Loading...
HomeMy WebLinkAboutCD 23 Baypoint; Day Care FacilityCITY ®F Agenda Item No: 7.a Meeting Date: May 5, 2014 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Prepared by: _ � � City Manager Approval. —°_ ' Paul A. ensen (CP) SUBJECT: 23 Baypoint Drive — Review of a Use Permit (UP12-022) for a large family day care (9-14 children maximum) in a two-story single family townhome at 23 Baypoint Drive. The Use Permit was granted on appeal by the City Council on June 3, 2013, for a 6 -month period, to allow the daycare provider to meet with residents and discuss possible noise reduction measures. Given the lack of agreement over the effectiveness of the noise reduction measures implemented as presented at the Zoning Administrator hearing, the Use Permit is referred to the City Council for final review and action and determination of whether it should be granted; APN: 009-362-20; Planned Development (PD1562) Zoning District, Amanda McCarthy, appellant; Leticia Arvizu/Maria Ramirez, applicant; Heather Ludloff, owner; File No.: AP13-001. RECOMMENDATION: Adopt the attached Draft Resolution (Attachment 1, page 9 of this report) to grant the approval of the Use Permit (UP12-022) for a large family day care to continue, subject to additional conditions of approval for noise mitigate as agreed upon in meetings between the daycare provider and neighbors, and eliminating the 6 month time limit on the Use Permit. The recommended action would result in the approval of the Use Permit for a Large Family Day Care (9-14 children) with no expiration date. BACKGROUND: The project site is located within the Planned Development (PD1562) District; which is specific to the Baypoint Lagoon Community. The subject property is one of six, two-story single family townhomes located in a cul-de-sac on the north side of Baypoint Drive (Attachment 2, page 17 of this report). Each residence has a two -car garage and access to 4 guest parking spaces located on the east side of the cul- de-sac. Maria Ramirez has been operating a large family day care for approximately 10 children at the 23 Baypoint Drive home since July 2012. The residence at 23 Baypoint shares a common wall with the adjacent single farnily townhome at 27 Baypoint Drive. Mrs. Ramirez has been licensed by the State of California to operate a small family day care facility at different site(s) since 1994 (License # 214005252). The Ramirez Childcare Center has been operating at 23 Baypoint Drive as a large family day care serving since July 2012. The current State License allows up to 14 children with the follow ng age breakdown: 4 (infants), 2 (school age) and 3 (2-5 year olds' The daycare currer7tly serves 10 children and is open from 6:30 am to 5:00 pm Monday through Friday. This is a change from the originaliv approved hours of operation, which was 6:30 am to 6:00 pm Monday through Friday. The daily schedule includes both indoor and outdoor activities Outdoor activities are scheduled twice a day, generally in the morning between 11:00 am to 12:00 pm, and in the afternoon between 1:00 pin to 2.03 pm. Naptime typically starts at 2:00 pm. The outdoor play area is located in a FOR CITY CLERK ONLY File No.: -24 3 - _' �; - _ Council Meeting: f; / t/:2 r/ Disposition:L'''�_;` SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pal4e: 2 fenced yard area at the front of the property facing Baypoint Drive. Employees include Maria Ramirez and one assistant. The number of children at the day care can fluctuate throughout the day, based on client need and ages of the children enrolled. Neither a business license nor a Use Permit is required for small family day care (0-8 children). When Mrs. Ramirez applied for a State license for 9-14 children, the State issued the license and Mrs. Ramirez then scheduled and received a Fire Inspection to operate. However, when she applied for a business license, the planning review identified that a Use permit was required for large family day care use. PROJECT APPROVAL HISTORY: 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 (UP12-022) to operate a large family day care for 9-14 children at 23 Baypoint Drive. October 24, 2012: The Zoning Administrator (ZA) held a public hearing on the proposed project, and in order to allow neighbors an opportunity to visit the daycare and talk with the operator, the ZA did not take action on the project and continued the project to a date certain, November 14, 2012. November 14, 2012: The ZA held the second hearing on the proposed project and conditionally approved the Use Permit (UP12-022). November 21, 2012: Victoria Pollick (resident at 27 Baypoint Drive) filed an appeal of the Zoning Administrator's conditional approval of the project, 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) questioned 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) questioned whether the operation has approval of the City of San Rafael Fire Department. February 12, 2013: Planning Commission conducted a public hearing and ultimately upheld the appeal (AP12-007), thereby overturning the Zoning Administrator approval. March 5, 2013: An appeal of the Planning Commission's decision was filed by Amanda McCarthy, a parent with one child enrolled at the Ramirez Day Care. May 20, 2013: The City Council conducted a public hearing on the appeal (AP13-001) of the Planning Commission's February 26, 2013 decision to overturn the Zoning Administrator's approval of a Large Family Day Care at 23 Baypoint Drive. The Council unanimously voted to grant the appeal of Amanda McCarthy (Motion by Councilmember McCullough, second by Councilmember Connolly). Staff was directed to bring forth a revised resolution reflecting the Council's decision to uphold the appeal (AP13- 001) and grant the use permit (UP12-022) for 6 months. June 3, 2013: The revised Resolution was approved by the Council on the consent calendar. The Resolution contained specific conditions of approval approving the Use Permit for a 6 month period, requiring that the applicant (day care and their representative Ms. McCarthy) set up meetings with concerned residents to discuss noise reduction measures. June to December 2013 — Day care provider coordinated five (5) separate meetings between all concerned parties to discuss potential daycare sound reduction strategies as required by the conditions of approval. City Council Resolution 13539 (see Attachment 3. Exhibit 5, pages 45-53 of this report). stipulated in COA #3 that the day care provider. Maria Ramirez set up meetings with all concerned parties to discuss potential daycare sound reduction strategies. COA #4 stipulated that the Zoning Administrator (ZA i hold a hearing after 6 months to review all sound reduction measures implemented. Minutes from the SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 February 5, 2014 ZA hearings are included as Attachment 3 (with Exhibits 1 — 6 within this document). There have been a total of 5 meetings held between June 2013 and December 2013 (see Attachment 3, Exhibit 1, pages 27-36 of this report) to discuss sound reduction measures. The framework of the discussion began with (but was not limited to) 6 points listed below (originally suggested by the PC appellant), and included in use permit COA #3(a) as points that "may be incorporated as additional conditions of approval to ameliorate concerns": 1. Replace the doors and/or windows of the home to be more "soundless" 2. Installing an A/C system so that the windows do not need to be open when it is hot 3. Conducting a study of "comps" near other large" home daycares to determine any effect of home daycares on property value while also engaging a realtor and appraiser/broker to fully understand any implications for the future sale of your home (my understanding is that there is no difference between 8 children and 14 children) 4. Requiring a set drop-off and pick-up time "set window" to reduce any perceived impacts of these activities 5. Requiring a 6 -month or 1 -year (biannual or annual) renewal of the permit 6. Revocation of the permit if any conditions agreed to by neighbors surface Amanda McCarthy, a Ramirez Daycare parent and the appellant of the Planning Commission decision, set up and managed the meetings and sent out meeting agendas. A summary of the meeting discussions was prepared on February 14, 2014 and is included as Attachment 3, Exhibit 2, pages 37-38 of this report. Participants in the meetings included concerned neighbors (Tommie Weldon, Starr Taber, Russ Roane, Rita Laken, and David Rassas); Canal Alliance (Tom Wilson, Sandy Ponek, and Saul Godinez); Community Action Marin (Laurel Hill and one associate), the applicants (Maria Ramirez, Leticia Arvizu, and Lionel Ramirez) and the appellant (Amanda McCarthy). Members from the HOA have not participated in the meetings. The homeowner (Heather Ludloff) has given guidance to Amanda McCarthy through e-mails, but did not attend the meetings. Caron Parker, project planner, attended the first meeting only, and kept in contact with Ms. McCarthy via e-mail. Staff does note that the immediately adjacent neighbor at 27 Baypoint Drive did not participate in any of the meetings, except through a proxy (Russ Roane, 37 Baypoint Drive) who attended 2 of the five meetings. David Rassas, who also lives at 27 Baypoint Drive attended the last meeting. Ms. Pollick indicated that Mr. Rassas is away for business most of the time but does return to live at 27 Baypoint for about 6 weeks at a time before leaving again. In addition to the meetings, in August 2013, a letter was distributed in both English and Spanish to daycare parents, explaining the protocol for behavior during drop-off and pick-up (See Attachment 3, Exhibit 3, pages 39-40 of this report). Also, Lee Brenner (State License Contractor # 916001), who specializes in noise control and soundproofing, conducted an evaluation of the site (without a noise meter) and detailed his observations and suggestions about noise attenuation options in a letter dated July 10, 2013 (see Attachment 3, Exhibit 4, pages 41-44 of this report). After two meetings with neighbors (June 6 and July 11, 2013 meetings), the group agreed to and implemented (except the stepping stones) the following measures: 1. Behavior modification/good-will measures (visit the site, no u -turn or left turn at the curve, warning of dangerous roadway, walkway, and driveway). 2. Installation of stepping stones so that no parents or children walk in the shared driveway (note. the stepping stones have not been installed, as the HOA and homeowner are in dispute regarding the front yard: however, parents and children are using a dirt path in the same area and are not utilizing the shared driveway). 3. Installation of sound board (hemasote) at the shared wall downstairs. 4. Installation of 3/4 -inch rubber matting throughout the daycare and the outside play area. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 An additional three meetings were conducted as measures were implemented, to go over progress of implementation, and to seek comments on the benefit of the implemented measures (August 8, 2013, September 5, 2013, and December 19, 2013). Per City Council Resolution 13539 (see Attachment 3, Exhibit 5, pages 45-53 of this report), Use Permit condition of approval #4 stipulated that the ZA conduct a 6 month review hearing to "review the continued operation of the use and review the progress by the various parties on the noise mitigation measures implemented to address the neighbor's concerns, and determine compliance with conditions of approval, as outlined in Condition of Approval #3." The Resolution further stipulated that the ZA decision on whether to extend the Use Permit beyond the 6 - month limit shall be based on the following criteria, per Use Permit COA #4 (c) and # 4(d): • If there are no significant issues raised from the affected parties, the Zoning Administrator shall have the authority to extend the Use Permit in perpetuity and incorporate as conditions of approval any and all agreements made by the parties for continued operation of the large family day care. • If there are significant issues raised or lack of agreement, the Zoning Administrator shall refer the matter for review and action by the City Council. This may result in the non -extension of the Use Permit, requiring that the large family day care cease and operate as a small family day care (8 or fewer children) a single family home. February 5, 2014: As required by condition of approval (COA) #4 in Resolution 13539, the Zoning Administrator held a public hearing to review mitigation measures agreed upon between the daycare provider and participating residents. Staff summary of public comments is detailed in Attachment 4, pages 60-61 of report. Given that there was not complete agreement amongst neighbors, the matter was referred to the City Council for final action, as specified in the Use Permit COA #4(d). ANAYSIS: The Zoning Administrator has reviewed the neighborhood meeting notes, examined the mitigation measures discussed/agreed upon by the neighbors and implemented by the daycare provider (starting September 2013) and taken public comments at the February 5, 2014 ZA hearing (Attachment 4, pages 60-61 of this report). The ZA determined that the project could still be supported and that the Findings for approval as presented in Resolution No. 13539 are still valid. The ZA continues to support the proposed use of Large Family Day Care at 23 Baypoint Drive, given that: 1. The project is consistent with the Performance Standards regulating Large Family Day Care use with per Zoning Ordinance Section 14.14.040; Large Family Day Care (9-14 children) is subject to Performance Standards as set forth in Section 14.17.040 of the San Rafael Zoning Ordinance. The specific purpose of the performance standard is to "provide criteria for issuing administrative use permits and certain other use permits. The performance standards listed in this section are intended to explicitly describe the required location; configuration, design, amenities and operation of specified uses. The performance standards also mitigate potential adverse impacts on the neighborhood and maintain harmonious uses in the area. The performance standards are consistent with the goals and policies of the general plan. " The standards in Section 14.17.040.0 and ZA analysis is presented in the Table below: Table 1: Performance Standards Large Family Day Care Standard Analysis 1. Fences and Walls. For purposes of noise The proposed large family day care is located—in— abatement, ocatedinabatement, a six foot (6') high solid fence shall an existing single family home with an existing be constructed on rear and side yards. Fences fence in place along the Baypoint Drive frontage may not exceed the fence height limit within the and the side yard. There are no changes re_ uq ired front yard. All fences shall provide for _ pro osed to the color or design of the existing 6 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 safety with controlled points of entry. Materials, foot high fence between 23 Baypoint Drive and textures and colors and design of the fence or 19 Baypoint Drive. The fence is designed with a wall shall be compatible with on-site latch to control entry from the front yard. development and adjacent properties. 2. Outdoor Play Area. For purposes of No stationary play equipment is proposed in the controlling noise and maintaining the privacy of required side yard. The outdoor play area is neighbors, any stationary play equipment shall located on the portion of the lot fronting along not be located in required side yards. Baypoint Drive and consists of small push toys and toddler -sized plastic movable play toys. 3. Outdoor Activity. For the purposes of noise Although the performance standards allow abatement, outdoor activities may only be outdoor activities anytime between 7:OOam to conducted between the hours of seven a.m. 9:OOpm., the day care is proposing outdoor play (7:00 a.m.) to nine p.m. (9:00 p.m.). for two hours a day; once in the morning (11:00 am to noon) and once in the afternoon (1:30 pm to 2:30 pm). The proposed hours are within the limits stipulated by this performance standard and as such, would minimize noise impacts. Condition of approval #6 memorializes this limitation to allow only two hours of outdoor play in the front yard of the house. The condition #6 does not limit the operator from taking children off-site for outdoor play at other times during the day. 4. Parking. On-site parking for large family day The existing home has a two -car garage thereby care homes shall not be required except for that meeting the requirement for 2 spaces. At the required for the residential use. A minimum of request of neighbors, daycare clients will utilize two (2) spaces is required in all cases. on -street parking for drop-off and pick-up and will not use guest parking spaces or park in front of the garage. 5. Passenger Loading. A passenger loading The proposed passenger loading plan (on -street plan approved by the city traffic engineer shall parking along Baypoint Drive) was reviewed and be required. approved by the City's Traffic Division. 6. Lighting. Passenger loading areas shall be No additional lighting was proposed as part of illuminated to the satisfaction of the police the project. The existing lighting on site will not department. The lighting shall be directed away from adjacent properties and shall be of be altered. comparable intensity compatible with the neighborhood. 7. State and Other Licensing. All family day care facilities shall be state licensed and shall be operated according to all applicable state and local regulations. The subject home day care facility has a valid license from the State of California Community Care Licensing Department (License #214005252). This is the Department that holds _regulatory authority over licensing day cares__' The property is consistent with the following General Plan 2020 Policies specifically related to encourage and support childcare: LU -19 (Childcare): Plan for and encourage the development of new and the retention of existing childcare centers to meet neighborhood and citywide childcare needs. In conjunction with the SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6 school districts, encourage continuation of childcare programs at school sites because of their suitability for such uses and convenient locations in residential neighborhoods. NH -11 (Needed Neighborhood Serving Uses): Give priority to "needed neighborhood serving uses". Childcare is listed as an example. NH -66 (Childcare) Provide more affordable, quality, childcare facilities that support the community. 3. In terms of noise impacts, the ZA determined that the sound of children playing and singing is considered to be within the range of sounds expected in a typical neighborhood. As such, the project does not exceed the Noise Ordinance thresholds for indoor or outdoor noise levels. Further, the impact of most ambient sounds varies from person to person and is difficult to quantify. The ZA understood the concerns expressed by the adjacent property owner at 27 Baypoint Drive, particularly with respect to the impact of potentially having 14 children on site. The applicant has indicated that it is rare that the day care would have 14 children on site all day long, and that the number and age of the children will fluctuate based on client need. The applicant also stated that the day care operation is structured such that children would be supervised with ample activities, most of which occur indoors. The applicant indicated that children would be walked to nearby local parks and that the children would not be running and screaming outside for prolonged periods of time. Use Permit condition of approval #6 limits outdoor play activity in the front yard of the site to 2 hours period day, generally between 11:00am and noon and 1:30pm and 2:30pm. The ZA determined that while some increased noise is certainly expected from the day care use, the intermittent nature of the noise would not cause undue hardship on residents in the area. The day care facility has been in operation since July 2012 and no complaints have been reported to City staff. Furthermore, staff has offered to visit the adjacent neighbors home at 27 Baypoint to assess noise, but never received a response to the offer. Further, the day care facility is required to operate within the Use Permit conditions of approval, including the limitation on outdoor play hours/times and compliance with the City's Noise Ordinance. If the use permit conditions are violated, the City can pursue enforcement action, fines and ultimately a review and/or revocation of the Use Permit. Furthermore, the issue of noise was the main topic in the 6 month review period and the 5 meetings that the daycare hosted with neighbors and community groups. During those meeting, the applicant met with neighbors and has since implemented 2 specific noise reduction measures on the project site: a) installation of hemasote soundboard on the common wall; and b) installation of rubber flooring (both inside and outside on the patio area). These two measures have been installed since September 2013 and are required for continued compliance of this day care (Use Permit condition of approval #4). In addition, the parties agreed to install stepping stones as a path to the front door, thereby eliminating the need for children to walk in the cul-de-sac and driveway area. This preferred route to access the front door at 23 Baypoint was requested by the cul-de-sac residents who were concerned about children being hit by vehicles backing out of the driveways. However, this measure has not been installed, since the change requires approval of the Home Owners Association (HOA). While the property owner supports this change, there has been no agreement between the property owner and the HOA to implement this change. Residents stated at the ZA hearing that they moved to the cul-de-sac because it was quiet and had no children. However, this is not something that can be guaranteed in perpetuity. The Zoning Ordinance does allow large family day care with a conditional use permit in all residential zoning districts and does not restrict the type of residence (single family or multi -family) nor the street configuration. For example, large family day care facilities are conditionally permitted in multi -family zoning districts (i.e.... apartments), which arguable could have less land area than a single family lot configuration. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7 4. A total of 14 people spoke in support of the day care use. None live near the project site. Out of the 6 people who spoke in opposition to the project, only one (27 Baypoint Drive) lives close to the site and also shares a common wall. 5. The adjacent property owners (19 Baypoint Drive and 27 Baypoint Drive) work outside of the home during the majority of the daytime hours the daycare is in operation. The ZA pointed out that it is the goal of the City to balance all interests. Childcare is much needed, and noise is regulated through Chapter 8.13 in the Municipal Code. It is unlikely that the daycare use exceeds the Noise Ordinance thresholds in Chapter 8.13, however, the ZA pointed out that the concept of noise is different for each person and therefore it is difficult to find an acceptable noise level that everyone can agree upon. Still, the daycare use does not trigger or exceed the noise ordinance and mitigation measures have been agreed upon and implemented. This is a positive step. However, through the public review process, noise from the daycare has continued to be an issue for the adjacent neighbor at 27 Baypoint Drive. Other neighbors sympathized with the adjacent neighbor, but stated that they are not directly impacted by the daycare. Sound reduction measures have been in place at 23 Baypoint Drive since September 2013. While Planning staff has received no direct complaints, 6 neighbors in attendance at the February 5, 2014 ZA hearing, including the adjacent property owner at 27 Baypoint Drive spoke in opposition to the daycare use and expressed concern about continued noise (see Attachment 4, pages 60-61 of this report): staff summary of public comments at the February 5, 2014 ZA hearing). The ZA indicated that he appreciated the efforts by those who participated on both sides of the issue, but unfortunately, since there was no compromise reached, the ZA could not take an action. Per City Council Resolution 13539, COA #4(d), the matter was referred back to the City Council for final review and action. PUBLIC CORRESPONDENCE: All correspondence received prior to the ZA hearing on February 5 2014, is included as Attachment 3, Exhibit 6, pages 54-59 of this report. Staff summary of the public comments made during the February 5, 2014 ZA hearing are provided as Attachment 4, pages 60-61 of this report. Comments received as a result of the noticing or this City Council hearing, are provided in Attachment 6, pages 63-66 of this report. These include a letter from Canal Alliance, supporting the use and a letter from Amanda McCarthy, providing her responses to the public comments that were raised at the ZA hearing. Any additional letters received after the reproduction and distribution of this staff report will be provided to the Council under separate cover. CONCLUSION: Staff continues to recommend that the Ramirez Large Family Day Care is operating within the parameters of the current requirements set forth in the Performance Standards for Large Family Day Care per Zoning Ordinance Section 14.17.040. While staff understands neighbor concerns, the recommendation is made that on balance, except for the noise issues raised by the adjacent neighbor, the proposed use would be largely compatible with the surrounding uses in the cul-de-sac and neighborhood at large. Staff finds that the potential noise impacts and activities associated with the large family day care in this specific project location do not rise to a level that is incompatible with existing residential uses and activities that can be expected in a residential area. As such. the proposed project would not be materially injurious to properties or improvements in the vicinity. However, as there was no agreement that the mitigation measures implemented have solved the noise issue for the adjacent neighbor. per Resolution 13539, COA #4(d), the matter must be brought back to the Council for review and action. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8 OPTIONS: The City Council has the following options: 1. Adopt a Resolution granting the Use Permit and eliminating the 6 month Use Permit limit, extending the Use Permit approval for UP12-022 without a time limit, and adding as conditions of approval the noise reduction measures already implemented on site (Staff Recommendation). 2. Adopt a Resolution with further modifications, changes or additional conditions of approval. 3. Continue the hearing to allow the applicant, appellant(s) or staff to address any comments or concerns of the Council. 4. Deny the Use Permit, thereby reducing the number of allowable children from a maximum of 14 to a maximum of 8 children, and direct staff to return with a revised Resolution containing findings for denial. ACTION REQUIRED: It is recommended that the City Council adopt the attached Resolution approving Use Permit (UP12-022) for a large family day care home use at 23 Baypoint Drive (Attachment 1). ATTACHMENTS: 1. Draft Resolution 2. Project Vicinity Map Page # 9 17 3. Zoning Administrator hearing minutes, February 5, 2014 18 Exhibit 1 — Meeting notes from neighborhood meetings 27 Exhibit 2 — Letter form Amanda McCarthy, 2/2/14 Mediation summary 37 Exhibit 3 — Letter to parents of day care, 8/26/13 39 Exhibit 4 — Letter from Lee Brenner, 7/9/13 re noise evaluation 41 Exhibit 5 — City Council Resolution 13539, granting appeal and overturning 45 Planning Commission decision, thereby granting Use Permit for month period Exhibit 6 — Written Public Comments received prior to 2/5/13 ZA hearing 54 4. Public Comment at February 5, 2014 ZA hearing 60 5. Public hearing notice 62 6. Public correspondence received after the February 5, 2014 ZA hearing and 63 prior to this Council hearing SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 9 This Page Intentionally Left Blank RESOLUTION NO. 13722 A RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL GRANTING APPROVAL 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 AT 23 BAYPOINT DRIVE (APN: 009-362-20) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 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, 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, the proposed minor interior alterations and operation of a large family day care use at 23 Baypoint Drive is exempt from review under the California Environmental Quality Act (CEQA), pursuant to Section 15301 a (Existing Facilities) of the CEQA Guidelines; 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 (UP12-022) 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 WHEREAS, on November 21, 2012, Victoria Pollick (adjacent resident at 27 Baypoint Drive), filed a timely appeal (AP 12-007) of the Zoning Administrator's conditional approval of Use Permit UP 12-022, 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 meeting 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 appeal was automatically continued to the next available Planning Commission meeting 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 (AP 12-007), 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, 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, thus 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 Commissioner Wise seconded to direct staff to prepare a revised Resolution granting the appeal, thus over -turning the ZA's approval and return the revised Resolution to their 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 findings for the granting of the appeal and over -turning the Zoning Administrator's approval of the Use Permit. Following closure of the public hearing, the Planning Commission granted the appeal and overturned the Zoning Administrator approval of Use Permit (UP12-022). Commissioner Robertson moved and Commissioner Lubamersky seconded to adopt Resolution 13- 03, granting the appeal and overturning the Zoning Administrator's approval. This motion carried by a vote of 5-0-2 (with Commissioner Belleto recusing himself since he was not appointed to the Commission at the February 12`h meeting and Commissioner Schaefer abstaining due to potential conflict of interest), based on Findings that the proposed project would create too much noise for adjacent neighbors due to the shared common wall townhome design and the cul-de-sac parking arrangement; and WHEREAS, on March 5, 2013, within the statutory 5 day appeal period, Amanda McCarthy. a resident of San Rafael and parent of a child at the Ramirez family daycare, filed an appeal (AP 13-001) of the Planning Commission's action, pursuant to the provisions of San Rafael Municipal Code Chapter 14.28, citing four points of appeal and requesting that the City Council reverse the February 26, 2013 decision of the Planning Commission; and WHEREAS, on May 20, 2013, the City Council held a duly -noticed public hearing to consider the Appeal (AP 13-001), accepted and considered all oral and written public testimony and 2 the written report of the Community Development Department staff and closed said hearing on that date; and WHEREAS, following the closure of the public hearing, the City Council discussed the appeal points and the proposal, ultimately voting unanimously to direct staff to prepare a revised Resolution, granting the appeal of the Planning Commission's decision, thereby over -turning the Planning Commission decision to overturn the (AP 12-007) Zoning Administrator's approval of Use Permit (UP12-022). The Council further recommended that the approval include a condition of approval of the Use Permit (UP 12-022) to limit the approval for a period of 6 months, during which time the daycare provider, concerned residents and Community Action Marin staff will meet and confer to address resident concerns about noise, privacy and parking. At the end of the 6 month period, the matter will return to City staff for review and if significant noise or traffic issues are found, the Use Permit may be revoked; and WHEREAS, on June 3, 2013, the City Council considered the revised Resolution to reflect their direction from the May 20, 2013 to grant the appeal and overturn the February 26, 2013 Planning Commission decision, including the appropriate findings and conditions of approval, and voted unanimously to adopt City Council Resolution No. 13539; and WHEREAS, on February 5, 2014, per City Council Resolution No. 13539, Condition of Approval #4, the Zoning Administrator held a duly noticed public hearing to review noise mitigation measures agreed to and implemented at the daycare site as well as review the meetings that the applicant conducted with the neighbors and the neighborhood group; and WHEREAS, based on public testimony, despite mitigation measures implemented, the adjacent common wall neighbor at 27 Baypoint Dr. was still concerned about noise impacts and therefore, per COA # 4(d) in Resolution No. 13539, the Zoning Administrator was unable to approve Use Permit (UPI2-022)and the item was referred back to the City Council for review and final action; and WHEREAS, on May 5, 2014, the City Council held a duly noticed public hearing to review the mitigation measures implemented, and accepted all oral and written public testimony; and WHEREAS, the time within which to seek judicial review of this decision is governed by Code of Civil Procedure Section 1094.6; 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, the City Council hereby rescinds the prior 6 month approval granted through the adoption of Resolution No. 13539 and grants conditional approval of Use Permit (UPI2-022)for a Large Family Day Care use at 23 Baypoint Drive based . on the following Findings, USE PERMIT FINDINGS (UP12-022) 1. The Council finds that the proposed large family day care use, as conditioned, is in accordance with the City of San Rafael General Plan 2020, the objectives of Title 14 of the City of San Rafael Municipal Code (the Zoning Ordinance), and the purposes of the Planned Development (PD 1562) Zoning District in which the site is located in that: a) The child care service use is consistent with General Plan Policies LU -14 (Land Use Compatibility), LU -19 (Childcare), LU -23 (Land Use Map and Categories), NH -49 (Conflicting Uses), and NH -66 (Childcare). Child care facilities, especially in the home setting, are encouraged in order to meet day care needs and provide affordable opportunities for child care (LU -19 and NH -66). Large day care facilities are allowed in the residential land use designations (LU -23), and specifically listed in General Plan Exhibit 11 as a possible land use, subject to the performance standards. Performance standards have been developed in the Zoning Ordinance to minimize potential nuisance effects of large family home day care facilities in order that the facilities are able to be consistent with Policies LU -14 and NH -49; b) Large family day care is a conditionally allowable use in the Planned Development Zoning District; and c) The proposed large family day care meets the performance standards per Zoning Ordinance Section 14.17.040, including a license from the State of California (License #214005252). 2. The proposed large family day care use, as conditioned, would not 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: a) The proposed project is a conditionally allowed use under the Zoning Ordinance; b) The proposed project does not propose any exterior changes to the building or expansion to the building; c) The proposed project has been reviewed by appropriate City Departments and appropriate HOA; d) The proposed passenger loading plan was approved by the Traffic Division. Resident concerns expressed about traffic safety along Baypoint Drive were not specifically associated with the proposed daycare use, but related to general traffic concerns in the existing neighborhood and have been addressed through the Traffic Engineering Division; the day care use would comply with the City's established performance standard contained in Section 14.17.040 of the Zoning Ordinance; and e) Conditions of approval have been applied to minimize potential impacts identified by concerned neighbors, including COA #3, which prohibits parking in the cul-de-sac area and guest parking spaces, and COA #4, which memorializes sound reduction mitigation measures. Furthermore, based on concerns expressed about noise during the Council public hearing on May 20, 2013, the Council directed the daycare provider to meet with concerned residents to review possible noise reduction measures. The daycare provider organized 5 meetings with residents and other interested parties. As a result of meetings between concerned neighbors and the daycare provider, the following additional noise reduction measures were implemented in September 2013: a) installation of "hemasote" sound board along the downstairs shared wall; b) installation of 3/4 inch rubber matting on the interior floor and the exterior patio; and c) behavior modification/good-will measures (visit the site, no u -turn or left turn at the curve, warning of dangerous roadway, walkway, and driveway). 4 In addition, an evaluation by a contractor, specializing in noise control and soundproofing,, Lee Brenner (State License Contractor # 916001), conducted an evaluation of the site (without a noise meter). The contractor detailed his observations and suggestions about noise attenuation options in a letter dated July 10, 2013 (see City Council staff report, Attachment 3, Exhibit 4). The use of stepping stones was also discussed and agreed upon, but require HOA approval prior to installation. At this time, daycare families are walking along future proposed location of the steeping stone path instead of using the sidewalk and cul-de-sac entrance to 23 Baypoint Drive. Despite these measures, the adjacent neighbor at 27 Baypoint Drive continues to identify noise from the daycare use as a noise problem at her adjacent property. The Council understands the concerns expressed by the adjacent property owner, particularly with respect to the impact of potentially having 14 children on site. However, based on information on the use, submitted by the applicant, it is rare that the day care would have 14 children on site all day long, and that the number and age of the children will fluctuate based on client need. The applicant has stated that the day care operation is structured such that children would be supervised with ample activities and nap time, most of which occur indoors. The applicant indicated that children would be walked to nearby local parks and that the children would not be running and screaming outside for prolonged periods of time. The Council finds that while some increased noise is certainly expected from the day care use, the intermittent nature of the noise would not cause undue hardship on residents in the area. Further, the day care facility is required to operate within the use permit conditions of approval. If the use permit conditions are violated, the City can pursue enforcement action, fines and ultimately revocation of the use permit. The proposed use does comply with all performance standards stipulated in Zoning Ordinance Section 14.17.040 which are specifically established to minimize potential impacts of large family day care facilities on surrounding properties. While the proposed use is located in a cul-de-sac area, the residence at 23 Baypoint Drive is in an optimal location (first house on the cul-de-sac, facing the street) to minimize impacts on neighbors recreational space. Again, the outdoor play area fronts on Baypoint Drive which is adjacent to the front yard of the adjacent property at 19 Baypoint Drive, not the rear recreational space. The daycare provider has made changes to the ingress/egress, parking and interior noise reduction to mitigate the perceived noise impact. The Zoning Ordinance does allow large family day care with a conditional use permit in all residential zoning districts and does not restrict the type of residence (single family or multi -family) nor the street configuration. For example, large family day care facilities are conditionally permitted in multi -family zoning districts (i.e., apartments), which arguably could have less land area than a single family lot configuration. It is determined that the subject large family day care proposing to operate at the 23 Baypoint Drive residence is within the parameters of what is required per Zoning Ordinance Section 14.17.040. Further, the potential noise impacts and activities associated with the large family day care in this specific project location do not rise to a level that is incompatible with existing residential uses and activities that can typically be expected in a residential area. As such, the Council finds that the proposed project would not be materially injurious to properties or improvements in the vicinity. 3. The proposed child care service (as conditioned) complies with each of the applicable provisions of the Zoning Ordinance because it has been reviewed by the Zoning Administrator and City Council and found to be a conditionally allowable use in the Planned Development Zoning District pursuant to Zoning Code Section 14.04.020. Further, the proposed project would meet the applicable requirements under the Performance Standards for Large Family Day Care in Section 14.17.040 of the Zoning Ordinance. Further, the City Council determined that it is the goal of the City to balance all interests. Childcare is much needed, and noise is regulated through Chapter 8.13 in the Municipal Code. It is unlikely that the daycare use exceeds the Noise Ordinance thresholds in Chapter 8.13, however, the Council recognizes that the concept of noise is different for each person and therefore it is difficult to find an acceptable noise level that everyone can agree upon. Still, the daycare use does not trigger or exceed the noise ordinance and mitigation measures have been agreed upon and implemented. This is a positive step. The Council recognizes that the Ramirez Large Family Day Care is operating within the parameters of the specific requirements set forth in the Performance Standards for Large Family Day Care per Zoning Ordinance Section 14.17.040. NOW, THEREFORE, BE IT FURTHER RESOLVED, the City Council hereby approved the Use Permit (UPI2-022)for a Large Family Day Care use at 23 Baypoint Drive, subject to the following conditions of approval: USE PERMIT (UP12-022) CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Except as modified by these conditions of approval, this Use Permit (UP12-022) approves a large family day care facility for up to a maximum of 14 children. Hours of operation for drop off and pick up shall be between the hours of 6:30 am to 5:00 pm, Monday through Friday. Outdoor playtime is limited to I hour in the morning (generally between 11:00 am — 12:00 pm) and 1 hour in the afternoon (generally between 1:30 pm — 2:30 pm). Any increase in the hours of operation or increase in the amount of outdoor playtime would require an amendment to Use Permit (UP 12-022). 2. The subject property shall be used in substantial conformance with the floor plans and parking/loading plans submitted and stamped Approved May 5, 2014, and shall be the same as required for issuance of a building permit (if necessary), subject to the listed conditions of approval. The applicant shall inform clients in writing (printed in both English and Spanish, or any appropriate language required by the client) that the approved parking and loading plan is located along Baypoint Drive and no client parking is allowed in the garage driveway apron, the cul-de-sac, or guest parking spaces in the cul-de-sac. A copy of the parking and loading plan instructions to clients shall be forwarded to the Planning Division. 4. The following sound mitigation measures agreed to by the daycare provider shall continue to be required as part of daycare operations at 23 Baypoint Drive: a. Installation of sound board (hemasote) at the shared wall downstairs. b. Installation of'i4-inch rubber matting throughout the daycare and the outside play area. c. Installation of stepping stones from the Baypoint sidewalk to the front entry door so that no parents or children walk in the shared driveway (implementation is contingent on HOA approval first). 