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HomeMy WebLinkAboutPlanning Commission 2011-06-26 #5CITY OF n.- 'dd$A#*?Z Meeting Date Agenda Item: June 28, 2011 Community Development Department — Planning Division Case Numbers: UP11-014; ED11-013 P. O. Box 151560, San Rafael, CA 94915-1560 PHONE: (415) 485-3085/FAX: (415) 485-3184 Project Planner: Paul Jensen —(415) 485.5064 REPORT TO PLANNING COMMISSION SUBJECT: Canal Community Garden — Southwest Corner of Bellam Boulevard and Windward Way — Request for Use Permit and Environmental and Design Review Permit to allow the establishment and operation of a community garden on a 15,480 -square -foot vacant lot; APN: 009-280-08; Light Industrial/Office (LI/O) District; San Rafael Sanitation District, owner: Trust for Public Lands, applicant: Case Numbers: UPI 1-014: ED11-013 EXECUTIVE SUMMARY On behalf of the Canal Community Gardens and Trails Collaborative, the Trust for Public Lands (TPL) has filed Use Permit and Environmental and Design Review Permit applications requesting approval to establish and operate a community garden in the Canal neighborhood. The Canal Community Garden is proposed to be sited on a vacant lot located at the southwest corner of Bellam Boulevard and Windward Way. The garden would contain up to 92 raised planting beds, ancillary garden uses and site landscaping. The proposal includes a request to reduce the amount of required on-site parking. As the garden would serve the residents of the Canal neighborhood, much of users would walk or cycle to/from the garden. As discussed in this report, staff concludes that the project, as proposed and as conditioned, is consistent with the San Rafael General Plan 2020, and complies with all applicable zoning development standards. The City Traffic Engineer has reviewed the request for parking reduction finding it to be reasonable and justified. A draft resolution has been prepared (see attached Exhibit 2) outlining findings and recommended conditions to support project approval. RECOMMENDATION It is recommended that the Planning Commission adopt the Resolution (attached) approving the Use Permit and Environmental and Design Review Permit PROPERTY FACTS Address/Location: I Bellam Blvd/Windward Way Parcel Number(s): 009-280-08 Property Size: 1 15,580 square feet I Neighborhood: I Canal Neighborhood Site Characteristics General Plan Designation Zoning Designation Existing Land -Use Project Site: Light Industrial/Office LI/O District Vacant North: Medium Density Residential MR3 District Residential East: Parks and Open Space P/OS District Vacant South: Light Industrial/Office LI/O District Vacant West: General Commercial GC District Restaurant REPORT TO PLANNING COMMISSION -Case Nos: UP11-014 and ED11-013 Page 2 Site Description/Setting: The project site is located at the southwest corner of Bellam Boulevard and Windward Way. The property is approximately 15,580 square feet in size, is level and vacant. The site is owned by the San Rafael Sanitation District. While in 1984, the City of San Rafael accepted an offer of conveyance from the Sanitation District, property ownership has remained with the District. Improvements along the Bellam Boulevard and Windward Way frontages include sidewalks, full curbs and on -street parking. The project site is bordered by Picante Restaurant to the west and vacant lands to the south and east. North of Bellam Boulevard are residential communities including Baypoint Lagoon, Ecology House and Rafael Bay Townhomes. BACKGROUND Prior to 2005, the Pickleweed Community Park, located at 40 Canal Street included a large and active community garden. The garden served the residents of the greater Canal neighborhood. In 2005, the Pickleweed Community Center was renovated and expanded. As a result, the community garden was eliminated and never replaced. Since then, there have been numerous efforts to re-establish a community garden at other locations in the Canal neighborhood. Schoen Park, which is located east of Pickleweed Community Park was initially considered for a re-established community garden but was rejected because of its limited size, presence of trees and direct exposure to bay front winds. In 2007, a more organized effort to re-establish a community garden was initiated and the Canal Community Gardens and Trails Collaborative was formed. This collaborative includes, among others, representatives from the Canal Alliance, Marin Master Gardeners, Conservation Corps North Bay and the Marin County Board of Supervisors. In 2008, the Trust for Public Lands (TPL) was introduced to assist in facilitating the project. TPL was commissioned to provide community outreach, coordinate the design of the garden and manage fundraising. With grant funding from the Marin Community Foundation, TPL pursued the community process and design. In 2009, the subject site was selected for the community garden. In 2010, the community garden use of this site was endorsed by the Park and Recreation Commission and the City Council. PROJECT DESCRIPTION The project proposes the establishment and operation of the Canal Community Garden on the project site. The use, as well as site and architectural improvement components are described below: Use ➢ The community garden is intended to serve the residents of San Rafael. While all residents of San Rafael would be eligible to participate in the garden, the primary purpose and goal of the garden is to provide a service to the residents of the Canal neighborhood. Garden users would be selected on a first -come -by -first -serve basis, with a yearly rotation if there is a waiting list. Garden users would rent a planting bed, which, at present is estimated to rent for $30.00 or $60.00 per year, depending upon bed size. ➢ The garden area is proposed to include raised planting beds for users and a central common area that would contain: a greenhouse; a working shed that includes individual lockers for users; a shade trellis with tables and benches; and composting bens. This garden area would occupy approximately 90% of the site and would be fenced. The remaining 10% of the site area located outside of the fence would be landscaped. REPORT TO PLANNING COMMISSION -Case Nos: UP11-014 and ED11-013 Page 3 ➢ The proposal includes a request for a reduction to the parking requirements set forth in the Zoning Ordinance (SRMC Title 14). While the Zoning Ordinance does not specify a parking standard for a community garden, the project proposes to limit on-site parking to one, van - accessible (ADA -compliant) parking space accessed from Windward Way. All other garden parking would rely on use of on -street parking along the Windward Way and Bellam Boulevard frontages. ➢ The garden would be open and available for use from sunrise to sunset, seven days per week, which is consistent with City public park hours. Therefore, no exterior lighting is proposed for garden. ➢ The community garden would be managed by the Canal Alliance. The Canal Alliance proposes to have a part time manager that would oversee garden maintenance in partnership with an elected garden board made up of gardeners. Site and Architectural Improvements ➢ Ninety-two raised planting beds are proposed to be arranged in a geometric pattern sited around the central common area. The raised beds would be constructed of redwood boards and posts and raised 12 -inches from grade. ➢ A 110 -square -foot, 12 -foot -tall greenhouse is proposed in the central common area. The greenhouse would include two potting tables and is constructed of metal framing places above a concrete foundation wall and footing. The remaining surface of the greenhouse would be safety glass. ➢ A 120 -square foot, 10 -foot tall shed is proposed in the central common area. The shed would provide storage area and user lockers. This pre -fabricated structure (Tuff -Shed) would be surfaced with painted wood siding and trim, and an asphalt shingle roof. ➢ Two, 10 -foot tall wood trellis structures are proposed in the central common