AgdaPkt 2000-03-27 - Laserfiche WebLink

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5. STAFF REPORTS - A. Appeal of Zoning Administrator's Decision to Grant a Use Permit for a Church at 1406 Radio Road: Recommendation: To uphold the Decision of the Zoning Administrator to Grant a Use Permit for a Church at 1406 Radio Road; Principal Planner Passinisi stated staff received an application for a use permit for a church at 1406 Radio Road. The site was previously a radio station site with the main building on Radio Road and accessory buildings in the rear of the property. The property is located on a recently adopted Redwood Shores Bayfront Zoning District and a church use requires a conditional use permit. The use permit was granted subject to numerous conditions including restricting the activities of the church to certain times, paying a one-time traffic fee, prohibiting commercial childcare, requiring the removal and clean-up of all former radio equipment, antennae, etc. The use permit is being appealed by the Redwood Shores Owners' Association (RSOA) citing the RSB District requirement of preparation of a specific plan. The RSB District does state that a specific plan must be prepared prior to any development on the site. It also states that the specific plan must cover the entire RSB zoing district which includes the KNBR site to the north and the SBSA site to the south. It is staff s opinion that a specific plan is not required for the church use. As stated in the City Attorney's opinion, included in the packet, the specific plan requirement only applies to new construction and because the church use does not represent new development, a specific phm would not be necessary. The church plans occupy only existing structures and will not be expanding beyond the upland or developed area of the site. Mr. Passinisi continued that a specific plan would be beneficial if there was new development on the church and the adjoining properties so that the City could see the relationships of the buildings, the roads and all the infrastructure. However, KNBR has stated that it has no plans to build on their property to the north, nor does SBSA have any interest in building out on their property. There is a condition in the use permit, that any expansion of the church would trigger a specific plan. In conclusion, staff believes that Council should uphold the decision of the Zoning Administrator and that no specific plan be required for church use. Council questions were addressed concerning definition of area plan and specific plan, the intent of the ordinance and questions about infrastructure work needing to be done. City Attorney Schricker made a statement with respect to the representative of the owner of the property, the Fully Alive Church. He stated the counsel representing the client, formerly represented the City of Redwood City in context of the Corps of Engineers permit for the levee project. They ceased represention sometime in 1995-1996, but as a matter of disclosure, they chose to remind the City of that fact. Upon review, Mr. Schricker found no legal conflict of interest in the particular context of this appeal. March 13,2000 PAGE 4 REGULAR COUNCIL MEETING MINUTES "T -