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HomeMy WebLinkAboutCC Resolution 10898 (201 Third St.)RESOLUTION NO. 10898 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING USE PERMITS (UP 00-16 AND UP 01-32) AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED 00- 44) FOR A 16,172 -SQUARE -FOOT SHOPPING CENTER DEVELOPMENT LOCATED AT 171-181 THIRD STREET AND PARKING LOT USE AND SITE DESIGN IMPROVEMENTS AT 201 THIRD STREET (171-181 Third Street Shopping Center and 201 Third Street) (APNs 014-161-22 & 23; 014-151-11) The City Council of the City of San Rafael finds and determines that: WHEREAS, Seagate Properties, on behalf of 171-181 Third Street Partners, LLC and 201 Third Street Partners, LLC, submitted application requests to the Community Development Department, Planning Division to develop the 1.24 -acre site at 171-181 Third Street with a 16,172 -square -foot shopping center on two parcels, and to formally establish a parking lot use and improve the vacant 0.88 -acre 201 Third Street site with frontage landscaping, an extension of the walkway along the San Rafael canal and removal of cyclone fencing; and WHEREAS, by adoption of a separate resolution the City Council has adopted a Re- zoning request (ZC 01-01) for the three subject properties, which establishes the appropriate Marine Commercial -Canal Overlay (MC -C) Zoning District for the properties; and WHEREAS, upon review of the applications, an Initial Study/Mitigated Negative Declaration was prepared for the project and made available for public review on April 4, 2001, consistent with the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the City Council adopted the Mitigated Negative Declaration by a adoption of a separate resolution; and WHEREAS, on April 24, 2001, and May 15, 2001, the City of San Rafael Planning Commission held a duly noticed public hearing on the proposed Use Permit and Environmental and Design Review Permit and recommended denial; and WHEREAS, on August 6, 2001, the City Council held a duly noticed public hearing on the proposed Use Permit and Environmental and Design Review Permit requests, considered the recommendation of the Planning Commission, accepting all oral and written public testimony and the written report of the Department of Community Development staff. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Use Permit and Environmental and Design Review Permit requests based on the following findings and conditions of approval: FINDINGS Master Use Permit Findings (UP 00-16) 1. The proposed shopping center use at 171-181 Third Street is consistent with the General Plan, the objectives of the Zoning Ordinance, and the purposes of the Marine Commercial - Canal Overlay (MC -C) and Water (W) Districts in which the site is located given that: a) the project proposes a commercial shopping center land use which is consistent with the General Plan Marine -Related land use designation; b) the design is in compliance with the General Plan Land Use and Design Policies in the Land Use Element, Canal/Bayfront Element and Montecito 1 Happy Valley Neighborhood Plan and the Zoning Ordinance development provisions in that the project includes Environmental and Design Review Permit review for the site improvements, building design and landscaping; and the development complies with the applicable site development standards with approval of a reciprocal parking agreement to permit development on two parcels, and the project provides a physical connection with the Montecito Shopping Center through design and parking improvements on the 201 Third Street site, including a concurrent Use Permit request to formalize 201 Third Street as overflow parking for the Montecito Shopping Center; c) a portion of the existing deck that overhangs the canal right-of-way would be removed, and the boat dock which is proposed to remain is compatible with the Water (W) District, and; d) the design has been reviewed for consistency with the design criteria established for the Canal Overlay (-C) District. 2. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City given that the development project has been reviewed by the appropriate City Departments and local agencies which would serve the use, their conditions have been incorporated into the project, and a Mitigated Negative Declaration has been prepared for the project in compliance with the provisions of the California Environmental Quality Act (CEQA) which analyzed potential impacts and includes mitigation measures to ensure the project would not have a significant adverse impact on the environment. 