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HomeMy WebLinkAboutPlanning Commission 2012-08-14 #4 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: August 14, 2012 Agenda Item: Case Numbers: AP12-004 Project Planner: Sarjit Dhaliwal – (415) 485-3397 REPORT TO PLANNING COMMISSION SUBJECT: 125 Mitchell Blvd – Appeal of Zoning Administrator approval of a Use Permit for, (i) a 3900 sq. ft. indoor play area (units D and E) for young children on weekdays from 9:00 a.m. to 9:00 p.m., on Saturdays from 8:00 a.m. to 12:00 noon and reserved for open private parties and special sessions on Saturdays from 12:00 noon to 6:00 p.m. and Sundays from 10:00 a.m. to 4:00 p.m., (ii) a 1,000 sq. ft. music studio (unit I) to conduct one-on-one music lessons in an existing office space, 9:00 a.m. to 9:00 p.m., seven days/week (by appointment and scheduled times), and; (iii) a reduction in the number of parking spaces from 16 required spaces to 8 spaces for the indoor play area use; APN: 155-152-14; Light Industrial/Office District (LI/O); Stanley Knoles Tr., owner; Kurt Jacobsen, applicant; Steven Wasserman, appellant; File No. UP12-005. EXECUTIVE SUMMARY The project proposes a 3,900 sq. ft. indoor play area for young children and 1,000 sq. ft. music studio for one on one lessons in an existing industrial/warehouse building. The project also requests parking modification to reduce the number of parking spaces from the required 16 spaces to 8. The proposed use and the parking modification are subject to a Use Permit at the Zoning Administrator (ZA) level. On June 13, 2012, the Zoning Administrator conducted a public hearing, accepted the public testimony and took it under advisement and continued the hearing to June 14, 2012 to make a determination on the project. On June 14, 2012, the Zoning Administrator approved the project subject to conditions of approval (Exhibit 4). On June 20th, an appeal of the ZA’s decision was filed by a representative of two neighboring property owners. Therefore, the appeal and the project have been forwarded to the Commission for consideration and action. The appeal cites 12 points of appeal which primarily raise concerns with the project’s inconsistency with the General Plan and Zoning Ordinance; insufficient onsite parking and loading/unloading areas; and the project being detrimental to public health, safety and welfare. All the issues raised by the appeal were adequately and thoroughly considered and reviewed by the ZA. The project complies with the applicable provisions of the General Plan; is a conditionally permitted use under recreational uses and public and quasi-public uses in the Light Industrial/Office (LI/O) zoning district; adequate parking is available onsite due to the other onsite uses generally being warehousing uses and their hours of operation; and is consistent with the General Plan policy for encouraging mixed uses. Therefore, staff recommends that the Planning Commission find and determine that the points of the appeal cannot be supported. As the property is already developed and the project does not propose any physical changes, the project does not need to comply with the current development standards required for the LI/O Zoning District, with the exception of the parking requirement for the proposed use. REPORT TO PLANNING COMMISSION - Case No: UP12-005 Page 2 Findings to grant the requested parking modification have been made, based on the nature of the proposed and a recommendation by the Public Works Department. RECOMMENDATION It is recommended that the Planning Commission adopt a Resolution denying the Appeal (AP12-004) and upholding the Zoning Administrator’s conditional approval of the project. PROPERTY FACTS Address/Location: 125 Mitchell Blvd. Parcel Number(s): 155-152-14 Property Size: 79,113+ sq. ft. Neighborhood: North San Rafael Commercial Center Site Characteristics General Plan Designation Zoning Designation Existing Land-Use Project Site: LI/O (Light Industry/Office) LI/O (Light Industrial/Office) Light industrial/warehousing North: LI/O LI/O Vacant South: LI/O LI/O Light industrial, warehousing East: Office Planned Development (PD 1444) Office, commercial, light industrial West: LI/O LI/O Light industrial, warehousing Site Description/Setting: The subject property is located north of Mitchell Blvd and north of the intersection of Mitchell Blvd. and Mark Drive. Mitchell Blvd. dead ends east of the subject property. The property is fairly level and is currently developed with an approximately 28,763 sq. ft. building and 49 parking spaces with landscaping in the front (Exhibit 1: Vicinity Map). Other existing onsite uses are as follows: Front Building Unit Area Use Hours of operation A-B 3,300 sq. ft. High Definition Home Inc. (entertainment systems showroom) M-F 8:00 a.m. – 5:00 p.m. C 2,944 sq. ft. Zep Solar R&D (showroom) M-F 8:00 a.m. – 5:00 p.m. D-E 3,900 sq. ft. Jack and Jill’s (children’s play