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
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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.