area. The trellis structures would be constructed of redwood. Pockets for vine plantings are proposed as the base of each structure post for the trellis. Tables and benches are proposed below the trellis. ➢ Four trash receptacles and two compost bins are proposed in the central common area. ➢ The common area and entrance path would be surfaced with concrete pavement, which would be ADA -compliant. The access paths bordering the planting beds would be decomposed granite. ➢ Six secured hose bibs (accessible by key) are proposed throughout the garden for the garden users and management. However, a drip irrigation system equipped with a solar -powered controller is proposed for the common area and perimeter landscaping. ➢ The garden would be enclosed by a six-foot high vinyl -coated chain link fence, which would provide security yet be transparent for visual inspection from the public street. Three secured access gates are proposed (accessed by key) with the main access from Windward Way. ➢ The garden would be surrounded by a landscape setback, which has an average width of 10 feet. The landscape palette includes a combination of native ground cover and shrubs. To address water quality runoff requirements, a vegetated bio-swale is proposed along the western landscape setback and would be planted with a variety of grasses and ground cover. ➢ One, small monument sign is proposed at the Bellam Boulevard entrance to the garden. REPORT TO PLANNING COMMISSION - Case Nos: UPI 1-014 and ED11-013 Page 4 It should be noted that no on-site restroom is proposed to be constructed and provided for the community garden. TPL has been working on an agreement with the owner of the adjacent Picante Restaurant for use of the restaurant restrooms. Planning Applications: • Use Permit. The Use Permit is required to approve the establishment and operation of a public/quasi-public recreation use in the LI/O District. In addition, a Use Permit is required to grant the approval of a reduction to the required parking standards set forth in the Zoning Ordinance. • Environmental and Design Review Permit, The Environmental and Design Review Permit is required to approve the design of the community garden site and architectural improvements, as required by SRMC Chapter 14.25. ANALYSIS San Rafael General Plan 2020 Consistency: The project has been reviewed for consistency with the San Rafael General Plan 2020. The community garden use is consistent with the General Plan goals and policies that are pertinent to the site and use. A summary of the key policies is provided as follows: LU -4. Reasonable Interim Use of Property. Allow a landowner reasonable interim use of property in areas where development is precluded pending needed traffic improvements. Structures should not be permanent, and uses should be low - or off-peak traffic generators. Response: Consistent. The community garden provides an excellent interim use of this vacant lot. The use proposes minimal site improvements while presenting a use that would be beneficial to the neighborhood and community. LU -14. Land Use Compatibility. Design new development in mixed residential and commercial areas to minimize potential nuisance effects and to enhance their surroundings. Response: Consistent. The community garden is low-key in its design and improvements. The extent of landscape setback proposed along Bellam Boulevard and Windward Way would be generally consistent with the landscape setbacks of neighboring developed sites. NH -14. Gathering Places and Events. To spark social interaction and create a greater sense of community, encourage both daytime and nighttime gathering places and events in appropriate locations, such as cafes, restaurants, outdoor eating places, bookstores, shopping facilities, libraries, schools, churches, parks, recreation facilities, community gardens, farmers' markets, transit stops, parks, recreation facilities, commercial facilities, cultural facilities, teen facilities, and City -sanctioned street closures for festivals, parades, and block parties. Response: Consistent. The community garden would replace and valuable neighborhood resource that was lost with the 2005 renovation and expansion of the Pickleweed Community Center. The garden would provide a gathering place for neighborhood residents and would promote education on agriculture and sustainability. NH -57. City Lot at Southwest Corner of Bellam and Windward Way. Use this site, or proceeds from development of the site, to provide needed neighborhood services. REPORT TO PLANNING COMMISSION -Case Nos: UPI 1-014 and ED11-013 Page 5 Response: Consistent. The community garden would provide a needed neighborhood service. PR -16. Community Gardens. Continue to support and maintain community gardens and look for ways to sustain the gardens. ➢ Response: Consistent. The community garden would be managed and maintained by the Canal Alliance. As discussed above, the Canal Alliance proposes to have a part time manager that would oversee garden maintenance in partnership with an elected garden board made up of gardeners. Climate Change Action Plan (CCAP) The proposed community garden use is consistent with the City -adopted Climate Change Action Plan (CCAP). CCAP Program EN5 encourages the creation of community gardens, including possible use of surplus City properties. Zoning Ordinance Consistency: Use Consistency with Zoning The community garden use is appropriate for the proposed location and consistent with the conditional uses allowed in the LI/O District. As supported by the findings presented in the attached, draft resolution, the community garden use would be compatible with surrounding uses, would not be detrimental to the safety or welfare of neighboring properties or improvements, and would provide a needed neighborhood - serving use. Operational conditions are recommended, which are outlined in the attached, draft resolution (Exhibit 2). Parking Reduction Consistent with SRMC Section 14.18.040B, the City Traffic Engineer has studied the parking needs for the community garden finding that a reduction to one, on-site parking space and reliance on on -street parking along Windward Way and Bellam Boulevard (approximately 8 parking spaces) is reasonable and appropriate, and would not be detrimental to the health, safety or welfare of garden uses, pedestrians or neighboring properties in that: a) on -street, curbside parking along Windward Way and Bellam Boulevard is ample and available given the very limited land development along Windward Way; and b) parking demand for garden users is expected to be very low given that users are neighborhood residents and pedestrian/bicycle access to and from the garden is expected to be high. Design Conformance with Environmental and Design Review Permit Criteria As supported by the findings presented in the attached, draft resolution, the design of the community garden is consistent with the criteria required for the approval of an Environmental and Design Review Permit. The types of proposed improvements including garden structures, fencing and landscaping would present a competent design that is in keeping with the improvements of neighboring, developed properties. Given the limited level of site improvements and small structures, the project was not referred to the Design Review Board for review and comments (SRMC Section 14.25.070). ENVIRONMENTAL DETERMINATION The community garden use and improvements have been reviewed to determine if this project is subject to environmental review. Per California Environmental Quality Act (CEQA) Guidelines Sections 15303 (New Construction) and 15304 (Minor Alternations in Land), the project is categorically exempt from environmental review. Prior to determining that this project is exempt from environmental review, potential project impacts were considered. The project is located in a traffic -sensitive area and is near a signalized intersection that presently operates beyond capacity (LOS E) during the weekday, AM