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HomeMy WebLinkAboutCD SR Airport Recreational Facility Project 2014.02carr 0100�4" Agenda Item No: 5.a Meeting Date: February 3, 2014 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Prepared by: Paul A. Jensen, Director [KT] City Manager Approval —AA SUBJECT: San Rafael Airport Recreational Facility — 397 & 400 Smith Ranch Road — Consider an amendment to Master Use Permit (UP05-08), approved on December 17, 2012, to modify Conditions of Approval #38 and #39 governing hours of operation and add Condition of Approval #62 addressing building safety measures for the approved 85,700 -square -foot recreational building and outdoor fields project, located on a 16.6 -acre portion of the San Rafael Airport. This amendment is being proposed in response to the terms of a Settlement Agreement between the City of San Rafael, the San Rafael Airport LLC (property owner) and Gallinas Defense Council, Inc.; APN: 155-230-10 thru 16; PD 1909 -WO District; San Rafael Airport LLC, owner/applicant; File No: UP13-050. (Continued from the January 21, 2014 Meeting) RECOMMENDATION: Adopt the attached resolution to approve amendments to the San Rafael Airport Recreational Facility Master Use Permit UP05-08, as recommended by the City Council at its January 21, 2014 meeting. BACKGROUND: At its January 21, 2014 meeting the City Council conducted a public hearing to consider amendments to the San Rafael Airport Recreational Facility project, as described above. The ,City Council moved to approve amendments to conditions 39 and 62, as presented (which reflect the terms of the settlement agreement reached on this project) and directed staff to revise condition 38. As proposed, the condition would be amended to allow the applicant to request an extension of the indoor facility hours of operation after one year of full operation, subject to the conduct of a noise study and considering input of residents most affected by the project. The matter was continued for consideration of the revised resolution at the next regular City Council meeting. PROJECT DESCRIPTION The project, as revised based on the January 21, 2014 recommendations of the City Council includes revision to Condition 39 (Outdoor Use Hours) and the addition of Condition 62 (Additional Safety Measures), which have been made to be consistent with the terms of the Settlement Agreement as discussed in the prior staff report. Minor revisions to update Master Use Permit Conditions No.'s 1, 14 and 19 were also proposed, and are included in the draft resolution Exhibit 1 (with changes shown in strikeout and underline text). Additionally, Condition 38 has been proposed to be revised consistent with the direction of the City Council, as follows: FOR CITY CLERK ONLY File No. Council Meeting: A; Disposition: ' ' SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 38. Indoor use Hours: The hours of operation for the indoor recreational uses and ancillary uses shall be as follows: a. 9:00 A.M. to 10:30 P.M., Sunday to Thursday and Federally designated holidays (weekdays). b. 9:00 A.M. to 11:00 P.M., Friday and Saturday (weekends) c. Saturday and Sunday hours of operation can start at 8:00 A.M. during the winter season (November 1 to May 15) One (1) year following occupancy and full operation of the indoor facility, the applicant may submit a request to allow the indoor use to remain open until 11:00 PM on weekdays and 12:00 AM on weekends. Prior to submitting such a request the applicant shall pay the cost for the City of San Rafael to select and hire a qualified noise consultant to measure intermittent and constant noise levels generated while the indoor facility is operating. The noise measurements shall be taken between 9:30 PM and 11:00 PM (nighttime) on at least three weekday evenings and two weekend evenings during peak season operations. Noise measurements shall be documented near the bridge crossing over North Gallinas Creek and adjacent to the contiguous Contempo Marin and Captains Cove residential neighborhoods to demonstrate if the nighttime noise levels experienced at the nearest residential property boundaries (while the indoor facility is operating) are in compliance with the following City of San Rafael Municipal Code Table 8.13-1 — General Noise Limits: 50 dBA Intermittent 40 dBA Constant Upon submittal of a request for extension and completion of the required noise analysis, the City Council shall hold a noticed public hearing on the request. The decision should be largely based upon, but not limited to, the following: 1) The extent to which the recreational facility is operating within the City of San Rafael Municipal Code General Noise Limits. 2) The extent to which intermittent or unusual loud noises have been documented as a result of the facility activities, e.g., loud car radios, excessive vehicle speeds, groups of people gathering in the parking lot or using the access roadway/pedestrian pathways at night, or noise from inside the building extending outdoors, etc. 3) Testimony received from adjacent residents in Captains Cove and Contempo Marin that would be most affected by the project nighttime noise. 4) Any efforts that have been and/or could be made by the operator to mitigate any documented nuisance noise impacts. The decision of the City Council shall be made by adoption of a resolution, and may be subject to additional restrictions, limitations or conditions related to any permitted extension of the facility operating hours. The cost of processing the request for extension of hours shall be paid by the applicant. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 OPTIONS: The City Council has the following options available for action on this project: 1. Adopt the revised Resolution on Consent (staff recommendation); 2. Adopt the Resolution with further revisions; 3. Continue the matter to future City Council meeting for further review and discussion; or 4. Deny the request to amend the Master Use Permit conditions. ACTIONS REQUIRED: Staff recommends that the City Council adopt the draft resolution to approve the amendments to the San Rafael Airport Recreational Facility Master Use Permit, as presented in Exhibit 1. EXHIBITS: 1. Resolution Approving Master Use Permit Amendment UP13-050 Exhibit 1 It 06m 6391 RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL APPROVING UP13-50, AS AN AMENDMENT TO MASTER USE PERMIT NO. UP05-08 CONDITIONS OF APPROVAL, FOR THE CONSTRUCTION OF A NEW 85,700 -SQUARE -FOOT RECREATIONAL BUILDING, TWO OUTDOOR FIELDS, AND ASSOCIATED SITE IMPROVEMENTS, LANDSCAPING AND PARKING ON A VACANT PORTION OF THE 119.5 -ACRE SAN RAFAEL AIRPORT PROPERTY LOCATED AT 397-400 SMITH RANCH ROAD (SAN RAFAEL AIRPORT RECREATIONAL FACILITY PROJECT) (APN'S: 155-230-10, 11, 12, 13, 14, 15 AND 16) ZC05-01, UP05-08, ED05-15 WHEREAS, on December 17, 2012, the City Council adopted Resolution No. 13479 making findings and approving a master environmental and design review permit no. ED05-15 and master use permit no. UP05-08 approving a new recreational facility project at the San Rafael Airport property, located off Smith Ranch Road in North San Rafael; and WHEREAS, on December 17, 2012, the City Council adopted Resolution No. 13477 that certified the San Rafael Recreational Facility Project FEIR; and WHEREAS, on December 17, 2012, the City Council adopted Resolution No. 13478 adopting CEQA Findings of Fact and a Mitigation Monitoring and Reporting Program for the project; and WHEREAS, on January 7, 2013, the City Council adopted Ordinance No. 1909 establishing new planned development district (PD) zoning standards for the site that included development of the subject recreational facility and uses; and WHEREAS, on January 17, 2013, Gallinas Creek Defense Council, Inc. (Petitioners) filed a petition for writ of mandate in Marin County Superior Court challenging the City's Approvals pursuant to CEQA; and WHEREAS, as required by CEQA, the City, Petitioners and the San Rafael Airport LLC (Airport) thereafter engaged in settlement negotiations; and WHEREAS, on September 18, 2013, the parties entered into a Settlement Agreement (i.e., CA Superior Court, Marin County, Stipulation for Dismissal Case No CIV1300259, Settlement Agreement) whereby the Airport property owner agreed to limit the evening hours of operation for the outdoor fields and artificial lighting to 9 p.m. every day of the year and to implement additional safety measures from the list of `Optional Building Design Measures' contained in the May 16, 2012 letter prepared by the City's Airport Safety Consultant, Mead & Hunt. In conjunction with the required decrease in outdoor night time operations, the parties agreed that the Airport property owner may seek approval from the City to allow the indoor facility to remain open until 11 p.m. Sundae through Thursday and 12 a.m. on Fridays and Saturdays; and WHEREAS, On November 5, 2013, pursuant to the terms of the Settlement Agreement the Airport filed an application for use permit amendment (UP13-050) to request extension of the indoor Exhibit 1 hours of operation and incorporation of the reduction in hours to the outdoor field use and inclusion of additional building safety as identified in the Settlement Agreement; which has resulted in proposed modifications to current Use Permit UP05-08 Conditions of Approval No.'s 1, 14, 19, 38, 39 and 62 addressing the hours of operation and construction safety measures, and superseding current ED05-15 condition 68; and WHEREAS, the amendments to the project do not materially change the project scope as evaluated by the EIR, and all the findings for approval of the project contained in Resolution 13479 remain valid and cover the subject revisions to the aforementioned conditions of approval; and WHEREAS, on January 21, 2014, the City of San Rafael City Council held a duly -noticed public hearing on the proposed amendment request, accepting all oral and written public testimony and the written report of the Community Development Department staff; and WHEREAS, on a 5-0 vote (motion by Councilmember McCullough) the Council moved to continue the matter for consideration on its consent calendar at the next regular City Council meeting with the intent to