3. The proposed use complies with each of the applicable provisions of the Zoning Ordinance in that the project complies with the site development and design standards of the Zoning Ordinance, Use Permit approval has been granted for the proposed mix of commercial and office uses, and a reciprocal parking agreement would be required to be recorded for the project. Environmental and Design Review Permit Findings (ED 00-44) 1. The project design is consistent with the General Plan 2000, including the Land Use Policies, Canal Bayfront and Montecito / Happy Valley Neighborhood Policies, the objectives of the 2 Zoning Ordinance, and the purposes of Zoning Code Chapter 25 in that: a) the project proposes appropriate site landscape, lighting and canal walkway improvements, building designs are appropriate for the waterfront setting and neighborhood, storefronts orient towards the canal, the intent of Section 14.16.080.D is met given the existing deck and building on piers would be converted to use as a walkway which has a minimum depth of 25 feet, and the design provides visual access to canal; b) the project includes improvements to the adjacent 201 Third Street property consisting of removal of cyclone fencing, installation of frontage landscaping and the extension of the canal walkway to provide a visual and pedestrian connection between the Montecito Shopping Center and the 171-181 Third Street project which satisfies the intent of Canal/Bayfront Policy CB -21; and c) the project has been reviewed by the Design Review Board, as required under Chapter 25, Design Review, which considered all applicable design criteria, including the Canal Overlay (-C) District criteria, and determined that the site and building design improvements were appropriate. 2. The project design is consistent with all applicable site, architecture and landscape design criteria and guidelines for the MC -C District based on the discussion of the criteria in Finding 1 above. 3. The project design minimizes adverse environmental impacts based on the conclusions of the Mitigated Negative Declaration prepared for the project as discussed further under Use Permit Finding 2 above. 4. The project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity based on the discussion in the Draft Mitigated Negative Declaration prepared for the project and given that the project has been reviewed by all relevant agencies and City Departments and conditioned appropriately. Use Permit Findings (UP O1-32) 1. The proposed parking use at 201 Third Street is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of the MC -C District in which the site is located given that parking lots may be permitted subject to Use Permit approval and the proposed parking lot would satisfy the overflow parking requirement for the adjacent Montecito Shopping Center site to provide up to 60 seasonal/overflow parking spaces. 2. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City given that the site is suited for use as an overflow parking lot and is adjacent to the use which it serves. 3. The proposed use complies with each of the applicable provisions of the Zoning Ordinance in that consistent with Zoning Code Section 14.18.220, the property owners of both 201 Third Street and the Montecito Shopping Center (located at 209 through 425 Third Street) have entered into a lease agreement that establishes the duration and purpose of the lease to provide a minimum of 60 parking spaces for use by Montecito Shopping Center. 3 CONDITIONS OF APPROVAL Master Use Permit —171-181 Third Street Shopping Center (UP 00-16) Planning Division 1. This Master Use Permit approves the following development for the 171-181 Third Street site: a) Development of a shopping center in two buildings at 0.32 FAR, totaling 16,172 square feet in area. b) Uses shall be restricted to general commercial/neighborhood retail uses on the lower floor levels of Building A and Building B, with general office uses on the upper floor of Building A. Building A shall consist of a maximum of 7,070 gross square feet on the ground floor and 6,227 gross square feet on the upper floor. Building B shall consist of a maximum of 2,875 square feet of area. c) The specific types of general retail and office uses shall be as permitted in the General Commercial (GC) District. No fast food, convenience store, arcade, drive-through, or similar uses that would promote vehicular traffic or pedestrian traffic crossing Third Street shall be permitted. d) Off-site parking of 12 spaces shall be permitted and provided for Building B (proposed on Parcel One) on Parcel Two. 2. Prior to issuance of building permits, the applicant shall obtain the appropriate approvals (Lot Line Adjustment) to create the two parcels for 171-181 Third Street as proposed on the project site plan. 3. A reciprocal parking agreement and reciprocal access agreement shall be recorded prior to occupancy of either building. The parking agreement shall stipulate that the parking for Buildings A and B is met by combining the total number of parking spaces provided for both parcels. 