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HomeMy WebLinkAboutCS Community Garden; Canal AllianceM CITY OF SAN RAFAEL SAN P-4FAEL, CALIFORNIA TO: Carlene McCart DATE: August 31, 2012 FROM: Esther C. Beirne SUBJECT: Community Garden Carlene: Herewith two Originals of. M 1) Agreement with Trust for Public Land for Construction of the Canal Community Garden; 2) Facility and Management Agreement with Canal Alliance Could you please have both copies signed by the parties concerned and return one original to this office,, cK7 4�',q 4,-1 ` Note: The Canal Alliance Agreements needs Exhibit B - Proof of Non -Profit 501 C3 Status to be attached. Thanks so much. 1400 Fifth Avenue, Room 209, P.O. Box 151560, San Rafael, CA 94915-1560 Phone: (415) 485-3066 Fax: (415) 485-3133 TDD: (415) 485-3198 Department: Community Services Agenda Item No: 4. a Meeting Date: August 20, 2012 Prepared by: Carlene McCart, Directory -_'� City Manager Approval: SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH TRUST FOR PUBLIC LAND FOR THE CONSTRUCTION OF, AND CANAL ALLIANCE FOR THE MANAGEMENT OF THE CANAL COMMUNITY GARDEN, AT BELLAM BOULEVARD AND WINDWARD WAY RECOMMENDATION: Approve Resolution BACKGROUND: When the Pickleweed Community Center was renovated and expanded in 2004-2006, the former Canal Community Garden operated by Canal Alliance was displaced. In 2007, Marin Supervisor Steve Kinsey organized the Canal Community Gardens and Trails Collaborative, a group of local non-profit agencies that began meeting to re-establish a community garden in the Canal Neighborhood. Several sites were considered. Most were publically held land: the County of Marin Health and Wellness Campus, Pickleweed Park, Schoen Park and the City owned property at the corner of Bellum Blvd. and Windward Way. Due to site constraints on most of the locations, the vacant property on Bellum Blvd and Windward Way was determined to be the most feasible for a Community Garden installation. Trust for Public Land (TPL) received grant funding from the Marin Community Foundation to conduct a community process that resulted in a design concept and plan for a new Canal Community Garden. The concept and design was reviewed starting in May of 2010, by the Park and Recreation Commission and recommended to the City Council by the Park and Recreation Commission in September of 2010. The City Council approved the concept and design in October of 2010. Trust for Public Land initiated the fundraising for the project, estimated to cost $600,000 and preceded through the City planning process, receiving approval from the Planning Commission in May, 2011. Minutes and Staff Report from that meeting are attached. Canal Alliance, a local 5019(c) 3 social service agency serving the Canal Neighborhood of San Rafael was approved by the Commission to be the managing partner for the operation of the Community Garden. a S # - #04 Lq Lei 014 0 OITAMA AM M-01 1-11 M M I I I a I IVA=.] gng M gm: I a Lq File No.: -3 Council Meeting: / 3 Disposition: )et� --;V 4, U '7 61,V 40 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Collaborative, and TPL. The City of San Rafael owns the only land available for this use in the Neighborhood. The City does not have the financial capacity to design, build, maintain or manage a community garden facility. Therefore the concept of a non profit collaborative to utilize City property to install and operate a desired public community garden is the option that makes the project viable. Collaborative TPL has completed the fundraising process, construction documents, permit process, and will provide construction management while the facility is installed. The Agreement calls for TPL to gift the garden back to the City at completion. The managing partner, Canal Alliance, will conduct the day to day operation including soliciting, registering and organizing the participants who will be assigned space in the garden, coordinating educational and demonstration programs, maintenance, and upkeep of the facility for the operation of the facility. The existing Agreement between the City and the Marin Bocce Federation for use of a portion of Albert Park is an example of City owned property, developed and managed by a non profit organization for public recreation. Canal Alliance will be responsible for collection of participant fees, and fund solicitation to maintain operations of the Garden. Canal Alliance will coordinate the partnership groups who have to date committed to the operation the Canal Community Garden which includes TPL, Conservation Corps North Bay, Marin Master Gardeners and others. Site The site was deeded to the City by the Central Marin Sanitary District in 1984. It is located at the southwest corner of Bellarn Boulevard and Windward Way. The property is approximately 15,580 square feet in size, level and vacant. It is not considered for development or other use in the near future. There is a sewer easement over the property. The site is bordered by Picante Restaurant to the West and vacant lands to the South and East. Traffic and parking are adequate to support a community garden facility. Neighborhood and Police Department issues have been incorporated in the design process to assure that the facility is compatible with the surrounding residents and businesses. Paramount to the acceptance of a community garden on this site is sustainable landscape and secured fencing along the outside perimeter of the facility. The construction project will provide a water meter and other utilities to the site. The Proposal calls for a facility with the following amenities: * 92 raised planting beds, constructed of redwood boards and posts, 12 inches from grade, and arranged in a geometric pattern around the central common area. ■ A 110 s/f, 12' tall greenhouse within the common area ■ A 120 s/If 1 -`tall shed for storage and user lockers. ■ Composting bins. * 2, 10' tall redwood trellis structures for the common area to shade tables and benches • Concrete paths from the entrance to and around the common area. Paths bordering the planting beds will be decomposed granite. Is ■ A drip irrigation system equipped with a solar -powered controller in the common area and perimeter landscaping. ■ 6 secured hose bibs, accessed by key for garden uses. ■ 6' vinyl -coated chain link fence to provide security around the perimeter of the garden, transparent for visual inspection from the street, with 3 secured access gates; the main gate facing Windward Way. ■ Perimeter landscape with an average width of 10' of a combination of native ground cover and shrubs. ■ A vegetated bio-swale along the western landscape swath planted in a variety of grasses and groundcover. ■ A monument sign at the Bellam Boulevard entrance to the Garden. The construction costs are estimated to be in excess of $600,000 Initial project development funding was provided by Marin Community Foundation. Trust for Public Land has conducted the capital campaign and will contribute the final $90,000 to the project construction cost. Timeline With approval, construction will begin in September 2012. The project is estimated to take two months to construct. Users will be solicited, registered and permitted to begin winter planting as early as December of this year. Operation The use of the Canal Community Garden will be for the recreational benefit of the residents of San Rafael. Participation in the Garden, or programs conducted there will be available to the public. Hours of operation will be sunrise to sunset, seven days per week, year-round. The Canal Community Garden will be open to residents of the City of San Rafael for an annual participation fee per garden plot. Plots are of varied sizes to suit different ages, abilities, and time commitment. Rules and Regulations for participants will be determined by the participating gardeners with the direction of the managing partner, Canal Alliance. The facility will be utilized for community education and demonstration programs, also coordinated by Canal Alliance. The Agreement between the City and Canal Alliance stipulates goals for the program, deliverables, financial reporting, etc. Canal Alliance is proposed as the management partner for the Community Garden. and annual operating budget is projected at $29,600. Marin County Supervisor Steve Kinsey has secured $25,000 for funding operations for the first year, and pledged to assist in identifying funding going forward. Participant fees, estimated to be $30-$60 per year, will provide the balance of the funds needed for operations. The non profit organization will commit a part- time employee who will coordinate the Garden users and organize and conduct volunteer efforts to maintain the facility. The manager will coordinate the other collaborative partners like the Conservation Corps North Bay, who has agreed to larger scale maintenance such as irrigation repair, drainage maintenance, gate and fencing repair. Funding to support the management is the responsibility of Canal Alliance. FISCAL IMPACT: All associated costs for the Canal Community Garden will be assumed by the construction and management partners. No City funding or staffing resources are available for this project. Staff will provide oversight to the project and its management, monitoring the Agreements going forward. 0 0 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 OPTIONS: 1. Approve the Resolution Authorizing the City Manager to enter into Agreements with Trust for Public Land for the Construction of and Canal Alliance for the Management of the Canal Community Garden, at Kerner Boulevard and Windward Way. 2. Request staff to modify one or both of the Agreements 3. Reject one or both of the Agreements. ACTION REQUIRED: Approve the Resolution Encls. Exhibit A Resolution Exhibit B Agreement Between The City Of San Rafael And The Trust For Public Land For Construction Of The Canal Community Garden Exhibit C Facility Use And Management Agreement Between The City Of San Rafael And Canal Alliance For The Canal Community Garden Exhibit D Site Map Exhibit E Development Plan Exhibit F Minutes of the September 16, 2010 Meeting of the San Rafael Park and Recreation Commission Exhibit G Resolution of the San Rafael Planning Commission Conditionally Approving a use Permit and Environmental and Design Review Permit to Allow the Establishment, Development and Operation of a Community Garden (Canal community Garden) on a 1 5,480-Swau re- Foot Vacant Lot Located at the Southwest Corner of Bellam Boulevard and Windward Way RESOLUTION NO. 13400 & RESOLUTION 0yTHE CITY COUNCIL DFTHE CITY OF SAN RAPAE[T0 AUTHORIZE THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH TRUST FOR PUBLIC LAND FOR THE CONSTRUCTION OF, AND CANAL ALLIANCE FOR THE MANAGEMENT OFTHE CANAL COMMUNITY GARDEN, KBDNCKBOULEVARD AND WINDWARD WAY WHEREAS, the CITY owns certain real property located at the southwest comer of the intersection of BeUum Boulevard and Windward Way in the Canal neighborhood of San Rafael, which property iuknown as Assessor Parcel No. 09-280-08; and WHEREAS, in 2005' the PicWep/ecd Park Community Center located o14OCanal Street was renovated and expanded, during which the community garden facility was eliminated; and WHEREAS, since 2005' interest has been