peak hour. As part of this review, the City Traffic Engineer considered site trip generation and potential impacts of project traffic on local REPORT TO PLANNING COMMISSION -Case Nos: UPI 1-014 and ED11-013 Page 6 intersections. The City Traffic Engineer has determined that the community garden would not result in substantial new traffic and that payment of citywide traffic mitigation fees was not warranted in that: a. While the community garden project would generate new vehicle trips, most trips would occur during off-peak periods (midday and weekends). b. Most new vehicle trips would be modest as many of the community garden users would be residents of the Canal neighborhood where there is a high percentage of pedestrian and bicycle trip travel. C. The community garden would not result in the construction of permanent buildings and development, which would trigger the payment of citywide traffic mitigation fees. NEIGHBORHOOD MEETING / CORRESPONDENCE No neighborhood meeting was held on this project. However, as the project facilitator, TPL coordinated community outreach. Notice of public hearing for the project was conducted in accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and occupants within a 300 -foot radius of the subject site, numerous Homeowners Associations, and all other interested parties, 15 calendar days prior to the date of all meetings, including this hearing. (Exhibit 5). To date, no correspondence has been received. OPTIONS The Planning Commission has the following options: 1. Approve the applications as recommended. 2. Approve the applications with certain modifications, changes or additional conditions of approval. 3. Continue the applications for additional information or response to the Commission comments or concerns. 4. Deny the project applications and direct staff to return with a revised resolution. EXHIBITS 1. Vicinity/Location Map 2. Draft Resolution Recommending Approval of Use Permit and Environmental and Design Review Permit 3. Canal Community Garden Project Summary prepared by Trust for Public Lands (TPL), dated - stamped as received on June 9, 2011 4. Parks and Recreation Commission meeting minutes, September 18, 2010 5. Public hearing notice 6. Project Plans (distributed to Planning Commission only) Canal Community Garden - BW Corner of Bellem Boulevard and W ndwam Way EXHIBIT 1 3pq 60 234.245 i 351;361 ,� mph „v 308 fiq x; .. _.. ; -------- 316 72 b' , 32q - 806 1 _ ev� 116 120 O j e � 124 - 47 728$ �' ^ x 1 oo -105 57 49 rlI�� 1 1 `f f Og 55 51 110 53 13 3260 3250 j x. �� 41 QS 9j 3240 .w� l y 46 '4 2 90 N SCALE 1: 2,461 200 0 200 400 600 FEET Thursday, June 23, 20119:26 AM EXHIBIT 2 RESOLUTION NO. 1I - RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION CONDITIONALLY APPROVING A USE PERMIT (UPI 1-014) AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED11-013)TO ALLOW THE ESTABLISHMENT, DEVELOPMENT AND OPERATION OF A COMMUNITY GARDEN (CANAL COMMUNITY GARDEN) ON A 15,480 -SQUARE -FOOT VACANT LOT LOCATED AT THE SOUTHWEST CORNER OF BELLAM BOULEVARD AND WINDWARD WAY (APN 009-280-08) WHEREAS, in 2005, the Pickleweed Community Center located at 40 Canal Street was renovated and expanded. As a result of this renovation and expansion, a large and active community garden was eliminated and never replaced on the Pickleweed Park lands; and WHEREAS, since 2005, there have been numerous efforts to re-establish the community garden at other locations in the Canal neighborhood. Schoen Park, which is located east of Pickleweed Park was originally considered for a re-established community garden site, but was rejected given its limited size, the presence of large trees and direct exposure to bay front winds; and WHEREAS, in 2007, the loss of the community garden was brought to attention of Marin County Supervisor Steve Kinsey. Supervisor Kinsey was requested to assist in initiating a more organized effort to re-establish a community garden. In response, the Canal Community Gardens and Trails Collaborative was formed, which included representatives from, among others, the Canal Alliance, Marin Master Gardeners, Conservation Corps North Bay and the Marin County Board of Supervisors; and WHEREAS, in 2008, the Trust for Public Lands (TPL) was introduced to the Canal Community Gardens and Trails Collaborative to provide assistance in facilitating the community garden project. TPL was commissioned to provide community outreach, coordinate the design of the garden and to manage fundraising; and WHEREAS, in 2009, after a search of local sites, the City of San Rafael Community Services Department suggested use of the vacant, 15,580 -square -foot lot located at the southwest corner of Bellam Boulevard and Windward Way. This lot is owned by the San Rafael Sanitation District. On September 16, 2010 the community garden use proposal for this property was presented to and endorsed in concept by the City of San Rafael Park and Recreation Commission; and WHEREAS, on October 18, 2010, the City Council approved a request to use the subject Bellam Boulevard/Windward Way site for a community garden; and WHEREAS, on February 18, 2011, Use Permit and Environmental and Design Review Permit applications were filed with the City Planning Division proposing the establishment, development and operation of a community garden (Canal Community Garden) on the vacant lot located at the southwest corner of Bellam Boulevard and Windward Way. The Use Permit is required for two reasons: a) the community garden is located within the LI/O zoning district, which permits a public/quasi-public use that provides recreation and education, subject to the approval of a Use Permit; and b) the garden project proposes a reduction in the amount of parking required by the San Rafael Municipal Code. The planning applications propose a fenced/secured garden containing 92 raised planting beds, two greenhouses, an equipment storage and work shed 2-1 EXHIBIT 2 that contains 100 lockers, a large trellis with four tables and benches, composting bins and one accessible (ADA) parking space; and WHEREAS, following the filing of the Use Permit and Environmental and Design Review Permit applications, the project was reviewed to determine if it is subject to environmental review. As part of this review, the City Traffic Engineer considered site trip generation and potential impacts of project traffic on local intersections. The City Traffic Engineer has determined that the community garden would not result in substantial new traffic and that payment of citywide traffic mitigation fees was not warranted in that: a. While the community garden project would generate new vehicle trips, most trips would occur during off-peak periods (midday and weekends). b. Most new vehicle trips would be modest as many of the community garden users would be residents of the Canal neighborhood where there is a high percentage of pedestrian and bicycle trip travel. C. The community garden would not result in the construction of permanent buildings and development, which would trigger the payment of citywide traffic mitigation fees. Following a review of potential traffic impacts, it was determined that proposed activity is Categorically Exempt from environment review, per Section 15303 (New Construction) and 15304 (Minor Alternations of Land) of the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, on June 28, 2011, the Planning Commission held a duly noticed public hearing on the proposed Use Permit and Environmental and Design Review Permit applications, accepting all public testimony and the written report of the Department of Community Development; 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 Planning Commission makes the t following findings be to support the approval of Use Permit UPI 1-014 and Environmental and Design Review Permit ED 11-013 for the proposed Canal Community Garden project: Findings for Use Permit (UP11-013) In accordance with the SRMC 14.22.080. Findings, following findings are required