HomeMy WebLinkAboutCC Resolution 12558 (Handicap Access Ramp Improvement; Magnolia House)RESOLUTION NO. 12558
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING
USE PERMIT (UP07-063) AN AMENDMENT TO THE DOMINICAN
UNIVERSITY'S MASTER USE PERMIT (UP97-45) TO INCORPORATE
MAGNOLIA HOUSE INTO THE DOMINICAN UNIVERSITY CAMPUS
AND APPROVAL OF AN ENVIRONMENTAL AND DESIGN REVIEW
PERMIT (ED07-102) TO ALLOW EXTERIOR MODIFICATIONS TO THE
MAGNOLIA HOUSE TO CONSTRUCT A HANDICAP ACCESS RAMP AT
THE REAR PORCH AND TO ADD PARKING AND ACCESS
IMPROVEMENTS TO THE PROPERTY LOCATED AT
226 MAGNOLIA AVENUE (APN: 015-121-10)
WHEREAS, on December 14, 2007, applications for a General Plan Amendment, Zone
Change, Amendment to the University Master Use Permit and an Environmental and Design
Review Permit were received by the Community Development Department requesting approval
to convert the residential use of Magnolia House to University administrative office use, to
modify the rear porch to provide a handicap access ramp and associated parking and access
improvements at 226 Magnolia Avenue, and
WHEREAS, on June 2, 2008, the General Plan Amendment, Zone Change, Master Use
Permit Amendment and Environmental and Design Review Permit applications were deemed
complete for processing; and
WHEREAS, consistent with the requirements of the California Environmental Quality
Act (CEQA), an Initial Study/Mitigated Negative Declaration analyzed potential environmental
impacts of the project and identified potentially significant impacts for Cultural Resources. The
project impacts would be mitigated to less -than -significant levels through implementation of
recommended mitigation measures that have been incorporated as conditions of approval; and
WI IEREAS, notices regarding the Mitigated Negative Declaration prepared for this
project were mailed to surrounding property owners and occupants within 500 feet, pertinent
agencies (including State and local responsible and trustee agencies), organizations and special
interest groups pursuant to CEQA Guidelines Section 15072; and
WHEREAS, copies of the Mitigated Negative Declaration were made available for a 30 -
day review period by pertinent agencies and interested members of the public, commencing on
June 13, 2008; and
WHEREAS, on July 15, 2008, the Planning Commission held a duly noticed public
hearing on the Mitigated Negative Declaration (MND), accepting all oral and written public
testimony and the written report of the Department of Community Development and
recommended the City Council adopt the MND in that it complies with the requirements of
CEQA, in a separate resolution; and
WHEREAS, on July 15, 2008, the Planning Commission held a duly noticed public
hearing on the proposed General Plan amendment, Rezoning, Amendment to the Master Use
Permit (UP07-063) and Environmental and Design Review Permit, accepting public testimony
and the written report of the Community Development Department; and
WHEREAS, the Planning Commission recommended to the City Council adoption of the
Mitigated Negative Declaration by adoption of Resolution No. 08-08; and recommended City
Council approval of an amendment to the General Plan by adoption of Resolution No. 08-09; and
also recommended City Council approval of the proposed Rezoning by adoption Resolution No.
08-10; and
WHEREAS, the Planning Commission also recommended approval by the City Council
of the proposed Use Permit for an amendment to the Dominican University Master Use Permit
(UP97-45) and the Environmental and Design Review Permit by adoption of Resolution No. 08-
11; and
WHEREAS, on August 18, 2008 the City Council held a duly noticed public hearing to
consider the Mitigated Negative Declaration and related applications including a Use Permit for
an Amendment to the Master Use Permit and the Environmental and Design Review Permit and
considered all oral and written public testimony and the written report of the Community
Development Department; and
WHEREAS, on August 18, 2008 the City Council approved the Mitigated Negative
Declaration, General Plan Amendment by adoption of separate resolutions and Rezoning by
adoption of a separate Ordinance.
