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HomeMy WebLinkAboutPlanning Commission 2016-09-27 Agenda Packet AGENDA SAN RAFAEL PLANNING COMMISSION REGULAR MEETING TUESDAY, September 27, 2016, 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 1400 FIFTH AVENUE SAN RAFAEL, CALIFORNIA  Sign interpreters and assistive listening devices may be requested by calling 415/485-3085 (voice) or 415/ 485-3198 (TDD) at least 72 hours in advance. Copies of documents are available in accessible formats upon request.  Public transportation to City Hall is available though Golden Gate Transit, Line 20 or 23. Paratransit is available by calling Whistlestop Wheels at 415/454-0964.  To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products. Any records relating to an agenda item, received by a majority or more of the Agency Board less that 72 hours before the meeting, shall be available for inspection in the Community Development Department, Third Floor, 1400 Fifth Avenue, and placed with other agenda-related materials on the table in front of the Council Chamber prior to the meeting. THE PLANNING COMMISSION WILL TAKE UP NO NEW BUSINESS AFTER 11:00 P .M. AT REGULARLY SCHEDULED MEETINGS. THIS SHALL BE INTERPRETED TO MEAN THAT NO AGENDA ITEM OR OTHER BUSINESS WILL BE DISCUSSED OR ACTED UPON AFTER THE AGENDA ITEM UNDER CONSIDERATION AT 11:00 P.M. THE COMMISSION MAY SUSPEND THIS RULE TO DISCUSS AND/OR ACT UPON ANY ADDITIONAL AGENDA ITEM(S) DEEMED APPROPRIATE BY A UNANIMOUS VOTE OF THE MEMBERS PRESENT.APPEAL RIGHTS: ANY PERSON MAY FILE AN APPEAL OF THE PLANNING COMMISSION'S ACTION ON AGENDA ITEMS WITHIN FIVE BUSINESS DAYS (NORMALLY 5:00 P.M. ON THE FOLLOWING TUESDAY) AND WITHIN 10 CALENDAR DAYS OF AN ACTION ON A SUBDIVISION. AN APPEAL LETTER SHALL BE FILED WITH THE CITY CLERK, ALONG WITH AN APPEAL FEE OF $350 (FOR NON-APPLICANTS) OR A $4,476 DEPOSIT (FOR APPLICANTS) MADE PAYABLE TO THE CITY OF SAN RAFAEL, AND SHALL SET FORTH THE BASIS FOR APPEAL. THERE IS A $50.00 ADDITIONAL CHARGE FOR REQUEST FOR CONTINUATION OF AN APPEAL BY APPELLANT. Members of the public may speak on Agenda items. CALL TO ORDER PLEDGE OF ALLEGIANCE RECORDING OF MEMBERS PRESENT AND ABSENT Approval or revision of order of agenda items. PUBLIC NOTIFICATION OF MEETING PROCEDURES URGENT COMMUNICATION Anyone with an urgent communication on a topic not on the agenda may address the Commission at this time. Please notify the Community Development Director in advance. CONSENT CALENDAR 1. Minutes, September 13, 2016 PUBLIC HEARING 2. 514 Fourth Street (Marin Shakespeare) - Request for a Use Permit to re-tenant the existing 15,290 square foot retail tenant space (formerly Heller’s Baby News) to a 165 seat theatre (161 fixed seats and 4 ADA seats). Theatre performances are proposed Tuesday through Sunday, from 7:00 pm to 11:00 pm, with additional Saturday/Sunday matinee performances between 1:00 pm and 7:00 pm. Also proposed is a theatre education program offering classes and workshops on weekdays during the school year, ancillary administrative offices and a lobby café (open only during theatre hours). No exterior façade changes or building expansion is proposed; APN: 014-086-15; Commercial/Office (C/O) Zoning District; Tina W. Chan, owner; Lesley Currier, Marin Shakespeare Company, applicant; File No: UP16-016. Project Planner: Caron Parker. Environmental Review: Categorically Exempt DIRECTOR’S REPORT COMMISSION COMMUNICATION ADJOURNMENT I. Next Meeting: October 11, 2016. I, Anne Derrick, hereby certify that on Friday, September 23, 2016, I posted a notice of the September 27, 2016 Planning Commission meeting on the City of San Rafael Agenda Board.     IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL,  September 13, 2016          Regular Meeting        San Rafael Planning Commission Minutes    For a complete video of this meeting, go to http://www.cityofsanrafael.org/meetings    CALL TO ORDER   PLEDGE OF ALLEGIANCE   RECORDING OF MEMBERS PRESENT AND ABSENT    Present: Larry Paul Barrett Schaefer Mark Lubamersky Gerald Belletto Berenice Davidson Absent: Jack Robertson Also Present: Raffi Boloyan, Planning Manager Caron Parker, Associate Planner   PUBLIC NOTIFICATION OF MEETING PROCEDURES   Barrett Schaefer moved and Gerald Belletto seconded to change the order of Agenda Items and move Agenda Item #3 to Agenda Item #2. The vote is as follows:   AYES: Larry Paul, Barrett Schaefer, Mark Lubamersky, Gerald Belletto, Berenice Davidson NOES: None ABSTAIN: None ABSENT: Jack Robertson   URGENT COMMUNICATION   CONSENT CALENDAR    1. Minutes, August 23, 2016   Gerald Belletto moved and Larry Paul seconded to approve minutes as presented. The vote is as follows:           AYES: Larry Paul, Barrett Schaefer, Mark Lubamersky, Gerald Belletto, Berenice Davidson NOES: None ABSTAIN: None ABSENT: Jack Robertson   PUBLIC HEARING    3. 