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
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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
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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.
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