area) (proposed project) M-F, 9:00 a.m. to 9:00 p.m.; Sat., 8:00 a.m. to 6:00 p.m.; Sun. 10:00 a.m. to 4:00 p.m. F 2,944 sq. ft. Northgate Door Inc. (warehouse) M-F, 8:00 a.m. - 4:30 p.m. G 1,750 sq. ft. Corner Office (office furniture) M-F, 8:30 a.m. – 4:30 p.m. H 1,750 sq. ft. Vacant I 1,000 sq. ft. Marin Music Studios (proposed project) 7 days, 9:00 a.m. – 9:00 p.m. REPORT TO PLANNING COMMISSION - Case No: UP12-005 Page 3 Rear Building Entire bldg 13,000 sq. ft. Zep Solar R&D (warehouse) M-F 8:00 a.m. – 5:00 p.m. Neighboring uses in the area consist of office, commercial, warehousing and light industrial uses. BACKGROUND A 15,596 sq. ft. building (Building A) and a 13,167 sq. ft. building (Building B) for light industrial uses were constructed on the property in 1985. In June 2010, the 49 parking spaces originally provided for the project were allowed to be reduced to 45 spaces. On June 13, 2012, the Zoning Administrator conducted a public hearing, accepted public comments, and continued the project to June 14, 2012 to make a determination. On June 14, 2012, the ZA approved the project with conditions. Minutes from this meeting outlining the proceedings, findings for approval, and conditions of approval are attached (Exhibit 4). PROJECT DESCRIPTION The proposed use consists of two components: (i) A 3900 sq. ft. indoor creative play area (units D and E) for children up to 8 years of age on weekdays from 9:00 a.m. to 9:00 p.m., on Saturdays from 8:00 a.m. to 12:00 noon and reserved for open private parties and special sessions on Saturdays from 12:00 noon to 6:00 p.m. and Sundays from 10:00 a.m. to 4:00 p.m. The children would be generally dropped off for a play time of about 1 to 1.5 hours. No alcoholic beverages will be sold on the site and all activities will be indoors. There will be no ‘jumpy’ or ‘bouncy’ type play structures. (ii) A 1,000 sq. ft. music studio (unit I) to conduct one-on-one music lessons in an existing office space, 9:00 a.m. to 9:00 p.m., seven days/week (by appointment and scheduled times). The project also requests a reduction in the number of parking spaces from 16 required spaces to 8 spaces for the children’s play area use. The 1,000 sq. ft. unit I was originally approved as an office and is therefore, grandfathered for 4 parking spaces currently required for an office use. Therefore, the parking requirement for the music studio is met with the 4 grandfathered parking spaces. ANALYSIS: Appeal Points: Within the statutory appeal period, an appeal of the Zoning Administrator’s action was filed along with the required filing fee. The appellant, Steven J. Wasserman, representing the property owners at 136 and 148 Mitchell Blvd, submitted a letter dated June 20, 2012, which is attached (Exhibit 3). The appeal letter cites numerous points of appeal. In addition, the appellant submitted a follow-up letter dated August 8, 2012 (Exhibit 9). Given that this follow-up letter from the appellant was submitted after the staff report had been prepared, the points have not been addressed in this report. The points of appeal remain the original points raised in the June 20th letter. Below in bold italics are all of the appeal points presented in the June 20th letter followed by a staff response: Appeal Point # 1. The proposed use is not in accord with the general plan, does not meet the objective of the housing, nor the purpose of the district in which the site is located. REPORT TO PLANNING COMMISSION - Case No: UP12-005 Page 4 Staff Response: The proposed use is consistent with the General Plan 2020 in that the proposed use: would contribute in serving the community’s need to bring up children and learn music (Goal 1), would provide a mixed use in an area developed with light industrial/office uses (LU-17), use is a conditionally permitted use under recreational uses and public and quasi-public uses in the Light Industrial/Office (LI/O) zoning district (LU-23), will serve the convenience and necessity of the City’s residents (NH-137), would contribute to the City’s economy by locating in, and maintaining, an existing industrial building (EV-8), would provide commercial recreational/educational facilities to serve community needs by encouraging commercial recreational/educational facilities open to the general public (PR-13), and will not result in a new noise generating use (N-4). Additionally, the proposed use is a conditionally permitted use under recreational uses and public and quasi-public uses in the Light Industrial/Office (LI/O) zoning district. Therefore, the use is consistent with the LI/O zoning for the property and therefore, the purpose of the site. Since the proposed project neither displaces existing housing, nor proposes new housing, it is not subject to review for consistency with Housing policies of the General Plan. Appeal Point # 2. The proposed use, together with the conditions applicable thereto, will be detrimental to the public