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HomeMy WebLinkAboutPlanning Commission 2013-02-26 #2 (2)CITY OF Meeting Date: February 26, 2013 Agenda Item: Z_ Community Development Department— Planning Division Case Numbers: AP12-007 P. O. Box 151560, San Rafael, CA 94915-1560 PHONE: (415) 485-3085/FAX: (415) 485-3184 Project Planner: Caron Parker (415) 485-3094 REPORT TO PLANNING COMMISSION SUBJECT: 23 Baypoint Drive: Appeal of the Zoning Administrator approval (November 14, 2012) of Use Permit (UP12-022) allowing the operation of a licensed large family day care (9- 14 children maximum) in a two-story single family townhome; APN: 009-362-20; Planned Development (PD1562) Zoning District; Heather Ludloff, owner; Leticia Arvizu, applicant; Victoria Pollick, appellant; File No.: AP12-007. (Continued from February 12, 2013) EXECUTIVE SUMMARY On February 12, 2013, the Planning Commission conducted a public hearing on an appeal of the Zoning Administrator's approval of a Use Permit (UP12-022) for a large family day care at 23 Baypoint Drive. After accepting the staff report, testimony from both the appellant and applicant, and public comment, the Commission deliberated the matter. The majority of the Commission found that the appeal did have merit and was inclined to grant the appeal. However, since the Draft Resolution before them was for denial of the appeal, the Commission could not take formal action that evening. Therefore, Commissioner Lubamersky moved and Commissioner Wise seconded to direct staff to prepare a revised Resolution for denial and return to the next scheduled meeting. This motion was approved 5-0-1 (with Commissioner Schaeffer abstaining due to potential conflict of interest). Therefore, staff has prepared a revised Resolution to reflect the Commission's deliberation and discussion (Exhibit 1). There are no minutes from the meeting, but actual video from the meeting can be found at www.citvofsanrafael.org/meetings. Click on the video link for the February 12, 2013 Planning Commission meeting to view. Based on the Commission's deliberation, the main points discussed by the Commissioners are summarized below: 1. Physical layout of the house on a cul-de-sac was not the ideal location for a in-home daycare with 14 children 2. The common wall construction design would adversely subject the adjacent resident at 27 Baypoint to more noise and vibrations, and outdoor noise could adversely impact 19 Baypoint Drive. 3. Drop-off and pick-up would be problematic in the small cul-de-sac environment. 4. Restricting outdoor time to just 1 hour in the morning and 1 hour in the afternoon seemed like too little time for children to be outside. 5. Zoning Ordinance Performance Standards were not enough to approve the project. The Commission determined that there was some discretion required to make sure a use permit could be approved in this particular location and not have impacts on surrounding properties. The revised draft Resolution is attached, with revised Findings based on the main points in support of the appeal discussed by the Commissioners. Should there be any additional points that staff missed in the findings, the Commission can direct staff to further revise the Resolution. REPORT TO PLANNING COMMISSION - Case No.: AP12-007 Page 2 Staff does note that since the formal action granting the appeal and overturning the Zoning Administrator's approval will be at this meeting; the appeal period during which anyone may appeal the Commission's decision to the City Council will start on this date (Tuesday, February 26, 2013). There is a 5 business day appeal period for a zoning action and any appeal would have to be filed by Tuesday, March 5, 2013 at 5:00 pm. Any appeal of this decision would be filed with the City Clerk's office, by paying the required appeal fee or deposit and submitting a letter stating the names of appellant(s) and the specific grounds for the appeal of the Planning Commission decision. RESOLUTION NO. RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION GRANTING AN APPEAL (AP12-007) AND OVERTURNING THE ZONING ADMINISTRATOR'S CONDITIONAL APPROVAL OF A USE PERMTI (UP12-022)TO ALLOW THE OPERATION OF A LICENSED LARGE FAMILY DAY CARE (9-14 CHILDREN MAXIMUM) IN A TWO-STORY SINGLE FAMILY TOWNHOME LOCATED AT 23 BAYPOINT DRIVE APN: 009-362-20 WHEREAS, on July 9, 2012, Maria Ramirez, operator of Ramirez Day Care, and her daughter, Leticia Arvizu (acting as the project applicant) submitted a Use Permit application (UPI2-022)to operate a licensed large family day care for 9-14 children in the two-story single family townhome at 23 Baypoint Drive; and WHEREAS, the proposed large family day care home was proposed to operate between the hours of 6:00 am to 6:00 pm, Monday through Friday; and WHEREAS, the proposed Use Permit application was reviewed by the Land Development, Traffic Engineering, Fire Prevention and Building Divisions of the City of San Rafael and was recommended for approval subject to conditions; and