5. No accessory structure over 80 square feet is allowed in the side yard of the property. No stationary play equipment shall be located in required side yards. 6. Although the Performance standards for large family day care uses allow outdoor activities on the site between the hours of 7:00 am and 9:00 pm., this Use Permit shall limit outdoor play activities to the applicant's project description, which limits outdoor play activities on site to twice a day for 1 hour each time, generally between the hours of 11:00am to 12:00pm and 1:30pm to 2:30pm. This condition does not prohibit the day care from taking children off site for outdoor play at other days during their allowable hours of operation. 7. All requirements of the San Rafael Municipal Code and of the implementing zone classification of Planned Development (PD 1562) for the subject property must be complied with unless set forth in the permit and by the conditions of approval. 8. The approval of this permit shall be contingent on approval by the San Rafael Fire Department. Any changes resulting from requirements of the San Rafael Fire Department shall be submitted to the Community Development Department for review and approval prior to commencement of construction. 9. Minor modifications or revisions to the project shall be subject to review and approval of the Community Development Department, Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the original decision making body, the Zoning Administrator. 10. The applicant shall comply with all applicable requirements of the City, County, State, and other responsible agencies. 11. This Use Permit (UP12-022) shall run with the land and is only valid as long as the facility maintains a valid license from the State of California as a Family Day Care Home. The day care is currently approved by the State of California under Facility # 214005252. 12. The operation of a large family day care shall maintain a valid City of San Rafael business license. 13. Any new child care service other than the existing approved Ramirez Child Care Services at 23 Baypoint Drive would require an amendment to Use Permit UP12-022. Such an amendment review shall be done at the Zoning Administrator level, with required public notice. 14. Noise from the large family day care use shall be subject to the daytime noise limits contained in City's Noise Ordinance (SRMC 8.13). Noise exceeding the noise ordinance standards shall allow the City to call the Use Pen -nit up for review. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 5th day of May 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk Project Vicinity Map - 23 Baypoint Drive SCALE 1 :361 20 0 20 40 60 FEET ;1 REGULAR MEETING CITY OF SAN RAFAEL ZONING ADMINISTRATOR February 5, 2014 Minutes and Action 23 Baypoint Drive — Zoning Administrator (ZA) review of noise mitigation measures for the operation of a licensed large family day care (9-14 children maximum) in the two-story single family home at 23 Baypoint Drive. Proposed hours of operation are Monday through Friday between 6:00 am — 6:00 pm; APN # 009-362-20; Planned Development (PD 1562) Zoning District; Heather Ludloff, owner; Leticia Arvizu, applicant; File No: UP 12-022. BACKGROUND The subject property is a 1,900 square foot single family townhome located in a cul-de-sac on the north side of Baypoint Drive. The residence has a two -car garage and access to 4 guest parking spaces located on the east side of the cul-de-sac. The proposed facility has been reviewed by the State of California and has received a licensed to care for up to 14 children (License # 2142005252). Mrs. Ramirez has been licensed by the State of California to operate a day care facility since 1994. On November 14, 2012 the Zoning Administrator conditionally approved a use permit (UP 12-022) for a large family day care to operate at 23 Baypoint Drive. This decision was appealed to the Planning Commission (AP12-007), which granted the appeal. The Commission's decision was appealed (AP13-001) and overturned by the City Council, at which time, the Council voted to grant the use permit for 6 months and directed the applicant to work with neighbors to find solutions to potential noise issues, and directed staff to hold a ZA hearing at the end of 6 months to review noise mitigation measures proposed by the day care provider. After the City Council hearing, the day care provider, Maria Ramirez worked with Amanda McCarthy (PC appellant) to set up a meeting of all concerned parties to discuss potential noise attenuation strategies. There have been a total of 5 meetings held between June 2013 and January 2014 to discuss noise mitigation measures (See Exhibit 1: Meeting Notes, with attendees identified). The framework of the discussion began with (but was not limited to) 6 points listed below (originally suggested by the PC appellant), and included in use permit COA #3 as points that "may be incorporated as additional conditions of approval to ameliorate concerns." 1. Replace the doors and/or windows of the home to be more "soundless" 2. Installing an A/C system so that the windows do not need to be open when it is hot 3. Conducting a study of "comps" near other large" home daycares to determine any effect of home daycares on property value while also engaging a realtor and appraiser/broker to fully understand any implications for the future sale of your home (my understanding is that there is no difference between children and 14 children) 4. Requiring a set drop-off and pick-up time "set window" to reduce any perceived impacts of these activities 5. Requiring a 6 -month or 1 -year (biannual or annual) renewal of the permit 6. Revocation of the permit if any conditions agreed to by neighbors surface Amanda McCarthy, parent and PC appellant took the lead in setting up the meetings, sending out agendas, and distributing a summary of the meeting discussions ( See Exhibit 2: meeting summary-). Caron Parker, project planner, attended the first meeting only, and kept in contact with Ms. McCarthy via e-mail. In addition to the 23 Baypoint Drive Re: UP 12-022 Hearing Date: February 5, 2014 meetings, in August 2013, a letter was distributed in English and Spanish to daycare parents, explaining the protocol for behavior during drop-off and pick-up (Exhibit 3). Also, Lee Brenner (State License Contractor # 916001), who specializes in noise control and soundproofing, conducted an evaluation of the site (without a noise meter). The contractor detailed his observations and suggestions about noise attenuation options in a letter dated July 10, 2013 (Exhibit 4). Participants in the meetings included concerned neighbors (Tommie Weldon, Starr Taber, Russ Rhone, Rita Laken, and David Rassas); the Canal Alliance (Tom Wilson, Sandy Ponek, and Saul Godinez); Community Action Marin (Laurel Hill and one associate), the applicants (Maria Ramirez, Leticia Arvizu, and Lionel Ramirez) and PC appellant (Amanda McCarthy). Members from the HOA have not participated in the meetings. The homeowner (Heather Ludloff) has given guidance to Amanda McCarthy through e-mails, but did not attend the meetings. After two meetings with neighbors, the group agreed to and implemented the following noise reduction measures: 1. Behavior modification/good-will measures (visit the site, no u -turn or left turn at the curve, warning of dangerous roadway, walkway, and driveway). 2. Installation of stepping stones so that no parents or children walk in the shared driveway (note, the stepping stones have not been installed, as the HOA and homeowner are in dispute regarding the front yard; however, parents and children are using a dirt path in the same area and are not utilizing the shared driveway). 3. Installation of sound board (hemasote) at the shared wall downstairs. 4. Installation of 3/4 -inch rubber matting throughout the daycare and the outside play area. An additional three meetings were conducted as measures were implemented, to go over progress of implementation, and to seek comments on the benefit of the implemented measures. Per City Council Resolution 13539 (See Exhibit 5) Use Permit Condition of Approval #4, the ZA shall hold a 6 month review hearing to "review the continued operation of the use and review the progress by the various parties on the implementing measures address the neighbors concerns and determine compliance with conditions of approval, as outlined in Condition of Approval 0." The ZA decision on whether to approve the use permit shall be based on the following criteria, per use permit COA #4 (c) and # 4(d): • If there are no significant issues raised from the affected parties, the Zoning Administrator shall have the authority to extend the Use Permit in perpetuity and incorporate as conditions of approval any and all agreements made by the parties for continued operation of the large family day care. • If there are significant issues raised or lack of agreement, the Zoning Administrator shall refer the matter for review and action by the City Council. This may result in the non -extension of the Use Permit, requiring that the large family day care cease and operate as a small family day care (8 or fewer children) a single family home. SRZA Minutes 2.5.14 23 Baypoint Drive Re: UP 12-022 Hearing Date: February 5, 2014 PROJECT DESCRIPTION Required Entitlements: Pursuant to the San Rafael Municipal Code (SRMC) Section 14.04.020, a Conditional Use Permit at the Zoning Administrator level is required for a "large family day care" use (defined as 9-14 children). The applicant requests approval of UP 12-022 to allow the operation of a daycare for up to 14 children. Proposed Project: The proposed project would be the operation of the Ramirez Family Day Care, an in-home child care service for both'pre-school and school-age children. Childcare would be offered from 6:30 am to 6:00 pm Monday through Friday. Employees include Maria Ramirez and one assistant. Currently Ms. Ramirez provides in-home child care to 9 children. That number fluctuates based on client need. There are no proposed additions to the existing building footprint or height. Development Standards: Large Family Day Care is subject to Performance Standards in Section 14.17.040 of the San Rafael Zoning Ordinance. The specific purpose of the performance standard is to "provide criteria for issuing administrative use permits and certain other use permits. The performance standards listed in this section are intended to explicitly describe the required location, configuration, design, amenities and operation of specified uses. The performance standards also mitigate potential adverse impacts on the neighborhood and maintain harmonious uses in the area. The performance standards are consistent with the goals and policies of the general plan. " The standards in Section 14.17.040.0 state the following: 1) a 6 foot high noise abatement fence is required in the side and rear yards area; (2) outdoor stationary play equipment may not be located in required side yards; (3) outdoor activities may only be conducted between the hours of 7:00 am to 9:00 pm; (4) no on-site parking required, except that the residence must have a minimum of 2 spaces; (5) passenger loading plan must be approved by the City Traffic Engineer; (6) passenger loading must be illuminated to the satisfaction of the police department; and (7) all family day care facilities shall be licensed. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA), an environmental review is required to evaluate the environmental impacts of the proposed project. It has been determined this project is exempt per Article 19 Categorical Exemptions; Section 15301 Existing Facilities Class 1 whereas the proposed project: 1) entails interior alterations only; 2) the project has been reviewed by appropriate City Departments and non -City agencies who have determined that the proposed project would have no significant impact; and 3) the subject property is located in a mature, fully -developed subdivision where no listed species (threatened or endangered) have been identified (See Exhibit 38 of the San Rafael General Plan 2020). PUBLIC HEARING The Zoning Administrator (ZA) opened the public hearing at 10:00 A.M. Present at the hearing was the project applicant, Leticia Arvizu, daughter of the day care owner, Maria Ramirez, and Amanda McCarthy, appellant. Also, there were several residents in attendance. Staff at the meeting was Caron Parker, Project Planner and Ram Boloyan, Principal Planner, acting as the Zoning Administrator. The issue of noise from the activities of the daycare was explored as part of the community meetings held after the last City Council hearing. Several SRZA Minutes 2.5.14 23 Baypoint Drive Re: UP 12-022 Hearing Date: February 5, 2014 noise attenuation measures were implemented as a result. Caron Parker explained the project history and stated that the purpose of this ZA hearing was to review noise mitigation measures implemented by the day care provider, and get input on whether the measures helped reduce the perceived noise impact from the day care. Ms. Parker asked Amanda McCarthy to update the ZA on the meetings held and the noise measures considered and ultimately implemented. Amanda McCarthy testified that between June 2013 and December 2013, she organized 5 meetings to discuss noise mitigation measures. Meeting notes are attached as Exhibit 1. Ms. McCarthy indicated that the two neighbors most directly impacted by the daycare (19 Baypoint and 27 Baypoint did not attend the meetings); although the property owner at 19 Baypoint did communicate via e-mail and 27 Baypoint attended the last meeting. A narrative summary of the meetings is presenting in Exhibit 2. The goal of the meetings was to focus on effective and affordable mitigation measures. Noise mitigation measures implemented in September, 2013 included: installation of flooring indoors and outdoors, installation of soundboard material at the shared wall, and implementation of behavioral changes requested of the parents (Exhibit 3). These noise reduction measures were researched and recommended after a site visit was conducted by a licensed general contractor from Bay Area Noise Control (see letter in Exhibit 4). By the December 2013 meeting, traffic improved and the noise improved. Stepping stones leading from the street to the front door could not be installed without HOA approval, but parents use the same path to approach the front door in order to avoid using the cul-de-sac (per neighbor request). Ms. McCarthy indicated that there are 8-10 kids on site under the age of 2 and 4 school age children. Many people seem to think there is an "increase" in the number but there is no increase in kids on site. Ms. Parker indicated that staff had received 3 letters of concern about the project (Exhibit 6). They were from the residents at 27 Baypoint Drive (Victoria Pollick and David Rassas), who share a common wall with the project site. The letter indicated that they "continue to hear loud voices and children screams on most days during the daycare business hours." They asked thatthe City reevaluate the use permit. Ms. Pollick has not been in attendance at any of the meetings; however, Mr. Rassas indicated that Ms. Pollick has asked him to speak on her behalf. Ms. Parker indicated that she sent out a letter and e-mail to Victoria Pollick to set up a site visit to her home to observe the noise. No response was received and as such, staff was unable to visit the common wall neighbor at 27 Baypoint Drive. The third letter was from a resident at 11 Baypoint Drive (Tommie Weldon) who indicated that she was concerned about the process being biased. She also reiterated her experience with noise in her unit, which is not relevant to this use permit application. The ZA heard testimony from a total of 20 people as summarized below: Speaking in support of the project: 1. Heather Ludloff (property owner, 23 Baypoint): kids are well behaved, you can hear them playing but not screaming; feeling that the daycare is living in fear'of the neighbors; important that kids have a place where people care and we need to support this; be tolerant; she is willing to plant in yard and add stepping stones. 2. Francine Skates (23 Baypoint): Lived here for 7 years and would never know daycare is there; there is about a 20 foot expanse between the living space at 23 Baypoint and 27 Baypoint; very organized school; there are nosier places to be. 3. Teresa Juarez (friend): Knows Mrs. Ramirez and has never seen any problems; was her first neighbor manly years ago. 4. Laura Hill (Department Director, Community Action Marin): The difference in noise between 9-14 kids is not significant; never seen so many complaints from neighbors about noise; Mr. Russ Roane stated the SRZA Minutes 2.5.14 23 Baypoint Drive Re: UP 12-022 Hearing Date: February 5, 2014 project would cause a "change in character of the community" - what does this mean? 5. Sandy Ponek (Canal Alliance): Family daycare is important; safety issues on site are reviewed and handled by the State; the site is very safe; project brings diversity of age to the community- this is good. 6. Tom Wilson (Executive Director, Canal Alliance): Attended first and last meetings to discuss noise mitigation options and thought the meetings were quite productive; the daycare has been licensed and inspected so safety is not an issue, the daycare has 10 children on site and the rest are in school most of the day; Mr. Rassas is home all day but told me that he was not concerned about noise, but rather, any increase in numbers; Mrs. Ramirez runs a critical community service. 7. Ledyes (Community Action Marin): Supervises the site, helps with curriculum and daily routine; the kids are not just running around, they have a schedule and lots of supervision. 8. Paula Sifuentes: I supervise Maria Ramirez and do not hear noise outside when I come to the site; not always 14 kids on site. 9. Liz Burns (Community Action Marin, Child Development Program): Mrs. Ramirez's daycare receives Community Action Marin (CAM) supervision and state mandated qualification, Mrs. Ramirez must submit "desired result" letter to report how children are progressing; state auditors review the operation; never has had a complaint from parents using the daycare; CAM has not received complaints from neighbors about noise; CAM resolved a noise complaint from neighbors adjacent to a daycare center with 220 kids, so we should be able to resolve any noise issues at 23 Baypoint; what is the community's idea of "neighborhood character?"; CAM operating 8 family day care locations; CAM forced to close infant care facility so family day care is the only place for infants to go; family day care is a good investment. 10. Florensa Parada: I didn't have childcare for 2 years. This negatively impacted my ability to work and the kid's education; family daycare is important to everyone; waiting lists are very long; Maria Ramirez provides a good quality service; we can work out the noise issue and build relationships; no discrimination 11. Maria Ramirez (daycare provider and applicant): Daycare operating with all required permits (Fire, State and use permit) and has insurance; licensed for 14 kids since she started at 23 Bayp6int; cannot exceed the maximum allowed (14 kids) because she would lose her State license; kids play outside'/2 hour/day, reduced from 1 hour, installed rubber matting on ground outside to reduce noise; kids do not go near other properties; kids are supervised by parents during drop-off and pick-up; respect neighbors and have tried to do anything she can to reduce noise. 12. Leticia Arvizu (Ms. Ramirez's daughter): The daycare has 4 school age kids and 10 kids in the home; there is another large family daycare in the area (185 Bahia) with the same HOA; My Mom is trying to do everything to compromise with neighbors; no 100% happiness for anyone; only a difference of 2 kids between small family daycare and large family daycare; offer neighbors to come meet the family and see the daycare operation; daycare has nothing to do with property landscaping and the fence is not an issue to run the daycare 13. Ken Bateho (75 Belvedere): Implements "raising a reader" in 26 home day care locations; Mrs. Ramirez is the best run daycare that he has seen. Great teaching. 14. Mr. Arvizu (Mrs. Ramirez's son): There were no noise complaints until the ZA notice went out for the use permit back in November 2012; if neighbors had not been notified, neighbors would not know that the daycare was large family; the neighborhood is growing and diversity is coming, feel that neighbors in opposition are pulling in things like traffic and landscaping — and this has nothing to do with daycare; change is coming. SRZA Minutes 2.5.14 23 Baypoint Drive Re: UP 12-022 Hearing Date: February 5, 2014 Speaking in Opposition to the project: 1. Russ Roane (39 Baypoint): Lives in Oregon and speaking on behalf of Victoria Pollick. There are 3 issues: a) the noise standard is subjective and the property owner at 27 Baypoint does not think mitigation measures have solved the noise issue; b) the daycare is causing a change in the character of the community; and c) problems between HOA and landlord and leasee should make sure safety issues are addressed. How will they be addressed? Fence is still broken. 2. Victoria Pollick (27 Baypoint, common wall neighbor to 23 Baypoint): Sound board installed is ineffective; my husband is at the house for 6 weeks straight and needs to sleep during the day. 3. Karen Thomas (135 Baypoint): Representing the HOA; thought there were only 8 kids at first; read an HOA statement, concerned about the noise, property owner at 23 Baypoint will not work with HOA on site improvement issues; noise has to be abated for HOA to support the project. 4. Star Taber (31 Baypoint): Unsafe for kids on arrival; can hear noise in her yard and never heard noise before. 5. Christine Bachman (10 Avocet): On the HOA's Architectural Board Committee; lawn at 23 Baypoint is in complete disrepair; HOA cannot approve stepping stones without first getting the yard repaired; HOA attorney is communication with property owner, HOA is interested but limited in its ability to participate; replaced the windows in her house and it made a significant huge difference in sound. 