for approval of a use permit: As proposed and as conditioned, the Canal Community Garden use is in accord with the San Rafael General Plan 2020, the objectives of the Zoning Ordinance, and the purposes of the Light Industrial/Office zoning district in which the site is located in that: a. The community garden would be consistent with General Plan Land Use Policies, specifically LU -4 (Reasonable Interim Use of Property) and LU -14 (Land Use Compatibility) in that it would: 1) provide a reasonable and appropriate interim land use for this vacant site in an area with constrained traffic conditions that stifle permanent land development opportunities; and 2) propose a land use that is compatible with the surrounding commercial and residential land uses. b. The community garden would be consistent with General Plan Neighborhood Element Policies NH -2 (New Development in Residential Neighborhoods), NH -11 (Needed Neighborhood -Serving Uses), NH -14 (Gathering Places and Events) and NH -57 (City Lot at SW Corner of Bellam and Windward Way) in that: 1) the use and nature of the 2-2 EXHIBIT 2 property improvements would not impair or impact the character of the residential neighborhood located north of Bellam Boulevard; 2) the community garden would provide a needed neighborhood -serving use; and 3) the garden would provide a neighborhood resident gathering place for interaction. c. The community garden would not conflict with San Rafael General Plan 2020 Circulation Policy C-5 (Traffic Level of Service Standards) and would be consistent with Policy C-8 (Eliminating and Shifting Peak Hour Trips) in that: 1) it is a use that generates little traffic during the weekday AM and PM peak hours, so it would have limited if any impacts on local intersections operating near or at capacity (e.g., intersection of Bellam and Kerner Boulevards); and 2) it is sited in close proximity to the residences of garden users (Canal residents) so pedestrian and bicycle access to and from the garden is projected to be high. d. The community garden would supplement the recreational needs of the Canal neighborhood, which would be consistent with General Plan 2020 Parks and Recreation Element Policies PR -3 (Neighborhood Recreation Needs) and PR -16 (Community Gardens). e. The project consistent with the provisions of the Zoning Ordinance (San Rafael Municipal Code Title 14) as it: 1) is a conditionally permitted use in the Light Industrial/Office (LI/0) District; 2) would be open from dawn to dusk, which are the same hours of operation for City of San Rafael public parks; and 3) incorporates design and operational measures to comply with adopted noise and property design standards. 2. As conditioned, the proposed Canal Community Garden use 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 use is proposed to be contained by a fence and security gate, which would ensure the safety of the garden users and their planting improvements. b. The use includes a generous landscape setback sited between the property line and the fenced garden, which maintains adequate sight distance along Bellam Boulevard and Windward Way and provides adequate land area for the required filtration of site runoff. c. The garden rules and regulations would prohibit the use of pesticides and herbicides, limiting pest management to compliance with the City's Integrated Pest Management Program. d. Lastly, the project has been reviewed by Community Development Department and other appropriate City Departments and conditions have been applied to minimize potential impacts to the public health, safety and welfare. 3. As conditioned, the proposed Canal Community Garden use would comply with each of the applicable provisions of the LI/O District contained in the Zoning Ordinance. The project would also comply with other applicable provisions in the Zoning Ordinance. 4. The proposed community garden use is consistent with the City -adopted Climate Change Action Plan (CCAP). CCAP Program EN5 encourages the creation of community gardens, including possible use of surplus City properties. 5. As recommended, this Use Permit authorizes the approval of a parking reduction to allow one, off-street accessible (ADA compliant) parking space complying with ADA and reliance on on -street parking to meet the project parking needs. The City parking provisions (San Rafael Municipal Code Section 14.18.040) require that a parking study be conducted to determine on-site parking needs for a public service use. Consistent with SRMC Section 14.18.040B, the City Traffic Engineer has studied the parking needs for the community 2-3 EXHIBIT 2 garden finding that a reduction to one, on-site parking space and reliance on on -street parking along Windward Way and Bellam Boulevard (approximately 8 parking spaces) is reasonable and appropriate, and would not be detrimental to the health, safety or welfare of garden uses, pedestrians or neighboring properties in that: a) as approved, the community garden use would rely on the use of on -street, curbside parking along Windward Way and Bellam Boulevard, which is ample given the very limited land development along Windward Way; and b) parking demand for garden users is expected to be very low given that users are neighborhood residents and pedestrian/bicycle access to and from the garden is expected to be high. Findings for Environmental and Design Review Permit (ED11-013) In accordance with SRMC 14.25.090. Findings, following findings are required for approval of an Environmental and Design Review Permit: As proposed and conditioned, the Canal Community Garden design is in accord with the pertinent policies of the San Rafael General Plan 2020, the objectives of the Zoning Ordinance, and the purposes of the LI/O zoning district in which the site is located in that: a. The community garden design would be consistent with General Plan 2020 Community Design Element Policies CD -16 (Property Maintenance), CD -18 (Landscaping) , CD -19 (Lighting) as it would: 1) provide improvements to a vacant site that would facilitate continued property maintenance; 2) provide landscaping that would be compatible with the surrounding neighborhood and improve the appearance of this property; and 3) propose no exterior lighting that would result in light or glare impacts to neighboring properties. b. The community garden design would be consistent with San Rafael General Plan 2020 Parks and Recreation Element Policy PR -16 (Community Gardens) as it proposes a well designed and secured facility that would promote maintenance and support sustainability. c. The community garden would be in conformance with as it proposes: 1) a competent design that is harmonious with the subject property and surrounding improvements; 2) adequate on-site drainage that has been reviewed and approved by the City Engineer; and 3) facility improvement materials and colors that would be compatible with the site and the surroundings. 2. As proposed and conditioned, the Canal Community Garden project is consistent with the LVO District adopted for the property. While the LI/O District is primarily intended to address light industrial and office land uses in a suburban setting, this district permits public service uses, such as the proposed community garden. The community garden has been designed to comply with the development standards of the LI/O District including the proposed landscape setbacks along the Windward Way and Bellam Boulevard frontages, the security fencing and the landscape details. 3. As approved with a parking reduction authorized by Use Permit UPI 1-014, the proposed project complies with the Chapter 14.18 Parking Standards in terms of parking space dimensions and the number of required parking spaces. The single parking space that is proposed on-site is designed to be in compliance with ADA standards. 4. The project design would not result in potential adverse environmental impacts. It has been determined that the proposed improvements and activities associated with the Canal Community Garden use is categorically exempt from environmental review per CEQA Guidelines Sections 15303 and 15304. 