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HomeMy WebLinkAboutZoning Administrator Hearing 2025-06-04 Agenda Packet- 1 - Community and Economic Development Department – Planning Division Meeting Date: June 4, 2025 Project Number(s): UP25-005 (PLAN25-024) Project Planner: Michaela O’Brien, Assistant Planner Agenda Item: 1 REPORT TO ZONING ADMINISTRATOR SUBJECT: 2960 Kerner Boulevard. Conditional Use Permit to allow specialized educational use within the existing building and parking modification. No construction or physical changes to the site are proposed.; APN: 009-131-03; Zoning District LI/O; UP25-005 (PLAN25-024) EXECUTIVE SUMMARY Pursuant to San Rafael Municipal Code (SRMC) Section 14.06.020, a Use Permit is required for specialized education and training. The applicant is also requesting a parking modification. Pursuant to SRMC Section 14.18.040, parking requirements for any specific use listed may be modified to ensure parking is adequate, fair, equitable, logical and consistent with Chapter 14.18 (Parking and Loading). Parking modifications require an application for a use permit and approval by the zoning administrator. PROJECT DESCRIPTION The project proposes to provide music education and academic support in an existing building located at 2960 Kerner Boulevard. The proposed use also includes the operation of an administrative office and music programming and activities. The administrative office would operate Monday through Friday from 9:00 am to 5:00 pm. Program activities include after-school lessons in classical music instruments, orchestral sectionals, music theory/musicianship classes, academic tutoring and private instruction. The proposed hours for programming activities are Monday through Friday from 4:00 pm to 8:00 pm and Saturdays and Sundays from 9:00 am to 1:00 pm. In addition to regular instruction, the applicant hosts small, monthly student recitals that take place indoors or outdoors on-site. These performances are limited to small groups of student musicians (up to 10 performers) and an invited audience up to 40 guests. All recital performances are acoustic (non-amplified) typically on weekday evenings between 5:00 PM to 9:00 PM or on weekends. Recitals are not open to the general public and occur no more than once per month. The use’s project description notes that its hours of operation include staggered arrival and departure times with a limited peak-period overlap. Due to the specialized parking needs, a parking modification was requested as part of this Conditional Use Permit. Per the San Rafael Municipal Code 14.18.040 this site would fall under the performing arts or other school facility, requiring it to have 29 total stalls. However, the current parking demand is proposed to be 19 stalls due to the - 2 - small number of staff, the use of carpools, and the limited frequency and size of recital events. A condition of approval has been added to ensure that the parking and drop-off components are managed in a manner to not cause detriment to surrounding uses. FINDINGS Findings for Use Permit (UP25-005) CEQA Finding Yes VALID The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) and none of the exceptions of Section 15300.2 apply. X YES Section 15301 (“Existing Facilities”) the proposed project proposes to utilize an existing building and the project does not entail any construction. Use Permit (SRMC §14.22.080) Yes No Finding A 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: X The site is designated as Light Industrial/Office (LI/O) in General Plan 2040. The project is consistent with all applicable General Plan policies LU-1, LU-2.3, LU-3.11. The project is also consistent with applicable regulations contained in the City of San Rafael Zoning Ordinance, including meeting SRMC 14.01.030 by strengthening and diversify the economic base of the city. Finding B 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: X The proposed use will not be detrimental to public health, safety, or welfare, nor will it be materially injurious to properties or improvements in the vicinity. The specialized education facility will operate within the existing building. The proposed use may potentially impact PM. peak hours; however, the project proposes to utilize San Rafael City School busses for transporting students to the facility after school, decreasing the amount of single vehicular traffic for student arrivals Monday through Friday from 4-8 PM. The parking lot has one entrance and one exit for one directional traffic flow. The proposed business has provided their drop-off and pick-up plan which demonstrates that the project will not affect vehicular traffic flow. No more than thirteen vehicles require parking at one time. Staff will enforce a no park drop-off and pick-up system which consists of a one way drive through of the on site parking facility. The parking modification is supportable as the applicant has demonstrated that the parking need can be accommodated on site. The Department of - 3 - Public Works has reviewed and deemed the site to produce less than 110 daily trips, which does not require a traffic study. Finding C That the proposed use complies with each of the applicable provisions of the zoning ordinance: X As conditioned, the proposed use will be compliant with the provision of the zoning ordinance. CONDITIONS OF APPROVAL Conditions of Approval for UP25-005 1. Approved Use. This Conditional Use Permit allows specialized education and training at 2960 Kerner Boulevard, SRMC Section 14.06.020. 2. Hours of Operation. Monday through Sunday from 8 AM to 9 PM for administrative office, specialized education for music and academic support, and limited non-amplified recital performances. 3. Sign Permit. A separate permit shall be required to install any exterior signage at the business. 4. Noise Limits. Applicant shall comply with noise limitations as required by SRMC Section 14.16.260 – Noise Standards. 5. Plans and Representations Become Conditions. Except as modified by these conditions of approval, all information and representations, whether oral or written, as presented for approval on plans, submitted 3/4/2025 and on file with the Community and Economic Development Department, Planning Division, shall be the same as required for the issuance of a building permit, except as modified by these conditions of approval. Minor modifications or revisions to the project shall be subject to review and approval by Planning staff. Modifications deemed not minor by the Community and Economic Development Director may require review and approval as an amendment to this Use Permit by Planning staff. 6. Subject to All Applicable Laws and Regulations. The approved use and/or construction is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies. Prior to construction, the applicant shall identify and secure all applicable permits from the Building Division, Public Works Department and other affected City divisions and departments. (SRMC §14.16.225. B.1). 7. Revocation. The City reserves the right to bring this application up for revocation per SRMC 14.21.150 and as provided in Chapter 14.29 of the San Rafael Zoning Ordinance for any use that is found to be in violation of any of these conditions of approval. 8. Permit Validity. This Permit shall become effective on June 12, 2025, and shall be valid for a period of two (2) years from the date of final approval or June 12, 2027, and shall become null and void if a building permit is not issued or a time extension granted by June 12, 2027. A permit for the construction of a building or structure is deemed exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced. A permit for the use of a building or a property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the property. - 4 - 9. If the Planning Division receives three verified complaints regarding pick-up, drop-off or parking related to this use, the Applicant and the Planning Manager shall meet and revise the approved traffic and parking plan to ensure that the land use issues identified in the complaints are resolved. If an agreement cannot be reached between the Planning Manager and the Applicant, the use will be brought to the Planning Commission at a public hearing for further discussion and possible further action. PUBLIC COMMENT Notice of hearing for the project was conducted in accordance with noticing requirements contained in Chapter 14.29 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 this hearing. No public comment has been received by the date of this staff report.