HomeMy WebLinkAboutCC Resolution 12604 (333 Biscayne Drive - Denying Appeal)RESOLUTION NO. 12604
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DENYING
AN APPEAL (AP08-005) AND UPHOLDING THE DECISION OF THE PLANNING
COMMISSION TO ADOPT A MITIGATED NEGATIVE DECLARATION AND
APPROVE A MASTER USE PERMIT AMENDMENT (UP07-046) AND AN
ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED07-080) TO ALLOW THE
RENOVATION OF AN EXISTING CLUBHOUSE BUILDING AND CONSTRUCTION
OF NEW DRIVING RANGE SERVICE AND DAY SPA BUILDINGS WITH OUTDOOR
SWIMMING POOL/DECK TERRACE AND ASSOCIATED LANDSCAPE, LIGHTING
AND SITE ENTRY IMPROVEMENTS AT THE PEACOCK GAP GOLF & COUNTRY
CLUB LOCATED AT 333 BISCAYNE DRIVE
(APN'S 184-020-03,-04,-05 & 184-210-01)
WHEREAS, the Peacock Gap Golf and Country Club is an existing, 18 -hole golf course and
recreation facility occupying a 128 -acre site located at 333 Biscayne Drive in the Peacock Gap
neighborhood. The golf course and country club operate under a Master Use Permit (UP81-084) initially
granted by the City in 1981 and subsequently amended in 1997 to authorize modifications to the club uses
and operation, and to permit improvements to the property. The Master Use Permit includes conditions to
address noise generation through limitations on the public address (PA) system volumes. Other, general
operating conditions under the Master Use Permit include, but are not limited to the following:
a. "This Use Permit approves the operation of an 18 -hole golf course with maintenance building and
caretaker's unit, practice range and 30,000 -square -foot clubhouse with food service and banquet
facilities.
b. Tournaments are permitted up to 200 golfers and any PGA -sanction tournaments require a
temporary Use Permit.
c. The operation hours for the golf course are "sunrise" to "sunset", seven days a week and those for
the clubhouse are "sunrise" to midnight.
d. The volume of the public address volume setting shall be no higher than "1.5 before 9:00 a.m. and
no higher than 3 at any other time" and the public address system shall not be used prior to 7:00
a.m.
e. Helicopters shall not land on the subject property.
f. The caretaker's unit in the maintenance building is reserved for golf course employees and cannot
be leased or rented to non -employees.
g. An evaluation of chemical fertilizer / herbicide application and turf maintenance practices shall be
included in annual water quality monitoring filed with the City by a water quality engineer";
WHEREAS, on May 22, 2007, Carolyn M. Keats of SC Consultants, Inc. ("applicant"), on behalf
of Peacock Gap Properties, Inc. ("property owner"), submitted a pre -application requesting conceptual
review of a project that would renovate the existing clubhouse and construct a new, 2,800 square foot,
driving range service building and a new, 9,666 square foot, day spa building with outdoor swimming
pool/deck terrace on a 0.75 -acre portion of the golf course site. On June 19, 2007, the City of San Rafael
Design Review Board (DRB) reviewed the pre -application in a duly -noticed public meeting and provided
preliminary comments on the conceptual plans. The DRB found the proposed outdoor pool feature was an
important element of the project; its size and location was appropriate, though user noise was noted and
acknowledged as an issue to be addressed as part of the project review process; and
WHEREAS, following the conceptual review process, on October 9, 2007, a Master Use Permit
Amendment (UP07-046) and an Environmental and Design Review Permit (ED07-080) applications were
filed with the Community Development Department; and
WHEREAS, on December 4, 2007 the Design Review Board (DRB) conducted a first review of
the project and recommended specific plan revisions. On February 20, 2008, the Design Review Board
conducted a second review of the plan revisions. With the plan revisions, the DRB unanimously
recommended approval of the project, subject to a number of additional design refinements. These
additional design refinements were recommended for inclusion in the project conditions of approval; and
WHEREAS, on May 13, 2008, the City of San Rafael Planning Commission held a duly -noticed
public hearing on the proposed Master Use Permit Amendment and Environmental and Design Review
Permit applications, accepting all oral and written public testimony and the written report of the
Community Development Department staff, and continued the applications with specific
recommendations; and
WHEREAS, following public testimony and discussion at the May 13, 2008 hearing, the
Planning Commission voted unanimously (6-0-1, Sonnet absent) to continue the applications directing
that: a) the noise study be revised to incorporate analysis on the proposed ancillary uses of the swimming
pool, the surrounding pool terrace, and the basement area under the new day spa building; b) the City
Attorney's Office be consulted regarding the staff's CEQA categorical exemption determination for the
project and c) a comprehensive analysis of site alternatives for the project be presented to demonstrate the
applicant's efforts in studying the selected location of the outdoor swimming pool and pool deck terrace;
and
WHEREAS, to address the Planning Commission's recommendations: a) the noise study was
revised to include ancillary uses of the swimming pool, the surrounding pool terrace, and the basement
area under the new day spa building, which determined: 1) Swim meets, held up to four times per summer
season, from 9 a.m. to 1 p.m. on Saturdays, during June and July, would generate noise levels similar to
those generated during active afternoon (i.e., noon to 4 p.m.) open swimming use; 2) The use of the pool
deck terrace for birthday parties with up to 50 guests, between the hours of noon to 4 p.m. and without
amplified music, would generate noise levels comparable to those generated during active afternoon open
swimming use; and 3) Proposed golf cart storage in the basement area of the new day spa building, and
the noise associated with "reverse beeping" of electric golf carts, would be indistinguishable from those
currently generated by the circulation of gas -powered maintenance equipment during the operation of the
golf course; b) an Initial Study/Mitigated Negative Declaration was prepared by staff, consistent with the
CEQA Guidelines, which concluded that the project would result in a number of potential environmental
impacts but that the impacts can be mitigated through implementation of specific measures; and c) a
comprehensive analysis of site alternatives, documenting the applicant's efforts in studying the selected
location of the outdoor swimming pool and pool deck terrace, was produced, which concluded that the
project location would have greater advantages and fewer disadvantages than four alternative site
locations; and
WHEREAS, on July 29, 2008, the City of San Rafael Planning Commission held a duly noticed
public hearing on the draft Initial Study/Mitigated Negative Declaration and the Master Use Permit
Amendment and Environmental and Design Review Permit applications, accepting all oral and written
public testimony and the written report of the Community Development Department staff; and
WHEREAS, on July 29, 2008, the Planning Commission adopted Resolution No. 08-16 (6-1,
Mills opposed) adopting a Mitigated Negative Declaration and approved a Mitigation Monitoring and
Reporting Program (MMRP) for the proposed Master Use Permit Amendment and Environmental and
Design Review Permit Amendment applications, as adequately assessing the potential environmental
impacts of the project; and
WHEREAS, on July 29, 2008, the Planning Commission adopted Resolution No. 08-17 (4-3,
Mills, Paul and Sonnet opposed), approving the Environmental and Design Review Permit (ED07-080)
and the Master Use Permit Amendment (UP07-046) imposing additional conditions of approval to
address noise and design issues; and
WHEREAS, on August 5, 2008, Amy Dunnigan filed an appeal (AP08-005), pursuant to the
provisions of San Rafael Municipal Code Chapter 14.28, listing Susan McArdle as co -appellant and citing
overall support for the proposed renovation and improvements to the site but opposing the location of the
proposed day spa building and outdoor swimming pool and deck terrace; and
WHEREAS, Ms. Dunnigan, et al further cites that the Planning Commission's 4-3 spilt vote
approval of the Master Use Permit Amendment and Environmental and Design Review Permit was "too
close" and that the proposed alternative location immediately west of the clubhouse should be revisited by
the San Rafael City Council; and
WHEREAS, on October 6, 2008, the City Council held a duly noticed appeal hearing to consider
the Appeal (AP08-005), accepted and considered all oral and written public testimony and the written report
of the Community Development Department staff, and
WHEREAS, the custodian of documents which constitute the record of proceedings upon which
this decision is based is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby denies the Appeal (08-
005) and upholds the July 29, 2008 decision of the Planning Commission (Resolution Nos. 08-16 and 08-
17), adopting a Mitigated Negative Declaration, approving a Mitigation Monitoring and Reporting Program,
and approving the Master Use Permit Amendment (UP07-046) and Environmental and Design Review
Permit (ED07-080) to allow renovation of the existing clubhouse and construction of a new, 2,800 square
foot, driving range service building and a new, 9,666 square foot, day spa building with outdoor swimming
pool/deck terrace at 333 Biscayne Drive ("the Peacock Gap Golf & Country Club"). The City Council finds
and determines that the points of the appeal cannot be supported for the following reasons:
Appeal Point: "...we are not opposing the renovation of the Golf and Country Club and other
improvement being made, but the planned site of the day spa building with outdoor swimming pool
deck/terrace and basement area. The 4-3 vote ... by the Planning Conin:ission was too close".
The Council confines and incorporates by reference herein, the findings and action of the Planning
Commission by Resolution No. 08-16 (adoption of the Mitigated Negative Declaration and approval of
the Mitigation Monitoring and Reporting Program) and Resolution No. 08-17 (conditional approval o
the Master Use Pen -nit Amendment and Environmental and Design Review Pen -nit) and denies the
appeal based on the following findings:
a. In weighing and balancing alternative locations for the day spa building, outdoor swimming pool
and pool deck terrace, the project location is found to have greater advantages and fewer
disadvantages than all four alternative site locations considered by the Planning Commission and
summarized/described in the record.
b. The alternative site analysis was based largely on the potential noise impacts of the project and that,
since all of the environmental impacts of the project, including noise, can be reduced to a less-than-
significant level through the implementation of mitigation measures, the proposed location of the
project is acceptable.
BE IT FURTHER RESOLVED, that the City Council upholds the adoption of a Mitigated
Negative Declaration (ND08-002) and approval of the Mitigation Monitoring and Reporting Program as
presented in Attachment "A" and upholds the approval of the Environmental and Design Review Permit
(ED07-080) and Master Use Pen -nit Amendment (UP07-046) based on the following findings and subject to
the following conditions of approval:
Mitigated Negative Declaration Findings
(ND08-002)
The City Council has exercised its independent judgment in evaluating the Planning Commission's
adoption of the Initial Study/Mitigated Negative Declaration, and has considered the comments received
during the public review period, at the Planning Commission hearing, and at the City Council hearing.
Based on this review, it has been determined potentially significant impacts on Aesthetics, Air Quality,
Biological Resources, Cultural Resources, Geology, Hazardous Material, Hydrology and Water Quality,
Noise, and Traffic, resulting from the project can be mitigated to a less -than -significant level through
the implementation of recommended mitigation measures or through compliance with recommended
conditions of project approval.
2. A Mitigation Monitoring and Reporting Program has been prepared for adoption to ensure
implementation of, and compliance with, all conditions required to mitigate any impact to a level of less
than significant.
