HomeMy WebLinkAboutCC Resolution 10777 (Saint Mark's School)RESOLUTION NO. 10777
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING
A USE PERMIT AMENDMENT (UP 00-14), WETLAND MITIGATION AND,
MANAGEMENT PLAN AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT
(ED 00-39) FOR ADDITIONS TO THE SAINT MARK'S SCHOOL CAMPUS LOCATED AT
39 TRELLIS DRIVE
(AP NO. 175-060-01)
The City Council of the City of San Rafael finds and determines that:
WHEREAS, on June 17, 1991, the City Council adopted Ordinance 1605 establishing
PD District (ZC 91-3) and conditionally approved a Use Permit (UP 91-13) and Environmental
and Design Review (ED 91-22) authorizing the establishment of a private school on a closed
public school site located at 39 Trellis Drive; APN 175-060-0; and
WHEREAS, in April 2000, Saint Mark's School filed planning applications with the
City, proposing to construct a 9,216 square foot multi-purpose building and 4,896 square foot
classroom building for arts and science classes at Saint Mark's School, and associated landscape
and parking lot improvements; and
WHEREAS, consistent with the provisions of California Environmental Quality Act
(CEQA), an Initial Study/Mitigated Negative Declaration was prepared finding that the proposed
project would not result in significant environmental effects in that revisions to the project have
been made or agreed to by the project proponent to mitigate potential adverse impacts; and was
adopted by separate resolution of the City Council; and
WHEREAS, on October 24, 2000, the Planning Commission held a duly noticed public
hearing on the proposal, accepting public testimony and the written report of the Department of
Community Development staff. On a 6-0-1 vote (O'Brien absent), the Planning Commission
adopted Resolution 00-23 recommending to the City Council the approval of the applications;
and
WHEREAS, subsequent to this public hearing, it was determined that a small wetland
(approximately 1,180 square feet) exists on the southern portion of the project site, in the area of
the proposed multi-purpose room and realigned perimeter road; and
WHEREAS, as a result of the discovery of the wetland, the project sponsor amended the
project applications to include a request to be permitted to fill 593 square feet (0.01 acre) of the
existing wetland area and mitigate the loss of the wetland by creating a new wetland that would be
created adjacent to the existing wetland at a 2:1 replacement ratio, and
WHEREAS, on February 13, 2001, the Planning Commission held a duly noticed public
hearing on the proposal, including a Wetland Mitigation and Management Plan, accepting public
testimony and the written report of the Department of Community Development staff. On a 4 -2-
1 vote (O'Brien absent), the Planning Commission adopted Resolution 01-06 recommending to
the City Council the approval of the applications; and
WHEREAS, on February 20, 2001, the City Council held a duly noticed public hearing on
the proposed applications, including a Wetland Mitigation and Management Plan, accepting public
testimony and the written report of the Department of Community Development staff.
NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council finds that
there is substantial evidence in the record showing that the amendment to the Saint Mark's
School Use Permit (including a Wetland Mitigation and Management Plan), and the
environmental and design review permit are consistent with the policies and programs of the San
Rafael General Plan 2000 and the provisions of the San Rafael Zoning Ordinance (Title 14) of
the Municipal Code. The City Council hereby conditionally approves the amendment to Use
Permit (UP 91-13), including a Wetland Mitigation and Management Plan, and Environmental
and Design Review permit based on the following findings and subject to the conditions below:
A. Findings for Use Permit UP 00-14
(Amending Use Permit UP 91-13)
(San Rafael Municipal Code Section 14.22.080)
The proposed private school use would be consistent with the policies and programs of
the San Rafael General Plan 2000 in that:
a) The proposed use is consistent with Policy LU -9 that allows uses such as schools,
parks and playgrounds within the Low -Density Residential/Closed School
designation.
b) The proposed use would be consistent with Policy LU -57 which encourages the
continuation of child care programs at school sites, by providing space within the
multi-purpose building for extended hours daycare for Saint Mark's students before
and after school.
c) The proposed use would be consistent with Policy LU -60 which encourages the
retention of closed school sites potentially needed for future enrollment, by allowing
the Dixie School District to retain the school site if it is needed as a public school in
the future, while also being assured of a long-term tenant that is willing to make
significant improvements to the school campus.
d) The proposed use would be consistent with Policy LU -61 which states that closed
school sites retained by the Districts shall be used for a variety of uses, including
education, recreation, cultural and religious classes, programs and activities, by
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allowing the continued operation of a private K-8 grade school on the site during the
time that it is not used as a public school.