approve the revisions to conditions 39 and 62 as presented, and condition 38 as with modifications as discussed; and WHEREAS, on February 3, 2014, the City of San Rafael City Council reviewed and considered the revised resolution, with changes consistent with its direction on January 21, 2014. NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts the following findings to approve the Master Use Permit Amendment to the Recreational Facility at the San Rafael Airport conditions of approval: Findings for Approval - Master Use Permit (UP13-050) A. The proposed amendments to the indoor and outdoor recreational facility use, as conditioned, remain in accord and consistent with the San Rafael General Plan 2020, the objectives of the Zoning Ordinance and the purposes of the Planned Development District in that: 1) The addition of an indoor and outdoor recreational facility to this site has been found consistent with the types of uses allowed by the Airport/Recreation General Plan land use designation assigned to this site. 2) The project and the use has been found to be consistent with the General Plan 2020, as identified in the General Plan consistency table Exhibit 4a of the December 3, 2012 staff report to the City Council prepared for the project and also detailed in the previously adopted Environmental and Design Review Permit No. ED05-15 Finding A. 3) The new indoor recreational facility use, in conjunction with the existing airport and limited light -industrial structures on site, would total a 0.06 floor area ratio (FAR) and falls well within the permitted FAR limits of the San Rafael General Plan 2020 for the North San Rafael area. 4) The Planned Development District regulations, as amended under the PD Ordinance 1909 adopted for the property on January 7, 2013, permits a recreational use and development intensity consistent with the goals and policies of the San Rafael General Plan 2020, as detailed in the General Plan consistency table and previous reports and resolutions adopted 2 Exhibit 1 for this project by the City Council on December 17, 2012 and January 7, 2013, referenced herein and in the recent January 21, 2104 staff report to the City Council. B. The proposed indoor and outdoor recreational use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvement in the vicinity, or to the general welfare of the City in that: 1) The Final Environmental Impact Report has been certified for the project on December 17, 2012 by City Council Resolution 13477 pursuant with the provisions of the California Environmental Quality Act (CEQA). 2) Findings of fact and a mitigation monitoring and reporting program have been adopted for the project on December 17, 2012 by City Council Resolution 13478 which cover the proposed minor project revisions to use hours and building safety enhancements. 3) The project was reviewed by appropriate City Departments and other permitting agencies resulting in conditions of approval which have been included and made a part of the project, thus assuring compliance with all applicable standards and requirements of the other permitting agencies so as to avoid any potential detriment to the public health, safety or welfare. 4) The type and intensity of the use has been determined to complement and be similar to the adjacent public recreational uses. 5) The structure has been reviewed for compliance with airport safety regulations and found to be acceptable in its siting and location near the existing private airport. 6) No additional environmental review under CEQA is required to extend the evening hours of operation for the indoor facilities as the FEIR supporting the project accounted for the proposed evening hours of operation when analyzing noise, lighting and other potential environmental impacts and there has been no change in circumstances or other triggering event under Public Resources Code section 21166 which would warrant supplemental environmental review. 7) Accordingly, the proposed Use Permit modification does not trigger the requirement for supplemental environmental review pursuant to CEQA. The proposed hours of operation were considered as part of the project's EIR and are consistent with the project's mitigation measures. Specifically, the proposed Use Permit modification does not result in: (a) substantial changes in the project which will require major revisions of the environmental impact report; (b) substantial changes with respect to the circumstances under which the project is being undertaken which will require major revisions in the FEIR; or (c) new information, which was not known and could not have been known at the time the environmental impact report was certified as complete. Public Resources Code section 21166 and CEQA Guidelines section 15162. C. The proposed indoor and outdoor recreational use has been determined to comply with each of the applicable provisions of the PD District and other applicable provisions in the Zoning Ordinance in that the project: 1) Would be consistent with the Planned Development District (PD1909), as revised and adopted for the site on January 7, 2013. 2) Has been designed to preserve and protect the potential wetlands found on the site and the project does not propose to fill any of these potential wetlands. Furthermore, the proposed structures and site improvements would provide a setback exceeding the minimum 50 -foot setback required by Chapter 13 (Wetland Overlay) of the Zoning Ordinance. 3 Exhibit 1 3) Would provide a building setback and development free buffer from the creek to the north exceeding the maximum 100 -foot setback required by the Creeks and Other Watercourse section of Chapter 16 (Site and Use Regulations) of the Zoning Ordinance. 4) Has been evaluated for noise impacts and would not exceed the standards prescribed in the Noise Standards section of Chapter 16 (Site and Use Regulations) of the Zoning Ordinance. 5) Has been reviewed for conformance with the City's Review Matrix as prescribed by the Geotechnical Review section of Chapter 16 (Site and Use Regulations) to assess hazards, determine optimum location for structures, and present any special structural requirements and been found to be feasible from a geotechnical engineering standpoint with the inclusion of recommendations, and these design recommendations have been incorporated into the project through project conditions of approval. 6) Would provide off-street parking in excess of that found to be minimally required for the recreational use, pursuant to Chapter 18 (Parking) of the Zoning Ordinance, through a parking analysis prepared for the proposed facility which has been reviewed and accepted as adequate by the City traffic engineer 7) Parking facilities have been designed to closely meet all parking standards of this chapter, including landscaping, size and bicycle parking requirements. 8) The proposed modification to hours of operation and incorporation of additional building safety measures, as proposed as well as required by the terms of the subject Settlement Agreement affecting the project, would not materially alter the proposed use and development and remains entirely consistent with the intensity of use and development anticipated under the adopted PD Ordinance 1909 Zoning. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council approves the Amendment to the Master Use Permit Conditions of Approval for the San Rafael Airport Recreational Facility, as follows: Conditions of Approval - Master Use Permit (UP13-50) General Conditions ofApproval 1. This Master Use Permit Amendment UP13-50 amen supersedes and replaces Master Use Permit (UP05-08) as adopted on December 17, 2012, as well as the previous Master Use Permit (UP 99-009), and hereby establishes all conditions for the establishment and ongoing operations of all uses allowed on the 119.5 -acre property, aka, `the San Rafael Airport site' in accordance with the Planned Development approval (ZC05-001), the PD Zoning District Standards of the San Rafael Municipal Code and the recorded Declaration of Restrictions, which limits the land uses allowed on the property. 2. Conditional uses permitted under this Master Use Permit amendment shall be limited to the Private Airport and Non -Aviation Uses and Private Recreational Facility Uses as described and conditioned herein. 3. Any future land use permit requests on the property shall be referred to Marin County Counsel in order to allow review of the proposal for consistency with the land use deed restriction agreement, of which the County is a party. 4 Exhibit 1 4. The entire 119.52 -acre airport property on which the recreational facility use is contained shall continue to be maintained by one owner. No portion of the property may be separately transferred to separate owners unless applications are filed and approved by the City for a subdivision of the site, in conformance with the California Subdivision Map Act. Further, any subsequent subdivision of the property shall include amendments to all applicable land use entitlements, as necessary, to separate the property into multiple parcels and/or establish any additional land uses on newly created parcels. 5. This Master Use Permit establishes distinctly separate land uses on the property, i.e. Private Airport Use and Private Recreational Facility Use, which shall be subject to the specific conditions contained herein. In the event there is a violation of a condition of approval granted for a specific land use, then only the land use that is in purported violation of its respective condition(s) of the Master Use Permit shall be subject to review, enforcement and revocation proceedings. 6. This Master Use Permit shall be subject to compliance with the approved PD (ZC05-01) and conditions of Environmental and Design Review Permit (ED05-15. Any changes shall be subject to prior review and approval and may require amendments to related zoning entitlements. 7. The property owner(s) shall be responsible for implementing all Mitigation Measures presented in the San Rafael Airport Recreational Facility Project Final Environmental Impact Report, on file with the Community Development Department, which are incorporated within the project conditions of approval. A minimum deposit of $5,000 dollars shall be submitted prior to issuance of permits to start work. All costs for monitoring compliance with mitigation measures shall be borne by the applicant. 