Loading...
HomeMy WebLinkAboutCC Resolution 11683 (Marin Academy Library/Classroom)RESOLUTION NO. 11683 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A LOT MERGER, ENVIRONMENTAL AND DESIGN REVIEW PERMIT, AND USE PERMIT AMENDMENT IN ORDER TO MERGE THE PARCELS LOCATED AT 2 COTTAGE AVENUE AND 1540 FIFTH AVENUE; RENOVATE THE EXISTING SCHOOL ADMINISTRATION BUILDING LOCATED AT 2 COTTAGE AVENUE; AND DEMOLISH THE EXISTING MEDICAL OFFICE BUILDING LOCATED AT 1540 FIFTH AVENUE IN ORDER TO CONSTRUCT A NEW TWO-STORY 16,820 -SQUARE -FOOT LIBRARY/CLASSROOM BUILDING WITH ASSOCIATED PARKING, LIGHTING AND LANDSCAPING FOR MARIN ACADEMY (APNs: 011-161-13,011-193-04,011-195-01, and 011-195-03) WHEREAS, on July 9, 2004, a General Plan 2000 Amendment, Zone Change, Lot Merger, Environmental and Design Review Permit and Use Permit Amendment applications were received by the Community Development Department requesting approval of renovations to the administration building located at 2 Cottage Avenue and the construction of a library/classroom building at 1540 Fifth Avenue with associated parking and landscaping improvements, and on September 30, 2004, the applications were deemed complete for processing; and WHEREAS, upon review of the subject applications an Initial Study/Negative Declaration was prepared consistent with the requirements of the California Environmental Quality Act; and WHEREAS, the City Council adopted a Mitigated Negative Declaration, and approved a General Plan Amendment and Rezoning for the project, by a adoption of separate resolutions and an ordinance; and WHEREAS, on November 9, 2004, the Planning Commission held a duly -noticed public hearing on the Environmental and Design Review Permit application for the project, accepting all oral and written public testimony and the written report of the Community Development Department staff and on a 5-0-2 vote recommended to the City Council approval of the Lot Merger, Environmental and Design Review Permit, and Use Permit Amendment; and WHEREAS, on December 6, 2004, the City Council held a duly -noticed public hearing on the proposed Lot Merger, Environmental and Design Review Permit, and Use Permit Amendment accepting all oral and written public testimony and the written report of the Department of Community Development. WHEREAS, the City Council makes the following findings related to the proposed project: 1. The proposed project would be consistent in principle with the General Plan 2000 and the Purposes of Zoning Ordinance Chapters 22 (Use Permits) and 25 (Environmental and Design Review Permits) given that the proposed project would be consistent with Land Use Policies LU - 18a (Other Land Use Categories), LU -21 (Building Heights), LU -35 (Project Design Considerations); LU -pp (Neighborhood Meetings), Circulation Policy C-2 (Level of Service), Noise Policy N-11 (Commercial and Industrial Projects), Natural Environment Policy NE -12 (Water Quality), Safety Policies S-13 (Flood Protection), S-18 (Erosion Controo, S-21 (Fire Safety of New Development) and S-23 (Safety Review of Development Projects) in that: 1) school uses are specifically allowed in the Public/Quasi Public land use designation; 2) the proposed library building at 1540 Fifth Avenue would be within the maximum height limit of 36 feet; 3) the Design Review Board reviewed the proposed project and recommended approval of the project, finding that the project design, lighting, and landscaping would be appropriate for the setting and neighborhood; 4) a neighborhood meeting was held for the proposed project; 5) the City Traffic Engineer has reviewed the proposed project and concluded that the proposed library/classroom building would not generate additional PM peak trips and would not cause the LOS to exceed the Downtown LOS E standard; 6) the project is subject to standard construction hours and is required to submit an acoustic report for the final building design showing that the project has 0 R I ANAL \0013 been designed to comply with City noise standards; 7) the project would implement stormwater pollution prevention measures and best management practices (BMPs) to reduce stormwater and erosion impacts; 8) the site is not subject to flooding, and an erosion control plan would be required to be submitted at the time of the grading permit application; 9) the proposed project has been reviewed and conditions of approval are recommended to incorporate fire and crime prevention techniques by the City's Police and Fire Departments; and 10) the project would be constructed to meet the minimum standards of the Uniform Fire Code and California Building Code. 2. The proposed project would be consistent in principle with the General Plan 2020 and the Purposes of Zoning Ordinance Chapters 22 (Use Permits) and 25 (Environmental and Design Review Permits) given that the proposed project would be consistent with Land Use Policies LU -2 (Development Timing), LU -9 (Intensity of Nonresidential Development), LU -15 (Land Use Compatibility), LU -24 (Land Use Map and Categories), Neighborhood Policy NH -28 (Downtown Design), Community Design Program Policies CD -le (Landscape Improvements), CD -11a (Visual Compatibility), Circulation Policies C-5 (Traffic Level of Service Standards), Policy C-13 (School Related Traffic), Culture and Arts Program Policy CA -17a (Archaeological Resources Ordinance); Safety Policies S-3 (Use of Hazard Maps in Development Review), Policy Program S -7a (Seismic Safety of New Buildings), S -8a (Seismic Safety Building Reinforcement), S-21 a (Compliance with Reginald Water Quality Control Board), Noise Policy N -4b (Nonresidential and Mixed Use Noise Standards), Air