2-4 EXHIBIT 2 As conditioned, the design of the community garden below will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity of the project site, or to the general welfare of the City of San Rafael in that: a) the proposed project has been reviewed by appropriate City departments and conditions have been recommended to address public health, safety and welfare; and b) the project design includes features such as landscape setbacks, drainage and storm water filtration and security fencing. 6. As designed, the community garden would comply with the criteria required for approving an Environmental and Design Review Permit, as set forth in SRMC Section 14.25.050 (Review criteria) in that the plans present: a) a competent design that carefully considers site features, access, parking, and drainage; and b) architectural features and improvements (garden structures, furniture and fencing) that is appropriate for an interim use of the property yet compatible with the improvements of surrounding, developed properties; and c) a landscape plan that is consistent with the pattern of landscaping on neighboring properties. BE IT FURTHER RESOLVED, that the Planning Commission approves Use Permit UPI 1-014 and Environmental and Design Review Permit ED11-013 subject to the following conditions: Use Permit Conditions of Approval (UP11-014) General and On-going Community Development Department Planning Division 1. Except as modified herein, this Use Permit (UPI1-014)authorizes the establishment and operation of a community garden on a 15,480 -square -foot vacant lot as shown on the approved plans prepared by Sherwood Design Engineers, date stamped as received on June 9, 2011. The Use Permit authorizes a community garden use with the following components: a. 92 raised planting beds; b. Two greenhouses; c. An equipment storage and work shed with 100 lockers; d. A large trellis with tables and benches; e. Composting bins; £ A security fence and gate; and g. One on-site accessible parking space (ADA -compliant). Any modifications or revisions to the project shall be subject to the review and approval of the Community Development Department, Planning Division. Modifications deemed to be major by the Community Development Director shall require review and approval by the Planning Commission, if necessary. 2. This Use Permit (UP 11-014) shall be valid for the life of the project provided that a building permit is obtained from the City's Community Development Department and the community garden use is in operation within two (2) years of this approval of this approval. Failure to obtain a building permit and initiate the use, or apply for a time extension by the specified date, will result in expiration of this Use Permit. 2-5 EXHIBIT 2 3. The project sponsor shall be responsible for implementing a trash recycling program, which shall also include the installation of recycling receptacles for garden users. Trash receptacles shall be placed on the project site. 7. All landscaping shall be maintained in good health through the life of the project. Any dying or dead landscaping shall be replaced in a timely fashion and all landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. 8. All site improvements, including but not limited to the site fencing, paths, exterior building surfaces (shed, greenhouse, trellis and paving shall be maintained in good, undamaged condition at all times. Any damaged improvements shall be replaced in a timely manner. 9. The Use Permit does not authorize or approve exterior lighting for evening use. Exterior lighting shall be limited to security lighting as required and approved by the City Police Department. 10. On-site composting is authorized but all materials shall be contained within closed bins. No on-site stockpiling of compost or manure material is authorized. 11. This Use Permit approves a parking reduction to one (1), on-site accessible (ADA -compliant) parking space as shown on the approved site plans. 12. Failure to comply with any of the conditions of approval may result in the revocation of the Use Permit. The San Rafael Planning Division can initiate revocation hearing regarding this Use Permit (UPI 1-014) before the Planning Commission to revoke the Use Permit. 13. A sign shall be posted in the common area of the garden noting the name and contact information for the garden management (Canal Alliance). Public Works Department 14. This operation of the community garden shall comply with the City's Integrated Pest Management program. Signs shall be posted and maintained within the garden area notifying garden users of the rules and consequences for using pesticides and herbicides that are not allowed on the IPM. Environmental and Design Review Permit Conditions of Approval (ED07-038) General Conditions Community Development Department, Planning Division 1. The design of the proposed project shall be the same as presented in plans (Sherwood Design Engineers) and materials submitted by the applicant and date-stamped as received by the City of San Rafael on June 9, 2011. Any modifications or revisions to the project shall be subject to review and approval of the Community Development Department, Planning Division. 2. This Environmental and Design Review Permit (EDI1-013)shall be valid for two (2) year of this approval and shall become null and void if the proposed facility use has not commenced operation and the required conditions of approval are not implemented and operational by the EXHIBIT 2 above date. Continued compliance with all conditions of approval shall be required for the duration of the use. Prior to the issuance of a Building Permit or Construction -Related Permits Community Development Department Planning Division 3. A final landscape and irrigation plan shall be submitted to Community Development Department for review and approval of the Planning Division and the Department of Public Works subject to the following: a. A row of trees shall be installed within the 10 -foot landscape setback along both the Bellam Boulevard and Windward Way frontages. The project landscape architect/designer shall select a tree species that is appropriate to the site and soil conditions and can achieve a generous canopy. Trees shall be planted at a 24 -inch box size and spaced at 20 -foot intervals. b. The final landscape and irrigation plan shall be designed to comply with Marin Municipal Water District (MMWD) Water Conservation Ordinance No. 421. The final plans submitted with a building and/or grading permit application shall demonstrate proof of plan approval by MMWD (written approval or stamped plans). Communi1y Development Department Building Division 4. As designed and as approved, the community garden requires the approval of a building permit. All required building -related permits shall be secured prior to commencement of construction. The project sponsor shall prepare and submit a detailed erosion control plan (ECP) and narrative to the Building Division for review and approval. The ECP shall be designed to mitigate erosion and sedimentation impacts during construction. 6. The design and construction of all site alterations shall comply with the 2010 California Building Code, 2010 Plumbing Code, 2010 Electrical Code, 2010 California Mechanical Code, 2010 California Fire Code, and 2008 Title 24 California Energy Efficiency Standards. 