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HomeMy WebLinkAboutCC Resolution 13061 (Special Use Permit; St. Closure)RESOLUTION NO. 13061 A RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL APPROVING A SPECIAL USE PERMIT TO ALLOW A ONE DAY EVENT ON OCTOBER 12, 2010 AT DOMINICAN UNIVERSITY (50 ACACIA ST) FOR A GUBERNATORIAL DEBATE. THE SPECIAL USE PERMIT INCLUDES REQUESTS FOR TEMPORARY CLOSURE OF CITY STREETS (APN'S: 015-142-02,04,015-121-10 & 015-161-01); THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: WHEREAS, on August 17, 1998, the City Council conditionally approved a Master Plan for the University, including a Rezoning of the campus to a Planned Development District and Master Use Permit and Master Design Review Permit for four (4) phases of new development; and WHEREAS, condition of approval # 4 of the Master Use Permit (UP97-45) requires that all events on the campus be operated in compliance with an approved Events Management Plan (EMP); and WHEREAS, the EMP was developed and revised with the assistance of neighborhood residents, technical experts and the City of San Rafael and the purpose of the EMP was to guide the University in the management of its facilities for events in a way which assures that these events do not exceed the available parking and traffic capacity of the neighborhood and minimizes other impacts of events on the surrounding Dominican neighborhood. The EMP establishes allowable hours of operation, attendance limits and noise standards for both University and non -University related events; and WHEREAS, the EMP also prescribes that special, non-recurring events may exceed the hours of operation, attendance limits and noise levels subject to the review and approval of a Special Use Permit from the City of San Rafael; and WHEREAS, on September 8, 2010, Dominican University submitted an application for a Special Use Permit to allow a one day event on October 12, 2010 for a Gubernatorial debate that would exceed the hours of operation, attendance limits and noise levels established by the EMP; and WHEREAS, representatives from various City Departments, including Police, Fire, Community Development, Events Planning, Emergency Operations, Public Works and Parking Services have reviewed the proposal for this special event and recommend approval of the event subject to conditions of approval; and WHEREAS, on September 20, 2010, the City Council held a duly noticed public hearing to consider the Special Use Permit and temporary street closures (UP 10-037), accepted and considered all oral and written public testimony and the written report of the Community Development Department - Planning Division; and WHEREAS, upon review of the application, the City Council determines that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Existing Facilities), 15311 (Accessory structin-es) and 15323 (Normal Operations of Facilities for Public Gatherings) of the CEQA Guidelines which exempt: a) existing facilities where no construction would occur; b) installation of small temporary structures such as tents; and c) operation of existing facilities for public gatherings; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department; and WHEREAS, the City Council makes the following findings relating to the Special Use Permit (UP10-037): Special Use Permit (UP10-037) Findings The operation of the requested Special Use at the Dominican University and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare given that the plan has been reviewed by appropriate City Departments and appropriate conditions of approval have been included to: a) assure safety of guests attending the event, surrounding property owners and residents; b) ensure safe pedestrian and vehicular circulation to and from the event and for informing surrounding residents of the event; c) provide adequate signage to direct guests of the event as well as surrounding residents of street closures and detours. 2. The proposed Dominican University site, including the off-site parking facilities, is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site given that: a) only a pre -defined number of guests will be allowed at the event; b) appropriate directions and information will be provided to all ticketed guests directing them to appropriate on-site or off-site parking facilities; c) signage and electronic message boards will be provided on the site and in surrounding areas to inform guests of the event and surrounding residents of temporary street closures and detours. The proposed site is adequately served by streets having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably generate given that: a) Grand Ave. provides primary access and the side streets of Acacia Ave., Olive Ave., Magnolia Ave. and Locust Ave. are of adequate size and configuration to accommodate the anticipated number of vehicles and volume of vehicular and pedestrian traffic with the amount of parking that is provided on site and the amount of parking that is provided off site; b) the university will be notifying and encouraging ticket holders prior to the event to use carpools; c) there are a pre -defined number of tickets to the event to allow the applicant to plan for appropriate parking and traffic circulation; d) adequate provisions have been incorporated into the plan to accommodate the anticipated number of vehicles for this event through the use of available campus parking with contingencies provided for additional off-site overflow parking at pre -determined locations; and e) notification of parking locations will be provided to all ticket holders prior to the event. 