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HomeMy WebLinkAboutCC Resolution 7470 (Night Club Appeal)RESOLUTION NO. 7470 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF A USE PERMIT FOR A NIGHTCLUB USE WITH LIVE ENTERTAINMENT AT 26-32 GARY PLACE (UP86-26) WHEREAS, in April 1986 a use permit application was filed for the establishment and operation of a nightclub with live entertainment use at 26-32 Gary Place. The application includes a proposal to utilize adjacent CalTrans property (located partially under the freeway) for parking; and WHEREAS, the proposal was presented to the Planning Commission for review at its regular meeting of August 26, 1986. The staff recommended that a Negative Declaration be certified and that the use permit be conditionally approved. After public testimony and discussion, the Planning Commission continued the item for additional staff review and response to the points and issues raised at the meeting; and WHEREAS, on September 30, 1986, the Planning Commission again reviewed the proposal and staff's response to the issues that were raised at the earlier meeting. A number of the points that were responded to include concerns regarding noise, exterior lighting, adequacy of parking, vandalism and security; and WHEREAS, after additional public testimony and discussion the Planning Commission concluded that the issues and concerns pertaining to the proposed use and location had been addressed. The San Rafael Planning Commission certified a Negative Declaration and conditionally approved the use permit for the nightclub use with the conditions specified in Exhibit "A". The approvals were granted on a 4-1 vote (O'Brien dissenting, Boro and Rifkind absent); and WHEREAS, on October 7, 1986, the Planning Commission's action was appealed by Wayne Batmale, operator of Avcar Rentals. The appellant questioned the adequacy of parking and was not convinced that the use would operate in an organized manner or that the use would not increase potential for crime and vandalism in the area; and WHEREAS, on December 1, 1986, the City Council held a public hearing on the appeal. After public testimony and discussion a majority of the City Council concluded that the use is acceptable for the site and that all major issues have been addressed through conditions of approval. 0RiG➢NAI RESOLUTION NO. 7470 It was recommended that one of the conditions be modified. The appeal was denied on a 3-1 vote (Frugoli dissenting, Russom absent). NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council denies an appeal and upholds the Planning Commission's decision to certify a Negative Declaration and to conditionally approve a use permit for the nightclub use with the conditions specified in Exhibit "A" and the following findings: "Approval of this use permit for live entertainment would not be detrimental to the health, safety and welfare of patrons, surrounding properties and merchants in that specific conditions of approval are required to ensure that there would be no parking, noise or litter impacts. Additionally, the Police Department has found that with the conditions as specified the use is not anticipated to create vandalism or security problems provided there is adequate monitoring through the initial trial period. The City Traffic Engineer finds that the proposed parking is adequate and usable and would in fact reduce the present haphazard parking pattern along Gary Place." 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 Mo ndav , the 15th day of December 1986, by the following vote, to wit: AYES: COUNCILMEMBERS : Breiner, Nave & Mayor Mulryan NOES: COUNCILMEMBERS : Frugoli ABSENT: COUNCILMEMBERS : Russom '-�.E�1 N10VI , iC erk N�PIy EXHIBIT "A" Revised Conditions of Approval 9-30-86: FIRE DEPARTMENT (a) The building must be of fire resistive construction per Uniform Building Code. (b) An automatic fire sprinkler system shall be required conforming to NFPA Standard 13. (c) The building must comply with T19 and T24 regulations of the State Fire Marshal. (d) A Fire Department permit is required for public assembly occupancy. (e) Prior to a building permit, a "to scale" seating diagram shall be submitted showing aisle widths. (f) Fire lanes shall be posted in accordance with Fire Prevention Standard 204. POLICE DEPARTMENT (g) No minors (persons under 21) shall be admitted to this club at anytime. (h) Two uniformed security guards shall be present on the premises during all operating hours to control entry into the club, monitor the conduct o ftFie patrons and to provide surveillance outside of the club and in the parking lot. The guards shall also monitor parking to ensure that patrons do not park in the adjacent Marin Square Shopping Center lot. Proper signs shall be posted at the club entrance, parking lot entrance and shopping center driveway entrance that club patron parking is prohibited in the shopping center lot and that violators will be towed. (i) No patron waiting lines shall be permitted outside of the building. All stacking and queuing lines shall be done inside the building. PUBLIC WORKS DEPARTMENT (j) Pedestrian X-ing signs shall be installed at locations identified and required by the Traffic Engineer. (k) All traffic signing and striping shall be installed as approved by the Traffic Engineer. (1) The change in occupancy requires that the building be in compliance