Master Use Permit Amendment Findings
(UP07-046)
1. As proposed and conditioned, the addition of day spa/fitness/outdoor swimming pool and ancillary golf
course uses to the existing golf course and country club are in accord and consistent with the San Rafael
General Plan 2020, the objectives of the Zoning Ordinance and the purposes of the Public/Quasi-Public
District, in that:
a) The project is consistent with the applicable General Plan policies and Zoning Ordinance sections
as identified in Environmental and Design Review Permit findings # 1-3 above.
b) The addition of a day spa and driving range service buildings to the existing golf course facility
would be within the allowable floor area ratio of 1.0 for public/quasi-public uses in this zoning
district.
c) The proposed uses would be consistent and compatible with the golf course and country club uses
that are presently allowed in the approved Master Use Permit (UP81-084(b)) and would be
consistent with the types of uses that are allowed through the approval of such permits in the
Public/Quasi-Public District and the General Plan 2020 land use designation for the site.
d) The project would introduce new recreation uses (i.e. day spa, fitness, and outdoor swimming) that
are compatible with, and would complement the regional recreational facility currently located on
the site.
e) The traffic impacts of the proposed uses would be consistent with General Plan Circulation Policy
C-5 (Traffic Level of Service Standards) in that the combined 31 AM and PM peak hour trips
projected to be generated by the project would not impact the level of service at local intersections.
f) As confirmed by the latest, revised noise study and supportive `peer' review, the proposed uses
would generate additional noise but would be within and consistent with the noise limits set forth in
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General Plan Noise Policy N-4 (Noise from New Nonresidential Development) and the City's Noise
Ordinance.
2. As proposed and as conditioned, the addition of the day spa/fitness/outdoor swimming pool and
ancillary golf course uses to the existing golf course and country club will not be detrimental to the
public health, safety or welfare, or materially injurious to properties or improvement in the vicinity, or
to the general welfare of the City, in that:
a) The proposed uses have been reviewed by the appropriate City departments, non -City agencies, the
pertinent, surrounding neighborhood organizations (Peacock Gap HOA, Peacock Estates HOA,
Peacock Point HOA, Peacock Court HOA, Knollwood Townhouses, Inc., and Knoll Recreation
Association), and the DRB, which has resulted in changes in the project design and the imposing of
conditions to reduce potential noise, aesthetic, light and glare and traffic impacts;
b) The proposed uses would be consistent with the purpose and intent for recreation -related uses
allowed and conditionally allowed in the P/QP District. As conditioned, through the Master Use
Permit Amendment, potential conflicts with the health, safety and welfare of the surrounding
residential community are adequately addressed. In fact, the project will continue to provide and
expand recreational opportunities at the site, and within the immediate neighborhood, by adding
fitness and outdoor swimming pool facilities to the existing golf course facility, while preserving
and upgrading existing interior meeting/events space in the clubhouse;
c) Mitigation measures recommended in the Initial Study/Mitigated Negative Declaration that are
related to potential noise and other impacts for operation of the proposed uses have been
incorporated as conditions of approval for this Master Use Permit Amendment.
3. As proposed and as conditioned, the addition of the day spa/fitness/outdoor swimming pool and
ancillary golf course uses to the existing golf course and country club complies with each of the
applicable provisions of the Zoning Ordinance, specifically, the provisions and requirements for
approval of an Environmental and Design Review Permit (discussed above), the off-street parking
provisions of SRMC Chapter 14.18, and the site and use regulations of SRMC Chapter 14.16. Further,
although the entire golf course and country club site is located within the Wetland Overlay (WO)
District, the 0.75 -acre project area does not contain wetlands and would not violate or be in conflict with
the provisions of this overlay district.
Environmental and Design Review Permit Findings
(ED07-080)
1. The project design, as proposed and conditioned, is in accord with all applicable policies of the San
Rafael General Plan 2020, including:
a) The proposed project, as designed, would be consistent with Land Use Element Policies LU -2
(Development Timing), LU -3 (Project Selection Process), LU -5 (Urban Service Area), LU -12
(Building Heights), and LU -23 (Land Use Map and Categories), given that the project: 1) would
be approved at a time when there is adequate infrastructure to serve the proposed development; 2)
obtained the required Project Selection Process (PSP) approval by the City Council on August 18,
2008 (Resolution No.] 2564); 3) would result in an increased building height for the clubhouse of
approximately 30'and a building height for the new driving range service building and the new
day spa building of approximately 20' which is consistent with the maximum building height
limit of 36 feet allowed for the site; and 4) would create new uses and amenities for the site, day
spa with outdoor swimming pool and deck terrace, which are compatible with the type and
intensity of the other public/quasi-public uses on the site;.
b) The project, as proposed, would be consistent with Neighborhoods Element Policies NH -2 (New
Development in Residential Neighborhoods), NH -7 (Neighborhood Identity and Landmarks),
NH -8 (Parking), and NH -14 (Gathering Places and Events), given that: 1) the architectural
design of the project incorporates earthtone colors, natural wood materials, "8 -in -12" and "6 -in -
12" gabled roof forms, and "low -profile" building scale that preserves the residential character of
the surrounding neighborhoods; 2) the site entryway along Biscayne Drive would be improved
with landscaping and fencing that would enhance the identities of the Peacock Gap -area
neighborhoods and help to define the existing neighborhood entry and focal point; 3) the existing
on-site parking lot areas would be maintained with landscape improvements that would better
retain the residential character of the surrounding neighborhoods; and 4) new and renovated
amenities, fitness/day spa/swirn center and clubhouse meeting spaces, would create additional
active recreation and social interaction areas on the site to complement those already existing at
the quasi -public golf course facility.
c) The project, as proposed, would be consistent with Community Design Element Policies CD -1
(City Image), CD -2 (Neighborhood Identity), CD -3 (Neighborhoods), CD -5 (Views), and CD -10
(Nonresidential Design Guidelines), CD -15 (Participation in Project Review), CD -18
(Landscaping), CD -19 (Lighting), and CD -21 (Parking Lot Landscaping), given that: 1) entryway
and Biscayne Drive frontage improvements would enhance the pedestrian scale and landscape
character of the surrounding residential neighborhoods; 2) views of the surrounding hills from
public vantage points along Biscayne Drive would be preserved by the low -profile building scale;
3) architectural elements, including earthtone colors, natural wood materials, "8 -in -12" and "6 -in -
12" gabled roof forms, parapet screening, and "low -profile" building scale, create a consistent,
visually compatible nonresidential design pattern that fits within and improves the surrounding
residential neighborhoods; 4) effective public involvement has been encouraged and maintained
through the review process through the distribution/referral of the project to appropriate City
departments, non -City agencies and neighborhood groups early on, and sending notice of all
hearings (including the City Council's hearing) to owners and applicants within 300' of the site
and the appropriate neighborhood groups and posting the site with notice of all hearings on the
project in accordance with Chapter 29 of the Zoning Ordinance; 5) the project will restore and
enhance the landscape presence on the site by upgrading existing landscape areas and creating
new landscape areas within the parking lots and around clubhouse, day spa and driving range
service buildings; and 6) The project will replace the existing parking lot lighting and install new
bollard lighting along the pedestrian paths in order to provide adequate site lighting for safety
purposes while controlling excess light spillover and glare.
d) The project, as proposed, would be consistent with Circulation Policies C-5 (Traffic Level of
Service Standards Intersection LOS), C-7 (Circulation Improvements Funding) and C-29
(Better Use of Parking Resources), given that: 1) the traffic study determined that the project
would generate a minimal volume of added traffic to the San Rafael circulation system and the
City's Traffic Engineer determined that this nominal additional traffic would not result in any
operational issues to the stop -controlled intersection at Biscayne Drive and Point San Pedro Road,
the intersection closest to the project site; 2) the project would generate 31 new average combined
a.m./p.m. peak period vehicle trips (3 during the a.m. peak hour period and 28 druing the p.m.
peak hour period) above the historical levels generated by the existing golf course facility; 3) the
project is required to mitigate any potential cumulative traffic impacts through the payment of a
traffic mitigation fee of $131,626.00, which represents a fair share contribution by the project to
circulation improvements identified in the General Plan; and 4) the project will improve use of
the existing parking lot areas by creating 75 new parking opportunities through a valet -controlled
parking program during large events (greater than 350 attendees).
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e) The project as proposed would be consistent with Infrastructure Element Policies I-2 (Adequacy
of City Infrastructure and Services), I-4 (Utility Undergrounding) and I-10 (Sewer Facilities),
given that: a) the public utility agencies that would provide water, sewer and other services to the
site have reviewed the proposed project and determined that there is adequate capacity to service
the new project given that the proposed new use would be within the historical levels of use; 2)
the site is already served by utilities and, based on City policy, all new utility connections would
be required to be undergrounded; and 3) the site is already served by Marin Municipal Water
District and San Rafael Sanitation District who have reviewed the project and determined there is
adequate capacity to serve the additions to this facility.
f) The project as proposed would be consistent with Safety Element Policies S-1 (Location of
Future Development), S-3 (Use of Hazard Maps in Development Review), S-4 (Geotechnical
Review) S-5 (Minimize Potential Effects of Geological Hazards), S-6 (Seismic Safety of New
Buildings), S-12 (Use of Environmental Databases in Development Review), S-13 (Potential
Hazardous Soils Conditions), S-14 (Hazardous Materials Storage, Use and Disposal), S-17
(Flood Protection of New Development), S-25 (Regional Water Quality Control Board (RWQCB)
Requirements), S-26 (Fire and Police Services), S-31 (New Development in Fire Hazard Areas)
and S-32 (Safety Review of Development Projects), in that: 1) geoseismic dangers have been
evaluated through the City's Geotechnical Review process and found the project would not pose
potential danger to the health, safety and welfare of the community; 2) the Geology and Stability
Map and Flood Hazard Area Maps of the General Plan were reviewed and, based on these maps,
the project site is not located in a 100 -year flood hazard area; 3) a Geotechnical Investigation
Report was prepared and found that the project meets the requirements set forth in the
Geotechnical Review Matrix; 4) the above-mentioned Geotechnical Investigation Report found
that the proposed development was feasible from a geotechnical standpoint and recommended
certain measures be incorporated in the construction of the building and those have been
incorporated into conditions of approval; 5) both the renovation of the clubhouse structure and the
construction of the new driving range service building and the new day spa building with outdoor
swimming pool/deck terrace would be built in accordance with the most current building and
seismic codes as required by the City's Municipal Code; 6) the Fire Department has reviewed the
list of contaminated sites and this site is not included on the list; 7) no hazardous materials are
proposed to be used, stored or disposed of at this site; 8) the project has been reviewed by the
City's Public Works Department, which implements the Stormwater Pollution Prevention
standards and regulations; as designed, the proposed project includes adequate measures to
reduce stormwater run-off consistent with the standards established by the RWQCB; 9) the
project would direct all run-off to the landscaped areas and on-site filtration devices before being
discharged into the City's stormdrain system; 10) the City of San Rafael Police and Fire
Departments have reviewed and recommended approval with certain conditions of approval to
ensure the new development would comply with all Fire Codes and conditions of approval have
been required to assure that the project meets the alternate means of protection requirements; and
11) the subject site is located in an Urban Wildland Interface (UWI) area, which requires the
submittal of a Vegetation Management Plan (VMP) to the Fire Department for review and
approval
g) The project, as proposed, would be consistent with Noise Element Policy N-4 (Noise from New
Nonresidential Development), in that: 1) the project incorporates mitigation measures in the
design and use, including a sound barrier wall 17.5' in height and limits on user capacity and
hours of operation, that will substantially reduce the project -generated noise levels on
neighboring residences, the affected receptors, to less -than significant levels; and 2) temporary
noise impacts to golf course members or users, employees and adjacent residents from the
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construction of the project have been addressed through conditions of approval and are reduced to
less -than -significant levels.