health, safety and welfare and materially injurious to properties or improvements in the vicinity and to the general welfare of the city. Staff Response: The proposed 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: i. The proposed project has been reviewed by appropriate City departments. Conditions of approval recommended by other departments have been applied to minimize potential adverse visual, design, and safety impacts to the project site and adjacent properties. Specifically, the project has been conditioned (condition #4) to require the applicant to inform his clients of: a) appropriate location for on-site parking and the pick-up/drop-off zone; and b) prohibition of parking on adjacent private properties. Additionally, condition (#11) has been added to require parking modification, if there is a parking impact. Building Division and Fire Prevention Bureau have recommended conditions to ensure public safety within the building. ii. The proposed project does not propose any use or activity that is prohibited in the LI/O Zoning District, but is permitted with a Use Permit under Section 14.06.020 of the San Rafael Municipal Code; and iii. No significant new noise will be generated. Additionally, no noise would impact any residential uses because the surrounding uses are industrial/office uses. Appeal Point # 3. The proposed use fails to comply with each of the applicable divisions of the zoning ordinance. Staff Response: As stated above, the project is consistent with the applicable use provisions of the Zoning Ordinance. The project would not result in public health, safety and welfare concerns and would not generate any new noise. With approval of the parking modification, the proposed project would comply with the parking requirements. Since the proposed use does not include any new development, it does not need to be reviewed for compliance with property development standards such as setbacks, lot coverage and floor area ratio. Appeal Point # 4. The proposed use is not in accord with the requirement of available parking on the site, fails to provide sufficient parking for the proposed use and failed to provide a parking/traffic study. The Applicant advised that there would be two permanent employees REPORT TO PLANNING COMMISSION - Case No: UP12-005 Page 5 and a part time employee. Children, eight years old and younger, must be accompanied by a supervising adult who will need parking. On June 11 at 10:30 a.m. there were only four available parking spaces at the site. At the hearing on June 13, the agent, Jerry Syderhoud, indicated that the use was mostly drop off so not much parking would be needed. That was disputed by the Applicant. Staff Response: The proposed music studio (unit I) was originally built as an office for use by the property owner, and is therefore, grandfathered for four (4) parking spaces at 1/250. The current parking requirements for an office use and music studio being the same (1/250), the proposed music studio would not need any additional parking spaces. The play area component of the project is not consistent with Chapter 18 in terms of Parking Requirements. Required parking for the 3,900 sq. ft. play area is 16 spaces (1/250) whereas the business would provide 8 spaces grandfathered for the originally approved warehousing use at 1/500. However, pursuant to SRMC 14.18.040.B. this requirement may be modified so as to provide adequate parking which is fair, equitable, logical and consistent with the intent of this chapter. Such modification is subject to review by the Community Development Director and the Traffic Engineer. The previous use at the subject location was a printing company which involved deliveries and pick ups, thereby, needing loading/unloading areas. Additionally, the neighboring use in the building is a garage door business which does not use its parking spaces most of the day since their employees leave for offsite work in the morning to return only late in the day. The request for parking modification has been approved by Zoning Administrator based on a review of the above facts by the Community Development Director and the Traffic Engineer. On August 2, 2012, the applicant submitted a supplementary detailed description (Exhibit 6) of the project operation. According to this document, the business operation involves two components: ‘drop-in play times’ (Monday – Friday, 9:00 am – 5:00 pm; Saturday, 8:30 am – 12:00 noon) when parents or guardians would come with the children to play with them; the other part involves ‘reserved parties’ (Monday – Friday 5:30 pm – 9:00 pm, Saturday 12:30 pm – 9:00 pm and Sunday 10:00 am – 5:30 pm). Demand for parking spaces on the property would peak Monday – Friday, 9:00 am – 5:00 pm during which time parents/guardians would come with the children to play and other businesses would be in operation too. According to the applicant’s observation (Exhibit 6), 9 – 19 parking spaces