HomeMy WebLinkAboutCC Resolution 12629 (Expand Chapel/Office Building & Landscaping)RESOLUTION NO. 12629
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MASTER
USE PERMIT (UP08-031) FOR A 50 -YEAR MASTER PLAN AND APPROVAL OF AN
ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED07-010) TO ALLOW
CONSTRUCTION OF 22 NEW MAUSOLEUMS, EXPANSION OF THE EXISTING
OFFICE BUILDING TO A CHAPEL/OFFICE BUILDING AND NEW PARKING,
ROAD AND LANDSCAPE IMPROVEMENTS FOR THE MT. TAMALPAIS
CEMETERY PROPERTY LOCATED AT 2500 FIFTH AVENUE
(APN: 177-240-03)
WHEREAS, on February 6, 2007, applications for Annexation/Prezoning, and an
Environmental and Design Review Permit were received by the Community Development
Department requesting approval to approve a 50 -Year Master Plan of Existing Facilities and
New Chapel and New Mausoleum Buildings for Mt. Tamalpais Cemetery located at 2500 Fifth
Avenue, and
WHEREAS, on September 20, 2007, the Annexation/Prezoning, and Environmental and
Design Review Permit applications were deemed complete for processing; and
WHEREAS, consistent with the requirements of the California Environmental Quality
Act (CEQA), an Initial Study/Mitigated Negative Declaration analyzed potential environmental
impacts of the project and identified potentially significant impacts for Geologic and Cultural
Resources. The project impacts would be mitigated to less -than -significant levels through
implementation of recommended mitigation measures that have been incorporated as conditions
of approval; and
WHEREAS, notices regarding the Mitigated Negative Declaration prepared for this
project were mailed to surrounding property owners and occupants within 500 feet, pertinent
agencies (including local responsible and trustee agencies), organizations and special interest
groups pursuant to CEQA Guidelines Section 15072; and
WHEREAS, copies of the Mitigated Negative Declaration were made available for a 20 -
day review period by pertinent agencies and interested members of the public, commencing on
July 9, 2008; and
WHEREAS, on July 29, 2008, the Planning Commission held a duly noticed public
hearing on the Mitigated Negative Declaration and the proposed project, including an
Annexation (AX07-001), a Prezoning (ZC07-001) and an Environmental and Design Review
Permit (ED07-010), accepting public testimony and the written report of the Community
Development Department; and
WHEREAS, on July 29, 2008, the Planning Commission continued the public hearing to
August 26, 2008 to allow notices to be mailed indicating that a Master Use Permit (UP08-031)
application is required and included among the project applications and held a duly noticed
public hearing on the proposed project and the Mitigated Negative Declaration, accepting all oral
and written public testimony and the written report of the Department of Community
Development; and
WHEREAS, the Planning Commission recommended to the City Council adoption of the
Mitigated Negative Declaration by adoption of Resolution No. 08-21; and recommended
approval of the Annexation/Prezoning by adoption of Resolution No. 08-22 ; and
WHEREAS, the Planning Commission also recommended approval by the City Council
of the proposed Master Use Permit (UP08-031) and Environmental and Design Review Permit
(ED07-010) by adoption of Resolution No. 08-23; and
Wl IEREAS, on December 1, 2008 the City Council held a duly noticed public hearing to
consider the Mitigated Negative Declaration and related applications including a Master Use
Permit and the Environmental and Design Review Permit and considered all oral and written
public testimony and the written report of the Community Development Department; and
WHEREAS, on December 1, 2008 the City Council approved the Mitigated Negative
Declaration and Annexation/Prezoning by adoption of a separate resolution and ordinance.