e) The proposed use would be consistent with Policy NE -14 which states that the
protection of wetland resources shall be vigorously pursued through: first, avoidance
and provision of setbacks from wetlands; and second, if any fill of wetlands is
proposed and cannot reasonably be avoided, a minimum of two acres of mitigation
for every acre of wetland lost. When fill of a wetland is proposed, replacement of
wetlands should be of at least equal quality, nearby, and whenever possible,
completed prior to any project construction. The project was revised to avoid
approximately half of the existing wetland and provide a 50 -foot buffer from the
nearest proposed structure, and the creation of new wetlands is proposed on the site
that would be of at least equal quality that would mitigate the loss of the 593 square
feet of existing wetlands to be filled at more than a 2:1 ratio.
2. The proposed private school use will not be detrimental to the health, safety or welfare, or
be materially injurious to properties or improvements in the vicinity, or to the general
welfare of the City in that:
a) Conditions of approval have been incorporated into the use permit to ensure that
the adequate parking is provided for the private school operations and school
events.
b) Use of the multi-purpose building is limited to specific school -related curriculum
and special events to ensure that such events do not result in a nuisance to
surrounding properties.
C) Conditions of approval have been incorporated into the use permit to ensure that
parents use a designated route for student drop-off and pick-up by automobile in
order to minimize traffic impacts to the neighborhood streets; and
d) Conditions of approval have been incorporated into the use permit to ensure that
the project sponsor shall continue to implement a Transportation System
Management (TSM) program to demonstrate that the trips generated by the
private school use will not exceed the 146 PM peak hour trips allocated to the site,
and that the project sponsor pursue additional measures that would reduce the
number of vehicle trips generated by the school use.
3. The proposed private school use would comply with all applicable provisions of the San
Rafael Zoning Ordinance (Title 22) in that the number of on-site parking spaces to be
provided would meet the requirements of Section 14.18.040, and the use permit would be
consistent with the purpose of the Planned Development (PD) District Zoning District in
which the site is located. A use permit is required for all "non-residential' and "phased"
development (Section 14.07.020).
4. The proposed improvements would comply with all applicable Wetland Overlay (WO)
District regulations as identified in Chapter 14 of the Zoning Ordinance in that the project
sponsor proposes to replace 593 square feet (0.01 acre) of the existing wetland that would
be impacted by the project with a new wetland of equal or greater quality that would be
created adjacent to the existing wetland at a replacement ratio 2:1, and the Master Use
Permit application has been amended to include a request to permit the fill of a portion of
the existing wetland on the site.
B. Findings for Environmental and Design Review Permit (ED 00-39)
(San Rafael Municipal Code Section 14.25.090)
1. The project design and Development Plan prepared for the Planned Development, as
conditioned, are in accord with the General Plan, the objectives of the Zoning Ordinance,
and the purposes of this chapter in that the Design Review Board has reviewed the project
for compliance with the General Plan Land Use Element and East San Rafael Design
Policies and the Landscape, Parking, Building and Site Design Criteria in the Zoning
Ordinance, and has recommended that the project meets the established criteria by
providing a high quality design and materials that are appropriate for the site and
neighborhood.
?. The project design and Development Plan are consistent with all applicable site,
architecture and landscaping design criteria and guidelines for the district in which the
site is located in that said criteria have been established under a Planned Development
District which is in compliance with the General Plan, the Planned Development zoning
regulations and the surrounding development.
3. As proposed and modified by conditions of approval, the project has been designed to
minimize adverse environmental impacts. Specifically, the proposed design and
modifications recommened by conditions of approval address and/or incorporate
mitigation measures required by the revised Initial Study/Mitigated Negative Declaration,
as adopted by the City Council by separate resolution, which reduce environmental
impacts.
4. Through compliance with recommended conditions of approval, the project design will
not be detrimental to the public health, safety or welfare, nor materially injurious to
properties or improvements in the vicinity in that the project has been reviewed by all
appropriate City Departments and permitting agencies and conditioned accordingly and
the potential environmental impacts of the project were assessed pursuant to the
California Environmental Quality Act, a revised Mitigated Negative Declaration was
prepared for the project and modifications are included in the project design which reduce
impacts to less -than -significant levels.