1203 and 1211 Lincoln Avenue (Corner of Lincoln Ave. and Mission Ave.) – Request for Time Extensions for a Vesting Tentative Condominium Map, Environmental and Design Review Permit and Use Permit approvals for a 36-unit residential condominium project, including height and state density bonus, on a 0.68-acre corner property in the Downtown area. APN: 011-184-08 and 011-183-10; High Density Residential (HR1) District; Lafayette Capital Group, Inc., owner/applicant; File No(s): TS16-003, ED16-083 and UP16-037 (Current File Numbers TS15-004, ED15-054 & UP15-023). Project Planner: Raffi Boloyan Environmental Review: Environmental Impact Report   Staff Report   Berenice Davidson moved and Larry Paul seconded to adopt resolution approving project as presented. The vote is as follows:   AYES: Larry Paul, Barrett Schaefer, Mark Lubamersky, Gerald Belletto, Berenice Davidson NOES: None ABSTAIN: None ABSENT: Jack Robertson    2. 51 Gold Hill Grade – Request(s) for Environmental and Design Review Permit, Tentative Map and Lot Line Adjustment to allow the subdivision of the existing 3.193-acre hillside parcel into 3 lots with two existing single family homes occupying Parcel 1 and Parcel 2, and a new single family home proposed for Parcel 3. The proposed Lot Line Adjustment would entail a transfer of 1,200 sf of land from 51 Gold Hill Grade (APN# 015-091-03) to 31 Gold Hill Grade (APN: 015-091-04).; R1-a (H) Single Family Residential (Hillside Overlay) Zoning District; Martin J. Coyne, owner; Ray Cassidy, applicant; File No(s): ED16- 016/TS16-001/LLA16-001/IS16-001. Dominican/Black Canyon Neighborhood. Project Planner: Caron Parker Environmental Review: Mitigated Negative Declaration   Staff Report   Commission Schaefer recused himself from this item due to a potential conflict of interest and left the room.   Gerald Belletto moved and Larry Paul seconded to adopt Resolution adopting the Mitigated Negative Declaration and MMRP with one change (correct the Resolution header to reflect it is a Resolution of the Planning Commission, not the City Council). The vote is as follows:   AYES: Larry Paul, Mark Lubamersky, Gerald Belletto, Berenice Davidson NOES: None ABSTAIN: None ABSENT: Jack Robertson and Barrett Schaefer         Berenice Davidson moved and Larry Paul seconded to adopt resolution approving the Tentative Map, Design Review Permit and Lot Line Adjustment with two changes (deleting the reference to "Major" and change the reference to "15.02" to just "Chapter 15" in Tentative Map condition #'s 11 and 14). The vote is as follows:   AYES: Larry Paul, Mark Lubamersky, Gerald Belletto, Berenice Davidson NOES: None ABSTAIN: None ABSENT: Jack Robertson and Barrett Schaefer   DIRECTOR’S REPORT   COMMISSION COMMUNICATION   ADJOURNMENT   ___________________________________ ANNE DERRICK, Administrative Assistant III APPROVED THIS_____DAY____OF_______, 2016 _____________________________________ Mark Lubamersky, Chair                           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: September 27, 2016 Agenda Item: Case Numbers: UP16-016 Project Planner: Caron Parker (415) 485-3094 REPORT TO PLANNING COMMISSION SUBJECT: 514 Fourth Street (Marin Shakespeare) - Request for a Use Permit to re-tenant the existing 15,290 sq. ft. retail tenant space (formerly Heller’s Baby News) to a 165 seat theatre (161 fixed seats and 4 ADA seats). Theatre performances are proposed Tuesday through Sunday, from 7:00 pm to 11:00 pm, with additional Saturday/Sunday matinee performances between 1:00 pm and 7:00 pm. Also proposed is a theatre education program offering classes and workshops on weekdays during the school year, ancillary administrative offices and a lobby café (open only during theatre hours). No exterior façade changes or building expansion is proposed; APN: 014-086-15; Commercial/Office (C/O) Zoning District; Tina W. Chan, owner; Lesley Currier, Marin Shakespeare Company, applicant; File No: UP16-016. EXECUTIVE SUMMARY Marin Shakespeare, a 501(c)(3) corporation, is proposing to purchase and re-tenant the existing 15,290 sq. ft. retail tenant space (including a mezzanine level) to a 165 seat indoor theatre (161 fixed seats and 4 ADA seats). A lobby café is proposed to operate during theatre hours. There is also space allotted for ancillary administrative offices, and a theatre