would be available for his business during this time. The business would have 8 designated parking spaces onsite. Considering parking required for 1-2 employees, the business parking needs would be generally consistent with the 9 – 19 available parking spaces. As detailed in the document, more parking spaces are available Monday – Friday after 5:00 pm and on weekends. Based on the discussion above, it is determined that there would be no parking issues for this business. Appeal Point # 5. The proposed use has no provision for loading and unloading children eight years old and younger. Staff Response: The property is served by two driveways located to the east and west of the subject building. All loading and unloading would take place in the parking spaces located west and east of the subject building. The volume of onsite traffic being low, loading/unloading would not raise safety concerns. Further, the project has been conditioned (condition #4) to require that the applicant inform REPORT TO PLANNING COMMISSION - Case No: UP12-005 Page 6 his clients of a) appropriate location for on-site parking and the pick-up/drop-off zone; and b) prohibition of parking on adjacent private properties. Additionally, condition (#11) has been added to require parking modification, if there is a parking impact. Based on the above discussion, loading and unloading the children would not be an issue. Appeal Point # 6. The proposed use makes the area unsafe for children. There are many trucks in the area because this is a light industrial district with businesses that require very large trucks for delivery and pick-up. While there on June 11 at 10:30 a.m., there was an extremely large UPS cab/truck between the two buildings at the site and two or three large trucks moving along Mitchell Blvd. and Mark. Staff Response: Mitchell Blvd. and Carlos Drive are not through streets and terminate in this area. The subject property is located at the terminus of Mitchell Blvd. east of which there are two office buildings. There may be an occasional delivery truck in the area but there is not a high volume of truck traffic in this area. The proposed use is an indoor use. All parking and loading/unlading for the proposed business would be onsite and would therefore, not be impacted by traffic in the street. Appeal Point # 7. The proposed use is significantly different than the use of San Rafael Gymnastics on Carlos regarding location, traffic and time of operation. The proposed use is 9:00 a.m. to 9:00 p.m. Monday through Friday, 8:00 a.m. to 6:00 p.m. Saturday and 10:00 a.m. to 4:00 p.m. Sunday for the primary applicant. While San Rafael Gymnastics had classes after school on weekdays and then on weekends. Staff Response: Although the proposed business operation on Monday – Friday would start at 9:00 am, it would have enough parking during the peak parking demand on the property until 5:00 p.m. (staff response to Appeal Point #4 above). On weekends and after 5:00 pm on weekdays, all (or most) of the 45 parking spaces on the property become available for the proposed use, since the other onsite uses would close at those times. Therefore, even if the working hours for the proposed business are different than San Rafael Gymnastics on Carlos Drive, the proposed use would have enough parking spaces onsite. Appeal Point # 8. The proposed use is very different from the previous user which was a large printing company. That previous use had no children eight years old and younger at the site. There were many deliveries which confirms that delivery trucks are constantly in the area of the proposed use. Staff Response: The difference between a new use and old use is not relevant. What is relevant is whether the new use is allowed by the Zoning district in which the site located. The proposed use is allowed with a Use Permit in the LI/O district, which allows the project to be evaluated for compliance with health and safety requirements and compliance with the applicable requirements of the General Plan and Zoning Ordinance. The children, who would utilize the proposed use, would stay indoors. All drop-off and pick-ups would be on site. Any vehicles onsite or offsite would be moving slowly, out of necessity from being either on smaller sites or on shorter length of Mitchell Blvd in this area. The delivery trucks that used to service the printing company (now closed) would not need to come back to serve the play area use. Therefore, the proposed use would at least eliminate need for delivery trucks from serving the subject site. Due to the limited number of businesses at this end of Mitchell Blvd. the number of delivery trucks in the area would be limited and would be, ideally, loading/unloading on the respective properties. Based on the above discussion, the number or limited presence of delivery trucks in the area would not be an issue for the project. REPORT TO PLANNING COMMISSION - Case No: UP12-005 Page 