h) The project as proposed would be consistent with Conservation Element Policies CON -1
(Protection of Environmental Resources) CON -9 (Native and/or Sensitive Habitats), CON -10
(Impacts to Sensitive Habitats), CON -13 (Threatened and Endangered Species) and CON -14
(Special Status Species), given that: 1) the project site was previously developed with, and used
for, tennis courts and, more recently, a materials storage and staging area during previous
approved grading of the fairways, greens and tees on which there are no known environmental
resources or special status species; and 2) the project will result in the removal of 100 existing
trees, including 7 native oak trees wich will be replaced in kind at a 3:1 replanting ratio.
i) The project as proposed would be consistent with Air and Water Quality Element Policies AW -2
(Land Use Compatibility), AW -7 (Local, State and Federal Standards) and AW -8 (Reduce
Pollution from Urban Runoff), given that: 1) due to the developed nature of the site, the project
would generate 31 new combined a.m./p.m. vehicular trips over historical levels and, therefore,
would not significantly impact air quality and would be consistent with the Bay Area Air Quality
District requirements; traffic associated with the project and those generated by the existing golf
course facility were evaluated and found to be within the thresholds established for air quality
impacts; 2) the existing landscape buffer between the project site and the adjacent residential
neighborhood would be preserved and enhanced to improve air and water quality; 3) the project
would be required to comply with the City's Stormwater Pollution Prevention standards, which
are derived from the Regional Water Quality Board; the proposed drainage plan is designed to be
consistent with the stormwater pollution standards by treating stormwater runoff on-site in
landscape areas or through an on-site filtration area before it enters into the stone drain system;
and 4) temporary impacts to air and water quality from the construction of the project have been
addressed through standard conditions of approval, including requiring a Storm Water Pollution
and Prevention Plan (SWPPP) and Best Management Practices to minimize impacts on air and
water quality .
2. The project design, as proposed and as conditioned, is consistent with the objectives of Title 14 (the
Zoning Ordinance), which are to promote and protect the public health, safety and general welfare, in
that:
a) As discussed in finding #1 above, the project will implement, support and promote the goals and
policies of the San Rafael General Plan 2020 that are intended to protect the public health, safety
and welfare, which include Land Use Element Policies LU -2 (Development Timing), LU -3 (Project
Selection Process), LU -5 (Urban Service Area), LU -12 (Building Heights), and LU -23 (Land Use
Map and Categories), Neighborhoods Element Policies NH -2 (New Development in Residential
Neighborhoods), NH -7 (Neighborhood Identity and Landmarks), NH -8 (Parking), and NH -14
(Gathering Places and Events), Community Design Element Policies CD -1 (City Image), CD -2
(Neighborhood Identity), CD -3 (Neighborhoods), CD -5 (Views), and CD -10 (Nonresidential Design
Guidelines), CD -15 (Participation in Project Review), CD -18 (Landscaping), CD -19 (Lighting),
and CD -21 (Parking Lot Landscaping), Circulation Policies C-5 (Traffic Level of Service Standards
-- Inlersection LOS), C-7 (Circulation Improvements Funding) and C-29 (Better Use of Parking
Resources), Infrastructure Element Policies I-2 (Adequacy of City Infrastructure and Services), I-4
(Utility Undergrounding) and I-10 (Sewer Facilities), Safety Element Policies S-1 (Location of
Future Development), S-3 (Use of Hazard Maps in Development Review), S-4 (Geotechnical
Review) S-5 (Minimize Potential Effects of Geological Hazards), S-6 (Seismic Safety of New
Buildings), 5-12 ( Use of Environmental Databases in Development Review), S-13 (Potential
Hazardous Soils Conditions), S-14 (Hazardous Materials Storage, Use and Disposal), S-17 (Flood
Protection of New Development), S-25 (Regional Water Quality Control Board (RWQCB)
Requirements), S-26 (Fire and Police Services), 5-31 (New Development in Fire Hazard Areas) and
S-32 (Safety Review of Development Projects), Noise Element Policy N-4 (Noise fon? New
Nonresidential Development), Conservation Element Policies CON -1 (Protection of Environmental
Resources) CON -9 (Native and/or Sensitive Habitats), CON -10 (Impacts to Sensitive Habitats),
CON -13 (Threatened and Endangered Species) and CON -14 (Special Status Species), and Air and
Water Quality Element Policies AW -2 (Land Use Compatibility), AW -7 (Local, State and Federal
Standards) and AW -8 (Reduce Pollution from Urban Runoff) .
b) The Initial Study/Mitigated Negative Declaration prepared for this project identifies all potentially
significant environmental impacts of the project caused by inappropriate location, use or design of
buildings and improvements and reduces these to a less -than -significant level through
implementation of recommended mitigation measures and monitoring. These measures have been
incorporated as conditions of Environmental and Design Review Permit approval.
c) The project will protect, strengthen and diversify the economic base of the City by preserving,
upgrading and expanding community gathering and events space on the site.
d) The project will ensure the adequate provision of light, air, space, fire safety, and privacy between
buildings by providing a 21-26' side yard setback that is adjacent to the Knollwood/Knolls
townhouse residential developments where 10' is required.
e) The project will promote design quality by providing landscape enhancements and lighting
improvements on the site, and implementing common design details on the clubhouse, day spa
and driving range service buildings.
3. The project design, as proposed and as conditioned, is consistent with the specific purposes of
Chapter 9 (Public'Quasi-Public Districts) of the Zoning Ordinance, in that; the project will continue
to provide, and expand, opportunities for recreation and community service facilities by adding
fitness and outdoor swimming pool facilities to the existing golf course facility, while preserving and
upgrading existing interior meeting/events space in the clubhouse.
4. The project design, as proposed and conditioned, is consistent with the the purposes of Chapter 25
(Environmental and Design Review Permit) of the Zoning Ordinance, in that:
a) The project would maintain and improve the quality of, and relationship between, the proposed
development and the surrounding area to contribute to the attractiveness of the City, in that: 1) the
Design Review Board reviewed the proposed design and ultimately recommended approval of the
project, including the 17.5' -high pool restroom building/sound barrier wall located between the
outdoor swimming pool area and the nearest residential structures, which would help reduce the
anticipated noise impacts within allowable levels consistent with the application General Plan
policy and standards found in the City's Zoning Ordinance and Noise Ordinance; and 2) the
project would result in a 22-23' side yard setback where 10' is required.
b) The project would preserve balance and harmony within the neighborhood, in that: 1) The project
proposes single -story structures on the site in which the surrounding neighborhoods are a mixture
of single- and two-story residences; 2) the project proposes natural materials and earth tone/wood
tone colors for all structures on the site which are also found on existing residential structures
within the surrounding neighborhoods; and 3) the project proposes to preserve and enhance the
landscaped presence on the site, including preserving and improving the landscaping along the
Biscayne Drive frontage site and entryway access.
c) The project would promote design excellence in that: 1) proposed materials and colors would be
high-quality, natural -finished, Western Red Cedar horizontal lap wood siding with earth
tone/wood tone manufactured stone veneers column and pilaster accents and dark composition
asphalt roof shingle with the depth and dimension of hand -split wood shake shingles; and 2) the
DRB reviewed the project on December 4, 2007 and revisions to the project on February 20, 2008
and recommended approval of the project design, finding adequate architectural consistency
among the existing and proposed structures on the site.
d) The project would preserve and enhance views from other buildings and public property by
designing the new day spa and driving range service buildings as single -story structures (the day
spa is designed with a basement for storage of the mechanical equipment and overflow golf cart
parking).
5. The project design, as proposed and conditioned, is consistent with all applicable site, architecture
and landscaping design criteria and guidelines for the P/QP District in which the site is located, in
that:
a) The project is consistent with the development standards of the P/QP District, including a 21-26'
side yard setback (day spa building) where 10' is required, a maximum height of approximately
22' where 36' is allowed, and minimum landscaping of l0+% where 10% is required. The
approximate 59,630 square feet of existing and new development, or 0.011 FAR, is well below
the maximum allowable intensity of development for the site, 1.0 FAR;
b) The project is consistent with specific parking requirements of the Zoning Ordinance. The project
proposes to meet the minimum off-street parking requirements for the square footage of uses as
determined by the City's Traffic Engineer, the minimum parking dimensional standards and the
minimum parking lot landscaping requirements. The project will provide 75 additional, valet -
controlled vehicle parking locations distributed within the parking areas for large events (greater
than 350 attendees), such as weddings, PGA -sanctioned golf tournaments, etc.;
c) The project will not negatively impact views from Biscayne Drive or any other public vantage
point given that the single -story driving range service building has a 250' front setback from
Biscayne Drive and the single -story day spa building (with basement) has a 450' front setback
from Biscayne Drive.
6. As summarized in the Initial Study/Mitigated Negative Declaration prepared for the project, the
project design, as proposed and conditioned, minimizes potential adverse environmental impacts, in
that: a) the project will locate the day spa and driving range service buildings in previously developed
areas of the site where the required grading is limited to 3,600 cubic yards of cut and 2,520 cubic
yards of fill (approximately 1,000 cubic yards of excavation or "cut" to be off -hauled); b) while the
project would remove 100 trees, located primarily in the parking areas, these trees would be replaced
with 214 new trees, located primarily throughout the parking areas; and c) mitigation measures for
potential noise and other impacts have been incorporated as conditions of approval.
7. The project design, as proposed, would not be detrimental to the public health, safety or welfare, nor
materially injurious to properties or improvements in the vicinity, in that: a) the environmental
impacts of the project have been analyized, mitigated to less -than -significant levels, and included as
conditions of approval; b) the project design would blend with the character of the surrounding
residential environment and would preserve the greatest extent possible views of the surrounding hills
and ridgelines; and c) the project's siting, scale and mass would provide a senstive transition from the
adjacent residential structures and would not significantly impact natural light on adjacent properties.