education program offering classes and workshops. The applicant has indicated that they still have to raise funds to be able to open a theatre at the site, so most likely the initial use of the building would be for theatre education, administrative office and storage. They also propose to rent the space out to other theatre companies. While renting the space, any other theatre use would be subject to the same conditions of project approval under UP16-016. Marin Shakespeare would continue their theatre events at Forest Meadows at Dominican University, but add this project site for indoor functions. No expansion or exterior changes are proposed to the building at 514 Fourth St. The small landscaped area in front of the site and near the stairs would be upgraded with new planting. There are a total of 11 existing parking spaces on the project site (including 2 ADA spaces), however the building has a grandfathered parking right to 53 spaces (including the 11 actual spaces on site). The project site is located in a Commercial/Office (C/O) Zoning District. Theatres are a conditionally allowed use in the C/O zone subject to Planning Commission review and approval The Zoning Ordinance does not have a specific parking requirement for theaters, rather requires the submittal of a parking study to establish the parking rate. Planning staff met with Marin Shakespeare representatives early in the planning process, before they submitted a planning application. At this meeting, staff informed the applicant that a parking study would be required in order to calculate the parking demand from the proposed theatre use. Staff reviewed the concept of “grandfathered parking” on site, and directed the applicant that the final size of the theatre (including number of days/hours of operation), if approved by the Planning Commission, would be determined by both the parking demand, and the potential impact to on-street parking in the neighborhood. Staff also encouraged the applicant to meet with the neighborhood association (MARA) in order to understand possible community concerns. The applicant has met with MARA, and staff has responded to e-mail questions as well. The applicant has presented a parking study from a traffic engineer (TCE) that calculated the parking demand for this proposed project would be 53 spaces, which is within the grandfathered parking rights REPORT TO PLANNING COMMISSION - Case No: UP16-016 Page 2 limit (see Page 4 for additional discussion on grandfathered parking). As part of the Use Permit review, the adequacy of the parking can be reviewed by the City. The Department of Public Works has reviewed the parking study and concurs with the findings. Staff also considered the proposed use with respect to issues such as increased after hour activities and potential noise. Staff determined that the increase in activity would potentially bring new foot traffic to the area, which is a short walk from the restaurants at Montecito Shopping Center, where theatre patrons may decide to dine before the show. The theatre activity would occur after regular business hours, so the use would not compete with regular 9-5 businesses for on-street parking. However, staff has included Condition of Approval #13, requiring a parking contingency plan to address potential future parking impacts, should they arise. In terms of noise, the project would be required to comply with the City’s Chapter 18 Noise Ordinance. For the project site, which is adjacent to a residential zoning district, the limit for “constant” noise levels is 50 dBA daytime noise (7 am to 9 pm Sunday to Thursday, and 7 am to 10 pm Friday and Saturday), and 40 dBA for nighttime noise (9 pm to 7 am Sunday to Thursday, and 10 pm to 7 am Friday and Saturday). The applicant has not submitted any information on typical theatre sound levels, and so to ensure that the operational noise does not impact the adjacent residential units, staff is recommending Condition of Approval # 5 and #6, requiring that the building be designed with soundproofing, and that an acoustical study be submitted as part of the building permit plan set. This information would provide an analysis of the potential noise and whether theatre operations would comply with the San Rafael Municipal Code Chapter 8.13 Noise Ordinance limits. RECOMMENDATION It is recommended that the Planning Commission adopt the attached Resolution conditionally approving the proposed re-tenanting of the existing retail building with a theatre use, education classes, theatre café and administrative offices (Exhibit 1). PROPERTY FACTS Address/Location: 