HomeMy WebLinkAboutPlanning Commission 2011-08-09 #2CITY OF
iy Meeting Date: August 9, 2011
CA Agenda Item: 2
Community Development Department— Planning Division Case Number: UP 11-025
P. O. Box 151560, San Rafael, CA 94915-1560
PHONE: (415) 485-3085/FAX: (415) 485-3184 Project Planner: Sarjit Dhaliwal —(415) 485-3397
REPORT TO PLANNING COMMISSION
SUBJECT: 2145-2147 Francisco Blvd. E. - Request for a Use Permit modification for an
approved and operating 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/0) District; Paul
Descalso, owner; Jochen Wentzel, applicant; Canal Neighborhood. Continued from
Julv 12. 2011.
EXECUTIVE SUMMARY
The project proposes a modification to a Use Permit (UP09-058) that was approved for a volleyball
school in February 2010. The current Use Permit 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 that the school proposed to operate during 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.). The requested amendment
would increase the hours of operation from the current off-peak hours to the hours of 8:00 a.m. - 8 p.m.
Monday thru Sunday, with the continued parking reduction (from the required 48 parking spaces to
proposed 24 parking spaces. Under the current City code provisions, this Use Permit, along with the
parking reduction would be processed for action by the City Zoning Administrator. However, since the
original Use Permit for parking modification was approved by the Planning Commission, the current
parking modification request would also need to be approved by the Planning Commission.
Staff finds that the modification to the Use Permit would be consistent with the pertinent policies of the
San Rafael General Plan 2020, and would conform to the provisions of the City Zoning Ordinance. The
proposed increase in hours of school operation has been reviewed by the City Traffic Engineer and it has
been concluded that this change would not impact traffic or increase parking demand. As is the case
with the currently approved and operating volleyball school use, the players (students) are an age that
does not legally permit them to drive passengers under 20 years of age. Further, for the most part,
students arrive and depart via carpools and parents rarely stay to watch student practice.
RECOMMENDATION
It is recommended that the Planning Commission adopt a resolution approving the proposed Use Permit
amendment with the approval of the continued parking reduction.
PROPERTY FACTS
REPORT TO PLANNING COMMISSION - Case No: UPI 1-025 Page 2
Address/Location: 2145-2147 Francisco Blvd E. I Parcel Number(s): 009-161-56
Property Size:
12,000 sq. ft. building;
Neighborhood:
Canal Neighborhood
18,950 sq. ft. (0.435 acre) lot
General Plan Designation
size
I Existing Land -Use
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;
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.
Site Characteristics
General Plan Designation
Zoning Designation
I 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 1-
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;
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.
REPORT TO PLANNING COMMISSION - Case No: UP11-025 Page 3
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 by holding a private league event for the
Catholic Youth Organization (CYO) in November 2010. The applicants maintain that the CYO event was
a one time event that would not be repeated.
Another violation occurred from holding of at least one tournament event with invitation of three outside
teams in February 2011. For that tournament event, the applicants provided parking (with the property
owner's consent) on an adjacent property located to the north and east of the subject property. That
property (APN: 009-161-50) does not have an address, is undeveloped and owned by Joe Shekou. For
the current Use Permit modification application, the applicants had originally included a request for
holding a maximum of three tournaments per year, on weekends. Parking for tournaments was proposed
to be located on the adjoining property, without impacting their own parking needs. Staff was given to
understand that the adjoining property owner would be agreeable to this arrangement. For the Planning
Commission staff report of July 12, 2011, a condition of approval was recommended for the applicants to
provide a written agreement with the adjoining property owner regarding the parking arrangement.
However, the adjoining property owner would not agree to this parking arrangement. Therefore, the
applicants have withdrawn the tournament -events component from their request for the Use Permit
modification (Exhibit 4). Further, the applicants state that they would operate only within the approved
Use Permit.
The current Planning Commission staff report and Resolution reflect the updated request.