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Conditions of Approval
Conditions of Use Permit (UP 00-14)
1. Except as modified herein, the Master Use Permit (UP 00-14) authorizes development of the 10.0
acre site in accordance with the Planned Development approval (ZC 00-6) and associated
Development Plan, which lists the permitted uses, permitted maximum square footages and
mixes of uses, and development standards for development of the site.
2. The following special events shall be allowed on the Saint Mark's campus, in addition to the
special events already held, as identified in Exhibit "A" and as identified in Table 5 (page 9) of
the Saint Mark's School Traffic and Parking Study, dated August 2000, on file with the City of
San Rafael Department of Community Development:
School dances - four per year, held in evening after 6 PM.
Bookfaire — once per year, held in evening after 6 PM.
Basketball games - held 15 days per year, two games per day, between 3:30 and 5:00 PM.
3. The Community Development Director may review and approve amendments to the Master
Use Permit which are within the limits of the approved PD District Approval (ZC 00-6), the
PD zoning regulations and the General Plan Trip Allocations.
4. The applicant shall pursue additional measures that would reduce the number of vehicle trips
generated by the school use, with an initial goal of a 25% reduction in AM peak hour trips.
These measures may include a student bus program. In addition, the project sponsor shall
continue to implement a Transportation System Management (TSM) program to demonstrate
that the trips generated by the private school use will not exceed the 146 PM peak hour trips
allocated to the site. An annual report on the TSM shall be submitted to the City on or before
May 15` of each year. The annual report shall also address the level of attainment of AM peak
hour trip reduction. The Planning Commission shall review this annual report.
5. Development of the site (i.e. the building design and locations, scale, architecture,
landscaping and similar improvements) shall be completed in accordance with a valid (i.e.
not expired) Environmental and Design Review Permit approval. The Use Permit shall be
subject to all conditions of approval of ED 00-39 and any amendments thereof.
6. This Master Use Permit shall be valid for a period of two years, or until February 20, 2003
and shall be null and void unless a building permit is issued and construction diligently
pursued, or a time extension is requested.
7. The school shall continue to direct parents to use the designated route be taken for student
drop-off and pick-up by automobile: Freitas Parkway - Las Pavadas Avenue - Arias Street -
Trellis Drive. An alternate designated route shall be implemented, as required by the City
Traffic Engineer.
8. The playing fields shall be made available for public use after 4:30 PM on regular school
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days. During the soccer season (from September through Thanksgiving), the fields shall be
made available two days per week by 4:00 PM for the Dixie Soccer League.
9. Prior to the start of any construction on the campus, the applicant shall submit a plan to the
Community Development Department, which demonstrates how the use of parking spaces
will be restricted as required by project Mitigation Measures, and as specified below:
a) The single bay of angled parking spaces located on the south side of the entrance
driveway shall not be used during the AM and mid-afternoon peak traffic periods, and
vehicles entering the driveway shall be directed to queue up along the parking bay
(Mitigation Measure 0.4.1)
b. The row of angled parking at the southwest corner of the campus shall not be used
during the AM and mid-afternoon peak traffic periods, or they shall be assigned to staff
members who are not required to move their cars during the AM and mid-afternoon
peak traffic periods. (Mitigation Measure 0.4.2)
10. For any school -related special event held on the campus that has a parking demand in excess
of the 102 on-site parking spaces, the project sponsor take measures to effectively direct
vehicles to the overflow parking area once the vehicles are on the school campus. (Mitigation
Measure O.6.a, modified)
11. Prior to the issuance of a grading permit, the project sponsor shall submit written evidence to
the City of San Rafael Community Development Department that the necessary
clearance/permits have been obtained from the U.S. Army Corps of Engineers regarding the
proposed fill of existing wetlands on the project site (Mitigation Measure D3.1).
12. The creation of the new wetland area shall be completed prior to occupancy of the proposed
multi-purpose building (Mitigation Measure D3.3).
13. The project sponsor and the property owner shall be responsible for monitoring the new
seasonal wetland area for a period of five (5) years following installation, in accordance with
the monitoring schedule established in the Wetland Mitigation and Management Plan,
January 2001, approved as part of this Use Permit. Monitoring and annual reports shall be
conducted and prepared by a wetland specialist and shall report the status and success of the
mitigation plan, and shall identify contingency measures to be implemented in the event that
the initial wetland plantings do not thrive (Mitigation Measure D3.4).
