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HomeMy WebLinkAboutCC Resolution 9235 (Child Care Center at 121 Knight Drive)RESOLUTION NO. 9 2 3 5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DENYING THE APPEAL OF THE PLANNING COMMISSION'S DECISION UPHOLDING THE ZONING ADMINISTRATOR'S APPROVAL OF A USE PERMIT FOR TEMPORARY MODULAR BUILDINGS FOR A CHILD CARE CENTER (UP94-40); 121 Knight Drive, AP No. 185-082-02; Episcopal Church of the Redeemer, Owner; William E. Cullen, Representative; William A. Tercero, Appellant WHEREAS, a Use Permit application was submitted for temporary modular buildings to provide interim facilities for operation of an existing child care center and found to be complete for processing; and, WHEREAS, the Zoning Administrator reviewed the proposal at a regular meeting on August 17, 1994, received public comments, and continued the item to August 31, 1994 to allow the applicant additional time to meet with neighbors; and WHEREAS, the applicant held an informal neighborhood meeting on August 29, 1994 attended by child care parents, parishioners, and neighbors to further explain the proposal and answer questions; and, WHEREAS, the Zoning Administrator held a continued hearing on the project on August 31, 1994, received additional public comments, and approved the use permit subject to revised conditions which attempted to address neighbor's concerns; and WHEREAS, Cecilia Bridges, attorney at law, on behalf of neighbors on Rollingwood Drive, appealed the Zoning Administrator's approval of the use permit to the Planning Commission and requested that the approval be denied based on the following reasons quoted and listed as Points 1 through 2: Point 1: Questionable validity of UP76-7(b) to the proposed site for this project. Point 2: Impacts of location of buildings, parking improvements, and access road on the immediately adjacent neighbors and properties; and WHEREAS, the Planning Commission considered the appeal at a duly noticed public hearing on September 13, 1994 and received public testimony on this item from all interested parties; and, WHEREAS, the Planning Commission determined that the appeal was without merit; and, WHEREAS, the San Rafael Planning Commission made the following determinations and findings related to the points of the appeal: ORIGINAL �,�s 1. Appeal Point 1. Questionable validity of UP76-7(b) to the proposed site for this project. The existing use permit for the child care center is valid for this site as the permit approval was granted for the entire site, not the McNear House, and the permit runs with the land. The City Attorney has advised the Planning Commission that the use permit grants the applicant the right to operate the child care facility anywhere on the property. 2. Impacts of location of buildings, parking improvements, and access road on the immediately adjacent neighbors and properties. The existing access road and parking lot have always been used for the child care center and church. They were required to be upgraded when the subdivision of the property (S93-11) was approved. The parking and driveways improvements were approved on February 23, 1994 under ED93-127 and the installation of these improvements was a condition of approval of S93-11 approved March 4, 1994. The appeal periods for these permits have expired. The parking improvements and access road were not part of the Zoning Administrator's action and are not subject to appeal. Impacts from traffic will not change because the temporary permit does not allow any increase in the number of children at the center. The church and temporary buildings are located a substantial distance from existing residences on Rollingwood Drive. The closest home Rollingwood Drive is located 75 feet from the modular buildings and 130' from the play area. Adjacent neighbors and properties will not be substantially impacted by the temporary use; and, WHEREAS, the Planning Commission denied the appeal and readopted the findings of the Zoning Administrator; and WHEREAS, William A. Tercero appealed the Planning Commission's decision to the City Council and requested that the City Council deny application based on the following point: Questionable validity of UP76-7(b) to the proposed site for this project; and WHEREAS, the City Council considered the appeal at a duly noticed public hearing on October 3, 1994 and received public testimony on this item from all interested parties; and WHEREAS, the City Council determined that the appeal was without merit. NOW, THEREFORE BE IT RESOLVED that the San Rafael City Council hereby makes the following determinations and findings related to the point of the appeal: 1. The existing use permit for the child care center is valid for this site as the permit approval was granted for the entire site, not the McNear House, and the permit runs with the land. The 1976 use permit application was filed for the entire church parcel with 121 Knight Drive as the address. The use encompassed the entire site with parking and driveway improvements which are necessary for the operation of the center being located on the church property. The use permit survived the lot split and is valid. The City Attorney has advised the City Council that the use permit grants the applicant the right to operate the child care facility anywhere on the property. This use permit approval allows the operation of the child care center in temporary facilities consisting of modular buildings and the church building. BE IT FURTHER RESOLVED that the City Council denies the appeal and readopts the following findings of the Planning Commission and Zoning Administrator: 2. The proposed temporary placement of portable buildings and use of the Church of the Redeemer Parish Hall as a child care center is consistent with the General Plan 2000 land use designation of Low Density Residential, and with the goals and policies of the General Plan including Policy LU -57, Child Care. This policy encourages the development and retention of child care centers to meet citywide and neighborhood child care needs. The policy encourages the continuation of child care programs at school sites and other convenient locations in residential neighborhoods. This policy states that child care centers shall not be precluded in any land use designation except the low intensity "Hillside Resource Residential' and "Hillside Residential' areas. 3. The proposed temporary use complies with each of the applicable provisions of the Zoning Ordinance and the proposed use is in accord with the objectives of the Zoning Ordinance and the purposes of the R-10 zoning district. The District allows a child care center with a use permit. The site has an existing use permit for the center. This is a temporary use permit for modulars for an office and bathrooms for the child care center to allow the center to remain in operation until permits are secured for the permanent facility, either on this site or another location. All setback, parking, and other requirements of the R-10 District are met. 4. 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. The placement of the modulars will not intensify the use of the site. There is an existing use permit for the child care center on this property and the number of children and employees will not change. There is no change in traffic. Noise impacts are minimal because of insulation and the distance of the structures from residences. Screening of the modulars is required. 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 City Council of said City held on the 3rd day of October, 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller JEANNE M. LEONCINI, City Clerk