7. The monument -type address sign proposed at the garden entrance is approved. The sign shall not exceed 20 square feet in area and six feet in height. The property address numbers shall be posted prominently on a monument sign. 8. The project shall be designed to provide access to the physically disabled in accordance with the requirements of Title -24, California Code of Regulations. Department of Public Works 9. The community garden must be designed to be accessible to the general public and shall be ADA -compliant. The final site plan submitted with the Building Permit application shall include the following: a. One van accessible parking space located on site (9'x18') with an 8' wide accessible aisle meeting UBC standards. b. All features within the garden area need to be accessible. All walk areas shall be 4 feet wide minimum. All features, water spigots, compost beds, green houses shall be accessible. c. The material utilized for the main pathways around accessible planting beds and access to features shall include a binder in order to maintain a compliant surface. It is 2-7 EXHIBIT 2 recommended that cement be added to the decomposed granite path material to compact the surface. d. Install a compliant driveway approach to the main entrance to the facility for accessibility access. 10. The final site plan submitted with the Building Permit application shall include the following: a. The project engineer shall incorporate features that would clean site waters in. accordance with RWQCB and Marin County Stormwater Pollution Prevention Program (MCSTOPPP) standards before they enter the City storm water drainage system. Features can include the installation of grassy swales to connect and filter surface water runoff. b. The existing fire hydrant shall be shown on the plan. c. The existing street corner of Windward Way and Bellam Boulevard has a curb cut that does not meet current standards. The existing ramp shall be replaced with a compliant ramp, as approved by the Department of Public Works. The details for ramp replacement shall be shown on the plan. Marin Municipal Water District (MMWD) 11. The property and community garden use will be eligible for water service upon request and fulfillment of the requirements listed below: a. Complete a High Pressure Water Service Application; b. Submit a copy of the building permit; e. Pay appropriate fees and charges; d. Complete the structure's foundation within 120 days of the date of application; e. Comply with the District's rules and regulations in effect at the time service is requested; f. Comply with the District's Water Conservation Ordinance 421. Plans shall be submitted to MMWD and reviewed to confirm compliance with this ordinance. The following plans are required: 1) Landscape plan 2) Irrigation plan 3) Grading plan for projects with grades over 10%. Any questions regarding the ordinance should be directed to the plan review program manager at (415) 945-1497. You can also find information about the ordinance online at www.marinwater.org. 12. The project shall comply with the MMWD backflow prevention requirements. If, upon the District's review of the final plans backflow protection is warranted, compliance shall include installation, testing and maintenance. Questions regarding backflow requirements should be directed to the MMWD Backflow Prevention Program Coordinator at (415) 945-1559. Fire Department 13. A Knox Box is required to be installed at the gate entrance to the garden. During Grading and/or Construction Community Development Department, Planning Division 14. Construction Hous: Construction hours shall be limited as specified by Municipal Code Section 8.13.050.A which are 7:00 a.m. to 6:00 p.m., Monday through Friday and Saturday from 9:00 a.m. to 6:00 p.m. Construction shall not be permitted on Sundays or City -observed holidays. Construction activities shall include delivery of materials, arrival of construction EXHIBIT 2 workers, start up of construction equipment engines, playing of radios and other noises caused by equipment and/or construction workers arriving at or on the site. 15. Reclaimed water shall be used during construction if available from the Central Marin Sanitation Agency (CMSA) or the Las Gallinas Valley Sanitation District Treatment Plant. The foregoing resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the 281h day of June 2011. Moved by Commissioner AYES: NOES: ABSENT: ABSTAIN: ATTEST: and seconded by Commissioner Robert M. Brown, Secretary Canal_grdn.PC Reso_6.28.11 2-9 Viktoriya Wise, Vice -Chair TILL TRUST fol, PUBLIC LAND CONsrRvmc LAND FOR PEOPLE Western Regional Office 101 Montgomery St. Eleventh Floor San Francisco, CA 94104 T: (415) 495-5660 F: (415) 495-0541 mvw.tpl.org EXHIB17 3 CANAL COMMUNUTY GARDEN Project Summary ' Fy+✓Axe SA �° p, a5 nom° �q• QS Q�aPd - - Sawn O.n,k Pye,ba^ ® Group @ ` 101 � 6r�a.rtm LOCATION: San Rafael, CA Canal neighborhood, corner of Bellam Blvd and Windward Way . SIZE: .35 Acres PROJECT TYPE: Community Garden DESCRIPTION: Residents in the Canal neighborhood have expressed keen interest in being able to grow and produce organic foods close to their homes. When the Pickleweed Community Center was renovated, the adjacent community garden Nvas removed. 5 years later, we are trying to rebuild it. The Trust for Public Land (IPL), a non profit land conservation and park building organization, has offered to fundraise, design and build the garden, in partnership with the City of San Rafael, the owner of the parcel, and Canal Alliance, the management partner of the project. TPL conducted an extensive multi year outreach process to residents in the Canal community, in coordination with many local partners. Through this community engagement, residents worked closely with TPL to produce a final garden design. A large number of organizations have helped to make this project a reality: Canal Alliance, Marin County Board of Supervisors, Marin Master Gardeners, Conservation Corps North Bay, Marin Link, Marin Organics, Canal Community Gardens and Trails Collaborative, Healthy Marin Partnership and TPL. The project has been approved by the San Rafael City Council. SITE FEATURES: The proposed site is an empty lot with easy access to the Canal community. Located on the corner of Bellam Blvd and Windward Way, it is across from a walking and bike path and close to the freeway. No parking was included in the project, as a majority of the users bike or walk to the site from the surrounding neighborhood. Parking would also eliminate a number of beds, a primary concern for residents and users. The improvements to the site will include: (1) greenhouse, ADA accessible (1) shed, ADA accessible, with (100) lockers (1) trellis (92) raised beds, ADA accessible (3) bike racks (4) tables, (2) ADA accessible (6) benches, all ADA accessible Potting table, ADA accessible Compost bins, ADA accessible Trash and Recycling Area Entry signage/bulletin board, designed by residents Centrally located community mosaic art project Concrete and decomposed granite paving Drought tolerant landscaping, including bioswale to resolve existing onsite drainage issues Drip irrigation and (8) hose bibs 6' tall vinyl coated chain link perimeter fence There is no onsite restroom, due to cost implications. TPL and Canal Alliance are in discussions with the adjacent restaurant and store for restroom use in exchange for access to free beds. MANAGEMENT: Canal Alliance and the City of San Rafael have developed an agreement to maintain and manage the garden. Canal Alliance will have a part time manager who will oversee the garden in partnership with an elected garden board, made up of gardeners. All site management and maintenance issues shall be dealt with by Canal Alliance. Issues regarding physical site modifications shall be dealt with by Canal Alliance and the City of San Rafael. Participation dues for the garden are set at $30/$60 per year, based on bed size. Dues cover cost of water, insurance and savings for site repairs. Canal Alliance management will be paid through grants. All residents of San Rafael are able to participate in the garden. Gardeners will be chosen on a first come first serve basis, with a yearly rotation, in the case of a waiting list. Hours of operation will be sunrise to sunset, 7 days per week. The garden will be locked, with (2) perimeter gates. All gardeners, as well as the City and Canal Alliance, will have keys to access the site. Communal gardening equipment, such as wheelbarrows and