Conditions of the Environmental and Design Review Permit (ED 00-39)
Community Development Department — Planning Division
1. The applicant shall submit a final landscaping plan for review and approval by the Design
Review Board and approval by staff. The final landscape plan shall include revisions
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indicating the landscaping to be provided near the new buildings, and evergreen trees in the
parking lot near the proposed art/science building and adjacent to the property at 31 Trellis
Drive, and the landscaping proposed on the south side of the multi-purpose building.
2. The landscaping plan shall be reviewed and approved by the Marin Municipal Water District
prior to issuance of building permits.
3. All landscaping shall be installed prior to the occupancy of the new building(s). The City
may agree to accept a bond for a portion of landscaping improvements not completed. In the
event that a bond is posted for a portion of the site landscaping, it shall cover the amount
estimated for completing the landscaping. All areas proposed for landscaping must be
covered with bark or a substitute material approved by the Planning Division prior to
occupancy.
4. All mechanical equipment (i.e., air conditioning units, meters and transformers) and
appurtenances not entirely enclosed within the structure (on side of building or roof) shall be
screened from public view as indicated on project plans.
5. All trash enclosures shall be screened with landscaping and integrated into the site design, as
indicated on the project plans.
6. The contractor shall implement the Best Management Practices measures indicated on the
project plans for grading and construction activities.
7. The project contractor shall implement the following dust control measures:
a) Water areas of exposed earth surfaces during the construction and grading process (early
morning and early evening).
b) Avoid overfilling of trucks so that any potential spillage in the public right-of-way is
minimized. The contractor shall be required to clean all spillage in the public right-of-
way.
c) The project sponsor shall implement the construction logistics plan that identifies the
routing of all transported earth material.
Shields shall be installed on all parking lot light sources to ensure that there is no light
spillage onto adjacent residential properties (Mitigation Measure A.4.1.). After the issuance
of a certificate of occupancy, all exterior lighting shall be subject to a 30 day lighting level
review by the Planning Department staff to insure compatibility with the surrounding area.
9. If, during the course of construction, cultural, archaeological or paleontological resources are
uncovered at the site (surface or subsurface resources) work shall be halted immediately
within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional
archaeologist. The City of San Rafael Planning Division and a qualified archaeologist (i.e.,
an archaeologist registered with the Society of Professional Archaeologists) shall be
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immediately contacted by the responsible individual present on-site. When contacted, the
project planner and the archaeologist shall immediately visit the site to determine the extent
of the resources and to develop proper mitigation measures required for the discovery.
(Mitigation Measure E.2.1)
10. The recommendations of the project Geotechnical Investigation and Geologic Hazards
Evaluation (Harding Lawson Associates, February 2000) shall be implemented by the project
applicant prior to building construction. The foundation excavations for the Arts/Science
building shall be closely checked to mitigate damaging effects related to minor settlement or
slope yielding. Footings shall be deepened as recommended by the geotechnical engineer.
(Mitigation Measure F.Ld.1)
11. To reduce construction impacts on the adjacent residential properties, all construction
activities at the site shall be limited to the hours between 7:00 AM and 5:00 PM Monday
through Friday. Construction is not permitted on Saturday, Sunday or City -observed
holidays. Construction activities shall include delivery of materials, start up of construction
equipment engines, arrival of construction workers, playing of radios and other noises caused
by equipment and/or construction workers arriving at or on the site. An exception to the
above limitations shall allow construction on two Saturdays that flank the Easter Week 2001
school break (April 7 and April 14, 2001). On these two Saturdays only, construction shall
be permitted between 7:00 AM and 5:00 PM. If however, all permits have not been received
that will allow start of grading or construction on these dates, then two alternative Saturdays
will be allowed with proper permission from the City (Mitigation Measure K.1.1, modified)
12. The on-site storm water drainage system be designed and maintained to ensure that surface
runoff (from contiguous pavement area) does not overflow into the wetland area.
Community Development Department - Building Division
13. An engineered site plan showing all existing and proposed site conditions shall be submitted
with the application for a grading or building permit.
14. A level `B" soils report shall be submitted with the application for a building permit.
15. The project soils engineer shall review and approve the plans submitted for a building permit
for compliance with the recommendations of the project soils report.
16. An erosion control plan addressing erosion during and after construction shall be submitted
with the application for a building permit. The erosion control plan shall be based on " Best
Management Practices."
17. Runoff from improved areas shall be collected and conveyed to the street, or established
drainage facilities by underground conduit. Drainage shall not be diverted or concentrated
onto adjoining properties.
