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HomeMy WebLinkAboutCC Resolution 7357 (39 Trellis Drive)RESOLUTION NO. 7357 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL UPHOLDING AN APPEAL AND DENYING THE PLANNING COMMISSION'S ACTION TO PROHIBIT EVENING USE IN RELATION TO A MASTER USE PERMIT FOR THE CLOSED DON TIMOTEO SCHOOL AT 39 TRELLIS DRIVE (UP86-12) WHEREAS, in February 1986, the Dixie School District filed an application for master use permit approval for the Don Timoteo School site located at 39 Trellis Drive. The purpose of the master use permit is to establish independent community and educational uses that utilize this former elementary school; and WHEREAS, after staff review and analysis and the holding of a neighborhood meeting, the master use permit was supported with the exception that no evening use of the facility be permitted; and WHEREAS, on April 29, 1986, the Planning Commission conditionally approved the master use permit on a 6-1 vote. The Planning Commission denied the proposal to permit evening use of the facility because of specific site constraints, potential impacts to the surrounding neighborhood and neighborhood opposition; and WHEREAS, on May 5, 1986, an appeal was filed with the City Clerk by the Dixie School District staff, appealing condition (c) of UP86-12 which prohibits evening use of the school facility; and WHEREAS, on June 2, 1986, the City Council held a public hearing on the appeal of condition (c). The City Council concluded that an evening use of the facility should be permitted on a trial basis with the following limitations: (1) Evening use should be granted for a limited one night ()TD ��fl gq A Tj �3'j-% per week. (2) Evening use shall be limited to one tenant. (3) Evening use shall not go beyond 9:45 p.m. (4) Evening use shall be limited to a maximum of 60 persons, with all parking contained entirely on the site. (5) The evening use shall be permitted for a 90 day trial period with review by the City Council after September 2, 1986. ()TD ��fl gq A Tj �3'j-% RESOLUTION NO. 7357 The City Council found that the above limitations are necessary to ensure that there would be little or no impacts to surrounding residential properties. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council upholds the appeal and denies the Planning Commission's action to prohibit evening use of the Don Timoteo School as part of a master use permit. The action is based on the following findings and subject to amended condition (c) noted in the attached Exhibit "A" entitled Master Use Permit Conditions of Approval: Findings: Approval of the master use permit for temporary use of the Don Timoteo School with limited evening use would not be detrimental to the health, safety and welfare of surrounding residents in that conditions of approval insure limitations on the types of uses, hours of operation and location of parking and access. The conditions are important in insuring that the uses will not adversely impact the adjacent neighborhood by restricting hours of operation for daytime use only with the exception of permitting one tenant the use of the facility, one night per week. Evening use of the facility is permitted on a trial basis, and specific conditions ensured that parking is contained on-site and that the one tenant is limited to a maximum of 60 participants. 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 Council of said City on Mondav , the 16th day of June , 1986, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli JE E M. LEONCINI, City Clerk EXHIBIT A Master Use Permit Conditions of Approval: (a) Uses T—ie-following range of uses are permitted at Don Timoteo School, subject to a use permit: 1) Day care - preschool 2) Youth education classes (K-8) 3) Church and religious class uses 4) Adult classes 5) Counseling groups 6) Administrative office incidental to an educational service use 7) Outdoor sports programs 8) Any other educational uses determined by the Planning Director to be similar in nature to those listed above. (b) The following tenants are covered under this master use permit: 1) Marin County of Education 2) Parents United 3) A Place for Friends 4) San Rafael Day Care Center 5) California Neuropsychological Services 6) American Diabetes Association 7) Marin Covenant Church. Any changes in occupancy shall require an amendment to this use permit. (c) Hours/Days of Operation 1) 7 a.m. - 6 p.m., with the exception of the outdoor sports programs which are permitted during daylight hours. 2) Evening use of the facility shall be permitted on a trial basis with the following limitations: a) evening use is granted for a limited one night per week; b) evening use shall be limited to one tenant; c) evening use shall not go beyond 9:45 p.m.; d) evening use shall be limited to a maximum of 60 persons with all parking contained entirely on site; and e) the evening use shall be permitted for a 90 day trial period with review by the City Council after September 2, 1986. (d) Parking The School District shall require tenants to park as close to the facility as possible to minimize impacts to adjacent properties. An Assigned parking plan to discourage parking on the public street shall be submitted to the Planning Department for review and approval by the Planning Director and then imposed on tenants for the duration of this use permit. (e) Noise All active play areas shall be located away from adjacent residences. (f) Public Safety 1) No serving or drinking of alcoholic beverages is permitted on the site. 2) It shall be the responsibility of each tenant to provide constant supervision and management during daytime hours to avoid loitering and disturbance to the neighborhood. 3) No hazardous substances shall be stored on the site. (g) Miscellaneous 1) Upon submittal of a use permit application, each potential tenant or user shall provide information on where they are presently, or were formerly, located so that City staff can review their operating records. 2) A business license shall be required of all tenants/users unless otherwise exempt under provisions of existing law. (h) The on-site trash container shall be locked daily and stored in an accessible but not an obvious location to discourage unauthorized dumping of garbage. (i) Directional and stop signs shall be posted and speed bumps shall be installed on-site to limit the speed of vehicles leaving the site. The signage and bumps shall be reviewed and approved by the City Traffic Engineer and installed within 60 days or by June 29, 1986. (j) This use permit shall be approved for one year, or until April 19, 1987, and thereafter shall be reviewed on an annual basis by the Zoning Administrator.