8. The Airport property owner(s) shall be responsible for ongoing annual repair and maintenance of the levee system on the subject Airport property and any levee upgrading, as appropriate, based on anticipated high tide and flood conditions, to maintain an appropriate height. The Airport property owner shall cooperate with Marin County Department of Public Works and Marin County Flood Control and Water Conservation District to ensure that all parties work together to assure that ongoing monitoring and maintenance of the levee system on State tidelands occurs. An annual maintenance schedule and a report of maintenance work completed shall be provided to the City of San Rafael Community Development Department. 9. Currently, the levees on the Airport property are maintained by the airport owner at a minimum consistent elevation of 9 feet MSL (29NGVD datum) to provide adequate protection from floodwaters. Modifications and upgrades to the property levees shall be subject to prior review and approval by the City of San Rafael or County of Marin, depending on jurisdiction and as required by applicable codes. 10. All required local, state and/or federal permits shall be obtained for levee maintenance, repair or upgrades. 11. This Master Use Permit (UP05-08) amendment to the March 19, 2001 Master Plan for San Rafael Airport shall be valid for an initial period of four (4) years from date of City Council approval, during which time the property owner shall have to obtain financing, apply for permits and establish the additional recreational facility uses approved by this use permit amendment. The approvals granted for the indoor/outdoor recreational facility use shall be null and void if a building permit is 9 Exhibit 1 not obtained and the recreational facility pursued diligently to completion, occupancy and operation, or an extension is not granted before the initial period of time provided to establish the use and exercise the use permit approval. 12. Upon establishment of the indoor/outdoor recreational use within the initial four-year period provided to inaugurate the use, the Use Permit as amended herein shall become valid and run with the land and shall not expire unless the use is abandoned. On-going compliance with all conditions of approval shall be required. 13. If the indoor/outdoor recreational use is not established in compliance with the Master Use Permit amendment, then the applicable Master Use Permit Conditions (i.e., Conditions 35 through 61) and the related Environmental and Design Review permit conditions shall become null and void. All other conditions of approval relating to the site and existing airport use shall remain in full force and effect for ongoing operations of the private airport use and site. 14. The proposed recreational facility may be constructed in phases. However, occupancy of the building with a primary sports facility tenant shall occur to inaugurate the use during the initial four-year period from date of original approval of the recreational facility project, or an extension of time filed prior to the initial project approval expiration period of December 17, 2016. Permitted Land Use Conditions — Private Airport and Non Aviation Uses 15. Except as modified herein, the Master Use Permit authorizes continued airport use and operations on the 119.52 acre site in accordance with the Planned Development approval and associated Development Plan. 16. The private airport use is limited to 100 -based aircraft. 17. The non -aviation uses are limited to those uses described in Attachment "A" (the airport use inventory titled, "Existing Permitted Non Aviation Uses at San Rafael Airport," dated February, 2001). There shall be no increase in the amount of square footage dedicated to non -aviation uses as described in Attachment "A." An Administrative Use Permit shall be required for the following reasons: when there is a change in non -aviation tenants; or when a tenant changes the nature of their business (including but not limited to the addition of employees or equipment, modified hours of operation, or an increase in noise or traffic). As part of the Administrative Use Permit review process, the City shall analyze the potential for any intensification to the uses, including the addition of employees, new equipment, modification of hours of operation, and noise associated with the new business. If deemed necessary by Planning staff, project conditions shall address noise mitigation measures. In addition, the Administrative Use Permit review process shall also include analysis and review of traffic impacts associated with any new non -aviation tenant to assure consistency with applicable City traffic regulations subject to the review and approval of the City Traffic Engineer. At the discretion of the Community Development Director, a Master Use Permit amendment may be required. 18. The following airport uses or activities are specifically prohibited: a. Flight training and the use of the landing strip for practice purposes by flight instructors b. Helicopters 2 Exhibit 1 c. Charter Flights d. Uses or activities of a public or semi-public nature, including but not limited to "fly -ins" even though such use or activity is usually considered accessory to any other use or activity allowed by this permit and any commercial use, including but not limited to sales or servicing of airplanes not based at the airport e. Commercial flight activity or student pilot training f. Non -based aircraft performing landings or departures 19. The contractors' storage yard uses on the site are limited to the areas ori inall occupied by Linscott Engineering, Roots Construction, Superior Roofing, Walt Jewell Trucking and Bartlett Tree Experts) as shown on the approved Development Plan "Master Plan San Rafael Airport" and described in Attachment "A". 20. Maintenance or servicing of aircraft shall be limited to aircraft based at San Rafael Airport. 21. The non -aviation hours of business are limited to the hours of 7:00 A.M. to 6:00 P.M., Monday through Saturday, excluding holidays. Operation of these businesses, other than routine office work or other non -noise generating interior work, is not permitted outside the prescribed hours. 22. The airport shall be operated in full conformance with all requirements of the State of California Department of Transportation, Aeronautics Program, including the state -approved flight path. Any changes to the flight path shall require an amendment to the Master Use Permit. No airplanes shall fly over the Santa Venetia and Contempo Marin neighborhoods during takeoff or landing. 23. The applicant (e.g. airport property owner, or operator) shall maintain a list of all based aircraft serial numbers and shall maintain a video camera on the taxiway to monitor landings and takeoffs on a 24- hour basis. Flights shall be monitored from the airport business office or other approved location subject to review and approval of the Community Development Director. The applicant shall maintain a method to record all flights on video (daytime, nighttime and during inclement weather) in order to provide the identity of each plane during take -off and landing. Subject to review and approval of the Planning Division, the applicant shall maintain a method of quickly and easily retrieving the recorded information when the City or the property owner received complaints about pilots flying over residential neighborhoods. Videotape archives shall be preserved for a minimum of 60 days. The identity of pilots violating approved flight path shall be provided to the Planning Division within two workdays following complaint. The airport property owner shall notify all pilots with based aircraft that pilots violating the flight path restrictions on more than two occasions shall have their leases terminated within 30 days and shall not be permitted to have their plane based at the airport. If video monitoring is not effective, other controls can be required by an amendment of the Master Use Permit. The property owner shall maintain a record of all flights that do not comply with the conditions of this master use permit. For example, the record shall include a log of aircraft owner's names and airplane identification for planes that do not comply with the approved flight path. In addition, the owner shall also maintain a log of airplane serial numbers for non -based aircraft that illegally lands at the airport. The log shall be maintained on an on-going basis, and shall be provided to the Community Development Department on an annual basis as determined by the Community Development Director. Exhibit 1 24. The two modular residences shall be used exclusively as on-site residences for the airport security guard and caretaker. If the units are no longer utilized for the caretaker and security guard, the residences shall be removed from the site within 120 days of notification by the Community Development Department, and this requirement shall be documented by the recordation of a deed restriction prior to issuance of a building permit for the construction of the first residence. Documentation of employment and residency at the airport for both the caretaker and security guard shall be provided to the Community Development Director upon demand. 