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.;
The proposed volleyball club use is conditionally allowable with a Use Permit approved by Zoning
Administrator. Further, SRMC Section 14.18.040.13 allows a reduction in the number of required parking
spaces through a Use Permit approved by the Zoning Administrator upon a favorable review and
recommendation by the Traffic Engineer and the Community Development Director. However, since the
original parking modification for this project was approved by the Planning Commission, the current
parking modification request would also need to be approved 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
REPORT TO PLANNING COMMISSION - Case No: UPI 1-025 Page 4
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
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.
Parks and Recreation Element Policy PR -27 (Recreational Programs for Changing Community Needs)
Policy PR -27 encourages support of recreational programs to meet changing community needs and
interests. The proposed volleyball club use is consistent with PR -27 in that it fills a recreational need for
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;
REPORT TO PLANNING COMMISSION - Case No: UP11-025 Page 5
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.
The revised request would result in intensification as follows:
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.
This intensification would not result in parking demand higher than the current demand. The requested
intensification could potentially result in an increase of existing traffic levels. 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.
Although violations of the current Use Permit conditions of approval have occurred (e.g., holding a
Catholic Youth Organization [CYO] event in November 2010, and a tournament event in February 2011),
the applicants have committed (Exhibit 4) to comply with the recommended conditions of approval to
allow the requested change in use. The applicants have been informed and are aware that continued
violations of the permit conditions and limits could result in the revocation of the Use Permit.
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 Zoning Administrator. However, since the original parking
modification for this project was approved by the Planning Commission, the current parking modification
request would also need to be approved by the Planning Commission. The City Traffic Engineer has
accepted the applicant's justification for parking reduction, provided all parking shall be onsite.
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.
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
REPORT TO PLANNING COMMISSION - Case No: UP11-025
Page 6
be dropped off and picked up, c) the required parking for the use shall be provided onsite, 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.
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 1-580, 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.
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, local agencies/utilities and 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. With the proposed withdrawal of the tournament -events component from the
Use Permit request, a mere change in the hours of the use would not result in increased parking demand
over current levels. Staff received two email messages from one neighboring property owner (Exhibit 5).
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. Staff also received another email
message from another adjoining property owner stating that they would not allow the volleyball club to
park on their property.
OPTIONS
The Planning Commission has the following options:
Approve the application as presented (staff recommendation).
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
REPORT TO PLANNING COMMISSION - Case No: UPI 1-025
EXHIBITS
1. Vicinity/Location Map
2. Draft Resolution of Approval
3. Project Description Submitted by the Applicant
4. Applicant's Letter dated July 19, 2011
5. Email Messages Received from Neighbors.
Reduced (11"x17" Reductions) Project Plans Distributed to PC Members Only
Page 7
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Wednesday, July 06, 2011 12:05 PM
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., THE USE TO
OPERATE WITH 24 SPACES WHERE 48 SPACES WOULD BE REQUIRED
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 to amend the approved Use
Permit (UPi 1-025) requesting to: a) expand the hours of operation from off-peak hours to 8:00 a.m. —
8:00 p.m., Monday thru Sunday; b) continue school operation with the parking reduction (operating with
24 parking spaces in -lieu of the required 48 spaces); c) host volleyball tournaments and events; and
WHEREAS, upon review of the submitted information, the Community Development
Department, Planning Division, deemed the project application as incomplete on May 2, 2011;
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, on July 12, 2011, the duly -noticed Planning Commission public hearing could not
be held due to lack of quorum. Further, the applicant requested a continuance to resolve parking issues
that had been raised by the adjacent property owner. The item was automatically continued to the next
regular Planning Commission meeting (August 9, 2011); and
WHEREAS, subsequent to July 12, 2011, the applicant withdrew the request to host volleyball
tournaments and events, limiting the application to the proposed, extended hours of operation; 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 August 9, 2011, the Planning Commission held a 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 (UPI 1-025) amendment for the approved volleyball club and
parking reduction:
EXHIBIT 2-1
FINDINGS (UP11-025)
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
Connnunity Needs) in that:
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
(1-1/0) zoning district;
c. 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;
d. The existing volleyball club would continue to serve the convenience and necessity of the City's
residents;
e. The existing volleyball club would continue to provide a desirable recreational service for use by
Younger residents of the City; and
f. The existing use would continue to operate so that it would not conflict with other surrounding
office and light industrial uses.