WHEREAS, upon review of the application, the project was determined to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and WHEREAS, the application was deemed complete for processing on August 9, 2012; and WHEREAS, on October 28, 2012, the Zoning Administrator (ZA) held a duly noticed public hearing on the proposed Use Permit, accepting all oral and written public testimony. Six members of the public were present at the hearing, raising a number of concerns and issues about the proposed day care use; and WHEREAS, following the closure of the public hearing, the ZA continued the matter to November 14, 2012 to allow neighbors an opportunity to visit the daycare and talk with the applicant; and WHEREAS, on November 14, 2012, the Zoning Administrator conducted the continued public hearing, accepting all oral and written public testimony. At the end of the hearing, the ZA conditionally approved the Use Permit (UP 12-022) allowing the operation of a licensed large family day care for 9-14 children in the two-story single family townhome at 23 Baypoint Drive, finding that the proposed project was consistent with all Performance Standards pursuant to Zoning Ordinance Section 14.17.040 (Performance Standards, Family Day Care Home, Large); and WHEREAS, notice of this decision, including transmittal of the meeting minutes and findings and conditions of approval were mailed and/or e-mailed to the applicant, the property owner, and all residents in attendance at the Zoning Administrator hearing; and EYl-ilN'l `I Filo No, AP 11? -0 } t WHEREAS, on November 21, 2012, Victoria Pollick (adjacent resident at 27 Baypoint Drive), filed a timely appeal (AP12-007) of the Zoning Administrator's conditional approval of Use Permit UPI 2-022, pursuant to Chapter 28 (Appeals) of the City's Zoning Ordinance, citing: 1) noise issues were not fully addressed; 2) noise and vibration are a problem because 23 Baypoint Drive and 27 Baypoint Drive share a common wall; 3) questions the applicant's ability to adhere to use permit conditions of approval because the current childcare is already operating with 9 children, which exceeds the limit allowed without an approved use permit; and 4) whether the operation has approval of the City of San Rafael Fire Department; and; WHEREAS, the project was scheduled and placed on the agenda for the January 29, 2013 Planning Commission and at the time of the hearing, there were only 4 Commissioners in attendance (Commissioners Lubamersky, Paul, Schaefer and Robertson); and WHEREAS, Commissioner Schaefer recused himself from this item due to potential conflict of interest, leaving 3 Commissioners. This did not constitute a quorum and therefore the item could not be heard and the Commissioners automatically continued the item to the next available hearing date (February 12, 2013); and WHEREAS, on February 12, 2013, the San Rafael Planning Commission held a duly -noticed public hearing to consider the Appeal (AP12-007), accepted and considered all oral and written public testimony and the written report of Community Development Department staff and closed said hearing on that date; and WHEREAS, The Planning Commission finds and determines that the points of the appeal could be supported for the following reasons: Appeal Point #1: We believe the noise issue has not been fully addressed. Appeal Point #2: I live in the attached residence at 27 Baypoint Drive and my letter to the owner of the unit, copy attached, is proof that the noise and vibration is a problem. Appeal Point #3: We also question the ability of the Seekers of the permit as to whether they will follow the rules set forth for their operations (i.e., they admit at the November 14"` hearing to functioning as a 9 child day care center prior to issue of the permit. Appeal Point #4: I also enclose a communication between one of my neighbors and the fire department that would seem to leave open the condition of approval by the San Rafael Fire Department. The Commission determined that due to the shared common wall design of the home at 23 Baypoint Drive and 27 Baypoint Drive, there would be increased noise impacts to the adjacent property at 27 Baypoint Drive. In addition, the close proximity of the homes in a cul-de-sac arrangement with small yards would subject neighbors to increased noise levels on a daily basis. The Commission determined that noise impacts from the introduction of 14 children to the site would be an undue burden on the adjacent neighbors and that a large family day care was an incompatible use at this particular residential location given the following: 1) shared wall townhome design; 2) cul-de-sac parking orientation; and 3) close proximity of recreational space in the private yard areas. The Commission noted that the residence at 23 Baypoint Drive was a more compatible site for a small family day care (0-8 children) and can continue to operate as such, as no Use Permit is required for small family day care and the applicant has a State license