demonstrated and numerous efforts made to re-establish n community garden in the Canal Neighborhood by community groups, concluding that the City -owned property at 8dlao`Boulevard and Windward Way iythe most feasible property for the project; und WHEREAS, the City does not have capacity \odesign, hui|d, maintain or manage ucommunity garden facility, therefore the concept of non profit collaborative to utilize City property to install and operate u desired public community garden is a realistic approach to accomplish this goal; and WHEREAS, in2007Marin County Supervisor Steve Kinsey assisted ininitiating the Canal Community Gardens and Trails Collaborative, consisting of representatives from Canal Alliance, Marin N4as&x Gardeners, Conservation Corps North Bay, the Supervisor's office and City of San Rafael: and WHEREAS, in2U08,Trust for Public Lund([PC), through ugrunt from Marin Community Foundation, was cumnmiaskoncdtoprovide community outreach, coordinate the design of the proposed garden. and conduct the capital campaignfor the and WHEREAS, TPLsponsored and held aseries u[public workshops in 2OlOthat produced ucommunkv Supported conceptual plan for a community garden at the project site; and WHEREAS, in Septembero[2O}0. the Sun Dufbr| Park and Recreation Commiynion, after several months of review, approved and recommended the project proposal as presented by TPL. and the operational and management proposal. as presented by Canal COMMUnity Alliance to the City Council, and WHEREAS, on October 920 10 the City Council approved the use Re Bellarn Boulevard/Windward Way site for the proposed community garden, subject to planning process approvals, fon-nal Agreements with TPL and Canal Alliance for construction and operation, along with successful fundraising; and WHEREAS, on June 28, 2011, the Planning Commission held a duly noticed public hearing on the proposed Use Pen -nit and Environmental and Design Review Permit application, accepting all public testimony and the written report of the Department of Community Development; and approved both the Use Permit and Environmental and Design Review Permit; and WHEREAS, TPL has completed plans and satisfied all conditions of the Use Permit; and raised the necessary funds for construction of the project; and WHEREAS, Canal Alliance agrees to all stipulations for the operation and management of the Canal Community Garden utilizing funds raised by participant fees and a generous contribution procured by Marin County Supervisor Steve Kinsey. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVES to authorize the City Manager to enter into Agreements with Trust for Public Land for the construction of, and Canal Alliance for the Management of, the Canal Community Garden, at Kerner Boulevard and Windward Way. 1, Esther C. Beime, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 201h of August, 2012, by the following vote, to wit: AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Esther C. Beirne, City Clerk AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE TRUST FOR PUBLIC LAND FOR CONSTRUCTION OF THE CANAL COMMUNITY GARDEN This Agreement, for Construction of the Canal Community Garden ("Agreement"), is entered as of August 20, 2012 by and between The Trust for Public Land ("TPL"), a California non-profit public benefit corporation, and the City of San Rafael ("CITY"). RECITALS WHEREAS, the CITY owns certain real property located at the southwest corner of the intersection of Bellam Boulevard and Windward Way in the Canal neighborhood of San Rafael, which property is known as Assessor Parcel No. 09-280-08 and further described in Exhibit A ("Project Site"); and WHEREAS, TPL sponsored and held a series of public workshops in 2010 that produced a community supported conceptual plan ("Conceptual Plan") for a community garden at the Project Site that is described in Exhibit B; and WHEREAS, the CITY will not be required to commit any funds to implement the Conceptual Plan improvements ("Improvements"); and WHEREAS, TPL proposes to install at its own expense the Improvements, estimated to cost $600,000, as a gift -in-place ("Gift") to the CITY; and WHEREAS, on October 18, 2010, the San Rafael Park and Recreation Commission has recommended that the San Rafael City Council accept the Gift and approve the Conceptual Plan, subject to the approval of this Agreement; and WHEREAS, if the estimated costs of the Improvements will exceed $487,000, then TPL will either raise additional funds to cover the added costs and/or will scale back the Conceptual Plan to reduce the cost of the Improvements, provided however that any material modifications of the Conceptual Plan will be subject to the CITY's approval, which approval will not be unreasonably withheld. Now, therefore, the parties agree as follows: 1. PROJECT COORDINATION A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Community Services Director is hereby designated the PROJECT MANAGER for the CITYand said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. TPL. TPL shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for TPL. TPL's PROJECT DIRECTOR for the project shall be Philip Vitale. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, TPL shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF TPL. A. Construction Plans. TPL, at its own expense and no cost to CITY, has developed detailed construction plans ("Plans") for the Property that have been reviewed and approved by CITY. TPL will provide the CITY with one (1) set of digital pdf files of these final Plans. B. Selection of Contractor. TPL will select a general contractor ("Contractor") to construct the Improvements. The Contractor will contract with TPL for the fabrication and installation of the Improvements in accordance with the Plans. C. Pam. TPL will be fully responsible for all contract payments to the general contractor ("Contractor"). TPL shall provide evidence satisfactory to CITY of the Contractor's acknowledgement that CITY is not a party to any of the construction contracts and has no obligation or liability thereunder. TPL shall not permit the placement of any lien or encumbrance upon the Property, or the filing of any Stop Notice with the CITY, related to TPL's construction of the Improvements on the Property under this Agreement, including any lien, encumbrance or Stop Notice by a TPL contractor, or subcontractor of such a TPL contractor, who may furnish labor or materials for construction of the Improvements on the Property. If TPL is informed of the existence of any such lien, encumbrance or Stop Notice, TPL shall arrange for the discharge or dismissal of such lien, encumbrance or Stop Notice by payment, bonding or otherwise within 60 days of the recording or filing of same. If TPL fails to have any such lien, encumbrance or Stop Notice discharged or dismissed within such time, CITY at its option may arrange for the discharge or dismissal by payment, bonding or otherwise, without any obligation to inquire into the validity of same, and TPL shall indemnify and hold harmless CITY for any loss, cost or expense incurred by CITY in having such a lien, encumbrance or Stop Notice discharged or dismissed. D. Construction Management. TPL will provide general management of construction activity, including, but not limited to, scheduling construction and paving activity, ensuring that construction meets the Plans, conducting progress meetings, providing meeting minutes and coordinating communications between all parties. TPL will provide CITY with documentation of the scheduled progress meetings to keep abreast of construction activity and to ensure that work follows approved Plans. 2 E. Construction Inspections. TPL will cooperate with CITY's on-site construction inspections, per a predetermined schedule of critical work, to ensure that construction of the Improvements conforms to the Plans. Following TPL's substantial completion of the Improvements, TPL shall complete to CITY's satisfaction the work specified in the punch -list prepared by CITY for the CITY's approval and acceptance of the Improvements. F. Permits and Fees. TPL will obtain all required building permits from the CITY's Building Division, any required planning approvals from the CITY's Planning Division, and any required Fire Permits from the CITY's Fire Department, in connection with installation of the Improvements, and TPL shall pay all required fees for such permits. TPL also will obtain any required water connection permits from the Marin Municipal Water District, and pay all required fees for such permits. G. Prevailing Wages. TPL will pay, and arrange in its contracts with subcontractors to pay, prevailing wages to laborers working on the Improvements provided under this Agreement. H. Completion of Improvements. TPL will complete construction of the Improvements in conformance with the approved Plans, to CITY's reasonable satisfaction, within 12 months following execution of this Agreement. 3. DUTIES OF CITY. A. CITY shall make available the PROJECT SITE to TPL for the purpose of constructing the Improvements in conformity with the approved Plans. B. CITY will conduct inspections of the Improvements, prepare a punch -list of work to be done to conformity with the Plans, and accept the Improvements as a Gift to the CITY upon their completion to the satisfaction of the CITY, as evidenced by the CITY's issuance of an Acceptance Letter as set forth in Section 15. C. CITY will enter into an agreement with a third party non-profit suitable to CITY to operate and manage a community garden at the Project Site within a reasonable period following CITY's acceptance of the improvements; provided, however, that CITY may terminate such agreement as provided therein and either enter into an agreement with another third party non-profit for such purpose or assume operation and management of a community garden at the Project Site with CITY's staff or agents; and provided further, that CITY may cease use of the Project Site as a community garden altogether at any time should the City Council determine that such use must cease because of budgetary reasons, public health and/or safety, or because of the need to use the Site for other public purposes. 4. COMPENSATION. TPL shall receive no payment from CITY for the work described herein, including the installation of the Improvements at the Project Site, such work and Improvements being deemed a Gift by TPL to the CITY. TPL shall not be required to pay CITY any compensation for use of the Project Site, consideration for such use consisting of TPL's donation of the Improvements to the CITY as a Gift. 5. TERM OF AGREEMENT. This Agreement shall become effective upon full execution and delivery hereof by the parties hereto. This Agreement shall expire on the date upon which the CITY executes and delivers the Acceptance Letter (as defined in Section 15) to TPL accepting the Improvements, or upon such earlier date of termination of this Agreement in accordance with Section 6 or I0(E) below. 