HomeMy WebLinkAboutCC Resolution 9235 (Child Care Center at 121 Knight Drive)RESOLUTION NO. 9 2 3 5
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL DENYING THE APPEAL OF THE PLANNING
COMMISSION'S DECISION UPHOLDING THE ZONING ADMINISTRATOR'S APPROVAL
OF A USE PERMIT FOR TEMPORARY MODULAR BUILDINGS FOR A CHILD CARE
CENTER (UP94-40); 121 Knight Drive, AP No. 185-082-02; Episcopal Church of the Redeemer,
Owner; William E. Cullen, Representative; William A. Tercero, Appellant
WHEREAS, a Use Permit application was submitted for temporary modular
buildings to provide interim facilities for operation of an existing child care center and found
to be complete for processing; and,
WHEREAS, the Zoning Administrator reviewed the proposal at a regular meeting
on August 17, 1994, received public comments, and continued the item to August 31, 1994 to
allow the applicant additional time to meet with neighbors; and
WHEREAS, the applicant held an informal neighborhood meeting on August 29,
1994 attended by child care parents, parishioners, and neighbors to further explain the
proposal and answer questions; and,
WHEREAS, the Zoning Administrator held a continued hearing on the project on
August 31, 1994, received additional public comments, and approved the use permit subject
to revised conditions which attempted to address neighbor's concerns; and
WHEREAS, Cecilia Bridges, attorney at law, on behalf of neighbors on Rollingwood
Drive, appealed the Zoning Administrator's approval of the use permit to the Planning
Commission and requested that the approval be denied based on the following reasons
quoted and listed as Points 1 through 2:
Point 1: Questionable validity of UP76-7(b) to the proposed site for this project.
Point 2: Impacts of location of buildings, parking improvements, and access road on the
immediately adjacent neighbors and properties; and
WHEREAS, the Planning Commission considered the appeal at a duly noticed
public hearing on September 13, 1994 and received public testimony on this item from all
interested parties; and,
WHEREAS, the Planning Commission determined that the appeal was without
merit; and,
WHEREAS, the San Rafael Planning Commission made the following
determinations and findings related to the points of the appeal:
ORIGINAL
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1. Appeal Point 1. Questionable validity of UP76-7(b) to the proposed site for this
project.
The existing use permit for the child care center is valid for this site as the permit
approval was granted for the entire site, not the McNear House, and the permit
runs with the land. The City Attorney has advised the Planning Commission that
the use permit grants the applicant the right to operate the child care facility
anywhere on the property.
2. Impacts of location of buildings, parking improvements, and access road on the
immediately adjacent neighbors and properties.
The existing access road and parking lot have always been used for the child care
center and church. They were required to be upgraded when the subdivision of
the property (S93-11) was approved. The parking and driveways improvements
were approved on February 23, 1994 under ED93-127 and the installation of these
improvements was a condition of approval of S93-11 approved March 4, 1994. The
appeal periods for these permits have expired. The parking improvements and
access road were not part of the Zoning Administrator's action and are not subject
to appeal. Impacts from traffic will not change because the temporary permit does
not allow any increase in the number of children at the center. The church and
temporary buildings are located a substantial distance from existing residences on
Rollingwood Drive. The closest home Rollingwood Drive is located 75 feet from
the modular buildings and 130' from the play area. Adjacent neighbors and
properties will not be substantially impacted by the temporary use; and,
WHEREAS, the Planning Commission denied the appeal and readopted the
findings of the Zoning Administrator; and
WHEREAS, William A. Tercero appealed the Planning Commission's decision to
the City Council and requested that the City Council deny application based on the following
point: Questionable validity of UP76-7(b) to the proposed site for this project; and
WHEREAS, the City Council considered the appeal at a duly noticed public hearing
on October 3, 1994 and received public testimony on this item from all interested parties; and
WHEREAS, the City Council determined that the appeal was without merit.
NOW, THEREFORE BE IT RESOLVED that the San Rafael City Council hereby
makes the following determinations and findings related to the point of the appeal:
1. The existing use permit for the child care center is valid for this site as the permit
approval was granted for the entire site, not the McNear House, and the permit runs
with the land. The 1976 use permit application was filed for the entire church parcel
with 121 Knight Drive as the address. The use encompassed the entire site with parking
and driveway improvements which are necessary for the operation of the center being
located on the church property. The use permit survived the lot split and is valid. The
City Attorney has advised the City Council that the use permit grants the applicant the
right to operate the child care facility anywhere on the property. This use permit
approval allows the operation of the child care center in temporary facilities consisting
of modular buildings and the church building.
BE IT FURTHER RESOLVED that the City Council denies the appeal and readopts
the following findings of the Planning Commission and Zoning Administrator:
2. The proposed temporary placement of portable buildings and use of the Church
of the Redeemer Parish Hall as a child care center is consistent with the General Plan
2000 land use designation of Low Density Residential, and with the goals and
policies of the General Plan including Policy LU -57, Child Care. This policy
encourages the development and retention of child care centers to meet citywide
and neighborhood child care needs. The policy encourages the continuation of child
care programs at school sites and other convenient locations in residential
neighborhoods. This policy states that child care centers shall not be precluded in
any land use designation except the low intensity "Hillside Resource Residential'
and "Hillside Residential' areas.
3. The proposed temporary use complies with each of the applicable provisions of
the Zoning Ordinance and the proposed use is in accord with the objectives of the
Zoning Ordinance and the purposes of the R-10 zoning district. The District allows a
child care center with a use permit. The site has an existing use permit for the
center. This is a temporary use permit for modulars for an office and bathrooms for
the child care center to allow the center to remain in operation until permits are
secured for the permanent facility, either on this site or another location. All
setback, parking, and other requirements of the R-10 District are met.
4. The proposed use, together with the conditions applicable thereto, will not be
detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity or to the general welfare of the City. The
placement of the modulars will not intensify the use of the site. There is an existing
use permit for the child care center on this property and the number of children and
employees will not change. There is no change in traffic. Noise impacts are
minimal because of insulation and the distance of the structures from residences.
Screening of the modulars is required.
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 City
Council of said City held on the 3rd day of October, 1994, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
JEANNE M. LEONCINI, City Clerk