Master Use Permit Amendment
Conditions of Approval (UP07-046)
1. This Master Use Permit Amendment (UP07-046) shall approve the following, allowable uses and shall
supersede the previous Master Use Permit approval (UP81-084 (b)) approval for the golf course site:
a. The operation of an 18 -hole, golf course.
b. An approximately 30,000 square foot clubhouse providing primarily banquet/conference/events
facilities with ancillary food service, administrative office, retail ("Golf Shop"), and golf cart
storage uses. Additional exterior events facilities include use of "events terrace" and "events lawn"
areas, located immediately behind the Clubhouse. For the purposes of this use permit amendment,
"food service" includes outdoor dining on the "events terrace"/patio area. For the purposes of this
use permit amendment, "events" include golf tournaments, banquets, weddings, bridal and baby
"showers", holiday and birthday parties, "class" reunions and dances, business seminars and
conferences, community meetings and similar types of functions.
c. An approximately 11,000 square foot day spa building providing primarily personal service or
"beauty care" — hair, manicure/pedicure, and facial/massage "stations" — and fitness facilities with
ancillary golf cart storage uses in the basement level. The basement level, currently proposed as cart
storage and mechanical rooms, is not included in floor area ratio and is not permitted for uses other
than cart storage and mechanical uses. Any active use of the basement area other than for storage
use shall require an amendment to this use permit and further analysis of additional traffic impacts
and possible mitigation fees.
d. An approximately 10,000 square foot uncovered, outdoor swimming pool/pool terrace with a 948
square foot restroom building and outdoor showers.
e. A 2,800 square foot driving range service building providing golf club repair/storage and driving
range management facilities. The driving range service building may be used as a management
facility for the golf course operations during the renovation of the clubhouse.
f. An approximately 5,000 square foot maintenance equipment storage building providing primarily
interior storage and repair facilities for golf course grounds equipment with ancillary "break room"
space for employees and outdoor storage of golf course materials (sand, topsoil, etc.) and
equipment.
g. Temporary valet parking locations for 75 additional parking spaces, located primarily mixed within
the main and lower parking areas.
h. Public address (PA) system use, limited to announcing "tee" times "in and around" the clubhouse
and driving range service building only.
i. Outdoor music use, limited to background or "mood music" "in and around" the clubhouse
including the "events terrace" and "events lawn" areas and driving range service building only.
2. This Master Use Permit Amendment (UP07-046) shall approve the following allowable daily hours of
operation, and other limitations:
a. Golf course operations — "sunrise" to "sunset".
b. Clubhouse and restaurants — 6:00 a.m. to 10:00 p.m.
c. Golf course maintenance — 6:30 a.m. to 5:30 p.m.
d. Pool and fitness facilities — 6:00 a.m. to 9:00 p.m. (Adult lap swim only, between 6:00 -9:00 a.m.)
e. Day spa — 10:00 a.m. to 9:00 p.m., Monday through Friday, and 8:00 a.m. to 8:00 p.m., Saturday
and Sunday.
f. Fitness facilities — 6:00 a.m. to 9:00 p.m.
g. Events — 8:00 a.m. to 11:00 p.m.
h. No deliveries before 7:00 a.m. or after 9:00 p.m.
i. PA system operation -- 7:00 a.m. to 8:30 p.m.
3. Based on the assumptions used as a foundation for the Final Noise Study, the maximum daily pool
capacity shall be 100 people at any given time between noon and 4:00 p.m., and 50 people at any given
time between 6 a.m. and noon and between 4:00 p.m. and 9:00 p.m. The property owner shall monitor
the number of people in the outdoor pools at all times for conformance with the above limitations. If the
self-monitoring indicates non -noncompliance with this limitation, the property owner shall take
immediate action to reduce the number of people participating actively in any swim session or event to
maximum occupancy levels. The City of San Rafael reserves the right to inspect the facility during
these hours to monitor compliance. Noncompliance and/or repeated violations documented by the San
Rafael Police Department shall subject the project sponsor to a revocation hearing of the Use Permit.
4. Organized swim meets are permitted to be held up to four times during the summer season (i.e., June
and July), on Saturdays only between 9:00 a.m. and 1:00 p.m.
5. The project has the potential to result in an increase in noise associated with pool events. To mitigate
PA system noise, the PA system or starter signals used at swim meets shall not be plainly audible and
shall not exceed 60 dBA L.. as measured on any private residential property. The property owner shall
monitor the use of PA system or starter signals during swim meets with an on-site sound level meter for
conformance with the above maximum sound levels. If self-monitoring indicates sound levels
exceeding 60 dBA L,nax, the property owner shall immediately reduce or eliminate the use of PA system
or start signals during swim meets. The City of San Rafael reserves the right to inspect the facility
during these hours to monitor compliance. Noncompliance and/or repeated violations documented by
the San Rafael Police Department shall subject the project sponsor to a revocation hearing of the Use
Permit (Mitigation Measure Noise -1).
6. To mitigate noise from pool events, events held on the pool deck shall be limited to birthday parties of
up to 50 participants and shall occur between noon and 4:00 p.m. only. Amplified outdoor music shall
not be allowed. The property owner shall monitor events held on the pool deck terrace for confonnance
with the above limitations. If self-monitoring indicates non -conformity, the property owner shall take
immediate action to relocate the pool event to inside either the clubhouse or day spa building or reduce
the number of participants to no greater than 50. The City of San Rafael reserves the right to inspect the
facility during these hours to monitor compliance. Noncompliance and/or repeated violations
documented by the San Rafael Police Department shall subject the project sponsor to a revocation
hearing of the Use Permit (Mitigation Measure Noise -2).
7. To mitigate noise generated from the use of the basement of the day spa building for ancillary golf
course uses:
a. Restrict operation of golf cart storage area to the hours of 8:00 a.m. — 6:00 p.m.
b. Create a circulation pattern so that golf carts for storage may be brought into and out of the
basement of the day spa building, which minimize the use of reverse movements or driving and
thereby minimizing "backup beeping".
c. The property owner shall monitor the hours of operation of golf cart storage in the basement area of
the day spa building for conformance with the above limitations. If self-monitoring indicates non-
conformity, the property owner shall take immediate action to limit the hours of golf cart storage in
the day spa building basement area to 8:00 a.m.- 6:00 p.m. The City of San Rafael reserves the
right to inspect the facility during these hours to monitor compliance. Noncompliance and/or
repeated violations documented by the San Rafael Police Department shall subject the project
sponsor to a revocation hearing of the Use Permit.
d. All new golf carts leased or purchased by the property owner for use on the site shall be electric -
or solar -power only and shall not be gas -powered.
e. When the mechanical and pool equipment are designed, the design shall be analyzed and
necessary noise controls included into the design so that noise levels will not exceed the
nighttime noise limit for constant noise (40 dBA L,q) as measured at the residential boundary or
any residential property as set forth in the San Rafael Noise Ordinance. Prior to issuance of
grading or building permits for the day spa building, a noise study shall be submitted to the
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Planning Division on the design of the pool equipment and mechanical equipment (Mitigation
Measure Noise -3).
To reduce traffic impacts, all employee shifts associated with the day spa building / swimming pool
shall be structured to commence and end outside the a.m. (7-9 a.m.) and p.m. (4-6 p.m.) peak hour
periods. The property owner shall monitor all employee shifts associated with the day spa
building/swimming pool for conformance with the above limitations. If self-monitoring indicates non-
conformity, the property owner shall take immediate action to correct. The City of San Rafael reserves
the right to inspect the facility during these hours to monitor compliance. Noncompliance and/or
repeated violations documented by the San Rafael Police Department shall subject the project sponsor
to a revocation hearing of the Use Permit (Mitigation Measure Traffic -1).
9. To reduce parking impacts within the surrounding neighborhood, the property owner is required to
utilize valet -assisted parking during events held on site of greater than 350 attendees. For location of the
valet -assisted parking, refer to the approved project plans, which include an events parking plan (Sheet
L-10.1).
10. Pool and fitness use shall be restricted to members and guests only.
11. No amplified music, other than background or "mood music", shall be allowed in any outside area,
including the events lawn, events terrace and pool terrace.
12. All equipment repair and maintenance shall take place entirely within the confines of the maintenance
equipment storage building at all times.
13. The outdoor storage area of the maintenance equipment storage building shall be screened from public
view along Biscayne Drive at all times.
14. All outdoor washing of maintenance equipment adjacent to the maintenance equipment storage building
shall drain to an approved oil separator or trap prior to discharging into the City's sanitary sewer system
and not the storm water sewer system, in accordance with the Plumbing Code and SWPPP. The
applicant shall provide civil drawings showing drainage improvement details to the Public Works
Department, Storm Water Pollution Manager, for review and approval prior to issuance of any building
permit.
15. The restaurant facilities, including outdoor dining, on site are ancillary to the golf course facilities use
and are not "stand-alone" restaurant uses. Any conversion to "stand-alone" restaurant uses shall be
prohibited without an amendment to this use permit and further analysis of additional traffic impacts
and possible mitigation fees.
16. All alcohol beverages sold or dispensed shall only be consumed in the clubhouse or day spa, on the
clubhouse's events terrace/events lawn, or on the golf course. No alcohol beverages shall be consumed
in the parking lot areas.
17. The golf course facility shall operate at all times within acceptable noise standards as identified by the
San Rafael General Plan 2020 and the Zoning Ordinance, and as approved by these conditions of
approval.
18. Golf tournaments are limited to 200 participants. Any PGA (Professional Golf Association) -sanctioned
tournament shall require a temporary Use Permit to review potential additional traffic and parking
impacts.
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19. The landing of helicopters on the golf course site is prohibited, unless in the case of emergency.
20. To minimize evening light and glare, parking lot lighting shall be shut off one-half hour following the
termination of any evening event or activity in the Clubhouse but no later than midnight (12:00 a.m.).
21. Prior to the completion and operation of the day spa building and outdoor swimming pool, the property
owner shall initiate and form a committee to provide oversight of all construction activities, use,
operation, and condition compliance. The oversight committee shall be comprised of representatives
from the Peacock Gap Golf & Country Club (PGG&CC) and the adjacent residences, and it is
recommended that it not exceed 4-6 committee members. Proof of formation of this committee shall be
submitted to the City in the form of a letter signed by one representative of the PGG&CC and one
person representing the neighboring residents. The purpose of the oversight committee is to ensure that
conditions and requirements of the Master Use Permit are met and to provide a forum to discuss
complaints and remedies. At any time, the committee (and individual committee members) may report
to the City on continued problems or potential non-compliance of permit conditions, which may be
cause for the City to initiate a hearing on the Master Use Permit.
22. Noises analyzed by the revised noise study in the Mitigated Negative Declaration (e.g., use of the
swimming pool, pool deck terrace and the basement area of the spa building for overflow parking of
electric golf carts), are exempt from the provisions and regulations of the City's Noise Ordinance per
S.R.M.C. Section 8.13.070 (F). The revised noise study recommends and the conditions of approval of
the Master Use Permit incorporate mitigation measures to reduce the noise impacts anticipated to be
generated by the project to less -than -significant levels. Such qualifying noises include, but are not
limited to, voices, splashing, "reverse beeping" of golf carts, etc. All other noises associated with the
operation of the golf course and the country club is subject to the provisions and regulations of the
City's Noise Ordinance (S.R.M.C. Chapter 8.13).
23. An annual water quality study for the lagoon, which is located at the center of the golf course property,
shall be prepared by a qualified water quality engineer and submitted to the City. This water quality
study shall evaluate the chemical fertilizer / herbicide levels and recommend mitigation measures to
improve the water quality and to reduce seasonal algae blooms. The property owner shall submit an
updated Lagoon Water Quality Management Plan (LWQMP) for the Peacock Gap Lagoon for review
and approval by the City prior to final inspection sign -off of any building permit issued on the project.
This updated LWQMP shall be conducted by a licensed /certified biologist and shall "build upon" the
2000 Lagoon Water Quality Management Plan, prepared by Strategic Environmental Consulting, Inc.
(Strategic Environmental, dated 6/21/2000), and the 2002 Water Quality Assessment update, also
prepared by Strategic Environmental. New water sampling should be included into existing lagoon
water quality data by Strategic Environmental to provide the most up-to-date information available.