and Water Policies AW -7 (Compliance with Water Quality Standards), and Policy AW -8 (Reduction of Urban Runoff Pollution) in that: 1) the City's Traffic Engineer has determined that the project would not exceed the level of service (LOS) E; 2) the project would not require any circulation improvements; 3) the project would be served by the Marin Municipal Water District, San Rafael Sanitation District, and other public agencies, which have adequate capacity to serve the project; 4) the project would be within the maximum allowed 1.0 FAR; 5) the project has been recommended for approval by the Design Review Board; 6) the library/classroom building has been designed to compliment the existing administration building located at 2 Cottage Avenue; 7) the project site does not contain historic resources or is near a location containing historic resources; 8) the landscape plan includes generous amounts of landscaping to accent the proposed library/classroom building; 9) the design of the library/classroom building would utilize appropriate colors and materials to match the design of surrounding buildings within the Marin Academy campus; 10) the project design would be within the maximum height of 36 feet and has been designed to incorporate sidewalk and landscaping improvements to enhance the design and streetscape continuity; 11) the proposed project would be consistent with the P/QP land use designation given that the proposed library/classroom building would be used in conjunction with an existing school; 12) all mechanical equipment would be screened from public view; 13) the project design has incorporated appropriate lighting levels and landscape and hardscape design details to create a usable outdoor courtyard with outdoor seating to accent the building design and create a sense of the natural environment; 14) Marin Academy has submitted an updated parking and traffic strategy plan outlining measures to reduce traffic and parking related impacts from the school use; 15) the project has been reviewed in accordance with the Archeological Ordinance and found to be located in an area with low possibilities of archeological resources and standard conditions of approval would be incorporated into the project to protect possible archeological resources; 16) planning staff reviewed applicable safety maps and no significant slope stability, seismic, and or flood issues were identified; 17) the proposed project would seismically upgrade the existing administration building located at 2 Cottage Avenue and construct a new library/classroom building at 1540 Fifth Avenue that would meet the seismic requirements of the California Building Code; 18) The project has been reviewed by the City's Storm Water Pollution and Prevention Program Manager and designed to meet applicable storm water and erosion control requirements; and 19) an acoustical report will be prepared that would demonstrate that the project would be compliant with the adopted noise standard. 3. The proposed project would be consistent with the purposes of the Zoning Ordinance in that: 1) the project would be consistent with the purposes of the Public/Quasi Public (P/QP) District in that the project site is adjacent to Public/Quasi Public land use designations to the north and west and would be used in conjunction with an existing school; 2) the proposed library/classroom building would provide improved facilities for an existing school; 3) The project site at 1540 Fifth Avenue and 2 Cottage avenue would comply with the development standards required within the P/QP District including height, landscaping, lot coverage, floor area ratio, and setbacks; and 4) adequate parking and circulation would be provided by the proposed amended school use. 4. 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, 2, and 3 above and given that the recommendations from other City departments and outside agencies have been incorporated into the conditions of approval. 5. Based on findings 1, 2, 3, and 4, the proposed lot merger would be consistent with the General Plan and the Zoning and Subdivision Ordinances. In addition, the Building and Safety Division has reviewed the proposed lot merger and has found that it would be in conformance with the California Building Code. Lastly, the City Engineer has reviewed the proposed lot merger and recommended approval. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Lot Merger, Environmental and Design Review Permit, and Use Permit Amendment based on the findings above and subject to the following conditions: Lot Merger 1. Prior to the issuance of a building permit, the Lot Merger (SO4-015) shall be recorded by deed with the County of Marin. 2. The applicant shall submit a copy of the recorded deed to both the Community Development and Public Works Departments by December 6, 2006, reflecting recordation of the lot merger. Environmental and Design Review Permit Plannino Division 3. This Environmental and Design Review Permit (ED04-068) shall be valid for until December 6, 2006, unless a building permit has been issued and remains valid, or a time extension is granted. 4. The building techniques, materials, elevations and appearance of the project, as presented for approval on plans prepared by Starkweather-Bondy, Architects, dated approved December 7, 2004, 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 Design Review Board and Planning Commission. 5. All tree protection measures outlined in the September 13, 2004 letter from Bartlett Tree Experts shall be implemented during construction activities on 1540 Fifth Avenue. 