4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the planning director given that: 1) there are 713 on-site parking spaces provided for use for this event; b) an additional 75 off-site parking spaces are provided at Coleman School, Trinity Church and tennis club; c) all guests will be required to have tickets and information will be provide to all ticketed guests directing them to the appropriate parking location; and d) there is adequate on- and off-site parking for the event since it is estimated that 774 parking spaces would be required and 788 would be provided. The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Sections 15301 (Existing Facilities), 15311 (Accessory structures) and 15323 (Normal Operations of Facilities for Public Gatherings) of the CEQA Guidelines which exempt: a) existing facilities where no construction would occur; b) installation of small temporary structures such as tents; and c) operation of existing facilities for public gatherings. WHEREAS, the City Council makes the following findings relating to the Temporary Closure of City Streets: 1. That pursuant to the authority of Vehicle Code section 21101(e), for safety and protection of persons, both pedestrians and vehicle drivers, the City Council hereby authorizes the temporary closure of the following City streets, as requested by the applicant: a. Olive Ave., from Grand Ave. to Palm Ave.; from 8:00 pm on Sunday, Oct. 10'h through 6:00 a.m. on Wednesday, Oct. 13`'. b. Acacia Ave., from Grand Ave. to Magnolia Ave.; from 8:00 pm on Sunday, Oct. 10`' through 6:00 a.m, on Wednesday, Oct. 13"i. 2. That pursuant to the authority of Vehicle Code section 21101(e), for safety and protection of persons, both pedestrians and vehicle drivers, the City Council hereby authorizes the temporary Closure of the following City streets, as required by a condition of approval by the City of San Rafael: a. Grand Ave. from Jewell St. to Linden Ln., from 2:00 p.m. to midnight on Tuesday October 12`'. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Rafael approves the project subject to the following conditions: Special Use Permit (UP10-037) and Temporary Street Closure Conditions of Approval The approved and required temporary street closures include: a. Olive Ave., from Grand Ave. to Palm Ave.; from 8:00 pm on Sunday, Oct. 10`' through 6:00 a.m. on Wednesday, Oct. 13'h. b. Acacia Ave., from Grand Ave. to Magnolia Ave.; from 8:00 pm on Sunday, Oct. 10`' through 6:00 a.m. on Wednesday, Oct. 13'h. c. Grand Ave., from Jewell St. to Linden Ln. restricted to event and neighborhood traffic only, from 2:00 p.m. to midnight on Tuesday October 12th (Road closure warning signs would be required at Mission Ave/Grand Ave and Linden/Grand Ave.) This road would be closed for thru-traffic, but would allow restricted access for residents and credentialed guests, staff and media. If the incident commander for the event (Police Department) finds that conditions allow for thru-traffic to pass through without impeding the event or the safety of guests or residents, the road can be opened to thru-traffic at their discretion. If the conditions change, additional road closures or traffic control may be required the day of the event. This decision would be based on the incident commander's professional judgment to preserve public health, safety and welfare. 2. Access for residents and credentialed guests of the event shall be provided on any closed City street. 3. For use of Edgehill Mansion for a post -event gathering, the applicant shall either: a) receive final approval and certificate of occupancy from the Building Division and Fire Prevention Division prior to the event; or b) obtain approval of a temporary occupancy permit. a. If a temporary occupancy permit is requested for the use of Edgehill Mansion, the applicant shall comply with the following: Eleven (11) days prior to the event, or no later than Friday October 1, 2010, the applicant shall contact the Building Division and Fire Prevention Bureau to request an inspection for a temporary occupancy permit inspection for use of Edgehill Mansion. This will allow the building and fire prevention personnel to review the site construction and identify if any additional work is required to allow temporary occupancy. To schedule the inspection, please contact Thomas Ahrens, Chief Building Official at 485-3357 and John Lippitt, Deputy Fire Marshall at 485- 5067. 