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HomeMy WebLinkAboutCC Resolution 8640 (Marin Ranch Airport)RESOLUTION NO. 8640 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL GRANTING IN PART THE APPEAL OF THE PLANNING COMMISSION'S ACTION APPROVING A USE PERMIT EXTENSION FOR THE MARIN RANCH AIRPORT WITH REVISED CONDITIONS WHICH LIMIT THE NON -AVIATION RELATED USES AND MODIFYING CONDITIONS NO. 8, 9, 11,12, AND 20; UP74-6(g), APN 155-230-10,-1142,43,44 BIELSER, SHEKOU, ET AL, PROPERTY OWNER; CAPITAL INVESTMENT RESOURCES, REPRESENTATIVE WHEREAS, the applicant filed an application for a use permit extension to continue the existing property use which was described as an airport, contractor's yards, grazing and related uses, and WHEREAS, on November 20, 1991 the Planning Commission of the City of San Rafael held a duly noticed meeting to consider the use permit extension for the Marin Ranch Airport, and WHEREAS, the Planning Commission received public testimony on this item from the applicant and his attorney, adjacent residents, environmental organizations, the attorney representing the storage container operation, and other interested parties, and WHEREAS, the Planning Commission heard specific testimony regarding adverse impacts from sheep on the sensitive habitat, adverse impacts of the illegal fill activity, and adverse impacts on the residential neighborhood from the intensification of the contractors' uses and storage activities, and WHEREAS, the Planning Commission determined that proposed commercial storage in one hundred containers not be permitted as the 1969 and 1973 photos and 1974 aerials show no evidence of such use other than a few isolated containers used for storage by businesses or pilots located at the airport, none of the previous use permit extensions or site plans indicate this use was in existence or approve its use, no business licences were approved to allow such a use, the containers are located outside the area designated as "contractors' storage area" on the site plan submitted with the 1987 use permit extension request, the use is not airport related, the use is not consistent with the General Plan, and the use is not appropriate adjacent to a residential neighborhood, and WHEREAS, the Planning Commission determined that the fill placed on the site since 1974 should be removed as no permits had been obtained, and WHEREAS, the Planning Commission determined that sensitive habitats on the site be fenced and revegetated as sheep grazing was damaging the habitat of the endangered Clapper Rails, and WHEREAS, the Planning Commission determined that restrictions on hours of operation and parking improvements were necessary to limit impacts on adjacent residential uses, and WHEREAS, the Planning Commission determined that the use permit for the operation of the airport for 100 planes be extended as no complaints had been received, and WHERAS, on November 20, 1991 the San Rafael Planning Commission approved a one year extension of the use permit for the Marin Ranch Airport subject to revised conditions which limit the non -aviation related uses, and oRiciNAI -Aa�,� WHEREAS, on January 28, 1992, the Planning Commission adopted the formal resolution setting forth its action, and WHEREAS, the applicants appealed Conditions No. 8, 9, 10,11, 12,14,15, and 20 to the City Council and requested that these conditions be modified, and WHEREAS, on April 6,1992 the City of San Rafael City Council held a duly noticed public hearing and received public testimony on the requested condition modifications, and WHEREAS, modification of Condition 8 would recognize the retention of six historic containers and would still require that all commercial containers be removed within a reasonable time frame, and WHEREAS, modification of Condition No. 9 to allow the applicant to apply for a use permit amendment for use of the former Bauman Landscaping site would allow for review of the appropriateness of any proposed use and for public input through the application process, and WHEREAS, condition, No. 11 can be modified to provide flexibility as to business hours without impacting neighbors, and WHEREAS, information on business license requirements has been clarified and Condition 14 does not need to be modified, and WHEREAS, Condition No. 20 which grants the permit for a one year time period is modified to allow for a three year time period with annual review by the Planning Commission to insure permit compliance. NOW THEREFORE BE IT RESOLVED, that the San Rafael City Council partially grants the appeal and modifies conditions No. 8, 9, 11, 12, and 20 of the use permit as outlined in Exhibit A to the resolution and directs staff to bring back additional information on Conditions No. 10 and No. 15 of the permit for further consideration of the Council at its meeting of April 20, 1992. The foregoing resolution was introduced at a regular meeting of the City Council of the City of San Rafael on the 6th day of April, 1992 and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNE M. LEONCINI, City Clerk - 2 - EXHIBIT A 8. Commercial storage in containers and the storage of vehicles, boats, and miscellaneous materials is specifically prohibited under this use permit and cannot be placed on the site. Any such storage containers, vehicles, trailers, boats, etc. must be removed from the site within 120 days or by August 6, 1992: A maximum of six containers are recognized as historic uses; they include three containers located adjacent to the hangars, one container used by Lyle Reed, and two containers used by Linscott Engineering are recognized as historic uses and may be retained on site. They shall not be used by anyone other than the present users. If the use changes from the present user, the use shall cease and the container shall be removed. 9. The contractor's storage yard uses on the site are limited to the areas currently occupied by Linscott Engineering, Lyle Reed Striping, Walt Jewell Trucking, and Newton Trucking. Any use of the area previously occupied by a landscape and top soil contractor (Bauman Landscaping) shall require the amendment of this use permit. 11. Non -aviation hours of business are limited to the hours of 7:00 a.m. to 6:00 p.m., Monday through Saturday. Operation of these businesses, other than routine office work or other non -noise generating interior work, is not permitted on Sundays or outside the prescribed hours. 12. Within 90 days, or by July 6, 1992, the applicant shall submit a detailed parking plan for the site for the Planning Directors approval showing designated parking areas for employees and equipment. All such parking areas shall, at a minimum, be covered with six inches of crushed rock or other material approved by the Planning and Public Works Departments and maintained. The approved parking improvements and landscaping must be installed within six months or by October 6, 1992. All parking and driveway areas must be maintained and dust must be controlled. 14. Applications for all necessary business licenses, Certificates of Use and Occupancy, electrical and plumbing permits, and Environmental and Design Review permits shall be filed within 90 days or by July 6, 1992. 20. This permit is valid for a three year period, or until April 6, 1995. Any extension of the permit beyond that date must be granted by the Planning Commission. In six months, the Planning Director shall report to the Planning Commission as to the status of condition compliance. The permit shall be set annually (1993, 1994) for hearing by the Planning Commission to determine if condition compliance has occurred and it is appropriate to extend the non - aviation uses, and to take any appropriate action, including revocation. - 3 -