NOW, THEREFORE BE IT RESOLVED, the City Council makes the following findings
related to Use Permit (UP07-063) for an Amendment to the Master Use Permit (UP97-45) and
the Environmental and Design Review Permit (ED07-102):
Use Permit (UP07-063) for an Amendment to Master Use Permit (UP97-45)
Findings:
1) The proposed use is in accord with the San Rafael General Plan 2020, as amended, the
objectives of the Zoning Ordinance, and the purposes of the district in which the site is
located in that:
a) The proposed amendment to the General Plan land use designation for this site is
found appropriate and would serve the public interest and findings to grant the
amendenment have been made through the adoption of a separate resolution;
b) The proposed University administrative office use is consistent with the General Plan
Amendment (GPA07-063) to Public/Quasi-Public, which is the land use designation
that applies to all University lands, and the expansion of the University to a location
that is immediately adjacent to existing University facilities, with incorporation of
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required mitigation measures and conditions of approval, is consistent with the
policies of the general plan as demonstrated in Exhibit 4: Table Analyzing Project
Consistency with San Rafael General Plan 2020 of the July 15, 2008 Planning
Commission Staff Report;
c) The proposed University administrative office use of Magnolia House would be
consistent with the objectives of the Zoning Ordinance and the purposes of the zoning
district, as set forth in the Rezoning (ZC07-003) to Planned Development District
(PD) Municipal Code Section 14.07.010), which is the zoning district that applies to
all University properties and rezoning Magnolia House to PD would include the
property in the overall Campus Development Plan, establishing development
standards consistent with the existing improvements at the site; and
d) Amending the Master Use Permit (UP97-45) to incorporate Magnolia House and
establish a University administrative office use would be consistent with the
following purposes of the Planned Development District (PD) Section 14.07.010:
A. Promote and encourage cluster development on large sites to avoid sensitive
areas of property. Remodeling the existing Magnolia House would permit
University expansion into a facility on a large site that avoids sensitive areas of
the property;
B. Encourage innovative design on large sites by allowing flexibility in property
development standards. The proposed use of Magnolia House for administrative
office use within an historic residential structure would be innovative and the
existing development standards would be preserved, retaining the original design
intent of the historic property; and
C. Encourage the establishment of open areas in land development. Retaining the
historic landscaped grounds in their current condition would allow substantial
open space around the building.
2) The proposed use, together with the conditions applicable thereto, will not be detrimental
to the public health, safety or welfare, or materially injurious to properties or
improvements in the vicinity, or to the general welfare of the city in that:
a) The proposed University administrative office use would operate consistent with
other University office facilities during normal business hours (Monday -Friday
between 8:00 AM and 5:00 PM) as well as permitting occasional social gatherings
subject to the limitations of the adopted Events Management Plan;
b) All existing structures and landscaping on the property are to be retained, thereby
preserving the historic, residential character of the site; and
c) On-site parking and handicap access will be improved in a manner that is consistent
with the historic character of the site;
3) The proposed use complies with each of the applicable provisions of the Zoning
Ordinance in that:
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a) Rezoning this site to a PD district establishes development standards consistent with
the existing improvements at Magnolia House, including building height, setbacks,
FAR; and
b) Proposed access and parking improvements have been reviewed by the City Traffic
Engineer and found to be acceptable given that: 1) the amount of parking on this site
and other surrounding University properties is found to be adequaqte given that this
project does not propose any expansion of students, faculty or employees; and 2) the
project will be subject to applicable traffic mitigation fees and Project Selection
Process (PSP) 2008 requirements.
Environmental and Design Review Permit (ED07-102) Findings
1) The proposed project would be consistent with the General Plan 2020 and the purposes of
Zoning Ordinance Chapter 25 (Environmental and Design Review Permits) as
demonstrated in Table 4: Table Analyzing Project Consistency with San Rafael General
Plan 2020 to the July 15, 2008 Planning Commission staff report and conversion of the
Magnolia House from residential use to University administrative office use would be
consistent with the purposes of Zoning Ordinance Chapter 25 due to the fact that the
historic residence would be retained and only a minor modification to the rear porch for
handicap access is proposed and the associated historic landscaped grounds would also be
retained along with a requirement for preparation of a landscape plan to ensure replanting
and maintenance of the landscape design over time, and the proposed plans, including
expansion of the driveway and rear parking area, were found to meet the Secretary of the
Interior's Standards for Remodeling as determined by the Historic Resource Report,
included as part of the Mitigated Negative Declaration.
2) The project design is consistent with all applicable site, architecture and landscaping
design criteria and guidelines for the district in which the site is located; in that: 1) the
project would be consistent with the purposes of the Rezoning to Planned Development
(PD) District in that this District applies to all University lands and the Magnolia House
project would create a University administrative office project; 2) the project would
comply with the Planned Development (PD) development standards which include
landscaping, lot coverage, FAR., setbacks consistent with the improvements at the site
and as demonstrated on the plans prepared by TWM Architects, sheets AO -A7, dated
June 6, 2008; 4) adequate parking and circulation would be provided for the proposed use
based upon the evaluation of the City Traffic Engineer, 5) the project would retain the
features of and protect the historic architectural and landscape design of Magnolia House
as determined by the Historic Resource Report, included as part of the Mitigated
Negative Declaration and all mitigation measures have been incorporated herein as
conditions of approval.
