HomeMy WebLinkAboutPlanning Commission 2011-07-12 #3 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: July 12, 2011
Agenda Item:
Case Number:
UP11-025
Project Planner:
Sarjit Dhaliwal –(415) 485-3397
REPORT TO PLANNING COMMISSION
SUBJECT: 2145-2147 Francisco Blvd. E. – Request for a Use Permit modification for a previously
approved volleyball school with 3 regulation size volleyball courts in an existing 12,000
sq. ft. warehouse building. Modification would allow a change in the hours of operation
for the use, which had been established to support the initially granted
parking reduction, which allowed the use to operate with 24 spaces, where 48 would be
required; APN: 009-161-56 Light Industrial/Office (LI/O) District; Paul Descalso, owner;
Jochen Wentzel, applicant; Canal Neighborhood.
EXECUTIVE SUMMARY
The proposed project is a Use Permit modification for a previously approved volleyball school. The
current Use Permit (UP09-058) allows the volleyball school use to operate with a parking modification
with 24 parking spaces where 48 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 10:00 p.m. and weekends:
8:00 a.m. to 8:00 p.m.) of operation of the use. The requested amendment would change the hours of
operation from off-peak hours only to 8:00 a.m. – 8 p.m. Monday thru Sunday, allow a maximum of three
(3) tournaments per year with outside teams, allow a parking modification to reduce the number of
required parking spaces for the volleyball club from 48 required parking spaces to 24 parking spaces and
allow parking on adjacent properties (with prior agreement of the property owners) during the three
annual tournament events. The proposed use is considered to be similar to business trade, performing
arts and a vocational school use, which is allowed with a Use Permit, approved by Zoning Administrator.
The requested reduction in parking can be granted through the approval of a Use Permit approved by
the Planning Commission with the recommendation of the City Traffic Engineer.
The Use Permit can be approved by making findings of compatibility with the General Plan and
consistency with the Zoning Ordinance, specifically: a) the use not being detrimental to public health,
safety or welfare; and b) compliance of the proposed use with applicable provisions of the Zoning
Ordinance. For reduction in the number of required parking spaces, the applicants state they would be
able to park on an adjacent unimproved property. Justification for parking modification for normal
operation of the use is the same as at the time of the initial Use Permit approval: i.e., since all players are
school students who cannot legally drive passengers under 20 years of age; they would travel to the
facility using carpools. Parents who drive them would rarely stay to watch them practice. The applicants
do not expect to occupy more than 10 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 either onsite or on a host property. Staff finds the requested reduction in the
number of parking spaces is reasonable.
REPORT TO PLANNING COMMISSION - Case No: UP11-025 Page 2
RECOMMENDATION
It is recommended that the Planning Commission adopt a resolution approving the proposed Use Permit
amendment with a reduction in the number of parking spaces from the required 48 to 24 spaces and
parking provided for events off-site.
PROPERTY FACTS
Address/Location: 2145-2147 Francisco Blvd E. Parcel Number(s): 009-161-56
Property Size: 12,000 sq. ft. building;
18,950 sq. ft. (0.435 acre) lot
size
Neighborhood: Canal Neighborhood
Site Characteristics
General Plan Designation Zoning Designation Existing Land-Use
Project Site: Light Industry/Office (LI/O) LI/O Industrial building
North: LI/O LI/O Warehousing
South: N/A N/A Francisco Blvd E and I-
580
East: LI/O LI/O Warehousing/offices
West: LI/O LI/O Warehousing
Site Description/Setting:
The subject property at 2145 - 2147 Francisco Blvd E. is located in an area of light industrial uses and is
approximately 0.596 acre is size. The property contains an approximately 12,000 sq. ft. building, which is
built for light industrial/office use. The building currently contains a volleyball school club. Site
improvements include a total of 24 parking spaces (parking ratio of 1 space/500 sq. ft.) located along the
eastern side of the building and along the northern property line. Three loading/unloading spaces are
located in front of a loading dock located in the northwest corner of the building. Some landscaping is
located in front of the building along East Francisco Blvd and along the eastern property line.
BACKGROUND
The volleyball club is a private members only facility for competitive volleyball players. The club has
several practice locations in Marin, but those locations are controlled by other organizations which limits
their access to a particular location. The club would continue to retain those locations for practice.
On February 9, 2010, the Planning Commission approved a Use Permit (UP09-058) to allow 3 regulation
size volleyball courts for a volleyball club, in an existing 12,000 sq. ft. light industrial/office building. This
use was allowed to operate during the volleyball season from January thru June with a reduction in
required parking spaces of the volleyball use. From July thru December, the building was approved to be
used for warehousing by an exporter/importer of sporting goods and related items. The two uses were
not approved to operate concurrently. Warehousing being a permitted use, the Use Permit application
reviewed the volleyball club use only. The specifics of the approval are as follows:
• Hours of operation, Monday through Friday:
a) 4:00 p.m. – 6:00; 2 teams (24 players), with 4 adult coaches;
REPORT TO PLANNING COMMISSION - Case No: UP11-025 Page 3
b) 6:15 p.m. – 8:00 p.m., 3 teams (36 players) with 6 adult coaches; and
c) 8:15 p.m. – 10:00 p.m., 3 teams (36 players) with 6 adult coaches.
• Hours of operation, Saturdays and Sundays: 8:00 a.m. – 8:00 p.m.
• The facility would have a maximum of six onsite coaches at any one time.
• The participants would be junior high and high school aged children who would be driven by
parents in carpools, since teenagers cannot drive other teenagers under 20 yeas of age (until
they are at least 17 and have driven for a year).
• A parent would seldom stay at practices.
• Very few participants would be 18 years of age.
Operation of the use as allowed has not generated any parking complaints. However, the applicants
were in violation of the Use Permit conditions of approval in holding a private league event for the
Catholic Youth Organization (CYO) in November 2010. Another violation occurred from holding of at
least one tournament event with invitation of three outside teams in February 2011. The applicants
maintain that the CYO event was a one time event that would not be repeated.
PROJECT DESCRIPTION
The applicants have applied for an amendment to the previously approved Use Permit (UP09-058) as
detailed under the Background section above. The proposed amendment would change the operation as
follows:
• The volleyball club use would operate throughout the year with no other use located on the
property;
• Hours of operation, Monday through Sunday: 8:00 a.m. – 8:00 p.m.;
• Holding a maximum number of three (3) tournaments per year with outside teams on weekends.
The required parking would be located on adjoining properties (with their agreement) without
impacting their parking needs.
The proposed volleyball club use is conditionally allowable with a Use Permit approved by Zoning
Administrator. Further, SRMC Section 14.18.040(B) allows a reduction in the number of required parking
spaces by use permit, upon a favorable review and recommendation by the Traffic Engineer and the
Community Development Director with approval by the Planning Commission.
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 volleyball club would be located in an area and in a building that is
suitable for the proposed use and would operate so that it would not conflict with other surrounding office
and light industrial uses.
Another area of the Land Use Element is Policy LU-23 (Land Use Map and Categories) LU-23 directs
that land use categories are generalized groupings of land uses and titles that define a predominant
lands use type… Some listed uses are conditional uses in the zoning ordinance and may be allowed only
REPORT TO PLANNING COMMISSION - Case No: UP11-025 Page 4
in limited areas or under limited circumstances. The proposed use of the site for a volleyball club is a
conditionally permitted use under the LI/O zoning district and is therefore, consistent with Policy LU-23.
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. Encourage opportunities for local residents to own and operate businesses. Locating the
proposed volleyball club in an industrial building would maintain an industrial building thus contributing to
the City’s economy by keeping the building occupied. 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
businesses. The proposed project is consistent with Policy EV-8 because the proposed business would
provide a desirable recreational service for use by mainly younger residents of the City.
Parks and Recreation Element:
The key policy of the Parks and Recreation Element is PR-4 (City Recreational Needs) PR-4 directs to
provide opportunities for recreational activities for boys and girls, teens, and adults through the creation
of additional facilities such as fields for active sports ……The proposed volleyball club is consistent with
PR-4 in that it would create a facility for active sports for teens.
Another Parks and Recreation Element is Policy PR-27 (Recreational Programs for Changing Community
Needs) Policy PR-27 encourages to continually adapt recreational programs to meet changing
community needs and interests. The proposed volleyball club use is consistent with PR-27 in that it
addresses a recreational need of teens.
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:
Chapter 6 - Industrial Districts:
The proposed use of the site for a volleyball club is similar to business trade, performing arts and a
vocational school use which is conditionally permitted use under the LI/O zoning district and the applicant
has applied for a Use Permit amendment, which outlines the details of operation of the volleyball club.
Chapter 18 - Parking:
The subject 12,000 sq. ft. warehouse building is built for light industrial/office use with a total of 24
parking spaces (parking ratio of 1 space/500 sq. ft.). Based on the Zoning Ordinance, the volleyball club
use would typically require 48 parking spaces (1 space per 250 sq. ft.).
When the initial Use Permit (UP09-058) was approved in February 2010, the basis for approval of the
requested parking modification was that the business would operate during off-peak weekend hours;
would have a maximum of six (6) coaches onsite at any given time; classes would be 2-4 hours in length;
the students (mostly of non-driving age) would be generally picked up and dropped off; and only
occasionally some parents would stay to watch their children play. Therefore, the applicants expected no
more than 10 cars parked onsite at any time during the practice time. This amount of parking appears to
have been sufficient for the current level of use.
REPORT TO PLANNING COMMISSION - Case No: UP11-025 Page 5
The revised request would potentially increase the parking demand based on the following intensification
in hours and activities:
• Operation of the volleyball club year round, with no other use located on the property;
• Hours of operation, Monday through Sunday: 8:00 a.m. – 8:00 p.m.;
• Holding a maximum of three tournaments per year, on weekends. Parking for tournaments would
be located on adjoining properties, without impacting their parking needs.
Use of the volleyball club throughout the year does not present any new issues except the operation
during normal hours as compared to the off-peak hours. The Public Works Department has reviewed the
project, and has no objection with the change of hours from off-peak hours only to normal hours.
The primary issue with the current request is provision of parking during tournaments. The applicant
proposes to provide parking during tournaments on adjoining properties, with their consent, in such a
manner that it would not impact their own parking requirements. For the February 2011 tournament
event, the applicants provided parking on an adjacent property located to the north and east of the
subject property. That property does not have an address, is undeveloped and owned by Joe Shekou.
Typically, such an arrangement for remote parking needs to be documented with a deed restriction on
both properties. However, due to the limited number of tournament events, a maximum of three times per
year, a deed restriction is not considered to be necessary. Instead, staff recommends that the applicants
submit a written agreement with adjoining property owner/s documenting the days of proposed events,
number of teams and anticipated parking demand and confirming the businesses on the host property
would not require parking on the event dates. The applicant should be required to inform the Community
Development Department in the event the agreement is voided for any reason. Further, the applicants
shall notify the Community Development Department in writing at least three weeks in advance of a
tournament event, and commit to the parking arrangement as allowed.
Although violations of the current Use Permit conditions of approval have occurred, i.e., holding a
Catholic Youth Organization (CYO) event in November 2010, and a tournament event in February 2011,
staff recommends that the applicants should be able to comply with the recommended conditions of
approval to allow the requested change in use.
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 Planning Commission. The City Traffic Engineer has accepted the
applicant’s justification for parking reduction, provided that the requirements discussed above are
included as conditions of approval.
Chapter 22 - Use Permit:
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 volleyball club which is similar to business trade, performing
arts and a vocational school 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 that does
not involve any new building/rebuilding, development standards do not apply to the proposed project.
REPORT TO PLANNING COMMISSION - Case No: UP11-025 Page 6
• 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.
The proposed volleyball club 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 only indoors; 3) the
proposed project would not result in parking problems because a) only a limited number (six) of
teachers would be onsite at any given time, b) the students generally being of non-driving age, would
be dropped off and picked up, c) the required parking for routine operation of the use shall be
provided onsite, d) the required parking for tournaments (a maximum of three events per year) shall
be provided onsite and on adjacent properties; and 4) the proposed project has been reviewed by
appropriate City departments and no public safety concerns have been identified to the surrounding
neighborhood. Staff finds the requested reduction in the number of parking spaces is reasonable.
• That the proposed use complies with each of the applicable provisions of the Zoning Ordinance.
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 volleyball club would be personal vehicles coming
to and leaving the facility generally between 8:00 a.m. and 8:00 p.m. Considering the property
location being in a mixed office/industrial use area and close to the I-580, that would not result in the
generation of significant noise. Any resultant noise would not impact any residential uses because
the surrounding uses are industrial/office uses. Lastly, parking requirements would be satisfied
through grant of a parking modification for the private club, as proposed, with event parking off-site.
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.
NEIGHBORHOOD MEETING / CORRESPONDENCE
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. Since the project does not involve any physical
improvements, a public notice was not posted on the subject site.
The project was referred to agencies and other City Departments, including the Canal Community
Alliance. Comments were received from Public Works Department, Building Division, San Rafael
Sanitation District and Marin Municipal Water District. Comments from Public Works Department address
parking issue and comments from Building Division address building code issues in case a building
permit is needed. Staff received two email messages from a neighboring property owner (Exhibit 3). The
neighbor raises concerns with potential parking problems if the volleyball club members start parking on
her property, and regarding excessive speeding in the area.
OPTIONS
The Planning Commission has the following options:
1. Approve the application as presented (staff recommendation).
REPORT TO PLANNING COMMISSION - Case No: UP11-025 Page 7
2. Approve the application with certain modifications, changes or additional conditions of approval.
3. Continue the application to allow the applicant to address any of the Commission’s comments or
concerns.
4. Deny the project
EXHIBITS
1. Vicinity/Location Map
2. Draft Resolution of Approval
3. Project Description Submitted by the Applicant
4. Email Messages Received from a Neighbor.
Reduced (11”x17” Reductions) Project Plans Distributed to PC Members Only