514 Fourth Street Parcel Number(s): 014-086-15 Property Size: 11,342 square feet Neighborhood: Montecito Area Site Characteristics General Plan Designation Zoning Designation Existing Land-Use Project Site: Retail Office Commercial/Office(C/O) Retail North: Low Density Residential (LDR) R5 Residential South: Retail/Office C/O Commercial/Office/Retail East: Retail/Office C/O Commercial West: Retail/Office C/O Commercial Site Description/Setting: The subject property is an 11,342 sq. ft. lot located on the north side of Fourth St., between Grand Ave. and Irwin St. (Exhibit 2). The site is developed with a 15,290 sq. ft. two-story building (including a 2,090 sq. ft. mezzanine). The building was previously used as a retail baby furniture store (Heller’s). Heller’s has moved out but a portion of the building (2,339 sq. ft.) is being leased by a massage business. The applicant has indicated that the massage business would vacate, contingent on sale of the building and Use Permit approval. There are currently 11 parking spaces on site. Surrounding land uses include Marin Cleaners, Thai Smile restaurant, a Veterinary Clinic, Hair Salon, office uses and a City of San Rafael storage building at 519 Fourth Street. This building will be used as a temporary location for Fire Station 52 (located at 210 Third Street) staff and equipment, during the demolition and redevelopment of Fire Station 52. This temporary use is not expected to impact parking or traffic in the area. BACKGROUND REPORT TO PLANNING COMMISSION - Case No: UP16-016 Page 3 The building was approved in 1963 as a retail commercial use. Heller’s Baby news has occupied the space since that time. Initially, Heller’s occupied a portion of the ground floor space and mezzanine as sales and stock room and rented a portion of the ground floor and second floor to other commercial and office tenants. Eventually, Heller’s expanded and took over the entire space, with the mezzanine used as a part of the retail floor display space and the second floor used as storage. Based on the building permit history, it appears 400 sq. ft. of mezzanine space was added to the building in 1979 and an interior remodel was completed in 1987 with additional mezzanine space added for storage use only. The existing site plans shows a total of 2,090 sq. ft. of mezzanine space. There are 11 existing parking spaces on site (including one ADA parking space). In October, 2015, staff responded to a Zoning Information letter for the property. Staff responded to questions about the number of “grandfathered parking” spaces for the site and the parking requirements for a possible future grocery outlet or a theatre tenant. PROJECT DESCRIPTION The proposed project would re-tenant the existing 15,290 sq. ft. retail tenant space (including a mezzanine and second floor level) to accommodate the following (see Plan Sheet A201) and applicant narrative/project description (Exhibit 3): 1. Theatre: The first floor would be designed with a 1,108 sq. ft. lobby and a 165 seat theatre (161 fixed seats and 4 ADA seats). The proposed hours of theatre operation are Tuesday through Sunday, 7:00 pm to 11:00 pm, with additional Saturday/Sunday matinee performances between 1:00 pm and 7:00 pm. The proposed 2,060 sq.ft. mezzanine level would be used for dressing rooms, storage and a proposed 334 square foot classroom. The proposed 6,190 sq. ft. second floor level would be used as theatre storage. 2. Theatre Education Program: Classes and workshops for school-age children and adults. Likely hours/day of operation for the theatre classes are Monday through Thursdays from 1:00 pm to 10:00 pm, and Saturday/Sundays from 9 am to 6 pm. There are two classroom areas proposed, one on the first floor (192 sq. ft. ) and one on the mezzanine level (334 sq. ft.), totaling 562 sq. ft. 3. Theatre Café: A 189 sq. ft. foot bistro café (also using part of the lobby area). The applicant has revised the project description to propose that the café be open only during theatre performances. 4. Administrative Office: Office space (97 sq.ft.) for Marin Shakespeare Company on the first floor. Open Monday-Friday, 9 -5 pm. 5. Rental space: The applicant is proposing to rent the space to other theatre companies, for theatre classes, or to non-profit organizations. Classes would not run concurrently with theatre performances. ANALYSIS San Rafael General Plan 2020 Consistency: Staff has evaluated the project and found it to be consistent with the following applicable General Plan 2020 Policies and Programs:  Policy LU-23 (Land Use Map): The project site has a Land Use Designation of Retail/Office. This designation allows a mixture of retail and service uses, offices and residential uses. The REPORT TO PLANNING COMMISSION - Case No: UP16-016 Page 4 proposed change from retail use to a community theatre is an appropriate land use as described in the General Plan.  