6. Tommie Weldon (11 Baypoint): Noise issue at my house and with my adjacent neighbor; in support of Vicki Pollick; supports daycare. The Zoning Administrator closed the public hearing at 11:30 am. The Zoning Administrator has reviewed the meeting notes and examined the mitigation measures put in place. Overall, the ZA reviewed the application and found it to be in substantial conformance with the City of San Rafael's Municipal Code property development standards for the Planned Development (PD 1562) Zoning District, all applicable policies of the San Rafael General Plan 2020, and the Zoning Ordinance Performance Standards in Section 14.17.040, based on Staff's project review, site inspections, and on the review and recommendation for approval by appropriate City departments and non -City agencies. While the Zoning Administrator understood neighbor concerns, the determination was made that on balance, except for the noise. issue raised, the proposed use would be largely compatible with the surrounding uses in the cul-de-sac and neighborhood at large. General Plan Policy NH -66 states "provide more affordable, quality childcare programs that support the community." The proposed Large Family Day care is consistent with this GP policy. However, through the public process, noise from the daycare has been identified as an issue for some neighbors. The express purpose of this ZA hearing is to take comments from affected residents on the success of the installed noise reduction measures. Based on public testimony, there is no agreement that the mitigation measures implemented have reduced the noise levels. The Zoning Administrator stated that a copy of the meeting minutes, which incorporate the findings and the conditions of approval, would be mailed to the applicant, property owner, and interested parties who attended the hearing or sent in comment letters. In addition, copies would be available to the public for review at the Planning Division counter upon request. SRZA Minutes 2.5.14 23 Baypoint Drive Re: UP 12-022 Hearing Date: February 5, 2014 ACTION TAKEN: NO ACTION. PROJECT CONTINUED TO CITY COUNCIL The Zoning Administrator, at the meeting of Wednesday, February 5, 2014 had two options: Option 1: Extend the operation of the use permit (UP 12-022) with conditions; or Option 2: Take no action and schedule the project for a City Council hearing, per City Council Resolution 13539, COA #4 (c) and (d). In approving the use permit, the intention of the Council was to allow the daycare provider a 6 month period to work with the neighbors on identifying possible noise reduction measures. Resolution 13539 approved the use permit for Large Family Day Care at 23 Baypoint Drive with the following conditions: COA 42: This Use Permit (UP 12-022) is valid for 6 months only, or until December 3, 2013. At the end of this 6 month period, the Use Permit shall be reviewed by the Planning Division staff to review the continued operation of the use and review the progress by the various parties on implementing measures to address the neighbors' concerns and determine compliance with conditions of approval, as outlined in Condition of Approval #3 below. Based on the review, the Use Permit may be extended or not extended subject to the procedures outlines in Condition of Approval #4 below. COA #3: Within the 6 month time period, the daycare provider, concerned residents, staff from Community Action Marin and the Baypoint Lagoon HOA, will meet and confer to address potential impacts from the daycare regarding noise, privacy and parking safety. a: City staff will initiate an introductory meeting between the four parties to establish the framework, explain this condition of approval and encourage a cooperative process to find solutions. The framework for the discussion will be based on the point identified in a letter from the appellant (Amanda McCarthy) to the Council dated May 5, 2013, as on file with the Community Development Department, identifying 6 points that may be incorporated as additional conditions of approval to ameliorate concerns, as listed below: i. Replace the doors and/or windows of the home to be more "soundless" ii. Installing an A/C system so that the windows do not need to be open when it is hot iii. Conducting a study of "comps" near other large" home daycares to determine any effect of home daycares on property value while also engaging a realtor and appraiser/broker to fully understand any implications for the future sale of your home (my understanding is that there is no difference between 8 children and 14 children) iv. Requiring a set drop-off and pick-up time "set window" to reduce any perceived impacts of these activities V. Requiring a 6 -month or 1 -year (biannual or annual) renewal of the permit vi. Revocation of the permit if any conditions agreed to by neighbors surface COA 44: The 6 month review is to be administered by Planning Division staff, and shall follow the following procedures: a. At least 4 weeks prior to the expiration date, the applicant shall be responsible to submit in writing an update and status on their discussions with concerned residents, staff from Community Action Marin and Baypoint Lagoons HOA. SRZA Minutes 2.5.14 23 Baypoint Drive Re: UP12-022 Hearing Date: February 5, 2014 b. Planning Division staff will mail a 15 -day public hearing notice for a Zoning Administrator public hearing to request any written or oral comments on operation of the use and the discussions/agreements made by the working group. c. If there are no significant issues raised from the affected parties, the Zoning Administrator shall have the authority to extend the Use Permit in perpetuity and incorporate as conditions of approval any and all agreements made by the parties for continued operation of the large family day care. d. If there are significant issues raised or lack of agreement, the Zoning Administrator shall refer the matter for review and action by the City Council. This may result in the non -extension of the Use Permit, requiring that the large family day care cease and operate as a small family day care (8 or fewer children) a single family home. e. No application fee will be required for this review. The ZA pointed out that it is the goal of the City to balance all interests. Childcare is much needed, and noise is regulated through Chapter 8.13 in the Municipal Code. It is unlikely that the daycare use exceeds the Noise Ordinance thresholds in Chapter 8.13, however, the ZA pointed out that the concept of noise is different for each person and therefore it is difficult to find an acceptable noise level that everyone can agree upon. Still, the daycare use does not trigger or exceed the noise ordinance and mitigation measures have been agreed upon and implemented. This is a positive step. However, at the conclusion of the ZA hearing, there was still a lack of agreement .between neighbors about the effectiveness of the mitigation measures implemented. The ZA indicated that he appreciated the efforts by those who participated on both sides of the issue, but unfortunately, since there was no compromise reached, the ZA could not take an action. Per City Council Resolution 13539, COA #4d, the matter is now referred back to the City Council for final review. The hearing date is as yet undetermined but will be notice to all parties within 300 feet and any other persons in attendance at this ZA hearing. FINDINGS (Use Permit UP12-022) No findings were made as part of this ZA hearing. As the matter of noise reduction could not be resolved between the parties, the project was continued and a hearing will be scheduled before the City Council. Previous findings for the 6 -month conditional approval of the Use Permit (UP 12-022) can be found in the City Council Resolution 13539 (Exhibit 5). Raffi Boloyan, cc: Heather Ludloff, property owner Tommie Weldon 11 Baypoint Dr Karen Thomas 135 Baypoint Dr Rita Lakin 35 Baypoint Dr Starr Taber 31 Baypoint Dr Gloria Gasperor 5 Avocet Court ate SRZA Minutes 2.5.14 23 Baypoint Drive Re: UP 12-022 Hearing Date: February 5, 2014 Grant Miller 31 Baypoint Dr Peter Lee 9 Turnstone Dr Deborah Vandervoort 19 Baypoint Dr Dennis Pasquini 27 Dowitcher Way D. Rassas 27 Baypoint Dr Ken Batcho, 75 Belvedere Victoria Pollick 27 Baypoint Dr Christine Bachman, 10 Avocet Russ Roane, 39 Baypoint Laura Hill, Community Action Marin, 29 Mary Street Liz Burns, Community Action Marin, 29 Mary Street Tom Wilson, Executive Director, Canal Alliance, 91 Larkspur Maria Ramirez and Leticia Arvizu, applicants, 23 Baypoint Drive SRZA Minutes 2.5.14 6 Am Attendees: Caron Parker (City of San Rafael Planning Department) Laurel Hill (Community Action Marin) Tom Wilson (Canal Alliance) Sandy Ponek (Canal Alliance) Maria and Yone Ramirez (Applicant -tenant of 23 Baypoint) Amanda McCarthy (Appellant/Parent) Russ Rhone (Neighbor at 39 Baypoint, representing Victoria) Location: 91 Larkspur Street, San Rafael, CA 94901 Subject: 23 Baypoint Mediation -Conditional Use Permit discussion Date/Time: Thursday, June 6, 2013/ 9am-10:30am The meeting began with introductions and an overview of the City Council decision, the draft resolution to go before the Council on Monday, and a timeline discussion. The CUP is approved until December 3, 2013 and Caron will prepare a summary of activities completed to date and hold an additional public hearing sometime in late October. We discussed that there are likely going to be two sets of items that are discussed at these meetings: 1) issues to be a part of the CUP that pertain to the daycare and things that the City can regulate and, 2) human behavior issues that we can all agree to abide to, but that the City will not be a part of for the CUP. We also all agreed that the HOA needs to let us know which items require HOA approval (and then which committee and contacts to gain approval) and which items can be implemented immediately, with no approval. We then went through the list of items developed to date, refining them as a group. Items asterisked are to be implemented immediately. Items with BEHAVIOR will not be a part of the CUP, but will instill good will. Other items will need to be reviewed by the HOA and homeowner (Heather) and implemented as feasible. Overview of refined list of items: a) Having all parties that are participating in the mediation of conditions visit the site, so that we all understand what the home and location look like. BEHAVIOR b) ****Investigating ways to make the front door "quiet" and implementing technology (soft closer, new seals, etc)**** c) Installing an A/C system so that the windows may be closed when it is hot (window or central and how the HOA would approve) d) --Install floating, sound absorbing padding or some sort in the children's play area/daycare area (not in the kitchen/living room area)**** el No u -turn or left turn at the curve (so must continue along Baypoint; doing a loop - this would be a sign put by the City and abided by neighbors and daycare attendant parents) or would be a sign that children are present: BEHAVIOR Exhibit 1 2169-G East Francisco Blvd., San Rafael, CA. 94901 (415) 454-8868 tel '4 15) 454-9129 fax infc@wra-ca com www.wro-co.com f) Installing stepping stones so that no parents or children walk in the shared driveway g) Fence issue (HOA to help): NOT IN CUP h) Install sound proofing at shared wall (upstairs and downstairs, if determined needed by assessment of sound, see item i) i) ****Conduct sound assessment to determine what conditions would most reduce noise (Tom Wilson of Canal Alliance to determine if this can be done pro-bono or at a reduced fee)**** j) Install window film to reduce noise k) Notify all parents that, between the blind curve, driver's that have slower reaction times, or other situations, dangerous situations can occur and that they should be vigilant at all times. BEHAVIOR We will begin investigation and implementation of the asterisked items (front door, thick padding in daycare area, and sound assessment (Tom Wilson)) and will update the neighbors as these items are implemented. The next meeting will be scheduled for one month (tentatively on Thursday, July 11 to be held at 9am at the Canal Alliance conference room (91 Larkspur Street, San Rafael) to discuss progress and to continue to refine the list of items that will make this work for all. We should know much more by the next meeting if the sound assessment can take place that Tom is going to work on.....thank you! Meeting Notes Attendees: Caron Parker (City of San Rafael Planning Department) Laurel Hill (Community Action Marin) Sandy Ponek (Canal Alliance) Maria and Leticia Ramirez (Applicant -tenant of 23 Baypoint) Amanda McCarthy (Appellant/Parent) Russ Rhone (Neighbor at 39 Baypoint, representing Victoria) Tommie Weldon Location: 91 Larkspur Street, San Rafael, CA 94901 Subject: 23 Baypoint Mediation -Conditional Use Permit discussion -2 d Meeting Date/Time: Thursday, July 11, 2013/ 9am-10:00am The meeting began with introductions and an overview of the timeline discussion we began at the first meeting. The CUP is approved until December 3, 2013 and Caron will prepare a summary of activities completed to date and hold an additional public hearing sometime in late October. We discussed that the way that we will proceed will be to first have Heather (the owner of 23 Baypoint Drive) have the HOA give their approval for items to be conducted out the outside of the building. Hopefully, at the next meeting, we know that all items are approved for proceeding from the HOA. At the next meeting (Set for Thursday, August 8, 2013 at 9am at the same location), we will agree to the items to be implemented prior to the October hearing and will begin implementing them. Next, Amanda McCarthy gave an overview of the site visit from the sound engineer at Bay Area Sound Control. Items that we went over at the site visit are included in the list of potential action items, below. However, he did verbally state that he felt that none of these items would control the noise to a point that it would be detectably less by a sensitive ear. We all agreed that we would do what we could, in both behavior and in implementing possible solutions. Lastly, we discussed being neighborly and treating each other with respect and courtesy. There is some concern that this has not been taking place. I have v✓aited to finalize these minutes to get a final report from the sound engineer, but he has informed me that there is nothing else for him to prepare without conducting a more -detailed sound study that is outside of the scope (and budget) of this protect. I am therefore including any items that we discussed at the site visit, but that may not have been included in the draft report. As discussed at the first meeting, there are going to be t\.vo sets of items: 1) issues to be a part of the CUP that pertain to the daycare and things that the City can regulate and, 2) human behavior issues that we can all agree to abide to, but that the City will not be a part of for the CUP. 2169-G East Francisco Bivd., San Rafael, CA 94001 (415) 454-8868 tel (415) 454-0129 fax infowdra-ca.com wvdW.Wra-ca.com Behavior items that all parties will agree to adhere to, but that will not be a part of the City process (per Caron): a) All parties that are participating in the mediation of conditions will visit the site, so that we all understand what the home and location look like. However, please note, Maria is prohibited from allowing anyone into the home while children are present. She can be fined $500 for any infraction, per person, by the State. This is to protect the children. Please email Amanda to set up a time to visit. b) No u -turn or left turn at the curve (so must continue along Baypoint, doing a loop - this would be a sign put up by the City and abided by neighbors and daycare attendant parents) or would be a sign that children are present. c) Notify all parents that, between the blind curve, driver's that have slower reaction times, or other situations, dangerous situations can occur and that they should be vigilant at all times. d) Conduct sound assessment (completed) e) Fence issue to be resolved outside of this process f) Items to be approved by the HOAR (first two) and Heather (the homeowner, remaining items) g) Installing stepping stones so that no parents or children walk in the shared driveway. This is from the sidewalk to the path to the front door, and will be visible from the street. Russ and Tommie stated at the meeting that this occurs elsewhere in the development, so should not be a problem. h) Installing an A/C system so that the windows may be closed when it is hot (window or central). Russ has central A/C, but HOA would need to approve location. i) Install sound proofing drywall at shared wall (upstairs and downstairs, or in garage). No change in appearance, so HOA should not need to approve. j) Install window film or secondary window to reduce noise. No change in appearance, so HOA should not need to approve. I<) Install additional sound seals to the front door and other doors, as appropriate. No change in appearance, so HOA should not need to approve. 1) Install floating, sound absorbing padding or some sort of carpeting in the children's play area/daycare area (not in the kitchen/living room area). No change in appearance, so HOA should not need to approve. m) Install kitchen mats (from restaurant supply store) in kitchen (completed) n) Install seals and additional barrier (Plexiglas) on door between kitchen and daycare. No change in appearance, so HOA should not need to approve. - As stated previously, we hope to have the HOA revievy this list prior to the next meeting so that we can discuss what should be implemented prior to October. The next meeting will be scheduled for one month (Thursday, August 8 to be held at 9am at the Canal Alliance conference room (91 Larkspur Street, San Rafael) to discuss progress .....thank you' Meeting Notes Attendees: Sandy Ponek (Canal Alliance) . Maria, Leo, and Leticia Ramirez (Applicant -tenant of 23 Baypoint) Amanda McCarthy (Appellant/Parent) Tommie Weldon Starr Taber Rita Laken Supporting friend (no name stated) *1 apologize for any misspellings! Location: 91 Larkspur Street, San Rafael, CA 94901 Subject: 23 Baypoint Mediation -Conditional Use Permit discussion -3`d Meeting Date/Time: Thursday, August 8, 2013/ 9am-10:00am The meeting began with introductions and an overview of the timeline discussion we began at the first meeting. The CUP is approved until December 3, 2013 and Caron will prepare a summary of activities completed to date and hold an additional public hearing'sometime in late October. We discussed that the way that we will proceed will be to implement the behavioral . items and three physical items immediately to determine the effect of these items prior to the October hearing. We also spent some time discussing "starting with a clean slate' in terms of perception and neighborly attitudes and we differentiated items i) related to the daycare and 2) related to continued frustration with the maintenance of the property (landscaping and fence issue) that are to be dealt with outside of this process. Some time was spent discussing behavior of neighbors and parents (daycare clients) to refine the list of items, below. Vibrations and noise for anything over 8 children continues to be a concern of neighbors. As discussed at the first meeting, there are going to be two sets of items: 1) issues to be a part of the CUP that pertain to the daycare and things that the City can regulate and, 2) human behavior issues that we can all agree to abide to, but that the City will not be a part of for the - - CUP-. For both categories, I have 4ne4-c L4 items that have been completed, no longer apply, or - that will not be the focus of efforts, based upon the agreement of all parties this morning. Behavior items that all parties will agree to adhere to, but that will not be a pari of the City process (per Caron): a) All parties that are participating in the mediation of conditions will visit the site, so that we all understand what the home and location look like. However, please note, Maria is prohibited from allowing anyone into the home while children are present. She can be fined $500 for any infraction, per person, by the State. This is to protect the children. Please call Leticia to set up a time to visit. b) No u -turn or left turn at the curve (so must continue along Baypoint, doing a loop - this would be a sign put up by the City and abided by neighbors and daycare attendant parents) or would be a sign that children are present. c) Notify all parents that, between the blind curve, driver's that have slower reaction times, or other situations, dangerous situations can occur and that they should be vigilant at all times. Also notify parents about general safety regarding children (e.g., not to leave children unsupervised in vehicle). f) Physical Items g) Installing stepping stones so that no parents or children walk in the shared driveway. This is from the sidewalk to the path to the front door. h) IRstalling an AIG s,,stern [.7„rc has central A/C, but I -!