25. All airplane run -ups shall occur at the east end of the runway, or in a designated run-up area in the vicinity of the intersection of the taxiway and runway. The designated run-up area is subject to the review and approval of the Community Development Director. Run -ups associated with operations of a fixed base operator shall only occur inside or in the vicinity of mechanical hangars during the hours of 8 A.M. and 6 P.M. 26. The airport runway shall be identified with a symbol to indicate to non -based airborne pilots that the airport is private. The identification shall be consistent with the requirements of the State of California Division of Aeronautics and shall be maintained on a permanent basis. Permitted Land Use Conditions —Access, Maintenance and Passive Uses 27. The bridge crossing providing access to the San Rafael Airport Recreation Facility site at the North Fork of Gallinas Creek shall be replaced with a new 25 -foot wide two-lane bridge deck span, subject to the following additional requirements: a. The bridge replacement work shall occur prior to or concurrent with request for and issuance of building permits for construction of the recreational building, as allowed under the approved Development Plan and Master Use Permit. b. The bridge replacement work shall be completed prior to grant of occupancy for any portion of the new recreational facility building. c. The bridge replacement shall not occur in the same year as the SMART Rail bridge project in order to avoid potential overlap of construction work. 28. Areas designated as protected "conservation" areas shall be maintained as passive open space areas; with the exception that vegetation management and levee maintenance practices are allowed to continue within these areas. 29. Grazing of the site with animals may be continued for vegetation management within undeveloped areas (e.g., along interior slopes of levees, within conservation areas and areas not designated for use by the Development Plan) in order to reduce the need for discing and mowing conducted for wildlife management as part of the airport safety management practices. This activity shall be subject to the following restrictions: a. Fencing for grazing purposes shall be installed and maintained to provide necessary protection adjacent to habitat on the levees and in tidal marshes. b. The type of fencing should be suitable for the type of livestock used for grazing. The location and design of fencing shall be determined by a qualified biologist and based on the wetland boundaries with ample setback for wetland protection. s Exhibit 1 c. The location and design of fencing installed for grazing areas shall be subject to final review and approval by the Community Development Director. d. Fencing shall be installed prior to animals being transferred to the site, and shall be maintained in good repair and condition. 30. Commercial storage in containers and uncovered storage of vehicles, boats and miscellaneous materials are specifically prohibited (excluding construction -related equipment and supplies stored within a permitted contractor's storage yard, as determined by the Community Development Director). 31. Maintenance of existing levees on the property shall continue to be the responsibility of the property owner(s); i.e., to maintain levees at minimum +9 feet elevation above mean sea level to provide sufficient freeboard and protection from flood waters. The owner shall be responsible for advising the City Building and Public Works division when maintenance activities are scheduled and for ensuring that grading permits for levee work are obtained when required pursuant to applicable codes enforced by the Building and/or Public Works divisions. 32. On or before July 1 of each year, the property owner shall provide the Community Development Department and Public Works Department a schedule of completed and planned maintenance activities, and indicate whether work identified based on preliminary inspections of the levee is anticipated to trigger a grading permit. Typically, cumulative grading in excess of 50 cubic yards of material would require a grading permit. 33. The property owner shall be responsible for obtaining a licensing agreement with SMART for the existing access that crosses the rail track. 34. The applicant shall install all safety measures required by FRA, and CPUC necessary to maintain this crossing. This shall include, but not be limited to, lights, crossing arms, and other safety equipment. The new equipment installed shall be Quiet Zone ready in case the City Council decides to include this portion of the track in a quiet zone. Permitted Land Use Conditions — Indoor & Outdoor Recreational Facility 35. The recreational facility use shall permit indoor and outdoor recreational uses on that portion of the site located between the runway and North Fork of Gallinas Creek, east of the airport use support facilities. The recreational use project area shall include approximately 16 -acres of the entire airport property (which includes designated "conservation area" containing wetlands, creek and wetland setback buffers, and a portion of the levee system that surrounds the site) as indicted on the approved project plans; described further under Environmental and Design Review Permit (ED05-15) Condition No. 1. 36. Indoor uses consist of an 85,700 moss square foot indoor multi -use recreational facility building for recreational uses. The mix of recreational facility uses shall be subject to review and approval by the Community Development Department and City Traffic Engineer prior to issuance of building permits or occupancy permits in order to ensure that the maximum traffic and parking capacities specified in these conditions of approval shall not be exceeded. The building may include the following components: 9 Exhibit 1 a. Multi-purpose indoor sports area for recreational activities; e.g., two (2) indoor sports fields and similar activities. b. Gymnasium area(s) for multi -use recreational activities; e.g., baseball, basketball, lacrosse, dance, gymnastics and similar recreational activities. c. Ancillary support uses operated concurrently with the indoor recreational uses, which includes a 14,400 square foot mezzanine level with administrative offices, meeting room, pro-shop/retail sales, arcade and a cafe/dining area with ancillary sale of alcoholic beverages for on-site consumption with food service. 37. Permitted outdoor recreational uses are limited to one (1) lighted, all-weather surface outdoor sports field (e.g., 250' by 350' soccer field) and one (1) un -lighted warm-up area adjacent for use by teams prior to games on the outdoor sports field. Outdoor fields shall be fenced to provide restricted access which shall be controlled through the main building, to assure occupancy limits are not exceeded. 38. Indoor Use Hours: The hours of operation for indoor recreational uses and ancillary uses shall be as follows: a. 9:00 A.M. to 10:30 P.M., Sunday to Thursday and Federally designated holidays (weekdays). b. 9:00 A.M. to 11:00 P.M., Friday and Saturday (weekends). c. Saturday and Sunday hours of operation can start at 8:00 A.M. during the winter season (November 1 to May 15) One (1) year following occupancy and full operation of the indoor facility, the applicant may submit a request to allow the indoor use to remain open until 11:00 PM on weekdays and 12:00 AM on weekends. Prior to submitting such a request the applicant shall pay the cost for the City of San Rafael to select and hire a qualified noise consultant to measure intermittent and constant noise levels generated while the indoor facility is operating. The noise measurements shall be taken between 9:30 PM and 11:00 PM (nighttime) on at least three weekday evenings and two weekend evenings during peak season operations. Noise measurements shall be documented near the bridge crossing over North Gallinas Creek and adjacent to the contiguous Contempo Marin and Captains Cove residential neighborhoods to demonstrate if the nighttime noise levels experienced at the nearest residential property boundaries (while the indoor facility is operating) are in compliance with the following City of San Rafael Municipal Code Table 8.13-1 — General Noise Limits: 50 dBA Intermittent 40 dBA Constant Upon submittal of a request for extension and completion of the required noise analysis, the City Council shall hold a noticed public hearing on the request. The decision should be largely based upon, but not limited to, the following 1) The extent to which the recreational facilily is operating within the City of San Rafael Municipal Code General Noise Limits. 2) The extent to which intermittent or unusual loud noises have been documented as a result of the facility activities, e.g., loud car radios, excessive vehicle speeds, groups of people gathering in the parking lot or using the access roadway/pedestrian pathways at night, or noise from inside the building extending outdoors, etc. 10 Exhibit 1 3) Testimony received from adjacent residents in Captains Cove and Contempo Marin that would be most affected by theproject nighttime noise. 4) Any efforts that have been and/or could be made b the operator to mitigate any documented nuisance noise impacts. The decision of the City Council shall be made by adoption of a resolution, and may be subject to additional restrictions, limitations or conditions related to any permitted extension of the facility operating hours. The cost of processing the request for extension of hours shall be paid by the applicant. 39. Outdoor Use Hours: The hours of operation for the outdoor sports and warm-up fields shall be as follows: a. 9:00 A.M. to 9:00 P.M., daily seven days a week designa4led holidays (weekdays). b. 9:00 A.M. r 10:00 P.M., F--ida , and Saturday (weekends). E Saturday and Sunday hours of operation can start at 8:00 A.M. during the winter season (November 1 to May 15) IN WWW 19011 - • Exhibit 1 Artificial lighting shall be turned off no later than 9:00 P.M. every day of the year and shall not be turned on again before 8:00 A.M. of the following day. Use of the outdoor fields shall cease no later than 9:00 P.M. No other artificial lighting shall be used on the outdoor playing fields after 9:00 P.M. or before 8:00 A.M. The Airport will ensure that any contract for operation of the Sports Facility by third party will include this limitation on use of the outdoor fields and an third hird party operator must agree to be bound b the terms of this Condition. 40. All recreational activities and ancillary uses shall end by the designated hours of operation and all patrons shall be directed to leave the facility by the designated allowable hours of operation (e.g. event curfew) and/or premises parking areas promptly after close of facility. Congregating in parking areas shall be discouraged during non -business hours. Maintenance and cleaning crews, employees and security personnel may be allowed to conduct their routine tasks and shall enter the site no earlier than one hour before the beginning and leave no later than one hour past the allowable hours of operation. 