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, the City Counicl makes the following findings
related to Master Use Permit (UP08-031) and the Environmental and Design Review Permit
(ED07-010):
Master Use Permit (UPO8-031) Findings:
1) The proposed use is in accord with the San Rafael General Plan 2020, as amended, the
objectives of the Zoning Ordinance, and the purposes of the district in which the site is
located in that:
a) The proposed Mt. Tamalpais Cemetery 50 -Year Master Plan use is consistent with
the General Plan 2020 Public/Quasi-Public land use designation that applies to the
Cemetery property which will continue to provide cemetery, mortuary and funeral
services and through identified phases construct new mausoleums, a Chapel/Office
expansion and other improvements that will be consistent with existing facilities at
the Cemetery and with incorporation of required mitigation measures and conditions
of approval, is consistent with the policies of the general plan as demonstrated in
Exhibit 4: Table Analyzing Project Consistency with San Rafael General Plan 2020
of the July 29, 2008 Planning Commission Staff Report;
b) The proposed Mt. Tamalpais Cemetery 50 -Year Master Plan would be consistent with
the objectives of the Zoning Ordinance and the purposes of the zoning district, as set
forth in the Rezoning (ZC07-003) to Planned Development District (PD) Municipal
Code Section 14.07.010), which is the zoning district that applies to properties over 5
acres in size, establishing development standards consistent with the existing and
proposed improvements at the site; and
c) Master Use Permit (UP08-031) to establish a 50 -Year Master Plan for Cemetery use
would be consistent with the following purposes of the Planned Development District
(PD) Section 14.07.010:
A. Promote and encourage cluster development on large sites to avoid sensitive
areas of property. The improvements in the 50 -Year Master Plan would locate
new mausoleum facilities adjacent to existing mausoleums, along existing roads
and expand the existing office building to a Chapel/Office at the Cemetery
entrance, thereby clustering facilities and avoiding sensitive ridgelines, forested
areas and steep slopes on the property;
B. Encourage innovative design on large sites by allowing flexibility in property
development standards. The proposed 50 -Year Master Plan would be innovative,
using colors and materials that are suited to the natural setting, native landscape
materials and thereby retaining the historic design and character of the property;
and
C. Encourage the establishment of open areas in land development. The proposed
50 -Year Master Plan retains the existing pattern of roads, facilities and landscaped
grounds in their current condition and would retain substantial open space
throughout the 56.8 -acre site.
2) The proposed use, together with the conditions applicable thereto, will not be detrimental
to the public health, safety or welfare, or materially injurious to properties or
improvements in the vicinity, or to the general welfare of the city in that:
a) The proposed 50 -Year Master Plan would continue the existing Cemetery operations
between 8:00 AM and 5:00 PM seven days a week and evening visitations scheduled
to end by 9:00 PM.
b) All existing structures and landscaping on the property are to be retained, thereby
preserving the historic character of the site; and
c) On-site parking will be improved and expanded in the vicinity of the proposed
Chapel/Office building and Angels Gardens area and existing dirt roadways will be
improved and paved to provide better access, pull-out parking will be provided
adjacent to new mausoleums; and
d) Additional native landscaping will be provided to enhance visual screening in areas
near new mausoleums, including the area between Ray Court and the Angels Gardens
mausoleums; and
3) The proposed use complies with each of the applicable provisions of the Zoning
Ordinance in that:
a) Prezoning this site to a PD district establishes development standards consistent with
the existing and proposed improvements at Mt. Tamalpais Cemetery, including
building height, setbacks, FAR; and
b) Proposed access and parking improvements have been reviewed by the City Traffic
Engineer and found to be acceptable given that: 1) the amount of parking in the 50 -
Year Master Plan exceeds City parking standards for cemetery use; and 2) the project
will be subject to applicable traffic mitigation fees.
Environmental and Design Review Permit (ED07-010) Findings
1 } The proposed project would be consistent with the General Plan 2020 and the purposes of
Zoning Ordinance Chapter 25 (Environmental and Design Review Permits) as
demonstrated in Table 4: Table Analyzing Project Consistency tiOlh San Rafael General
Plan 2020 to the July 29, 2008 Planning Commission staff report and the 50 -Year Master
Plan would be consistent with the purposes of Zoning Ordinance Chapter 25 due to the
fact that the existing and historic pattern of development at the Mt. Tamalpais Cemetery
would be maintained and expanded in a manner that enhances the site through
architectural design including colors and materials that are harmonious to the natural
setting, roadway and parking improvements along with a requirement for preparation of a
landscape plan to enhance visual screening of proposed new mausoleums in Angels
Gardens from offsite views.
2) The project design is consistent with all applicable site, architecture and landscaping
design criteria and guidelines for the district in which the site is located; in that: 1) the
project would be consistent with the purposes of the Rezoning to Planned Development
(PD) District in that this District applies to all properties over 5 acres in size; 2) the
project would comply with the Planned Development (PD) development standards which
include landscaping, lot coverage, FAR., setbacks consistent with the existing and
proposed improvements at the site and as demonstrated on the plans prepared by AJ
Moore Associates, sheets AO -A27 and L -1-L-8, dated March 24, 2003 and updated
November 14, 2008; 4) adequate parking and circulation would be provided for the
proposed use based upon the evaluation of the City Traffic Engineer, 5) the project would
retain or improve the existing facilities and roadways and natural features of the historic
cemetery and all mitigation measures have been incorporated herein as conditions of
approval.