The volleyball club use with the expanded hours of operation would be consistent with the purposes
of the Zoning Ordinance in that:
a. The 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;
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; and
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 14.18.040.13 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 volleyball school use with the expanded hours of operation, 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 the use shall be provided onsite; and
d. The proposed project has been reviewed by appropriate City departments and no public safety
concerns have been identified to the surrounding neighborhood.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the
City of San Rafael does hereby approve the Use Permit (UP] 1-025) for a volleyball club in an 12,000 sq.
EXHIBIT 2-2
ft. existing warehouse building 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:
CONDITIONS OF APPROVAL (UPI1-025)
Community Development Department, Planning Division
The expanded operation of the volleyball club shall be the same as presented in project plans and
application materials dated April 5, 2011, May 11, 2011, July 21, 2011 (submitted by the applicant)
and stamped approved on August 9, 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 that are not deemed to be
minor by the Community Development Director shall require review and approval by the Planning
Commission, if necessary.
This Use Permit (UP]1-025)amendment shall be valid for an initial period of one (1) year or
until August 9, 2012 and shall become null and void if the volleyball club use has commenced with
the expanded hours of operation, and if the required conditions of approval are not implemented or
completed 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 (UPI1-025)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.
All parking for the use shall be provided on-site. No off-site (including on street) parking shall be
used for this use. The applicant shall be responsible for informing all new clients/users of the on -
street and off-site parking prohibition.
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. 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.
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 (UPI1-025)before the
Planning Commission for revocation if problems arise from the use.
Community Development Department, Building Division
9. The expanded operation of the volleyball club triggers additional requirements for building
improvements, which are subject to the approval of a building permit. Within 30 days of the issuance
of this Use Permit, the applicant shall file a building permit application, which is to address the
following Building Division requirements:
a. Installation of five (5) additional water closets in the Women's restroom.
b. Installation of two (2) additional drinking fountains.
c. Installation of emergency lighting.
EXHIBIT 2-3
The building permit application shall be accompanied by three (3) complete sets of construction
drawings to include architectural plans.
10. The parking lot was recently re -surfaced and re -striped without the approval of a building permit.
Within 30 days of the issuance of this Use Permit, the applicant shall file a building permit
application to approve the parking lot improvements.
11. Within 30 days of issuance of this building permit, the following shall be completed or addressed to
the satisfaction of the Building Division:
a. It must be verified that there is adequate ventilation in gym per the CMC. Based on a site
inspection conducted by the Building Division there does not appear to be mechanical ventilation
in the gym and the ventilation in the restrooms do not appear to be operable.
b. The lever door hardware on the exit door fronting Francisco Boulevard East must be converted to
Panic Hardware per CBC 1008.1.10.
c. The main exit door (facing the parking lot) may remain as a key operated locking device
provided: 1) the lock is readily distinguishable as locked; and 2) a sign is placed above the door
stating: "THIS DOOR TO RAMAIN UNLOCKED WHEN BUILDING IS OCCUPIED."
d. The exit sign at the door to the loading dock must be removed.
e. An additional exit sign shall be installed at east corner of bathroom directing toward parking exit
door,
12. The designated fire lanes on the site must be observed. The appropriate designation of the fire lanes
must be maintained, which are to include: a) maintaining the white, pavement lettering stating "No
Parking Fire Lane," and a fire lane sign posted in accordance with the CFC Section 503.3.
Any aggrieved party may appeal the Use Permit (UP] 1-025) 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 Tuesday, August 15, 2011. Unless an appeal
has been filed by 5:00 p.m. on Tuesday, August 15, 2011, this Use Permit (UP]1-025)shall become valid
thereafter.
The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting
held on the 9`' day of August 2011.