4. Any revisions to the proposed uses covered under the Use Permit shall be subject to review and approval by the Community Development Director. 5. The Use Permit for 171-181 Third Street shall be subject to adoption of a Rezoning from the Marine (M) and Marine -Canal Overlay (M -C) District to the Marine Commercial -Canal Overlay (MC -C) District for the 171-181 Third Street and 201 Third Street properties, as proposed under ZC 01-01. 6. Development of the property shall be subject to Environmental and Design Review Permit approval (ED 00-85). The Use Permit approval shall be contingent upon the property owner securing agreements between the 201 Third Street and Montecito Shopping Center owners to provide and maintain a physical connection between these properties in order to provide a link between the 171-181 Third Street and Montecito Shopping Center properties. The connection shall consist of a canal walkway connection and landscape frontage improvements. 7. This Use Permit shall be valid for two years, until August 6, 2003 and shall expire unless a building permit has been issued or a timely request for extension has been filed. The time period established for UP 00-16 shall also apply to all concurrent project approvals, i.e. Environmental and Design Review Permit approval (ED 00-44). Environmental and Design Review Permit (ED 00-44) Planning Division 8. This design approval is granted for site and building design improvements approved for development of a Shopping Center Development at 171-181 Third Street, which includes building, parking, landscaping and a canal walkway improvements, as well as landscaping, canal walkway and fence removal improvements proposed for the 201 Third Street "parking lot" site as indicated on the project plans presented for approval and indicated in the project staff report describing the site and building materials, colors and details. Approved design plans and exhibits are contained in the Planning Division file which include the plan sheets titled 171 3rd Street Plaza, Sheets 1, A0.1, L-1. Cl, C2, A1.1, A1.2, A4.1, A4.2 dated 3/19/01 and stamped received on and/or after 3/29/01. 9. Plans submitted for building permit and site development shall conform with the building techniques, materials, elevations and appearance of this project, as indicated on the plans, reports and exhibits stamped approved in the project file. Any future revisions, additions, expansions, remodeling, etc., shall be subject to the review and approval of the Community Development Department, Planning Division. 10. The approved building colors shall be as indicated on the elevation and colors board which portray medium gray corrugated metal siding, white trim, dark red metal windows. 11. A sign program shall be approved prior to installation of signage on the site. The sign program shall be consistent with the conceptual sign plan indicated on the project plans. The final sign details, as indicated in the conceptual sign plan, shall be subject to review by the Design Review Board and approval by the Community Development Director. 12. Prior to issuance of a building permit, the applicant shall comply with conditions of the Marin Municipal Water District to obtain water service to the new buildings. Verification of compliance shall be submitted at time of building permit application. 13. Prior to issuance of a building permit, the applicant shall provide verification the final landscape and irrigation plans have been approved by the Marin Municipal Water District. 14. Detailed final landscaping and lighting plans, including a photometric plan, shall be submitted for review and approval by the Design Review Board prior to issuance of a building permit. 15. The final landscape plans shall include the final walkway, landscape frontage and site improvements proposed for 201 Third Street that were required to provide a visual connection to the Montecito Shopping Center. Native or compatible landscape vegetation shall also be planted along the bank of the canal of the 201 Third Street site to match the landscaping along the Montecito Shopping Center site, consistent with the recommendations of the State Department of Fish and Game and project plans. 16. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. Prior to final occupancy, the applicant shall provide a two-year maintenance contract for landscaping or post a two-year maintenance bond to ensure landscaping conditions are met and plantings have established. 5 17. The lighting plan shall verify that lighting intensity shall comply with the 1 foot-candle intensity proposed for the site, and ensure light is directed downward and shielded so that it does not create excessive glare, or spillover onto adjacent properties and the canal zone. 18. After installation and occupancy of the site, all lighting shall be subject to a thirty (30) day review period to verify compliance. 