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HomeMy WebLinkAboutPlanning Commission 2012-05-15 #2 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: May 15, 2012 Agenda Item: Case Numbers: UP12-009 Project Planner: Steve Stafford - 458-5048 REPORT TO PLANNING COMMISSION SUBJECT: 1930 Fourth Street – Request for a Use Permit to allow the establishment and operation of a 1,500 square foot, public/quasi public assembly use (religious institution) on the ground floor of an existing two-story, 5,200 square foot, commercial/office building. The proposed church use would principally operate reciprocal to the current office uses on the site (i.e., outside ‘normal’ business hours) and would share existing fifteen (15) parking spaces on-site. The Use Permit includes a remote parking arrangement given that the site and the adjacent site (1924 Fourth Street) are commonly owned and the proposed church use would have exclusive access to an additional seventeen (17) parking spaces during the days and hours of operation; APN: 010-291- 50; Commercial/Office (C/O) District; Fred Divine, owner; Henry Deleon, applicant; File No: UP12-009. EXECUTIVE SUMMARY The key issue with this project is whether the Commission finds that there is adequate parking on-site for the proposed church use and whether it can support a reciprocal parking arrangement for the sharing of the on-site common parking area. The site is developed with 15 off-street parking spaces. The existing office and commercial tenants, primarily maintain normal business hours (8 a.m. – 5 p.m., Mondays through Fridays). However, the proposed hours of operation for the church use and the existing hours of operation for the commercial tenant (“Sun Company Tanning”) partially conflict; whereby, the church use has lease language providing exclusive access to 17 additional off-street parking spaces, located on an adjacent, commonly-owned parcel (1924 Fourth Street), during the church’s proposed hours of operation (i.e., outside normal business hours – before 8 a.m. and after 5 p.m., weekdays, and on weekends). The existing office tenants at the adjacent parcel (1924 Fourth Street), include the owner’s architectural firm (“Fred Divine Architects”) and also primarily maintain normal business hours. The proposed, 1,500 sq. ft. church use requires 8 spaces, based on its current 33 member congregation. Under the CBC (California Building Code), the proposed church use would have a maximum occupancy of 49, which would require 12 parking spaces under the Zoning Ordinance. A ‘seating plan’ submitted with the Use Permit application indicates a maximum seating capacity of 40 in the ‘Sanctuary” of the church, which would require ten (10) off-street parking spaces. Both the commercial tenant and the church have leased rights to four (4) dedicated off-street parking spaces each and share the remaining seven (7) unassigned off- street parking spaces. The owner believes the site provides adequate parking for the church use given the proposed days and hours of operation will be before and after normal business hours on weekdays and on weekends. After a review of the materials and comments from the City Traffic Engineer, staff recommends that the on-site parking, together with the available remote parking on the adjacent, common-owned parcel, is adequate and appropriate. REPORT TO PLANNING COMMISSION - Case No: UP12-009 Page 2 RECOMMENDATION It is recommended that the Planning Commission adopt the attached Resolution approving the project with conditions. PROPERTY FACTS Address/Location: 1930 Fourth Street Parcel Number: 010-291-50 Property Size: 9,750 sq. ft. Neighborhood: West End Site Characteristics General Plan Designation Zoning Designation Existing Land-Use Project Site: Retail/Office (RET/O) Commercial/Office (C/O) Office/Commercial North: Medium Density Residential (MDR) Medium Density Residential (MR3) Bayo Vista Apartments South: High Density Residential (HDR) High Density Residential (HR1.8) Commercial/Office/ Multifamily residential East: RET/O C/O Office building West: RET/O C/O Office/Commercial/ Light Industrial Site Description/Setting: The project site is located along the north side of Fourth Street in the West End neighborhood, west of Downtown. It’s located on the “Miracle Mile”, a predominantly commercial area along a separated roadway corridor extending from Downtown to western portions of Marin County. The site is a rectangular-shaped, relatively flat (approximately 11% up-slope from street elevation), 9,750 square-foot, parcel. It is developed with an inverted and backwards L-shaped, concrete block, commercial office building. The building is a story-and-a-half, with approximately 3,000 square feet located on the ground floor and approximately 2,200 square feet located on the partial upper-floor at the rear of the parcel. The site is also developed with 15, off-street parking spaces, three of which are ‘carport’ parking spaces that are covered by the rear upper-floor of the building. An exterior staircase, opposite the parking area, connects the ground and upper floors. Nearly all of the building is divided up for, and historically used as, office space, much of it which is currently vacant. A commercial tenant, “Sun Company Tanning”, occupies approximately 1,500 square feet on the ground-floor along the street front. It operates ten tanning beds. While the office tenants typically operate during normal business hours (8 a.m. – 5 