3) The proposed project minimizes adverse environmental impacts and would not be
detrimental to the public health, safety or welfare or materially injurious to properties or
improvements in the vicinity as documented in Findings 1 and 2 above and given that the
recommendations from other City departments and outside agencies have been
incorporated into the conditions of approval. In addition, the Mitigated Negative
Declaration found that, with the implementation of mitigation measures, the project
would have a less -than -significant impact upon Geology and Cultural Resources.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael does approve a Master Use Permit (UP08-031) and Environmental and Design Review
Permit (ED07-010) for the Mt. Tamalpais Cemetery 50 -Year Master Plan subject to the
following conditions of approval:
Master Use Permit (UP08-031)
Conditions of Approval
The Master Use Permit does not go into effect unless and until the 56.8 -acre Cemetery
property has been annexed to the City of San Rafael and the San Rafael Sanitation
District by Marin County LAFCO, and the PD District Zoning (ZC07-001) becomes
effective.
2. This Use Permit shall incorporate all mitigation measures specified in the Mt. Tamalpais
Cemetery 50 -Year Master Plan MND.
3. This Use Permit is based upon the improvements shown in the plans prepared by AJ
Moore Associates, sheets AO -A27 and L -1-L-8, dated March 24, 2003 and updated
November 14. 2008.
4. This Use Permit shall be vested within two years from the date of Marin County LAFCO
annexation action to the City of San Rafael when the PD District zoning goes into effect
or shall become null and void. Vesting shall consist of securing a valid building permit
for Phase 1 improvements.
5. The 50 -Year Master Plan Project shall be constructed in phases that are outlined below.
The approved Phasing Plan consists of:
Phase 1: Construction of 3 mausoleums on Upper Lakeview and associated
roadway improvements, DRB review and approval of revised landscape plan,
colors and materials for new Chapel/Office and mausoleums, colors for existing
buildings (Chapel of Lights and Angels Gardens mausoleums), installation of new
visual screening landscaping in Angels Gardens, and dedication of easements for
emergency access and public open space access;
Phase 2: Construction of the Chapel/Office Expansion and related parking,
landscaping and roadway improvements;
Phase 3: Construction of the remaining approved mausoleums shall proceed at a
rate of approximately 1 mausoleum constructed every 2-3 years with the two
mausoleums at Angels Gardens to be the last built. The adequacy of landscape
screening previously installed at Angels Gardens as part of the Phase I
construction shall be evaluated and improvements required as appropriate. Paving
of Tamalpais Avenue shall be completed prior to installation of new gravesites in
the area east of the gate at Sunny Hills School property.
6. Timing of the individual Phases is not specified except that Phase I shall be completed
within two years of the date of Marin County LAFCO annexation approval.
7. Phase 1 improvements are approved subject to the requirements of the Environmental and
Design Review Permit (ED07-010). This approval will expire in two years.
8. All development proposed in subsequent phases of the Master Plan (Phases 2 and 3) are
approved at a conceptual level and shall require submittal of an application for
Environmental and Design Review permit prior to development. The Environmental and
Design Review Permit application for subsequent phases is required to determine that the
proposed improvements in the subsequent phase(s) are consistent with:
a. The approved Master Plan and Development Plan; and
b. Applicable building, Fre and zoning codes in force at that time.
For projects that are determined to be consistent with the approved Master Plan, the
Zoning Administrator may review the Environmental and Design Review application.
For projects that are determined to be inconsistent with the approved Master Plan or
applicable building or zoning codes, the Community Development Department may
require review by the Design Review Board and Planning Commission.
9. The following uses are permitted for Mt. Tamalpais Cemetery, located at 2500 Fifth
Avenue: Cemetery, Mortuary and Crematory services as licensed by the California
Department of Cemetery and Funeral Bureau (Licenses #COA432, #CR205, #FD1410).
Hours of operation for this facility are normal business hours, 8:00 a.m. until 5:00 p.m.,
seven days a week. Visitations are permitted during evenings until 9:00 p.m.
10. Prior to issuance of the first Building Permit for Phase I, the applicant shall:
a. Submit documentation to the Community Development Department that an
emergency access easement has been recorded along the Tamalpais Avenue loop road
for the purpose of permanent emergency vehicle access. The easement shall be
granted to the benefit of the City of San Rafael and the Ross Valley Fire District.