These water samples shall be taken during the non -winter storm period (April/May through
October/November), when the lagoon is not flush with fresh water runoff that may provide storm
sampling of limited use to the City's goal of improving the lagoon water quality throughout the year. It
is the City's intent that the updated LWQMP shall provide an "action plan" to reduce or eliminate the
seasonal "algae blooms" which have periodically impacted the Peacock Gap lagoon. The updated
LWQMP shall identify water quality problems and create both standard Best Management Practices
(BMPs) and a dynamic management plan which may be modified to provide immediate and long-term
solutions to improve lagoon water quality. This updated LWQMP shall identify both qualitative and
quantitative goals and program -based solutions to improve water quality. The updated LWQMP shall
in no way make recommendations that may be inconsistent with the primary design function of the
Peacock Gap lagoon (and the golf course itself for that matter): providiniz and maintaining a storm water
manap-ement facility essential to public safetv and the protection of the properties within the lower
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reaches of the Peacock Gap watershed. Please note, the updated LWQMP may require additional review
and approval by the San Francisco Bay Regional Water Quality Control Board (SFBRWQCB) should it
propose treatment that is algaecide or herbicide -based, depending on the algaecide(s) or herbicide(s) and
when and how often algaecide or herbicide treatment would occur. Additionally, application of
algaecide(s) or herbicide(s) to the Peacock Gap lagoon may require prior approval of the California
Department of Fish and Game (CDFG) and/or the Marin / Sonoma Mosquito & Vector Control District.
24. Minor modifications or revisions to the project shall be subject to review and approval of the
Community Development Department, Planning Division. Modifications deemed not minor by the
Community Development Director shall require review and approval by the original decision making
body, the Planning Commission.
25. This Use Permit (UP07-046) shall become valid on the date of approval, or on October 6, 2008 @ 5:00
p.m. and shall remain in effect and run with the land without an expiration, unless and until amended by
separate permit application and approval. This Use Permit may be brought up for review by the City of
San Rafael at any time should the use become detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity of the subject site, or to the general
welfare of the City.
Environmental and Design Review Permit
Conditions of Approval (ED07-080)
Marin Municipal Water District (MMWD)
1. At the time of building permit issuance on the day spa building, the property owner is required to
enter into a pipeline extension agreement with MMWD for the installation of facilities and said
agreement must be approved by MMWD's Board of Directors. In the alternative, the property
owner may apply for a variance to MMWD's Board of Directors for their review and action. All
costs associated with the pipeline extension are borne by the property owner. The property owner
shall submit a copy of the executed pipeline extension agreement or the approved variance to the
City.
2. The property owner shall satisfy the following MMWD conditions of acceptance of the pipeline
extension agreement, or approval of the variance, and submit confirmation to the City:
a. Complete High Pressure Water Service Application.
b. Pay appropriate fees and charges.
c. Comply with MMWD's rules and regulations in effect at the time service is requested,
including the installation of one meter per new structure.
d. All landscape and irrigation plans must be designed in accordance with the most current
MMWD landscape requirements (currently from Ordinance #385). Prior to providing water
service for new landscape areas, or improved or modified landscape areas, MMWD must
review and approve the project's working drawings for planting and irrigation systems.
Any questions regarding MMWD's current conservation and landscape ordinance should
be directed to Charlene Burgi at (415) 945-1525.
e. The project is within a designated future recycled water area. It is necessary to design
irrigation systems in compliance with MMWD's Recycled Water Requirements.
f. Comply with the backflow prevention requirements, if upon MMWD's review backflow
protection is warranted, including installation, testing and maintenance. Any questions
regarding backflow requirements should be directed to the Backflow Program Coordinator
at (415) 945-1531.
E
Community Development Department. Building and Fire Prevention Division
3. A building permit is required for the proposed work. Applications shall be accompanied by three
(3) complete sets of construction drawings to include:
a. Architectural plans
b. Structural plans
c. Electrical plans
d. Plumbing plans
e. Mechanical plans
f. Fire sprinkler plans
g. Site/civil plans
h. Structural Calculations
i. Truss Calculations
j. Soils reports
k. Title -24 energy documentation
4. The occupancy classification, construction type and square footage of each building shall be
specified on the plans in addition to justification calculations for the allowable area of each
building.
5. Fire sprinklers will be required throughout the existing and new buildings. A separate, deferred
application by a C-16 contractor is allowed.
6. The on-site fire hydrant shall be upgraded to comply with California Fire Code (CFC) fire flow
requirements.
7. Any demolition work will require a permit. Submittal for a demolition permit shall include three (3)
copies of the project site plan, asbestos certification and PG&E disconnect notices. Also,
application must be made to the Bay Area Air Quality Management District (BAAMQD) prior to
obtaining the permit and beginning work.
8. School fees will be required for the project. School fees for commercial space are currently
computed at $0.33 per square foot of new building area. Calculations are done by the San Rafael
City Schools, and those fees shall be paid directly to them prior to issuance of the building permit.
The property owner shall submit to the City evidence of payment of school fees prior to issuance of
building pen -nits. If separate building permits are issued for the day spa and driving range service
buildings, the property owner shall submit confirmation of school fee payment to the City for each
individual structure's building permit.
9. A portion of the project area appears to be located in a FEMA 100 -year flood hazard zone. All new
construction located within the 100 -year flood hazard zone is to be designed to ensure that the
potential for flooding is minimized. This may involve grading to elevate the building pad or rising
of building's finish floor elevation to a level above the highest flood level. Prior to submittal of
plans to the Building Division for plan review, the applicant shall determine where the actual flood
fringe boundary lines occur on the property. The lines shall be incorporated onto a
site/topographical plan, which shall be included as part of the required plan information noted
above.
10. A grading permit shall be required for each phase of the project.
11. Prior to building permit issuance for the construction of each building, geotechnical and civil pad
certifications are to be submitted.
1r,
12. All site signage require the submittal and issuance of a separate building permit (excluding address
numbering).
13. Monument sign(s) located at the driveway entrance(s) shall have address numbers posted
prominently on the monument sign.
14. At building permit submittal, provide an adequate site plan showing all buildings, distance to
property lines, streets, and neighboring buildings on adjacent parcels.
15. In the understory parking areas, where motorized golf carts are stored, floor surfaces shall be of
noncombustible, nonabsorbent materials. Floors shall drain to an approved oil separator or trap
discharging to sewers in accordance with the Plumbing Code and SWPPP.
16. In the understory parking areas where motorized golf carts are stored, mechanical ventilation will be
required capable of exhausting a minimum of 1.5 cubic feet per minute per square foot of gross
floor area. Automatic carbon monoxide -sensing devices may be employed to modulate the
ventilation system. Connecting offices, waiting rooms, restrooms, and retail areas shall be supplied
with conditioned air under positive pressure.
17. The site development of such items as common sidewalks, parking areas, stairs, ramps, common
facilities, etc. are subject to compliance with the accessibility standards contained in Title -24,
California Code of Regulations. The civil, grading and landscape plans shall address these
requirements to the extent possible.
18. 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.
19. All areas within the site must be accessible for persons with disabilities. All newly constructed
buildings on a site shall have, but are not limited to, the following accessible features:
a. Path of travel from public transportation point of arrival
b. Routes of travel between buildings
c. Accessible parking
d. Ramps
e. Primary entrances.
f. Sanitary facilities (restrooms).
g. Drinking fountains & Public telephones (when provided).
h. Accessible features per specific occupancy requirements.
i. Accessible special features, i.e., ATM's point of sale machines, etc.
20. 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.
21. Minimum elevator car size (interior dimension) shall accommodate a stretcher, 80" wide and 54"
deep with a 42" wide door opening.
22. Commercial kitchens shall be reviewed and approved by the Marin County Health Department prior
to submittal for building permit plan review.
a
23. Public accommodation disabled parking spaces must be provided according the following table and
must be uniformly distributed throughout the site.
Total Number of Parking Minimum Required Number
Spaces of IVC Spaces
Provided
1 to 25
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
Two percent of total
1,001 and over
Twenty, plus one for each 100
or fraction thereof over 1,001
24. At least one disabled parking space must be van accessible; 9 feet wide parking space and 8 feet
wide off- load area. Additionally, one in every eight required handicap spaces must be van
accessible.
25. Minimum shower size in the fully accessible room is either 60" wide by 30" deep or 42" wide by
48" deep.
26. Fire lanes must be designated; painted and signed.
27. Provide an approved Fire Department Equipment turn -around at the top of the driveway. Contact
Fire Prevention Bureau for specific details.
28. This property is located in an Urban-Wildland Interface (UWI) 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.
29. The project shall comply with the regulations for non-residential projects set forth in the City of San
Rafael Green Building Program (Section 14.16.275 of the San Rafael Municipal Code). Non-
residential projects shall achieve LEED "Certified" rating.
30. Prior to issuance of the building permit, the applicant shall have a certified LEED Accredited
Professional complete and sign a Green Building Compliance Form and a LEED for New
Construction rating table. This form shall be completed and submitted to the Community
Development Department - Building and Fire Prevention Division along with the building permit
application materials. Submitted building permit plans shall identify in the general notes and/or
individual detail drawings the proposed green building measures.
PF.
31. Prior to final inspection of the project, the owner/applicant shall have a certified LEED Accredited
Professional complete and sign a Green Building Compliance Form (the as -built conformance
section) and the applicable LEED for new construction rating form. This form shall be completed
and submitted to the Community Development Department - Building and Fire Prevention Division
prior to final inspection.
32. To mitigate interior noise from clubhouse use, all existing doors and windows shall be upgraded
with thermal insulating doors and windows. (Mitigation Measure Noise -4).
33. To mitigate construction noise:
a. Noise -generating activities at the construction site or in areas adjacent to the construction
site associated with the project in any way should be restricted to the hours of 7 a.m. to 6
p.m., Monday through Friday, and 9 a.m. to 6 p.m. on Saturdays. No construction
activities shall occur on Sundays or holidays. Post signs stating allowable hours of
construction per the City's noise ordinance.
b. The day spa building and outdoor swimming pool/deck terrace shall be designed with a
pier rather than pile foundation. Pile -driven foundations are not permitted. The driving
range service building shall be designed with a pier type or footing -type foundation rather
than a pile foundation.
c. Equip all internal combustion engine driven equipment with intake and exhaust mufflers
that are in good condition and appropriate for the equipment.
d. Locate stationary noise generating equipment as far as possible from sensitive receptors
when sensitive receptors adjoin or are near a construction project area.
e. Utilize "quiet" air compressors and other stationary noise sources where technology
exists.
f. The contractor shall prepare a detailed construction plan identifying the schedule for
major noise -generating construction activities and distribute it to all adjacent neighbors.
g. Designate a "disturbance coordinator" who would be responsible for responding to any
local complaints about construction noise. The disturbance coordinator will determine the
cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and will require that
reasonable measures warranted to correct the problem be implemented. Conspicuously post
a telephone contact number for the disturbance coordinator at the construction site and
include it in the notice sent to neighbors regarding the construction schedule.
The property owner shall monitor the construction noise for conformance with the above
limitations. If self-monitoring indicates non -conformity, the property owner shall take immediate
action to correct, which may include better management of contractors and subcontractors on-site.