p.m., Monday – Friday), the tanning salon operates 8 a.m. – 10 p.m., Monday – Thursday, and 8 a.m. – 8 p.m., weekends. BACKGROUND A review of the permit file history by Planning staff reveals that the site was originally developed as offices in 1947. From the 1950s through the 1970s, the entire site was used as medical offices by Kaiser Permanente. In 1979, the first commercial use (“Computerland of Marin”) began occupying the ground floor tenant space along the street front. In 1991, a ‘take-out’ restaurant (“Cenario’s Pizza & Pasta”) began occupying this commercial space. Since 1995, Sun Company Tanning has been the commercial tenant. The remaining building area has remained office space. REPORT TO PLANNING COMMISSION - Case No: UP12-009 Page 3 Beginning in 1991, the owner, Fred Divine Architects, was an office tenant on the site until purchasing the adjacent building at 1924 Fourth Street and relocating his professional practice there sometime later. PROJECT DESCRIPTION The project proposes to convert 1,500 square feet of ground-floor office space, located behind the street front commercial tenant (“Sun Company Tanning”) to a religious institution use. The existing floor plan of proposed church includes partitioned offices, copy room, storage, restroom, kitchen and a 600 square foot “Sanctuary”, where religious services are to be conducted. The proposed church use would operate primary services in the “Sanctuary” portion of the tenant space, on Wednesday evenings, from 7:30 – 9 p.m., and Sunday mornings, from 11:00 a.m. – 12:30 p.m. These primary services would include amplified music and singing. The current congregation membership is 33, while the layout of the proposed seating plan, as reviewed by both the City’s Building Official and the Deputy Fire Marshal, shows 40 seats and the maximum occupancy for the tenant space is 49. Ancillary uses to the church use include prayer meetings for small groups of up to 10 people on Mondays, Wednesdays and Sunday mornings, from 5 - 6 a.m., and occasional ‘fellowship gatherings” to be conducted in the Sanctuary immediately after the religious services, providing ‘coffee and conversation’ and ending one-half (½) hour after each religious service. The offices for the church use would operate during normal business hours on weekdays and, occasionally, on weekends. Access to the ground-floor church use would be directly off the parking area, primarily through one of two existing doors located underneath the exterior stairway to the upper-story offices. No exterior or interior improvements or modifications are proposed or required. The Project Description and a follow-up letter from the owner are provided as Exhibits 3 and 4, respectively. ANALYSIS San Rafael General Plan 2020 Consistency: The project is consistent with all the applicable General Plan policies. This project would provide a needed ‘community’ use within the West End neighborhood. Furthermore, this project would promote a shared off-street parking arrangement by adding a use to the site that has different days and hours of operation, thus allowing the sharing of the limited parking resources in the area. A complete analysis of the project’s consistency with the applicable General Plan policies in provided in Exhibit 5. Zoning Ordinance Consistency: Chapter 5 – Commercial/Office District Religious institutions are identified as allowable uses in the Commercial/Office (C/O) District, subject to obtaining a Use Permit from the Planning Commission. The Use Permit is required to ensure that the use is compatible with the surroundings uses and would not negatively impact this site or those in the surrounding area. The “Miracle Mile” section of the West End neighborhood is developed primarily with commercial and multifamily residential areas, which create a large demand for services that include religious services. Currently, there are few worshipping opportunities directly on the “Miracle Mile” in the West End neighborhood. The proposed primary use would be to conduct religious services in the “Sanctuary” portion of the tenant space on Wednesday evenings, from 7:30 to 9 p.m., and on Sunday mornings, from 11 a.m. to 12:30 REPORT TO PLANNING COMMISSION - Case No: UP12-009 Page 4 p.m., with informal fellowship gatherings providing ‘coffee and conversation’ immediately following these services and lasting approximately one-half (½) hour. It is anticipated that 33-49 occupants would attend these scheduled services (The congregation membership is currently 33, while the layout of the proposed seating plan, as reviewed by both the City’s Building Official and the Deputy Fire Marshal, shows 40 seats and the maximum occupancy for the tenant space is 49.). Other ancillary uses common of a religious institutions, including informal fellowship gatherings, providing ‘coffee and conversation’ immediately following the religious services and lasting approximately one-half (½) hour, and smaller group (5-10 people) prayer meetings, conducted on Monday, Wednesday and Sunday mornings from 5 – 6 a.m. Given the small size of the church congregation (33 – 40 people) and the proposed days and hours of operation (before 6 a.m. on Mondays, Wednesday and Fridays, after 7:30 p.m. on Wednesdays and on Sundays), it would not conflict with the existing tenants in the building who are predominantly office tenants that maintain normal business hours during the week. The only other use in the building, operating during