6. All exterior lighting shall be shielded down. Following the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 30 -day lighting level review by Planning Division staff to ensure compatibility with the surrounding area. 7. All landscaping and irrigation shall be installed prior to the occupancy of the building 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. 8. The landscape architect shall submit a letter to the Planning Division, certifying that the landscaping has been installed in accordance with all aspects of the approved landscape plans, that the irrigation has been installed and been tested for timing and function, and all plants including street trees are healthy. 9. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. Prior to final occupancy, the applicants shall request an inspection from the Planning Division and submit a two-year maintenance contract for landscaping or post a two-year maintenance bond. 10. The trash enclosure area shall be covered and plumbed to the sanitary sewer. 11. Prior to issuance of a building permit, an acoustical consultant shall review the building design and provide a letter stating that the project will be designed to comply with City noise standards. This letter must outline the requisite window and/or wall Sound Transmission Class (STC) ratings needed to meet the City's downtown noise standards. The project shall comply with the following noise standards: Daytime - 65 dBa intermittent/55 dBa constant Nighttime — 55 dBa intermittent/45 dBa constant 12. If, during the course of construction, cultural, archaeological or paleontological resources are uncovered at the site (surface or subsurface resources) work shall be halted immediately within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional archaeologist. The City of San Rafael Planning Division and a qualified archaeologist (i.e., an archaeologist registered with the Society of Professional Archaeologists) shall be immediately contacted by the responsible individual present on-site. When contacted, the project planner and the archaeologist shall immediately visit the site to determine the extent of the resources and to develop proper mitigation measures required for the discovery. 13. Plans submitted for a building permit shall include a plan sheet, which incorporates these conditions of approval. As an alternative, the conditions of approval shall be attached as a separate document to each set of plans. Fire Department 14. Based on Uniform Building or Fire Code requirements, an automatic fire sprinkler system shall be installed throughout the existing and proposed building located at 2 Cottage Avenue and the proposed library/classroom building located at 1540 Fifth Avenue, conforming to NFPA Standard 13. 15. The alarms from fire detection systems and commercial fire sprinkler systems shall be monitored by a UL Central Station Company approved by the San Rafael Fire Department and be issued a UL serially numbered certificate for Central Station Fire Alarms. 16. A Fire Department approved Knox Keyway System is required to be installed conforming to Fire Prevention Standard 202. Building Division 17. The following requirements shall be met to the satisfaction of the Building Division: a. An engineered site plan showing all existing and proposed site conditions shall be submitted with the application for a building permit. b. A level "B" soils report shall be submitted with the application for a building permit. c. The project soils engineer shall review the project plans for compliance with the requirements of the project's soil report. d. The project soils engineer shall issue a completion letter based on the actual construction. e. Grading plans shall show all proposed and existing contours. f. An erosion control plan shall be submitted with the application for building permit. The erosion control plan shall employ "Best Management Practices" and comply with all Storm Water Pollution Prevention Plan requirements. g. The improvement plans shall show all existing and proposed drainage facilities. h. The improvement plan shall show the location of all existing and proposed sanitary sewer facilities. I. The improvement plan shall show all existing and proposed frontage improvements. j. Sidewalk, curb, and gutter along Fifth Avenue, Cottage Avenue, and Mission Avenue shall be replaced to the satisfaction of the City Engineer. k. Accessible curb cuts shall be provided at the corners of Cottage Avenue and Mission Avenue. I. All frontage improvements shall be constructed in accordance with "Uniform Construction Standards for Cities and County of Marin". m. Any unused driveway approaches shall be removed and standard curb, gutter, and sidewalk shall be installed. n. The project shall comply with all State mandated accessibility requirements. o. An encroachment permit shall be required for all work in the public right of way. 18. Prior to issuance of a building permit, the applicant shall submit evidence that the requirements of the Marin Municipal Water District have been met. 19. All sewer connection fees shall be collected prior to the issuance of a building permit. Public Works 20. A street light shall be installed on the corner of Mission Avenue and Cottage Avenue. 21. A final sidewalk, street tree, street light and drainage plan shall be reviewed and approved by the Public Works Department prior to issuance of a building permit. The plan shall include the location of proposed catch basins, storm drains, and sewer lines. 