19. The portion of the deck overhanging the canal right-of-way shall be removed, or an encroachment permit obtained as required by the Department of Public Works. 20. A minimum four -feet of clearance shall be maintained for sidewalks located between any building out -swinging doors and overhanging parking spaces. (Air Quality) 21. All active construction areas shall be watered at least twice daily. A water truck or equivalent method shall be in place prior to commencing grading operations. 22. All trucks hauling soil, sand, and other loose materials shall be covered, or trucks shall maintain at least two feet of freeboard. 23. All unpaved access roads, parking areas and staging areas on-site shall be paved, water shall be applied three times daily or non-toxic soil stabilizers shall be applied. 24. All paved access roads, parking areas and staging areas at construction sites shall be swept daily with water sweepers. 25. Adjacent public streets shall be swept daily with water sweepers if visible soil material is carried onto adjacent public streets. 26. Excavation and grading activity shall be suspended when wind gusts exceed 25 miles per hour. 27. The air quality mitigation measures (condition nos. 21 through 26, and condition no. 28) shall be noted on the final grading plans prepared for the project or on a separate construction logistics plan submitted for review and approval by the Community Development Department prior to issuance of permits. 28. The project proponent shall inform the contractor, general contractor or site supervisor of these requirements and shall be responsible for informing subcontractors of these requirements and for implementing these measures on the site. (Biological Resources) 29. Prior to issuance of permits or commencement of construction or grading activities, the developer shall implement the following measures: a) Install netting or screen material below the dock to prevent access for birds prior to dock re -construction. The material shall be installed during the non -breeding season (September -March). Prior to issuance of a building permit, the developer shall provide verification that this has been completed during the non -breeding season, in compliance with the recommendations of a qualified biologist. b) Prior to issuance of permits, pre -construction breeding surveys shall be conducted by a qualified professional to determine if birds are nesting on-site. If birds are nesting, measures to avoid disturbance during the breeding season (April - August) shall be taken by conducting construction activities during the non -breeding season. A copy of the survey shall be provided to the Planning Division at the time of permit application. c) If birds are nesting and construction is to be proposed during the breeding season, the developer shall provide a construction logistics plan with the permit application which M details how activities will be coordinated to avoid disturbance of the nesting areas. The plan shall be certified by a qualified professional biologist. d) If birds are discovered to be nesting, the State Department of Fish and Game shall be consulted as soon as possible. A copy of the breeding bird survey shall be provided to the State Department of Fish and Game for review prior to issuance of building permit. (Cultural Resources) 30. In the event that archaeological features, such as concentrations of artifacts or culturally modified soil deposits including trash pits older than fifty years of age, are discovered at any time during grading, scraping, or excavation within the property, all work shall be halted in the vicinity of the find, the Planning Division shall be notified, and a qualified archaeologist shall be contacted immediately to make an evaluation. If warranted by the concentration of artifacts or soils deposits, further work in the discovery area shall be monitored by an archaeologist. (Hazards and Hazardous Materials) 31. Any remaining underground storage tanks (UST's) shall be removed or concreted in place, as required by the City of San Rafael Fire Department (SRFD) and the Building Division. 32. An investigation shall be conducted to discover if an underground waste oil storage tank is in place near the southwest corner of the service bays of the former service station at 171 Third Street. Plans for removal of the tanks, if any, shall be approved by the SRFD prior to issuance of grading permits for the project. 33. An oil/water separator in the southwest corner of the service bays of the service station building, as observed in the Woodward -Clyde Consultants investigation report of August 5, 1993, shall be removed and possible contamination of that area addressed at the time of development. Plans and reports addressing the extent and removal of contamination shall be approved by the SRFD prior to issuance of grading permits for the project. 