Policy CD-18 (Landscaping): Recognize the unique contribution provided by landscaping, and make it a significant component of all site design. There is limited landscaping on site and much of it is old and dying. The project proposes to upgrade the landscaping along Fourth Street parking lot frontage and a smaller area near the side yard stairs with new plants.  Policy NH-51 (Existing Business Areas): Encourages redevelopment and upgrading of existing sites. The previous business has vacated the site and the project site is underutilized, with a massage business occupying only about 15% of the potential lease space. The proposed re-tenanting of the entire building with a community theatre, theatre classes, and administrative office would fully utilize the building and improve the vitality of the surrounding neighborhood.  Policy EV-2 (Seek, Retain, and Promote Businesses that Enhance San Rafael): Recruit and retain businesses that contribute to our economic vitality, thus helping to provide needed local goods, services and employment, and enhance the City’s physical environment. Marin Shakespeare Company is an established theatre company with a history of outdoor summer performances at the Dominican University campus, as well as offering internship opportunities and summer programs for students and young adults. The proposed theatre would revitalize the building and bring an established, respected business closer to downtown San Rafael. Through the Use Permit process, the City can impose conditions of approval addressing the proposed use of the building as a community theatre and identify project limits that would ensure compatibility with the existing residential and commercial uses in the neighborhood. Zoning Ordinance Consistency: Applicable Chapters of the Zoning Ordinance are discussed below: Chapter 14.05.202 - Land Use Regulations The project site is Located in a Commercial/Office (C/O) zoning district. Theatres are a conditionally permitted use in the C/O District, subject to Planning Commission review and approval. Specifically, Section 14.05.101.M states: “the commercial/office district promotes retail, office, mixed retail/office/residential uses, and cultural facilities. The proposed project qualifies as a cultural facility and in fact, already has a presence in San Rafael through summer Shakespeare performances at Dominican University. In addition, Marin Shakespeare’s Teen Touring Program, which is offered as an after-school program for middle school aged students is currently operating out of classrooms at Marin Ballet and would be able to relocate to the new space at 514 Fourth Street. Chapter 14.18 - Parking Standards The existing building was approved as a retail commercial space by the Planning Commission in 1962 and constructed in 1963. At the time, the parking requirement for the Commercial District was 1 space for every 200 sq. ft. of gross building area. However, the project was approved with a total of 9 parking spaces on site. The configuration of the approved parking was modified in 2001 as part of a Design Review Permit to install a freight elevator, and shows 12 spaces (7 of which are labelled “C” for “compact”). The current parking shows 11 spaces (including one ADA parking space). The current parking requirement for retail sales (non-bulky items) is 1:250 sq. ft. The building has a total of 13,200 sq. ft. of gross building area (excluding mezzanine space) and therefore has a current day parking requirement of 53 spaces. There are 11 existing parking spaces on the site, and as such, the site is allowed "grandfathered parking" for 53 spaces, which includes the 11 actual on-site spaces, based REPORT TO PLANNING COMMISSION - Case No: UP16-016 Page 5 on a historic retail use, and a parking requirement of 1 parking space for every 250 sq . ft. of retail building square footage. The concept of grandfathered parking is applied to many buildings in San Rafael that were approved and constructed at a time when less parking was required or the building was approved with less parking than required at the time. It basically allows new uses to occupy buildings as long as the projected parking demand does not exceed the grandfathered parking rate. Specifically, Zoning Ordinance Section 14.18.240.A states “No use of land lawfully existing on the effective date of the ordinance codified in this title shall be considered nonconforming solely because of lack of off-street parking, loading or bicycle facilities prescribed in this chapter.” The proposed use would not be considered as an “intensification” of parking demand unless the use creates a demand that exceeds the “grandfathered parking” allotment of 53 spaces. If the use does not exceed the grandfathered allotment, no additional parking would be required. As part of the Use Permit review, staff is tasked with determining the potential future parking demand for the proposed theatre. The Zoning Ordinance does not assign a parking rate for theater use - instead, a parking study is required in order to determine the expected parking demand and how many off-site parking spaces would be required. Zoning Ordinance Section 14.18.240.D states “For additions or enlargements of any existing building or use, or any change of occupancy or manner of operation that would increase the number of parking, loading or bicycle spaces required, additional parking shall be required for such addition, enlargement or change. Where parking for an existing use is substandard, improvements to improve or upgrade the parking may also be required where feasible”. The applicant submitted the required parking study by Transpedia Consulting Engineers (TCE) on March 23, 2016, which was peer reviewed by an independent consultant (W -Trans) and also reviewed by Public Work and Planning. Based on peer review comments, TCE submitted a revised parking study on August 10, 2016 (Exhibit 4). The W -Trans peer review comments on the revised TCE parking study are included in Exhibit 5. The parking requirements for the following uses are identified in the revised TCE report, and reflect the current parking requirements pursuant to Zoning Ordinance Section 14.18.040:  Administrative Office: 1 space required (rate =1:250 sq.ft. of gross building square footage).  Classrooms: 3 spaces required (rate = 1:250 sq.ft.). This use would involve mostly parent drop- off and pick-up. Classroom use would not run concurrently with theatre performances.  Coffee shop: 27 spaces required (1:50 sq.ft. of “public” area). The coffee shop (identified as “bistro” on Plan Sheet A201) is 89 sq.ft., but because patrons will get a snack at intermission and then congregate in the lobby, the total “public area” was calculated at 1,392 sq. ft. The bistro is proposed to only operate in conjunction with theatre performance hours. The total parking required for these ancillary uses would be 31 spaces, which is below the 53 “grandfathered spaces” allowed for the site. The ancillary office and classroom uses are proposed to operate when the theatre is not in use. As stand-alone uses, staff does not anticipate that these uses would have a significant demand on existing on-street parking. Future rental of the classroom spaces to outside theatre groups or non-profit organizations would be required to adhere to all conditions of approval in UP16-016. With respect to the theatre use itself, the TCE analysis was based on the Institute of Transportation Engineers (ITE) data. The ITE parking generation rate for live theatre includes a stage, backstage area, dressing rooms, audience seating and lobby area. According to the TCE report, live theatre has a parking demand of 0.32 vehicles per seat and this rate would adequately serve the proposed 165-seat theatre (165 x 0.32 = parking demand of 53 spaces). However, even within the parameters of the grandfathered parking, staff acknowledges that the proposed t heatre would increase parking demand in REPORT TO PLANNING COMMISSION - Case No: UP16-016 Page 6 the evening hours beyond the typical demand for a typical retail use. It is also acknowledged that the theatre use would require patrons to utilize on-street parking in the vicinity as a supplement to the 11 existing spaces on site. TCE conducted a parking study to determine on-street parking demand and supply in the surrounding area. The studies were conducted on three dates: Thursday, August 4, 2016, Friday, August 5, 2016 and Saturday, August 6, 2016 between 7:00 pm and 8:30 pm at seven “zones” within a 500 foot radius of the project site, generally covering the area east/west between Mary Street and Hetherton Street and north/south between Third Street and Fifth Avenue (See Exhibit 6). The report tabulated an inventory and occupancy of on-street parking. The availability parking in the seven zones studied within 500 feet of the project site between 7:00 pm – 8:30 pm ranged as follows: Date Conducted Available spaces Thursday, August 4, 2016: 66 -77 spaces Friday, August 5, 2016: 67- 75 spaces Saturday, August 6, 2016: 78 - 84 spaces Total on-street parking supply in the study area was estimated at 92 spaces. This would more than cover the “grandfathered parking” of 53 spaces on site, and shows that the study zones vicinity within 500 feet walking/driving distance of 514 Fourth Street would have sufficient on-street parking to accommodate the demand of the proposed 165 seat theatre. The peer review comments on the Parking Study (Exhibit 5) concluded that “based on the survey data, it appears that during a maximum occupancy event at the theatre there would still be more than 20 empty spaces on the seven blocks surveyed ”. Staff also has direct observations of the area over many years, both during day time and evening hours, and would characterize the supply of on-street parking spaces as ample. The residential densities in this area are low (single family and small multi-family buildings), with the adjacent properties to the north of the project site (along the south side of Fifth Avenue) zoned R5 (single family residential) and the properties to the north of the site (along the north side of Fifth Avenue zoned MR2 (multi-family). Many of the existing residential buildings have access to a garage or uncovered parking on their property. Many of the commercial businesses also have access to off-street parking on their property. This means that many existing uses are not solely reliant on public on-street parking. While there is street parking available in the study area, as shown anecdotally and in the TCE parking study, staff has also recommended that the applicant explore the possibility of valet parking. For example, possibly using the San Rafael High School parking lot, or possibly the City parking garage on B Street. The applicant has indicated that due to the conclusion from the parking study, that a total on 97 on-street parking spaces are available within 500 feet of the project site, they have decided not to submit information about valet parking, but will be prepared to discuss this at the hearing. Staff has included Use Permit Condition of Approval #13, requiring that the applicant submit an overflow parking plan to serve as a contingency if parking impacts should arise. The plan should include items such as off-site parking locations and provision of valet service and any other methods to reduce parking impacts. The parking contingency plan will be reviewed by Planning and Public Works prior to the issuance of build ing permit. Chapter 22- Use Permit Use Permits are required for uses which may be suitable only in specific locations within a zoning district or which require special consideration in their design, operation or layout to ensure compatibility with surrounding uses. The subject property has historically operated as a retail baby furniture store. REPORT TO PLANNING COMMISSION - Case No: UP16-016 Page 7 Pursuant to Zoning Ordinance Section 14.22.080, in order to grant a Use Permit, the following Findings must be made: 1. 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; 2. 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; and 3. That the proposed use complies with the applicable provisions of the Zoning Ordinance. Staff recommends that the proposed project is in accord with the General Plan, as noted above on Page 3, and is also consistent with the objectives of the Zoning Ordinance, in that: 1) the theatre use is similar to a type of “cultural facility” that is specifically called out as being promoted in the C/O Zoning District, pursuant to Section 14.05.020; 2) a theatre is a conditionally permitted use within the C/O Zoning District, and a use permit application has been submitted for review; and 3) no expansion of the existing building is proposed. Staff recommends that the proposed use would not be detrimental to the public health, safety and welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City in that: 1) the proposed use would be reviewed by the City’s Building Department prior to construction, including occupancy limits and egress; 2) the City’s Fire Prevention Division has reviewed the application and deemed the application complete to proceed with additional review at the time of building permit submittal; 3) in order to mitigate potential noise impacts, staff has included Use Permit Condition of Approval #5; and 4) staff has included Condition of Approval #13, requiring the submittal of a parking contingency plan in order address