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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