(1L1 wn„Iri neer) to-�e- oGaf irr i) install seund-Koofing drywall at sh i rcTro—_o-�i 1 I_ garage). Install sound board at shared wall. j) install I) install floating, sound absorbing padding or some sort of carpeting in the children's play area/daycare area (not in the kitchen/living room area). install l i a n rri��nr U� erre'-rlcv'nFtic / dayGa Prior to the next meeting, the stepping stones and sound board will be in place and the flooring solution will be determined. Tommie has offered to speak with Deborah's neighbor to see if the sound board was an effective solution and will let us knout ASAP.. This Should allow time to see if some of the concerns are being addressed (i.e., conditions are improving). The next meeting will be scheduled for one month (Thursday, Septmber 5, 2013 to be held at gam at the Canal Alliance conference room (91 Larkspur Street, San Rafael)) to discuss progress .....thank you! Meeting Notes Attendees: Sandy Ponek (Canal Alliance) Maria, and Leticia Ramirez (Applicant -tenant of 23 Baypoint) Amanda McCarthy (Appel [ant/Parent) Laurel Hill (CAM) Tommie Weldon (11 Baypoint) Starr Taber (31 Baypoint) Grant Miller (31 Baypoint) *1 apologize for any misspellings! Location: 91 Larkspur Street, San Rafael, CA 94901 Subject: 23 Baypoint Mediation -Conditional Use Permit discussion -3rd Meeting Date/Time: Thursday, September 5, 2013/ 9am-10:00am The meeting began with introductions and an overview of the timeline discussion we began at the first meeting. The CUP is approved until December 3, 2013 and Caron will prepare a summary of activities completed to date and hold an additional public hearing sometime in late January 2014. We discussed that the way that we are proceeding is to implement the behavioral items and three physical items immediately to determine the effect of these items prior to the next meeting to determine how things are going. Leticia and Maria have distributed a flyer to all parents describing the safety concerns of the neighbors and have asked all parents to abide by the items discussed, namely to not conduct u - turns or left turns at the curve and to be aware of safety considerations. As a group, we discussed some of the safety concerns, while also concluding that we can advise, but not control, the behavior of other adults in the neighborhood. The only control that we really have is on our own behavior and the behavior of the children once at the daycare. However, Maria has advised parents that there may not be a spot for them if they are not respectful of these concerns. Starr, in particularly, brought up an incident with a parent crossing the road and calling another child to cross the road without an adult and of incidents with children left in cars without adult supervision. We are doing our best to educate parents and have asked all parties to notify Maria if this should happen and to address the parent while the activity is occurring. We next discussed the progress on the "physical items" agreed to by all parties: Physical Items a) Installing stepping stones so that no parents or children walk in the shared driveway. This is from the sidewalk to the path to the front door. b` Install floating, sound absorbing padding in the children's play area/daycare area (not in the kitchen; living room area). c) Install soundboard at the downstairs shared wall to further muffle any noise impacts (kitchen door is closed at all times). We are awaiting approval from the HOA to install the stepping stones (Heather is to submit the application ASAP and Leticia is going to work on this). We have identified a flooring solution that is affordable and meant for this application. CAM and the Canal Alliance have both agreed to work to provide funding for the flooring (estimated to cost $1000 with shipping). We had postponed the purchase of the sound board to see what solution Deborah and Theresa had used, but have determined (via phone message and information from Tommie), that no sound board was installed so we cannot learn anything from that application. We agreed that the flooring will be the first priority and then will install the sound board solution. We also discussed the importance of spacers, density, and thickness of the material (Tommie did research at San Rafael lumber). Lastly, although we agreed that numerous issues do not pertain to the daycare or this CUP, we discussed the landscaping issues, fencing issues, and overall concerns that the neighbors have with the homeowner of 23 Baypoint (Heather). It was agreed that the best resolution will be for Leticia and Maria to discuss these items with Heather and perhaps to take over the landscaping etc from the homeowner. There is some concern that parents may drive "nice" cars to be able to receive subsidized daycare, requests for information regarding the cost of daycare (CAM provided generalities), and further discussion of "neighborliness" that indicate some improvement in relationships between the neighbors and the residents of 23 Baypoint. We ended with some discussion of next steps and what the ultimate result will be....it is my belief that everyone participating is concerned that, in the end, there will be no change in perception or in the acceptance of a daycare at this location. The next meeting will be scheduled for one month after the installation of the flooring material and the stepping stones and will be held at 9am at the Canal Alliance conference room (91 Larkspur Street, San Rafael)) to discuss progress .....thank you! I will send out a notification when the materials have been installed so that everyone is aware of the progress that has been made. Meeting Notes Attendees: Tom Wilson (Canal Alliance) Saul G.odinez (Canal Alliance) Maria, Lionel, and Leticia Ramirez (Applicant -tenant of 23 Baypoint) Amanda McCarthy (Appellant/Parent) David Rassas (Adjacent Wall Neighbor, 27 Baypoint) Tommie Weldon (Neighbor, 11 Baypoint) Location: 91 Larkspur Street, San Rafael, CA 94901 Subject: 23 Baypoint Mediation -Conditional Use Permit discussion -2"d Meeting DatelTime: Thursday, December 19, 2013/ 9am-10:OOam The meeting began with introductions and an overview of the process that has taken place since the initial application for the Conditional Use Permit (CUP). The CUP is approved until December 3, 2013 and Caron will prepare a summary of activities completed to date and hold an additional public hearing sometime in early February 2014 (the City is on mandatory furlough the last two weeks of December 2013). The purpose of this final meeting was to gather feedback on the conditions that have been implemented to date (installation of flooring indoors and outdoors, installation of soundboard material at the shared wall, and implementation of behavioral changes; installation of the stepping stones has not taken place, but parents walk along a dirt path in existence, rather than the shared driveway). All of these conditions were agreed upon by all participants in this process. After the overview of the process, I presented comments from Deborah Vandervoort (neighbor adjacent to backyard of 23 Baypoint). The points that she raised in correspondence with me (she was not able to attend any of the meetings, but has been in email contact throughout the process) include: 1. Concern for HOA enforcement for noise; 2). Quiet neighborhood/ tight configuration of homes; 3). Permit would exist in perpetuity; and 4). Property value concerns. In summary: 1) the HOA previously worked with Deborah and her neighbor to control noise, but has not participated in this process nor enforced outstanding HOA items with the current homeowner. I am not sure what the process for this is, but David let us know that the HOA is notable to enforce alien .or other option to force a.homeowner to improve the yard, replace the fence, or be quiet more than City ordinance allows; 2).this is a quiet neighborhood, but is not a retirement community that prohibits families or small children from being present (but perhaps the HOA would like to change policy?); 3). The CUP is issued to the applicanf for the particular location and is not transferable to another location nor to another individual; 4) property value will not increase nor decrease due to the presence of a home daycare (it is a positive to some and a negative to others, depending on the potential home buyer). Primarily, Deborah's concerns are for outside noise (the children usually leave the premises for outside time, now, as Maria has 6 -child strollers to take them to Pickleweed Park) and for homeowner negligence (fence and landscaping). Next, David presented his concerns and gave us his background (he has not participated in the process previously). He travels for work and is home for 2 months and then away from home for 6 weeks throughout the year. Victoria works away from home 4 days each week. His primary concern is for noise/vibration due to the shared concrete pad for the two homes and open construction of the attic and subfloor. Both David and Victoria hear noises while they are at home, throughout the day. Prior to the Ramirez family moving to the location, the homeowner lived in the home (alone) and one prior tenant lived in the home (alone, with a grown child present at some times). The current family living situation is therefore much different from any of the previous inhabitants at the location. We also discussed what it means, to live in a multi -dwelling housing (with shared walls) at an apartment complex, what the inherent expectations are of living in close proximity to others, and what the daycare's previous location was like (shared wall, shared subfloor and concrete pad, shared attic space). Lastly, Tommie presented her concerns and gave us some background information. She lives away from the daycare, but is sympathetic to the direct neighbors as she has experienced living by noisy neighbors at her current location. She does not experience any impact from the daycare while the children are inside, but can hear them when they are outside playing (in contrast to noise from the school across the street). She has experience that noise/vibration comprises quality of life. She also brought up safety concerns for two vehicles/experiences (a dark blue caravan and a red neon). Leticia was going to check to be sure, but thought that neither of these vehicles belonged to parents of the daycare—she warns parents to abide by all rules that we have established in this process (see previous notes) and dismisses them from the daycare, if needed. Another condition to be considered by the City for the CUP could be to maintain a list of all vehicles driven by parents (with license plates) so that all direct neighbors are aware. The daycare cannot control driving behavior of all people on the street, however, nor is the daycare responsible for anyone with children that may be present in the area. The last item discussed/clarified was the number of children present at the daycare and concerns that the number of children would increase over existing conditions. The daycare has always operated under the license for 14 children (at the previous location and at this location). The City has allowed the daycare to operate with 14 children without the CUP until this process is completed (from July 2012). With the CUP process, no addition of children would or could occur as the daycare is state licensed for no more than 14 children (in varying makeup, as described previously). This was the final meeting to take place prior to the Planning Commission hearing that will be scheduled for February 2014 (date to be determined). All meeting meetings have been compiled and submitted to all parties, including the City, documenting the discussion made by the group. Any future meetings will be scheduled at a later time, if determined necessary by the City .....thank you! Dr. Amanda McCarthy 83 Clyde Avenue San Rafael, CA 94901 February 2, 2014 Caron Parker City of San Rafael Planning Division P.O. Box 151560 San Rafael, CA 94915-1560 Re: File No UP12-022—Outreach and mediation summary Dear Ms. Parker, am writing to give a summary of the activities that have been conducted in support of the City Council decision to grant the use permit for 6 months. Per the City Council's direction, I have worked on behalf of the applicant, Leticia Arvizu, and her mother, Maria Ramirez, to "work with neighbors to find solutions to potential noise issues." Specifically, the Commission's decision was appealed (AP13-001) and overturned by the City Council, at which time, the Council voted to grant the use permit for 6 months and directed the applicant to work with the daycare provider, concerned residents, staff from Community Action Marin, and the Baypoint Lagoon HOA to find solutions to potential noise issues, and directed staff to hold a ZA hearing at the end of 6 months to review noise mitigation measures proposed by the day care provider. Five meetings were held to comply with this condition: June 6, 2013, July 11, 2013, August 8, 2013, September 5, 2013, December 19, 2013 All meetings were held at the Canal Alliance office (91 Larkspur Street, San Rafael) from 9 to 10am. Prior to each meeting, I send an Outlook invitation (and separate email agenda) to the following: Rita Lakin (neighbor, 35 Baypoint), Deborah Vandervoort (neighbor, 19 Baypoint), David Rassas (neighbor, 27 Baypoint), Victoria Pollick (neighbor, 27 Baypoint), Russ Roane (neighbor, 39 Baypoint), Tommie Weldon (neighbor, 11 Baypoint), Starr Taber (neighbor, 31 Baypoint), Grant Miller (neighbor, 31 Baypoint), Christine Bachman (Baypoint Lagoon HOA representative), Stefany Charles (Baypoint Lagoon HOA representative), Glenn Youngling (HOA legal representative), Heather Ludloff (homeowner), Leticia Arvizu (applicant), Sandy Polek (Canal Alliance), Tom Wilson (Canal Alliance), Laurel Hill (Community Action Marin), Caron Parker (City Planning). My goal was to keep the neighbors, homeowner, HOA, and community groups apprised of the progress and findings and to allow everyone to participate, regardless of their ability to attend meetings. The two neighbors most likely affected by the daycare conditional use permit, Deborah Vandervoort (19 Baypoint) and Victoria Pollick/David Rassas (27 Baypoint), did not participate in the process. However, Deborah gave me additions to the list of possible conditions prior to any meetings taking place; David attended the final meeting on December 19, 2013 to state that he was continuing to be impacted by noise. The HOA would not comment nor participate in the process, nor would their legal representative. During the meetings, the majority of discussion related to the failure of the homeowner (Heather Ludloff) to maintain the fence or the landscaping, issues that do not relate to the daycare, but which have resulted in general hostility between the neighbors and the homeowner. This has affected the daycare CUP negatively by directing hostility towards the applicant concerning the CUP, in my opinion. In addition, there has been rampant misinformation regarding the process, what the CUP is and approves, and what the ultimate impact will be to the neighbors. These meetings have attempted to clarify this information, but, even at the final meeting, Tommie Weldon and David Rassas were still under the impression that the daycare was going to expand or that, once approved, a daycare could be there under any operation and by an operator. Meetings also discussed noise attenuation methods and the results of these efforts, as described in the meeting minutes sent to all parties. Lastly, it should be noted that, of the neighbors that participated in the meetings in person, only David Rassas lives adjacent to the daycare—and fie only attended the last meeting to say that he was not happy. Other Exhibit 2 neighbors that participated, including Rita Lakin and Tommie Weldon, do not live in the area, but feel sympathetic to the situation and their friend, Victoria Pollick. The only neighbor that attended all of the meetings was Tommie Weldon. Several neighbors, in fact, said that they are not impacted, but are supporting their neighbor. While I appreciate their participation in the process, this gives a skewed impression of the reality of the daycare's operation and of its impact on the neighborhood. In addition, I learned through the process that all of the neighbors are accustomed to living next to single - occupant or double -occupant homes with adults, not children. Therefore, the noise threshold appears to be dictated by the noise that a single adult or an older married couple would make --not the noise that a family would make. In addition, there is a history of neighbors "forcing" their neighbor to move bedrooms or risk enforcement by the HOA for sound reduction. I do not believe that these standards are typical, enforceable, nor consistent with City code, the City general plan, or the City vision for a community. Lastly, I want to emphasize that the City Council directed the daycare provider, concerned residents, staff from Community Action Marin, and the Baypoint Lagoon HOA to work together to find a solution. It is very clear from these meetings and lack of participation in any way (in person or by comment via written communication) that the neighbors and the HOA have never been interested in finding a solution—they only wish to have the daycare move from its current location, which they believe will occur if the CUP is denied. However, the reality is that there is no location that the daycare can move to that would be safe from potential retaliation of neighbors (due to the CUP process). In summary, I believe that this case continues to be dictated by a NIMBY (not in my backyard) faction in the neighborhood, based on discrimination and a lack of tolerance for a different type of household, not based on the presence of a daycare or noise impact (or any other weak argument regarding "appropriate" location). The frequent use of "them" and "black" or other discriminatory terms and ideas was indicative of a much bigger problem. I believe that the daycare meets all requirements expected of a daycare of this size, in terms of State licensing and City approval, and that the CUP should be approved in perpetuity at this site under the direction of Ms. Ramirez. I have demonstrated that any perceived concerns regarding traffic, the curve, the shared driveway, or other are unfounded based on City code and are not relevant. I have also demonstrated that complaints of noise are related to the neighbors wishing to live by solitary adults or older married couples, not children. do not believe that there will ever be universal agreement on this topic, at this or at any location. As requested by the City Council, a review and subsequent amendment to the general plan should be made that dictates what locations are acceptable for the location of a daycare of 9-14 children so that disputes of this kind can be avoided. Please tell us what acceptable locations are so that the service can be provided to the community without neighbor review. Please contact me with any questions or concerns. Kindest regards, 'JA�1� AA_ - Amanda McCarthy Dear Parents, As you know, we continue to work to ensure that our neighbors near 23 Baypoint Drive are not impacted by the daycare. As a part of the City Conditional Use Permit (CUP), we have been meeting monthly with the neighbors in the hopes that at the 6 -month review of the CUP we will have made satisfactory progress addressing neighbor's concerns. The following items have been identified as things that you can do to help: 1. Do not make left turns or U-turns anywhere near 23 Baypoint Drive. All parents should instead follow a direct path along Bavooint Drive, making a circle as it connects with Bellum. 11 3. 4. 5'. many residents of the neighborhood are older, with slower reaction times. Some drivers are not fully paying attention to the road. Always be vigilant. The best approach is to continue straight on Bellum, take a left on Baypoint Drive at the stop sign, and park on the side of the road nearest to Maria's house. Please utilize the stepping stones to enter the daycare so that you (and children) are never within the shared driveway. Please do not leave children unattended at any time for any reason (this includes v{ithin a vehicle). Please be courteous to all neighbors, enforce quiet voices from children, do not allow children to run or play in the area, and smile to those that you encounter. Thank you! �1 Exhibit 3 Estimados Padres de familia, Como ya saben, seguimos trabajando muy duro para que nuestros vecinos en 23 Baypoint Drive no sean impactados por la guarderia Ramirez. Como parte del permiso condicional de la ciudad, nos hemos estado reuniendo una vez por mes con los vecinos para revisar las condiciones del permiso de los 6 meses. Tambien con la esperanza que los vecinos se sientan a gusto y conformes con las soluciones a sus preocupaciones. Las siguientes ideas han sido sugeridas y que cada uno de nosotros podemos hacer para ayudar: 1. No hacer vueltas ala izquierda ni vueltas en U, en ninguna parte cerca de 23 Baypoint Drive. Todos los padres y personas autorizadas para recoger a los ninos deberian seguir el camino recto y dar la vuelta hasta la calle Bellum. 2. Por Favor de tener mucho cuidado con todo el alrededor. Ya que es una curva peligrosa donde accidentes pueden pasar. Muchos vecinos sori gente mayor y reaccionan lentamente. Mantenganse alertas ya que muchos conductores no prestan mucha atencion. La mejor manera de llegar ala guarderia es seguir derecho y dar la vuelva en Bellum, y estacionarse del lado de la guarderia Ramirez. 1. Por favor utilicen las piedras sobre el pasto para caminar. (usted y los ninos) y asi nunca usar la entrada de carros. 2. Por favor NUNTCA dejen ninos solos afuera de la guarderia sin supervisi6n mucho menos en el carro, por ninguna raz6n. 3. Por favor traten de ser amables con todos los vecinos, usar voces bajasafuera de la guarderia. No permitan que los ninos con -an o jueguen en el area de of iera. Tambien traten de sonreir a los vecinos que se encuentren. Muchas Gracias Amanda McCarthy 83 Clyde Ave. San Rafael, CA 94901 July 10, 2013 Re: 23 Bay Point Dr. site visit on July 9, 2013 at 3 pm Dear Amanda, As per. our agreement, below is a summary of my notes during the site visit conducted on Tuesday, July 9, 2013 from 3 to 4 pm. The purpose of the site visit was to assess the ambient condition of the home and to assess what noise reducing conditions could be implemented at the location to reduce perceived impacts to the shared wall neighbor. Noise impacts to the adjoining yard were not assessed as there is no way to contain noise in an open air situation. While no digital recording was employed for this evaluation, an assessment was made based on 16 years' experience in this field of study and being a licensed General Contractor specializing in Noise Control and Soundproofing with similar situations. Bay Area Noise Control provides seasoned, nuanced, sound proofing diagnoses and sound remedy from field soundproofing noise control experience of 5,000 sound proofing site visits and 1,000 completed sound jobs in the San Francisco Bay Area and Continuing Education from 100 conferences and trade shows over 15 years. Bay Area Noise Control brings you the most optimal sound remedies and a variety of soundproofing choices to meet your soundproof home, sound proof building, personal sound proofing and budget needs, to optimize sound proofing results. Possible noise transfers to address (in no particular order): 1. Walls: This appears to be a town home with two separate walls on the same footing, or foundation that can act as the transfer point of impact noises between the homes. Also, the roof lines may be touching and may also act as common transfer points. These situations are normally built designs for the era of these properties and in my opinion, would meet a minimum Transmission Loss Test of 50 dB or a field test of STC 45. These standards are made for residences to achieve a barrier to satisfy, in my opinion, 70% of the people, 70% of the time. Some people may be more sensitive than others, thus not satisfied with the results, some of the time. This has to be compared with incidences of disturbances vs. the cost of the remedies as well as social behavior modifications to avoid such, as a small % of people may call it a "nuisance". To digitally test for this theory, one would need to operating testing equipment 24/7 and analyze the high points along with an audio recorder to see from where this noise comes from—testing of this sort is not recommended in this instance. Possible Wall Remedies: a. The least costly direction is to set up a set of rules for neighbors to live by to help avoid conflicting situations, such as mutual schedules, raucous behavior eliminated, shared events or adding social times to minimize conflicts. Exhibit 4 b. Add overlays of 2x Mass Loaded Vinyl and lx 5/8" XP acoustical dry wall, sealed into place without floating. The cost for these materials installed will run from $15-$25 per sq. ft. depending on amount of detail involved, not in this report. c. Add a "floating wall' on isolators with acoustical dry wall. The cost of this remedy, subject to amount of details, will range from $35 to $50 per sq. ft. d. There is little chance to de -couple the roof lines or the "footings" or center wall foundation that would justify such costs. 