will be mitigated by the payment of trip mitigation fees for improvements to the downtown traffic circulation system. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the Fifteenth day of June, 1998, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCIL,MEMBERS: None JE4L*,qE M. LEONCNI, City Clerk EXHIBIT A CONDITIONS OF APPROVAL: 1. This use permit is granted for the operation of a health club/gym as shown on the approved plans, dated February 2, 1998 (Exhibit B of the March 6, 1998 Planning Commission Staff Report). Hours of operation will be 6:00 a.m. to 10 p.m., Monday through Saturday. Any change in use shall require an amendment to this permit. 2. The Planning Commission has the authority to review the permit at any time. Failure to comply will any project conditions of approval may result in the revocation of the Use Permit by the Planning Commission. COUNTY HEALTH SERVICES 3. The owner or applicant shall submit to the Marin County Environmental Health Service a general floor plan showing detail of the structure, equipment etc., in order to evaluate the proposed establishment to satisfy all requirements of the health service. POLICE DEPARTMENT 4. The street numbers shall be displayed in a prominent location on the street side of the property in such a position that the number is easily visible to approaching emergency vehicles. The numbers shall be no less than 12" in height and shall be of a contrasting color to the background to which they are attached. PLANNING DIVISION 5. The building techniques, materials, elevations and appearance of the project, as presented for approval, shall be the same as required for the issuance of building permits. Any future additions, expansions, remodeling, etc., shall be subject to the review and approval by the Planning Division. Approved plans are dated February 2, 1998, as on file in the Planning Division. 6. The existing window film located on the windows facing Fourth Street shall be removed so that the facility provides a presence on Fourth Street subject to Planning staff review and approval prior to issuance of the final occupancy permit for the facility. 7. The applicant shall submit a separate sign application for Planning staff review and approval prior to installation. The applicant shall pay traffic mitigation fees in the amount of $3,056 (4X$764.00 per vehicle) for each trip that exceeds the p.m. peak for the previous office use to finance Downtown roadway improvements. 9. The applicant shall submit a parking plan for insuring that a minimum of 16 parking spaces are made available to Coast Fitness employees and customers in the on-site underground garage subject to review and approval of the City Traffic engineer prior to issuance of a final occupancy permit for the tenant space. The parking plan shall demonstrate how employees and customers will access the locked security gate at the entrance to the underground parking garage.