4. The applicant shall secure two (2) changeable messaging boards and install those boards on Grand Ave, one at Mission Ave and one at Linden Lane as follows: a. The Public Works Department has secured two changeable message boards from the County of Marin for use by the University to satisfy this requirement. The message boards will be picked up, delivered and installed by the City at no cost to the University. b. The City owns one electronic messaging board which will be used to supplement the two signs provided by the University and therefore could also be used for emergency events elsewhere in the City. c. The electronic messaging boards shall be installed at the designated locations no later than 7 days in advance of the event, or no later than Tuesday, October 5, 2010. The messaging boards shall be pre-programmed with defined messages that will be displayed on pre -defined dates before the event. The content of the pre- programmed messages shall be subject to review and approval of the City. No later than 11 days prior to the event, or Friday, October 1, 2010, the applicant shall contact the Police Department to develop the pre-programmed messages that will be displayed and the timelines for displaying each of the messages. e. For these above items, contact Lieutenant Raffaello Pata at (415) 485-5003. 5. Eleven (11) days prior to the event, or no later than Friday, October 1, 2010, the applicant shall submit the final security plan for review and approval of the Police Department. The security plan shall include and be subject to the following teens: a. The University shall be responsible for providing primary security for the event. Forty (40) members of Barbier Security shall be present for this event no later than 3:30 p.m. and 10:00 p.m. on October 12, 2010. However, Barbier Security may deploy a different number of officers after meeting and conferring with the police commander, so that proper deployment numbers (more or less security) can be agreed upon and so that San Rafael Police can intelligently deploy their officers to support Barbier Security. b. The Police Department commander shall be advised of the number of security agents at each venue and their team responsibility. Names of each officer are not necessarily needed by the San Rafael Police Department, but the team responsibility and accompanying radio number will be needed to complete the Incident Action Plan (IAP). c. The Police Department shall be advised of the location of all armed members of Barbier Security. d. The security plan shall show visually the deployment of security officers. A security plan meeting shall be held with the Police Department that will identify private security and police officer deployment. e. The security plan shall provide that depending on the number of protesters and intelligence leading up to this event, the Police Department may require additional officers to assist with crowd control or monitoring of protesters. This requirement is for city and private streets to provide armed protection for the event, candidates and dignitaries. Conversely, the Police Department may agree to reduce the number of officers on campus if there is no need for them. This decision will be made by police command staff. The police commander will communicate this with Barbier Security prior to releasing officers. f. If mutual aid is required to address an incident on campus directly related to the debate, the Police Department will coordinate and manage the threat or incident. Any additional costs if any will be billed to Dominican University. g. Any press or media matters related to police activity shall be the responsibility of the San Rafael Police Department Press Information Officer. h. Any new information regarding dignitaries and celebrity personalities shall be forwarded as soon as possible to Lt. Raffaello Pata (415-485-5003) so that additional consideration and planning regarding deployment may be made. i. Any event changes shall be disclosed to the police department and city team prior to release or notification to the media, to include updates on the World Wide Web. An embedded agent of Barbier Security shall be provided in the Police Department Command Center. The agent must be able to make decisions for Barbier Security and should be in contact with Dominican University. k. Dominican University shall provide an accessible contact person on the week prior to this event and most specifically on the day of the event who can make decisions regarding security matters. 