HomeMy WebLinkAboutPlanning Commission 2011-07-12 #3 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 VOLLEYBALL SCHOOL
WITH THREE REGULATION SIZE VOLLEYBALL COURTS IN AN EXISTING 12,000 SQ. FT.
WAREHOUSE BUILDING. MODIFICATION ALLOWS A CHANGE IN THE HOURS OF
OPERATION FOR THE USE FROM OFF-PEAK HOURS TO 8:00 A.M. – 8:00 P.M., A MAXIMUM
OF THREE (3) TOURNAMENT EVENTS PER YEAR, THE USE TO OPERATE WITH 24 SPACES
WHERE 48 SPACES WOULD BE REQUIRED AND PARKING ON ADJACENT PROPERTIES
DURING THE TOURNAMENT EVENTS AT 2145-2147 EAST FRANCISCO BLVD (APN: 009-161-
56)
WHEREAS, on February 9, 2010, the San Rafael Planning Commission approved a Use Permit
(UP09-058) to allow a private volleyball club to operate within an existing warehouse building at 2145-
2147 East Francisco Blvd. during off peak hours, with a parking reduction; and
WHEREAS, on April 5, 2011, the applicant submitted an application for a Use Permit (UP11-
025) for amendment of approved Use Permit (UP09-058) for change in the hours of operation from off-
peak hours to 8:00 a.m. – 8:00 p.m., Monday thru Sunday; hold three (3) annual tournament events;
parking modification to operate with 24 parking spaces where 48 spaces would be required; and to allow
parking on adjacent properties (with the property owners’ written consent) during the three (3) annual
tournament events; and
WHEREAS, upon review of the submitted information, the Community Development
Department, Planning Division, deemed the project application as incomplete on May 2, 21011;
WHEREAS, upon review of resubmitted information, the Community Development Department,
Planning Division, deemed the project application complete on May 26, 2011 and scheduled it for a
Planning Commission hearing; and
WHEREAS, pursuant to Section 15301 of California Environmental Quality Act (CEQA),
operation of existing public or privates structures or facilities, is exempt from further review under
CEQA; and
WHEREAS, on July 12, 2011, the 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, the custodian of documents, which constitute the record of proceedings upon which
this decision is based, is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission makes the following
findings with respect to the Use Permit (UP11-025) for the proposed volleyball club, parking on adjacent
properties and reduction in the number of required parking spaces from 48 to 24:
FINDINGS (UP11-025)
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), LU-
23 (Land Use Map and Categories), NH-52 (New Business Development), EV-8 (Diversity of our
Economic Base), PR-4 (City Recreational Needs) and PR-27 (Recreational Programs for Changing
Community Needs) in that:
EXHIBIT 2-2
a. The existing volleyball club is located in an area that is developed with light industrial/office uses
and serves the residents of nearby residential areas;
b. The existing volleyball club is determined to be similar to business trade, performing arts and a
vocational school use which is a conditionally permitted use under the Light Industrial/Office
(LI/O) zoning district;
c. Because, the existing and proposed use does not involve any new development, the project would
not be reviewed for compliance with FAR or other development standards;
d. Keeping the existing volleyball club use located in an existing industrial building would maintain
an existing industrial building and keep it occupied, thus contributing to the City’s economy;
e. The existing volleyball club would continue to serve the convenience and necessity of the City’s
residents;
f. The existing volleyball club would continue to provide a desirable recreational service for use by
younger residents of the City; and
g. The existing use would continue to 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 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; and
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.
d. The proposed volleyball club 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 as conditioned 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 a review by the City Traffic Engineer and a review by
the Community Development Director.