41. Use of the indoor and outdoor sports fields may include sports leagues and games (such as soccer, lacrosse, flag football or similar multi -use sports uses and activities), individual and group training, and drop-in games, as determined appropriate by the Community Development Department and City Traffic Engineer. 42. No noise amplification devices including indoor or outdoor speaker systems, loudspeakers or bullhorns shall be allowed as this would create potential nuisance noise impacts on nearby residents. 43. No fixed or temporary bleachers for spectator seating shall be permitted in conjunction with use of the outdoor recreational fields. 44. The indoor meeting facility/room may be used for team and birthday parties, staff meetings, meetings of soccer or sports organizations and referees, community groups, and other similar uses. 45. No sale or consumption of alcoholic beverages or food vendors are permitted to operate outside of the recreational facility building. 46. Any proposed change in the hours of operation (to operate during the AM peak) and/or intensity of usage (e.g., to more intense sports field or other recreational activities not deemed by staff as comparable to proposed and anticipated recreational uses) shall require an amendment to the Master Use Permit. 47. Any changes to the components of the use involving a substantial remodel that would intensify uses shall be subject to prior review and approval by the Planning Division and Department of Public Works to determine whether the changes would result in an intensification of parking requirements or traffic impacts. A traffic study and minor or major use permit amendment may be required to address any impacts from a change in any recreational -use tenant occupancy. 48. Parking shall be provided in compliance with adopted PD zoning standards to meet the demand of the use and requirements of the City parking ordinance, Chapter 14.18. The project proposes 184 paved parking spaces and 86 overflow spaces for the multi -use recreational building. Final parking calculations shall be provided with plans submitted for building permit and/or final design review. 12 Exhibit 1 49. Any competitive tournament events held on the site shall not be planned that would cause the on-site parking demand or maximum occupancy limits established for the recreational facility use to be exceeded. Any special events that would generate off-site or remote parking demands shall require the prior review and approval of the Planning Division and Public Works Departments. 50. Alcoholic beer and wine beverage service and consumption shall only be allowed as an ancillary incidental use to the cafe/dining area food service use, as further regulated by the California Department of Alcoholic Beverage Control. The applicant shall maintain suitable kitchen facilities, and alcoholic beverages may only be served when food service is provided. It is intended that food and beverage service be contained within building areas designated for "cafe and viewing area," "field viewing area" and "meeting room". 51. The facility and site shall be maintained in good repair and condition and free of trash, litter and debris. Trash and recycling canisters shall be provided on and around the recreational building and outdoor fields and be regularly maintained. Regular trash and garbage cleanup should be conducted on and around the building, and outdoor areas. The property owner shall institute a regular trash pick- up program to clean up trash on the site and dispose of it in appropriate trash and recycling receptacles. 52. The private roadway extension from the airport access and leading to the recreational facility shall be gated to prevent access after the allowable hours of operation. The gate shall remain closed outside of the allowable hours of operation. 53. Prior to occupancy of the building, the applicant and all operator(s) of the recreational facility shall establish a "code of conduct" plan for review and approval of the Police Department and Community Development.Director. a. This code of conduct shall be distributed and required to be signed by all users of the facility. The owner/operators shall submit evidence of compliance with this requirement to the Community Development Department and City Officials upon request. (Note: "Users of the facility" is intended to apply to active participants and not its attendance by visitors, spectators or parents). b. Repeated violation of the "code of conduct" shall require that the operators(s) remove and revoke the patron's use of the facility. c. The code of conduct shall address the following: i. Prohibit rowdy and/or noisy behavior ii. Prohibit screeching of tires, "blasting" music from vehicles or honking of horns (except for emergency purposes) in the parking lot or along the entire length of the private driveway leading to the recreational facility iii. Maintain posted speed limits along airport roadway iv. Prohibit loitering in or around the building, parking areas, outdoor fields, and entire length of the airport roadway. No loitering shall occur in the parking lot or outside the building v. Prohibit consumption of alcohol outside of the designated areas within the building vi. Prohibit public intoxication 13 Exhibit 1 54. The operator shall regularly patrol the site between 9P.M. and closing, 7 days per week. Personnel shall be made aware of the code of conduct and the conditions of approval and shall enforce them. a. Prior to the occupancy of the building, the applicant shall submit a plan for security patrol for review and approval of the Police Department and Planning Division. b. This requirement for security patrol may be suspended after two years of full operation with the recommendation of the Police Department, that there have been no significant amount of criminal or security issues. c. If this requirement for a security patrol is suspended, it may be reinstated anytime at the recommendation of the Police Department. 55. Prior to occupancy of the recreational facility, two signs shall be installed, one before the northern approach to the bridge and one at the western end of the parking lot to inform patrons of the applicable portions of the "code of conduct" relating to good neighbor practices. a. The design, placement and content of signs shall be subject to review and approval of the Planning Division. Once installed, the signs shall be maintained in a good and legible condition at all times. b. Required signs shall address the following items: i. Obey posted speed limits ii. Respect the neighbors - No loud noise, music, honking while driving into or out of the site iii. No loitering iv. No public intoxication v. Abide by code of conduct vi. Abide by on-site parking restrictions vii. Driveway must be kept clear of vehicles at all times for emergency ingress and egress — No standing and stopping allowed. 56. Prior to occupancy of the facility, the property owner shall offer to construct a four -foot minimum solid wall, fence or hedge or combination thereof along the edge of the private access road that runs along the street edge (adjacent to the grassy area) to minimize headlight glare from vehicle headlights shining into windows of residences at Captains Cove. The screen shall extend from the furthest point of the border with Captains Cove property and across the bridge crossing. If installation of the fence screen is accepted by Captains Cove along the access road boundary, it shall be installed prior to grant of occupancy allowing operation of the recreational facility. Design and final placement of fence shall be subject to review and approval by the Community Development Director. If the screen wall, fence or hedge is not accepted by Captains Cove, it shall not be required. The Airport property owner shall be responsible for the maintenance of the solid wall/fence or hedge or combination thereof in perpetuity or until the recreational use ceases. Further, landscape enhancement along the existing access road easement shall be subject to final review and approval by the Planning Division. 57. Mitigation measure MM Hyd-1f (Maintenance of Paved Areas) shall be implemented for the duration of the use. The recreational facility parking lots and other common paved areas shall be properly maintained by sweeping or other appropriate means, to prevent the majority of litter from washing into storm drains. Parking lots and paved areas shall be swept once per week. Should the Project Applicant or successor fail to maintain this schedule, the City shall sweep the parking lots 14 Exhibit 1 and paved areas at the expense of the Project Applicant or successor, and included in CC&R's recorded for the property. 58. Exterior lighting at the recreational facility use shall be designed and maintained to implement mitigation measures MM Bio -2e (Event Curfew), MM Bio -3a (Nocturnal Lighting), MM Bio -3b (Lighting Curfew), and MM Aesth-la as outlined in the MMRP incorporated by reference herein, and included under Environmental and Design Review Permit No. ED05-15 conditions of approval. This includes the following lighting limitations related to use of the facility: a. Exterior lighting provided on a master photoelectric cell; b. Provisions of sufficient security level lighting; c. Outdoor field lighting shall be set to turn off 15 minutes after the last game; 9:00 P.M. at the latest on weekdays and City holidays and 10:00 P.M. at the latest on weekends (if extended hours on weekends are authorized pursuant to Condition 37); d. Security level lighting shall be set to turn off in parking areas and pedestrian walkways one- half hour after close of the facility, e.g. by 12:30 A.M. e. Lighting of the outdoor soccer field designed to have focused illumination that will ensure no direct lighting of off-site areas, such as the North Fork of Gallinas Creek. f. Lighting fixtures on the perimeter of the Project shall be outfitted with hoods and cut-off lenses so that the light source itself is not visible to the naked eye from neighboring properties, thereby avoiding indirect light "trespassing" into adjacent habitat areas. g. The recreational facility shall set a 10:00 P.M. outdoor event lighting restriction (e.g. event curfew) by which time all outdoor field lighting shall be turned off. This curfew shall be earlier on weekdays, by 9:00 P.M. unless a noise study is prepared that determines outdoor field use would not violate the City noise ordinance, pursuant to Use Permit Condition 37; in which case lighting shall be turned off by 10:00 P.M. at the latest. While safety lighting allowing visitors to safely leave the site may be illuminated as late as 12:30 A.M., all outdoor field lighting shall be terminated no later than 10:00 P.M. When there are evening outdoor soccer events, the maximum 10:00 P.M. end time will ensure that light generated from the use of the recreational facility's outdoor fields will not disrupt nocturnal wildlife species' activity patterns, allowing nocturnal migration movements through the project area after that time. If no games are scheduled, the lighting shall be turned off. 59. Incidental site lighting in the parking areas and around the buildings is allowed in order to foster a safe environment, but not to allow activity on the outdoor fields past permitted hours of operation. 