HomeMy WebLinkAboutPlanning Commission 2013-02-26 #2 (2)CITY OF
Meeting Date: February 26, 2013
Agenda Item: Z_
Community Development Department— Planning Division Case Numbers: AP12-007
P. O. Box 151560, San Rafael, CA 94915-1560
PHONE: (415) 485-3085/FAX: (415) 485-3184 Project Planner: Caron Parker (415) 485-3094
REPORT TO PLANNING COMMISSION
SUBJECT: 23 Baypoint Drive: Appeal of the Zoning Administrator approval (November 14, 2012)
of Use Permit (UP12-022) allowing the operation of a licensed large family day care (9-
14 children maximum) in a two-story single family townhome; APN: 009-362-20;
Planned Development (PD1562) Zoning District; Heather Ludloff, owner; Leticia Arvizu,
applicant; Victoria Pollick, appellant; File No.: AP12-007. (Continued from February
12, 2013)
EXECUTIVE SUMMARY
On February 12, 2013, the Planning Commission conducted a public hearing on an appeal of the Zoning
Administrator's approval of a Use Permit (UP12-022) for a large family day care at 23 Baypoint Drive.
After accepting the staff report, testimony from both the appellant and applicant, and public comment, the
Commission deliberated the matter. The majority of the Commission found that the appeal did have merit
and was inclined to grant the appeal. However, since the Draft Resolution before them was for denial of
the appeal, the Commission could not take formal action that evening. Therefore, Commissioner
Lubamersky moved and Commissioner Wise seconded to direct staff to prepare a revised Resolution for
denial and return to the next scheduled meeting. This motion was approved 5-0-1 (with Commissioner
Schaeffer abstaining due to potential conflict of interest).
Therefore, staff has prepared a revised Resolution to reflect the Commission's deliberation and
discussion (Exhibit 1). There are no minutes from the meeting, but actual video from the meeting can be
found at www.citvofsanrafael.org/meetings. Click on the video link for the February 12, 2013 Planning
Commission meeting to view.
Based on the Commission's deliberation, the main points discussed by the Commissioners are
summarized below:
1. Physical layout of the house on a cul-de-sac was not the ideal location for a in-home daycare with
14 children
2. The common wall construction design would adversely subject the adjacent resident at 27
Baypoint to more noise and vibrations, and outdoor noise could adversely impact 19 Baypoint
Drive.
3. Drop-off and pick-up would be problematic in the small cul-de-sac environment.
4. Restricting outdoor time to just 1 hour in the morning and 1 hour in the afternoon seemed like too
little time for children to be outside.
5. Zoning Ordinance Performance Standards were not enough to approve the project. The
Commission determined that there was some discretion required to make sure a use permit could
be approved in this particular location and not have impacts on surrounding properties.
The revised draft Resolution is attached, with revised Findings based on the main points in support of the
appeal discussed by the Commissioners. Should there be any additional points that staff missed in the
findings, the Commission can direct staff to further revise the Resolution.
REPORT TO PLANNING COMMISSION - Case No.: AP12-007
Page 2
Staff does note that since the formal action granting the appeal and overturning the Zoning
Administrator's approval will be at this meeting; the appeal period during which anyone may appeal the
Commission's decision to the City Council will start on this date (Tuesday, February 26, 2013). There is a
5 business day appeal period for a zoning action and any appeal would have to be filed by Tuesday,
March 5, 2013 at 5:00 pm. Any appeal of this decision would be filed with the City Clerk's office, by
paying the required appeal fee or deposit and submitting a letter stating the names of appellant(s) and
the specific grounds for the appeal of the Planning Commission decision.
RESOLUTION NO.
