Loading...
HomeMy WebLinkAboutPlanning Commission 2011-09-27 #5 Resolution EXHIBIT 2.1 RESOLUTION NO. ______ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN RAFAEL APPROVING 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 AT 3040 KERNER BLVD (APN: 009-121-020) WHEREAS, on August 27, 2009, Victoria Yelensky submitted an application for a Use Permit (UP09-037) to allow a 5,499 sq. ft. gymnastics school (Gym World) in an approximately 8,326 sq. ft. warehouse building and a reduction in the number of parking spaces for the gymnastics school building from 22 required parking spaces to 11 parking spaces at 3040 Kerner Blvd.; and WHEREAS, on October 27, 2009, the San Rafael Planning Commission held a duly-noticed public hearing to consider the project application and accepted the written report of the Community Development Department staff and all oral and written public testimony; and WHEREAS, at the conclusion of the hearing on October 27, 2009, the San Rafael Planning Commission approved the proposed project with findings and conditions of approval, with 4-1 (Paul opposed)-1 (Lang absent) vote; and WHEREAS, in May, 2011 Building and Fire Prevention Bureau discovered that a mezzanine had been built in the unit without a building permit; and WHEREAS, on June 23, 2011, the applicant submitted an application for a Use Permit (11-040) to modify the approved Use Permit (UP09-037) and correct the violation; and WHEREAS, upon review of the submitted information, the Community Development Department, Planning Division deemed the project application as incomplete on July 21, 2011; and WHEREAS, upon review of the resubmitted information, the Community Development Department, Planning Division deemed the project application as complete on August 11, 2011 and scheduled it for a Planning Commission hearing; and WHEREAS, on September 27, 2011, the San Rafael Planning Commission held a duly-noticed public hearing to consider the project application and accepted the written report of the Community Development Department staff and all oral and written public testimony; and WHEREAS, pursuant to Section 15301 of California Environmental Quality Act (CEQA), operation of existing public or privates 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, is exempt from further review under CEQA; and NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission makes the following findings with respect to the Use Permit (UP11-040) for the proposed gymnastics school and reduction in the required number of parking spaces: EXHIBIT 2.2 1. The project would be consistent with the General Plan 2020 given that the proposed project would be consistent with Policies LU-17 (Limited Retail and Service Uses in Industrial and Office Areas), NH- 52 (New Business Development) and EV-8 (Diversity of our Economic Base in that: a. The proposed gymnastics school would be located in an area that is developed with LI/O uses and would serve the residents of nearby residential areas; b. The proposed gymnastics school is a conditionally permitted use under public/quasi-public uses in the Light Industrial/Office (LI/O) zoning district; c. Because, the proposed use involves an increase in the area of an existing building, the project has been reviewed for compliance with FAR (0.38) standards and found in compliance. The existing FAR is 0.34 and the proposed FAR would be 0.35; d. Because, the proposed use does not involve any new development, the project would not be reviewed for compliance with other development standards; e. Locating the proposed gymnastics school in an existing industrial building would maintain an industrial building thus contributing to the City’s economy; f. The proposed gymnastics school would serve the convenience and necessity of the City’s residents; g. The proposed gymnastics school would provide a desirable recreational service for use by younger and adult residents of the City; and h. The project would operate so that it would not conflict with other surrounding office and light industrial uses. 2. The proposed project would be consistent with the purposes of the Zoning Ordinance in that: a. That the proposed use is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of the Light Industrial/Office (LI/O) district in which the site is located; b. 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; c. No significant new noise will be generated. Additionally, no noise would impact any residential uses because the surrounding uses are either industrial/office uses or open space; and d. The proposed project with 0.35 FAR would be consistent with the maximum allowed 0.38 FAR under SRMC 14.16.150.B.2 Industrial/Office. 3. The proposed gymnastics school does not provide the required number of parking spaces prescribed by Section 14.18.040 of the Zoning Ordinance. However, the Planning Commission finds that the modification to the parking requirement to continue to provide 11 parking spaces where 23 spaces would be required is fair and equitable, logical and consistent with the intent of this Chapter as prescribed in Section 14.18.040.B of the Zoning Ordinance. This finding is made based on recommendation by the City Traffic Engineer and a review by the Community Development Director given that the existing parking reduction has been in effect for the last two years with no issues or complaints. Further the addition of a 350 sq. ft. office is an ancillary use and would not therefore, intensify the existing use. 4. That the gymnastics school use 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, in that: a. The proposed use would be located within an existing building; b. The proposed use would not result in additional daytime and/or nighttime noise levels as the business would operate only indoors; c. The proposed project would not result in parking problems because i. Only a limited number (seven) of teachers and students (15) would be onsite at any given time, ii. The students generally being of non-driving age, would be dropped off and picked up, iii. Due to the classes being long (1.5 – 3.5 hours), parents would generally not stay to watch the children play, and EXHIBIT 2.3 iv. The required parking for the use shall be provided onsite; and d. The proposed project has been reviewed by appropriate City departments and no public safety concerns have been identified to the surrounding neighborhood. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Rafael does hereby approve the Use Permit (UP11-040) for a gymnastics school in a 5,849 sq. ft. portion of an existing 8,326 sq. ft. warehouse building and a reduction in the required number of parking spaces from 23 to 11 based on the findings above and subject to the following conditions of approval: CONDITIONS OF APPROVAL – USE PERMIT (UP11-040) General and ongoing Community Development Department, Planning Division 1. The operation of the proposed gymnastics school shall be the same as presented in materials submitted by the applicant on July 28, 2011 and stamped approved on September 27, 2011 (except those modified by these conditions of approval). Any modifications or revisions to the project shall be subject to review and approval of the Community Development Department, Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the original decision-making body, the Planning Commission, if necessary. 2. This Use Permit (UP11-040) shall be valid for one (1) year or until September 27, 2012 and shall become null and void if the gymnastics school use has not commenced operation and the required conditions of approval are not implemented and operational by the above date. Once the conditions of approval have been implemented, the Use Permit approval shall run with the land and shall continue to be valid (for the use as approved by this permit) whether or not there is a change of ownership of the site or structure to which it applies. Continued compliance with all conditions of approval shall be required for the duration of the use. 3. Failure to comply with any of the conditions of approval may result in the revocation of the Use Permit. The San Rafael Planning Division can bring up this Use Permit (UP11-040) before the Planning Commission for revocation if problems arise from the use. 4. The 350 sq. ft. mezzanine office is for the exclusive use by the Gym World. The office shall not be rented, leased or otherwise allowed to be used separately for any other business. 5. Within 30 days of approval of the project by the Planning Commission (or by October 27, 2011), the applicants shall apply for a building permit to resolve the Building/Fire code violations regarding the unauthorized construction of the mezzanine office. 6. The building permit application shall be pursued diligently, construction completed and final inspection for the building permit shall be completed with 90 days of the project approval by the Planning Commission (or by December 27, 2011). Failure to comply with this time line for completion of the project shall result in violations and/or fines. 7. No part of the landscape including any trees, already approved for the subject property shall be removed. 8. Hours of operation approved for the gymnastics use include 3:30 p.m. to 8:30 pm, Monday through Friday and 10:00 am to 5:30 pm, Saturday and Sunday. EXHIBIT 2.4 9. Within 30 days of the Planning Commission approval of this project (or by October 27, 2011), the applicant shall install signs at the entry to their site and in their parking lot informing their clients to parking on this site for the use. The design and language for this sign shall be reviewed and approved by the Planning Division prior to installation. 10. The installed signs at the entry to the site and in the parking lot informing clients to park only on this property shall be maintained as long as the Gym World business is located on the property. 11. The applicant shall be responsible for informing all new clients/users of a) appropriate location for on-site parking and the pick-up/drop-off zone; and b) prohibition of parking on adjacent private properties. Public Works Department 12. All work in the public right of way requires Public Works encroachment permit. Prior to building permit issuance Community Development Department, Building Division 13. The design and construction of all site alterations shall comply with 2010 California Building Code, 2010 California Fire Code, City of San Rafael Ordinances and Amendments. 14. A building permit is required for the proposed work. Applications shall be accompanied by three (3) complete sets of construction drawings (larger projects require 4 sets of construction drawings) to include: a. Architectural plans b. Structural plans c. Fire sprinkler plans (Deferred Submittal to the Fire Prevention Bureau) d. Structural Calculations 15. The proposed addition shall be designed to provide access to the physically disabled in accordance with the requirements of Title-24, California Code of Regulations. For existing buildings and facilities when alterations, structural repairs or additions are made, accessibility improvements for persons with disabilities may be required. The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the 27th day of September 2011. Moved by Commissioner ___________ and seconded by Commissioner __________ as follows: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: SAN RAFAEL PLANNING COMMISSION ATTEST: ______________________ BY: ______________________ Paul Jensen, Secretary Daniel Sonnet, Chair