60. The building and site design shall implement the requirements of MM Haz-1 (Risk Reduction Design Features), MM Haz-2 (Elimination of Flight Hazards), MM Hyd-2 Flood proofing as outlined in the Mitigation Monitoring and Reporting Plan (MMRP), and included in the ED05-15 conditions of approval. This shall include enhanced fire sprinkler and exiting building safety features, design of all site improvements including parking areas, drive aisles, vegetation and structures to avoid intersection of the 7:1 `ascending clear zone', installation of safety lighting at specific locations on the site building, fencing and light standard, and building dry floodproofing to +7 NGVD elevation in conformance with FEMA -standards, signage identifying maximum occupancy limits for the outdoor soccer and warmup field areas, and prohibiting access outside of fenced areas except by facility personnel. 15 Exhibit 1 61. The parking row along the south boundary fence line that borders the airport runway shall be removed, modified or relocated in accordance with federal and state requirements so that no penetration into the ascending clear zone would result; e.g., maintaining a minimum clearance of 10' above parking areas and driveways. 62. The occupancy limit for the Indoor Facility shall not exceed 345 people at any time. Further, the project shall implement the following measures from the list of Optional Building Design Measures from the May 16, 2012 Mead & Hunt letter, expanding the list of measures required by MM Haz-2: Elimination of Flight Hazards (superseding ED 05-15 condition 68). The Project Applicant shall demonstrate compliance with the following on detailed construction plans: a. Limit height of proposed structures to assure clearance of the 7:1 Transitional Surface (aka, `ascending clear zone') b. Redesign, modify or relocate the row of parking stalls nearest to the airfield in accordance with federal and state requirements so that no penetration into the ascending clear zone would result; e.g., maintaining a minimum clearance of 10' above parking areas and drivewq c. Add obstruction lights to the following features to make them more conspicuous to pilots: i. Southwesterly and southeasterly corners of building ii. Southwesterly and southeasterly ends of the fence fronting the airfield iii. Most easterly field light along the southeastern edge of the outdoor soccer field d. Tall trees shall be trimmed and maintained to ensure that they do not constitute an airspace obstruction (or, alternatively, shorter species can be planted). e. Outdoor parkin lot lights and outdoor soccer field lights, in particular, shall be shielded so that they do not aim above the horizon. Additionally, outdoor lights should be flight checked at night to ensure that they do not create glare duringlandings andings and takeoffs. f. Construction cranes and other tall construction equipment shall be lowered at the end of each day. g. Incorporate the two mitigation measures for enhanced exiting and fire sprinkler systems (as currently required in the FEIR). h. Limit and post maximum occupancy signage for the indoor facility- not to exceed 345 people inside the building at any time (note: this occupancy level accommodates the maximum occupancy level of 345 people anticipated to be inside the recreational building during peak usage). i. Post maximum occupancy signage at 336 people for the outdoor soccer field area (note: this occupancylevel accommodates the maximum occupancy anticipated for the soccer field and is set at the low end of the 2011 Handbook's acceptable intensity range). [® Exhibit 1 Post maximum occupant signage for 104 people in the outdoor warm-up area (note: this occupancy level exceeds the range anticipated for use of the warm-up field and is set at the low end of the 2011 Handbook's acceptable intensity range). k. Post clearly marked exit gates and fencing around the outdoor field areas to further enhance safety in outdoor field areas. 1. Install and maintain fencing (chain link or equivalent) between the recreation and airport facilities to prevent trespass by children onto the airfield and protect the site from any potential accident from planes that could veer off the runway; with a barrier that complies with FAA Advisory Circular 150/5370-10B, Standards for Specifying Construction of Airports, Item F-162, Chain Link Fences. m. Prohibit installation of fixed -seating, including temporary bleachers, around the outdoor field areas to avoid creating confined spaces and higher than anticipated per -acre intensity occupancy levels. n. Prohibit conduct of any special events that would draw a large number of people to the site that would exceed the above -noted occupancy limits established for the recreation facility use. o. Eliminate building skylights. p. Upgrade roof strength by installing standing seam structural roof panels supported by hot formed I beam main structural columns and beams. g. Build concrete walls on the first floor to a minimum height of 8 feet NGVDD. r. Provide fencing between the parking lot and outdoor fields in order to control occupancy levels on outdoor fields. Include at least four (4) clearly marked exita� tes. s. Prohibit airport access gates in fencing separating the Sports Facility- from the airfield. Separation fencing shall be of sufficient height and design to prevent children from accessing the airfield." Exhibit 1 I, ESTHER C. BEIRNE, 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 Council of said City on the 3rd day of February, 2014, by the following vote, to wit: AYES: Councilmembers: NOES: Councilmember: ABSENT: Councilmembers: ESTHER C. BEIRNE, City Clerk Attachment A — Existing Permitted Non -aviation Uses at San Rafael Airport M Exhibit 1 Attachment A Existing Permitted Non -aviation Uses at San Rafael Airport (Subject to updates)* Key Tenant of Use Description Employees *U date/Notes _Type Office, storage of 1 inscott Contractor equipment, materials 20 Engineering and supplies, repair of equipment and vehicles. Warehouse w/small Building formerly occupied by 2 Steve Cosey Auto Repair office Outside storage 3 Underground Construction fenced yard approx. 900 sf 3 Pat Phillips oat repair Shop 3 and storage Bartlett Tree Relocated next to Linscott's yard 4 Experts Remote Contractor Outside storage 0 approx. 3500sf. Formerly Roots Yard yard Livestock, hay and 5 Grazing grain storage structures, 0 &H will reintroduce in future. Management an fences, staging areas 6 Lulu Metal Metal Sculpture Workshop. Storage of 1 Formerly Community Artist materials Playgrounds. Small office, shop and Formerly occupied by Caron Superior fenced storage of plumbing. Storage yard Formerly Roofing Contractor roofing supplies and 4 used by Lyle Reed Striping and equipment. Newton trucking. Yard shape adjusted. 8 demolished Warehouse Shop and storage within 2Demolished as part of current building. Master Plan (99) improvements. 9 Tom Muirhead Warehouse Cabinet shop and 1 Replaced Bartlett Tree Experts storage within building 10 Vacant Office Contractor's office. 2 Formerly Rich Nave Building Contractor office. 11 alt Jewell ruck storage 1 Trucking Containers As permitted under condition #8 12 southwest of Misc. Storage 8' X 20' sea containers 0 of previous use permit Under inscottPew plan these are eliminated. Bartlett Tree Office shop and fenced Building and fenced yard 13 Experts Contractor storage yard. 14 Previously occupied by Bauman then Four Seasons. 19 Exhibit 1 [This page intentionally blank] 20 0 LEONARD A. RIFKIND THOMAS C. TAYLOR, JR.