any future parking issues that may arise. Staff did receive several comments about the project, which are discussed in detail on Page 8 of this staff report. Staff recommends that the proposed use complies with each of the applicable provisions of the Zoning Ordinance in that: 1) the use, as conditionally approved, would be generally a compatible use with the mix of businesses in the general area and the C/O zoning district; and 2) the required Parking Study has been completed, peer reviewed and concluded that there was sufficient on-street parking available within 500 feet of the project site and that the available on-street parking could support the size of the theatre (165 seats) as proposed. W hile the parking demand for the proposed 165 seat theatre has been shown to be within the limits of the grandfathered parking rate, staff also reviewed the project with respect to proposed operational hours, potential impacts from classroom activities and potential noise impacts. Staff determined that the proposed classroom activities would be akin to a regular retail use in terms of day to day activities. Potential noise impacts from the theatre would be addressed by installing interior sound attenuation materials, as required by Use Permit Condition of Approval #5. The proposed number of days for theatre shows (Tuesday through Sunday) may be subject to additional scrutiny if the Commission feels this is appropriate to discuss, or based on community comments. Chapter 25 – Environmental and Design Review Permit Specific architectural design considerations include, but are not limited to the following:  Landscape design  Pedestrian-oriented design in appropriate locations There are no exterior changes proposed for the existing building. The project is generally consistent with the design criteria of Section 14.25.050 of the Zoning Ordinance in that: 1) the applicant is proposing to upgrade the existing dying landscaping along the Fourth Street frontage; 2) the site will be upgraded with code compliant ADA access, which will enhance the pedestrian experience when entering the building; and 3) while no signs are proposed at this time, the applicant has indicated that the existing freestanding sign will be re-used. Future signage would be subject to staff level administrative design review. REPORT TO PLANNING COMMISSION - Case No: UP16-016 Page 8 ENVIRONMENTAL DETERMINATION The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15301(a) which exempts interior alterations to existing facilities. NEIGHBORHOOD MEETING / CORRESPONDENCE A 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, the Montecito Area Resident’s Association (MARA), and all other interested parties 15 calendar days prior to the of this hearing. No public notice was required to be posted on the project site. A copy of the public hearing notice for this hearing is attached (Exhibit 7). To date, staff has received 3 letters of concern and one letter of support for the proposed project (Exhibit 8). Generally, the comments expressing concern were focused on the project’s potential impact on available on-street parking. The letter of support envisioned that the new theatre would be a great re-purposing for the building site, and would be a wonderful venue within walking distance of many homes on Fifth, Mission, Belle and beyond. Staff also receive comments during the project referral process from the Montecito Area Residents Association (MARA) early in the project (May 2, 2016), with concerns about the theatre use and café operations potential impact on available street parking. The café hours were subsequently revised to be open only during theatre operations. The applicant met with MARA Board on June 2, 2016 to answer questions. Staff has also had e-mail correspondence with MARA about the proposed project. MARA has indicated that after reading the staff report, they will be submitting a revised comment letter for distribution at the Planning Commission hearing. OPTIONS The Planning Commission has the following options: 1. Approve the application as presented (staff recommendation); 2. Approve the application with certain modifications, changes or additional 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. Draft Resolution 2. Vicinity Map 3. Applicant’s Narrative/Project Description, dated April 6, 2016 4. TCE Revised Parking Study, dated August 10, 2016 5. W-Trans Peer Review Comments, dated August 11, 2016 6. TCE Parking Study Area - 500 foot radius map 7. Public Notice 8. Correspondence 11” x 17” plans have been distributed to the Planning Commission only.