7 Appeal Point # 9. There are no residential areas close to the proposed use. Staff Response: Although there are no residential areas are in the immediate vicinity of the proposed use, there are residential uses not too far away from the property. The proposed use will serve the convenience and necessity of the City’s residents, would provide a desirable recreational/educational service for use by younger residents of the City. Appeal Point # 10. The proposed use should be in a residential neighborhood, close to a school, park, etc., not in a light industrial zone. Staff Response: It would be ideal if the proposed could be located in a residential neighborhood, or close to a school or park. However, recreational uses are commonly found in shopping centers and light industrial areas. Additionally, the proposed use is a conditionally permitted use under recreational uses and public and quasi-public uses in the (LI/O) zoning district. Therefore, it is consistent with the intent of LI/O District. Further, the project would provide a mixed use in an area developed with light industrial/office uses. Appeal Point # 11. The proposed use has no provision for facilities for food to be consumed on the premises. The Applicant advised that parties would be a proposed use. Staff Response: There would be no cooking facilities at the business. However, a major part of the business would be having scheduled parties for the children. All food for the parties would be brought from outside. Appeal Point # 12. The previous location of this business, 217 Western Ave,, Petaluma was a mixed use area with houses on the same block and all adjacent blocks, across from a church and park, by a thrift store and by a restaurant. Staff Response: Please see discussion under Appeal Point #10 above. San Rafael General Plan 2020/Zoning Ordinance Consistency There are a few and pertinent General Plan policies and Zoning Ordinance requirements that are applicable to this project which are discussed in the project approval Findings in the Zoning Administrator minutes (Exhibit 4). ENVIRONMENTAL DETERMINATION Pursuant to Section 15301 (Operation of existing public or private structures or faiclities) of the California Environmental Quality Act (CEQA) Guidelines, the proposed project is exempt from the requirements of the CEQA. NEIGHBORHOOD MEETING / CORRESPONDENCE Notices of the Zoning Administrator and the Planning Commission hearings for the project were conducted in accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance. A Notice of the Planning Commission Public Hearing was mailed to appellants, 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 new construction, a public notice was not posted onsite. REPORT TO PLANNING COMMISSION - Case No: UP12-005 Page 8 Prior to the Zoning Administrator hearing, staff received one phone call from a neighbor and three letters from neighbors regarding this project (Exhibit 7). The phone call and the letters expressed concerns that the use would result in parking and traffic safety problems in the area. For the Planning Commission hearing, staff has received four letters (Exhibit 8). One letter is from the appellants’ representative clarifying that he is not the appellant but an attorney representing the property owners at 136 and 148 Mitchell Blvd. Two other letters express concerns about the location of the use in an industrial park and traffic and parking problems in the area. The fourth letter expresses concern about any potential interference the project may cause with ground phones, cell phones, internet, fax etc. The appellant’s concerns are discussed in the Appeal Points and Analysis section above. OPTIONS The Planning Commission has the following options: 1. Deny the appeal and uphold the Zoning Administrator’s approval of the project (staff recommendation). 2. Deny the appeal and uphold the approval with certain modifications, changes or additional conditions of approval. 3. Continue the appeal hearing to allow the applicant/appellant to address any of the Commission’s comments or concerns. 4. Grant the appeal, overturning the Zoning Administrator approval, thus denying the project and direct staff to return with a revised Resolution with findings for denial. EXHIBITS 1. Vicinity/Location Map 2. Draft Resolution 3. Appeal Letter dated June 20, 2012: 4. Zoning Administrator Meeting Minutes, including findings and conditions , June 14, 21012 5. Original Project Description Submitted with the Project Application 6. Supplemental Project Description Submitted on August 2, 2012 7. Public Correspondence received prior to the Zoning Administrator hearing of June 13, 2012 8. Public Correspondence received prior to the Planning Commission hearing of August 14, 2012 9. The Appellants’ Representative’s letter dated August 8, 2012 received on August 9, 2012 10. Reduced copy of the building plan 11”x17” Building Plan Distributed to the Planning Commission only