the days and times that the church would provide religious services, is a tanning salon; it is the only commercial tenant at the site and it operates 8 a.m. to 10 p.m., Monday through Thursday, and 8 a.m. to 8 p.m. Friday through Sunday. The proposed change in use has been reviewed by appropriate City Departments, including the City Engineer, who reviewed the existing parking condition on the site, the propose shared parking arrangement and the remote parking arrangement and recommended approval, and the Building and Fire Prevention Divisions, who reviewed the project for compliance with maximum occupancy loads and accessibility requirements and recommended approval as well. Chapter 18 - Parking The site is currently developed with 15, ‘grandfathered’ off-street parking spaces that were installed when the building was originally constructed in 1947. At that time, the number of parking spaces complied with the parking requirements for office use. However, based on current zoning requirements, the existing site would require 21 parking spaces; therefore, it is considered legal, non-conforming in terms of off-street parking. The proposed change in use would convert 1,500 sq. ft. of ground-floor office into a religious institution. Since the space is considered legal non-conforming, the parking requirement for the change in use would be the difference of parking required for the current use; the current parking requirements for office is 1 space per 250 sq. ft. of gross building, or 6 off-street parking spaces (based on 1,500 sq. ft. of existing office space), while the current parking requirement for religious institution is 1 space for every 4 seats, or 10 off-street parking spaces (based on the proposed 40-seat, seating plan). This would require this change in use to provide 2 more parking spaces that currently exist, based on the current 33 member congregation or 4 more parking spaces, based on the proposed seating plan. The applicant has requested a modification to the City’s parking requirements to allow the change in use without providing additional, off-street parking. The reasons cited for the parking modification are the relatively small size of the church congregation (currently 33 people with a maximum of 40 people) and the proposed days and hours of operation (before 6 a.m. on Mondays, Wednesday and Fridays, after 7:30 p.m. on Wednesdays and on Sundays), it would not conflict with the existing tenants in the building who are predominantly office tenants that maintain normal business hours during the week; the hours of operation for the church use are significantly different than the other existing uses that would share the common parking area or facilities, which are predominantly office. The church use will primarily operate after normal business hours (8 a.m. – 5 p.m.) during the week and on Sundays while the other uses in the building primarily operate during normal business hours. The tanning salon does operate after normal business hours on weekdays and on weekends; however, the adjacent property (1924 Fourth Street) is commonly-owned and provides an additional 17 off-street parking spaces, which are available under lease agreement for the exclusive use during the hours of operation of the church. Additionally, the applicant cites that the church would incorporate the use of their congregation member’s personal or REPORT TO PLANNING COMMISSION - Case No: UP12-009 Page 5 private minivans to transport approximately two-thirds (⅔) of the existing congregation members to and from the site, which will help to offset both the parking and traffic demand generated by the use. Typically, the Zoning Ordinance requires that when there is more than one use occupying a single structure or single site, the off-street parking requirements shall be the sum of the requirements for the various uses. However, Section 14.18.080 of the Zoning Ordinance also allows two or more uses that share a common parking area and have a significant and complementing variation in the period of daily parking demands, a reduction in the total required parking can be approved through the approval of a Use Permit, provided that in no instance shall the total required parking be less than the amount that would be required for any one of the independent uses. This modification is to allow reciprocal or shared parking for uses is subject to the review and approval of the City Engineer and the Zoning Administrator (Since the Use Permit requires the Commission’s approval, the project review also includes the proposed parking modification). Following a review of the existing conditions at the site as well as the application materials for the proposed use, both staff and the City Engineer find that the shared parking is appropriate for this site and the hours of operation for the existing office tenants at the site, which are reciprocal to those proposed by the church. Furthermore, the remote parking arrangement with the commonly-owned parcel at 1924 Fourth Street provides additional safe and convenient off-site parking to accommodate any additional parking demand generated by the church use during the proposed days and hours of operation (before and after normal business hours of 8 a.m. – 5 p.m. weekdays and on weekends). Even though the proposed religious institution use has a small parking and traffic demand, there are few, if any, sites along the “Miracle Mile” in the West End neighborhood that can accommodate