Moved by Commissioner _
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
and seconded by Commissioner
as follows:
SAN RAFAEL PLANNING COMMISSION
ATTEST: BY:
Paul A. Jensen, Secretary
EXHIBIT 2-4
Daniel Sonnet, Chair
Detailed Description of the Project, 2145 Francisco Blvd. East, San Rafael
APN 009-161-56
Submitted March 31, 2011
This application is for the building located at 2145-2147 Francisco Blvd, E, San Rafael. It is
approximately 12,000 SF in size. It has 24 car parking, plus room for an additional 3 cars in front of the
loading dock. 10,700 SF can be used for volleyball.
The previous approvals called for having two uses occupy the building, but not concurrently: PW
Marketing Inc., an importer/exporter of sporting goods and related items (warehousing, which is a
permitted use in the LI/O zoning), and the Absolute Volleyball Club (AVC), a local organization
specializing in the training of local junior high and high school volleyball players, primarily girls. The Club
has been a seasonal use, from January through June. The Planning commission allowed this occupancy
in 2010.
The first season was success and they are now into the second season.
This new application requests the use to be exclusively for the volleyball club for the entire year.
The Club will have no more than six coaches and 36 players during the week at anyone time.
We are also asking that the hours of operation be adjusted to so they can use the entire facility anytime
during the day. The Club would like to be allowed to use the premises from 8 AM to 8 PM., any day of the
week.
Included with this application are pictures taken Monday March 21, 2011 at 6PM. You will note though
the practice courts are full inside there are only 6 cars in the parking lot. This is typical of the operation in
which members are dropped off/picked up or a car pool is used.
The Club has installed three regulation courts, There are four restrooms on site.
All the work that was required when the initial permit was issued has been completed. The space was
inspected by the building department last year to confirm this.
As this location is at the end of Francisco Blvd., and access is easiest at the San Quentin exit off of HWY
580, there has been little impact on those intersections experiencing high traffic volumes, especially when
and where the participants are coming from is taken into consideration. The Club continues to expect
there will be no more than 10 cars parked at the facility for each practice time due to car pooling and with
drop off/pick up of players. As has been shown, parents who drive rarely stay to watch practice.
20 11
P9 ,
All
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EXHIBIT 3
May 6, 2011
Mr. Saijit Dhaliwal
City of San Rafael
Associate Planner
1400 Firth Avenue
San Rafael, CA 94901
RE: UPll-023, 2145-2147 FRANCISCO BLVD. E, APN 009-161-56
Dear Mr. Dhaliwal:
This letter is in response to your letter of May 2, 2011, and specifically to items l .a and l.a.i.
The seasonal volleyball use at the property was approved by the Planning Commission last
year. The volleyball use was allowed from January through June as follows:
M — F: 4 PM — 6 PM — 2 teams (24 players), 4 adults (coaches)
6:15 PM - 8:00 - 3 teams (36 players), 6 adults (coaches)
8:15 -10 - 3 teams (36 players), 6 adults (coaches)
Weekends: from 8 AM to 8 PM.
There was one tournament event held on Saturday, Feb. 12, 2011, that included three outside
teams with three of our AVC teams. Teams comprise of 8-10 players. The event was held
between 8AM and 4PM. We had permission from the adjoining property owner, Joe Shekou,
to parlc,alongside his fence on the east side of our parking lot, which can accommodate about
25 parking spaces. We did have a parking attendant to make sure visitors would only park in
designated spaces. No other parking area was needed or used. As to future tournaments like
this, if we do decide to hold them, they would only be on weekends and with permission from
the adjoining property owner(s) to handle any overflow parking.
We did hold a CYO event last November one weekend on one court that the Public Works
Department may be referring to. This was a onetime event, which will not be repeated.
We have four bathrooms on site.
Please let me know what else you may require.
Thank you -for your assistance in this matter.
Si
RECFeVr#)
MAY 1
Jochen Wentzel ®i
(415) 456 0862 PANNING
PW Marketing Inc.