shovels, shall be kept in the onsite shed. The shed will also have individual lockers, with locks, for gardeners to store equipment. The garden does not have lights or electricity, as it will not be open at night. The communal planting areas will be irrigated via a drip irrigation system with a solar powered controller. Individual beds will use (8) hose bibs with keys, provided to all gardeners, the City, and Canal Alliance. The perimeter vinyl coated chain link fence was selected specifically for its transparency. It will be easy to see into the site and there are few structures to hide behind in the garden. Security of the space should be easily maintained by visual inspection from the street, by neighbors or local police. There will be compost bins onsite to manage green waste. Trash and recycling will be picked up weekly through a contract with Marin Sanitary, a donation of service. The Trust for Public Land Project Summary Sheet—Canal Community Garden EXHIBIT 4 San Rafael Park and Recreation Commission Meeting Minutes, September 16, 2010 Chairman Ralph Mihan called the meeting of the San Rafael Park and Recreation Commission to order at 7:10 p.m. Roll Call: Mark Bustillos, Susan Clark, Eric Holm, Mark Lubamersky, Ralph Mihan, Armando Quintero, Fred Warnecke, Jeff Jones (Alt) Commissioners Present: Susan Clark, Eric Holm, Ralph Mihan, Armando Quintero, Jeff Jones Commissioners Absent: Mark Bustillos, Mark Lubamersky, Fred Warnecke, Staff Present: Director Carlene McCart, Assistant Director Bill Scharf, Parks Superintendent John Tune Action Items A. Review of Proposal for Canal Community Garden Director McCart introduced the item with a review of the May meeting where Trust for Public Land first proposed the Canal Community Garden project to the Commission. The concept was approved, but TPL was requested to return with more in depth information about the management plan and partner for the garden, and commitments from the collaborative partners to the project. McCart reintroduced Meghan Pecaut, The Trust for Public Land to present additional information. Ms Pecaut reiterated the Canal Community Garden proposal was in response to a community outreach process. The design relates to the elements desired by the residents and organizations in the Canal Neighborhood. TPL was granted funding to conduct the community outreach process, create the design, lead the fundraising campaign, develop the design through construction documents, file for all permits, bid the project and provide construction management. Since May, the project has attracted funding and service commitments and a new management organization. Two community meetings were held with 40 participants in attendance. The attendees support the concept for 102 garden plots, outdoor classroom, and other site features included in the concept plan. Further conversation with Marin Master Gardeners and Marin Conservation Corps refined the concept of public education opportunities at the proposed Garden. Construction budgets were updated. The project is now estimated to cost $487,000 to construct and $51,000 to manage annually. Financial partners are under solicitation at present. Matching donors are particularly sought. Visiona Compromiso a non profit organization operating in Northern California was EXHIBIT 4 San Rafael Park and Recreation Commission Meeting Minutes, September 16, 2010 Page 2 originally agreeable to managing the Canal Community Garden after construction. The group no longer has the fiscal capacity to do so. Canal Alliance, a San Rafael non profit operating in the Canal neighborhood met with TPL, project partners and City staff about the management role and has stepped forward to assume it as lead agency. Ms Pecaut Park and Recreation Commission introduced Sandy Poneck, Supervisor of Development for Canal Alliance to elaborate on the organization's suitability for the management role. Ms Poneck reported that Canal Alliance received a three year grant to fund a current program assisting apartment communities in the Canal Neighborhood organize organic garden projects. Four sites are operating communal gardens and more are requesting the services of the project organizers. Maite Duran is the current staff person assigned to the organic gardens project and prepared to assume the staff role for the management of the Canal Community Garden. She is well known in the community and well connected to the gardening industry and organizations in Marin County. Her position will be .5 FTE in this roll. In addition to Ms Duran's administrative position, Canal Alliance anticipates hiring a professional gardener/permaculture specialist 10 hours per week to work with interested youth and young adults in the Canal Community Garden. An Advisory Group of participants in the Garden will be formed to assist in the creation and enforcement of rules and regulations, program development and other issues. Commissioners inquired about funding for the positions. Poneck responded Canal Alliance is seeking grant funds for the two staff positions and the operating costs. Mr. David Escobar, representing Marin County Supervisor Steve Kinsey, stated the community garden is part of a larger vision for the Canal Neighborhood supplementing the County Health Care Center, the Pickleweed Community Center, Marin Square, and other community serving enhancements. The garden project has green value systems and organic gardening opportunities that will benefit the community with focus on health and wellness. Ms Teri Rockas, Kaiser Healthy Marin Partnership spoke for the project. She added the garden project will be one more tool to combat obesity issues and provide insight to healthier choices for children and families. She stated date support links to general population health and diverse demographic opportunities. Commissioner Clark inquired if Kaiser has shown support for the project. Ms Rockas replied that the group has applied for a Kaiser Foundation Grant, and the results will be known in January 2011. Marin Community Foundation has encouraged the project partners to apply for grant funding as well. Commissioner Jones inquired about other funding commitments. Ms Poneck replied as Development Department Director of Canal Alliance, she will consider this core project and work toward full funding. Clark went on to ask how the garden plots will be assigned. Ms Pecaut replied the Advisory Committee will design the assignment system. EXHIBIT 4 San Rafael Park and Recreation Commission Meeting Minutes, September 16, 2010 Page 3 Commissioner Quintero asked if the participants will pay for the use of the garden and programs. Participants will be charged a small fee to pay for maintenance of the Community Garden. Are construction costs covered by fundraising yet? No. Chair Mihan stated that there are many operational details not included in the proposal. He asked that Canal Alliance and TPL return at an appropriate time with an operational plan for the Commission to review. Mr. Escobar replied that interns serving the County researched and prepared reports on four management models operating across the country. From these a model will be selected or created to guide the operations of the Canal Community Garden. Pecaut said that the second half of the community process will focus on operational issues. Mihan continued with a question regarding eligibility for participation in the garden. The Garden will be open to all residents; however there may be a percentage of plots allotted to different demographics to insure diversity. His question regarding security was answered with the assurance that fencing, gates and keys will be utilized and the San Rafael Police have submitted suggestions as well. Fencing and structures will have low profile features to preserve sight lines. The designers are considering switching a restroom facility for the water capture tank to improve the sight lines and service to participants. McCart inserted that Rodger Roberts and Jean Starkweather representing