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HomeMy WebLinkAboutPlanning Commission 2011-09-27 #5 CITY OF Community Development Department – Planning Division P. O. Box 151560, San Rafael, CA 94915-1560 PHONE: (415) 485-3085/FAX: (415) 485-3184 Meeting Date: September 27, 2011 Agenda Item: Case Numbers: UP11-040 Project Planner: Sarjit Dhaliwal–(415) 485-3397 REPORT TO PLANNING COMMISSION SUBJECT: 3040 Kerner Blvd. (Gym World) – Request for a Use Permit modification for a previously approved gymnastics school in a 5,499 sq. ft. area of an 8,326 sq. ft. light industrial/office building that was also granted a reduction in the number of parking spaces from 22 required spaces to 11 spaces. The amendment would allow the expansion of the 5,499 sq. ft. unit to 5,849 sq. ft. through the addition of a 350 sq. ft. mezzanine and a reduction in the number of parking spaces from 23 required spaces to 11 spaces; APN: 009-121-20; Light Industrial/Office (LI/O)District; Victoria Yelensky, applicant ; John Hynes, owner; Case Number: UP11-040. EXECUTIVE SUMMARY The proposed project is a Use Permit modification for a previously approved gymnastics school (Gym World). The current Use Permit (UP09-037) allows the gymnastics school (Gym World) use to operate with a parking modification with 11 parking spaces where 22 spaces would be required. The basis for approval of the parking modification was the off-peak hours (i.e., Monday thru Friday: 4:00 p.m. to 9:00 p.m. and weekends: 10:00 a.m. to 6:00 p.m.) of operation of the use; classes being 2-4 hours long; and no more than three teachers and 15 students at any time. The requested amendment would add a 350 sq. ft. office on the second floor to the existing 5,499 sq. ft. building area; change the hours of operation from 3:30 p.m. – 8:30 p.m. Monday thru Friday. The rest of the operation remains essentially the same. Addition of the 350 sq. ft. office results in an increase of required parking spaces from 22 to 23 spaces where 11 spaces would continue to be provided. Justification for parking modification for normal operation of the use is the same as at the time of the initial Use Permit approval in 2009: i.e., since all players are non-driving age children who cannot drive, they would travel to the facility using carpools. Due to 1.5-3.5-hour long classes, parents who drive the children would rarely stay to watch them practice. The applicants do not expect to occupy more than 7 parking spaces onsite at any time. The City Traffic Engineer has reviewed the request and has accepted the applicants’ grounds for parking reduction with a condition that all parking needs to be onsite. Staff finds the requested reduction in the number of parking spaces is reasonable. RECOMMENDATION It is recommended that the Planning Commission adopt a resolution approving the proposed Use Permit and reduction in the number of parking spaces from the required 23 to 12 spaces. PROPERTY FACTS Address/Location: 3040 Kerner Blvd Parcel Number(s): 009-121-20 Property Size: 5,499 sq. ft. unit in a 8,326 sq. ft. building; 25,308 sq. ft. Neighborhood: Canal Neighborhood REPORT TO PLANNING COMMISSION - Case No: UP11-040 Page 2 (0.581 acre) lot size Site Characteristics General Plan Designation Zoning Designation Existing Land-Use Project Site: Light Industry/Office (LI/O) LI/O Industrial building, under construction North: Conservation Park/Open Space (P/OS) and Planned Development- Wetland Overlay (PD-WO) Open space South: LI/O LI/O Warehousing East: LI/O LI/O Professional offices West: LI/O LI/O Warehousing Site Description/Setting: The subject property at 3040 Kerner Blvd. is located in an area of industrial uses and is approximately 0.581 acre is size. The property contains an 8,326 sq. ft., one story, linear, light industrial/office building with bathrooms only for interior improvements. A 5,499 sq. ft. unit is occupied by Gym World. The other 2,827 sq. ft. unit is being used as a garden-pot (Garden Pots, Marin) warehouse. Site improvements include a total of 17 parking spaces (parking ratio of 1 space/500 sq. ft.) located along the western property line and at the rear of the property. The area in the front of the building is landscaped in addition to landscaping in the parking lot. BACKGROUND After operating for ten years at the Harbor Center which is located at 555 E. Francisco Blvd., the Gym World moved to the current location in 2009 after obtaining a Use Permit (UP09-037). The UP09-037 allowed the business to operate with 11 parking spaces where 22 spaces would be required. In May 2011, Building and Fire Prevention Bureau discovered that a mezzanine had been built in the unit without a building permit. The mezzanine would be used as an office. In order to legalize the resultant expanded size of the unit, the applicant has applied for the current Use Permit application. During Gym World’s operation at the Harbor Center for ten years and at the current location for a little over one and a half years, there have never been any complaints filed with the City about its parking usage and demand. PROJECT DESCRIPTION The proposed project is modification of a Use Permit (UP09-037) approved for the gymnastics school (Gym World). The approved Use Permit allows the Gym World to operate with a parking modification with 11 parking spaces where 22 spaces would be required. The basis for approval of the original parking modification was the operating hours (i.e., Monday thru Friday: 4:00 p.m. to 9:00 p.m. and weekends: 10:00 a.m. to 6:00 p.m.) of operation of the use when other businesses in the neighborhood would be closing; no more than three teachers or 15 students at any time; and classes being 2-4 hours long. The requested amendment would add a 350 sq. ft. of