3) The proposed project minimizes adverse environmental impacts and would not be
detrimental to the public health, safety or welfare or materially injurious to properties or
improvements in the vicinity as documented in Findings 1 and 2 above and given that the
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recommendations from other City departments and outside agencies have been
incorporated into the conditions of approval. In addition, the Mitigated Negative
Declaration found that, with the implementation of mitigation measures, the project
would have a less -than -significant impact upon Cultural Resources.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael does approve a Use Permit (UP07-063) for an Amendment to the Master Use Permit
(UP97-45) and Environmental and Design Review Permit (ED07-102) for the project subject to
the following conditions of approval:
Use Permit (07-063) For an Amendment to Master Use Permit (UP97-45)
Conditions of Approval
1. Master Use Permit (UP97-45) Condition #2 shall be amended to state: "Individual
Environmental and Design Review Permits are required for each phase. This Use Permit
shall incorporate all mitigation measures specified in the FEIR and adopted by the City
Council as well as the subsequently adopted mitiization measures for Mainolia House (UP07-
063 ".
2. Master Use Permit (UP97-45) Condition #3 shall be amended to add a new bullet point
identifying Magnolia House as an approved use, as follows:
• "Magnolia House. The following uses are permitted for Magnolia House, a 7,416
square foot two-story historic structure with associated landscaped gardens and
parking area, located at 226 Magnolia Avenue: Administrative office use. Hours
of operation for this facility are normal business hours, Monday through Friday,
8:00 a.m. until 5:00 p.m. Occasional social gatherings may be scheduled for the
building or garden area after normal business hours on weekdays or on weekends
consistent with the requirements of the Events Management Plan.
3. All events on campus shall be operated in substantial compliance with the Events
Management Plan (EMP) dated July 14, 1998, as modified by the conditions of this Use
Permit and said EMP shall be incorporated as a condition of this Use Permit.
4. This Use Permit shall be valid at the time the Rezoning action and General Plan
Amendment become valid.
Environmental and Desien Review Permit (ED07-102)
General Project Conditions
Communitv Development Department - Planning Division
1. This Environmental and Design Review Permit (ED07-102) shall be valid for two years, or
until August 18, 2010, unless a building permit has been issued and remains valid, or a time
extension is granted.
2. Mitigation Measures identified in the Magnolia House — Dominican University
Administrative Office Mitigated Negative Declaration, June 2008, shall be implemented in
accordance with the adopted Mitigation Monitoring and Reporting Program.
The Magnolia House project consists of modifying the existing historic Magnolia House to
provide a handicap access ramp at the rear porch, interior remodeling to meet accessibility
standards and provide for administrative office use of the building, access and parking
improvements. The building techniques, materials, elevations and appearance of the project,
as presented for approval on plans prepared by TWM Architects consisting of Sheets AO -7
and dated June 4, 2008, shall be the same as required for issuance of a building permit.
Minor modifications or revisions to the project shall be subject to review and approval of the
Planning Division. Modifications deemed not minor by the Community Development
Director shall require review and approval of the Planning Commission.
4. The Environmental and Design Review Permit shall be valid at the time the Rezoning action
and General Plan Amendment become valid.
Prior to issuance of a Building Permit (or grading permit if isscced separately)
5. Prior to the issuance of a building permit), the applicant shall submit written verification that
agreement has been reached between the University and the Federated Indians of Graton
Rancheria (FIGR) for onsite monitoring of project grading activities ("Treatment Plan").
6. Prior to the issuance of a building permit, plans submitted for a building permit shall include
a plan sheet, which incorporates these conditions of approval.
7. Prior to issuance of a building permit, the applicant shall submit written verification from the
Marin Municipal Water District indicating that the District's requirements of have been met.
8. Prior to issuance of a building permit, any outstanding Planning Division fees shall be paid.
9. Affordable housing in -lieu fee for conversion of residential use to non residential use non
residential development shall be paid prior to the issuance of a building permit consistent
with the requirements established by Section 14.020.I of the Zoning Ordinance. The in -lieu
fee shall be $52,584.00 and is based on 0.03 (factor for office use) times 7(size of structure
in thousands) times $250,400 (in -lieu fee per full affordable unit).
10. The project shall receive approval of Project Selection Process (PSP) for allocation of traffic
prior to the issuance of a building permit.