Marin Conservation League both contacted staff and are in support of the project. It was M/s Clark/Holm to approve the proposal for the Canal Community Garden, recommending it to City Council with the provision that amendments to the current plan must be submitted for Commission review. AYES: Susan Clark, Eric Holm, Ralph Mihan Armando Quintero, Jeff Jones NOES: None ABSENT: Mark Bustillos Mark Lubamersky, Fred Warnecke B. Recognition of the Marin Master Gardeners Chair Mihan described his visits to the Mediterranean and Succulent Gardens at the Falkirk Cultural Center. Marin Master Gardeners and City of San Rafael have a five year agreement for the organization to design, install and maintain the two gardens on the grounds of the Cultural Center. Both areas are planted as demonstration gardens, highlighting native and exotic plantings that are suited well to the Marin environment. The gardens are also examples of low water consuming landscape. Now maturing the gardens are attracting tours of local and out of area residents. Sales of plants and seedlings have helped financially support the projects. Marin Master Gardeners have dedicated countless hours to the success of the two gardens and continue to provide maintenance through volunteers. Master Gardeners EXHIBIT 5 Public Hearing Notice Canal Community Gardpn, Bellam Blvd/Windward Wav (UP11-014; ED11-013 SCALE 1 :2,646 200 0 200 400 600 FEET 1 Monday, May 23, 2011 9:50 AM NOTICE OF PUBLIC HEARING - P NNING COMMISSION You are. Invltpri to gttpnri the Planninn C-.nmmiccinn hanrinn — +ho ---4 r..,..,,.+. PROJECT: Bellam Boulevard and Windward Way — Request for Use Permit and Environmental and Design Review Permit to allow the establishment and operation of the Canal Community Garden and associated site and landscaping improvements on a vacant, 15,500 -square - foot site; APN: 009-280-08; LI/O (Light Industrial/Office) District; Trust for Public Lands, applicant; City of San Rafael/San Rafael Sanitation District, owner, ; File No(s).: UP11-014; ED11-013. As required by state law, the project's potential environmental impacts have been assessed. Planning staff recommends that this project will not have a significant effect on the environment and is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15304. If the Planning Commission determines that this project is in an environmentally sensitive area, further studies may be required MEETING DATE/TIME/LOCATION: Tuesday, June 28, 2011, 7:00 p.m. City Council Chambers, 1400 Fifth Ave at D St, San Rafael, CA. FOR MORE INFORMATION: Contact Paul Jensen, Project Planner at (415) 485.5064 or paul.jensen@cityofsanrafael.org. You can also come to the Planning Division office, located in City Hall, 1400 Fifth Avenue, to look at the file for the proposed project. The office is open from 8:30 a.m. to 5:00 p.m. on Monday, Wednesday and Thursday and 8:30 a.m. to 12:45 p.m. on Tuesday and Friday. Due to budget cuts, all City offices are closed the 2nd Monday of each month as a furlough day. You can also view the staff report after 5:00 p.m. on the Friday before the meeting at http://www.cityofsanrafael.org/planninqcommission. WHAT WILL HAPPEN: You can comment on the project. The Planning Commission will consider all public testimony and decide whether to approve or deny the application. IF YOU CANNOT ATTEND: You can send a letter to the Community Development Department, Planning Division, City of San Rafael, P. 0. Box 151560, San Rafael, CA 94915-1560. You can also hand deliver it prior to the meeting. At the above time and place, all letters received will be noted and all interested parties will be heard. If you challenge in court the matter described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered at, or prior to, the above referenced public hearing (Government Code Section 65009 (b) (2)). Appeals of decisions by the Planning Commission to the City Council shall be made by filing a notice thereof in writing with the required fee to the Planning Division of the Community Development Department within 5 working days of a decision involving Title 14 (Zoning) (SRMC Section 14.28.030) or within 10 calendar days of a decision involving Title 15 (Subdivisions) (SRMC 15.56.010). Sign Language and interpretation and assistive listening devices may be requested by calling (415) 485-3085 (voice) or (415) 485-3198 (TDD) at least 72 hours in advance. Copies of documents are available in accessible formats upon request. Public transportation to City Hall is available through Golden Gate Transit, Line 22 or 23. Para -transit is available by calling Whistlestop Wheels at (415) 454-0964. To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products. NOTICE OF PUBLIC HEARING - PLANNING COMMISSION U You are invited to attend the Planning Commission hearing on the following proposed project PROJECT: Bellam Boulevard and Windward Way — Request for Use Permit and Environmental and Design Review Permit to allow the establishment and operation of the Canal Community Garden and associated site and landscaping improvements on a vacant, 15,500 -square - foot site; APN: 009-280-08; LI/O (Light Industrial/Office) District; Trust for Public Lands, applicant; City of San Rafael/San Rafael Sanitation District, owner, ; File No(s).: UP11-014; ED11-013. As required by state law, the project's potential environmental impacts have been assessed. Planning staff recommends that this project will not have a significant effect on the environment and is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15304. If the Planning Commission determines that this project is in an environmentally sensitive area, further studies may be required MEETING DATE/TIME/LOCATION: Tuesday, June 28, 2011, 7:00 p.m. City Council Chambers, 1400 Fifth Ave at D St, San Rafael, CA. FOR MORE INFORMATION: Contact Paul Jensen, Project Planner at (415) 485.5064 or paul.jensen@cityofsanrafael.org. You can also :ome to the Planning Division office, located in City Hall, 1400 Fifth Avenue, to look at the file for the proposed project. The office is open from 3:30 a.m. to 5:00 p.m. on Monday, Wednesday and Thursday and 8:30 a.m. to 12:45 p.m. on Tuesday and Friday. Due to budget cuts, all City )ffices are closed the 2nd Monday of each month as a furlough day. You can also view the staff report after 5:00 p.m. on the Friday before the neeting at htti)://Www.cityofsanrafael.org/planninqcommissi'on. NHAT WILL HAPPEN: You can comment on the project. The Planning Commission will consider all public testimony and decide whether to approve or deny the application. F YOU CANNOT ATTEND: You can send a letter to the Community Development Department, Planning Division, City of San Rafael, P. O. Sox 151560, San Rafael, CA 94915-1560. You can also hand deliver it prior to the meeting. J the above time and place, all letters received will be noted and all interested parties will be heard. If you challenge in court the matter described above, you may be limited to raising my those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered at, or prior to, the above referenced public hearing 3overnment Code Section 65009 (b) (2)). .ppeals of decisions by the Planning Commission to the City Council shall be made by filing a notice thereof in writing with the required fee to the Planning Division of the Community levelopment Department within 5 working days of a decision involving Title 14 (Zoning) (SRMC Section 14.28.030) or within 10 calendar days of a decision involving Title 15 Subdivisions) (SRMC 15.56.010). ign Language and interpretation and assistive listening devices may be requested by calling (415) 485-3085 (voice) or (415) 485-3198 (TDD) at least 72 hours in advance. Copies of ocuments are available in accessible formats upon request ublic transportation to City Hall is available through Golden Gate Transit, Line 22 or 23. Para -transit is available by calling Whistlestop Wheels.at (415) 454-0964. o allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products.