and a valid Fire Permit. LMIN (* 1 1�ile, No AP 12-007 WHEREAS, on February 12, 2013, the majority of the Commission found that the appeal did have merit and the Commission was inclined to grant the appeal, overturning the Zoning Administrator's approval. However, given that the Draft Resolution before the Commission did not reflect their intention, the Commission could not take formal action that evening; and WHEREAS, on February 12, 2013, Commissioner Lubamersky moved and Commission Wise seconded to direct staff to prepare a revised Resolution for denial and return to the next scheduled meeting. This motion was approved 5-0-1 (with Commissioner Schaeffer abstaining due to potential conflict of interest); and WHEREAS, on February 26, 2013, the Planning Commission considered the revised Resolution with the findings for granting of the appeal and overturning the approval of the Use Permit; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department; and NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission hereby grants the Appeal (12-007) and overturns the November 14, 2012 Zoning Administrator decision, conditionally approving a Use Permit (UP12-022) to allow the operation of a licensed large family day care for 9-14 children at 23 Baypoint Drive. The Planning Commission hereby grants the appeal of the Use Permit based on the following Findings: Use Permit Findings (UP12-022) The proposed large family day care project is in accord with several San Rafael General Plan Policies LU -14 (Land Use Compatibility), LU -19 (Childcare), LU -23 (Land Use Map and Categories), and NH -66 (Childcare). However, the proposed project is not in accord with San Rafael General Plan 2020 Policy NH -49 (Conflicting Uses). The Commission determined that the proposed day care use with up to 14 children was incompatible with the physical location of the house on a cul-de-sac, and small size of the cul-de-sac because: 1) the common wall construction would allow more noise impacts to the adjacent property; 2) the cul-de-sac was too small to accommodate the increase traffic for drop-off and pick-up activities of 14 children attending the large family day care; and 3) noise from outdoor daycare activities would have an adverse impact on outdoor recreational space for adjacent properties, which are in close proximity to each other. The proposed large family day care project is generally consistent with the Zoning Ordinance Performance Standards for Large Family Day Care (Section 14.17.040), however, the impact of having 14 children at the project site would not be consistent with Section 14.17.040.C.2 (Outdoor Play Area), 14.17.040.C.3 (Outdoor Activity) and 14.17.040.C.5 (Passenger Loading) in that: a) though no permanent play equipment is proposed in the required side yard, the side yard of the property will be used as a play area and the noise from the activity would have a daily adverse impact the adjacent neighbor at 19 Baypoint Drive; b) while the proposed outdoor playtime will be limited, the noise from the activity impacts the adjacent residents on a daily basis and the number of children proposed (14) is not typical of the type of noise expected on a small cul-de-sac with attached townhomes; and c) the passenger loading and unloading of potentially 14 children near the small cul-de-sac presents a safety concern for children because of limited visibility for vehicle back-up space in the driveway. 3. The proposed large family day care for 9-14 children would be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity of 23 Baypoint Drive, or to the general welfare of the City of San Rafael in that: 1) The common wall construction design between 23 Baypoint Drive and 27 Baypoint Drive would cause increase daily noise and vibrations to the residents at 27 Baypoint Drive and create an undue daily hardship on the residents; b) the daily childcare drop-off (starting at 6:30 am) and pick-up would increase activity levels in the small cul-de-sac beyond what could be typically expected in a small single family townhome environment in this particular cul-de-sac configuration; c) the increase in traffic and lack -of parking on Baypoint Drive would create a potential safety concern for both children attending the daycare and cul-de-sac residents backing out of their driveways. As such, the Planning Commission determined that the proposed location at 23 Baypoint Drive was ill-suited to accommodate large family day care for 9-14 children and would be better suited for small family day care (0-8 children). BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Rafael grants the appeal of Use Permit (UPI 2-022), thus denying the Zoning Administrator's prior approval. The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the 26`h day of February, 2013. Moved by Commissioner AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Paul A. Jensen, Secretary and seconded by SAN RAFAEL PLANNING COMMISSION Larry Paul, Chair EXFflL3'T .1 F iii, No, AP 12-00-7