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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 q��e 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. - 3 - 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. - 4 - 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 - 5 -