11. A traffic mitigation fee of $4,246.00 dollars shall be paid for each new A.M. and P.M. peak
hour trip generated by the project. Total fees paid for this project shall be $89,166.00,
adjusted according to the Lee Saylor Construction Index to take into account changes in
construction costs. This fee amount is based on a fee of $4,246.00 times 21 total A.M. and
P.M. peak hour trips in November 2004 dollars.
Communitv Development Department — Building and Fire Prevention Divisions
12. The design and construction of all site alterations shall comply with 2007 California Building
Code, 2007 Plumbing Code, 2007 Electrical Code, and 2007 California Mechanical Code,
2007 Fire Code, and 2005 Title 24 California Energy Efficiency Standards.
13. A building permit is required for the proposed work.
14. It appears that the project meets the requirements for "substantial remodel" as defined in
Municipal Code Chapter 4.08.120 Section 903.2:8. Therefore, fire sprinklers may be required
throughout the building installed in accordance to NFPA 13 (2002 edition). A Separate
deferred application by a C-16 contractor would be required.
15. The building shall have address numbers located in a position that is plainly visible from the
street or road fronting the property. Numbers must be Arabic numerals or alphabetical
letters, be minimum 4" in height with a maximum stroke width of .5 inch, contrasting in
color to their background, and either internally or externally illuminated.
16. If occupant load for an area requires more than one exit and the occupant load served by the
corridor exceeds 30, rated corridors may be required.
17. The proposed facility shall be designed to provide access to the physically disabled in
accordance with the requirements of Title -24, California Code of Regulations; i.e., accessible
parking stalls, path of travel, primary entrance, interior travel path and restrooms.
18. Pedestrian access provisions should provide a minimum 48" wide unobstructed paved
surface to and along all accessible routes. Items such as signs, meter pedestals, light
standards, trash receptacles, etc., shall not encroach on this 4' minimum width. Also, note
that sidewalk slopes and side slopes shall not exceed published minimums per California
Title 24, Part 2.
19. This property is located in a UWI Urban Wildland Interface area. Provide a written
Vegetation Management Plan (VMP) submitted to the San Rafael Fire Department. This
VMP must be completed and verified prior to final approval. Refer to City of San Rafael
Ordinance 1856 that may be viewed at vvwvv, citvofsanrafael. or•z/fii-evezetation, or you may
contact the Fire department at (415) 485-3309 and talk to Captain Brad Mark.
20. Provide an approved Fire Department Equipment turn -around at the top of the driveway
where the vehicles are to be parked that's in excess of 150 feet may require access for
manual firefighting operations. Contact Fire Prevention Bureau for specific details.
21. Knox box keyed entry system is required at designated access doors.
During Construction or Grading
Community Development Department — Planning Division
22. Pursuant to Mitigation Measure V.b.1, if historic -era or prehistoric cultural materials are
unearthed during ground -disturbing activities, it is recommended that all work in the
immediate vicinity halt until a qualified archaeologist can assess the significance of the find.
23. Pursuant to Mitigation Measure V.b.2, the possibility of encountering human remains cannot
be discounted. Section 7050.5 of the California Health and Safety Code states that it is a
misdemeanor to knowingly disturb a human burial. If human burials are encountered, work
should halt in the vicinity of the remains and, as required by law, the County Coroner should
be notified immediately. At the same time, an archaeologist should be contacted to evaluate
the situation. If human remains are of Native American origin, the Coroner must notify the
Native American Heritage Commission. The Commission has 48 hours to notify the Most
Likely Descendant, who may make recommendations to the landowner for the disposition of
the remains.
Prior to Final Occupancy
Community Development Department Planning Division
24. Prior to final occupancy, the applicant shall install the sidewalk improvement proposed and
ultimately approved as the public benefit for PSP. The applicant shall obtain all required
encroachment permits from the Department of Public Works Department before commencing
any work in the public right-of-way to construct the sidewalk improvements.
25. Pursuant to Mitigation Measure V.a.1, A landscape plan shall be reviewed by a qualified
architectural historian and approved by the City of San Rafael Community Development
Department prior to building occupancy. The landscape plan shall include the following:
• Maintenance measures planned for the existing mature trees, as recommended in the
arborist report;
• Replacement plan for the locust trees and euonymus shrubs;
• Retention of key landscape features, including the box hedges and associated planting
beds; and
• Retention of mature shrubs that are consistent with the historic character of the house,
wherever possible.
I, Esther C. Beirne, City Clerk of the City of San Rafael, hereby certify that the forgoing
resolution was duly and replarly introduced and adopted at a regular meeting of the City
Council held Monday the 18t day of August 2008, by the following vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Miller and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
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ESTHER C. BEIRNE, City Clerk