3. 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, 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 (six) of teachers would be onsite at any given time,
ii. The students generally being of non-driving age, would be dropped off and picked up,
iii. The required parking for routine operation of the use shall be provided onsite,
iv. The required parking for tournaments (a maximum of three events per year) shall be provided
onsite and on adjacent properties; and
d. 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.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the
City of San Rafael does hereby approve the Use Permit (UP11-025) for a volleyball club in an 12,000 sq.
ft. existing warehouse building, a maximum of three (3) annual tournament events, parking on adjacent
properties with the property owners’ written agreement during the three tournament events and a
reduction in the required number of parking spaces from 48 to 24 based on the findings above and subject
to the following conditions of approval:
EXHIBIT 2-3
CONDITIONS OF APPROVAL (UP11-025)
Community Development Department, Planning Division
1. The operation of the proposed volleyball club shall be the same as presented in materials dated April
5, 2011 and May 11, 2011 and submitted by the applicant and stamped approved on July 12, 2011
(except those modified by these conditions of approval). Any modifications or revisions to the project
shall be subject to prior 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 (UP11-025) shall be valid for an initial period of one (1) year or until July 12, 2012
and shall become null and void if the volleyball club 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. The parking reduction approved with this Use Permit (UP11-025) is specifically for the volleyball
club use as described in this application. Any change in the approved use, manner of its operation,
hours of operation, number of students, etc. would need an amendment of the approved Use Permit to
review if parking reduction can still be granted.
4. All parking during normal (non-tournament) operation of the use shall be onsite. No off-site
(including on street) parking is allowed.
5. Hours of operation approved for the volleyball club use shall be 8:00 a.m. to 8:00 p.m., Monday
through Sunday.
6. A maximum of three (3) tournaments on weekends only, are allowed per year on the subject property.
All parking during tournaments shall be either onsite or on an adjacent property with the property
owner’s agreement, provided it does not interfere with the use of the adjoining property.
7. The applicant shall provide a copy of their planned/anticipated event schedule and current or revised
parking agreement annually, commencing August 15, 2011.
8. Within 30 days of this approval, or prior to commencement of event(s) and/or any change in event
schedule, the applicant shall submit the written off-site parking agreement to the Community
Development Department, Planning Division. The written agreement with adjoining property owner/s
shall document the days of proposed events, number of teams and anticipated parking demand and
confirm the businesses on the host property would not require parking on the event dates. Within two
(2) weeks of the agreement being voided for any reason, the applicant shall inform the Community
Development Department accordingly, in writing.
9. No part of the existing site landscaping including any trees, shall be removed. All onsite landscaping
and parking areas shall be maintained in good repair and condition.
10. 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 offsite properties.
EXHIBIT 2-4
11. 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 (UP11-025) before the
Planning Commission for revocation if problems arise from the use.
Community Development Department, Building Division
12. Within 30 days of this approval, the applicant shall apply to the Building Division to obtain building
permits to comply with the requirements as contained in conditions # 13-16 below.
13. Each building shall be provided with sanitary facilities per CPC Sec 412 and Table 4-1 (including
provisions for persons with disabilities). Separate facilities shall be required for each sex.
14. A Knox Box is required at the primary point of first response to the building.
15. Fire lanes must be designated; painted red with contrasting white lettering stating “No Parking Fire
Lane” A sign shall be posted in accordance with the CFC Section 503.3.
16. A fire alarm system is required where the occupant load exceeds 300. If a fire system is required in
this building, based on the occupant load, please note on the plans that fire alarm system plans shall
be submitted to the Fire Prevention Bureau for approval prior to installation of the system.
Any aggrieved party may appeal the Use Permit (UP11-025), or any conditions of approval therein, by
submitting a letter of appeal, setting forth the grounds for the appeal, with the appropriate fees within five
(5) working days of the date of approval, or by 5:00 p.m. on Wednesday, July 13, 2011. Unless an appeal
has been filed by 5:00 p.m. on Wednesday, July 13, 2011, this Use Permit (UP11-025) shall become valid
thereafter.
The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting
held on the 12th day of July 2011.
Moved by Commissioner ____________ and seconded by Commissioner _____________ as follows:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
SAN RAFAEL PLANNING COMMISSION
ATTEST: ______________________ BY: ______________________
Robert M. Brown, Secretary Maribeth Bushey-Lang, Chair