6. TERMINATION. Any failure to perform or comply with any of the terms, covenants, obligations, conditions or representations made under this Agreement shall constitute an event of default ("Event of Default"), provided that each party shall have a period of 15 days from the date of written notice from the other of such failure within which to cure such default under this Agreement, or if such default is not capable of cure within such 15 -day period, such party shall have a reasonable period of time to complete such cure if that party promptly undertakes action to cure such default within such 15 -day period and uses its best efforts to complete such cure within 60 days after receipt of notice of default. Upon occurrence of an Event of Default by a party the other party shall have the right, in its sole discretion, to seek enforcement of the terms and conditions of this Agreement, to terminate this Agreement or to exercise any of its rights or remedies available at law or in equity. 7. OWNERSHIP OF DOCUMENTS. The original or copies of written documents and materials prepared by TPL in connection with the performance of its duties under this Agreement are owned by TPL but shall be provided to CITY. 8. INSPECTION AND AUDIT. Upon reasonable notice, TPL shall make available to CITY or its agent for inspection and audit, all documents and materials maintained by TPL in connection with its performance of its duties under this Agreement. TPL shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. During the term of this Agreement, TPL shall maintain, at no expense to CITY the following insurance policies: 4 I . A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage. 2. An automobile liability insurance policy for owned, non -owned and hired vehicles in the minimum amount of one million ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out TPL's performance of services under this Agreement. 4. If it employs any person, TPL shall maintain worker's compensation and employer's liability insurance, as required by the State Labor code and other applicable laws and regulations, and as necessary to protect both TPL and CITY against all liability for injuries to TPL's officers and employees. B. The insurance coverage required of TPL by section 1 l.A, shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY'S insurance or coverage for any contribution. 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. 3. Except for professional liability and workers' compensation insurance, the insurance policies shall provide in the text of the policies or by a special endorsement to the policies that the CITY, its officers, agents, employees, and volunteers, are additional insured under the policies, and that such policies will provide primary insurance. 4. TPL shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) the text of the policies or special endorsements as specified in Section 10.B.3. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. N 7 The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. Any deductibles or self-insured retentions in TPL's insurance policies must be declared to and approved by the CITY Project Manager and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or TPL shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. TPL contracts for work on Improvements on the Project Site, such contracts shall include a requirement that the contractors and any subcontractors will carry the same insurance as required by Section 10 (A), as applicable, with coverage and endorsements as specified in Section 10 (B). E. Notwithstanding anything to the contrary in this Agreement, upon the lapse of any required insurance coverage, the CITY shall have the right to terminate this Agreement upon fifteen (15) days' prior written notice to TPL. TPL shall be responsible, at its expense, for separately insuring TPL's personal property. 11. INDEMNIFICATION. During the Term of this Agreement, TPL shall indemnify and save harmless CITY and its officers, agents and employees from any and all loss, expense, damage, injury, liability and claims thereof for injury to or death of a person or loss of or damage to property, resulting directly or indirectly from any activity or use under this Agreement, except and to the extent where such loss, damage, injury, liability or claim is the direct or indirect result of any act of or any omission to perform some duty imposed by law or agreement on CITY its agents, or employees, or is the direct or indirect result of the negligence, gross negligence or willful misconduct of CITY, its officers, agents, or employees. In addition to TPL's obligation to indemnify the CITY, TPL specifically acknowledges and agrees that it has an immediate and independent obligation to defend CITY from any claim that actually or potentially falls within this indemnification provision. This indemnification shall survive the expiration or termination of this Agreement. After the issuance by the CITY of the Acceptance Letter pursuant to Section 15 of this Agreement, the CITY shall indemnify and save harmless TPL and its officers, agents and employees from any and all loss, expense, damage, injury, liability and claims thereof for injury to or death of a person or loss of or damage to property, resulting directly or indirectly from any activity or use under this Agreement, except and to the extent where such loss, damage, injury, liability or claim is the direct or indirect result of any act of or any omission to perform some duty imposed by law or agreement on TPL its agents, or employees, or is the direct or indirect result of the negligence, gross negligence or willful misconduct of TPL, its officers, agents, or employees. In addition to CITY's obligation to indemnify the TPL, CITY specifically acknowledges and agrees that it has an immediate and independent obligation to defend TPL from any claim that M actually or potentially falls within this indemnification provision. This indemnification shall survive the expiration or termination of this Agreement. 12. NONDISCRIMINATION. TPL shall not discriminate, in any way, against any person on the basis of age, sic, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. TPL shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations in the performance of its duties and obligations under this Agreement. TPL shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. TPL shall release, defend, indemnify and hold harmless CITY its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and TPL do not intend, by a provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. FINAL ACCEPTANCE. Upon notice from TPL that the Improvements are complete, in accordance with the Plans, and that TPL has obtained all necessary regulatory approvals, and upon submission to CITY of the waivers and releases and assignments required under Section 16 of this Agreement, CITY shall, within 10 working days of such notice, perform a final inspection. Upon CITY'S inspection and decision to accept the work, CITY will, no later than seven (7) days from such decision to accept the work prepare a letter of final acceptance (the "Acceptance Letter") addressed to TPL. Upon receipt of the Acceptance Letter, TPL shall immediately remove all of its property from the Property and shall repair, at TPL's cost, any damage to the Property caused by such removal or caused by TPL's construction activities on the Property as permitted hereunder. 16. DELIVERY OF IMPROVEMENTS. TPL shall deliver the Improvements free of all liens and claims and shall provide CITY executed waivers and releases from the Contractor and subcontractors of all claims against CITY. Upon delivery of the Acceptance Letter to TPL and the Improvements to CITY, TPL shall assign to CITY any warranties or guaranties required by its contracts with the Contractor and subcontractors. TLP shall also assign to the CITY the right to any available remedies for latent defects. 17. MAINTENANCE. Prior to CITY's delivery of the Acceptance Letter to TPL, TPL shall be responsible for maintenance of the Improvements, and thereafter CITY or the non-profit designated by CITY of manage and operate the community garden shall be responsible for such maintenance, provided that CITY may terminate or reduce this maintenance obligation if the CITY ceases to use the Project Site for a community garden as provided in Paragraph 3. C. or if the CITY determines that such action is necessary for budgetary or other reasons. 18. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, address to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the Untied States Postal Service. Notice shall be given as follows: To CITY: Carlene McCart, Project Manager City of San Rafael 1400 Fifth Avenue (P.O. Box 151560) San Rafael, CA 94915-1560 To TPL: Philip Vitale Project Manager 101 Montgomery St. Suite 1100 San Francisco, CA 94105 19. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, TPL its officers, agents and employees shall act in the capacity of an Independent contractor, and not as employees of CITY. 20. ENTIRE AGREEMENT —AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between TPL and CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. Terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by TPL and CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 21. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, or ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23. ATORNEY'S FEES In the event of any litigation to enforce the terms of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL NANCY MACKLE, City Manager ATTEST: `f _ --- , ; ' 1_. ESTHER C. BEIRNE, City Clerk APPROVED ROBERT TRUST FOR PUBLIC LAND SAM HODDER, State Director M Sian Rafae4 H Sr" Im Exhibit A Project Site Im 10 Exhibit A Continued 11 a cr d LU J D 0 m d J J W co AVM C18VMGNIM f 40 - to �z :s2ol gg y id c s ' . Exhibit B d V rtf c6 C m i z U a cc fd yV s� 1Z J 0 V J d Z d u N FACILITY USE AND MANAGEMENT AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND CANAL ALLIANCE FOR THE CANAL COMMUNITY GARDEN This Agreement is made and entered into this 20th day of August, 2012 between the City of San Rafael, herein referred to as "City" and Canal Alliance, a private, non- profit corporation herein referred to as "Alliance". RECITALS WHEREAS, for many years the City of San Rafael had a community garden facility in Pickleweed Park; and WHEREAS, that facility was removed to make way for the expansion of the Pickleweed Park Community Center and Library in 2004, and WHEREAS, community residents and neighborhood serving agencies desire to replace the community garden; and WHEREAS, a collaborative of non profit agencies formed in 2007 to organize efforts to replace the facility; and WHEREAS, Trust for Public Land was granted funds by the Marin Community Foundation to conduct public outreach and develop a conceptual design, and plan for a garden in the Canal Neighborhood, and WHEREAS, the property at the comer of Bellurn Blvd. and Windward Way, owned by the City of San Rafael, APN 009-280-08, is identified as the most suitable for a community garden installation in the Canal Neighborhood; and WHEREAS, the Park and Recreation Commission from May to September 2010 reviewed a proposal for a community garden installation and the management of such a facility with The Trust for Public Land; and WHEREAS, the Commission is satisfied the proposal meets the needs of the community and the City as the landowner, and recommends the proposal to the City Council; and WHEREAS, the City Council approved the proposed concept of a community garden facility on the City owned site, and the proposal for management by Alliance; NOW, THEREFORE, THE CITY AND ALLIANCE HEREBY AGREE AS FOLLOWS: AGREEMENT Section 1: The Canal Community Garden The Canal Community Garden, heretofore referred to as "Garden", which is the subject of this Facility Use and Management Agreement, is defined as the City owned site at the corner southwest corner of Bellam Blvd and Windward Way, APN 009-280-08 Park as is more specifically designated in attached Exhibit "A". Section 2: Duties and Responsibilities of Alliance. 2.1: Alliance shall, during the term of this Agreement, maintain its status as a private, non-profit corporation pursuant to IRS Section 501(c)(3), or any subsequent regulation. Proof of status is included in Exhibit "B", attached and incorporated herein. 2.2: Alliance shall routinely and regularly, at its sole expense and resources, manage and maintain Garden, and all its related equipment and furnishings, in accordance with the specifications and requirements enumerated in Exhibit "C" attached hereto and incorporated herein. Alliance shall be responsible for property damage due to normal wear and tear, minor vandalism and graffiti for amounts up to $5,000 per year. 2.3: Alliance shall establish, organize, promote, conduct and supervise Garden plot allocation and use, and horticultural education programs by any resident of San Rafael who wishes to engage in such activities. Alliance shall not prevent any resident of San Rafael from participating in any or all Garden activities, without cause as per rules and regulations established by Alliance, as capacity allows. Garden participants must sign a liability waiver approved by Alliance and the City. 2.4: Alliance shall develop reasonable rules and procedures for persons using Garden, including plot allocation rules, subject to the review and approval of the Park and Recreation Commission and the Director of Community Services (Director). Such rules shall be in conformity with and shall not conflict with any other rules and regulations governing the use of the City's parks and facilities. 2.5: Alliance shall, quarterly, provide the Director with a complete schedule of all Garden organized activities which will require Alliance's organized use of the Garden, including but not limited to classes, socials, interpretive events. 2.6: Alliance shall establish a reasonable fee schedule for persons using assigned plots, or participating in its organized activities, and/or using equipment subject to the review and approval of the Director. Fee schedules shall be uniformly applied to all persons participating in Alliance's organized activities. 2.7: Alliance shall be responsible for collection and disbursement of fees generated by Alliance and its organized Garden activities. The fees collected shall be used exclusively for Alliance programs, administration and maintenance costs at the Garden. The City reserves the right to conduct periodic City -organized programs at the Garden that compliment the Alliance activities and schedule, at no fee to the City. 2.8: Alliance shall provide monitors, attendants or other supervisory personnel for its programs and organized activities. Alliance shall not be required to provide monitors, attendants, or other supervisory personnel for City -organized programs. 2.9: Alliance shall comply and shall require all of its participants, guests and other persons using the Garden with its permission to comply with the San Rafael Municipal Code Chapter 8. 10, as amended from time to time. 2.10: Alliance shall notify the Community Services Department at least 60 days in advance, of Alliance events, programs or organized activities, involving more than 150 participants. In such cases, Alliance shall, at its sole expense, prepare a parking plan for the Garden, sanitation and garbage facilities for the dates affected. Said plan shall be provided to the City for review and approval. Alliance shall at its sole expense, implement said plan. 2.11: Alliance shall not sublet any portion of the Garden to third parties nor permit any concessions of goods or services on the site, or commercial activity including sale of produce or Garden products. 2.12: Alliance shall not make repairs valued at over $500, or modifications, alterations, improvements or renovations or expansions to the Garden facility without expressed permission from the Director. 2.13: Alliance shall be responsible for payment of all utility services to the Garden. 2.14: Alliance shall submit for City approval all signage for display on the exterior of the Garden. Interior signage shall be posted in a manner to be easily changed or removed. 215: Alliance shall be responsible for security of the Garden and costs related to participant access. Section 3. Duties and Responsibilities of City. 3.1: City shall permit the Alliance use of the Garden by the Alliance and its participants and guests for community garden purposes and for its organized activities pursuant to the submitted schedules and subject to the provisions outlined in this Agreement. 3.2: City shall cooperate with Alliance in the promotion and supervision of its organized activities. 3.3: Subject to the City's limitations of budget and other resources, City shall provide resources to address damages to the garden as a result of acts of God, vandalism, or intentional or negligent acts of third parties, the repair of which will cost in excess of $5,000 in any one year. The parties agree that because of fiscal constraints, the City's expenditures for repairs to the Garden are contingent upon the city having funds available for this purpose. Section 4. Compensation. In recognition of Alliance's contribution of management resources, its ongoing maintenance of the Garden, City shall waive facility use fees for Garden for the term of this Agreement. Upon any renewal of this Agreement, the parties shall re -negotiate the terms of compensation. Section 5. Reports and Audits. 5.1: No later than February I" of each year, Alliance shall provide to the Park & Recreation Commission a written report containing the following: a) A comprehensive status report describing -all organized activities conducted and supervised during the previous year; b) A detailed proposal of site repairs, including the estimated costs, time for completion and funding sources; c) Recommendations regarding the operation of the Garden. d) Identification of assigned plots, revenue generated and other funds collected. 5.2: Alliance shall maintain books, statements, ledgers, accounts and all other documents related to its management and use of Garden under this Agreement. 5.3: City shall have the right, upon reasonable notice, to obtain access to, review, and to audit Alliance's statements, ledgers, accounts, and all other documents relating to its management and use of Garden under this Agreement. 5.4: Alliance shall provide to the Director a copy of its annual financial statement, pertaining to Garden operation as regularly prepared. Section 6. Term. Upon expiration, the term of this Agreement may be renewed in writing by the Alliance and the city, with the City Manager's approval, for five (5) additional years if a) Alliance has complied with all the terms and conditions of this Agreement and of any modifications made by mutual written consent. b) Alliance and the city have agreed, prior to expiration to any compensation for the additional term. 4 IM 11 c) There are no other changes to the terms and conditions of the Agreement. Section 7. Termination of Agreement. 7.1. If, upon sixty days (90) written notice of deficiency in performance, the party so notified fails to correct the deficiency, the party giving notice may terminate this Agreement. Deficiency in performance shall be defined as failure of a party to perform or comply with any of the terms and conditions of this Agreement. 7.2 The City may terminate this Agreement immediately upon giving written notice to alliance in the event of the financial insolvency of the alliance as evidenced by: a) Any filing for reorganization under the bankruptcy statutes or otherwise being named as a debtor in such proceeding, which is not set aside within thirty days of filing, or b) Any audit, or c) The dissolution of Alliance. Section 8. Indemnity. Alliance shall defend, indemnify and hold harmless City, its officers, employees, agents and volunteers from and against any and all claims, demands, losses, or liability which may be alleged by any person, or by Alliance, for injury to, or death of persons or damage to property, however arising, from the obligations and actions of Alliance, its officers, employees, agents or volunteers under the terms of this Agreement, excepting only the sole gross negligence or willful misconduct of City. Alliance assumes all responsibility for damages to property or for injuries to persons a) directly or indirectly caused by services or equipment provided by Alliance under the terms of this Agreement, b) occurring in or on any portion of the Garden during any and all Alliance -sponsored events, or c) caused by the condition of the Garden. Section 9. Insurance. 9.1: Alliance at its sole cost and expense, shall obtain and maintain, during the life of this agreement, such public liability insurance in the amount of $1,000,000, satisfactory in form to the City, and with the City, its officers, employees, agents and volunteers added as additional named insureds, as shall protect Alliance and City, its officers, employees, agents and volunteers, from claims for damages or personal injury, including accidental death as well as for claims for property damage with may arise from or out of this Agreement, 9.2: Each such policy of insurance described in Section 9.1 shall be endorsed to provide as follows: a) It is agreed that Alliance's insurance shall be primary insurance, and that any insurance coverage maintained by the City shall be excess and not contribute with the insurance provided by Alliance under this Agreement. b) It is further agreed that the coverages afforded shall apply as if separate policies were issued to each (gross liability). c) All rights or subrogation are hereby waived against the City of San Rafael and the members of its City Council and elective or appointive officers or employees, when acting within the scope of their employment or appointment. d) This insurance shall not be canceled, limited or non -renewed until after thirty (30) days written notice has been given to the City. 9.3: Alliance shall provide the City with a Certificate of Insurance evidencing all the coverages required herein, as well as copies of the specified endorsements, upon execution of this Agreement and at the time of any renewals of such insurance. Section 10. Independent Contractor. It is understood and agreed that Alliance, in its performance of the duties and obligations under this Agreement, shall act as and shall be an independent contractor and not an agent or employee of the City. As such, Alliance, its employees, agents and volunteers shall obtain no rights or benefits, which accrue, to City employees. Alliance expressly waives any claims it, its employees, agents or volunteers may have to any such rights or benefits. Section 11. Assi ability: No Third Party Beneficiaries. 