the strict parking requirement for a religious institution. Chapter 22 – Use Permit In order to grant a Use Permit for the use and the parking reduction, the Planning Commission must find: 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; 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; c) That the proposed use complies with each of the applicable provisions of the zoning ordinance Given the discussion summarized in this report, staff recommends that the findings to grant the Use Permit to allow the religious institution, including the ancillary uses, and the reduction to the parking requirements can be made. ENVIRONMENTAL DETERMINATION The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15301 of the CEQA Guidelines which exempts permitting, leasing of private structures involving negligible or no expansion of use beyond that existing. Given that the proposed use would not add any new floor area and proposes no physical improvements to the site, staff recommends that the Categorical Exemption is the appropriate level of CEQA review for this project. REPORT TO PLANNING COMMISSION - Case No: UP12-009 Page 6 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 site and the appropriate neighborhood group (West End Neighborhood Association) 15-calendar days prior to the date of this hearing. Posting of a public notice was not required given that the there was no expansion of floor area. Staff received written/verbal comments on this project from the West End Neighborhood Association (WENA). WENA indicates neither support nor opposition for the project; instead, WENA expresses concern for potential noise and parking created by the project. Since the project principally proposes services after ‘normal’ business hours on Wednesdays and on Sundays, and with multifamily residences located both north and south of the site, ’WENA is concerned that possible noise complaints may not be given a high enough priority to result in a timely response. WENA proposes several alternative conditions of approval to mitigate noise concerns: 1) hold the project to the City’s more stringent nighttime noise level standards, from 7 – 9 a.m., rather the daytime noise level standards; 2) require all doors and windows remain closed during the days and hours of operation when amplification is used; or 3) provide the adjacent multifamily residences and WENA with the owner’s contact information for direct, ‘first’ contact for noise complaint rather than the San Rafael Police Department. During our contact with WENA, staff expressed concern that the high level of ambient noise, created by vehicles along Fourth Street, a busy traffic corridor, may make it difficult to determine the source of sounds or noises at the receiving multifamily residences. Staff also stated that the City’s noise standards are established by Chapter 8.13 of the San Rafael Municipal Code with enforcement by the San Rafael Police Department. Still, staff has included a condition limiting the hours when amplified music may be used; Condition 5 of the Draft Resolution (Exhibit 2 of this report), approves the use of amplified music between 7:30 – 9 p.m. on Wednesdays and 11 a.m. – 12:30 p.m. on Sundays only. This condition further requires that all church functions, including the use of amplified music during religious services, shall be consistent with the City’s noise standards at all times. Additionally, WENA expressed concerns that the available off-street parking at both 1924 and 1930 Fourth Street is not adequate for the project. The days and hours of operation for the current commercial tenant at the site, Sun Company Tanning (M-Th, 8 a.m. to 10 p.m.; F-Sun, 8 a.m. to 8 p.m.) overlap those proposed by the project; if all off-street parking spaces are in use, WENA believes this may cause vehicles to back-up onto Fourth Street and create a dangerous condition. WENA is also concerned that, if tandem parking is allowed for the project, it needs to be managed appropriately so not to impact the other businesses on the site(s) and to cause vehicles to back-up onto Fourth Street. Lastly, the project proposes to use a van to transport church members to services; WENA requests more details on the van pick-up/drop-off points, as well as the safe maneuverability of this van so that does not required back-up onto Fourth Street. During our contact with WENA, staff stated that tandem parking is, for the most part, prohibited and that the City’s Engineer had recommended approval of the project, including finding that the existing off-street parking, provided by both 1924 and 1930 Fourth Street, is adequate for the project and existing uses on both sites. WENA’s comments are attached this staff report as Exhibit 6. REPORT TO PLANNING COMMISSION - Case No: UP12-009 Page 7 OPTIONS The Planning Commission has the following options: 1. Approve the application as presented (staff’s recommendation); 2. Approve the application with modifications or additions to conditions of approval; 3. Continue the applications to allow the applicant to address any of the Commission’s comments or concerns; or 4. Deny the project and direct staff to return with a revised resolution EXHIBITS 1. Vicinity/Location Map 2. Draft Resolution of Approval 3. Project Description with Exhibits, Dated March 1, 2012 4. Letter from Owner, Dated March 13, 2012 5. General Plan 2020 Consistency Table 6. Public Comments Full-Size Plans distributed to the Planning Commission only