Repeat violations documented by the San Rafael Police Department shall subject the project
sponsor to a revocation hearing of the use permit. (Mitigation Measure Noise -5).
Public Works Department, Land Development Engineer
34. Applicant shall repair/repave any sections of Point San Pedro Road (from Heritage Drive to
Biscayne Drive) and Biscayne Drive (from Point San Pedro Road to Partridge Drive) damaged
during demolition, grading, or construction on the site, prior to issuance of certificate of occupancy.
The limits of repaving will be determined by the Department of Public Works during the end of
construction, pending the extent of damages to the street and the success of pavement repair
patching.
35. A civil engineering plan for the frontage improvements shall be reviewed and approved by the
Department of Public Works, prior to issuance of the building permit.
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36. No mass grading is to be done from October 15th through April 15th without the approval of the
City Engineer.
37. A detailed erosion control plan shall be included with the grading or building permit applications.
38. The property owner shall monitor water quality in drainage ditches during construction to ensure
soil and silt debris is contained within the project area at all times.
39. A Storm Water Pollution Prevention Plan (SWPPP) is required and must be approved by the Storm
Water Pollution Manager. SWPPP shall include:
a. Hydrology and hydraulics analysis, based on 10 -year and 100 -year stone frequency for pre
and post construction to verify that no increase in drainage is generated from the proposed
development. Provide engineering calculation and solutions to mitigate the increase runoff.
City recommends usage of pavers, bio-swale and landscaping as mitigation measures.
b. Mitigations measures to show where runoff is being treated.
c. All roof downspouts shall be directed to landscaping area for treatment.
d. Pool water must be plumbed to sanitary sewer and not discharged into storm drainage
system.
e. Overflow from swimming pool must be plumbed to sanitary sewer.
f. Storm water runoff from development must be treated before discharge into the storm
drain.
g. Cover, berm and plumb refuse area to the sanitary sewer.
h. Pavement pavers that will filter surface water and runoff.
i. Prior to issuance of building permit, applicant shall enter into a maintenance agreement
with City to maintain storm water controls and yearly report.
j. A Best Management Practice plan shall be included in the building plans.
k. SWPPP shall be submitted for review and approval prior to issuance of grading or building
pen -nits.
San Rafael Sanitation District (SRSD)
40. The SRSD requires a set of civil drawings showing all existing and proposed sewer lines connecting
each of the structures to the sewer main. These drawings will also need to show all plumbing fixture
units for both the existing structures and the proposed new structures.
41. Applicant shall pay any required sewer connection fees prior to the issuance of a building permit.
Public Works Department, Citv's Traffic Engineer
42. The project will require PSP review and approval based on the 31 additional peak hour trips
identified in the Traffic Study, dated February 11, 2008. PSP approval is required prior to issuance
of building permits for the day spa building.
43. The project will be required to pay a Traffic Mitigation Fee of $131,626 based on the 31 additional
peak hour trips identified in the Traffic Study, dated February 11, 2008. This fee shall be paid prior
to the issuance of a building permit for the day spa building.
Community Development Depal'bnent, Planning Division
44. The project shall construct approximately 13,414 sq. ft. of new non-residential development
intended for "personal services uses". The City's affordable housing requirement calculates these
types of uses at .0225 for every 1,000 of new gross floor area. Based on this calculation, the project
will have an affordable housing requirement of .30 (.0225 x 13.4, based on approximately 13,414
20
sq. ft. of new non-residential development). Since this decimal fraction is not greater than .50, the
applicant will have the option of constructing one dwelling unit for affordable income household
levels or pay an Affordable Housing In -Lieu Fee, which reflects the median sale price of housing
units and the building construction cost index — both adjusted yearly. (For 2008, the Affordable
Housing In -Lieu Fee is $250,400 per affordable unit. If the building permits were issued within the
2008 calendar year, the project will be required to pay approximately $75,120 of the Affordable
Housing In -Lieu Fee -- .0225 x 13.4 =.30 x $250,400).
45. Prior to the issuance of any building permit, the project sponsor shall pay a traffic mitigation fee of
$131,626.00 to the City of San Rafael pursuant to the City's adopted Traffic Mitigation Fee
Schedule (Mitigation Measure Traffic -2).
46. The City has determined that the proposed day spa building portion of the project requires Project
Selection Process (PSP) review and approval by the City Council. Tile property owner may obtain
demolition, grading, and building permits for the renovation of the club house and construction of
the driving range service building without securing PSP review and approval for the new day spa
building. However, no grading or building permit shall be issued for the new day spa building until
PSP approval has been secured.
47. The building techniques, colors, materials, elevations and appearance of the project, as presented for
approval on plans prepared by McGinnis Chet Associates, Inc, Donald L. Blayney & Associates,
Forrest Richardson & Associates, revision dated March 17, 2008, and on file with the Community
Development Department, Planning Division, shall be the same as required for issuance of all
building permits, subject to these conditions. Minor modifications or revisions to the project shall
be subject to review and approval of the Community Development Department, Planning Division.
Modifications deemed not minor by the Community Development Director shall require review and
approval by the original decision making body, the Planning Commission, and may require review
and recommendation by the City's Design Review Board.
48. Approved colors are as shown on the approved color and material board that is on file with the
Community Development Department, Planning Division, except as modified by the follow-up
review by the DRB. Generally, the approved color palette for the clubhouse, day spa, and driving
range service buildings consists of high-quality clear -seal finish Western Red Cedar horizontal lap
siding with "Spruce Woods" green primary trim, "limestone" green and "Wilderness" green
secondary trims, high-quality dark fiberglass asphalt roof shingles, bronze anodized aluminum
window frames, and "Cliffstone" drystack manufactured stone veneer columns and pilasters.
Generally, the approved color palette for the frontage fencing consists of "Danali Green" powder
coated square tubing aluminum fencing and stucco wall, "Cliffstone" drystack manufactured stone
veneer columns, brushed stainless-steel pan -channel sign lettering, and high-quality, clear -sealed,
Western Red Cedar lap siding for vehicle gate to maintenance equipment storage building. Any
future modification to colors shall be subject to review and approval of the Planning Division and
major modifications shall be referred to the DRB.
49. The exterior colors of the existing maintenance equipment storage building shall match those of the
renovated clubhouse and new day spa and driving range service buildings.
50. All mechanical equipment (i.e., air conditioning units, meters and transformers, rooftop vents) and
appurtenances not entirely enclosed within the structure shall be completely screened from public
view at all times. The method used to accomplish the screening shall be indicated on the building
plans and approved by the Planning Division prior to issuance of a building permit.
21
51. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris.
Any dying or dead landscaping shall be replaced in a timely fashion.
52. All site improvements, including but not limited to, the site and parking lot lighting, fencing,
landscape islands, signage, and parking lot striping shall be maintained in good, undamaged
condition at all times. Any damaged improvements shall be replaced in a timely manner.
53. The site shall be kept free of litter and garbage. Any trash, junk or damaged materials that are
accumulated on the site shall be removed and disposed of in a timely manner. The applicant shall
institute a program to provide regular cleanup of the parking lot, golf course, as well as all other
areas immediately around the structures.
54. All landscaping and irrigation shall be installed prior to the occupancy of the clubhouse or the
property owner shall post a bond in the amount of the estimated landscaping/ irrigation cost with the
City of San Rafael. In the event that a bond is posted, all areas proposed for landscaping must be
covered with bark or a substitute material approved by the Planning Division prior to occupancy.
Deferred landscaping through a bond shall not exceed 3 months past occupancy of the clubhouse.
55. The project's landscape architect shall certify in writing and submit to the Planning Division, and
call for inspection, that the landscaping has been installed in accordance with all aspects of the
approved landscape plans, that the irrigation has been installed and has been tested for timing and
function, and all plants including trees are healthy. Any dying or dead landscaping shall be
replaced.
56. To mitigate the potential impacts of evening light and glare all new exterior site and building
lighting shall meet the following standards:
a. Exterior lighting shall be designed to meet minirnurn San Rafael Police Department standards
of one foot candle at ground overlap for all building entrances and parking areas and one-half
foot candle at ground overlap for walkways Type of lighting and placement of lighting shall
be to the satisfaction of the San Rafael Police Department.
b. Fixtures and pole standards shall be vandal -resistance.
c. All lighting standards shall be shielded down to direct illumination downward and to limit
casting light and glare on adjacent properties.
d. All parking lot lighting shall include a master photoelectric cell, which is set to operate
during hours of darkness. A minimum of one foot-candle at ground -level overlap shall be
provided in all exterior doorways and parking areas, and one-half foot-candle at ground level
overlap shall be provided along all outdoor pedestrian walkways.
e. At building occupancy, all exterior lighting shall be subject to a 30 -day review period to
allow the City of San Rafael to require adjustments in the direction or intensity of the
lighting, if necessary (Mitigation Measure Aesthetics -1).
57. To mitigate potential air quality impacts associated with construction and grading, prior to the
issuance of a grading permit or a demolition permit, whichever occurs first, a Dust Control Plan
shall be prepared and submitted to the City of San Rafael, Community Development Department,
for review and approval. The Dust Control Plan shall include the following measures:
a. Watering active grading zones a minimum of two times per day.
b. Replacing groundcover in disturbed areas as quickly as possible following grading.
c. Enclosing, covering and watering down stockpiles of exposed soil material.
d. Covering all trucks hauling dirt or construction debris.
e. Sweeping up dirt and debris several times per day during all phases of construction.
f. Maintaining and operating equipment so as to minimize particulates from exhaust emissions.
22
The Dust Control Plan shall be implemented during all phases of grading and site construction
periods when potential dust emissions are likely to occur (Mitigation Measure Air Quality -1).
58. The project will result in the removal of seven native oak trees. To mitigate this loss, a final
landscape plan shall be submitted for review and approval by the City of San Rafael Community
Development Department prior to issuance of a building permit and shall include the following:
a. All species of oak trees proposed to be removed by the project shall be replaced in kind at a
3:1 replanting ratio.
b. All replacement oak trees shall be located adjacent to the south elevation of the pool terrace.
c. All replacement oak trees shall be 24" -box size or larger.
d. All replacement trees shall be adequately support staked.
e. The plan shall include a note requiring that all landscaping shall be drip irrigated and
maintained in a healthy condition at all times, with replacement in place and in kind due to loss
(Mitigation Measure Biological Resources -1).
59. The project has the potential to impact archaeological resources. If, during grading or construction
activities, the existing foundation of the clubhouse is removed or the clubhouse is demolished and
grading occurs where the clubhouse is currently sited, additional archeological evaluation shall be
required (Mitigation Measure Cultural Resources -1).
60. A qualified archaeologist (i.e., an archaeologist registered with the Society of Professional
Archaeologists) shall be on-site at all times during the grading phase. If any archaeological artifacts
or human remains are encountered, the procedures identified below in Cultural Resource -3 shall be
implemented immediately (Mitigation Measure Cultural Resources -2).