2. During my visit, I did not experience any raucous behavior of the children either sleeping or at play that would come to a level of "normal' noise of households. I also did not see that the door noises at the front door would be significant. This may happen at other times, however, and one needs to consider the sensitivities of neighbors who may feel that any noise is a "nuisance." Doors slamming/Remedies: a. Subject doors can be lined on the edges with a softer than door weather-stripping to soften the closing door. b. Easier, is the attention one would pay to such closure and take the door handle manually to softly closing such doors, even if one is in a hurry by swinging the door behind them upon exiting. 3. Children walking or running may be causing noise. This is a more difficult problem, as these types of town homes are usually built on the same deck with wall partitions on top. As a result, hardwood floors may transfer noise laterally from side to side. Children walking/running remedies: a. One could place anti -microbial softer surface carpet, like those in hospitals these days, to help soften the impact of children feet, walking or running. b. This final surface can also be laid over a decoupling underlayment of cork with an anti -impact layer of rubber. Final cost of this is not known at this time, but we do such special work. I can take a guess based on old info on this at $75 per yard with the "underlayments", installed at the higher -end of performance. c. Install rubber mats in kitchen c. You can also add sound masking or sound scapping additional noise makers to set the level of either unintelligibility or more pleasing sounds selected to envelope the home of one being disturbed. As discussed, it is possible, based on my experience, that none of these solutions will make a significant difference in terms of perceived noise (there will be noise in any shared wall home from normal, daily, family activity) there are likely underlying issues, not noise, that need to be addressed. If I can help in any of the suggested noise mitigation options described above, please let me know. I have also included general information for your use, below. Sincerely, Lee Brenner, St. Contr. Lie. 916001 Proud member of the following organizations: Acoustical Society of America Ceiling and Interior Construction Association Association of Wall and Ceiling Industries Institute of Noise Control Engineering The Building Trades Association Construction Services offered through Soundproofing Remodelers Solution Postulates for Effective Soundproofing Creation of a Cavity Space - When attempting to increase the STC value of a window construction, the most effective method is to create cavity space between two layers of glass. Noise from the exterior environment causes the outside windowpane to vibrate. As the glass oscillates in and out, it compresses the mass of air trapped in the cavity space. The greater the volume of air in the cavity space, the greater the mass. The inertia of the air trapped in this cavity space, resists the increase in pressure instigated by the vibrating glass. This damping effect attenuates the noise entering from outside. Addition of Mass - The addition of mass as a barrier is an effective way to attenuate airborne noise. A good rule of thumb is to estimate that for a given frequency, each doubling of surface mass will result in about 6 dB reduction in sound levels. Because the math involved is rather tricky, we model our construction methods with acoustical prediction software to determine the Sound Transmission Class of our constructions. De -Coupling of Adjacent Surfaces - Structural borne noise occurs when the components of the wall, floor or other building elements are set into vibratory motion by direct contact with vibrating sources. These sources can be airborne noise as well as mechanical equipment or domestic appliances. This mechanical energy is transmitted throughout the building structure to other wall and floor assemblies with large surface areas, which in turn are forced into vibration. These vibrating surfaces, which behave like the body of an acoustic guitar, transmit their motion to the surrounding air, causing pressure fluctuations that are propagated as airborne noise into adjacent areas. By de -coupling adjacent surfaces through various materials such as resilient channels, sound clips, and acoustical caulk, we stop vibration from propagating through a structure. Cascading Densities of Materials - A trade secret. But if you ask us nicely, we will explain it to you in person Tightness of Fit - A great acoustical design can be foiled by noise leaks. If a door or window, for instance, is improperly installed, air gaps can allow the direct transmission of sound around the high-tech barrier. A design is only as good as its weakest link, Therefore, it is imperative that soundproofing materials are only installed by licensed acoustical contractors. Furthermore, it is essential that your contractor has experience with all aspects of the noise control field. Certain factors can often work at odds with each other. For instance, tightness of fit is essential to eliminate noise leaks. Yet, window frames affixed rigidly to a wall will propagate vibration through the adjacent structure. Therefore, acoustical contractors must be adept at guaranteeing a tightness of fit while providing resiliency between the building components. Vibration Damping - Vibration Damping refers to the technique and the category of materials, which reduce vibrational noise at the source. A structure emits noise when it is excited by forced vibration. This forced vibration can stimulate the resonant frequencies of the structure amplifying the amount of noise. An example of a resonant vibration is the sound that occurs when one strikes a gong. A large amount of this noise can be reduced by converting this acoustical energy into heat. This is achieved through combinations of a variety of materials and techniques tailored to each unique situation. Some examples of machinery we commonly treat are hot tubs, air conditioning units, computers, air compressors, elevators and garbage chutes. RESOLUTION NO. 13539 A RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL UPHOLDING' AN APPEAL (AP13-001) AND OVERTURNING THE FEBRUARY 26, 2013 PLANNING COMMISSION DECISION TO GRANT AN APPEAL (AP12-007) AND OVERTURN THE ZONING ADMINISTRATOR'S APPROVAL OF A 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; THEREFORE, THE USE PERMIT FOR A LARGE FAMILY DAY CARE AT 23 BAYPOINT DRIVE STANDS AS APPROVED WITH CONDITIONS (APN: 009-362-20) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 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 Pen -nit 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 Pen -nit 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 (UP12-022) 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 Exhibit 5 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 WHEREAS, on November 21, 2012, Victoria Pollick (adjacent resident at 27 Baypoint Drive), filed a timely appeal (AP 12-007) 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 meeting 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 appeal was automatically continued to the next available Planning Commission meeting 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, 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, thus 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 Commissioner Wise seconded to direct staff to prepare a revised Resolution granting the appeal and overrunning the ZA's approval and return to their 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 findings for the granting of the appeal and overturning the Zoning Administrator's approval of the Use Permit. Following closure of the public hearing, the Planning Commission granted the appeal and overturned the Zoning Administator approval of Use Permit (UP12-022). Commissioner Robertson moved and Comissioner Lubarmersy seconded to adopt Resolution 13- 03, granting the appeal and overturning the Zoning Administrator's approval. This motion carried by a vote of 5-0-2 (with Commissioner Belleto recusing himself since he was not appointed to the Commission at the February 12`h meeting and Commssioner Schaefer abstaining due to potential conflict of interest), based on Findings that the proposed project would create too much noise for adjacent neighbors due to the shared common wall townhome design and the cul-de-sac parking arrangement; and WHEREAS, on March 5, 2013, within the statutory 5 day appeal period, Amanda McCarthy, a resident of San Rafael and parent of a child at the family daycare, filed an appeal (AP13-001) of the Planning Commission's action, pursuant to the provisions of San Rafael Municipal Code Chapter 14.28, citing four points of appeal and requesting that the City Council reverse the February 26, 2013 decision of the Planning Commission; and WHEREAS, on May 20, 2013, the City Council held a duly -noticed public hearing to consider the Appeal (API 3-001), accepted and considered all oral and written public testimony and the written report of the Community Development Department staff and closed said hearing on that date; and WHEREAS, following the closure of the public hearing, the City Council discussed the appeal points and the proposal, ultimately voting unanimously to direct staff to prepare a revised Resolution, granting the appeal of the Planning Commission's decision, thereby overturning the Planning Commission decision to overturn the (AP12-007) Zoning Administrator's approval of Use Permit UP12-022. The Council further recommended that the approval include a condition of approval of the Use Permit (UP 12-022) to limit the approval for a period of 6, months, during which time the daycare provider, concerned residents and Community Action Marin staff will meet and confer to address resident concerns about noise, privacy and parking. At the end of the 6 month period, the matter will return to City staff for review and if significant noise or traffic issue are found., the Use Permit may be revoked; and WHEREAS, the City Council considered the revised Resolution to reflect their direction Prom the May 20, 2013 meeting to grant the appeal and overturn the February 26, 2013 Planning Commission decision, including the appropriate findings and conditions of approval; and NOW, THEREFORE, BE IT RESOLVED, the City Council hereby grants the Appeal (AP13-001) of Amanda McCarthy and overturns the February 26, 2013 Planning Commission decision granting the appeal of the Zoning Administrator's approval of Use Permit (UP12-022), thereby granting approval of the Use Permit for a large family day care for 6 months. The City Council finds that the points of the appeal (identified in bold/italics) can be supported for the following reasons: Appeal Point #1: "While there is a common wall adjoining 23 Baypoint Drive and 27 Baypoint Drive (adjacent neighbor and previous appellant, Victoria Pollick), this common wall consists of private family space, both upstairs and downstairs. No children are allowed in this area (save older children, one tat a time and supervised to use the restroom). A solid door separates this area which consists of an open kitchen divided by a counter/bar from an area with a couch, loveseat, and television, or family bedrooms (upstairs). A solid door separates this.area from the daycare. This children's area is separated.rrom this common wall by approximately 30 feet and a closed door." Response and Finding: The Planning Commission's decision was based on their review of the ZA minutes, site visits and analysis of the proposed project's consistency with applicable General Plan 2020 policies and conformance with Zoning Ordinance regulations. In addition, the Commission heard testimony from the ZA decision appellant (adjacent common wall neighbor at 27 Baypoint) that noise and vibrations from activities at the daycare were disruptive. The Commission ultimately voted (5-0-2, with Commissioners Belletto and Schaefer abstaining) to adopt a resolution granting the appeal of the Zoning Administrator decision and thus overturning the ZA's approval. However, based on City Council review of the appeal on May 20, 2013, including the staff report appeal letter, information submitted in comment letters and public hearing testimony, the Council ultimately voted unanimously to grant the appeal of the Planning Commission decision, with the caveat that the Use Permit would be valid for 6 months. The Council found that the noise impacts that the Commission cited as reason for the denial may not be appropriate given the noise readings presented by the appellant. The Council further voted to allow the day care operator and their . neighbors to meet and confer to address the issues of noise and drop-off/pick-up and thus granted the Use Permit for a period of 6 months, during which time the daycare provider (Ramirez Family Daycare), concerned residents, staff from Community Action Marin and the Baypoint Lagoon HOA, will work together to address potential impacts from the daycare regarding noise, privacy and parking safety. The framework for the discussion will be based on the points identified in a letter from the appellant (Amanda McCarthy) to the Council dated May 5, 2013, identifying 6 points that may potentially ameliorate concerns, as listed below: 1. Replace the doors and/or windows of the home to be more "soundless" 2. Installing an A/C system so that the windows do not need to be open when it is hot 3. Conducting a study of "camps" near other "large" home daycares to determine any effect of home daycares on property value while'also engaging a realtor and appraiserlbroker to fully understand any implications for the future sale of your home (my understanding is that there is no difference between 8 children and 14 children) 4. Requiring'a set drop-off and pick-up time "set window" to reduce any perceived impacts of these activities 5. Requiringa' 6 -month or 1 -year (biannual or annual) renewal of the permit 6. Revocation of the permit if any conditions agreed to by neighbors surface Appeal Point #2: "The side yard is not and has never been used as a play area. Therefore, the play area has a 10 foot wide buffer that is not used for play that.is adjacent to a neighbor's yard (19 Baypoint Drive). " Response and Finding: The Planning Commission determined that the outdoor activities of the daycare would have a negative impact on the outdoor recreational spaces for the adjacent neighbors due to the design of the townhomes in the project vicinity (cul-de-sac with small' yards), and the close proximity of the side yard to the outdoor play. area for the daycare. However, the Council determined that while the daycare did introduce a noise element to the neighborhood, there may be ways to mitigate for the noise such that the impact from the daily daycare operations would be more acceptable to adjacent residents. To that end, The Council voted unanimously to grant the appeal, approving a Use Permit for a 6 month time period, during which time, the daycare provider, concerned residents and staff from Community Action Marin will work together to address potential impacts from the daycare regarding noise, privacy and parking safety. Appeal Point #3: "It should be noted that at maximum, should 14 children be present in one day, an increase of 28 car trips would be documented. This would be spaced out over the entire day, as shown in the typical daily log of the day (Attachment E). Based on the existing neighborhood use of ilia roadway, this is not expected to be a significant, not substantial, nor noticeable increase in traffic. In addition, there is ample street parking such that parents are able to park on each side of the "driveway" at any time. 'Parents do not enter the driveway that provides access to each of ilia homes, garages, and guest spaces." Response and Finding: The Planning Commission determined that the loading and unloading of potentially 14 children near the small cul-de-sac presented a safety concern for the children because of limited visibility for vehicle backup in the driveway and potential conflict of vehicles exiting onto the common driveway in the cul-de- sac. The Council determined that there was an opportunity for the daycare provider and the residents to work together and resolve potential drop- off and pick-up concerns. As such, the Counci I unanimously voted to grant the appeal with the caveat that the Use Permit be granted for 6 months only and that all parties work together to consider the suggestions proposed by the appellant and listed in the response to Appeal Point #1 above. The Council has added Condition of Approval #2 to the previously approved conditions, stipulating that the use permit shall return for Zoning Administrator review after the 6 month time period has ended. Appeal Point 94. `In terms of suitability for a large family day care ....for the majority of the day, no more than seven children are present on the premises Any additional childrelr up to the maximum of 14 children include school-age children who are quietly doing homework, reading, or sleeping (ages typically are 5-12). " Response and Finding: The Planning Commission determined that the proposed large family daycare use would be detrimental to properties in the project vicinity, and that small family day care (0-8 children) was a more appropriate size for the daycare operation on site. However, the Council recognized the need for large family day care (9-14 children) in San Rafael and the benefit it provides as a service to the community. The Council heard testimony from adjacent neighbors that the noise from the daycare was an intrusion on their peace and quiet during the day. However, after discussing the potential conflicts, the Council felt that the parties may be able to find a solution that would mitigate the impacts in a way that would allow the daycare to be more compatible with the neighborhood. Ultimately, the Council voted unanimously to grant the appeal and approve the Use Permit for 6 months, with the caveat that the parties work together to consider the suggestions proposed by the appellant (see response to Appeal Point #1 above) as possible conditions of project approval. BE IT FURTHER RESOLVED, based on the Council's action to grant the appeal and overturn the Planning Commission's decision, the Use Permit stands as conditionally approved for 6 months. The proposed minor interior alterations and operation of a large family day care use at 23 Baypoint Drive are exempt from review under the California Environmental Quality Act (CEQA), pursuant to Section 15301 a (Existing Facilities) of the CEQA Guidelines; and BE IT FURTHER RESOLVED, that the time within which to seek judicial review of this decision is governed by Code of Civil Procedure Section 1094.6. BE IT FURTHER RESOLVED, 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 FURTHER RESOLVED, that the City Council does hereby grant the appeal and overturn the February 26, 2013 Planning Commission decision granting an appeal and overturning the November 14, 2012 Zoning Administrator's approval of a Use Permit (UP12-022) for a large family daycare based on the following findings: USE PERMIT FINDINGS (UP12-022) The proposed large family day care use, as conditioned, is in accordance with the City of San Rafael General Plan 2020, the objectives of Title 14 of the City of San Rafael Municipal Code (the Zoning Ordinance), and the purposes of the Planned Development (PD1562) Zoning District in which the site is located because: 1) the child care service use is consistent with General Plan Policy NH -1I (needed neighborhood serving uses) and General Plan Policy NH -52 (encouraging new businesses that provide needed services), 2) large family day care is a conditionally allowable use in the Planned Development zoning district; and 3) the proposed large family day care meets the Performance Standards per Section 14.17.040 of the Zoning Ordinance, including a license from the State of California (license #214005252). However, while the Council did find that the proposed project did meet all performance standards for large family day cares, the Council also found that the performance standards were lacking a strong framework of objective measures to analyze project specific impacts. With a better framework in place, the Council felt there may be an opportunity to minimize the daycare's impact on adjacent properties. As such, the Council voted that the prudent course of action would be to conditionally approve the proposed Use Permit for 6 months, during which time the daycare provider and all effected parties shall coordinate their efforts to try and find ways to mitigate the potential impacts from the daycare use, as delineated in Finding #2 below. 