HomeMy WebLinkAboutCC Resolution 9236 (Child Care Center at 121 Knight Drive)RESOLUTION NO. 9236
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DENYING THE
APPEAL OF THE PLANNING COMMISSION'S ADOPTION OF A
NEGATIVE DECLARATION AND CONDITIONAL APPROVAL OF A USE
PERMIT AMENDMENT AND ENVIRONMENTAL AND DESIGN REVIEW
PERMIT FOR A CHILD CARE CENTER
121 Knight Drive APN 185-082-02
WHEREAS, the proposed project consists of an Environmental and Design
Review application to permit a 3,100 square foot child-care facility and a Use
Permit Amendment to allow the expansion of the Child -Care facility from 44
children to 55 children; and,
WHEREAS, upon review of the subject applications an environmental
Initial Study was prepared consistent with the requirements of the California
Environmental Quality Act (CEQA); and,
WHEREAS, on September 13, 1994, the San Rafael Planning Commission
held a duly noticed Public Hearing on the proposed Environmental and
Design Review Permit and the Use Permit Amendment applications,
accepting public testimony and the written report of the Planning Department
staff; and,
WHEREAS, on September 13, 1994, the San Rafael Planning Commission
voted to adopt the Negative Declaration and Mitigation Monitoring Program
and approve the Use Permit and Environmental and Design Review permit;
and,
WHEREAS, William A. Tercero of 11 Rollingwood Drive appealed the
Planning Commission's approval of the Negative Declaration,
Environmental and Design Review Permit and Use Permit, and requested
that the approval be denied based on the following reasons quoted and listed
as Points 1 through 4 below:
Point 1:
The Negative Declaration and Design Review Permit and Use Permit should
be denied based on the increased facility size and its negative impacts.
Point 2:
The site should be master planned.
Point 3:
The additional parking spaces will have a negative impact.
Point 4:
The appellant does not agree with the proposed placement of the new facility:
and,
ORIGINAL
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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 relating to the
Points of the appeal:
Point #1 - Negative Declaration and permits should be denied based on the
increased facility size and its negative impacts.
That portion of the appeal relating to Point 1 is denied. The City Council
finds that the expansion of the child care facility from the presently approved
maximum of 44 children to a maximum of 55 children will have a negligible
impact on the surrounding neighborhood as not all 11 children will be
arriving and leaving at the same time and not all 55 children will be on site at
all times. The applicant has provided information as to the arrival and
departure time of the children, and information about the time and numbers
of children that are on site and outside at any time. The City Council has
determined that the expansion of the child care facility is appropriate for this
site based on the great need for child care in the community and the strong
General Plan support for the use. They stated that the new facility does not
increase the use of the site in a way that would cause any additional impacts,
as the day care operation has been at the site since 1976. Driveway and
parking areas will not change, and the proposed improvements to the
driveway and parking areas are approved under a separate permit. The
height of the structure is less than the surrounding homes, and the structure
is located 75 feet from the nearest house on Rollingwood Drive.
Additionally, the State Clearinghouse has reviewed the Negative Declaration
and determined that the conditions of approval are appropriate to mitigate
any significant effects on the prehistoric artifacts located on the site.
Point #2 - The site should be master planned.
The portion of the appeal relating to Point 2 is denied. The City Council finds
that the General Plan requires Master Plan zoning for lots five acres in size or
larger. The subject parcel is 1.4 acres in size. The applicants have indicated
that no additional buildings are planned on the site in the forseeable future.
The Planning Commission added a condition requiring the deletion of any
outline of any future buildings from the plans, and the condition requiring
the Church to abstain from any additional building within 5 years. These
conditions address the neighbors concerns with piecemeal development. The
City Council, in their review, also found that master plan zoning was not
necessary for the site.
Point #3 - The additional parking spaces will have a negative impact.
That portion of the appeal relating to Point 3 is denied. The City Council
finds that the additional parking spaces were not part of the Planning
Commission's or City Council's review, and are not subject to appeal. The
additional parking spaces and widening of the access driveway were required
to bring the existing parking into compliance with zoning requirements so
that the applicant could subdivide the property. An environmental and
design review permit for these improvements was approved by the Zoning
Administrator on February 23, 1994. - 2 -
Point 4 - The appellant does not agree with the placement of the new facility.