* *OF COUNSEL January 30, 2014 LAW OFFICES RIFKIND LAW GROUP 100 DRAKE'S LANDING ROAD, SUITE 260 GREENBRAE, CALIFORNIA 94904 TEL (41 5) 785-7988 . Fax (41 S) 7B5-7976 WWW. RIFKIN DLAWGROUP.COM VIA EMAIL ONLY: Kraig.Tambornin ciiyofsanrafael.org; Esther.Beirnefa,cityofsanrafael.or; Raffi.Boloyan(�icityofsanrafael.or ; Paul.Jensengeityofsanrafael. org REAL ESTATE LAND USE BUSINESS LAW ESTATE PLANNING Mayor Gary Phillips Members of the San Rafael City Council 1400 Fifth Avenue San Rafael, CA 94901 Re: Project: 397-400 Smith Ranch Road (San Rafael Airport Recreational Facility Project Amendment) Request: For Amendment to Master Use Permit (UP05-08) To Modify Hours of Operation, File No. UPI 3-050. Hearing Date and Time: February 4, 2014, 7:00 p.m. Dear Mayor Phillips and Members of the San Rafael City Council: As you know, our law firm represents Captain's Cove Property Owners Association ("Association"). The Association thanks the Council's careful consideration of the request by the applicant to modify the permitted hours of operation, and its anticipated decision not to change the permitted hours for interior operations as set forth in Condition No. 3 8 of the Master Use Permit ("MUP"). Condition No. 38. Comments. While the Association appreciates the Council's efforts to mitigate the Project's impacts to Association residents and all residents in the Smith Ranch Road neighborhood, determination of whether significant impacts exist should not be limited to a noise study and the Association urges the Council to consider any and all significant complaints received by the City when reviewing the use permit hours of operation after a year of operation. Certainly impacts can include other impacts as well, e.g. crime, litter, loitering, trespassing, etc. Condition of Approval No. 56 is Inadequate and Needs to be Revised; Request For Public Hearing. The Association respectfully requests that the Council schedule a noticed public hearing to reconsider Condition No. 56, relating to mitigation of impacts that the Project will have on Association residents that is wholly inadequate. Mayor Gary Phillips � Members of the San Rafael City Council January 30, 2014 Page 2 of 3 Generally, Conditions of Approval Nos. 53-56, inclusive, relate to efforts to mitigate impacts on Association residents and Contempo Marin residents, as well as other neighboring communities along Smith Ranch Road. Specifically, the Association respectfully requests that the City Council consider revising and augmenting Condition No. 56, relating to mitigation conditions to protect the Association. Given the volume of traffic identified in the EIR, up to 1700 trips per day, Condition No. 56, as currently stated, limited to a four -foot solid wall, is wholly inadequate and requires additional mitigation measures. The Association requests that the Project developer be required to retain for the Association to consult with a sound engineer, landscape architect and arborist to create improvements as the applicant's cost that will mitigate the true impacts of this Project. New Information Exists Requiring Further Environmental Review For the Next Discretionary Approval Sought by the Project Applicant. New information that has arisen since the Council's December 2012 certification of the Final Environmental Impact Report (FEIR) in the form a state-wide drought. The Governor of the State of California declared a drought emergency state wide in January 2104. Also in January, Marin Municipal Water District passed a resolution imposing a 25 percent voluntary reduction in water use, with consideration of making the reduction mandatory in April 2014, depending on reservoir levels at that time. A Local & Rekional Monitor v. City of Los Angeles (App. 2 Dist. 1993) 12 Ca1.App.4th 1773, rehearing denied; 14 CCR § 15162 Accordingly, any subsequent discretionary approval by the City requires additional environmental review. See CEQA Guideline Section 15162, subd. (c). Here, the applicant seeks modification of its use permit to increase hours of operation, which by definition is discretionary and logically would have environmental impact. Since it appears at this time no increase in hours will be permitted, no further environmental review is necessary at this time. The Association, however, will be vigilant in its monitoring of the Project and its operations should any future requests for discretionary review by the applicant arise. Mayor Gary Phillips ,t Members of the San Rafael City Council January 30, 2014 Page 3 of 3 Conclusion. The application to amend and increase the hours of operation as provided in Condition of Approval No. 38 should be denied. Condition of Approval No. 56 merits further Council review at a future public hearing. Any future discretionary review of this project, given the drought, is subject to further environmental review. Very truly yours, RIFKIN4AW GROUP Leonard A. Ri ind LAR/fw � � tk� cc: clients —. ``-� bruntry 30. 2014 LAW cwr�v RIFKIND LAW GROUP MD DQWXO LMMIK N==. QxM 26(j Nnq,rC"A"W". 9=04 , P.b. N C,L A',"xP0 tj I', L,\ ENIAR, ONLA': Kraig,' Uiphyan jail"; go thapryf, Amy Avrjknk�; 'W'd- oVAQ! tMi : v:0 0 HAO% All .tt the '�Un Rafael City Council 3954M) SnX DIA, NO (401 IRAQI PdrINII Opera i i �; i i, 1 i c Heariiq,Date ,ii d Iiine., February 4,2014,7:00 p.i . it, ais 111611ilis and Nlk wiK° rs of the Sat.i Cily cotincil: PR At Lsmar EnaM (-:xsS0CA,q0 1f._ .1 -"Wmv! Min it: ( 051cw, 0X. 40 ow1kno"a 'dwic request by ikw,yQ in; w nond K -m, oknkn I nw- .0 V MI&QUnd dcAska asa 0, Vw. on: Iwasawd how. vu kk A 1 qwu ULM A 1 Ah in 1 mwluotl No- 38ofi., c-!, OWhOn A". 18. ( oninicnis. Mile to Ayoidikd, jjv,, Law- :& 1 ouncil's cbqw. to mulTaw uw NquCs hymis to Nsociation rcsid—,,i <,& all residents in Tv VHQ lZanch AN wJibodupY. TieniSmAm of 'i, i".ii1cant inll%lets Ii,,,,;Id i. be knited to A wise stod, ail_: 'he ANstwMi UTCS TL COMM to consiTr ny. uni A COhif)kiinls fe,�eii hy the (in "Sn rede"ing the use penQ Wws w operation T&tera year oropena, I Certainly impacts can iii,: to odwr Anpcts as well. e.g. crime, litter, loitering, tresl ,An g,cit c. (Vndkkn of Appro% al \o. 56 i% Inwhol"itv and Nurd, to Iw vi & vd: mjp"-I pir 1MIN Iluaring. I lie Asywiantmi mpccuu, requems non inn cknawk >L"waule a w twAring to rccon:,id�.r Condition No. 56, rdating to mitiption ofimpacts that the will have on Associatki w.dents that is AtTy KnAcquace. Mayor Gary Phillips Members of the San Rafael City Council January 30, 2014 Page 2 of 3 Generally, Conditions of Approval Nos. 53-56, inclusive, relate to efforts to mitigate impacts on Association residents and Contempo Marin residents, as well as other neighboring communities along Smith Ranch Road. Specifically, the Association respectfully requests that the City Council consider revising and augmenting Condition No. 56, relating to mitigation conditions to protect the Association. Given the volume of traffic identified in the EIR, up to 1700 trips per day, Condition No. 56, as currently stated, limited to a four -foot solid wall, is wholly inadequate and requires additional mitigation measures. The Association requests that the Project developer be required to retain for the Association to consult with a sound engineer, landscape architect and arborist to create improvements as the applicant's cost that will mitigate the true impacts of this Project. New Information Exists Requiring Further Environmental Review For the Nert Discretionary Approval Sought by the Project Applicant. New information that has arisen since the Council's December 2012 certification of the Final Environmental Impact Report (FEIR) in the form a state-wide drought. The Governor of the State of California declared a drought emergency state wide in January 2104. Also in January, Marin iviunicipal Nater District passed a resolution imposing a 25 percent voluntary reduction in water use, with consideration of making the reduction mandatory in April 2014. depending on reservoir levels at that time. A Local & Regional Afonitor v. City of Los An elg es (App. 2 Dist. 1993) 12 Cal.App.4th 1773, rehearing denied; 14 CCR §15162 Accordingly, any subsequent discretionary approval by the City requires additional environmental review. See CEQA Guideline Section 15162, subd. (c). Here, the applicant seeks modification of its use permit to increase hours of operation, which by definition is discretionary and logically would have environmental impact. Since it appears at this time no increase in hours will be permitted, no further environmental review is necessary at this time. The Association, however, will be vigilant in its monitoring of the Project and its operations should any future requests for discretionary review by the applicant arise. Nkqor (Awl Ildlip", of the S,111 City Council Or"a-V X 201-1 NYC i of 3 Conclusion. Cho ippWation to mend and inanho Te hmvs dAqvru4vn as pprAdW in (AnWiTin `it' W ion at a Sure p0h, UK, Any it it"_ Wcivlk,mtr? o;'ihii pro�ject, given the ismightis sid4cal v furthcr cm Knumul roN im, FII K 1; NNW GROU P Inomad A. il�iriii'& L A R; Av cc: clients Esther Beirne From: Robert Herbst <rherbst@jhsproperties.net> Sent: Friday, January 31, 2014 10:24 AM To: Kraig Tambornini; Robert F. Epstein; Paul Jensen Cc: Diane Hanna; Esther Beirne; Nancy Mackle; Raffi Boloyan; Andrew Rowley Subject: Re: Hearing on Monday Our preference is to continue this item. I have spoken with Councilman McCullough this morning. He would like to review the draft condition 38 to determine if it accurately reflects the intent of his motion from the last hearing. From our perspective, we do not object to the proposed noise study. What we object to is the idea that a professional acoustical noise study be weighted approximately equally with unsubstantiated verbal public testimony. We understand that the public must be allowed to comment during the review hearing, but in the absence of documented and verified proof of abusive behavior by the sports center, the noise study should be determinative. Thanks, Bob Herbst On 1/30/14 10:35 AM, "Kraig Tambornini" <Kraig.Tambornini@citvofsanrafael.org> wrote: All We should go ahead and have the CC continue this item to allow time for us all to review this. Please advise. Kraig From: Robert Herbst [mailto:rherbst@ihsproperties.net] Sent: Thursday, January 30, 2014 10:04 AM To: Kraig Tambornini Cc: Diane Hanna Subject: Hearing on Monday Importance: High Kraig, We are unwilling to agree to condition 38 proposed by staff. We engaged in substantial settlement negotiations with the neighbors, of which the City was a part. The City was aware of, and allowed the settlement to proceed based partially on a trade-off of outdoor vs. indoor operating hours. It was explained to us by City staff that for procedural reasons, this hours trade-off had to be heard and approved by the Council at a subsequent public hearing. Since the City particated and approved the settlement agreement, we believe it was a fair expectation on our part that the hours trade-off would be officially ratified by the Council at the public hearing. We therefore continue to believe that the right and fair thing for the Council to do is to ratify ALL of the settlement terms, including the hours trade-off. Failing that, as we requested at the hearing, at least modify condition 38 to give us an objective, measurable noise standard under which we can 'earn' the extended indoor hours that we had in good faith negotiated for. We believe strongly that staff's proposed condition 38 is not fair. It gives equal or nearly equal weighting to "Testimony received from adjacent neighbors", who need merely show up at the public hearing and continue to make more unsubstantiated claims about diapers, drinking, trespassing, etc, without