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION GRANTING AN
APPEAL (AP12-007) AND OVERTURNING THE ZONING ADMINISTRATOR'S
CONDITIONAL APPROVAL OF A USE PERMTI (UP12-022)TO ALLOW THE
OPERATION OF A LICENSED LARGE FAMILY DAY CARE (9-14 CHILDREN
MAXIMUM) IN A TWO-STORY SINGLE FAMILY TOWNHOME LOCATED AT 23
BAYPOINT DRIVE
APN: 009-362-20
WHEREAS, on July 9, 2012, Maria Ramirez, operator of Ramirez Day Care, and her daughter,
Leticia Arvizu (acting as the project applicant) submitted a Use Permit application (UPI2-022)to operate
a licensed large family day care for 9-14 children in the two-story single family townhome at 23 Baypoint
Drive; and
WHEREAS, the proposed large family day care home was proposed to operate between the
hours of 6:00 am to 6:00 pm, Monday through Friday; and
WHEREAS, the proposed Use Permit application was reviewed by the Land Development,
Traffic Engineering, Fire Prevention and Building Divisions of the City of San Rafael and was
recommended for approval subject to conditions; and
WHEREAS, upon review of the application, the project was determined to be exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15301 (Existing Facilities); and
WHEREAS, the application was deemed complete for processing on August 9, 2012; and
WHEREAS, on October 28, 2012, the Zoning Administrator (ZA) held a duly noticed public
hearing on the proposed Use Permit, accepting all oral and written public testimony. Six members of the
public were present at the hearing, raising a number of concerns and issues about the proposed day care
use; and
WHEREAS, following the closure of the public hearing, the ZA continued the matter to
November 14, 2012 to allow neighbors an opportunity to visit the daycare and talk with the applicant;
and
WHEREAS, on November 14, 2012, the Zoning Administrator conducted the continued public
hearing, accepting all oral and written public testimony. At the end of the hearing, the ZA conditionally
approved the Use Permit (UP 12-022) allowing the operation of a licensed large family day care for 9-14
children in the two-story single family townhome at 23 Baypoint Drive, finding that the proposed project
was consistent with all Performance Standards pursuant to Zoning Ordinance Section 14.17.040
(Performance Standards, Family Day Care Home, Large); and
WHEREAS, notice of this decision, including transmittal of the meeting minutes and findings
and conditions of approval were mailed and/or e-mailed to the applicant, the property owner, and all
residents in attendance at the Zoning Administrator hearing; and
EYl-ilN'l `I
Filo No, AP 11? -0 } t
WHEREAS, on November 21, 2012, Victoria Pollick (adjacent resident at 27 Baypoint Drive),
filed a timely appeal (AP12-007) of the Zoning Administrator's conditional approval of Use Permit
UPI 2-022, pursuant to Chapter 28 (Appeals) of the City's Zoning Ordinance, citing: 1) noise issues were
not fully addressed; 2) noise and vibration are a problem because 23 Baypoint Drive and 27 Baypoint
Drive share a common wall; 3) questions the applicant's ability to adhere to use permit conditions of
approval because the current childcare is already operating with 9 children, which exceeds the limit
allowed without an approved use permit; and 4) whether the operation has approval of the City of San
Rafael Fire Department; and;
WHEREAS, the project was scheduled and placed on the agenda for the January 29, 2013
Planning Commission and at the time of the hearing, there were only 4 Commissioners in attendance
(Commissioners Lubamersky, Paul, Schaefer and Robertson); and
WHEREAS, Commissioner Schaefer recused himself from this item due to potential conflict of
interest, leaving 3 Commissioners. This did not constitute a quorum and therefore the item could not be
heard and the Commissioners automatically continued the item to the next available hearing date
(February 12, 2013); and
WHEREAS, on February 12, 2013, the San Rafael Planning Commission held a duly -noticed
public hearing to consider the Appeal (AP12-007), accepted and considered all oral and written public
testimony and the written report of Community Development Department staff and closed said hearing
on that date; and
WHEREAS, The Planning Commission finds and determines that the points of the appeal could
be supported for the following reasons:
Appeal Point #1: We believe the noise issue has not been fully addressed.
Appeal Point #2: I live in the attached residence at 27 Baypoint Drive and my letter to the owner
of the unit, copy attached, is proof that the noise and vibration is a problem.
Appeal Point #3: We also question the ability of the Seekers of the permit as to whether they will
follow the rules set forth for their operations (i.e., they admit at the November 14"` hearing to
functioning as a 9 child day care center prior to issue of the permit.
Appeal Point #4: I also enclose a communication between one of my neighbors and the fire
department that would seem to leave open the condition of approval by the San Rafael Fire
Department.
The Commission determined that due to the shared common wall design of the home at 23 Baypoint
Drive and 27 Baypoint Drive, there would be increased noise impacts to the adjacent property at 27
Baypoint Drive. In addition, the close proximity of the homes in a cul-de-sac arrangement with small
yards would subject neighbors to increased noise levels on a daily basis. The Commission
determined that noise impacts from the introduction of 14 children to the site would be an undue
burden on the adjacent neighbors and that a large family day care was an incompatible use at this
particular residential location given the following: 1) shared wall townhome design; 2) cul-de-sac
parking orientation; and 3) close proximity of recreational space in the private yard areas. The
Commission noted that the residence at 23 Baypoint Drive was a more compatible site for a small
family day care (0-8 children) and can continue to operate as such, as no Use Permit is required for
small family day care and the applicant has a State license and a valid Fire Permit.