2. The proposed large family day care use, as conditioned, would not 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 because: 1) the proposed project is a conditionally allowed use under the zoning code; 2) the proposed project does not propose any exterior changes to the building or expansion to the building; 3) the proposed project has been reviewed by appropriate City Departments and appropriate HOA; and 4) the proposed passenger loading plan was approved by the Traffic Division. Resident concerns expressed about traffic safety along Baypoint Drive were not specifically associated with the proposed daycare use, but related to.traffic in general. Parking issues specific to the loading and unloading of children at the site have been addressed by adding conditions of approval to minimize potential impacts identified by concerned neighbors, including COA #6, which prohibits parking in the cul-de-sac area and guest parking spaces, and COA #9 which requires a Use Permit amendment (with a public notice and hearing) for any future large family day care facility proposed at 23 Baypoint Drive. At the Council hearing, residents raised concerns about noise from the childcare facility, and the Council heard testimony from the appellant that the added noise was not excessive relative to the amount of time the children will spend outdoors (2 hours/day). In addition, the house at 23 Baypoint Drive faces the street and the outdoor play area fronts on the street side of Baypoint Drive. This will minimize noise impacts to the adjacent property at 19 Baypoint and 27 Baypoint'because the outdoor play area is not adjacent to the recreational spaces for these adjacent properties. Ultimately, the Council voted unanimously to limit the Use Permit for a 6 month period only (Condition of Approval #2). During this time frame, the daycare provider, concerned residents, staff from Community Action Marin and the Baypoint Lagoon HOA, will work together to address potential impacts from the daycare regarding noise, privacy and parking safety. The framework for the discussion will be based on the points identified in a letter from the appellant (Amanda McCarthy) to the Council dated May 5, 2013, identifying the following points that may ameliorate concerns, as listed below: a) Replace the doors and/or windows of the home to be more "soundless" b) Installing an AC system so that the windows do not need to be open when it hot c) Conducting a study of "comps" near other "large" home daycares to determine any effect of home daycares on property value while also engaging a realtor and appraiser/broker to fully understand any implications for the future sale of your home (my understanding is that there is no difference between 8 children and 14 children) d) Requiring a set drop-off and pick-up time "set window" to reduce any perceived impacts of these activities e) Requiring a 6 -month or 1 -year (biannual or annual) renewal of the permit f) Revocation of the permit if any conditions agreed to by neighbors surface. The proposed child care service (as conditioned) complies with each of the applicable provisions of the Zoning Ordinance because it has been reviewed by the Zoning Administrator and found to be a conditionally allowable use in the Planned Development Zoning District pursuant to Zoning Code Section 14.04.020. Further, the proposed project would meet the applicable requirements under the Performance Standards for Large Family Day Care in Section 14.17.040 of the Zoning Ordinance. USE PERMIT (UP12-022) CONDITIONS OF APPROVAL COM 1VIUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Except as modified by these conditions of approval, this Use Permit (UP12-022) approves a large family day care facility for up to a maximum of 14 children. Hours of operation for drop off and pick up shall be between the hours of 6:30 am to 6:00 pm, Monday through Friday. Outdoor playtime is limited to 1 hour in the morning (generally between 11:00 am = 12:00 pm) and 1 hour in the afternoon (generally between 1:30 pm -2:30 pm). Any increase in the hours of operation or increase in the amount of outdoor playtime would require an amendment to Use Permit (UP 12-022). 2. This Use Permit (UP 12-022) is valid for 6 months only, or until December 3, 2013. At the end of this 6 month period, the Use Permit shall be reviewed by the Planning Division staff to review the continued operation of the use and review the progress .by the various parties on implementing measures to address the neighbors' concerns and determine compliance with conditions of approval, as outlined in Condition of Approval #3 below. Based on the review, the Use Permit may be extended or not extended subject to the procedures outlined in Condition of Approval #4 below. 3. Within the 6 month time period, the daycare provider, concerned residents, staff from Community Action Marin and the Baypoint Lagoon HOA, will meet and confer to address potential impacts from the daycare regarding noise, privacy and parking safety. a. City staff will initiate an introductory meeting between the four parties to establish the framework, explain this condition of approval and encourage a cooperative processto find solutions. The framework for the discussion will be based on the points identified in a letter from the appellant (Amanda McCarthy) to the Council dated May 5, 2013, as on file with the Community Development Department, identifying 6 points that may be incorporated as additional conditions of approval to ameliorate concerns, as listed below: i. Replace the doors and/or windows of the home to be more "soundless" ii. Installing an A/C system so that the windows do not need to be open :vf yen it is hot iii. Conducting a study of "comps" near other large" home daycares to determine any effect of home daycares on property value while also engaging a realtor and appraiser/broker to fully understand any implications for the future sale of your home (my understanding is that there is no difference between 8 children and 14 children) iv. Requiring a set drop-off and pick-up time "set window" to reduce any perceived impacts of these activities V. Requiring a 6 -month or 1 -year (biannual or annual) renewal of the permit vi. Revocation of the permit if any conditions agreed to by neighbors surface 4. The 6 month review is to be administered by Planning Division staff, and shall follow the following procedures: a. At least 4 weeks prior to the expiration date, the applicant shall be responsible to submit in writing an update and status on their discussions with concerned residents, staff from Community Action Marin and Baypoint Lagoons HOA. b. Planning Division staff will mail a 15 -day public hearing notice for a Zoning Administrator public hearing to request any written or oral comments on operation of the use and the discussions/agreements made by the working group. c. If there are no significant issues raised from the affected parties, the Zoning Administrator shall have the authority to extend the Use Permit in perpetuity and incorporate.as conditions of approval any and all agreements made by the parties for continued operation of the large family day care. d. If there are significant issues raised or lack of agreement, the Zoning Administrator shall refer the matter for review and action by the City Council. This may result in the non -extension of the Use Permit, requiring that the large family day care cease and operate as a small family day care (8 or fewer children) in a single family home. e. No application fee will be required for this review. .5. The subject property shall be used in substantial conformance with the floor plans and parking/loading plans submitted and stamped Approved May 20, 2013, and shall be the same as' required for issuance of a building permit (if necessary), subject to the listed conditions of approval. 6. The applicant shall inform clients in writing (printed in both English and Spanish, or any appropriate language required by the client) that the approved parking and loading plan is located along Baypoint Drive and no client parking is allowed in the garage driveway apron, the cul-de-sac, or guest parking spaces in the cul-de-sac. A copy of the parking and loading plan instructions to clients shall be forwarded to the Planning Division. 7. No accessory structure over 80 square feet is allowed in the side yard of the property. No stationary play equipment shall be located in required side yards. S. Outdoor activities may only be conducted between the hours of 7:00 am to 6:30 pm. 9. Any new child care service other than the existing approved Ramirez Child Care Services at 23 Baypoint Drive would require an amendment to Use Permit (UP12-022). Such an amendment review shall be done at the Zoning Administrator level, with required public notice. 10. All requirements of the San Rafael Municipal Code and of the implementing zone classification of Planned Development (PD 1562) for the subject property must be complied with unless set forth in the pen -nit and by the conditions of approval. 11, The approval of this permit shall be contingent on approval by the San Rafael Fire Department. Any changes resulting from requirements of the San Rafael Fire Department shall be submitted to the Community Development Department for review and approval prior to commencement of construction. 12. Minor modifications or revisions to the project shall be subject to review and approval of the Community Development Department, Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the original decision making body, the Zoning Administrator. 13. The applicant shall comply with all applicable requirements of the City, County, State, and other responsible agencies. 14. This Use Pen -nit (UP12-022) is only valid as long as the facility maintains a valid license from the State of California as a Family Day Care Home. The day care is currently approved by the State of California under Facility # 214005252. 1, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 3rd day of lune 2013, by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk Ralf. Boyolan, Planning Manager City of San Rafael 1400 Fifth Avenue San Rafael, California 94915-1560 t 11 Baypoint Drive San Rafael, California February 3, 2014 EO r FEB 0 3 20,14 RE: UP 12-022, Permit for Large Day Care Facility at #23 Baypoint Drive Dear Mr. Boyolan: I have attended all meetings and hearings concerning the use permit, including the four mediation meetings at Canal Alliance. As close neighbors of the day care operation, our initial concerns were related to increased traffic and noise. Traffic safety issues were addressed when the decision was made not to allow drop-offs and pick-ups in the cul de sac and not to allow staff to use guest parking spaces. Parents generally comply with requests from Maria Ramirez and her daughter, Leticia Arvizu, to approach from Baypoint Village Drive and park on the same side of the street as the day care facility when dropping off and picking up their children. This eliminates the danger of parents and children crossing the street at the end of a blind curve. Noise remains a major concern and I am writing in empathy with the owners of 927, the unit which shares a common wall with 923. For many months, I had a serious noise problem, bass level sounds, with a neighbor whose unit abuts mine. I felt trapped in my own home by the distracting and depressing effect of these persistent sound transmissions. After Russ Roane. a former owner of a unit in the cul de sac, explained the effect of our units' construction on the transmission of sound at the Planning Commission hearing on February 12, 2013,1 realized I was experiencing forced vibrations. (The architect on the Planning Commission immediately understood the description of the physics involved.) A report commissioned by Amanda McCarthy describes this phenomenon. Lee Brenner, a contractor specializing in noise control and soundproofing, made a site visit on July 9, 2013 between the hours of 3 and 4 pm, which is scheduled nap time for the children. The following is cited from page 4 of his report: De -Coupling of Adjacent Surfaces - Stractural borne noise occurs when the components of the wall, floor or other building elements are set into vibratory motion by direct contact with vibrating sources. These sources can be airborne noise as well as mechanical equipment or domestic appliances. This mechanical energy is transmitted throughout the building structure to other wall and floor assemblies with large surface areas, which in turn are forced into vibration. These vibrating surfaces, which behave like the body of an acoustic guitar, transmit their motion to the surrounding air, causing pressure fluctuations that are propagated as airborne noise into adjacent areas. From Page 5: Vibration Damping - Vibration Damping refers to the technique and the category of materials, which reduce vibrational noise at the source. A structure emits noise when it is excited by forced vibration. This forced vibration can stimulate the resonant frequencies of the structure amplifying the amount of noise. An example of a resonant vibration is the sound that occurs when one strikes a gong. Knowledge of this technical information would have been helpful when I attended the two hearings on October 24th and November 14th, 2012. There was not a balanced assessment of owners' concerns about the behavioral activities of 8-14 children in a unit which shares a common wall. Exclusive attention was given to outside noise. When approval of the permit was announced at the end of the November 14th meeting, there was a heated exchange with Caron Parker, Acting Zoning Administrator. I felt approval of UP 12-022 had been decided before the meeting, rendering the meeting a formality. I question the fairness of having Caron Parker function as Acting ZA, reviewing her own work and decisions on the permit process, as happened for the Planning Commission hearing on February 12, 2013. I understand that you will be sitting in as Zoning Administrator at the February 5th meeting. I hope you will listen with active attention to the genuine complaints about noise generated by 14 voices and 28 active small feet at a site with shared common walls. This aspect of the permit process was not sufficiently considered, a fact recognized by the Planning Commission when it found "noise from the proposed daycare could present an undue burden on the adjacent neighbor" and voted unanimously to revoke the use permit for a large day care facility at F-`23 Baypoint Drive. Sincerely yours, iihx Tornrnie S. Weldon Caron Parker From: Esther Beirne Sent: Tuesday, December 10, 2013 10:55 AM To: Caron Parker Subject: FW: 23 Baypoint Drive, Use permit (UP12-022) Thank you. From: David R [ Sent: Monday, December 09, 2013 6:17 PM To: Esther Beirne Subject: RE: 23 Baypoint Drive, Use permit (UP12-022) Dear Ms. Esther, Hope this will find you well. We are communicating our concern in relation to the subject address use permit (UP 12-022). Six month use permit was granted in June 2013. As the owner/occupant of the adjacent property to 23 Baypoint and do share common wall with subject property; we continue to hear loud voices and children screams on most days during the day-care business hours. The noise abatement that was purposed and mandated doesn't seem to be effective remedy to noise and screams. We asking the City to take close look at this use permit and have it reevaluated again. Many thanks for your kind attention, David Rassas & Victoria Pollick Subject: 23 Baypoint Drive Appeal Date: Fri, 31 May 2013 09:23:08 -0700 From: To: Hi All: Attached please find the material for the 23 Baypoint Drive item, which is on the City Council Consent Calendar on Monday.. June 3, 2013 Law Offices of GLENN H. YOU.NGUN A Professional Law Cor=poration January 29, 2014 am COMMUNITY_DoRoPtjERTRD PMENT 1108 Irwin Street San Rafael, CA 94901 Telephone: (415) 454-1090 Facsimile: (415) 524-2024 GHY@YounglingLaw.com Caron Parker, Associate Planner .City of San Rafael, Community Development Department Planning Division P.Q. Box 151560 San Rafael, CA 94915-1560 Re: Conditional Use Permit (UP 12-022) Large Family Day Care Facility (9-14) The Residence at 23 Baypoint (Duplex) in Baypoint Lagoons Association Dear Ms. Parker: I am.legaLcounseLfor.the Baypoint Lagoons Association, which has asked me to assist them in addressing owner to owner concerns as well as options to mitigate the negative impacts of Large Family -Day Care facility.. My reference points are in the context of their Governing Documents and the,Davis-S:tirling.Act. (See:my earlier correspondence of June 4, 2013 on this matter, which is attached.) It is awkward to start. on this note, but the Association's Board has expressed concern to me about the close: professional relationship perceived between you and Amanda McCarthy. Their concern is bias in. .the handling of this matter.. J pass along their request that the handling of this matter be assigned to a different Zoning Administrator. For the purpose -of City review and whether or not to extend this use permit, be aware that the Association has :made: numerous attempts to contact Heather Ludloff, the property owner of 23 Baypoint Drive; who: has leased her property to the Ramirez family. The Association's contact point is Ms. Ludloff as an owner/member of the Association. Ms. Ludloff has made no attempts to communicate with the Association's Board of Directors. This fact should be ofparticular importance to the City as. she was asked by the City Council to participate in acoustical remediation so that the owner of 271Baypbint.Drive (which. shares a common interior wall) would not be burdened by additional noise generated by the increased number of children. I am aware of meetings conducted by day care proponents but again the Association has had no owner confirmation_of.materials, labor or permits that were used/obtained to perform any remedial work. There are. disci problems with.exterior decay and a fence badly in need of significant repair that the Association is attempting to get owner/member Ludloff to address. It is the owner who must Caron Parker January 29, 2014 Page -2- :answer• to- the Association .in the context of the Governing Documents and the Davis -Stirling ..Comm on. Interest Development Act. There is no working line of communication between the owner/member and the Association. The. owners of 27 Baypoint Drive are communicating with the Association and still report that they can -hear and are :disturbed.by the. greater volume of noise generated by the increased size of the day care center operation. Since-this.is an attached dwelling that does not have fire sprinklers, the Association's interest not only pertains. to a diminishment of the noise but also to the larger issues of fire safety for their community;. Ms. ;Ludloff s. tenants and the increased number of Mrs. Ramirez's clients. The Association .concurs with the reasoning and bottom line of the Planning Commiss'ion's earlier decision against'expanding. the. use to a "large" facility. The time granted to address problems has :.,.not led to•solving;them. The Baypoint Lagoons Association Urges that this permit for a Large :..: Facility°be. denied or withdrawn as: inappropriate for this neighborhood and these homes which share a lot line and interior wall. Very truly yours, . d GLENN H. Y GL A Professional Law Corporation cc: Board c/o Mgr. Raffi Boloyan, Planning Manager GHY:kb/ak 2014.01.291T City.wpd Exhibit 6 January 28, 2014 Community Development Department Planning Division JAI 3 j 2014 City of San Rafael PO Box 151560 PL MNRG San Rafael, CA Attention: Raffi Boloyan, Planning Manager Subject: 23 Baypoint Conditional Use Permit (UP12-022). Dear Mr. Boloyan: I attended the recent 19 December permit mediation discussion called by the daycare applicant/tenant and the appellant, Ms. McCarthy for 23 Baypoint Drive. They summarized the completed improvement to the subject home and what remains pending. From our standpoint as the owner/occupant of the adjacent home with shared walls, we continue to live with the vibration and children's high pitched screams. I work away from home and then return home for a two months stretch; work late at night and sleep during the day. This Large Daycare Operation takes away from my rest and work harmony. Baypoint homes, each two are built on the same "wood deck" foundation. The walls just sit on top of the wood deck, only to create separation. The homes are meant for normal occupancy, residential use. We purchased our home 22 years ago with that in mind. The vibration is potent and can be felt due to the inherent construction of the homes. Large daycares should not be located in townhome settings, but rather in Single family detached homes, free of shared walls and wood decks. We appeal to your sense of reason, understanding and the need for a peaceful setting which we had for the past 21 years. David Rassas Victoria Pollick Zoning Administrator hearing — Public Comments February 5, 2014 Speakingin n support of the project: 1. Heather Ludloff (property owner, 23 Baypoint): kids are well behaved, you can hear them playing but not screaming; feeling that the daycare is living in fear of the neighbors; important that kids have a place where people care and we need to support this; be tolerant; she is willing to plant in yard and add stepping stones. 