34. To minimize the potential for release of residual contamination through site disturbance from grading and construction activities, implement dust control mitigation measures (conditions 21 through 26). (Hydrology and Water Quality) 35. The developer shall submit an erosion control plan for review and approval by the City Engineer (e.g. Building Official and Department of Public Works) prior to issuance of grading permits for the site. The erosion control plan shall be based on and include "best management practices" (BMP's), as described in the BMP Sheet provided by the City Public Works Department, Stormwater Pollution Program Manager. 36. To mitigate against potential water quality impacts from grading and construction activities, implement the paving and street sweeping condition nos. 21 through 28. 37. The developer shall prepare a Stormwater Pollution Prevention Program (SWPPP) for review and approval by the City of San Rafael Public Works Department, Stormwater Program Manager prior to issuance of a building permit. (Noise) 38. Holes for piles shall be pre -drilled to the maximum feasible depth and the tips of piles shall be pointed to shorten the time required to drive piles and minimize noise and vibration. This method, or an equivalent construction technique which minimizes pile driving impacts, shall be specified in the construction drawings. 39. Pile driving activities shall be scheduled Monday through Friday, 8 a.m. to 5 p.m., to minimize impacts on adjacent uses. A minimum of 72 hours before starting pile driving activities, the developer shall notify the adjacent high school, businesses and residents within 300 feet of the pile driving schedule. Activities shall be scheduled to minimize the impact on the school during hours of instruction. Building Division 40. An engineered site plan showing all existing and proposed site conditions shall be submitted with the application for a building permit. 41. A level `B" soils report shall be submitted with the application for a building permit. 42. The project soils engineer shall review and approve the plans submitted for a building permit for compliance with the recommendations of the project soils report. 43. All earth and foundation work shall be performed under the direction of the project soils engineer and a final construction report shall be submitted to the City prior to a final inspection. 44. No mass grading shall occur between October 1 and April 15 without the permission of the City Engineer. 45. An erosion control plan addressing erosion during and after construction shall be submitted with the application for a building permit. 46. The site shall be "winterized" and all erosion control measures shall be in place prior to the first day of October. 47. The erosion control plan shall be based on " Best Management Practices". 48. The final finished floor elevation shall be at elevation +7.0 M.S.L. or higher after 30 years settlement. Certification of the floor elevation shall be provided by a registered engineer or licensed surveyor prior to approval of the building final inspection. 49. The site plan shall show all existing and proposed drainage conditions. 50. The site plan shall show all existing and proposed sanitary sewer facilities. 51. Any new connections to the sewer main in the street shall require an encroachment permit. 52. The improvement plans shall show all existing and proposed frontage improvements 53. All frontage improvements shall be constructed in accordance with the "Uniform Construction Standards for the Cities and County of Marin." 54. An encroachment permit shall be required for the construction of any frontage improvements. 55. All existing curb, gutter, and sidewalk damaged during construction shall be replaced to the satisfaction of the city engineer. 56. The improvement plans shall show all existing and proposed site utilities. 57. All utilities shall be underground. 58. The existing bulkhead along the San Rafael Canal shall be reconstructed to the satisfaction of the City Engineer. 59. A guardrail shall be installed along the bulkhead adjacent to the San Rafael Canal. 60. Prior to issuance of any permits, the San Rafael Canal construction and freeway lines shall be shown on the project engineered site plan. Construction and freeway lines are shown on the record of surveys at page 16. Public Works 61. The project shall employ best management practices (BMP's) during site construction and grading. A standard BMP sheet shall be attached to construction plans submitted for building permit. 8 62. A stormwater pollution prevention permit (SWPPP) shall be obtained from the Department of Public Works. 