LMIN (* 1
1�ile, No AP 12-007
WHEREAS, on February 12, 2013, the majority of the Commission found that the appeal did
have merit and the Commission was inclined to grant the appeal, overturning the Zoning Administrator's
approval. However, given that the Draft Resolution before the Commission did not reflect their intention,
the Commission could not take formal action that evening; and
WHEREAS, on February 12, 2013, Commissioner Lubamersky moved and Commission Wise
seconded to direct staff to prepare a revised Resolution for denial and return to the next scheduled
meeting. This motion was approved 5-0-1 (with Commissioner Schaeffer abstaining due to potential
conflict of interest); and
WHEREAS, on February 26, 2013, the Planning Commission considered the revised Resolution
with the findings for granting of the appeal and overturning the approval of the Use Permit; and
WHEREAS, the custodian of documents which constitute the record of proceedings upon which
this decision is based is the Community Development Department; and
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission hereby grants the
Appeal (12-007) and overturns the November 14, 2012 Zoning Administrator decision, conditionally
approving a Use Permit (UP12-022) to allow the operation of a licensed large family day care for 9-14
children at 23 Baypoint Drive. The Planning Commission hereby grants the appeal of the Use Permit
based on the following Findings:
Use Permit Findings
(UP12-022)
The proposed large family day care project is in accord with several San Rafael General Plan
Policies LU -14 (Land Use Compatibility), LU -19 (Childcare), LU -23 (Land Use Map and
Categories), and NH -66 (Childcare). However, the proposed project is not in accord with San
Rafael General Plan 2020 Policy NH -49 (Conflicting Uses). The Commission determined that
the proposed day care use with up to 14 children was incompatible with the physical location of
the house on a cul-de-sac, and small size of the cul-de-sac because: 1) the common wall
construction would allow more noise impacts to the adjacent property; 2) the cul-de-sac was too
small to accommodate the increase traffic for drop-off and pick-up activities of 14 children
attending the large family day care; and 3) noise from outdoor daycare activities would have an
adverse impact on outdoor recreational space for adjacent properties, which are in close
proximity to each other.
The proposed large family day care project is generally consistent with the Zoning Ordinance
Performance Standards for Large Family Day Care (Section 14.17.040), however, the impact of
having 14 children at the project site would not be consistent with Section 14.17.040.C.2
(Outdoor Play Area), 14.17.040.C.3 (Outdoor Activity) and 14.17.040.C.5 (Passenger Loading)
in that: a) though no permanent play equipment is proposed in the required side yard, the side
yard of the property will be used as a play area and the noise from the activity would have a daily
adverse impact the adjacent neighbor at 19 Baypoint Drive; b) while the proposed outdoor
playtime will be limited, the noise from the activity impacts the adjacent residents on a daily
basis and the number of children proposed (14) is not typical of the type of noise expected on a
small cul-de-sac with attached townhomes; and c) the passenger loading and unloading of
potentially 14 children near the small cul-de-sac presents a safety concern for children because of
limited visibility for vehicle back-up space in the driveway.
3. The proposed large family day care for 9-14 children would be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the vicinity of 23
Baypoint Drive, or to the general welfare of the City of San Rafael in that: 1) The common wall
construction design between 23 Baypoint Drive and 27 Baypoint Drive would cause increase
daily noise and vibrations to the residents at 27 Baypoint Drive and create an undue daily
hardship on the residents; b) the daily childcare drop-off (starting at 6:30 am) and pick-up would
increase activity levels in the small cul-de-sac beyond what could be typically expected in a
small single family townhome environment in this particular cul-de-sac configuration; c) the
increase in traffic and lack -of parking on Baypoint Drive would create a potential safety concern
for both children attending the daycare and cul-de-sac residents backing out of their driveways.
As such, the Planning Commission determined that the proposed location at 23 Baypoint Drive
was ill-suited to accommodate large family day care for 9-14 children and would be better suited
for small family day care (0-8 children).
BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Rafael grants
the appeal of Use Permit (UPI 2-022), thus denying the Zoning Administrator's prior approval.
The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting
held on the 26`h day of February, 2013.
Moved by Commissioner
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Paul A. Jensen, Secretary
and seconded by
SAN RAFAEL PLANNING COMMISSION
Larry Paul, Chair
EXFflL3'T .1
F iii, No, AP 12-00-7