2. Francine Skates (23 Baypoint): Lived here for 7 years and would never know daycare is there; there is about a 20 foot expanse between the living space at 23 Baypoint and 27 Baypoint; very organized school; there are nosier places to be. 3. Teresa Juarez (friend): Knows Mrs. Ramirez and has never seen any problems; was her first neighbor many years ago. 4. Laura Hill (Department Director, Community Action Marin): The difference in noise between 9-14 kids is not significant; never seen so many complaints from neighbors about noise; Mr. Russ Roane stated the project would cause a "change in character of the community" - what does this mean? 5. Sandy Ponek (Canal Alliance): Family daycare is important; safety issues on site are reviewed and handled by the State; the site is very safe; project brings diversity of age to the community- this is good. 6. Tom Wilson (Executive Director, Canal Alliance): Attended first and last meetings to discuss noise mitigation options and thought the meetings were quite productive; the daycare has been licensed and inspected so safety is not an issue, the daycare has 10 children on site and the rest are in school most of the day; Mr. Rassas is home all day but told me that he was not concerned about noise, but rather, any increase in numbers; Mrs. Ramirez runs a critical community service. 7. Ledes(Community Action Marin): Supervises the site, helps with curriculum and daily routine; the kids are not just running around, they have a schedule and lots of supervision. 8. Paula Sifuentes: I supervise Maria Ramirez and do not hear noise outside when I come to the site; not always 14 kids on site. 9. Liz Burns (Community Action Marin, Child Development Program): Mrs. Ramirez's daycare receives Community Action Marin (CAM) supervision and state mandated qualification, Mrs. Ramirez must submit "desired result" letter to report how children are progressing; state auditors review the operation; never has had a complaint from parents using the daycare; CAM has not received complaints from neighbors about noise; CAM resolved a noise complaint from neighbors adjacent to a daycare center with 220 kids, so we should be able to resolve any noise issues at 23 Baypoint; what is the community's idea of "neighborhood character?"; CAM operating 8 family day care locations; CAM forced to close infant care facility so family day care is the only place for infants to go; family day care is a good investment. 10. Florensa Parada: I didn't have childcare for 2 years. This negatively impacted my ability to work and the kid's education; family daycare is important to everyone; waiting lists are very long; Maria Ramirez provides a good quality service; we can work out the noise issue and build relationships; no discrimination 11. Maria Ramirez (daycare provider and applicant): Daycare operating with all required permits (Fire, State and use permit) and has insurance; licensed for 14 kids since she started at 23 Baypoint; cannot exceed the maximum allowed (14 kids) because she would lose her State license; kids play outside %2 hour/day, reduced from 1 hour, installed rubber matting on ground outside to reduce noise; kids do not go near other properties; kids are supervised by parents during drop-off and pick-up; respect neighbors and have tried to do anything she can to reduce noise. 12. Leticia Arvizu (Ms. Ramirez's daughter): The daycare has 4 school age kids and 10 kids in the home; there is another large family daycare in the area (185 Bahia) with the same HOA; My Mom is trying to do everything to compromise with neighbors; no 100% happiness for anyone; only a difference of 2 kids between small family daycare and large family daycare; offer neighbors to come meet the family and see the daycare operation; daycare has nothing to do with property landscaping and the fence is not an issue to run the daycare 13. Ken Bateho (75 Belvedere): Implements "raising a reader" in 26 home day care locations; Mrs. Ramirez is the best run daycare that he has seen. Great teaching. 14. Mr. Arvizu (Mrs. Ramirez's son): There were no noise complaints until the ZA notice went out for the use permit back in November 2012; if neighbors had not been notified, neighbors would not know that the daycare was large family; the neighborhood is growing and diversity is coming, feel that neighbors in opposition are pulling in things like traffic and landscaping — and this has nothing to do with daycare; change is coming. Speaking in opposition to the project: 1. Russ Roane (39 Baypoint): Lives in Oregon and speaking on behalf of Victoria Pollick. There are 3 issues: a) the noise standard is subjective and the property owner at 27 Baypoint does not think mitigation measures have solved the noise issue; b) the daycare is causing a change in the character of the community; and c) problems between HOA and landlord and leasee should make sure safety issues are addressed. How will they be addressed? Fence is still broken. 2. Victoria Pollick (27 Baypoint, common wall neighbor to 23 Baypoint): Sound board installed is ineffective; my husband is at the house for 6 weeks straight and needs to sleep during the day. 3. Karen Thomas (135 Baypoint): Representing the HOA; thought there were only 8 kids at first; read an HOA statement, concerned about the noise, property owner at 23 Baypoint will not work with HOA on site improvement issues; noise has to be abated for HOA to support the project. 4. Star Taber (31 Baypoint): Unsafe for kids on arrival; can hear noise in her yard and never heard noise before. 5. Christine Bachman (10 Avocet): On the HOA's Architectural Board Committee; lawn at 23 Baypoint is in complete disrepair; HOA cannot approve stepping stones without first getting the yard repaired; HOA attorney is communication with property owner, HOA is interested but limited in its ability to participate; replaced the windows in her house and it made a significant huge difference in sound. 6. Tommie Weldon (11 Baypoint): Noise issue at my house and with my adjacent neighbor; in support of Vicki Pollick; supports daycare. NOTICE OF PUBLIC HEARING - CITY COUNCIL •../ "ZJ You are invited to attend the City Council hearing on the following proposed project: PROJECT: 23 Baypoint Drive - Request to extend the use permit approved for a Large family Day Care use (9-14 children). On November 14, 2012 the Zoning Administrator conditionally approved a use permit (UP12-022) for a large family day care to operate at 23 Baypoint Drive. This decision was appealed to the Planning Commission (AP12-007), which granted the appeal. The Commission's decision was appealed (AP13-001) and overturned by the City Council, at which time, the Council voted to grant the use permit for 6 months and directed the applicant t( work with neighbors to find solutions to potential noise issues. Based on a 6 month period, some neighbors are still not in support of the use permit and therefore, based on the City Council condition of approval (COA #4), the project will be returned to the Council for final review and action. APN # 009-362-20; Planned Development (PD 1562) Zoning District; Heather Ludloff, owner; Leticia Arvizu, applicant; File No: UP12- 022. As required by state law, the project's potential environmental impacts have been assessed. Planning staff recommends that this project will not have a significant effect on the environment and is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 Existing Facilities). If the City Council determines that this project is in an environmentally sensitive area, further studies may be required. MEETING DATE/TIME/LOCATION: Monday, May 5, 2014, 7:00 p.m. City Council Chambers, 1400 Fifth Ave at D St, San Rafael, CA FOR MORE INFORMATION: Contact Caron Parker, Project Planner at (415) 485-3094 or caron.parker@cityofsanrafael.org. You can also come to the Planning Division office, located in City Hall, 1400 Fifth Avenue, to look at the file for the proposed project. The office is open from 8:30 a.m. to 5:00 p.m. on Monday and Thursday and 8:30 a.m. to 12:45 p.m. on Tuesday, Wednesday and Friday. You can also view the staff report after 5:00 p.m. on the Friday before the meeting at http://www.citvofsanrafael.org/meetings WHAT WILL HAPPEN: You can comment on the project. The City Council will consider all public testimony and decide whether to accept the 6 month report and whether to direct any further changes to the Use Permit. IF YOU CANNOT ATTEND: You can send a letter to Esther Beirne, City Clerk, City of San Rafael, P.O. Box 151560, San Rafael, CA 94915- 1560. A letter can also be hand -delivered to the City Clerk's office prior to the meeting. At the above time and place, all letters received will be noted and all interested parties will be heard. If you challenge in court the matter described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered at, or prior to, the above referenced public hearing (Government Code Section 65009 (b) (2)). Judicial review of an administrative decision of the City Council must be filed with the Court not later than the 901" day following the date of the Council's decision. (Code of Civil Procedure Section 1094.6) Sign Language and interpretation 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 through Golden Gate Transit; Line 22 or 23. Para -transit 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. Attachment 5 Caron Parker From: Raffi Boloyan Sent: Wednesday, April 09, 2014 11:42 AM To: tomw@canalalliance.org Cc: Caron Parker (Caron.Parker@cityofsanrafael.org) Subject: FW: upcoming hearing on 23 Baypoint Family Daycare Attachments: Planning Commission hearing for 23 Baypoint-February 2014[1].pdf Hi Tom I have forwarded your email and information to Caron Parker, the project planner. She will make sure this is included in the Council's packet when it goes to them before the 5/5 Council meeting Thank you for your interest in this project Raffi Raffi Boloyan CITY OF SAN RAFAEL Planning Manager COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION P.O. BOX 151560 SAN RAFAEL, CA 94915-151560 TEL: (415) 485-3095 FAX: (415) 485-3184 From: Tom Wilson [mailto:tomw@canalalliance.org] Sent: Wednesday, April 09, 2014 11:29 AM To: Raffi Boloyan Subject: upcoming hearing on 23 Baypoint Family Daycare Hello Raff I am attaching Dr.Amanda McCarthy's letter as a way of supporting in full her position and would like my name and Canal Alliance to be on the record for supporting the granting of a Conditional Use Permit for a large family daycare at 23 Baypoint. From what I have seen, both at the meetings held at Canal Alliance and at the hearing before the Commission, the claims and complaints of the Baypoint Owners Association et al are frivolous and without merit. The provider is operating a well-managed and well-run, family day care that is a much needed resource in the community. The claims of excess noise have been repudiated by the next door neighbor, David from 27 BaN point, who stated in our last meeting that sound at the current level didn't bother hi-,. but lie was afraid that an increase in size of the daycare would. As we now know, the size will not increase with the CUP because she is operating a large daycare currently. I am afraid frankly that, as was stated at the hearing at your office, that the real fear is for the "character of the community which to my ears, practiced at hearing the thinly veiled words people use when they don't want "the other" to live in their neighborhoods, whether that may be people with children or people of color. The childcare operator has bent over backwards to answer the complaints of the neighbors and has more than proved that SHE is the good neighbor and will continue to run a quality, well-managed business. Those present at the hearing, including the owner of the condo that the daycare occupies, and many others spoke to the quality and professionalism of the operator. Her family is behind her and involved, the parents of the children are involved. In my opinion, we could not and should not ask for more from this operator. I urge the Council to grant the Conditional Use Permit for a Large Family Childcare at 23 Baypoint. It is good for the community, and good for the City. Sincerely, Tom Wilson Tom Wilson€ Executive Director Direct: 415.303.0426 € Cell: 415-497.9741 www.canalailiance.org cann aWance Dr. Amanda McCarthy 83 Clyde Avenue San Rafael, CA 94901 February 2, 2014 Caron Parker City of San Rafael Planning Division P.O. Box 151560 San Rafael, CA 94915-1560 Re: File No UP12-022—Planning commission hearing Dear Ms. Parker, I am writing to comment on the planning commission hearing regarding the Conditional Use Permit for the large family daycare (9-14 children) at 23 Bayoint Drive, as this issue will now be going to the City Council for presentation and resolution. My interpretation of the public hearing comments are the following: 1. The City Council requested that "the applicant... work with the daycare provider, concerned residents, staff from Community Action Marin, and the Baypoint Lagoon HOA to find solutions to potential noise issues, and directed staff to hold a ZA hearing at the end of 6 months to review noise mitigation measures proposed by the day care provider." At the hearing, Karen, a representative of the Baypoint Lagoon HOA, read a statement and indicated that the HOA could only interact with homeowners, and could not participate in the process nor comment. However, the HOA participated in the hearing (and previous hearings) on behalf of the residents of 27 Baypoint, stating that noise continues to be a concern. This appears to be conflicting—they either can comment and participate in this process or they cannot. It appears that the HOA will participate only to comment that they support the denial of the CUP, but will not participate in any mediation or compromise between 27 Baypoint and the owners of 23 Baypoint (or operators of the daycare). Because of this blatant abuse of the process, I believe that any comments from the HOA should be dismissed from the case, or the HOA should be required to participate in the mediation process. 2. Other neighbors at the hearing commented that they are sympathetic to the residents of 27 Baypoint only, and that if the residents of 27 Baypoint were satisfied with the mediation process, they would be satisfied. However, the residents of 27 Baypoint did not participate in the mediation process and are not willing to compromise. They documented during the hearing (and in the final meeting of the process) that they are home only part time during the year (Victoria works from home four days/week and David works from home 6 weeks at a time). They also have only had neighbors that lived alone or lived with a spouse—no children or family has ever lived as a neighbor in the home. David implied that they would like that level of noise to be the "existing condition." I believe that they did not participate in the process because there is no compromise or condition that would satisfy this need, other than the daycare not being present at the location (at this size or at a reduced size). I believe that, their hope is, if the CUP is denied, the daycare will be forced to find an alternative location—however, there is no alternative location in the City, nor, in particular, the Canal district. 3. The public comment continues to assert that the CUP will result in an increase in the number of children or activity at the daycare—the daycare has always operated and will continue to operate at the current size with approval of the CUP. The reality is that there are typically 10 children present at the home for the hours from 8am-5pm. Denial of the CUP would result, then, in a decrease of only 2 children at the site during the day. Any sound assessment conducted, nor individual, would not be able to detect this reduction. The sound engineer that assessed the site documented that it is likely not noise, but vibration that could impact the shared wall neighbor at 27 Baypoint—there will certainly be no difference between 8 and 10 children with regards to vibration. 4. The public comment also continues to bring up the poor construction of the homes in this neighborhood. However, the majority of homes in San Rafael (particularly shared wall homes) have similar construction or are much older buildings. Indeed, in the Canal District, in particular, 90% of homes are of shared wall construction built prior to sound abatement technique practice. If the City agrees that this is not a "suitable location" due to the "inferior" construction of the homes, there is no location in the Canal District where a family home daycare can be located—and, of all neighborhoods in the City, the Canal District likely has the greatest need for affordable, quality childcare. I believe, from public comment, my work in the mediation meetings, and discussions with Deborah Vandervoort at 19 Baypoint (adjoining side yard to 23 Baypoint), that the real issue is not noise, vibration, safety, or any other item that has been discussed. It is the "character" of the neighborhood as a retirement community for older married couples (not families) that is of concern. Families are a part of life and, in most communities, a family daycare would be a valuable asset. Indeed, as this neighborhood transitions through home sales etc., the character will more closely emulate other areas of San Rafael and the Canal District and this resource will be highly valued in the community and neighborhood. I do not believe that there will ever be universal agreement on this topic, at this or at any location. As requested by the City Council during the hearing in May, a review and subsequent amendment to the general plan should be made that dictates what locations are acceptable for the location of a daycare of 9-14 children so that disputes of this kind can be avoided. Please tell us what acceptable locations are so that the service can be provided to the community without neighbor review. This issue will continue to be of concern to the community at other locations. Please contact me with any questions or concerns. Kindest regards, Amanda McCarthy 18 de Abril del 2014 A quien corresponda: 14i nombre es Matilde Alvarez, soy la mama de Samanta Alvarez. Estoy escribiendo esta carta en apoyo del daycare Ramirez. Ofresco mi apoyo porque ]as personas aqui estdn muy preparadas, este lugar es muy seguro, limpio y mi hija aprende mucho. Si redujeran el cupo, me afectara mucho porque tengo trabajar, y seria muy diffcil buscar personas preparadas y de conflanza para que me cuiden a mi hija. Les pido de favor que nos ayuden a mantener este daycare con los cupos para que ninguno de nuestros hijos pierda ]a oportunidad nj el beneficio de un buen cuidado y buen desarrollo. Muchas gracias. RECEIVED Matilde Alvarez MAY 0 5 2014 ( /x" A, PLANNING 0, + C kc L vim. ([ hCLvP, rl-�Pc-lc-+ ct( k -Vo �:�Irvol C, Pte ct 3-C jcf C�Pcf 'L�—\ ai-recocut' 18 de Abril del 2014 A quien corresponda: Mi nombre es Mariela Sanchez, soy la mama de Emanuel Ruiz Sanchez. El esta en el daycare Ramirez. Como madre soltera, necesito trabajar para poder mantener a mis tres hijos. Apoyo el daycare Ramirez porque le ayudado mucho a mi hijo, el aprendido macho y to esta preparando para ]a escuela. Para mi es mocha ayuda tener espacio en este daycare y poder terser la ayuda para poder trabajar, Mi hijo esta muy seguro aqui. Les pido que fios ayuden a terser este daycare para beneficio de nuestros hijos. Muchas gracias. Ma7riela Sanchez ( MAY o 5 2014 PLANNING tn Cvf kA, _e u P_ -3 1'e a r r -l -CA CL 14- V - w s r) pCI-cc, r C -p Oct tyl I -F c C"'� C:), C k AC SC) ry'UC n 18 de Abril del 2014 A quien corresponds, Mi nombre es Mardis De Leon, mama de Haylee Lopez. Con esta carta quiero demostrar mi apoyo al daycare Ramirez. Para nosotros padres nos beneficia este daycare, me siento muy segura, tengo otro hijo cual ya estuvo en este daycare antes. Si redujeran el numero de niflos nos afectarfa mucho ya que es muy diffcil encontrar lugares seguros. Tal vez tenga que dejar trabajar, pero yo necesito trabajar para poder mantener a mis hijos. Les pido que nos ayuden por favor. Muchas gracias, Marilis De Leon "IT:Arp -) L ( PLk N i I G I LluO UC ,r H L (J- ppc-VA cfaG 0 1 cw� dcbT'cfk-eI elb"-e( V e- --tl- GL;cL-)&A 4��-4 rrdurpd 1;-r wcvtcinG� c. 6-"'t <--:�/Vzoor-f (01PO(C-�- S (�j CC ptcce3 fir' 'c (-CD is1 Of' kcl rwed --/-0 t -'-c cl/cDce CloU k\oz' I'D . u 0 oo-� c h Ir 18 de Abril del 2014 A quien corresponda- Yo, Pedro Tecum, papa de Brandon Tecum. Apoyo el daycare de Ramirez. Si to cierran seria un gran impacto para los padres. Si pueden ayudenos, necesitamos ayuda ya que nosotros necesitamos este daycare. El daycare ayuda a preparar a nuestros hijos para que se vallan ala escuela. Por favor ay6denos para que este daycare le den el per miso necesario. Gracias por su atenci6n, Pedro Tecum ( NO- I �A 14f �OU Ca I cz� HIP hDLV U ilw. - MAY 05 2014 need 18 de abril del 2014 A quien corresponda, Soy el papa de Daisay Casas. En primero nosotros de padres trabajamos. Mi hija ya esta acostumbrada al daycare Ramirez. Ella ha esta en muchos lugares y nunca habfa estado tan contenta como aquf. Si mi hija se tuviera que mover, nos afectarfa macho ya que para nosotros es diffcil encontrar cuidados de conflanza. Nosotros apoyamos este daycare. Por favor ay6denos a obtener este permiso para que nuestros hijos reciban un bueno cuidado y est6n en un lugar seguro mientras trabajamos. Muchas gracias, Saul Casas ( �j jAY 0 5 ?-0.I it PLANNIING ccvI Ce�r ov� av) Cad �tb po-CL ��c�r nj JPS �W�CAaCj P(CACe�S 10(-4- a's C6 kc L-� \A CO/ Lt\) eA 1A. r"Al- t 1A 1_ 18 de Abril del 2014 A quien corresponda: Mi nombre es Alma Renderos, soy la mama de Christopher Renderos. El que mi hijo venga al daycare Ramirez nos beneficia mucho, mi hijo aprende mucho, esta en un lugar seguro y ami me ayuda en que puedo trabajar y estudiar para un mejor Futuro para mis hijos. Si perdiera el cupo me afectarfa mucho en el sentido que tendrfa que buscar a una persona no adecuada para cuidar a mi hijo, mi hijo dejara de aprender, y yo tendrfa que trabar aun mas porque ya no recibiera la ayuda y pasarfa menos tiempo con mis hijos. Les pido que nos apoyen y nos ayuden a mantener este daycare para que nuestros hijos sigan recibiendo un buen cuidado en un lugar seguro y ligan aprendiendo y preparAndose para la escuela. Muchas Gracias. MAY 0 5 2014 Alma Renderos ( PLANNING y C cc, CA, h un 17 -and ace -4 of os' a + Cj r- Ck 0 9-6 Sch 0 kOV CA CL C4( :v Of 0,10- I V-ovc u a r CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 7.a DATE OF MEETING: MAY 5, 2014 FROM: Paul Jensen, Community Development Director (CP) DEPARTMENT: Community Development DATE: April 28, 2014 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL APPROVING A 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 AT 23 BAYPOINT DRIVE; (APN: 009-362-20) Department HeNd (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager (signature) NOT APPROVED APPROVED AS TO FORM: F City Attorney (signatur )