Prior to recordation of the easement, the width, alignment, and terms for emergency
access shall be approved by the City of San Rafael Fire Department and the Ross
Valley Fire District. See ED07-010 Condition 27 regarding surfacing improvements
for this access easement.
b. Submit documentation to the Community Development Department that public open
space access easements have been: 1) offered for dedication to and accepted by the
Marin County Open Space District; and 2) recorded with the County of Marin. The
public access easements are generally described as two floating easements and a trail
easement in the north and northwest portions of the site for public open space trail
development.
11. A permanent facility for the Marin County Coroner is explicitly not part of the 50 -Year
Master Plan and is not approved as part of this Use Permit.
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12. Any change to proposed uses and improvements identified in the 50 -Year Master Plan
shall require submittal of an application for an Amendment to the approved Master Use
Permit.
Environmental and DesiLm Review Permit (ED07-010)
Conditions of Approval
General Project Conditions
Community Development Department - Planninj4 Division
1. This Environmental and Design Review Permit (ED07-010) is approved for Phase I and shall
be valid for two years from the date of Marin County LAFCO annexation action to the City
of San Rafael when the PD District goes into effect, unless a building permit has been issued
and remains valid, or a time extension is granted. As required by Master Use Permit UP08-
031 conditions of approval, Environmental and Design Review Permit approval for Phases 2
and 3 is approved in concept only with final approval required by the Zoning Administrator.
This Environmental and Design Review Permit does not authorize any site or building
improvements or modifications that are not shown on the approved Development Plan.
2. The project sponsor shall be responsible for implementing all mitigation measures identified
in the Mt. Tamalpais Cemetery 50 -Year Master Plan Mitigated Negative Declaration, July
2008 and the adopted Mitigation Monitoring and Reporting Program (MMRP).
3. The Mt. Tamalpais Cemetery project consists of all existing improvements and proposed new
improvements including 22 new mausoleums, an expansion of the existing one-story office
building to create a two-story, 8,400 sq. ft. Chapel/Office building, paving and widening
improvements to existing dirt roads, and landscaping. The building techniques, materials,
elevations and appearance of the project, as presented for approval on plans prepared by A.J.
Moore Associates consisting of sheets A.0 -A.27 and L -1-L-8, dated March 24, 2003 and
updated November 14, 2008, shall be the same as required for issuance of a building permit.
Minor modifications or revisions to the project shall be subject to review and approval of the
Planning Division. Modifications deemed not minor by the Community Development
Director shall require review and approval of the Planning Commission.
Prior to issuance of a Building Permit (or grading permit if issued separately)
4. Prior to the issuance of a building permit, plans submitted for a building permit shall include
a plan sheet, which incorporates these conditions of approval.
5. Prior to issuance of the first building permit for Phase I, the applicant shall submit plans and
additional design information as requested by the Design Review Board for review and
approval including:
a. Clay tile material for the Chapel/office building roof; darker body colors for all new
buildings (Chapel/office and mausoleums) to better fit into the natural setting;
b. A revised landscape plan that incorporates additional screening trees and shrubs along the
Ray Court frontage adjacent to the two proposed mausoleums in Angels Gardens. The
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landscape screening shall be installed during Phase I in conjunction with and prior to the
completion of Phase I improvements. The Design Review Board shall evaluate how well
the proposed landscaping achieves both low-level and higher-level screening of the
mausoleums from the view of Ray Court.
6. Prior to issuance of a building permit, the applicant shall submit written verification from the
Marin Municipal Water District indicating that the District's requirements have been met for
purchase of additional water entitlements to bring the property in line with its recent usage
and offset any increased consumption due to the planned improvements.
7. Prior to issuance of a building permit, any outstanding Planning Division fees shall be paid.
8. A traffic mitigation fee of $4,246.00 dollars shall be paid for each new A.M. and P.M. peak
hour trip generated by the project. Total fees paid for this project shall be $16,984 adjusted
according to the Lee Saylor Construction Index to take into account changes in construction
costs. This fee amount is based on a fee of $4,246.00 times 4 total A.M. and P.M. peak hour
trips in November 2004 dollars.
9. Prior to issuance of a building permit, a report shall be submitted that provides detailed
implementation measures and a timeline for completion of the geotechnical report
recommendations for landslide repair and slope maintenance (Mitigation Measures GEO-1,
GEO-2, GEO-3 and GEO-4).
Community Development Department — Buildina and Fire Prevention Divisions
10. The design and construction of all site alterations shall comply with 2007 California Building
Code, 2007 Plumbing Code, 2007 Electrical Code, and 2007 California Mechanical Code,
2007 Fire Code, and 2005 Title 24 California Energy Efficiency Standards.
11. A building permit is required for the proposed work.
12. It appears that the project meets the requirements for "substantial remodel" as defined in
Municipal Code Chapter 4.08.030.b.6. Therefore, fire sprinklers may be required throughout
the building installed in accordance to NFPA 13 (2002 edition). A separate, deferred
application by a C-16 contractor is allowed.
