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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 4 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). 6 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 7 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 1110 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. 13 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 14 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. 19 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