61. If, during grading or construction activities, any archaeological artifacts or human remains are
encountered, the following measures shall be implemented:
a. Construction shall cease immediately within 150 feet of the find until it can be evaluated by a
qualified archaeologist (i.e., an archaeologist registered with the Society of Professional
Archaeologists) and Planning staff. Planning staff and the qualified archaeologist shall
immediately visit the site to determine the extent of the resources and to develop proper
mitigation measures required for the discovery. If human remains are unearthed, the Marin
County Medical Examiner's office also shall be notified to provide proper direction on how to
proceed. If any Native American resources are encountered during construction, construction
shall cease immediately until a Native American descendant, appointed by the Native American
Heritage Commission of the State of California, is able to evaluate the site, make further
recommendations, and be involved in mitigation planning.
Any artifacts or samples collected as part of the initial discovery or monitoring must be properly
conserved, catalogued, analyzed, evaluated, and curated in a manner consistent with current
professional archaeological standards (Mitigation Measure Cultural Resources -3).
62. The project has the potential to be impacted by ground shaking and liquefaction. At a minimum, the
improvements and structures shall be designed in accordance with the 2007 California Building
Code (CBC). Design compliance with CBC standards will need to be addressed in the subsequent
construction drawings, prior to the issuance of grading and/or building permits. Due to the potential
impacts of seismic shaking and the presence of liquefiable soils as identified by the geotechnical
investigation, the day spa building and outdoor swimming pool/deck terrace shall be designed with
pier foundations. The driving range service building shall be designed with either a pier or footing -
type foundation (Mitigation Measure Geology -1).
W,
63. The project shall follow all noticing, permitting and licensing requirements by Fed -OSI IA and Cal -
OSHA necessary for any abatement of hazardous materials such as asbestos. These include:
a. Providing written notification to the Bay Area Air Quality Management District (BAAQMD)
on their form, at least 10 days prior to the beginning of any work on friable or non -friable
ACM.
b. Providing written notification to Cal-OSIIA, on their form, at least 24 -hours prior to
beginning any work on ACM or LBP.
c. Prior to abatement of ACM, all employees, contractors, or other parties who may be affected
by the abatement must be advised in writing of activities pursuant to Cal-OSIIA
requirements.
d. The abatement contractor must obtain all building and special permits required for ACM
removal work, including permits required by the California Fire Code, prior to demolition.
e. The abatement contractor must maintain current licenses as required by applicable state or local
jurisdictions for the removal, transporting, disposal, or other regulated activity (Mitigation
Measure Hazards -1).
64. The project has the potential to increase surface water runoff. Prior to the issuance of a grading or
building permit, a final drainage plan, by a licensed civil engineer, shall be submitted for review and
approval by the City's Land Development Engineer, which shall include the following:
a. A site plan of the project area with existing and proposed grade contours.
b. Details on the bio -retention facility, such as location, capacity calculations, storm water drain
inlet and outfall, cross-sections, and proposed landscaping (Mitigation Measure Hydrology -
1).
65. The project would result in potential water quality impacts associated with site grading and
construction. Prior to the issuance of a grading or demolition pen -nit, whichever occurs first, an
Erosion Control Plan shall be prepared and submitted to the Community Development Department,
Planning Division, for review and approval by the City's Land Development Engineer. The Erosion
Control Plan shall incorporate BMPs to prevent the discharge of construction wastes and
contaminants from construction materials, tools and equipment, or any other pollutants, from
entering the storm drain system. All measures specified in the Erosion Control Plan shall be
installed by the project's general contractor prior to the issuance of a grading or demolition permit
and maintained during the construction of the project (Mitigation Measure Hydrology -2).
66. Prior to issuance of a building permit, the applicant is to comply with conditions of the Marin
Municipal Water District for the landscaping improvements.
67. The property owner shall submit a Construction Management Plan (CMP) for review and approval
by the Planning Division prior to issuance of any grading or building permits for the project. The
CMP shall include a projected schedule of work, projected daily construction truck trips, proposed
construction truck route, proposed location of material staging areas, proposed location of
construction worker parking, proposed dust control program, a statement that the project shall
conform to the City's Noise Ordinance (Chapter 8.13 of the San Rafael Municipal Code) at all
times, a statement that no construction truck traffic shall encroach into any of the surrounding
residential neighborhood streets at any time, and a statement that the existing roadway conditions on
Biscayne Drive shall be memorialized on digital recording format prior to the start of construction
and that the property owners shall be required to repair any roadway damage created by the
additional construction truck traffic. In the event that the CMP is conflicting with any conditions
imposed by the grading pennit, the more restrictive language or conditions shall prevail.
24
68. Construction hours of operation shall be from 7:00 a.m. to 5:00 p.m. on weekdays only. No
weekend construction is permitted.
69. All "off -haul" of excavation shall occur during off-peak traffic trip hours . between 9:00 a.m. and
4:00 p.m.
70. This Environmental and Design Review Permit (ED07-080) shall require final inspection sign -off
by the Community Development Department, Planning Division, for any building permit issued on
the project. The applicant shall contact the Planning Division to request a final inspection upon
completion of the project. The final inspection shall require a minimum of 48-hour advance notice.
71. Plans submitted for the building permits shall include a plan sheet, which incorporates these
conditions of approval.
72. Applicant agrees to defend, indemnify, release and hold harmless the City, its agents, officers,
attorneys, employees, boards and commissions from any claim, action or proceeding brought
against any of the foregoing individuals or entities ("indemnities"), the purpose of which is to
attack, set aside, void or annul the approval of this application or the adoption of any environmental
document which accompanies it. This indemnification shall include, but not be limited to, damages,
costs, expenses, attorney fees or expert witness fees that may be asserted or incurred by any person
or entity, including the applicant, third parties and the indemnities, arising out of or in connection
with the approval of this application, whether or not there is concurrent, passive or active
negligence on the part of the indemnities.
73. In the event that any claim, action or proceeding as described above is brought, the City shall
promptly notify the applicant of any such claim, action or proceeding, and the City will cooperate
fully in the defense of such claim, action, or proceeding. In the event the applicant is required to
defend the City in connection with any said claim, action or proceeding, the City shall retain the
right to: 1) approve the counsel to defend the City; 2) approve all significant decisions concerning
the manner in which the defense is conducted; and 3) approve any and all settlements, which
approval shall not be unreasonably withheld. Nothing herein shall prohibit the City from
participating in the defense of any claim, action or proceeding, provided that if the City chooses to
have counsel of its own to defend any claim, action or proceeding where applicant already has
retained counsel to defend the City in such matters, the fees and the expenses of the counsel
selected by the City shall be paid by the City.
74. As a condition of this application, applicant agrees to be responsible for the payment of all City
Attorney expenses and costs, both for City staff attorneys and outside attorney consultants retained
by the City, associated with the reviewing, process and implementing of the land use approval and
related conditions of such approval. City Attorney expenses shall be based on the rates established
from time to time by the City Finance Director to cover staff attorney salaries, benefits, and
overhead, plus the actual fees and expenses of any attorney consultants retained by the City.
Applicant shall reimburse City for City Attorney expenses and costs within 30 days following
billing of same by the City.
75. This Environmental and Design Review Permit (ED07-080) shall be valid for all portions of the
project with the exception of the day spa building and outdoor swimming pool for a period of two
years from the date of approval, or until October 6, 2010, and shall become null and void if the
appropriate building permits are not issued or an extension granted within two years. This
Environmental and Design Review Permit (ED07-080) shall be valid for the day spa building and
outdoor swimming pool for a period of three years from the date of approval, or until October 6,
25
2011, shall become null and void if the appropriate grading permit and building permits are not
issued or an extension granted within three years.
1, 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 6°i day of October, 2008, by the following vote, to wit:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
Brockbank, Connolly, Heller, Miller & Mayor Boro
None
None
ESTHER C. BEIRNE, City Clerk
ATTACHMENT A: Mitigation Monitoring and Reporting Program
26
V. CULTURAL RESOURCES
Cultural Resources -1. The project has the potential
to impact archaeological resources. If, during
grading or construction activities, the existing
foundation of the clubhouse is removed or the
clubhouse is demolished and grading occurs where
the clubhouse is currently sited, additional
archeological evaluation shall be required.
Cultural Resources -2. A qualified archaeologist
(i.e., an archaeologist registered with the Society of
Professional Archaeologists) shall be on-site at all
times during the grading phase. If any
archaeological artifacts or human remains are
encountered, the procedures identified below in
Cultural Resource -3 shall be implemented
immediately.
ATTACHMENT A
Require as a condition Planning Division
of design review
permit approval
Building Division
Project sponsor
obtains approval from
Planning Division
prior to issuance of
grading, demolition, or
building permit
Require as a condition Planning Division
of design review
permit approval
Project sponsor shall
hire a qualified
archaeologist for on-
site monitoring during
grading and submit a
signed service
contract to Planning
Division prior to
issuance of grading
permit
Building Division
Cultural Resources -3. If, during grading or Require as a condition Planning Division
construction activities, any archaeological artifacts of design review
or human remains are encountered, the following permit approval
measures shall be implemented:
Construction shall cease immediately within
150 feet of the find until it can be evaluated
by a qualified archaeologist (i.e., an
archaeologist registered with the Society of
Professional Archaeologists) and Planning
staff. Planning staff and the qualified
Project sponsor Project sponsor
obtains approval from
Planning Division
prior to issuance of
grading or demolition
permit
Attachment A-4
Incorporate as
condition of design
review permit approval
Building Division
verifies appropriate
approvals obtained
prior to issuance of
grading, demolition, or
building permit
Incorporate as
condition of design
review permit approval
Building Division
verifies appropriate
approvals obtained
prior to issuance of
grading permit
Incorporate as
condition of design
review permit approval
Project sponsor
immediately contacts
qualified archaeologist,
Planning staff, County
Medical Examiner, and
Native American
Heritage Commission
in the event of
Deny project
Deny issuance of grading,
demolition or building
permit
Deny project
Deny issuance of grading
permit
Deny project
Stop Work Order issued
archaeologist shall immediately visit the site
to determine the extent of the resources and
to develop proper mitigation measures
required for the discovery. If human remains
are unearthed, the Marin County Medical
Examiner's office also shall be notified to
provide proper direction on how to proceed.
If any Native American resources are
encountered during construction,
construction shall cease immediately until a
Native American descendant, appointed by
the Native American Heritage Commission
of the State of California, is able to evaluate
the site, make further recommendations, and
be involved in mitigation planning.
Any artifacts or samples collected as part of
the initial discovery or monitoring must be
properly conserved, catalogued, analyzed,
evaluated, and curated in a manner
consistent with current professional
archaeological standards.
VI. GEOLOGY AND SOILS
Geology; -1. The project has the potential to be
impacted by ground shaking and liquefaction. At a
minimum, the improvements and structures shall be
designed in accordance with the 2007 California
Building Code (CBC). Design compliance with
CBC standards will need to be addressed in the
subsequent construction drawings, prior to the
issuance of grading and/or building permits. Due to
the potential impacts of seismic shaking and the
presence of liquefiable soils as identified by the
geoteclulical investigation, the day spa building and
ATTACHMENT A
Require as a condition
of design review
permit approval
Project sponsor
obtains approval from
Planning Division
prior to issuance of
grading or building
permit
Planning Division
Building Division
Attachment A-5
encountering human
remains
Incorporate as condition
of design review permit
approval
Building Division
verifies appropriate
approvals obtained prior
to issuance of grading or
building permit
Deny project
Deny issuance of grading
or building permit
outdoor swimming pool, deck terrace shall be
designed with pier foundations. The driving range
service building shall be designed with either a pier
or footing -type foundation.