any need to show evidence that this behavior actually occurred, or was caused by our sports facility (and not Mclnnnis Park, which happens to be the source of the neighbors' current complaints). Meanwhile, Condition 38 requires us to spend $10,000 or more on a professional 3rd party noise study to demonstrate that we are in compliance with the City noise ordinance. This is not a fair balancing, especially given that we had bargained in good faith for the hours trade-off, with the City's knowing participation. If Staff cannot modify their proposed condition 38 prior to the City Council hearing on Monday, then we would prefer to take the item off the agenda so it can be discussed at more length. Furthermore, as we discussed, the lawsuit and settlement agreement have now taken over one year away from our approved building timeframe of 4 years. We would like the 4 year schedule re -instated effective on the date of the Council's final approval of condition 38 and other revised conditions related to the Settlement Agreement. Please call me to discuss. Best, Bob Esther Beirne From: Kraig Tambornini Sent: Monday, February 03, 2014 7:56 AM To: Robert F. Epstein Cc: Paul Jensen (Paul.Jensen@cityofsanrafael.org); Raffi Boloyan (Raffi.Boloyan@cityofsanrafael.org); Esther Beirne Subject: FW: Condition 38 Attachments: Condition 38 - Redline Airport to Staff (00382445xA4507).docx; Condition 38 - Airport Version (00382425xA4507).docx See attached and below. Please advise as to rneetings/timing for discussion of the requested edits. Also, resetting the expiration period may require re -noticing. KT From: Robert Herbst[maiIto: rherbstCcbjhsproperties.net] Sent: Monday, February 03, 2014 7:50 AM To: Kraig Tambornini Subject: Fwd: Condition 38 Here you go Kraig. Also we would like the 4 year project completion clock to re -set. -------- Original message-------- Subject:Fwd: Condition 38 From:Robert Herbst <rherbst(tjhsproperties.net> To:andrew mccullough@150pelican.eom Cc: -------- Original message -------- Subject: Condition 38 From:Diane Hanna <diane!u�SSLLAVN'FIRIVI.COM> To:Robert Herbst <rherbst;ajhsproperties.net> Cc: Attached is my stab at the revised condition 38 and a redline showing the changes from the Staff's version. SSL FIRM 38. Indoor use Hours: The hours of operation for the indoor recreational uses and ancillary uses shall be as follows: a. 9:00 A.M. to 10:30 P.M., Sunday to Thursday and Federally designated holidays (weekdays). b. 9:00 A.M. to 11:00 P.M., Friday and Saturday (weekends) c. Saturday and Sunday hours of operation can start at 8:00 A.M. during the winter season (November 1 to May 15) One (1)year following occupancy and full operation of the indoor facility, the applicant may submit a request to allow the indoor use to remain open until 11:00 PM on weekdays and 12:00 AM on weekends. Prior to submitting such a request the applicant shall pay _the �cost _for the Ch and Rafael Tto-select and hire a qualified noise consultant approved by_th CAy_to measure intermittent and constant noise levels generated while the indoor facility is operating. The noise measurements shall be taken between 9:30 PM and 11:00 PM (nighttime) on at least three weekday evenings and two weekend evenings during peak season operations. Noise measurements shall be documented near the bridge crossing over North Gallinas Creek and adjacent to the contiguous Contempo Marin and Captains Cove residential neighborhoods to demonstrate if the nighttime noise levels experienced at the nearest residential property boundaries (while the indoor facility is operating) are in compliance with the following City of San Rafael Municipal Code Table 8.13-1 - General Noise Limits: 50 5_0-dBA Intermittent 40 dBA Constant 1�pa-sub€itaa- of a reeit fey et�osi ar�def le+i n of +h® r� nuei r}-aral_s+- t#e+t mora +not I+r ¢t c the fo41gwjaq -H=� If the noise measurements are consistent with the noise limits set fortis _above. an_d thopity Pias not received anv si nificant verified _written comPl irts_froM adjacent residents_ the Plannin Division shall have the authority_ to app oUe th _a piicant retfuest for an extension_ of the -indoor heurs�o qgeration as set forth above. in the event the Cid has received significant verified written complaints from adjacent residents._ then the City Council shall hold a_noticeda ll hh_earir�g on_thg g 1icanL, request_t_o extend the indoor hours ofaporatip __The_City Councils decision should be lately based ur,,on_the extent to which the recreational facility is operating within the City of San Rafael Municipal Code General Noise Limits. In addition, the Cgy_Qouncil may consider 24 The extent to which intermittent or unusual loud noises have been documented as a direct result of the facility activities e.g. loud car radios emanatinq from the ertyr, excessive vehicle speeds on the access roads, groups of people gathering in the facilites parking lot or using the access roadway/pedestrian pathways at night, or noise from inside the building extending outdoors, etc. 'Testimony received from ' 3-)',-T�est� :aaGent�--res,dera�s-�-Ga�t�+rrs�-���,;d_.�.�:����r�-_fi����r woad-be-rnc�st��cted--b� �e_�cz-n+rhte-��ise- 2j 4} -Any efforts that have been and/or could be made by the operator to mitigate any documented nuisance noise impacts. The decision of the City Council shall be made by adoption of a resolution, and may be subject to additional restrictions limitations or conditions related to aa_;, rt -he -cost f' -'3r e—ass n -zn,& (=u ,cYf i �'?F�r i� ti b�_- .Y� b W ih;e aF = + r-,, `tonal hours of nigl_T{lr-,le indoor oreration. The hours of operation specified in a tnntj ., In above may be-eXte rd ed -t$ &00�Ary .-te-44-00--P.M- Sunday-t� and Federally e-loc nn�+o rJ hnlirl we i�uooLrlovc\ Dort o.nn o nn +„ !-)-nn�_ FFi'F rjG�.p_'�`y a-nd Saturday (weekends) fellewinn the first year r,f establishment Dod nncrotion of the use, provided that the C`i+v met- received any oinnifinant wrhte r- 38. Indoor use Hours: The hours of operation for the indoor recreational uses and ancillary uses shall be as follows: a. 9:00 A.M. to 10:30 P.M., Sunday to Thursday and Federally designated holidays (weekdays). b. 9:00 A.M. to 11:00 P.M., Friday and Saturday (weekends) c. Saturday and Sunday hours of operation can start at 8:00 A.M. during the winter season (November 1 to May 15) One (1) year following occupancy and full operation of the indoor facility, the applicant may submit a request to allow the indoor use to remain open until 11:00 PM on weekdays and 12:00 AM on weekends. Prior to submitting such a request the applicant shall select and hire a qualified noise consultant approved by the City to measure intermittent and constant noise levels generated while the indoor facility is operating. The noise measurements shall be taken between 9:30 PM and 11:00 PM (nighttime) on at least three weekday evenings and two weekend evenings during peak season operations. Noise measurements shall be documented near the bridge crossing over North Gallinas Creek and adjacent to the contiguous Contempo Marin and Captains Cove residential neighborhoods to demonstrate if the nighttime noise levels experienced at the nearest residential proper boundaries (while the indoor facility is operating) are in compliance with the following City of San Rafael Municipal Code Table 8.13-1 — General Noise Limits: 50 dBA Intermittent 40 dBA Constant If the noise measurements are consistent with the noise limits set forth above, and the City has not received any significant verified written complaints from adjacent residents, the Planning Division shall have the authority to approve the applicant's request for an extension of the indoor hours of operation as set forth above. In the event the City has received significant verified written complaints from adjacent residents, then the City Council shall hold a noticed public hearing on the applicant's request to extend the indoor hours of operation. The City Council's decision should be largely based upon the extent to which the recreational facility is operating within the City of San Rafael Municipal Code General Noise Limits. In addition, the City Council may consider 1) The extent to which intermittent or unusual loud noises have been documented as a direct result of the facility activities, e.g., loud car radios emanating from the property, excessive vehicle speeds on the access roads, groups of people gathering in the facility's parking lot or using the access roadway/pedestrian pathways at night, or noise from inside the building extending outdoors, etc. 2) Any efforts that have been and/or could be made by the operator to mitigate any documented nuisance noise impacts. The decision of the City Council shall be made by adoption of a resolution, and may be subject to additional restrictions, limitations or conditions related to the additional hours of nighttime indoor operation. CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM SRRA / SRCC AGENDA ITEM NO. 5, a DATE OF MEETING: February 3, 2014 FROM: Kraig Tamborninj;'Senior Planner DEPARTMENT: Community Development DATE: 1/27/14 TITLE OF DOCUMENT: RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AMEMI A MASTER USE PERMIT (UP13-050) MODIFYING THE HOURS OF OPERATION AND BDING SAFETY MEASURES FOR THE SAN RAFAEL AIRPORT RECREATIONAL FACILITY PROJECT AT 397-400 SMITH RANCH ROAD Consent Calendar Item continued from January 21, 2014 meeting. Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager -(signature) NOT APPROVED REMARKS: APPROVED AS TO FORM: City Attorney (signature) SAN RAFAEL AIRPORT RECREATION FACILITY- CITY COUNCIL MEETING STATEMENT EXPLAINING PROPOSAL TO CONTINUE THE MATTER TO THE FEBRUARY 18 CITY COUNCIL MEETING ➢ Airport project resolution was scheduled for review this evening; continued from the January 21 City Council meeting ➢ Project applicant has requested a continuance to review the draft condition addressing the indoor operating hours and the scope of the noise study ➢ Staff concurs with the continuance; will provide an opportunity to consult with a noise/acoustical engineer on the scope of the required noise study Action to continue will require a vote of the City Council to continue the matter to the February 18 Council meeting