That portion of the appeal relating to Point 4 is denied. The City Council
finds that the proposed new building is located a substantial distance from the
existing residences on Rollingwood Drive. The closest residence is 75 feet,
and another is 90 feet. The height of the building is 14.5 feet at its highest
point. Adjacent neighbors and properties will not be substantially impacted
by the relocation of the day care use. The City Council finds that the Design
Review Board has reviewed the proposal and made comments that resulted
in a building more compatible with the surrounding neighborhood, and the
City's Traffic Engineer has determined that the proposed location in the rear
of the church is the safest place from a traffic standpoint for the required drop-
off point. The driveway and parking improvements were required as
conditions of the subdivision and were approved under ED93-127. They are
not part of this application.
BE IT FURTHER RESOLVED, that the City Council denies the appeal and readopts
the following findings of the Planning Commission:
Negative Declaration
1. Approval of the Negative Declaration is consistent with the provisions of
CEQA in that an Initial Study has been prepared on the project which
determined that there is no substantial evidence that the project will have a
significant impact on the environment. The Document has been circulated to
the appropriate agencies and reviewed by the State Clearing House and made
available for public review. The project has been designed to have minimal
impact on archaeological resources, and mitigation measures have been
attached to the project which reduce the potential impacts to a level of
insignificance. Public notice of the intent to adopt the Negative Declaration
has been done according to state law. The proposed Negative Declaration has
been considered in conjunction with comments received during the review
period and at the public hearings. Adoption of the Negative Declaration
reflects the independent judgement of the Planning Commission.
2. A mitigation monitoring program has been adopted to insure
implementation of and compliance with all conditions required to mitigate
any impact to a level of insignificance.
UP76-7(b)
3. The proposed relocation and expansion of the Child -Care Center at the
Church of the Redeemer at 121 Knight Drive 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 city-wide and neighborhood child care needs. The policy encourages the
continuation of child care programs at schools 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.
4. The proposed child care facility 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 a total of 44 children. This permit will allow a
center to operate with 55 children from 7:00 am until 6:00 pm Monday
through Friday during the entire calendar year. All setback, parking and
other requirements of the R-10 District are met.
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5. 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 construction of the new 3,100 square foot child care building and
expansion to 55 children will not intensify use of the site significantly as a
child care center has operated on the church property since 1976, adequate
parking and access are being proposed, and significantly greater setbacks than
required by the zoning ordinance are proposed between the new child care
building and the property lines. Distances of 60, 75 and 90 feet are proposed
between the child care building and the existing residences, and additional
screening landscaping is proposed for the parcel.
5(b). The proposed expansion of the child-care facility from 44 to 55 children
recognizes the great need for child care in the City of San Rafael and the
Glenwood neighborhood. The project is consistent with the
recommendations of the San Rafael Child Care Task Force as well as all
applicable policies of the General Plan.
ED94-51
6. The Environmental and Design Review application conforms to the
design standards and all applicable policies established in the General Plan
2000, to the Criteria for Approval of Applications listed in Section 14.25.050 of
the Zoning Ordinance, the objectives of the Zoning Ordinance and the
purposes of Chapter 25 of the Ordinance.
7. The project design is consistent with all applicable site, architecture and
landscaping design criteria and guidelines for the R-10 zoning district in that
greater setbacks than required are proposed, parking lot landscaping is
increased, and the Design Review Board, Planning Commission and City
Council have determined that the project is compatible with the mainly
single story neighborhood homes.
8. The project design minimizes environmental impacts in that adequate
landscaping has been provided to screen the building, colors and materials are
compatible with the existing church building, and the building has been
designed with a low profile in order that views from off-site would not be
affected. Additionally, the building has been designed as a modular building
with a foundation that requires minimum impact and excavation of the earth
surface. The Negative Declaration adopted for the project incorporates
measures to mitigate impacts to a level of insignificance. The project design
will not be detrimental to the public health, safety or welfare, nor materially
injurious to properties or improvements in the vicinity as the Design Review
Board, Planning Commission and City Council have determined that the
proposed building is compatible with the single family, mainly one-story
building. It is a single story building with a maximum height of 14 and one-
half feet. The roof slope and building design have been modified to be
compatible with the single family neighborhood. The building size of 3,100
total square feet is in scale with the neighborhood. The building site is a large
1.4 acre parcel which allows the building to be located to the rear of the
property and set back a minimum of 27 feet from the property line of the
houses on Rollingwood Drive.
BE IT FURTHER RESOLVED, that the City Council of the City of San Rafael hereby
finds that the Negative Declaration has been completed in compliance with CEQA
and adopts the Document, including the Mitigation Monitoring and Reporting
Program.
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I, JEANNE M. LEONCIlVI, 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 Third day of October, 1994, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
JE E M. LEONCINI, City Clerk
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