63. The applicable traffic mitigation fee for 44 new PM peak trips shall be paid at the time of building permit. The fee for the project is estimated at $26,410.00. The fee was calculated based on 17 office trips x the $950.00 current Downtown fee (total $16,150), plus 27 retail trips x 0.4 (60% retail discount) x $950.00 current Downtown fee (total $10,260.00). The final fee amount shall be verified at the time of building permit issuance. 64. Any proposed change of the retail/office use mix shall be subject to approval by the City Traffic Engineer. 65. Oversize construction vehicles shall obtain a permit from the Department of Public Works to establish designated haul routes and limit hauling activities outside of peak hours. Fire Department 66. No Parking Fire Lane signs and curb markings shall be installed for all access roadways, parking lots, and driveways as specified by the Fire Marshal (Conforming to Fire Prevention Standard 204). 67. A Fire Department approved Knox Keyway System shall be installed (conforming to Fire Prevention Standard 202). 68. Addresses shall be posted (conforming to Fire Prevention Standard 205). 69. Based on Uniform Building Code or Fire Code requirements, an automatic fire sprinkler system shall be installed throughout, conforming to NFPA Standard 13. 70. The alarms from fire detection systems and commercial fire sprinkler systems shall be monitored by a UL Central Station Company approved by the San Rafael Fire Department and be issued a UL serially numbered certificate for Central Fire Station Alarms. 71. A permit application shall be submitted to the Fire Prevention Bureau with two sets of plans for review prior to installation of automatic and fixed fire extinguishing and detection systems. Specification sheets for each type of device shall also be submitted for review. 72. Prior to construction, any remaining underground fuel storage tanks shall be grouted in-place, if not already grouted. If removed, a permit shall be obtained. 73. Prior to construction, a permit shall be obtained for removal if a waste oil separator and/or underground waste oil storage tank are found in the service bays of the 171 Third Street building. Police Department (Address) 74. The street numbers shall be displayed in a prominent location on the street side of the property in such a position that the number is easily visible to approaching emergency vehicles. The numbers shall be no less than 12 -inches in height and shall be of contrasting color to the background to which they are attached. The address numbers shall be illuminated during darkness. 75. Each individual unit within the complex shall display prominent identification number not less than 6 inches in height, which is easily visible to approaching vehicular or pedestrian traffic. 76. The street address and any internal complex addresses shall be in sequence with the numerical order of the street/building. D (Exterior Lighting) 77. All exterior lighting shall be sufficient to establish a sense of well-being to the pedestrian and sufficient to facilitate recognition of persons at a reasonable distance. Type and placement of lighting shall be to the satisfaction of the Police Department, Crime Prevention Officer. 78. All exterior lighting shall be vandal resistant. 79. All exterior lighting shall be on master photoelectric cell set to operate during hours of darkness. 80. The minimum of one foot-candle (lfc) at ground level overlap shall be provided in all exterior doorways and vehicle parking areas. 81. The minimum of one-half foot-candle (1/2fc) at ground level overlap shall be provided on outdoor pedestrian walkways. 82. Lights inside any proposed 24 hour use areas shall remain lighted during hours of darkness. (Exterior Fixtures) 83. Exposed roof vents and ducts shall be grated or constructed of an impact resistant material to the satisfaction of the Police Department. Skylights shall be secured and hatch openings shall be burglary resistant. Glazing shall be of a burglary resistant glass or glass -like material. (Exterior Doors) 84. All exterior man doors shall be of solid core construction with a minimum thickness of one and three fourths inches (1-3/4") or with panels not less than nine sixteenth inches (9/16") thick. 85. Both locking mechanisms shall be interconnected so that both may be disengaged by turning the doorknob from inside. 86. Metal framed glass doors shall be set in metal door jambs. 87. Metal framed glass doors shall have a dead bolt lock with a cylinder guard and a hardened steel throw that is a minimum of one inch long. 88. Exterior jambs for doors shall be so constructed or protected so as to prevent violation of the function of the strike plate from the outside. The strike plate shall be secured to the jamb by a minimum of two screws which must penetrate at least two inches into the solid backing beyond the jamb. 89. Delivery doors shall have a door viewer that provides a minimum of 180 degrees peripheral vision. 