1942 Fourth Street
San Rafael, CA 94901
July 19, 2011
R FC 111 ki
Mr. Sarjit Dhaliwal
City of San Rafael JUL 2 1 2011
Associate Planner
1400 Firth Avenue COA-IYUNI-rY D,�tTf LOP
PO Rafael, CA 94901 CITY OF S,t�� F� �����EPJT
RE: UP11-023, 2145-2147 FRANcisco BLVD. E, APN 009-161-56
Dear Mr. Dhaliwal:
Thank you for meeting with me Tuesday.
As we discussed, this letter is to formally modify our application to remove the
request for tournament play. Just to reiterate, we will only do what we have been
doing at the building: team practices, clinics, and related events. Nothing will require
off -site parking.
We will comply with the use permit that is to be approved by the Planning
Commission.
We look forward to the August meeting.
kchen Wentzel
(415) 456 0862
PW Marketing Inc.
1942 Fourth Street
San Rafael, CA 94901
EXHIBIT 4
Page 1 of 1
Sarjit Dhaliwal
From: Linda Novy [lindanovy@comcast.net]
Sent: Tuesday, July 05, 2011 5:39 PM
To: Sarjit Dhaliwal
Subject: Regarding Project 2145-2147 Francisco Blvd. E
Based on our conversation, I understand that the volleyball participants will be required to park on the site, or at
the neighboring property by written agreement.
My only remaining concern is traffic congestion during peak hours along E Francisco Blvd during the business
week. If the tournaments can be held after peak hours during the weak, or on the weekends, that helps my
tenants' business operations continue to happen unencumbered.
Thank you for your consideration,
Linda Novy
Property Owner
2143 E. Francisco Blvd,
San Rafael, CA
(415) 457-5268
EXHIBIT 5
7/6/2011
Page 1 of 1
Sarjit Dhaliwal
From: Linda Novy [lindanovy@comcast.net]
Sent: Tuesday, July 05, 2011 6:11 PM
To: Sarjit Dhaliwal
Subject: additional input on E Francisco blvd from one of my tenants:
"If the use permit is changed to allow additional spaces, year round use, expanded hours, and holding
tournaments, then I do not know. It should not pose a problem for IQ as long as the teams and their
visitors do not park in our parking lot, or driveway, or in front of our chains, or use our front parking lot to
turn around.
As far as traffic is concerned, E. Francisco Blvd. is already difficult to access. There are many cars
parked along E. Francisco. This is necessary but it makes it hard to see when pulling out of our parking
lot. There are also a lot of cars traveling on E. Francisco and they are usually going fast, perhaps 35-40+
mph, unaware that folks are trying to pull out into traffic. They can't see us and we can't see them until
we pull out half -way into the street. Many of the businesses along E. Francisco Blvd. share this same
problem.
Perhaps one issue to address with the planner is reducing the speed limit from 35 mph to 30 mph along
E. Francisco Blvd. Or maybe the city could post signs to Slow Down or Congested Traffic Area (or
whatever they have) to point out to drivers that people are pulling out of parking lots, in between
parked cars, and turning onto E. Francisco Blvd. Just an idea but it could really help. "
Sargit, one of my tenants brings up an excellent point - E Francisco Blvd has become a dangerous
street to exit onto. It is treated like a speedway. Also people on bikes are vulnerable, and they
frequently ride on the sidewalk.
Thank you for including this information in your consideration.
Linda
Linda Novy
Owner
2143 E Francisco Blvd
San Rafael, CA
7/6/2011
Page 1 of 1
Sarjit Dhaliwal
From: Len Nibbi [Inibbi@jhsproperties.net]
Sent: Monday, July 11, 2011 12:44 PM
To: Sarjit Dhaliwal
Cc: Joe Shekou; Heidi Shekou
Subject: FW: 2145-2147 Francisco Blvd; use permit for volleyball use
Dear Mr. Dhaliwal,
I represent Joe and Heidi Shekou, owners of the property adjacent to 2145-2147 Francisco.
Please be advised that we are not willing to allow our adjacent parking lot or any of the nearby parking areas for
San Rafael Bay Park for any parking related to the use at 2145-2147 Francisco Blvd.
Please confirm receipt of this email and include it in your Planning Commission packet if the item proceeds.
Thank you.
7/26/2011