13. Any demolition of existing structures will require a building or demolition permit. Permit
application submittal for demolition shall include three (3) copies of the site plan, asbestos
certification and PG&E disconnect notices. All demolition work performed on existing
buildings and improvements may require the approval of and/or a permit from the Bay Area
Air Quality Management District. Also, application must be made to the Bay Area Air
Quality Management District prior to obtaining the permit and beginning work.
14. Prior to building permit issuance for the construction of each building, geotechnical and civil
pad certifications are to be submitted.
15. Payment of school impact fees will be required for the project. Commercial space is
computed at $0.33 per square foot of new building area. Calculations are done by the San
Rafael City Schools, and those fees are paid directly to them prior to issuance of the building
permit.
16. The fire hydrant locations shall be included on plans for subsequent submittals.
17. If proposed fencing exceeds 6' in height, a building permit is required.
18. 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 Regulation. The civil, grading and landscape plans shall address
these requirements to the extent possible.
19. All proposed facilities 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.
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. Disabled parking spaces must be provided and must be uniformly distributed throughout the
site.
22. At least one disabled parking space must be van accessible; 9 -foot wide parking space with
an 8 -foot wide off-load area.
23. Adequate utility easements must be provided for all services to include water, sanitary sewer,
storm drain piping, as well as gas, electric and telephone.
24. Knox box keyed entry system is required at designated access doors.
25. Fire lanes must be designated, painted and signed.
26. This property is located in a UWI Urban Wildland Interface area. Provide a written
Vegetation Management Plan (VMP) submitted to the San Rafael Fire Department. This
VMP must be completed and verified prior to final approval. Refer to City of San Rafael
Ordinance 1856 that may be viewed at wwu,.citvofsani•afciel.orz/ftrel,ezetation, or you may
contact the Fire department at (415) 485-3309 and talk to Captain Brad Mark.
27. Prior to issuance of the first building permit for Phase I, the Cemetery owner shall permit the
San Rafael Fire Department to survey the Tamalpais Avenue loop road to assess existing
road conditions (currently dirt -surfaces). Since the loop road will not be permanently paved
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until subsequent phases, the Fire Department shall determine where short-term road
improvements are necessary to ensure fully accessible emergency access. Temporary
improvements to the road shall be completed by the property owner prior to the completion
of Phase I improvements.
28. This project may be subject to the Green Building Program requirements.
29. A Best Management Practices (BMP) sheet shall be attached to building permit plans.
30. A Storm Water Pollution Prevention Plan (SWPPP) shall be required for the project.
31. A construction management plan shall be required for each development Phase.
32. All roof drains and parking lots shall direct runoff to landscape areas for treatment prior to
release to the City's storm drainage system.
33. All refuse areas shall be covered, bermed and plumbed to the sanitary sewer.
During Construction or Grading
Community Develooment Department — Planning Division
34. Pursuant to Mitigation Measure CULT -1, if cultural resources (historical, archaeological or
paleontological resources) are discovered during grading, trenching, or other construction
activities, all work at the site shall stop immediately and the project sponsor shall inform the
San Rafael Community Development Department (CDD) staff of the discovery. A registered
archaeologist, chosen by the City and paid for by the project sponsor, shall assess the site and
shall submit a written report to the CDD providing appropriate mitigations to protect the
resources discovered. No work at the site may recommence without approval of the CDD.
All future development of the site must be consistent with findings and recommendations of
the archaeological report as approved by the CDD Director.
35. Pursuant to Mitijaation Measure CULT -2, the possibility of encountering human remains
cannot be discounted. Section 7050.5 of the California Health and Safety Code states that it
is a misdemeanor to knowingly disturb a human burial. If human burials are encountered,
work should halt in the vicinity of the remains and, as required by law, the County Coroner
should be notified immediately. At the same time, an archaeologist should be contacted to
evaluate the situation. If human remains are of Native American origin, the Coroner must
notify the Native American Ileritage Commission. The Commission has 48 hours to notify
the Most Likely Descendant, who may make recommendations to the landowner for the
disposition of the remains.
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I, Esther C. Beirne, City Clerk of the City of San Rafael, hereby certify that the forgoing
resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council held on Monday the 1" day of December, 2008, by the following vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Miller, and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ESTHER C. BEIRNE, City Clerk