6. Eleven (11) days prior to the event, or no later than Friday, October 1, 2010, the applicant shall develop a traffic management/parking plan for review and approval of the Public Works Department. The traffic management/parking plan shall include: a. Location and number of parking spaces for each parking area. b. Complete signage plan for direction to the event and parking locations. c. Map(s) illustrating road closures as required by the City of San Rafael. d. Map(s) illustrating the parking restrictions as noted within these conditions of approval. e. Map(s) and plans illustrating emergency evacuation routes. f. All maps noted above shall illustrate event venues and number of attendees. Contact Lieutenant Raffaello Pata at (415) 485-5003. 7. Eleven (11) days prior to the event, or no later than Friday, October 1, 2010, the applicant shall submit an application to the Fire Department - Fire Prevention Bureau for Fire Permits to operate three Places of Assembly. The application shall include two complete sets of floor plans for each of the following: Edgehill Mansion, Angelico Hall and the Caleruega Hall. The plans shall be drawn to scale and include dimensions; show the occupant load, seating arrangements, the entire means of egress system, and the location of any gates, barricades, platforms, stages and any other obstructions to the means of egress system. Include the width of each exit and the width of each aisle. Contact Deputy Fire Marshall John Lippitt at (415) 485-5067. Five (5) days prior to the event, or no later Thursday, October 7, 2010, the applicant shall provide a complete credential plan to the Police Department. The credential plan shall provide a detailed explanation of all types of credential passes/permits, including the definition of each, and the level of access each credential pass/permit allows. The list of credentials shall be sorted in the order of priority from all access to least access. Contact Lieutenant Raffaello Pata at (415) 485-5003. 9. Two (2) days prior to the event, or no later than Sunday, October 10`' at 1:00 pm, the applicant shall install all temporary tow -away signs (on A -frame barricades) on both sides of Grand Ave, between Watt Ave and Mountain View Ave. The signs shall state "no parking, tow away zone from 2:00 p.m. October 12`' through 6:00 a.m. on October IT"." The signs shall be installed by the applicant and verified by the Police Department. Contact Lieutenant Raffaello Pata at (415) 485-5003. 10. No later than 1:00 p.m. on the day of the event, or on October 12`h, at the direction of the Police Department, the applicant shall install all temporary barricades as required by the traffic control plan at all designated road closures. These designated road closures are contained in condition of approval #1 above. 11. The Public Works Department will provide the necessary tow -away signs at no cost to the applicant. Contact Department of Public Works at (415) 485-3355 to arrange the pickup and return. 12. The City has 80-100 A -frame barricades available for the University to borrow. If additional A -frame barricades are required, the University will need to obtain those additional barricades from other sources at their cost. Contact Department of Public Works at (415) 485- 3355 to arrange the pickup and return. a. The barricades that are borrowed from the City shall be picked up, installed and returned by the University. b. Should the University seek to have the barricades transported and installed by the City, the applicant shall be responsible for all City costs based on the fair hourly burdened rate (FHBR) of Public Works Department staff. 13. The City also has additional large, metal barricades available for the University's use at no cost. These barricades shall be picked up, installed and returned by the University. Contact Lieutenant Raffaello Pata at (415) 485-5003. 14. The applicant shall be responsible for all Police and Fire Department costs associated with the provision of police and fire department staffing of the event. The various City Departments involved in this event have identified a minimum number of staffing to safely carry out this event. At the discretion of the Police Chief, additional staffing or less staffing may be required depending on actual conditions during or leading up to the event, and new information regarding number of attendees, both invited and non -invited. Payment of the required costs by the University shall occur no later than 20 days following the event. 15. It is the responsibility of the University to provide adequate roving first aid personnel to monitor event attendees for medical needs and offer palliative and minor first aid treatment as necessary for minor non -life threatening medical issues. City emergency personnel will be on site to provide more advanced care or emergency services. 16. Unless specifically noted above, all contact with the city on any items related to this event and these conditions of approval shall be through Lieutenant Raffaello Pata at (415) 485-5003. 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 20°i day of September, 2010, by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk