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Planning Commission 2012-01-24 #2 Attachment 11
ATTACHMENT II REFERENCED HISTORICAL DOCUMENTS San Rafael Planning Commission Junumy24, 2012 Re: San Rafael Airport Recreation Facility Declaration of Restrictions in Favor County f Marin and City of S n_ Rafael (File No's.: ZC05-0141P05-08/ED0G-18) Deaf Mr. Tambominl: - - Ourofficerepresenis the County of Marin. We write this letter regarding the above referenced project as the owner along with the City- of an enforceable interest in the real property which is the Subject of this land use application and which restricts the uses to which this property may be put. - As you know, this property located at 397— 400 Smith Ranch Road, commonly known as the San Rafael Airport, (APN's 155-230-10, 11, 12 and 13), is. encumbered with a recorded' Declaration of Restricelons" that was executed and recorded by a prior owner of the property in favor of both the County of Marin as wall as the City of San Rafael in 1983. (A copy of the Declaration of Restrictions is. attached to the mailed copy of this fetter for your convenience). And as Stated in the Staff report authored by another City of San Rafael planner with respect to this project, the current owner. judicially challenged the validity of the covenants within the declaration. However, after extensive Rigation in which both the City and County actively participated, the court upheld the restrictions contained in the declaration.(See the staff report authored by Rag palaver, dated February 13, 2006). Like your City Attorney's Office, ouroffice has also re sewed this declaration, and agree with their conclusion that "...R means what it says—it Is a restriction on the potential land uses for the pmpety," We Would add, however, the caveat that since this declaration of restrictions specifically runs with the land, the restrictions will exist in 10,g PAuucn K.FAuaaunx LOUNTY COUNSEL OF MARIN COUNTY MaxbAxry G.Rrvexs: - Ccuarv=NnEL WNFE GoCWNI BREWER 3591 CIVIC Contar Eiden, Suite 275 Dwu L."! cera dorKr.ewl San Rafael, California 941303-5222 MICxELEKogo A55uvnrvrCuulav Colxrsty Naucv SmAm Gxistwu (415)4996117 JENNIFERM.W.WwFRMEr PA'WaK M. K ReMIRosai DmnmyIIL JONES FAXCl5)49e3]Be -mmes F. Lvwus xlet i BD (415) 4932228 ftp: � Swung R.IWn lit l% SnE M. Pew. - - 31lww sl Wl Ucl m uku JAN - Bites MJF Mir�r,_. 7 - _ DFPanI:a GOCITYptTYO JEANiN8Mlclwus SANFVV Cron W'uiwsm.�rveanurw+r F'11FAKL December 28, 2009 - _ VIAE MAIL AND U.S. MAIL Mr. Kraig Tambominl, Senior Planner San Rafael City Hall - - 1490 Filth Avenue. Post Office Box 151550 - San Rafael, CA 94901 _ Re: San Rafael Airport Recreation Facility Declaration of Restrictions in Favor County f Marin and City of S n_ Rafael (File No's.: ZC05-0141P05-08/ED0G-18) Deaf Mr. Tambominl: - - Ourofficerepresenis the County of Marin. We write this letter regarding the above referenced project as the owner along with the City- of an enforceable interest in the real property which is the Subject of this land use application and which restricts the uses to which this property may be put. - As you know, this property located at 397— 400 Smith Ranch Road, commonly known as the San Rafael Airport, (APN's 155-230-10, 11, 12 and 13), is. encumbered with a recorded' Declaration of Restricelons" that was executed and recorded by a prior owner of the property in favor of both the County of Marin as wall as the City of San Rafael in 1983. (A copy of the Declaration of Restrictions is. attached to the mailed copy of this fetter for your convenience). And as Stated in the Staff report authored by another City of San Rafael planner with respect to this project, the current owner. judicially challenged the validity of the covenants within the declaration. However, after extensive Rigation in which both the City and County actively participated, the court upheld the restrictions contained in the declaration.(See the staff report authored by Rag palaver, dated February 13, 2006). Like your City Attorney's Office, ouroffice has also re sewed this declaration, and agree with their conclusion that "...R means what it says—it Is a restriction on the potential land uses for the pmpety," We Would add, however, the caveat that since this declaration of restrictions specifically runs with the land, the restrictions will exist in Mr. Kraig Tamborninl Re: San carrel Arpon Recur tlon Facllily nemmber28,2000 Pago 2 Perpetuity. It is also important to rememberthat at the time the Bermudian of Restrictions was approved by the County, the properly, owner stated the effect would be to"...prohibit any further development of the property..:" (See the minutes of the Marin County Boom of Supervisors meeting of N/E2/1983 also attached hereto.)_ Because of this, the County believes it is critical to Include in any future land use approvals for this project crumin conditions that might not be applicable to land use permits whore the regulatory/coning authority approving the projoct does not also have a pmprindary Interest in the property. . SpeciQcally, we would request that copy of the Declaration be noted In, - attached to and Incorporated by reference In any land use approvals. In addition, a specific condiliculd) should be included noting that any Tulure uses of the structures and related facilities on the properly am limited by Declaration of Restrictions. In that way, 9 for any reason the planned "foundational" use of this 85,700 square foot facility ceases, potential ownersgessees would he on notice of the additional restrictions on future uses of the strucbtreB and appurtenant facilities beyond those contained in the relevant general/specific plan and zoning. - Finally, we woWd also request that any land use permit require that future peanut requests be sent to this office so that the County can be assured of its right to intervd re should we determine that future uses aro not Within the scope of the Declaration of Restrictions. - Very huly yours, David Deputy County ty Cou Counsel Encls. cc: Rab Epstein, City Attorney Supervisor Susan Adams Iraq t- N30h2v75 ' RgsotdN,f oN N TRESOLUTION i _R OPTION ANo nrPT RSNa;Nno,W .IAR„gY THE CITY CpoNc_I, OR eer. CITY 01 swx mmAay RLsmpvs .. £ev.oxx. The RANGE Ind CITY CLLR. are Iiad Lo OXeCuLe.en behalf If the Ci Ly If San Rnlanl, a Optiemit and Ucflarat,.,n Of ReGtracuov With RICAN, NATIONAL STATE. 1ANK OF NEW JERSEY (Cie, CenLvv NILth) cont n9int npnn pglneai by the City gitarncy and Lbe £u LLun Of any CIE'llianalan.1, within 29 hwL. aftee tc Ct al Line oCfun If ea.d 6.glmcntu, tO Ohillt to .,aid do 11 ROME it. NI, Clelk Of till If San ELL.It, hevedy 'I'LifyRtant the LfoN going c�olv[mn waelyvly Ind regularly }n LtadnoN and ada,peed at a regular meeting of Lhl city toac-lv It .n.w City Laid enRandal, Ih, _ ri_ th _—� a of AYhi COUNc.ILM Cl1RRg5: R na,, FTURnII. Sell. Rule,, I NaYpe Mu Lynn. COOI ARS NCILMUMo¢R5: Nan. le/�i Ems. I,eO�w Ini C y-�lel.k OFFICIAL RECORDS COONYY OF MARIN 83062995 RECORtm AT REQUEST OF. - AOENOY&NOW—�N{�-- RECORDING RE0139ITTKII ¢Y. AT=�YIIL uu(aN. )LC 1 61903 Nmrkl hl a Now DIF CIM AFIS¢ NNCONnIN4' DATE TO. oRim Fv tomo DECLAILATION OF RESTRICTIONS tllfb DLCLARA'TION OT HYpaRICTIGNS f> made antl IF o _ to by and bltwncn Ela. 1 Run RnlaelI a manrc]nal ddbol,allo, elm (h mernafter eforral to ad _ y^). the Elr.t Na4Tonal Stote na Rnnk. xrnFunuai banking a.secant ren f .... imhcr "Ir"re _ to as )Wner^)I I'd IF, Calmly of ear n. a palatial >addivigicia, of the State of California (hornEnkrlIlr referred to as. .coaly-), 5 .n .....[tion "th the following atmamatn e o (n)Y re P"ll"LrnIt the regaC>t Of .once a tentative q aL bd [vta2 mtmap dap Fina] p. eab dtai of ml man relat mg to cerin 3n nAPI.Pnr, tY Y thl D1,111 F nthe red property d.niCnn[ed Sr non Fly ll ill [be eechlbp atta.hed h. and item pmaCed - �i. Icre(b) A, a nondi oar yp,ryal of said tentatly, sabdlvlaion map and final aubd n ma P. L.. Y Own required, mad pma, has agreed eq than Rail... time rf rnatriuIxons In the terms a+m and conditions hereinafter nor t.,th. NOW, TERR XIME, th. Ome dentodes tea[ the real P"""ty designated If 'PARCEL Beio Chp enhihlt hereto IFERIT be held. a CTe nsF atar9. cn.uabe. etl. uned, >cl d. Com cyel. Ill,ed, antl O :.Pled, .abject tO Lim restrmtroa_. antl 1111tarrts hereto Contained, exprosoly and nxL la.aiw,IV for the ude and benefit of said.pen[ every r "'' tad Paxcel of Cml propertyowned by City. Ind by penalty and by Idea of them. I. nna .r .aid real property anaerifled bell be made Or Pcrmil. Led cxe.pl. the Ad Juiltnp: OFRCIAL RECORDS fgNNTY OF MA N (1) IN Oki mK .,[.......,,,tiny t as an Pe,t and :,.laird mean - (b) Pan I In at r, ty ns.. ,.. nnm"IVON by th,. ONE I'no... to Na, ana e(1) wnkat led ee airport re aced none. n (G) H.a . .. _ Cep Open ni .e. ��mmr-eatx�t.,x.eVati at—...o-tw,r+ c o �Tbi led t:ul GOVCnIAtS aonta,aed Rete,. ave in tan with tee 11 111, ,ad for the e Of ana Shelf behind,x eanta11 Pax,Commit.Ind P,r_On..htI, m�• arae,- them, .-undo c IS, nal,ee ae,a and ....III, of o,..... at Joe on 11 ei l IT on a it ml mn IIIII ..ate any Pt .ta.eH n et.na.,mvein Pnneld, either I, nat.... ... lat..n .r to ren.ae, dcarlooll, 11 blthI, the event of litiyau.n atlaiON n.m.n ,mat,ay to the' Dr .:Ia,mtldn .4 Nest nn. the prOVIiling Patty Heroin sball be entitled in On tN ,n a .[venable ameant to be ..et by the C,tt Poe _.}ICY f l ma Innate,, III 4.any u.0 .f the,, envenkn[s by a ,,m¢s.at of ,,It Order .hall n, nn way nrteet Any other pknk ,vnad find atP netea.m e- . athnamemmoral,l a:..n IS al ine6Y owrvsHy1HHA' HATNNAL 6M'tl HANK DV ti, rff (, Io amnaa OF NEW a6 sr 1 11: _ - COUNTY O W[.YH� I AEMEMBNH%b. That . n Ninth JRv e£ Nolk'ahet. 1 nN IT Natoli, a hli, O sey. Pers lY a r � ged: J..� wrap' ine. Trot National S R _ aWho I am atiltild 11 theSm wl- do, I- n i M1 i. inll,"I'd the own, In knoeh.4,-I d t. o W 3 I'd w: hi -1.1t1lam"t I, w a root ,i t. al apt ,, r .en eN i him y�C`l/ a.$ lIFF(f`IA/ A f'n0 ¢ 1`n�u/N nc uAp14 - _ - - - 830(,2935 oa ad: 2z--14 10753 CITY L £. uik x FIIFST by y. e - ' JFhAN1! _ lylerk oa ted : _ (_ lA tcl CGUNTY- - Y by A.- bY - ¢10 OFEA TIME mp u0etx[Y ILn REPS (mntlnoed fi m vote r y pvyaJ ^tea S05 hIIW C, it Rh"S}Jxv(R'IS I A _ N I_ AI Wto tl F proY f ap the M1.Carl. aJ'It fI [fi0 p fjps $ pi tIs L tL t p a [�—lip —Pi' At ftRAu l�A._e. but at'."�h e.n. '��n-� A� J A4�A yr +.e afFe mTcJe patr et s a 11.3 mlllfov I IbI I as To an 16' E log Iia applies halt If the Op of Marto. 1 vN MEa pmdianei Innd To Impacts the local Lip fortune unto and Relents pel el al m of the Para v 1 qe W rye R s[ HY msyse to tl r III to up Tat Sappervil PYn_ t PLLn Pat, is lv du tvealon= n r tl!t [vllvse District,roc4wv11 anJ Orwn m 'm,ad To bal 0 pil lice' bul al That To C Inti64nF ing c MISS! ntlrenlims0 .1 net to conflict villi cal periodSeyn stN m tvuv Wvr BM=FLAREUR Cal COPE ill MLSpOx116 MIM1 1,011iWL Is - cPI - Ell as M1eMp 'm - MC Wa rrl 0. I ) 5 Lel ir- reya n an Mun lE Mnl a' t IF ohm it:n Mot 'Xi rnl E it, n han II or tL x sect has All try ndRa -1c and a col-ents or The local Lu hLm supported Mhe"P ri seJ lc O expressed concern that his Fsatlx amlghtnvuvaa!n mblai Ind dLa I Transportation MET Each vn nt w! r Ors - cal rkin9 I vP tLv CStu Stuff a a that tea N ane a ffta!,. nM emJ dv Me= n in c t an, b e t v yin H!c uN ncvr yr. yoanJ 1119 To 101, but that i vu the -Tell Ill Intention v a=w n nr!,my t. nyun=t vM! ° ruex .ones= tion IT r d chat they visrnla env vnn A tr!t. pc nb.ecmzn[vj Y�@onority but far lyl col r. a tal conO !a n,ak rol! priority truth n' only t' er in!c pollido tle drive!' oftME. vtldale be Ease I'vll1. wlnq disossslon vi"Caol! 'left rcya rJl y Cao n O Pool dl.,,et„raanriy Po et ., e t ArenAnrrst=avell, in socuon 8.09.09.(nj amm dtd m Inch e 1 9incesso n erlmvJ Inv=vee, p Piceprep Either FEET AYES PI Il�E EETMIn Ill e el 'it.... 1" P/a 6WcanbJ-Amon, is a prcc sector O.O-Wfbi w egard m loavl!rq an ml he onE"Pecttel all nitbvt aatrlvmven c [Mbtinr, aS proposed, TIME Ill to 1 812Ron ii av f=pove-dv ee a osrrt4 S[ tc Prore-vupb vn p ,voted n i A.vtmn There 10.12 Mass '!Ilwtlno. The prvvlsivns of til engaged FIT hal al J,, cna`ner s -1 to LJ'v ial Alivlmsvlead ab ve ythe Cal IEITE !Lo om 11iSh and Game IT ! = coal theal l Mar msph!� M/s S[ocMelltiia wmin i, Me par Scctil! 0.@,OIO as pr vlfh filedESP!m = section 8.12.005 a, set Porth ahwm - All nrA rp to Section e,lz. m tU20 Allowing Allvn bq Tet Pin"Tens It large, TIES Intel e this section. nn v Alxv= m PLL hip" neral 31 xrwte: P. Ivz3/M3 -BOB Mrso ng O60214 mcgnd a rton and repair work. Page.S of H By letter dated February 14, 2006, on behalf of Supervisor Brawn, Community Development Agency Director Alex Hinds and Principal Planner Thomas Lai submitted their report and recommendations regarding the above-raptloned matter. Mr. Hinds gave a brief presentation and advised that staff recommends that the Board cap the Ictal amount of waivers to $20,000 over the next 90 days, subject to renewal by the But of Supervisors at that time. M/s Supervisor Brown - Supervisor Murray go adopt Resolution No. 2006-20 authorizing the CDA Director to reduce permit fees for sbnn-related reconsVucton and repair work and cap the total amount of waivers to $20,000 cover the next 0 days, In response b a question from Supervisor Murray, Mr. Hinds advised that a second press release will be sent to local medlar to Imomt the communty of Nis reduction In permit fees and further advised That It will be noticed on the County website. Thereafter, the vote on the pending mofion was AYES: ALL 9, Supervisor Adamsrequestingresolulionsuppoiin AB583 (Hancock the"Cplifomta Clean Money and Fair Elections Act"Lelaied to State funding of candidates running for Starts omens. By memorandum dated February, 14, 2006, Supervisor Susan Adams submitted her repod and recommendations regarding the above -captioned matter. MY Supervisor Murray - Supervisor MCGlashan , on behalf of Supervisor Adams, to adopt Resolution No. 2006-21 supporting AB 583 (Hanover), the "California Clean Money and Fair Elections Act," related to Card funding of candidates running for Slate offices. Supervisor Adams requested staff to send the letter of support to Assemblymembem real Hancock and Joe Nation. Thereafter, the vote on the pending mother was AYES: ALL 10,RerR2 t fiom the Deoartmant of Parks and Open Space discuss issues m ated to the rp�d San Rafael v o crcr flon Facility. _ By letter dated February 14, 20061 Parks and Open Space Director Sharon McNamee IMpbourrhowanicus.condMinotesViewenpirpaview id -12& lip A 950 - 4/19/2006 110ESMeeting 1)60214 Paye 6 of 15 submitted her report regarding the above captioned matter. Ms. McNamee advised that the deadline for comments on the City of San Rafael's Initial Study and Mitigated Negative Declaration for the proposed fecllity, is February 28, 2006, Ms. McNamee noted that (here should be a minor cefiection made to the Information contained in the last billeted item of the staff report to reflect that the soccer portion of the facility is proposed to be closed from 4-6 p.m., not the entire facility. Me. McNamee presented some visual slides of the proposed project site. Board members commented on some of the issues raised by the Initial Sludyand Mitigated Negative Declaration and on the responses by County staff to data. City of San Rafael Community Development Director Robed Brown advised that neither the City nor the applicant received the staff report from the County Department of Warks and Open Spew, Mr. Brown commented on some of Me proleors merits and proposed mkigations, and urged the Board to schedule a publlC hearing before making any decisions. North Bay Soccer Foundation President Andrew Rowley presented a brief history of Ne project and also Urged the Board to schedule a public hearing before taking any action. Forei Club Marin President Tighe O'Sullivan spoke In support of the proposed indoor soccer complex and submitted a petition in support of the project. Marin Indoor Soccer Center representative Ivan Moreno read a letter from McInnis Park Golf Center Partner Catherine Munson in support of the proposed project. (Supervisor Brown absent at 10:01 a.m.) Two representatives W Friends of Collins Creek and Wetlands and several members Of Me sublic expressed concerns regarding environmental, tmltic, noise and Modern impacts of the proposed project and submitted photos of the properly. Concerns were also expressed regarding the proposed sale of alwhol at the facility. (Supervisor Brown present at 10:06 a.m.) A member of the public spoke In support of Ne Proposed spoor facility. Applicant Bob Herbst submitted the City of San Rating', final Study/Mitigatetl Negative Declaration and commented on same of the concepts regarding Me proposedproleCt Mr. Herbst presented photos of the area, along with correspondence and petitions supporting the proposed project. A men$er of the public urged the Board to consider convening a committee to study the lack of affordable housing. Board members generally conveyed support for career facilities. Supervisors Adams, MCGlashan and Brawn expressed concerns regonfog creek setbacks and environmental impacts to the area's habitat and wildlife and urged the City of San Rafael to incorporate the use of permeable surfaces and green building practices in Me project. Supervisor Adams also expressed concern regarding the proposed sale of alcohol at the facility. Supervisor Brown expressed the hope fact an allowance for htip://maria:granicucwWMinuteaVicwerphp?rico i1=12&c1gr_id=950 4/192006 ruse r or ra some general public use ofthe p6vatefacilltycould be made. Supervisor Kinsey commented that it is appropriate to submit comments on the massing of the proposed structure. Supervisors. Murry and Kinsey commented on the erttical need for mcreattonal facilities in Marin County. Board members agreed that it would not be appropriate for the County to hold public hearings since this project Is In the City of San Rafaol's jurisdiction. Supervisor McGlashan made motion to direct staff to compile a comment package regarding the Initial Study to express comms regarding impacts an habitat and wildlife, creek setbacks. and permeability runoff and flooding issues. After further discussion, he withdrew the motion. We Supervisor Brown - Supervisor McGlashan to direct staff to random, comments on the Initial Study from various County departments standing theinclusion of green building practices, the use of permeable surfaces, and condoms about any environmendal impacts of fine proposed facility. AYES: ALL M/S Basement Kinsey- Supervisor Murray to direct district remove the request fe require an Environmental impact Report ("EIR") for Me proposed facility allowing the City of Sen Rafael, as the land agency, to make that determination. AYES:ALL (Supervisor Brown absent at 10:50 a.m.) 'I t. Request firm the Community Dayelopment Al en to adopt the Urban Environmental Accords includingC un sustainability oa ale, related to the June 2005 'World Enviernmen�" held in San Francisca By letter dated February 14, 2006, Community Development Agency Director Alex Minds and Planner Dawn Weisz submitted their report and recumn nondattens regarding the above -captioned matter. Supervisor McGlashan briefly Informed this matter and Mr. Hinds. spoke about the Community Development Agency's assessment of current, planned or completed sustainability initiatives. Planner Dawn ii briefly commented on the potential cost savings of the borons proposed in the Accords. M/s Supervisor McGlashan - Supervisor Murray to approve the request from the Community Development Agency to adopt the Urban Environmental Accords, including County susannabiltty goals, related to nine June 2005 "World Environment Day' held in San Franciscn. Board members commented on goal pr'mritizatlon, directing staff to Include the Board in this process. Board members also recommended that the County's progress grand Me goals outlined in me Arachnids Water Principles, the Cif sfor Climate Protection Program through the International Control for Local Environmental Wratives (" ICLEI") and nine Urban Environmental Accords be tacked as part of the annual budget process. unrelated" .ganicus.emnMftmtrstfeweephpyview_id=12&elip_joha50 0.19/2006 MM ID Tu: tient Bobyon all Ta[ae1 From CaboratMCCiat (OMMONIiY SERVICES r4 Date: JWy2s2DM Re: Smith Rand)AirpWC oMmtRo sal This San Meet Park and Ran saner Ccmmkspn reNowotl the Rmposal lw Moor recreation Mclint at Smith Rahch AlrpodatfFeir rel of July 21. 2005, as par your broad. Tho Combustion limibtl considamlbn N the Proposal W Re value of such warned to the community, Ills warMan utmost of be Mi for seMw W me public a:M its proitive conlnbugan be lite revca0on ha billy member, in San Rafaof.There was nerd W the audience be speak N the Isaue. Comments made by Commissioners yours - The, bargain of Moor succor and baseball faodow has recsivM a very positive reaction from • high schod and adult payers, some W wham [ravel to Vallejo ant Santa Rosa to presentee such WrvlAies. J fire use W not consumedly dMin offer reveafbn moulges can be accommodded in the • LUIMmg proposed: • Indoo succor R a my feet game aAwand attractive to all was groups, and will be successful N Sen Rafael • Tho call of those fazi will be a community brief. Role that the proposed wonder baseball field is tat adult pmpodioned, and therefore will be effort by pout organlzallons, which will he wekamo considering No shortage of heltls a Marin County, • The propmsel Malities aro In line wth the General Plan 2M and moods the goals of PR4 fortune is ce nlml and rateable W Ne pubf . The puW¢ hotvey uses Mclnnls Park adjacent W Me probated site a)tl boom ante M the fields, werahrri antl all Malde au similar to therm proposed for the Maw toaster facility. The COMMlasron wencluded the ilom with the faNawlap motion: M/s KreksmanrMNarnake W recommusbal Indoor sower, baseball and gymnastic wet lies are Womanlike, add traded N San Rafael, and will be war used in the proposed lucahen. AYES: Weissmann, Wbamorsky. CuinWro. yales, Wanecke I'll More ABSENT: Miharl, Mutplry. Rath, If I or Ne Combustion Can W helpful In this under news call on us. etre o n:.,dd a/�l Orion or Oup, ( rvxnoasse n.ygrylm4 OY Aaft reY er a R G.,=.Aniamnl U'n Almmry Mf[Done. D:ponC ycVXxr Y Steve Petlerle Principal Park Plawwr Deemhrent of Parks and Open Space Coun y ormiuin 3501 Civic Comm Drive, Suite 415 Sanla fael, CA 94903 Rc: San It lml Airport; Declaration ofRestdctioru Dear Mr. Pallecle: dpostA bol aWa dlAd�= I � nrnwar mnn� taw,tn crow, �Nare He&C yNMaaer GUY Ftiftps Actifed "1.,2005 You letter of July 13, 2005, reporting the proposed ecmrationd facilities at the Sari RaGel Airport (Smith Ranh Airport), has beeureferred to this office for a immune. You Imve stated in you leper that "[allthough'private and public recre atioa uses' me punted [under the ameardcal Declaration at Restrictions], the declaration pmvkles no indication that shimmies earned to these uses arc allowed." I have reviewed the (Sty's flea enncensing the PD ir✓.aring her Ibe Civic CeetatNotlh project approver) by thdihsmee No.1449, whut included condition "y" that required the foregoing Declaration, ralao have spoken to but City Planning Director, Anse Moore, about that condition. All of the available records that i Itavoseen impute Phan the condition, as implwmented by the Deduction, was intended m Iimitlbauses punit (ledon the Airport toopedy, not to probibit shnctures that won Id faclirtc such uses. Consistent wide the Dmlmatian, aDun, recall, residential, and most non-amput eommmcial uses rap rot permitted uses on the Ai card property. However,a cause mold recreation facility, occupying stmotuies, appeals to be consistent with the Declination since it would be a "private" recreation ase. The City's emfier Genual Plan 2000, adopted in 1988, and the mmrum City's Cmeral Plan 2020, oriented in 2004, bath acknowledge the Declaration and recognize that "private and peme remcatiocu gents, adopted by Cit Council Ah port property.Therenput bythj Comic General Plws documents, adopter by Nc City Cowmil with oppnmwity I'or innutby the Comity, 1400 Fifth Avan,, (P.O. Pea 151560) San RVGe4 CA A9151560 PHONE: (415)48530801 FAX: (415)4859109 1 cmvLL city amu roti ' e"nariatt,a to indicate that structures would be prohhbited to entry out the'�Puiva,,, and pubLc recreational uses" permitted at the AirPorl. Inudcrstaud that City stuff will be cleating in the near fitum will, County staffto discuss the proposed rwrontion facilites at the Airport. To assist City slaffin preparing for ineh mebtwg, we would apparel your providing us with any documents or ether hffiwatimn that van might have But would support an interpretation of the aF rmcntionui Dccaaton m prohibit structures in worsia oe with Wo pemdned"private and public recreation uses" on to Airport property, Thank yon for your cooperation and assistance. Sincerely, EriG T. Davis Deputy City Attorney Copy: Rad Gould, City Manager Bob Brawn, CammunityDovelopmcnt Th ntmr Rats, Moran, Scniin Phonier IYW YifthAvu , (P.O. Be, J51560) Ban Fufne4 CA vous-i5an PKOMS: (415) 4853080 1 FAX (415) 485 3IN/ ejmd: yenwmyQuszmefaau,he ATTACHMENT 12 OTHER INFORMATIONAL DOCUMENTS &nRafael Planning Commission J nmy2g2012 DEPARTMENT OF THE ARMY SAN FPPNCISCO OISINCT, U.S. MNYCORPS OF ENGINEERS I4SSK FUEEr mrtrnwor MCO. RRETSRNIA SW FPMICISCO.CALIFONXIA9Ifab119a REPLYTO RegulatoryDivimon DEC ' 9 9011 SUBJECTFile Number 200630121N Mr. Bob Hetbst Sm Refdol Airport, ISA 2165A Brumboxi Boulevwd San Rafael, CalRbjix WISH Dear Mc Hobsc This letter is written in regard to your request dated November 9, 2011, requesting confmmafion Of the extent ofCnrp t of Engineers jurisdiction at the San Rafael Airport Recreational Facility Income east n£1he reunions of Smith Rancb Road, and is boidcrai to the north by the Earth forte ofCallwas peek and to the south by the San Rafael Airportmawayin the City of San Rafael, Mann (Aunty, California (APN 155-230-11 Road 155-230-12). The enclosed men entitled, "Map of Jurisdictional Areas, Marin Beirls Airport, San Refect, (Alifomia,"in me (1) short &to eachfil November 23, 2011, ar candsey depicts the Saturn Rod lOcafim of Corps junsdicam within the study area boundary We have based this junnsictianN delineation (deli scimin).on rho award conditions Of the site, as verified during a field Investigation of Weimar 26, 2", and other information included with your submittal. We have determved that there are no waters of the ITS. as defined by Section 404 of the Clem Warm Act (33 U.S.C. Section 1344) and no navigable watem of tire U.S. as defined by Section 10 of the Rivers and Harbors Act of 1999 (33 U.S.C. Section 403) within the Study area boundary shown an the attached deliwsfion mop for your project Thcrcforq d Departmant of the Army authorization will not be required to cmnplute the Ron yrity you me lnuposivg. The determination that a Permit is not nupuked for your activity is bash upon an m -site inspection of the project by our staff m October 26, 2OU6 and our review of Base Map, Lmds of San Raf d AirportLLC, Bared B-21 RM 70," dated October 19, 2065. This delineumm/delerro anion will "pite in five years from the date of RUN letter unless new hdormation warrants revision of firenlinearioNde[emutatiau Itetbrathe expiration date. Also, a change to your project could also changC tris degueation/delamination. This dalineation/deftemnarion Supersedes our previous delincatim/determinafion dated December 14, 2006. This delimallov/dcfcmtwalion dors not obviate the rued to obtain other Federal, State or meal approvals required by law, including cooryRwm with the Federal Endangered Species Act (CSA) (16 U.S.C. Section 1531 et_veq.). liven though this activity is umptohibitedby, an otherwise subject to regulation under Seeded 4ob, the lake of a threatened or andangetul species as dehood ander the ESA is not authorized. to the stamen of a sepmffic unioriwiou&mn She U.S. piste mrd Wildlife, Service or the Na0orW Mantle Fishm ban Service, both lethal:nd mo- lehal rakes ofpmWtW Vecies ms aviolation of We ESA. Similarly, the appropriate Stated California, Regional Water Quality Cournal Homd may still regulate your proposed activity because of impacts to a "water of the Stale". Therefore, you should aim) contact appropriate Federal, Stare and local regulatory authorities W dotendnc whmhmy0m activitymaymquire other authorivatlons mpeamid. You are advised ma( the Corps has established an Admmisimlive.Appeal Procurch as devaibed in 33 CYA. part 331(65 Fed. Reg. 16,436; Mamh28, 2000), aryl dutlmedinthe ouclosed howchart and "Notification of Administrative Appeal Options, Pirmese, and Request for Appeal"torn(NAO-RPA). IFynudonotint dtoaccepttMapprovedjx"iGional determination, you may rival to provide new information to the District Engineer for reconsideration or submit a completed NAO-RFA form to the Division Nigincer to initiate the appeal protean. You will relinquish all rights to appeal, neves the Corps receivesnew emanation or n completed NAQ-"Adoor within sixty (60) days of due date of theNAO-RFA Should you have any questions rcgmding this matter, please call Bryan Momentum of cur Regulatory Division it 415-503 6786, Pleme address all cone pondenca to theliegWabry Division and ref to the File Nmnbm at the head arthis letter. Slnematy, - Barre M.11mrs Chief, Regulatory Division Copy Furnished (w/delineation trap only): RWQCD, Oakland, CA WSA, my San Rafael, CA (Attu: Doug Spiema) ®" Legend ® Lrisa[WnalPreas „ , QswyAres a„Jaary Nap of Jurisdrehor:al Areas Marin Ranch Airport wry, Tsunami Zone i l� �s39r .zf �..✓ q�� in pj SCALE 1 :16,222 ti H wu0 TOW 3.000 fFFT ThuSday, Oecember 15, 20111:34 PM Califovrie AHC-Lleease Que:•� Sysfcin-Date Summary 1 s� California Department of Alcoholic '` Beverage Control ,Ir License. Query System Summary as o%' 1012612011 LirS:oac Inl'ormntlon - — `� ieel eNambmr106441 Amor Owuer: ROWLEY LOURLIHADX&HERBERT INC G ODfec of Applicatlac 27 - SANTA ROSA__ Eo M1'ame ting Hininua Aa: SYORfS (JTV iaoss Address - - - ddresa:6700S'I'ONYPOINTRD Calaua Teael:1812:01 CO'rA'H County: SONOMA _ Lioaceee — 6ce et Zip Code: 94931 Infunnvliml �Co—oo: RO W LP.Y LOURDAAt1X & HERBERT INC ntOmry brjovnm(ion OIHca: ROWLLIY ANDREW PAUL (PitLSIUHNTI Officer: ROWLEY MONICA LORENA(SE,CRAfARY/ASST SAC) �011icec LOURDP.Al1X WALLACliI P'RHAS�URER) Offie'e:-IIAUER1;DLRRICKDHAN(VICH_PRRSIDHNTI _ Stock Holdoc HERBERT, HERRICK DEAN Snick Uol&- LOURDEAUX, WALLACE I _� Stock Hnldev: ROWLLY, AN)RFW PAM �e l'v vry I)Live Typa 40-ON-SALF,REFR _ Lic oae TYPe smtus: ACTIVE SMNea—Ih ld UN -21111 'fere: l2 Mnnlh(s) Original Bsuv Hatt: 31 -MAY -2011 Ex rh aHon Rate: 90 -APR -2012 Master:Y Dunlioata0 Fee Oudc: PO Cnrrenl Illsci dlom'v Ac[ipo— - -� .. No Active Divciplinary ActionfMind... Dis'riplinary Ilistory No Diedpllnmy /rnmy/orind... I lald Inl'n r:n:dinn _ No Ar11_re [(olds � nnrl.. - -� H6amv .. Na L'scrmafmard... Page 1 of help://www.abc.cagov/dalpolHLQSDom_aspM-55801575 10/2112011. California ADC- License Quer- System - Data Summary Page 2of2 --LndgfReRm!—_ For a definition ofco&,% view rlaossary. hllp://www.ahc.ca B, v/datporVLQSDataasp?ID=55801575 10272011 Callfonea ABC -License One,, System - Data Summary -'�,, California ]Department of Alcoholic Beverage Control Xo- License Query System Summary as of 1 012 612 01 1 I,iecnne hdDrmuilon- 1VumLer:406425 - a owner: ROWLIIYLOURUeAUX MTRBERT INC BC Offiec ofAPpacatlan; 27-SANI ROSA oushuvs Name oin Boeiuess As; SPORTS C[1Y �i wAddress_ Address: >21 P Census Trach 1528.01 Kai: .:.SAffiA ROSHOSA CoCnonty: SONOMA 'tate;CA T.in Cade:95403— - Liceosaetnl'ornmtiun Lica c RO1WLLYLOIIRDF.A1X&I1EItBEKI'INC Conrymry Lr(m'rna[ipn Officer ROWLEY, ANDREWPAULAP SE R OfOuer ROWLEY, MONICA LORENA (SLCItEI'ARY/ASST SFC) OffioorJ OURDRAUX WALLACEI (TRP.ASURER) Orae IILRBERF DP.RRICK DLAN(VICH PRBSIDI j I� `9tuek Halder: HERBERT, DERRICK DFAN dock 1loldcr: LOURDP,AM. WALLACH.I Stuck Holder. R_0_WLEY, ANDREW PAUL t Liunae 3}pe: 40 -ON -SALE ELLR LiwnscT Sta[ne: ACTIVR Status Date:a10-MAIZ-2004 Teri:12Mon@(s) Ori' [laeue Ualw 10 -MAR -2004 - Rxphnoun Date: 31 -MAY -2012, Water, Y llnpliorta: 0 Fee Code: P40� Condition: CODE 8 - SLLP-INCORPORATION - HISTORICAL VALUL ILiccnse Typewae'fransfrrrcd On:10-p4AR-2004 FROM:90-ID233� iseiplinarr Action ..Np Aaiw Disciplinary Aetlon.Lmnd... 15intoplinsly Hisraq Beg. Number: 0]0668]4_ _ F 1) Sectimc 2S65A (a) 2) SW inn: 24200 (a&b) Page 1 oft http://www.abe.ca.gw/datpnWI,QSData.asp?l> 19396475 IOM/2011 Califomia ARC- License. Qu,,, System - Data Summary Page 2of2 Yrncecdine Sbbe: CLD\HD Dccuian: ALL 5'1'AYF,D rW aaacravjrord... - --L'nA o/Ileporr--- Par a definition of codes, view our�Isqrry, blip://viww.abc,ca.gov/datpor0LQSData.avp?ID-19386475 M71"ll VS. sell"uel o rn0flarnd Shan( troy nae m Oukry CA tlMlow C4 FEMA Noverndrer 10, 7011 Kraig rambomioi, Prajv'cl Planner I'lannin6Doisioar (Sty hell 1400 fifth Avenue San Ratbd, Celifomin 94915 Uenr Mr. Talnbornird 'I his is in response to your request for Wmments on the Nobel of Public Nearing planning Commission San Rafael Airperl Recreational Facility Project Fund Ruvirosuraci lhngm Wpm(FE1R) SC11$Z006A 12-125. Please reviewthe current elfeetiva rnunlywide Flood insurance Rete Maps (FIRMs)for the County of Marin County (Conmmni[y Number 060173) and City ol'San Rafael (Community Number 00058), Maps invited May 4, 2009, please note that the City of San Rafael, Main County, California is u perdcip ulL in the National Flood terminate Program (NFIP). 'I he inininisam, basic NFIP floodplain management building supolfrUnals are described in VoL 44 Coda ofedeml Rep lahens(44 CFRh Sections 59 through 65. A summary of these NFIP floodplain norictement building wquinmams are as fol lova: • All buildings court ruled withal alitevnc llowlplain,(i.e_, hood Zones A, AN, Ali, AE, and At through A30 as deli treated on the FIRM), later be elevned so that the lowest floor Is at or above [lie Have Flood Elevallon level in accordance with the effective Flood Insurance Ran Map. Ifihcarca of construction is located wilhin a Regulatory Necessary as delineated on the 1:1 RM, alryrfewlaprrrenl must not increase base flood elevation levels. Theferm derelapmeat means any m - ode r change to imin read nuolmprnved real estate,. including but not limited tubuildings, other struchurs, mining, dredging, filling, grinding,paying, cccavatimu or drilling opernGnm, and storage of equipment or materuls. A hydrologic and hydraulic analysis must bo perfomred Prior n Ore start of development, and must insurance[list the dcvcldpmmnl would not cause any rise in base floodlevcls. Na risaispermiued within mgtdalarylloodwuys. Kraig Tandia i, Piject Manager Page 2 November 10, 2011 • All buildingscnslmcmd within acastal high hazad arc a,(any of [lie 'V I'Iand An as delineated on the FIRM), ]trust be elevated oil pilings and calculus, so that the Invat horizontal structural mcahboa (excluding the pilings and columns), is devoted to or above the base flood elevation level. In Indiana, the pouts and pilings fonodation and the atmmnre almcbul tbcinlo, a anchored 1, under flotation, ml lapse mid lmcml maverae due to the opens of wind and anter loads noting simultaneously on all building compounds. • Upon completion of any development that changes misting Spatial Flood Hazard Areas, the NFIP dimuts all participating caululunitus to submit the appseprlae hydrologic and hydraulic data to FEMA fora FIRM revision. In accordance with 44 CFR, gentian 653, as soon as practicable, but not lain than six nhunlhs suer such Mia buciares available,a commonly shall notify FEMA of the changes bysubmitting tc Imicuh data Por a Hood nut revision. To obtain voters of FEMA's Flood Map Revision Application Packages; picture refer to the FRMA"claim at law fan- •ovd sacsyr fiffnna vIanr Plastic Pi Macy NFIP pauricilrating co unities have adopted floodplain announcement building requhruaeas which ora more ratriotive than the mininmm fiNcral standards described in 44 CPR- Plaoc contact tile local wmnwnity's floodplain naMger for more infnnnarion on local floodplain management building collateral 'I he San Rafael fluoyrlain moral callbe couched by calling Kevin McGowan, City Enghuma, at (415) 485-3335_'1'he Marin County floodplain nhaager can he reached by calling Her adec Davidson, Associate Civil radical at (415) 499-3120. If you lava any goeations or concerns, please do not hesidae to cull Michael Ilomick of the Miigation.amR at 7260 sat�.re1y,. � Gmgar Blaokbnm, CFM, Branch Chief Floodplain ManagmnAd and Insurance Broad KraigTambornini, Project Manager Page Noverator 10, 3011 - KcvIn McCowen, City Engineer, City of Sart Rafdel Bneniec Davidson, Associate Civil Engineer, Marin County Ray Loo,WRM, State of California, Department ofWatvrResonr % Nortlr Cenlm112egion Office Michael llonick Floodplanner, CM, DHS/FHMA Region IX Alessandro A naglio, Envimnmmcal Officer, DHS/FHMA Region 18' me w s*P*eorcµrywuw-eyslxess.mnxvy' /� wm4n ' DEPARTMENT OF TRANSPORTATIONx " PERONPOTICSPROGRPM MS.MO 1120 N STREET - ROOM3394 PA sox 942074 Madn Ranch Airport SACRAMENTO, CA e427da(rd (9103944959 San Rafael Airport Too (910 E94-4914 Marin County FM (916)E510531 March 25, 1999. Mr. Joe Shekou 2173-D Francisco Boulevard San Rafael, CA 94991 Dear Mr, Shekou: We are pleased to enclose the corrected Airport Permit No. Mm -005 for the San Rafael Airport in Marin County. This corrected permit reflects a change in name and ownership for the airport. We have shown the physical status and the operating conditbns for the airport on the permit. Prior to making any physical change to the airport, the airport's owner must notify the California Department of Tmnsporm6an, Aeronautics Program, to ensure that the proposed change does not affect the status of the airport's permit. Also enclosed is a display certificate for the airport that you can post near the airport. If you have any questions, or If we can be of assistance in the future, please do not hesitate to contact us. Sincerely, Original Signed by DANIEL R. GARGAS Aviation Consultant Enclosures Iv: ➢Reynolds-Dlsulctg4 B9mmc Pe nit File DRO:jef u:\ fxvmi0tu55-SnRafaelltc.doc 9 FOR A SPECIAL�USE AIRPORT Pursuant to California Public Utilities Code Section 21662, the California Oepadment of Transportation, Aeronautics Program, hereby issues this corrected Airport Permit No. Mrn-005 for the SAN RAFAEL AIRPORT 397 Smith Ranch Road San Rafael, California Latitude. 380 00' 55" N. Longitude: 1229 31' 20" W. Owned by: San Rafael Airport, LLC c/o Joe and Haidy Shelem 2173-D Francisco Boulevard San Rafael, California 94901 This corrected permit reflects a change In name and ownership of the airport and supersedes the Parrott dated November 5, 1990. This Permit is subject to the fallowing conditions: < 1. The airport late be maintained in accordance with Caddenda Cade of Regulations, Title 21, Sections 3526 through 3560. 2. The designated traffic pattern Is as follows; Right traffic for Runway 22. Left traffic for Runway 04. 1000 feet AGL. 3. The airport is approved for day and night use. 4. A variance is granted to the width of primary surface due to a drainage ditch. Page 2 5. A variance is granted to the 7:1 transitional surface which Is penetrated by the dike to the north. 6. A variance is granted for a reduced runway length of 2140 feet. 7. A variance is granted to the 20:1 approach surface for Runway 04 for a hill that is 4,500 feet to the southwest. 8. White "Rs" are to be displayed on each end of the runway to denote the airport is privately ownarl and Is not open to the general public. The physical stetua of this speclaWse facility Is described below: Runway 4/22 • Physical length of the runway is 2140 feet. Runway is lighted. This permit shall remain in effect so long as the airport meets the conditions under which the permit was Issued or until action is taken by the Department to suspend, revoke, consist or amend the permit pursuant to the California Public Utilities Code or the California Code of Regulations. - The airport's owner shall apply M the Department for an Amended/Corrected Airport Permit prior to any physical or operational changes at the airport which street the conditions or physical status above or for a change in airport ownership. Failure to maintain the airport in accordance with the conditions of MIs permit is a violation of Public Utilities Cede Section 21666 and is punishable as a misdemeanor. KA MARLIN RLINLI / e 4 L k March 25. 1999 BECKWITH, Program Manager Date AemnamMs Program Department of Transportation State of California /ao I a S WFu \!g!! // •\\ R§!©» 0