RESOLUTION NO. 2000-(Draft)

A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON

DENYING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING CHURCH AND SCHOOL (ST. HILARY’S CHURCH)

ASSESSOR PARCEL NOS. 55-253-11, 55-253-18 & 55-221-06

WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows:

A. On October 25, 1999, the Town of Tiburon received an application for a conditional use permit to expand the facilities for an existing church (St. Hilary’s Church) for the subject property located at 761 Hilary Drive (Applications #19908). The application consists of the following:

1. Application form and supplemental materials received October 25, 1999

Revised project description, dated June 15, 2000

Letter from Case Architects, dated June 12, 2000

Focused Traffic/Parking Analysis prepared by George W. Nickelson, dated January 25, 2000, and supplemental traffic review, dated June 8, 2000

Acoustical Analysis prepared by Lumina Technologies, dated July 26, 1999, and revised acoustical analysis, dated June 17, 2000

Geological and Geotechnical Investigation prepared by Treadwell & Rollo, dated October 25, 1999, and letters from Treadwell & Rollo, dated January 26, 2000 and June 21, 2000

Hydrologic Analysis dated October 25, 1999

Geologic Reconnaissance and Boring Location Map, dated October 22, 1999

Floor plans and elevations dated October 25, 1999, and revised floor plans and elevations dated June 26, 2000

The proposed project would include the construction of a one-story, 4,700 square foot parish center; an 8,300 square foot, 30 foot tall gymnasium; a single-story 9,000 square foot classroom addition; a single-story, 2,900 square foot convent; and a single-story, 3,075 square foot rectory.

The Planning Commission held duly-noticed public hearings on May 10, June 28 and August 9, 2000, and heard and considered testimony from interested persons. Information and testimony presented in the course of these public hearings included the following:

Information provided by the applicant indicated that the proposed gymnasium would be used on weekday evenings and weekend daytime for Catholic Youth Organization (CYO) basketball and volleyball purposes. CYO basketball games would be held from November through March on Saturdays from 8:00 a.m. to 6:00 p.m., and on Sundays from 12:00 noon to 6:00 p.m. Basketball practices would be held on weekdays from 3:30 p.m. to 8:00 p.m. CYO volleyball games would be held in September and October on Saturdays from 10:00 a.m. to 4:00 p.m., with practices twice a week on weekdays from 3:30 p.m. to 6:30 p.m.

Testimony from two separate traffic consultants indicated that the use of the proposed gymnasium would result in an increase of approximately 18 vehicle trips per hour during the periods of CYO games and practices.

Testimony from two separate noise consultants indicated that noise from the activities involved with the proposed gymnasium would be audible to residents of homes in the surrounding neighborhoods.

Testimony was received from two individuals with experience involving CYO activities that indicated that children participating in these games and practices often engage in boisterous behavior outside of gymnasiums before and after the organized activities, resulting in additional noise that would likely be audible from nearby homes.

The streets surrounding the subject property, including Rock Hill Drive and Hilary Drive, currently receive traffic beyond that normally anticipated in a low-density residential neighborhood primarily caused by the proximity of St. Hilary’s Church and school, the Community Congregational Church and Del Mar Middle School.

D. The Planning Commission, based upon application materials and analysis presented in the May 10, June 28 and August 9, 2000 Staff reports as well as visits to the site and public testimony, finds that the proposal is inconsistent with the required findings necessary to approve the subject application for a conditional use permit application as described as follows within Section 4.04.02 of the Tiburon Zoning Ordinance:

Determine whether the location proposed for the Conditional Use applied for is properly related to the development of the neighborhood as a whole.

The proximity of homes along Hilary Drive below the site and homes on Rock Hill Drive and Via Paraiso West above the site create the heightened potential for impacts on the surrounding homes and streets during otherwise quiet times for this neighborhood on evenings and weekends. The noise, lights, and traffic generated by the proposed project would be incompatible with the quiet of the neighborhood during the evening and weekend times during which the proposed CYO activities would occur.

Determine whether the location proposed for the particular Conditional Use applied for would be reasonably compatible with the types and uses normally permitted in the surrounding area.

The proposed gymnasium does not appear to be compatible with the surrounding low-density residential neighborhoods. The proposed athletic programs would have probable effects in the hours that the neighborhoods have a right to rely on peace and quiet. While neighborhoods often bear a burden when a church or school is in the vicinity, the activities within the proposed gymnasium would unnecessarily intrude on the usual hours of respite from that noise and traffic that are currently enjoyed by most low-density residential neighborhoods, and make the proposed use incompatible with the types of activity and uses normally permitted in the surrounding residential area.

Evaluate whether or not adequate facilities and services required for such use exist or can be provided.

The proposed CYO athletic programs currently use other gymnasium facilities elsewhere in Marin County. Students at St. Hilary’s School have used outdoor playgrounds, and could utilize either the proposed gymnasium or a smaller multi-purpose room for recreational purposes. The topography of the Tiburon Peninsula restricts the development of many space-intensive recreational facilities, and as a result has historically limited the ability to provide a complete range of recreational services for children without creating unnecessary impacts on surrounding residential neighborhoods.

Stipulate such conditions and requirements as would reasonably assure that the basic purposes of this Ordinance and the objectives of the General Plan would be served.

Due to the amount of time needed to hold the desired CYO games and practices, it would not be possible to stipulate conditions of approval that would make this intense use compatible with the character of the surrounding neighborhood. It is impossible to micromanage the inherently exuberant athletic activities associated with the CYO use of the proposed gymnasium at the hours proposed to produce compatibility with the quiet of a neighborhood during the evenings and weekends.