18. The improvement plans shall show all existing and proposed drainage facilities.
19. The improvement plans shall show all existing and proposed sanitary sewer facilities.
20. The improvement plans shall show all existing and proposed site utilities.
21. Parking lot lighting shall be installed. The number, location and type of lights shall be
subject to approval by the Police, Planning and Public Works Departments.
22. All utilities shall be underground.
Fire Department
23. No parking Fire Lane signs and curb markings shall be installed for all access roadways,
parking lots, and driveways as specified by the Fire Marshal conforming to Fire Prevention
Standard 204.
24. A Fire Department approved Knox Keyway System shall be installed conforming to Fire
prevention Standard 202.
25. Addresses shall be posted conforming to Fire Prevention Standard 205 and 205A.
26. Based on Uniform Building Code or Fire Code Requirements, an automatic fire sprinkler
system shall be installed throughout conforming to NFPA Std. 13.
27. The alarms from fire detection systems and commercial fire sprinkler systems shall be
monitored by a UL Central Station company approved by the San Rafael Fire Department and
be issued a UL serially numbered certificate for Central Station Fire Alarms.
28. A permit application shall be submitted to the Fire Prevention Bureau with two sets of plans
for review prior to installation of all automatic and fixed fire extinguishing and detection
systems. Specification sheets for each type of device shall also be submitted for review.
29. Due to the wildland fire interface area, fire retardant roof covering is required with a
minimum Class "A" listing.
Police Department
30. All exterior lighting shall be sufficient to establish a sense of well being to the pedestrian and
one that is sufficient to facilitate recognition of persons at a reasonable distance. Type and
placement of lighting shall be to the satisfaction of the Police Department.
31. All garden and exterior lighting shall be vandal resistant.
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32. All exterior lighting shall be on a master photoelectric cell set to operate during hours of
darkness.
33. The minimum of one foot-candle at ground level overlap shall be provided in all exterior
doorways and vehicle parking areas.
34. A minimum of one-half foot-candle at ground level overlap shall be provided on outdoor
pedestrian walkways.
35. Exposed roof vents and ducts of sufficient size to permit adult, human entry shall be grated or
constructed of an impact -resistant material to the satisfaction of the Police Department.
Skylights shall be secured and hatch openings shall be burglary -resistant. Glazing shall be of a
burglary -resistant glass or glass -like material.
36. Exterior doors that swing outward shall have non -removable pins.
37. In -swinging exterior doors shall have rabbeted jambs.
I, JEANNE M. LEONCINI, 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 held on Tuesday, the twentieth of February 2001, by the following vote to wit:
AYES: COUNCIL MEMBERS Heller, Miller, Phillips and Mayor Boro
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS Cohen
JE M. LEONCINI, City Clerk
Exhibit "A" - Permitted School Activities
RAJayniA\Saint Marks\City Council\CCRES 02-20-01 UP&ED StMks.doc
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EXHIBIT "A"
TO RESOLUTION APPROVING ENVIRONMENTAL AND DESIGN REVIEW PERMIT
(ED 00-39) AND AN AMENDMENT TO USE PERMIT UP 91-13 FOR THE SAINT MARK'S
SCHOOL CAMPUS
Multi -Purpose Building Activities
Proposed New Activities Shown in Bold
Times
per
Parking
Trip
Year
Activitv
Attendance
Demand
Generation
Time of Dav
15
25-30 Basketball Games
20
a
16"
Afternoon 3:30-5:00
9
Board Meetings
25
20
40
Evenings after 6pm
6
Chess Tournaments
30-70
15-30
30-60
Saturday gam to 3pm
4
School Dances
70
35
70
Evening after 6pm
4
Prospective Parent Meetings
25
15
30
Evening after 6pm
2
Back -to -School Nights
300
150
300
Evening after 6pm
1
Grandparents Day
400
200
400
Day - 8:30 to Noon
1
Open House
300
150
300
Evening after 6pm
1
Bookfaire
250
150
300
Evening after 6pm
1
Opening Day
200
150
300
Day - 8am to Noon
1
Closing Day
200
100
200
Day - 8am to Noon
1
Graduation
200
75
150
Day - gam to 11 am
1
Science Expo
200
100
200
Evening after 6pm
1
New Parent Orientation
75
30
60
Evening after 6pm
' Trips added by the visiting team. The Saint Mark's School team would also generate 16 trip
ends but these student trips would not add to normal daily School trip generation.
Source: Saint MarWs School; Robert L. Harrison Transportation Planning