new mezzanine office to the existing 5,499 sq. ft., one story building area that results in an increase of required parking spaces from 22 spaces to 23 spaces where 11 spaces would be provided. Further it would change the hours of operation from the approved 4:00 p.m. to 9:00 p.m. hours to 3:30 p.m. to 8:30 p.m. Monday thru Friday and length of the classes from the approved 2-4 hours to 1.5-3.5 hours. The rest of the operation remains the same as approved for UP09-037. REPORT TO PLANNING COMMISSION - Case No: UP11-040 Page 3 Justification for the current parking modification for normal operation of the use is the same as at the time of the initial Use Permit (UP09-037) approval in 2009: i.e., since all players are non-driving age children who cannot drive, they would be dropped by parents and/or travel to the facility using carpools. Parents who drive the children would rarely stay to watch them practice due to the classes being 1.5 – 3.5 hours’ long. The applicants do not expect to occupy more than 7 parking spaces onsite at any time. The City Traffic Engineer has reviewed the request and has accepted the applicants’ grounds for parking reduction with a condition that all parking needs to be onsite. Staff finds the requested reduction in the number of parking spaces is reasonable. The proposed gymnastics school use is allowable with a Use Permit approved by Zoning Administrator. The SRMC Section 14.18.040(B) allows a reduction in the number of required parking spaces upon a favorable review and recommendation by the Traffic Engineer and the Community Development Director with approval by the Zoning Administrator. However, when the project was originally approved in 2009, a reduction in the number of required parking could be allowed upon a favorable review and recommendation by the Traffic Engineer and the Community Development Director with approval by the Planning Commission. Since the original Use Permit and a reduction in the number of required parking spaces was approved by the Planning Commission, the current Use Permit application has been scheduled for review and action by the Planning Commission. Further, the project involves an increase in the Floor Area Ratio (FAR) for the existing development. ANALYSIS San Rafael General Plan 2020 Consistency: The proposed project is consistent with all applicable policies of the General Plan 2020. The following is a summary of the key areas of General Plan consistency: Land Use Element: The key area of the Land Use Element is Policy LU-17 (Limited Retail and Service Uses in Industrial and Office Areas). LU-17 directs to allow limited retail and service uses that serve area businesses/workers, to locate throughout industrial/office and light industrial areas. The proposed project is consistent with Policy LU-17 because the proposed gymnastics school is located in an area and in a building that is suitable for the proposed use and would continue to operate so that it would not conflict with other surrounding office and light industrial uses. Another important area of the Land Use Element is Policy LU-9 (Intensity of Nonresidential Development). LU-9 provides Floor Area Ratios (FAR) for nonresidential properties. The subject property is allowed a 0.38 FAR. The existing 8,326 sq. ft. building located on 24,801 sq. ft. lot amounts to a FAR of 0.34 for the property. With the proposed 350 sq. ft. mezzanine office addition, the FAR for the property would be 0.35. Therefore, the proposed project is consistent with LU-9. Neighborhoods Element: The key policy of the Neighborhoods Element is NH-52 (New Business Development) which directs to encourage and give priority to new business development that benefits the neighborhood through provision of needed services, low traffic impact, or employment of a high percentage of neighborhood residents and to encourage opportunities for local residents to own and operate businesses. Continuing the gymnastics school in an industrial building would maintain an industrial building thus contributing to the City’s economy. The proposed use will also serve the convenience and necessity of the City’s residents. Therefore, the proposed project is consistent with Policy NH-52. Economic Vitality Element: The key policy of the Economic Vitality Element is EV-8 (Diversity of our Economic Base) which directs to keep San Rafael a full-service city by retaining and supporting a broad and healthy range of REPORT TO PLANNING COMMISSION - Case No: UP11-040 Page 4 businesses. The proposed project is consistent with Policy EV-8 because the proposed and existing business provides a desirable recreational service for use by mainly younger residents of the City. Zoning Ordinance Consistency: The proposed project is consistent with all applicable Zoning Ordinance regulations. The following is a summary of the key areas of Zoning Ordinance consistency: Land Use: The existing and proposed use of the site for a gymnastics school is a conditionally permitted use under public and quasi-public uses in the LI/O zoning district and the applicant has applied for a Use Permit, which outlines the details of operation of the proposed gymnastics school. Parking: The subject 5,499 sq. ft. unit for the existing gymnastics school is part of an 8,326 sq. ft. warehouse building on the subject property. The building was approved in 1992 for warehousing uses with a total of 17 parking spaces (1 space per 500 sq. ft.). The proposed addition of a 350 sq. ft. mezzanine office to the 5,499 sq. ft. unit would enlarge the unit to 5,849 sq. ft. As described in Exhibit 3, the business would operate 3:30 p.m. – 8:30 pm., have a maximum of 15 students and three (3) teachers onsite at any given time; classes would be 1.5-3.5 hours in length; and