VII. HAZARDS AND HAZARDOUS
t
MATERIALS
Hazards -1. The project shall follow all noticing,
permitting and licensing requirements by Fed -
OSHA and Cal -OSHA necessary for any abatement
of hazardous materials such as asbestos. These
include:
• Providing written notification to the Bay
Area Air Quality Management District
(BAAQMD) on their fonn, at least 10 days
prior to the beginning of any work on friable
or non -friable ACM.
• Providing written notification to Cal -OSHA,
on their fonn, at least 24 -hours prior to
beginning any work on ACM or LBP.
• Prior to abatement of ACM, all employees,
contractors, or other parties who may be
affected by the abatement must be advised
in writing of activities pursuant to Cal -
OSHA requirements.
• The abatement contractor must obtain all
building and special pen -nits required for
ACM removal work, including permits
required by the California Fire Code.
• The abatement contractor must maintain
current licenses as required by applicable
state or local jurisdictions for the removal,
transporting, disposal, or other regulated
ATTACHMENT A
Require as a condition
of design review
permit approval
Project sponsor shall
hire a qualified ACM
and LBP abatement
contractor and submit
a signed service
contract to Planning
Division prior to
issuance of grading or
demolition permit
Planning Division
Project Sponsor
Attachment A-6
Incorporate as condition
of design review permit
approval
Project sponsor obtains
building and special
permits for ACM
abatement prior to
demolition.
Deny project
Stop Work Order issued
ATTACHMENT A
activity.
VIII. HYDROLOGY AND WATER
QUALITY
Hvdrolot v-1. The project has the potential to
increase surface water runoff. Prior to the issuance
Require as a condition
Planning Division
Incorporate as condition
of design review
of design review permit
of a grading or building permit, a final drainage
permit approval
approval
plan, by a licensed civil engineer, shall be submitted
for review and approval by the City's Land
Project sponsor
Building Division
Building Division
Development Engineer, which shall include the
obtains approval from
verifies appropriate
following:
PlanningDivision
approvals obtained prior
0 A site plan of the project area with existing
prior to issuance of
to issuance of grading
and proposed grade contours.
grading or building
permit
• Details on the bioretention facility, such as
permit
location, capacity calculations, stormwater
drain inlet and outfall, cross-sections, and
proposed landscaping.
Hvdrolozv-2. The project would result in potential
Require as a condition
Planning Division
Incorporate as condition
water quality impacts associated with site grading
of design review
permit approval
of design review permit
approval
and construction. Prior to the issuance of a grading
or demolition permit, whichever occurs first, an
Project sponsor
Building Division
Building Division
Erosion Control Plan shall be prepared and
obtains approval from
verifies appropriate
approvals obtained prior
submitted to the Community Development
City's Land
Y
to issuance of grading or
Department, Planning Division, for review and
Development
demolition permit
approval by the City's Land Development Engineer.
Engineer prior to
The Erosion Control Plan shall incorporate BMPs to
issuance of grading or
prevent the discharge of construction wastes and
demolition permit
contaminants from construction materials, tools and
equipment, or any other pollutants, from entering the
storm drain system. All measures specified in the
Erosion Control Plan shall be installed by the
I project's general contractor prior the issuance of a
grading or demolition permit and maintained during
Attachment A-7
Deny project
Deny issuance of grading
permit
Deny project
Deny issuance of grading
or demolition permit
the construction of the project.
XI. NOISE
Noise -1. The project has the potential to result in an
increase in noise associated with pool events. To
mitigate PA system noise, the PA system or starter
signals used at swim meets shall not be plainly
audible and shall not exceed 60 dBA Lmax as
measured on any private residential property.
Noise -2. To mitigate noise from pool events, events
held on the pool deck shall be limited to birthday
parties of up to 50 guests and shall occur between
noon and 4 p.m. only. Amplified outdoor music
shall not be allowed.
Noise -3. To nutigate noise generated from the use of
the basement of the day spa building:
a. Restrict operation of golf cart storage area to
the hours of 8 a.m.- 6 p.m.
b. Create a circulation pattern so that golf carts
ATTACHMENT A
Require as condition Planning Division
of use permit approval
Project sponsor
monitors use of PA
system or starter
signals during swim
meets with on-site
sound level meter to
verify that sound level
shall not exceed
60dBA Lmax as
measured on any
private residential
property.
Require as a condition
of use permit approval
Project sponsor
monitors use of pool
terrace, limiting use to
birthday parties of up
to 50 guests and
occurring between
noon and 4 p.m. only.
Project Sponsor
Planning Division
Project Sponsor
Require as a condition Planning Division
of use permit
approval.
a. Project sponsor a. Project sponsor
monitors use of
Attachment A-8
Incorporate as condition
of use permit approval
Project sponsor
immediately reduces
volume or eliminates use
of PA system or starter
signal during swim
meets
Incorporate as condition
of use permit approval
Project sponsor
immediately relocates
pool events which are
not birthday parties up to
50 guests or exceed the
restricted hours of noon
to 4 p.m.
Incorporate as condition
of use permit approval
a. Project sponsor
immediately relocates
pool events, which are
Deny project
Repeat violations
documented by the San
Rafael Police Department
shall subject the project
sponsor to a revocation
hearing of the use permit
Deny project
Repeat violations
documented by the San
Rafael Police Department
shall subject the project
sponsor to a revocation
hearing of the use permit
Deny project
a. Repeat violations
documented by the San
for storage may be brought into and out of
the basement of the day spa building, which
minimize the use of reverse movements or
driving and thereby minimizing "backup
beeping".
c. When the mechanical and pool equipment
are designed, the design shall be analyzed
and necessary noise controls included into
the design so that noise levels will not
exceed the nighttime noise limit for constant
noise (40 dBA Leq) as measured at the
residential boundary or any residential
property as set forth in the San Rafael Noise
Ordinance.
ATTACHMENT A
basement area of day
spa building,
restricting the hours of
operation for golf cart
storage.
b. Project sponsor
submits circulation
plan for golf cart
storage in the
basement of the day
spa building to the
Planning Division for
review and approval
prior to issuance of
grading or building
permit for day spa
building.
c. Project sponsor
submits noise study on
design of pool
equipment and
mechanical equipment
in basement of day spa
building for review
and approval Planning
Division prior to
issuance of grading or
building permit for
day spa building.
not birthday parties up to
50 guests or exceed the
restricted hours of noon
to 4 p.m.
b. Building Division
b. Building verifies appropriate
Division. approvals obtained prior
to issuance of grading or
building permit.
c. Building c. Building Division
Division. verifies appropriate
approvals obtained prior
to issuance of grading or
building permit
Rafael Police Department
shall subject the project
sponsor to a revocation
hearing of the use permit.
b. Deny issuance of
building permit.
c. Deny issuance of
building permit.
Noise -4. To mitigate noise from informal clubhouse Require as a condition Planning Division Incorporate as condition Deny project
use, existing windows and doors of the clubhouse of design review of use permit approval
shall be upgraded to thermal insulating windows and permit approval.
Attachment A-9
doors.
Noise -5. To mitigate construction noise:
a. Noise -generating activities at the
construction site or in areas adjacent to the
construction site associated with the project
in any way should be restricted to the hours
of 7 a.m. to 6 p.m., Monday through Friday,
and 9 a.m. to 6 p.m. on Saturdays. No
construction activities shall occur on
Sundays or holidays. Post signs stating
allowable hours of construction per the
City's noise ordinance.
b. The day spa building and outdoor
swimming pool deck terrace shall be
designed with a pier rather than pile
foundation. Pile -driven foundations are not
pennitted. The driving range service
building shall be designed with either a pier
or footing -type foundation rather than a pile
foundation.
c. Equip all internal combustion engine driven
equipment with intake and exhaust mufflers
that are in good condition and appropriate
for the equipment.
d. Locate stationary noise generating
equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or
are near a construction project area.
e. Utilize "quiet" air compressors and other
stationary noise sources where technology
ATTACHMENT A
Project sponsor Project sponsor
obtains approval from
Planning Division
prior to issuance of
building permit
Require as a condition Planning Division
of design review
permit approval
a. Project sponsor
monitors hours of
operation by
contractors and
subcontractors at all
times.
b. Project sponsor
obtains approval from
Planning Division
prior to issuance of
building permit
c -g. Project sponsor
submits Construction
Management Plan
with contact
information of
"disturbance
coordinator" for
review and approval
by Planning Division
prior to issuance of
building permit.
a. Project sponsor
Building Division
verifies appropriate
approvals obtained prior
to issuance of grading or
building permit
Incorporate as condition
of use permit approval
a. Project sponsor
immediately notifies
contractor or
subcontractor exceeding
hours of operation of
non-compliance
b. Building
Division
b. Building Division
verifies appropriate
approvals obtained prior
to issuance of grading or
building permit
c -g. Building
Division
c -g: Building Division
verifies appropriate
approvals obtained prior
to issuance of grading or
building permit
Attaclunent A-10
Deny issuance of grading
or building permit
Deny project
a. Repeat violations
documented by the San
Rafael Police Department
shall subject the project
sponsor to a revocation
hearing of the Use Permit.
b. Deny issuance of
building permit
c -g. Deny issuance of
building permit
ATTACHMENT A
exists.
f. The contractor shall prepare a detailed
construction plan identifying the schedule
for major noise -generating construction
activities and distribute it to all adjacent
neighbors.
g. Designate a "disturbance coordinator" who
would be responsible for responding to any
local complaints about construction noise.
The disturbance coordinator will determine
the cause of the noise complaint (e.g.,
starting too early, bad muffler, etc.) and will
require that reasonable measures warranted
to correct the problem be -implemented.
Conspicuously post a telephone contact
number for the disturbance coordinator at
the construction site and include it in the
notice sent to neighbors regarding the
construction schedule.
XV. TRANSPORTATION AND TRAFFIC
Traffic -1. All employee shifts associated with the Require as a condition
day spa building / swimming pool shall be of use permit
structured to commence and end outside the a.m. (7 -
approval.
9 a.m.) and p.m. (4-6 p.m.) peak hour periods. Project sponsor
structures all work
shifts for day spa /
swimming pool
employees outside the
a.m. ! p.m. peak hour
periods.
Planning Division
Project Sponsor
Incorporate as condition
of use permit approval
Project sponsor
immediately corrects
employee shifts for
compliance.
Deny project
Repeat violations
documented by the
Planning Department shall
subject the project sponsor
to a revocation hearing of
the Use Permit
Traffic -2. Prior to the issuance of any building Require as a condition Planning Division Incorporate as condition Deny project
Den -nit, the project sponsor shall pay a traffic of design review of design review permit
Attachment A-11
ATTACHMENT A
initigation fee of $131,626.00 to the City of San Permit approval.
Rafael pursuant to the City's adopted Traffic project sponsor
Mitigation Fee Schedule. obtains approval from Building Division
Planning Division
prior to issuance of
building pernut.
Attachment A-12
approval
Building Division
verifies appropriate
approvals obtained prior
to issuance of grading or
building permit
Deny issuance of building
permit