with the Uniform Building Code requirements. Such improvements include a 4 -hour occupancy separation wall between the nightclub and adjacent uses. The building must be upgraded to one hour construction or an automatic sprinkler system must be installed. (m) The rear exit must return unobstructed to Gary Place (no gates with locks). (n) A grading and drainage plan shall be submitted to the Public Works Department for all work on Parcel #2. (o) Frontage improvement pian shall be approved by Public Works and shall include concrete curbing around utility poles. PLANNING DEPARTMENT (p) Thi; permit is approved for a nightclub with live entertainment limited to live bands, musical groups and comedy acts. (q) Hous of operation shall be limited to 8 p.m. to 2 a.m., daily. No after- hours operation of the use (after 2 a.m.) shall be permitted. Furthermore, the use is not permitted to operate during daytime hours. (r) No building permits for the nightclub shall be permitted until the applicant provides proof that a lease has been secured with Caltrans for off-site parking on Parcel #2. Use of Parcel #,2 for an off-site parking lot shall be limited to 50% of the site area located under the freeway structure, as identified in the staff report graphics dated August 20, 1986. (s) The off-site parking area on Parcel #2 shall be fully enclosed by a 6 -foot high transparent fence. The parking lot shall be closed and secured every night (after club closure) to avoid unauthorized parking of vehicles and opened in the morning for use by Eugene Orloff, Auto Body Shop and Kitchen and Bathroom Cabinet Shop. (t) Parking spaces 1-5, located in the front of the nightclub shall be eliminated. This area shall be designed as an entrance and drop-off area. However, at least one handicapped parking space shall be incorporated into the design of this entrance/drop-off. (u) Prior to building occupancy and operation, a design review permit shall be secured by the applicant and work shall be completed for exterior building and site improvements. Such improvements shall include but are not limited to the following items: 1) A comprehensive sign program for all three uses. 2) Resurfacing and painting of the building exterior with colors and materials similar to the adjacent Marin Square Shopping Center. 3) Removal of all unnecessary and nonoperating rooftop mechanical equipment prohibit the installation of new rooftop mechanical equipment unless attractive screening is required. 4) Placement of potted plants and trees in front of the building. 5) Paving, striping and directional marking of the off-site parking lot and on-site parking. The five parking spaces fronting the club use shall be eliminated and replaced with 1-2 handicapped parking spaces and a drop- off. 6) Landscaping and irrigation islands on the off-site parking lot where such islands are not covered by the freeway structure. 7) Parking lot exterior lighting plan shall be submitted for review by the Police and Planning Departments. The plan shall include flood lighting to be installed so as to illuminate the building entrance and property frontage. Lighting standards shall be installed in the parking lot with standards spaced at maximum intervals of 80 feet. All exterior lighting shall be designed and installed to shine downward so as to avoid glare to surrounding properties, City streets and Highway 101. (v) Prior to issuance of building permits, the construction plans shall be reviewed by a qualified noise consultant. Additionally, the noise consultant shall review the proposed nightclub's noise effects on the nearby kennel operation. The noise attenuation measures recommended for the building must ensure that exterior noise levels are not impacted. Unless otherwise modified by the noise consultant, the following shall be installed: 1) A four hour occupancy separation shall be installed between the nightclub and adjacent uses. A concrete block wall or reinforced concrete wall generally constitutes four-hour occupancy separation. 2) All four interior walls shall be covered with 5/8 inch sheet rock and covered again with an insulated wall board that is padded and noise absorbent. 3) A dropped, false ceiling shall be installed with use of acoustical tiles covered 4•;ith insulated/padded wall board. (w) To ensure that all litter is cleaned-up and that the property is well maintained, the applicant shall hire a professional janitorial service. The exterior of the building, entrance and parking lot shall be cleaned nightly. Prior to occupancy, the applicant shall provide the City with proof that such a service is being provided to meet maintenance obli- gations. This proof can be in the form of a signed contract. (x) Prior to occupancy, a valet parking plan shall be submitted to the City for review and approval by the Planning Director and City Traffic Engineer. (y) Prior to occupancy, a City business license shall be secured by the applicant. (z) This use permit shall be approved for six months, or until June 1, 1987. Prior to expiration, a time extension request shall be filed by the appli- cant and reviewed by the Planning Commission. the Planning Commission's recommendation to approve, cgnditionally approve or deny the extension shall be forwarded to the City Council for consideration and final action. In no event shall extensions be granted for more than one year at a time.