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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. 6 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 7 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 �7 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. E 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