11.1: Alliance shall not assign or transfer any interest in this Agreement, nor its duties and obligations under this Agreement, without the prior written consent of the City, and any attempt by Alliance to so assign this Agreement, or any rights, duties, or obligations arising hereunder, shall be void and of no effect. 11.2: Neither party shall assign or transfer its rights to enforce any part of this Agreement. The obligation of the City and the obligations of the Alliance stated in this Agreement are not intended to, and do not, create any rights to any other person or entity which such person or entity would not otherwise have in the absence of this Agreement. Section 12. Compliance With All Laws, Non-discrimination Alliance shall comply with all applicable laws, ordinances, codes, and regulations of the State, Federal and local governments. Alliance shall not discriminate, in any way, against any person, on the basis of age, sex, race, color, creed, national origin, or disability in connection with or related to the performance of this Agreement. Section 13. Authority. Each party represents that it has duly approved the signing of this Agreement and has duly authorized the person named below to sign this Agreement on its behalf in accordance with applicable law. Each such named person personally warrants -that he/she has such approval and authority. Section 14. Waiver. Alliance understands and agrees that waiver by the City of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by the City of the performance of any duty or obligation by Alliance shall not be deemed to be a waiver of any term or condition of this Agreement. Section 15. Notices. All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be personally served or mailed, postage prepaid addressed to the responsive parties as follows: To City: City of San Rafael Attn: Director, Community Services P.O Box 151560 San Rafael, California 94915-1560 To Alliance: Canal Alliance Attn: Executive Director 91 Larkspur Street San Rafael, California 94901 Notice shall be deemed effective on the date personally delivered or, if mailed, upon deposit in the mail. Section 16. Whole Agreement. This Agreement, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written representation or understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by a written amendment executed by the parties to this Agreement. Section 17. Attorney's Fees. In the event litigation is initiated to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its attorney fees and costs, including witness and expert fees. IN City of San Rafael By 01 -4--a"Ak-4 Nancy Mackle, City Manager Attest: Esther C. Beirne, City Clerk Approved as to Form: Robert A Epstein, City A=tor'ne9 IN Canal Alliance CAII Tom Wilson, Executive Director Canal Alliance Attached: Exhibit "A" Site Map Exhibit "B" Proof of Non -Profit 501 C3 Status Exhibit "C" Canal Alliance Maintenance and Repair Responsibilities for The Canal Community Garden L;anai uommunny uaroon - %-jvv uorner OT COMM VOUIOVarQ 8na WMWarQ Way 0 0 If R R le SCALE 1: 2,461 2iO i 2im 4iC Goo FEET Exhibit A Thursday, June 23, 20119:26 AM Internal Revenue Service Director, Exempt Organizations Rulings and Agreements Date: * Tki 9 0 2009 Canal Alliance 91 Larkspur Street San Rafael, CA 94901 Dear Sir or Madam: Im Department of the Treasury P.O. Box 2508 Cincinnati, Ohio 45201 Person to Contact - ID#: . Ms. K. Wilmer 52-05885 Contact Telephone Numbers: 877-829-5500 Phone 513-263-3756 Fax Federal Identification Number: 94-2832648 By our determination dated September 1982, you were held to be exempt from Federal Income Tax under the provisions of section 501(c)(3) of the Internal Revenue Code. You recently furnished us information that the San Rafael Canal Ministry merged with Canal Community Alliance Inc. on December 31, 2004. At the same time, the entity changed it's name as shown above. Based on the information submitted, we have determined that the merger does not affect your exempt status. The organization will continue using Employer Identification Number 94-2832648. Please let us know about any further changes in the character, purposes, method of operation, name or address of your organization. If you have any questions regarding this matter, please contact the person whose name and telephone number appear in the heading of this letter. Sincerely, Lois G. Lerner Director, Exempt • Rulings and Agreements WWWOMM FACILITY USE AND MANAGEMENT AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND CANAL ALLIANCE FOR THE CANAL COMMUNITY GARDEN Specifications and Requirements The following list outlines the required tasks to be completed by Canal Alliance to operate and maintain the Canal Community Garden. The intent of the list is to specify tasks and operational procedures to provide for a safe, clean, functional, public facility. 1. Operations A. Garden Rules and Regulations must be established and reviewed and approved by the San Rafael Parks and Recreation Commission prior to the opening of the Garden. B. Canal Alliance shall appoint the initial Garden Steering Committee, with membership consisting of at least five active garden participants, and two members at large from the community. The Committee shall meet with staff monthly from February through October with Canal Alliance program manager to review and advise on issues pertaining to the Garden. C. Canal Alliance shall install an informational sign with contact telephone number(s) and with standard Garden Rules at or around the main entry. D. Participation in the Garden is open to the general public. Priority may be given to residents of San Rafael, with proportionate, but not exclusive, priority to residents of the Canal Neighborhood of San Rafael. E. Garden plots shall be assigned to qualified applicants, according to Garden Rules and Regulations. Participants must sign a City liability waiver prior to conducting any gardening activity on the site. F. Canal Alliance may assess an annual fee per plot to apply to operational costs. G. No more than one plot may be assigned to any individual, family or organization, however more than two people may be assigned to the same plot. H. Canal Alliance shall maintain an active Garden wait list. Participation must be made from a wait list on a first-come first-served basis. 1. Participation in the Garden can be revoked for non-compliance with the Rules and Regulations. The Garden manager shall notify non-compliant gardeners of infractions to be resolved. Gardeners shall have thirty days to respond, or participation is revoked and the plot shall be reassigned to the next person on the wait list. Exhibit C J. Canal Alliance may coordinate and produce programs and events related to horticulture in the Garden for the benefit of Garden participants, schools, non profit organizations, and other civic groups. Revenues generated by such programs must be applied to Garden operations. K. The seasonal Garden schedule shall include a minimum of 6 dates per year where the general public is invited to access the Garden. These dates may coincide with programs, seminars, open house activities or other Garden events. L. No commercial activity is permitted. 2. Maintenance of Garden Elements A. Maintenance of the exterior landscape shall be performed at least twice yearly to sustain vigorous growth and health of the materials and preserve the aesthetic value of the site. B. Maintenance of the interior, debris removal, weed eradication in the common areas, cleaning of the common areas, etc. of the Garden shall be preformed weekly. C. Perimeter fencing and gates shall be maintained and repaired as needed to provide security and maintain aesthetic value to the site. Gates shall have locking devises. Canal Alliance shall provide current keys, combinations or information on locking devises to the Community Services Department Director. D. Pathways shall be maintained free of debris, weeds, tools, equipment, plant material, and hazards of any sort. Pathways shall comply with Title 24 of the California Building Code, and the Americans with Disabilities Act. Decomposed granite will be installed and maintained for ADA compliant pathways, all other pathways shall be surfaced with bark mulch. E. Irrigation equipment shall be maintained in good repair and in compliance with Marin Municipal Water District criteria for conservation and efficiency. Automatic watering systems are not permitted. Drip irrigation systems may be installed. F. Garden plots may not be used for purposes other than active gardening. G. Garden amenities such as the outdoor classroom, green house, and rain water tanks shall be maintained in good order, free of hazards, weeds, debris and graffiti. 2 H. Graffiti on the exterior or interior of the Garden must be removed within 24 hours of discovery. I. Each Garden member is responsible for the maintenance of his/her assigned plot and to participate in the ongoing maintenance of common areas within the Garden. Canal Alliance shall provide clear, written descriptions of expectations in the registration materials supplied to gardeners. Regular inspections shall be conducted by the Garden Committee. J. Canal Alliance is responsible for enforcing maintenance standards and providing seasonal, and general, facility maintenance coordinating community resources. K. Weekly garbage service is required and shall be paid for by Canal Alliance. Garbage receptacles must be covered and may not be left outside the gate for pick up. Canal Alliance shall be responsible for removal of illegal dumping on the site. 3. Installation of Additional Garden Elements A. Tool sheds may be installed with approval of the Director. Garden plots may not be used or displaced for tool sheds. Tool sheds must be sturdy and lockable with flooring to prevent contact with ground moisture. Tools stored in the sheds shall be shared for use by all gardeners. Tools shared may not be taken off site. No private or general Canal Alliance storage is allowed on site. B. Compost bins may be installed with approval of the Director. Plots may not be used or displaced for compost bins. Bins must have lids and be rodent -proof. C. Bulletin/message boards may be installed with approval of the Director. Bulletin/message boards are limited to general community announcements and are not available for commercial advertisements or postings that are discriminatory or offensive in nature. D. Permanent fixtures (benches, tables, shade structures, tool sheds, compost bines, etc) must be approved by the Director before installation. lj %.*Utfulfuluty %jtiiuurj - ovv %,vrner oT omam oouievaro aro wwwwara way 0- 0 Exhibit D SCALE i : 2.461 700 0 260 400 am FEET Thuradoy, Juno 23, 20119:26 AM I I�W 234 1 p0 18 242 43 3 ry 6 `301.375 10 23 '24 304 308, 64 312 fiy 324 0 cb�l 116 If Po 124 128 4? lo" Sp 49 lio 109 55 i St 53 3260 lb AO ny0 3250 1 as 3240 lo ve SCALE i : 2.461 700 0 260 400 am FEET Thuradoy, Juno 23, 20119:26 AM Exhibit E 0 LU J O m J J W m ,AVM (18VMONIM AQ T .0 E u 0 -0 FXnlblt F 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 1. 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. San Rafael Park and Recreation Commission Meeting Minutes, September 1O`2O1O Page Commissioner Quintero asked ifthe participants will pay for the use ofthe garden and programs. Participants will be charged a onmoU fee to pay for maintenance of the Community Garden. Are construction costs covered by fundraising yet? No. Chair NUhenstated that there are many operational details not included inthe proposal. Heasked that Canal Alliance and TPLreturn odanappropriate time with anoperational plan for the Commission hmreview. Mr. Escobar replied that interns serving the County researched and prepared reports on four management models operating across the country. From these emodel will beselected urcreated toguide the operations of the Canal Community Garden. Pecou1said that the second half ofthe community process will focus onoperational issues. Mihan continued with oquestion regarding eligibility for participation in the garden. The Garden will be open to all residents; however there may be a percentage of plots allotted todifferent demographics tninsure diversity. His question regarding security was answered with the assurance that fencing, gates and keys will be utilized andthe San Rafael Police have submitted suggestions amwell. Fencing and structures will have low profile #*atunam to preserve might 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 insupport ofthe project. 8was M/s ClarNHo|mto approve the proposal for the Canal Community Garden, recommending ittoCity Council with the provision that amendments tothe current plan must be submitted for Commission review. AYES: Susan Clark, Eric Holm, Ralph MihanArmando Quintero, Jeff Jones NOES: None ABSENT: Mark 8usUbmMark Lubamersky, Fred Warnecke B. Recognition of the Marlin Master Gardeners Chair Mihan described his visits to the Mediterranean and Succulent Gardens at the Falkirk Cultural Center. Marin Master Gardeners and City ofSan Rafael have ofive year agreement for the organization to design, install and maintain the two gardens on the grounds ofthe Cultural Center, Both areas are planted mademonstration gardens, highlighting native and exotic plantings that are suited well tothe Marin environment. The gardens are also examples oflow 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 IN =,m o 8�,w~��K��U� ��! ��� u���VUx��V� »�� ~� K8aathmg Date: June 28.2O11 Agenda Item: -5 Community Development Department — Planning Division Case Numbers: UPI 1-014; EDI 1-013 P. 0. 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 C«mmmmityGarden—Smuthwest Corner of Bellarn Boulevard and Windward Wan — Request for Use Permit and Environmental and Design Review Permit to allow the establishment and operation ofocommunity garden one 15,480 -square -foot vacant |ot;APN: 009-280-08; Light|nduatha|/Offioe (1-1/0) District; Son Rafael Sanitation [}ia(rio[. owner; Trust for Public Lands, applicant; Case Numbers: UP11014 EDI 1-013 EXECUTIVE SUMMARY On behalf ofthe 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 acommunity garden inthe Canal neighborhood. The Canal Community Garden io 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 bmdm, 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 Cana/ neighborhood, much of users would xvm|h or cycle to/from the garden. As discussed in this neport, staff concludes that the project, as proposed and as nonditioned, is consistent with the San Rafael General Plan 2020, and complies with all applicable zoning development standards. The CityTraffic 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 tosupport project gpprovo|. It is recommended that the Planning Commission adopt the Resolution (attached) approving the Use Permit and Environmental and Design Review Permit 116101f 111.11M. 111 ".. General Plan Designation �Exist�inLa�nd-use� Project Site: Light Industrial/Office 1-1/0 District Vacant North: Medium Density Residential MR3 District Residen-ti—al-­ East: South: Parks and Open Space P/OS District Light Industrial/Office LI/O District Vacant Vacant West: General Commercial GC District Restaurant REPORT nOPLANNING COMMISSION -Case Nos: UPI 1'U14and ED1i-q13 Page SiteDescription/Setting: The project site is located at the southwest corner of BeUam Boulevard and Windward W� �e propadvioo 'rnote� 15,58Osquare feet ina�e. is level and veoertTh�o�� is owned by ��en Rafael Sanitation District. VVhi|� in 1984 Lhe<�ib/uf3�n Rafael '- °' "'= � . ^ � mooapteU an offer ofconveyance from the Sanitation Diotrict, property ownership has remained --�-- 'the District.Improvements along the BeUmmoBoulevard and VVndvvaUdVV8y�oOtageSinclude ��dB--�'a.fuUcunbgndoD-atRaetparkiDg. The project site im bordered by Pioanhy Restaurant hothe west and vacant lands tmthe south and eme- � North ofBeUmo oBoulevard are residential communities including Boypoint Lagoon, Ecology and F�a#mo/Bay Townhonnem. Prior to 2005, theHckleweed Community �Park.located at 40 Canal Street included mlarge and active community garden. The garden served the residents ofthe greater Canal neighbmrhood In 2005, the Pick|avwaed (�on}nnun)b/ Center was renovated and expanded. As e naouK the oonnnnuni' garden was eliminated and never replaced. Since then, there have been numerous efforts to `v�^atab/iah a community garden atother |ocmUono inthe (�anai neighborhood Schoen --rh which is located east of picNewaad Community Perk vvam initially considered for a re-established—' ~ ' kv "^m' beooumanfiim|imnitmdoi�e pnaoono�of�re�aanddi direct community garden but vvee rejected. re exposure tobay front winds. In 2007. a more organized effort to re-establish m 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 ��andenera Conservation Corps `No�h Bay and the Marinin County Board of Supervisors. In 2008. the Trust for P'-(�"e ,v Public Lands TPL] introduced assist in facilitating the project. TF`L was commissioned to provide onrnnlun|ty ` outreach, 'coordinate t design of the garden an. manage fundraising. With grant funding honnthe Marin Community Foundation, l[PLpursued the connmnuniLyprocess ,and design. uy 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. 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. VVhik+ all residents of San Rafael would be eligible to participate in the garden, the primary p rpoa8 and goal of the garden is to provide g service to the residents of the Canal neighborhood. Garden users would be selected on g first -come -by -first -serve b@SiG' with a yearly rotation if ^ waiting i� waiting iUg list, Garden users would rent a planting bed' which, at present is emdinnat8~ � �o rent for �3O OO o/ $6O.00per year, depending upon bed size. The garden area is proposed to include raised planting beds for users and a central commor, 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 TOPLANNING COMMISSION - Case Nos: UPI 1-014and EDI 1'O1* Page The proposal includes a request for e reduction to the parking requirements set forth in the Zoning Ordinance /SRK8C Title 14\. While the Zoning (}pdinonoa does not specify a parking standard for a community gerden, 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 no|y on use of on -street parking along the VVindvxond Way and BoUamn Boulevard frontages. The garden would be open and ovei|ob|a for use from sunrise to sunset' seven days per week, which is consistent with City public park hours. 7Fh8oefo[e, 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 upofgardeners. Site and Architectural Improvements > Ninety-two raised planting beds are proposed twbe arranged in ogeometric pattern sited around the central common area, The raised beds would be constructed of redwood boards and posts and raised 12-inuheafrom grade. A 110-aouare'foot. 12 -foot -tall greenhouse is proposed in the central common area. The greenhouse would include two potting babk*o and is constructed ofmetal framing p|moee above m concrete foundation vva|| and footing. The remaining surface of the greenhouse would be safety g|mog. 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 mnasphalt shingle roof, � Two, 10 -foot tall wood trellis structures are proposed in the central common area. The trellis structures would beconstructed ofredwood. Pockets for vine plantings are proposed esthe base ofeach 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 bedecomposed granite. t° Six secured hose bibs (accessible by key) are proposed throughout the garden for the garden users and 0anGQerD8OL However, m drip irrigation Gyatgn) equipped with 8 eo|appuvven8d controller isproposed for the common area and perimeter landscaping. The garden xvoV!d be eDC|8ned by a six-foot high vinyl -coated chain /ink feOoe, 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, �p The garden would be surrounded by a landscape setback, which has an average width of 10 feet. The landscape palette includes a nV/nbin@U0O of native q[OUnd cover and shrubs. To address vxaLe[ quality [UnOf7 requirements, a Vegetated bio-nvva|e /s 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. Im Im REPORT TO PLANNING COMMISSION -Case Nos: UPI 1-014 and EDII-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. IVH -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. 0 0 REPORT TOPLANNING COMMISSION -Case Nos: UPI 1-V14and EDi1'0|3 Page 5 Consistent. The community garden would provide aneoded neighborhoodoenvine. PR -16. Community Gardens. Continue to support and maintain community gardens and look for ways 8osustain the : Consistent. The community garden would bemanaged and maintained bxthe Canal Alliance. As discussed above, the Canal Alliance proposes to have a part time manager that would oxanaea garden maintenance in partnership with an elected garden board made up of gardeners. Climate Change Action Plmn(CCAP) The proposed uonm0lunh» garden use is consistent with the City -adopted Climate Change Action Plan (CCAF). CCAP Program EN5 encourages the creation of community Qamdnne, 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 inthe L|K}District, Aosupported bythe findings presented inthe attached, draft resolution, the community garden use would becompatible with surrounding uoem, would not be detrimental tothe safety or welfare of neighboring properties or improvements, and would provide a needed neighborhood - serving use. [)penzbVno| conditions are nocornnoended, which are outlined in the mttmohed, draft resolution (Exhibit 3). Parking Reduction Consistent with 8RK8C Section 14.18.0406. the City TnaMio 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 appropriute, and would not be detrimental to the hea|th, am#sty 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 vary limited land development along Windward Way; and b) parking demand for garden users is expected to be vary |ovvgiven that users are neighborhood residents and pedestrian/bicycle access toand from the garden ioexpected tohehigh. Design Conformance with Environmental and Design RevieuwPermit Criteria As supported by the findings presented in the a#oohed, draft reao|ution, the design of the community garden is consistent with the criteria required for the approval of an Environmental and Design F{oviexv Permit. The types of proposed improvements including garden otructunoa, fencing and landscaping would present a competent design that is in keeping with the improvements of neighboring, developed properties. {S|VeD the limited level of site improvements and annaU otrUCtUres, the project was not referred tothe Design Review Board for review and comments (SRK8C 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 (N4|R8r Alternations in Lend). the project is categorically exempt from environmental review. Prior bndetermining that this project is exempt from environmental review, pO1eOUa| 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 ofthis review, the City Traffic Engineer considered site trip generation and pOt8nU8| impacts ofproject traffic VD local m Im REPORT TDPLANNING COMMISSION -Case Nos: UP11'V14and ED1i'O13 Page 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 inthat: o. While the mzn)nnundy garden project vVmu|d generate new vehicle thpe, most trips would occur during off-peak periods (midday and xvaahendm). 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 naeub 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, TPLoomn1|natmd community outreach. Notice ofpublic hearing for the project was conducted inaccordance with noticing requirements contained in Chapter 28 of the Zoning Ordinance. /\ Notice of Public Hearing was mailed to all property owners and occupants within m 300-fuot radius of the subject site, numerous Homeowners AseooimUone, and all other interested parties, 15 calendar days prior to the dmba of all nnaaUn0s' including this hearing. (Exhibit 5\. Todate, nocorrespondence has been received. The Planning Commission has the following : 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 boreturn with arevised resolution. EXHIBITS 1 . Vicinity/Location Map 2. Draft Resolution Recommending Approval of Use Permit and Environmental and Design ��e� Perm Review 3. Canal Cmmnrnun/h/ Garden Project Summary prepared by Trust for Public Lands (TPL). dated - stamped oareceived onJune 8.2O11 4. Parks and Recreation Commission meeting minutes, September 18.2O10 5. Public hearing notice 8. Project Plans (distributed to Planning Commission only) Canal Community Gar das - SW Corner of Beflam Bou and and Windward Way EXHIBIT 1 A* 4 475i io '42 24 43 3 4 300 64 312 68 324 80 16 124 4? 109 46 Tw ! 53 " 51 3260 3250 3240 V7 Ve 1. SCALE 1: 2,461 2604 260 4W FEET 0 0 EXHIBIT 2 RESOLUTION NO. I I - RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION CONDITIONALLY APPROVING A USE PERMIT (UPI 1-014) AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED 11-013) 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 Centel- 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 Mal -ill 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 Bellain 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 tile subject Bellarn 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 Bellarn 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 bills 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 gat -den 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 C0111111LInity 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 following findings be to support the approval of Use Permit UP 11-014 and Environmental and Design Review Permit EDI 1-013 for the proposed Canal Community Garden project: Findings for Use Permit (UPI 1-013) 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), NII -11 (Needed Neighborhood -Serving Uses), NII -14 (Gathering Places and Events) and NH -57 (City Lot at SW Corner of Bellain and Windward Way) in that: 1) the use and nature of the W 0 0 EXHIBIT 2 property improvements would not impair or impact the character of the residential neighborhood located north of Bellain 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 gat -den 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 Bellarn 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 gal -dell 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 (LIJO) 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. 'File proposed community garden use is consistent with the City -adopted Climate Change Action Plan (CC AP). CCAP Program ENS encourages the creation of community gardens, including possible use of surplus City properties. 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 pat -king 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 W 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: 1. 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. e. 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. As proposed and conditioned, the Canal Community Garden project is consistent with the LI/O 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. 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 prcject 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, pat -king, and drainage; and b) architectural features and improvements (garden structures, ffirniture 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 UP] 1-014 and Environmental and Design Review Permit ED] 1-013 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 (UPI 1-0 14) 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; c. Composting bins; f 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 (UPI 1-014) 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 1-0 14) 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 Comfitions Community Development Depattment 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. 1 This Environmental and Design Review Permit (ED 11-0 13) shall be valid for two (2) year of this approval and shall become mill and void if the proposed facility use has not commenced operation and the required conditions of approval are not implemented and operational by the 2-6 Im EXHIBIT 2 Im above date. Continued compliance with all conditions of approval shall be required for the duration of the use. Prior to the issitaitce of a Bttiliffizg Permit or Construction-Reloted Perittils 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 Bellain 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). CornrnPi*DevqIqpmgit Development artment�Buildin� 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 coin mencement of construction. 5. 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 pllvsieally disabled in accordance with I the requirements of Title -24, California Code of Regulations. Department of Public Warks 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'x:18') 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 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 faci I ity 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 fM WD 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; c. 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 tile 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 Grutfing anillor Construction Comm unity Develooment Denartment. Plannine Division 14. Construction Hours: 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 M 0 0 EXHIBIT 2 workers, start Lip 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 dur►ng construction if available from the Central Mai -in 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 Co►mnission meeting held on the 28"' day of June 2011. Moved by Commissioner AYES: NOES: ABSENT: ABSTAIN: ATTEST: and seconded by Commissioner Robert M. Brown, Secretary Canalgrdn,PC Reso-6.28.11 Viktoriya Wise, Vice -Chair THr TRUST for PUBLIC LAND CONSERVING 1AND FOR PEOPIE Western Regional Office 101 Xtolltgofncry St. ElcVC11th Floor San Francisco, CA 94104 T: (415) 495-5660 F: (415) 4950541 www.tP].org Project Summary Im LOCATION: San Rafael, CA Canal neighborhood, corner of Bellam Blvd and Windward Way J5 Acres PROJECT TYPE: Comtnunitlr Garden. DESCRIPTION: Residents in the Canal neighborhood have expressed keen interest in being able to grow and produce organic foods close to their homes. \Vhen the Pickleweed Community Center was renovated, the adjacent community garden was 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 TP'L 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 Tpi— 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 communitl=. 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 primal}, concern for residents and users. The improvements to the site will include: (1) greenhouse, ADA accessible (1) stied, ADA accessible, with (100) lockers (1) trellis "n '01 JY4 fA ll a V-fon 41 rtu' LOCATION: San Rafael, CA Canal neighborhood, corner of Bellam Blvd and Windward Way J5 Acres PROJECT TYPE: Comtnunitlr Garden. DESCRIPTION: Residents in the Canal neighborhood have expressed keen interest in being able to grow and produce organic foods close to their homes. \Vhen the Pickleweed Community Center was renovated, the adjacent community garden was 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 TP'L 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 Tpi— 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 communitl=. 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 primal}, concern for residents and users. The improvements to the site will include: (1) greenhouse, ADA accessible (1) stied, ADA accessible, with (100) lockers (1) trellis (92) raised beds, ADA accessible (3) bike racks (4) tables, (2) ADA accessible (0) 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 fink perimeter fence There is no onsite restroom, due to cost implications. TPI, 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 at id the Cityof San Rafael have developed an agreement to maintain and manage the garden. Canal Alliance will have a part time manager who \-vill 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 Affiance. 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 Mill be chosen on a first come first serve basis, with a yearly rotation, in the case of a waiting fist. Hours of operation will be sunrise to sunset, 7 clays 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, shill 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 tratisparencv. It will be easV to see into the site and there ace 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. I hcl'nisi fo, PuNic Land Pioicct Sunumiry Sheet --C atial Coinrniminv G,--.rdtn m EXHIBIT 4 Im San Rafael Park and Recreation Commission Meeting Minutes, September 16, 2010 Chairman Ralph K0hoDcalled the meeting ofthe San Rafael Park and Recreation Commission toorder at7:1D p.m. Roll Call: Mark B Susan Clark, Eric Holm, Mark Lu .RahphK8ihen. Armando Quintero, Fred Warnecke, Jeff Jones (Alt) Commissioners Present: Susan C|mrk, Eric Ho|mn, Ralph K4ihen.Armando Quintero, Jeff Jones Commissioners Absent: Mark BustUlom.Mark Lubamemky, Fred Warnecke, Staff Present: Director Carlene K8cCart.Assistant Director Bill Scharf, Parks Superintendent John Tune 1. Action Items A. Review of Proposal for Canal Community Garden Director McCmrtintroduced the item with mreview of the May meeting where Trust for Public Land first proposed the Canal Community Garden project hnthe[|qmnmo/aeion. 