the students would generally be picked up and dropped off, only occasionally some parents would stay to watch their children perform. Before moving to its current location, the Gym World had been operating in an approximately 3,500 sq. ft. unit in Harbor Center (555 E. Francisco Blvd) for ten years without generating any complaints regarding its parking use and demand. At the current location there have never been any complaints filed with the City about this use, its operation of its parking usage and demand. According to Zoning Ordinance Section 14.18.040.B, the parking requirement for any specific use listed may be modified so as to provide adequate parking which is fair, equitable, logical and consistent with the intent of this chapter. Such modification shall be subject to review by the Planning Director and Traffic Engineer and approval by the Zoning Administrator. The City Traffic Engineer has recommended approval of the project without any special conditions or requirements. Since under the previous Zoning regulations, the original project was approved by the Planning Commission in 2009, the current project has been scheduled for the Planning Commission. Staff finds the requested reduction in the number of parking spaces is reasonable. Chapter 22 - Use Permit: As discussed in Exhibit 5, the proposed project is consistent with the required findings for the Use Permit as follows: • That the proposed use is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of the district in which the site is located. As noted in the discussion throughout this report, the project would be consistent with the General Plan policies. The project with conditions would also be in conformance with the LI/O Zoning District in which the site is located because a gymnastics school (as a public/quasi-public use) is an allowable use with a Use Permit in the LI/O zoning district (Section 14.06.020). Because the proposed project would be located in an existing building and does not involve any exterior changes, development standards do not apply to the proposed project. • That 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. REPORT TO PLANNING COMMISSION - Case No: UP11-040 Page 5 The proposed gymnastics school use, as conditioned, would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity because: 1) the proposed use would be located within an existing building; 2) the proposed use would not result in additional daytime and/or nighttime noise levels as the business would operate on weekends and after 3:30 p.m. Monday thru Friday; 3) the proposed project would not result in parking problems because a) only a limited number (3) of teachers would be onsite at any given time, b) the students being of non-driving age, would be dropped off and picked up, c) the classes would be 1.5 to 3.5 hours in length; and 4) the proposed project has been reviewed by appropriate City departments and no public safety concerns have been identified to the surrounding neighborhood. • That the proposed use complies with each of the applicable provisions of the Zoning Ordinance. Lastly, the project would be consistent with the applicable sections of the Zoning Ordinance (Section 14.16.260) in that the only noise sources from the gymnastics school would be personal vehicles coming to and leaving the facility generally between 3:30 p.m. and 8:30 p.m. Monday thru Friday and 10 a.m. 5:30 p.m. on Saturday and Sunday. That would not result in the generation of significant noise. Further, any noise generated by the vehicles would not become a nuisance for the area because the business would operate only during weekends or after 3:30 p.m. Monday thru Friday. Additionally, the any noise would not impact any residential uses because the surrounding uses are either industrial/office uses or open space. ENVIRONMENTAL DETERMINATION The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, which exempts the operation of existing public or private structures or facilities including additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition, or 2,500 sq. ft. whichever is less. NEIGHBORHOOD MEETING / CORRESPONDENCE The subject property is located within Canal neighborhood. Therefore, the proposed project was referred to the Canal Community Alliance. No comments were received. Notice of hearing for the project was conducted in accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and occupants within a 300-foot radius of the subject site, and all other interested parties, 15 calendar days prior to the date of all meetings, including this hearing. Although it is not required to post the site, public notice was also posted on the subject site 15 calendar days prior to the date of all meetings, including this hearing (Exhibit 4). The project was referred to agencies and other City Departments. Except for Building Division, no other Department had any comments. Building Division comments have been added to the recommended conditions of approval. To date no phone calls or correspondence was received from any neighbors or otherwise interested persons. OPTIONS The Planning Commission has the following options: 1. Approve the application as presented. 2. Approve the application with certain modifications, changes or additional conditions of approval. REPORT TO PLANNING COMMISSION - Case No: UP11-040 Page 6 3. Continue the application to allow the applicant to address any of the Commission’s comments or concerns. 4. Deny the project and direct staff to return with a revised resolution. EXHIBITS 1. Vicinity/Location Map 2. Draft Resolution of Approval 3. Project Description Submitted by the Applicant, date stamped July 28, 2011 4. Public Hearing Notice Reduced size (8½”x14”) plans distributed to Planning Commission only.