Determine whether the Town is adequately served by similar uses presently existing or recently approved by the Town.

Although Tiburon is not served by another similar gymnasium, the St. Hilary’s CYO activities are adequately served by other athletic facilities elsewhere in Marin County. Similarly, the students at St. Hilary’s School have been adequately served by the athletic facilities presently on the property for many years.

The Planning Commission further finds that the subject application is inconsistent with Section 4.04.03 of the Tiburon Zoning Ordinance, which states that the following factors shall be considered in determining whether or not any conditional use should be permitted in a specific location:

The relationship of the location proposed to:

The service or market area of the use or facility proposed.

Although the location of the proposed gymnasium on the grounds of St. Hilary’s School is convenient for the recreational activities of the school, CYO teams would need to travel longer distances from around Marin County to participate in games at this facility. The subject property is not located on a major thoroughfare, and is therefore not ideally suited for use by children who have to travel from elsewhere on the Tiburon Peninsula and across Marin County through a residential neighborhood to this site.

Transportation, utilities, and other facilities required to serve it.

The use of the proposed gymnasium would increase traffic levels on Rock Hill Drive and Hilary Drive during traditionally off-peak hours in this low density residential neighborhood.

Other uses of land in the vicinity.

The subject property is surrounded by low density single-family residential neighborhoods, which would be negatively affected by the increased noise, traffic and activity levels caused by the CYO use of the proposed gymnasium.

Probable effects on persons, land uses, adjoining properties, and the general vicinity, including:

Probable inconvenience, damage, or nuisance from noise, smoke, odor, dust, vibration, radiation, or similar causes.

The surrounding residential neighborhoods would be exposed to increase noise levels from activities within and outside the proposed gymnasium, including sounds from games being played, cars entering and leaving the site, whistles and buzzers, and parking lot conversation and commotion that sporting events typically generate. The 24-hour weighted noise averages calculated by the noise studies for this project do not address the peaks of noise that the neighborhood will be exposed to from the gym. These audible noises will result in probable inconvenience for the residents of the surrounding neighborhoods, particularly during the evening and weekend hours during which CYO practices and games would occur.

Probable inconveniences, economic loss, or hazard occasioned by unusual volume or character of traffic or the congregating of a large number of people.

It is probable that the extra traffic and disruption caused by the proposed CYO activities would result in inconveniences during previously quiet hours for the surrounding low density residential neighborhoods.

The number of such uses presently existing or recently approved within the area.

No other churches or private schools in Tiburon are developed with a gymnasium similar to that proposed under the subject application.

The need of the community for additional numbers of such uses, paying particular heed to whether the neighborhood is already served by similar uses.

The needs for recreational space to serve the applicant’s CYO teams is currently met through existing arrangements with other facilities elsewhere in Marin County. The recreational needs of the school may be met through the construction of a multi-purpose room similar to that used by other public schools in Tiburon, which would be less disruptive for the surrounding residential neighborhoods.

The Planning Commission further finds that the subject application is inconsistent with the following goals and policies contained within the Land Use Element of the Tiburon General Plan:

Policy LU-1 states that "the Town shall provide for sufficient diversity of land uses such that public, quasi-public, recreational and shopping facilities are conveniently located and available to each resident of the community." The subject property is not located on a major thoroughfare, and is therefore not conveniently located for use by children who have to travel from elsewhere on the Tiburon Peninsula and across Marin County through a residential neighborhood to this site.

Policy LU-2 states that "the Town shall coordinate its land use and zoning plans with the County of Marin, Strawberry Community, the City of Belvedere, Town of Corte Madera, LAFCO, and other agencies and jurisdictions to provide for more effective comprehensive planning." This policy acknowledges that Tiburon, as nearly all surrounding towns in Marin County, provides resources (in this case, for children’s athletic programs) by sharing facilities of other towns and carpooling to other locations. The current arrangement for scheduling CYO games and practices at other locations in Marin County is consistent with this concept of land use coordination and comprehensive planning. Imposing the impacts of providing for additional regional recreational needs on the neighborhood surrounding St. Hilary’s would contradict the purpose of relying on this inter-jurisdictional coordination for providing these services.

Goal LU-B is "to ensure that all land uses, by type, amount, design, and arrangement, serve to protect and enhance the low-density residential and village character and image of the community." The additional noise and traffic which would occur as a result of the proposed CYO games and practices would be incompatible would degrade the peace and quiet currently experienced by the neighborhoods surrounding the subject property, and would therefore detract from the low-density residential character in the vicinity of this site. The amount of construction proposed, as included in the current application, would exceed the 15.0% maximum lot coverage permitted in the RO-1 zone in which the subject property is located, and would therefore be inconsistent with the low-density character required for this property.

Goal LU-A is "to provide an orderly balance of public and private land uses within convenient and compatible locations throughout the community." The historical use of this church and school adjacent in the midst of residential neighborhoods has resulted in a land use balance which has been accepted by residents in the vicinity. The addition of a gymnasium with CYO games and practices seven months a year would upset this historical balance of activities and result in land uses whose impacts would threaten to overwhelm the peace and quiet of the surrounding residential neighborhoods.

The Planning Commission finds that the project would therefore not, on balance, further the goals and policies of the General Plan with respect to the proposed conditional use permit.

Section 2. Denial.

NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the Town of Tiburon does hereby deny the proposed application for the reasons set forth above.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon on September 13, 2000, by the following vote:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

________________________________

JEFFREY SLAVITZ, CHAIRMAN

TIBURON PLANNING COMMISSION

ATTEST:

______________________________

SCOTT ANDERSON, SECRETARY

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