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 tothe project. K8oCertreintroduced K4aQhonPaoaut.The Trust for Public Land topresent additional information. MsPecaut reiterated the Canal Community Garden proposal was inresponse too community outreach process. The design relates tothe elements desired bvthe residents and organizations inthe Canal Neighborhood. TPLwas 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 8ndpr]VidecoOst[UctionOlGDag8mneO[ Since May, the project haaatt:@ctad funding and service commitments and 8new management organization. Two community meetings were held with 4O 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 Construction budgets were updated. The project is now estimated to cost $487,000 t3 construct and $51,000 to manage annually. Financial partners are under solicitation present. Matching donors are particularly sought. i L*421WID--XIV, San Rafael Park and Recreation Commission Meeting Minutes, September 16.2O1O Page originally agreeable to managing the CanaGarden after construction. The group nolonger has the fiscal capacity todoso. Canal Alliance, San Rafael non profit operating inthe Canal neighborhood met with TPL.project portneroandCib/otaffabout the management role and has stepped forward toassume itaelead agency. yNoPacout 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 mthree year grant tofund ecurrent program assisting apartment communities inthe Canal Neighborhood orgmnizeorganio garden projects. Four sites are operating communal gardens and more are requesting the services of the project organizers. K8a|ta Duran is the current staff person assigned tothe organic gardens project mndpnapmnedUzammunnethemteffpo|ehzrthe management ofthe Canal Community Garden, She iawell known inthe 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 yNe C)uron'a administrative position, Canal Alliance anticipates hiring o professional gandener/oernmaou|tunaspecialist 1Ohours 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, K8r. David Escobar, representing Marin County Supervisor Steve Kinsey, stated the community garden iepart ofalarger vision for the Canal Neighborhood sunolernenbng the County Health Care Center, the Pickleweed Community Center, Marin Square, and other community serving enhancements. The garden project houQroenva|ueeyatenmo and organic gardening opportunities that will benefit the community with focus nnhealth and wellness. K8o Teri Rookam, Kaiser Healthy Marin Partnership spoke for the project. She added the garden projectwiUbaonarDnnetuo|tVcoOnbatobmsitvisgueoand provide insight to healthier choices for children and families. She stated data support links to general population health and diverse demographic opportunities. Commissioner Clark inquired ifKaiser has shown support for the project. K8eRoch@o replied that the group has applied for aKaiser Foundation Grant, and the results will be known |OJanuary 2O11, Marin Community Foundation has encouraged the project partners tQapply for grant funding @8well. Commissioner Jones inquired about other funding :Qrnrni{/Denta. Ms Ponech replied as Development Department Director of Canal Alliance, she will consider this oona project and work toward full funding, Clark went on to ask how the garden plots will be assigned, Ms Pecaut replied the IN San Rafael Park and Recreation Commission Meeting Minutes, September 16, 2010 Page Im Commissioner Quintero asked if the participants will pay for the use of the garden and programs. Participants will bacharged asmall fee topay for maintenance ofthe Community Garden. Are construction costs covered by fundraising yet? No. Chair Mihngtated that there are many operational details not included in the proposal, Heasked that Canal Alliance and TPLreturn atanappropriate thnewiUlenoporabona| 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. Penautsaid that the second half mfthe community process will focus onoperational issues. K8ihxancontinued with o question regarding eligibility for participation inthe garden. The Garden will beopen hnall residents; however there may bae percentageofplots allotted to different demographics to insure diversity. His question regarding was answered with the assurance that fencing, gates and keys will be utilized and the San Rafael Police have submitted suggestions aswell. 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 insupport of the project. It was M/s Clark/Holm to approve the proposal for the Canal Community Garden, recommending btoCity Council with the provisionthat amendments to the current plan must be submitted for Commission review. AYES: 0VsGO Clark, Eric Hokm, Ralph K8U18n Armando Quintero, Jeff Jones NOES: None ABSENT: Mark Bustillos Mark Lubamersky, Fred Warnecke E. Recognition of the Marlin Master Gardeners Chair Mihan described his visits to the Mediterranean and Succulent Gardens at the Falkirk Cultural Center. Marin Master Gardeners and City ofSan Rafael have a five year agreement for the organization to design, install and maintain the two gardens on the grounds ofthe Cultural Center. Both areas are planted asdemonstration gardens, highlighting native and exotic plantings that are suited well tothe Marin environment. The gardens are also examples oflow 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 b]the success ofthe two gardens and continue baprovide maintenance through volunteers, Master Gardeners Public Hearing Notice Lanai UommunityGa,rn)BellamBlvd/Windward W (UP11-014;ED11-013 SCALE 1 :2,646 200 0 200 400 600 FEET In NOTICE OF PUBLIC HEARING A NNING COMMISSION 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).: UP1 1-014; EDI 1-013. 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.or.qlplanningcommission. 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. O. 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. It 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 66009 (b) (2)). Appeals of decisions by the Planning Commission to the City Council shall be made by riling 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 15.66.010). 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 meeting1hearing, Individuals are requested to refrain from wearing scented products. �e NOTICE OF PUBLIC HEARING — PLANNING COMMISSION UU You are invited to attend the Planning Commission hearing on the following proposed project: PROJECT: Bellarn Boulevard and Windward Way — Request for Use Pen -nit 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@cftyofsanrafael.org. You can also -orne 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 http://www.cityofsanrafael.or-q/gknnWgcommission. IVHAT 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. 0, 3ox 161560, San Rafael, CA 94915-1560. You can also hand deliver it prior to the meeting. ,t 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 Dovernment 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 Communoy ,evelopment 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 3ubdivisions) (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 ir, advance. Copies of ocuments are available in accessible formats upon request, ublic transportation to City Half is available through Golden Gate Transit, Line 22 or 23. Para -transit is available by calling WIriallestop Wheels at (415) 454-0964, c allow individuals with environmental illness Or multiple chemical sensitivity to attend the meetintilbearing, individuals are requested to refrain from wearing scented products, 0 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL lune 28,2011 Regular Meeting Minutes San Rafael Planning Commission CALL TO ORDER PLEDGE OF ALLEGIANCE RECORDING OF MEMBERS PRESENT AND ABSENT Commissioners Kate Colin Present: Larry Paul Charlie Pick Viktoriya Wise Commissioners Maribeth Lang Absent: Dan Sonnet, Chair Staff Present: Planning Manager Paul Jensen, Principal Planner Boloyan, Associate Planner Sarjit Dhaliwal PUBLIC NOTIFICATION OF MEETING PROCEDURES URGENT COMMUNICATION CONSENT CALENDAR 1. Minutes, May 24, 2011 Kate Colin moved and Larry Paul seconded to Approve Minutes as follows: AYES: Kate Colin, Larry Paul, Charlie Pick, Viktoriya Wise NOES: None ABSENT: Maribeth Lang, Dan Sonnet, Chair 2. Minutes, June 14, 2011 PUBLIC HEARINGS 812 4th Street (Pizza C>,goornkca Restaurant Exterior Repainting) ' Request for Environmental and Design Review Permit approval of revised building colors for Pizza Omgasmnioo commercial restaurant and brewery building, located in the downtown area. This item was continued from the May 24, 3011 Planning Commission Meeting; APN: 01i- 224 -U8^'10.41& -1g; 4SRC District; Gale Fisher. owner; ToyiorK8oia. applicant; File No.: EQ10-092. Project Planner: KmoiATamnbornini Kate Colin moved and Charlie Pick seconded bo adopt resolution approving project with modifications presented by the Commission as follows: AYES: Kate Colin, Charlie Pick, VikbniyaWise, Vice Chair NOBS: Larry Paul ABSENT: Maribeth Lang, Dan Sonnet, Chair 4. 350 Los Ranchitos Road (Guide Dogs for the Blind)-Reqmest for oUse Permit and an Environmental and Design Review Permit to demolish an existing 22,560 -sq. ft. residential hall and rebuild it as a 26,626 -sq. ft. structure (this application would amend a previously approved Environmental and Design Review Permit (ED1U-UO1)and Use Permit (QP1D-O02) for this facility); APN: 175'350-03; Public/Quasi-Public (P/QP) District; Guide Dogs for the Blind, owner; PhnydStmrhmmather, applicant; File Nos.: ED1i'017and UPI 1-024 Project Larry Paul moved and Kate Colin seconded to adopt resolution approving project with minor edits presented by the Commission as follows: AYES: Kate Colin, Larry Paul, Charlie Pick, ViktoriyaWise, Vice Chair NOES: None ABSENT: Maribeth Lang, Dan Sonnet, Chair 5. EellamBoulevard and Windward Way ' Request for Use Permit and Environmental and Design Review Permit toallow the establishment and operation mfthe Canal Community Garden and associated site and landscaping improvements on a vacant, 15,500 -square - foot site; APN: 080-280-08; 1-1/2 (Light Industrial/Office) District; Trust for Public Lands, applicant; City ofSan Rafael/San Rafael Sanitation District, owner, ; Fi|eNp(s).: UPI 1-014; ED11-013. Project Planner: Paul Jensen Kate Colin moved and Larry Paul oeonndodtoadoptn*auluUonappnzvingpnojeot-noohangeuwore made tothe conditions ofapproval aopresented bystaff as follows: AYES: Kate Colin, Larry Paul, Charlie Pick, VikboriyaWise NOES: Nona (GPA1 1 -01) Project Planner: Linda Jackson Larry Paul moved and Viktoriya Wise seconded to adopt resolution approving project with minor edits presented bythe Commission mafollows: AYES: Kate Colin, Larry Paul, Charlie Pick, VikbxiyoWise NOES: None ABSENT: Maribeth Lang, Dan Sonnet, Chair 7. Greenhouse Gas Emissions Reduction Strategy (P11'OO9)Project Planner: Bob Brown Kate Colin moved and Wktoriya Wise seconded to recommend adoption of the Greenhouse Gan Emissions Reduction Strategy aefollows: AYES: Kate Colin, Larry Paul, Charlie Pick, VikbxiyaWise NOES: None ABSENT: Maribeth Lang, Dan Sonnet, Chair DIRECTORS' REPORT Planning Manager Paul Jensen gave the Directors Report. COMMISSION COMMUNICATION ADJOURNMENT ANNE DERRICK, Administrative Assistant U| APPROVED THIS 2011 MAR|BETH8USHEY-LANG.Chair 9 0 CITY OF SAN RAFAEL • a a w • • INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 4. a DATE OF MEETING: August 20, 2012 FROM: Carlene McCart DEPARTMENT: Community Services DATE: August 14, 2012 TITLE OF DOCUMENT: Resolution authorizing the City Manager to enter into agreements with Trust for Public Land for the ff and Windward Way. Dbpartment Head (signature) for of (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL AGENCY AGENDA ITEM: A APPROVED AS TO FORM: City Attorney(signator