90. Exterior doors that swing outward shall have non -removal hinge pins. 91. In -swinging exterior doors shall have rabbeted jambs. 92. Glass on exterior doors or within 40 inches of an exterior door shall be break resistant glass or glass -like material to the satisfaction of the Police Department. 93. Any glass sliding doors shall have a secondary dead -bolt lock to the satisfaction of the Police Department (Windows) 94. All windows within 12 feet of the ground level shall have a secondary lock mounted to the frame of the window. The secondary lock shall be a bolt lock and shall be no less than 1/8 inch in thickness. The lock shall have a hardened steel throw of 1/2 inch minimum length. 95. Louvered windows shall not be installed within 8 feet of the ground level. 96. Any window within 40 inches of an exterior door shall be stationary and non -removable. 10 (Roof Access) 97. Perimeter walls, fences, trash storage areas, etc., shall be built to prevent access to the roof or balconies. 98. Permanently fixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of 10 feet. This covering shall be locked against the ladder with a case hardened hasp secured with non -removable screws or bolts. If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and have a minimum of 5 pin tumbler operation. (Landscaping) 99. Barrier or thorny plants may be added to those locations desired by applicant to deter access to windows or other areas. A list of barrier plants is available from the SRPD Crime Prevention Office at (415) 485-3114. 100. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture. Future growth of landscaping must be considered. Applicant is cautioned to beware of creating a haven for homeless or transient trespassers. (Street Access - - Parking - Location) 101. Signs shall be posted and driveways/curbs/parking areas shall be painted red which have emergency access lanes. 102. The building shall be designed to be radio friendly so that Police and Fire Department portable radios can transmit and receive while personnel are in the buildings. 103. The building shall be wired for alarm systems. 104. Any alternate materials or methods of construction shall be reviewed with the Crime Prevention Officer before installation. 105. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to occupancy. Use Permit — 201 Third Street Parking Lot UP (01-32) 1. This Use Permit (UP 01-32) approves a parking lot use at 201 Third Street, as portrayed on the project Site Plan sheet A0.1 stamped received July 16, 2001, to provide a minimum of 60 parking spaces reserved for lease by Montecito Shopping Center (located at 209 through 475 Third Street) to satisfy the center's overflow parking requirements, including the requirements of ED 87-98 and amendments. Additional parking may be provided over and above the minimum 60 spaces, as feasible. The applicant may request amendments to this Use Permit, as provided by the City of San Rafael Zoning Ordinance. 2. Prior to issuance of any building permits, applicants shall submit for City Attorney approval a fully executed lease for a minimum 15 year term between Montecito Shopping Center (209 - 475 Third Street) and 201 Third Street owners providing exclusive parking, for a minimum of 60 vehicles, for use of Montecito Shopping Center (MSC). The lease shall expressly limit the use of the leased property to parking for MSC and shall contain language that any modification of the term or termination of the lease earlier than expiration of a 15 year term shall require written consent of the City. 3. Prior to termination of the lease agreement, Montecito Shopping Center shall take the steps necessary to ensure the overflow parking requirements established for Montecito 11 Shopping Center under ED 87-98 and subsequent project approvals and amendments granted to the site, are addressed. 4. The Use Permit shall be subject to the design approvals granted for the site under ED 00- 44. The lease agreement shall be executed prior to occupancy of the development proposed at 171-181 Third Street. 5. The final parking and site improvement plan shall be submitted for review and approval by the Community Development Department, Planning Division. 6. The Use Permit approval shall be valid concurrent with ED 00-44 and shall be null and void unless inaugurated prior to the expiration date of ED 00-44. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held Monday, the sixth of August, 2001, by the following vote, to wit: AYES: Councilmembers: Heller, Miller, Phillips and Mayor 8oro NOES: Councilmembers: done ABSENT: Councilmembers: Cohen 12 JE 'E M. LEON-CN,I, City Clerk