22. A five-foot drainage easement along the eastern property line of 1540 Fifth Avenue shall be dedicated to the City. Police Department 23. The street numbers shall be displayed in a prominent location on the street side of the property in such a position that the number is easily visible to approaching emergency vehicles. The numbers shall be no less than 24 inches in height and shall be of a contrasting color to the background to which they are attached. The address numbers shall be illuminated during darkness. 24. Exposed roof vents and ducts shall be grated or constructed of an impact -resistant material to the satisfaction of the Police Department. 25. Perimeter walls, fences, trash storage areas, etc., shall be built to limit if not in fact prevent access to the roof or balconies. 26. All exterior man doors shall be of solid core construction with a minimum thickness of one and three-fourths inches (1-3/4") or with panels not less than nine -sixteenths inches (9/16") thick. 27. Metal -framed glass doors shall be set in metal door jambs and have a dead -bolt lock with a cylinder guard and a hardened steel throw that is a minimum of one inch (1 ") long. 28. Exterior jambs for doors shall be so constructed or protected to prevent violation of the function of the strike plate from outside. The strike plate shall be secured to the jamb by a minimum of two screws which must penetrate into the solid backing beyond the jamb. 29. Exterior doors that swing outward shall have non -removable hinge pins. 30. In -swinging exterior doors shall have rabbeted jambs. 31. Glass on exterior doors or within 40 inches of an exterior door shall be break -resistant or glass- like materials to the satisfaction of the Police Department. 32. All windows within 12 feet of the ground level shall have a secondary lock mounted to the frame of the window. The secondary lock shall be a bolt lock and shall be no less than one-eighth inch (1/8") in thickness. The lock shall have a hardened steel throw of one-half inch (1/2") minimum length. 33. Any window in or within 40 inches of an exterior door shall be stationary and non -removable. 34. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture. 35. Any alternative materials or methods of construction shall be reviewed with the Crime Prevention Officer before installation. 36. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to occupancy. 37. Permanently fixed ladders leading to roof areas shall be fully enclosed with sheet metal to a height of ten (10) feet. This covering shall be locked against the ladder with casehardened hasp secured with non -removable screws or bolts. If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and have a minimum of 5 -pin tumbler operation. 38. Signs shall be posted and driveways/curbs/parking areas shall be painted red which have emergency access lanes. 39. All exterior lighting shall be sufficient to establish a sense of well-being to the pedestrian and one that is sufficient to facilitate recognition of persons at a reasonable distance. Type and placement of lighting shall be to the satisfaction of the Police Department. 40. All exterior lighting shall be vandal -resistant. 41. All exterior lighting shall be on a master photoelectric cell set to operate during hours of darkness. 42. A minimum of one -foot candle at ground level overlap shall be provided in all exterior doorways, walkways, and vehicle parking areas. Use Permit Amendment 43. This Use Permit Amendment (UP04-035) allows the library/classroom building located at 1540 Fifth Avenue and the parking lot at 1513 Fifth Avenue to be used in conjunction with Marin Academy. This Use Permit shall supercede all previous Use Permits. 44. The maximum on-site enrollment of Marin Academy shall be limited to 400 students. Any change to this maximum number shall be subject to the review and approval of the Planning Commission. 45. Operations of a catering company and an internet provider located on campus shall be allowed as long as these businesses continue to serve the school. No additional commercial operations shall be allowed on the campus. 46. The swimming pool may be made available to outside groups from the hours of 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 8:00 p.m. Monday through Friday, and Weekends from 7:00 a.m. until 12:00 p.m. 47. This Use Permit allows theater groups to use the 135 -seat theater for rehearsal and performances. These performances by community theater groups may be held no more than 25 weekends per year. 48. Consistent with General Plan Policies encouraging schools to provide recreational and cultural activities to the community as well as educational opportunities, the school may provide gymnasium, athletic field, and library meeting space to other schools, programs, community and neighborhood groups as long as these activities remain ancillary to the school use. Any rental of the facilities for amplified music and/or any rental for use after midnight shall require a special use permit. 49. This Use Permit (UP04-035) shall be valid for the life of the school. Any changes in operations of Marin Academy shall require an amendment to this Use Permit. 50. Marin Academy shall maintain a parking program in order to limit impact of student and faculty parking on the surrounding residential streets. Except as modified herein, the Marin Academy Parking and Traffic Plan, shall be implemented pursuant to the Marin Academy Use Permit (UP04-035) approval. 51. Any modifications to the Marin Academy Parking and Traffic Plan shall require approval of the Marin Academy Parking and Traffic Committee and the Community Development Director. 5 I, JEANNE M. LEONCINI, 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 Monday, the 6`h of December, 2004, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips, & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None A NE M. LEONCINI, City Clerk