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HomeMy WebLinkAboutCC Resolution 10217 (Shoreline Center)RESOLUTION 10217 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE AMENDMENT TO MASTER USE PERMIT (UP97-59) TO PERMIT RETAIL USES ON PARCELS 5 & 6 AND TO PERMIT FOOD AND BEVERAGE SERVICE ESTABLISHMENTS AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED97-131) FOR THE DEVELOPMENT OF A NEW AUTOMOBILE DEALERSHIP; AT SHORELINE CENTER; 1615 East Francisco Boulevard; (APN 9-302-40 through 45) WHEREAS, on January 2, 1998, applications requesting an amendment to the Master Use Permit for the Shoreline Center to allow retail uses on parcels 5 & 6 and to allow food and beverage service establishments and an Environmental and Design Review Permit for a new automobile dealership located at the Shoreline Center were found by the Community Development Department to be complete for processing; and, WHEREAS, on April 28, 1998 the San Rafael Planning Commission held a duly noticed Public Hearing on the proposed Master Use Permit Amendment and Environmental and Design Review Permit applications, accepting public testimony and the written report of the Community Development Department staff and recommended approval of the project as a temporary use to the City Council; and, WHEREAS, on May 18, 1998 the San Rafael City Council held a duly noticed Public Hearing on the proposed Master Use Permit Amendment and Environmental and Design Review Permit applications, accepting public testimony and the written report of the Community Development Department; and, WHEREAS, the City Council reviewed and considered the proposed environmental document, public testimony and staff reports and has adopted by separate resolution the Mitigated Negative Declaration, including the Mitigation Monitoring Program for the project; and, WHEREAS, the City Council reviewed and considered public testimony and the staff reports on the Zone Change and has passed an Ordinance to print designating the site as Planned Development (PD1 726 ) District permitting the following uses: light industrial; research and development; office; retail sales of home improvement goods and supplies; specialty retail; motor vehicle sales and services; warehousing, storage and distribution; ancillary employee serving restaurants and service businesses; contractor storage yards; food and beverage service establishments; and, recreational facilities as a temporary/interim use, and, 9 � bV A 1-\A � 11 R 1 n 'I ,I y WHEREAS, the City Council determined that the proposed use is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purpose of the district in which it is located because the project, as conditioned, is consistent with the goals and policies of the General Plan 2000 including Policies: Land Use Policies LU -13g, Commercial and Industrial Land Use Categories; and, LU -14, Intensity of Commercial and Industrial Development: Circulation Policies C-2, Level of Service D Mid Point; C-3, Timing of Development with Transportation Improvements; and, C-4, Trip Allocations: East San Rafael Policies ESR -44, Traffic Allocations for Development; and, ESR -45, Residential Density and Commercial Intensity; and, WHEREAS, the City Council determined that 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 because the proposed amendment to the Master Use Permit and the new automobile dealership have been reviewed by the appropriate agencies and conditioned accordingly; and, WHEREAS, the City Council determined that the proposed use complies with each applicable provision of the Zoning Ordinance including Sections: Section 14.02.020J, Multiple Development Permit Applications; and, Section 14.16.150, Floor Area Ratios Applicable to Nonresidential Development; and, WHEREAS, the City Council determined that the project is designed in accord with the General Plan and the objectives of the Zoning Ordinance including the following General Plan Land Use Design Policies: Land Use Design Policies LU -19, Design Approach; LU -21, Building Height; LU -22, Bay and Hillside Views; LU -24, Entryways to the City; LU -30, Street Tree Planting; and, LU -35, Project Design Considerations, because the Design Review Board has reviewed the proposed new BMW dealership project and recommends that the project is well designed and it harmonizes with the existing Home Depot building. In addition, the project is incorporating street trees, the building is a maximum of 24 ft. in height, and it does not block views of the bay; and, WHEREAS, the City Council determined that the project design is consistent with all applicable site, architecture, and landscaping design criteria and guidelines for the district in which the site is located because the proposed BMW dealership is consistent with the permitted floor area ratio, setbacks, landscape buffers, height, and parking requirements of the Shoreline Center Planned District. In addition, the Design Review Board reviewed the design of the proposed BMW building for consistency with the design guidelines contained in the Shoreline Center Planned District and recommended approval of the design; and, WHEREAS, the City Council determined that the project design minimizes adverse environmental impacts because the project has been reviewed by the City's Design Review Board and other appropriate agencies and is providing adequate setbacks and parking the exterior lighting of the display and parking areas has been reviewed to ensure that the light does not spill onto adjacent properties; and, WHEREAS, the City Council determined that the project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity because the project has been review by the appropriate agencies and has been modified through design changes or conditions of approval. NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council finds there is no substantial evidence in the record showing that the project could have a significant detrimental impact upon the neighborhood and approves the Master Use Permit Amendment and the Environmental and Design Review Permit for a new automobile dealership for Shoreline Center located at 1615 East Francisco Boulevard with the conditions attached in Exhibit "A. 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 of said City held on Monday the 18th day of May , 1998 by the following vote, to wit: AYES: COUNCILMEMBERS: COHEN, HELLER, PHILLIPS AND MAYOR BORO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MILLER JE . LEONCINI; City Clerk -3- EXHIBIT "A" CONDITIONS OF APPROVAL Mitigation Measures 1. Grease trap catch basins shall be installed in the parking areas of the BMW dealership. 2. The BMW project shall pay traffic mitigation fees of $98,940.00. This fee is based on the net increase of 102 new PM peak hour trips at a rate of $2425.00/trip, with the recognition of the sales tax benefit as stated in the Traffic Mitigation Fee Resolution which calculates the traffic mitigation fee at 40% of the PM peak hour trips (102 x 40% x $2425.00). This fee is based on 1993 dollars and may be adjusted by the Lee Saylor Construction Cost Index as needed. 3. Prior to the issuance of a grading permit, the BMW project applicant shall submit an application for the City's Priority Projects Procedure (PPP) and receive approval from the City Council Priority status. 4. The Shoreline Center and the BMW project shall provide the necessary rights of way for the construction of roadway and signalization improvements by the City. It is estimated that approximately 750 sq. ft. of right of way along East Francisco Blvd. is to be provided by the BMW project and approximately 1,500 sq. ft. of right of way along East Francisco Blvd. is to be provided by the Shoreline Center. The exact right of way needs will be determined upon completion of engineering design, estimated to be finalized by June 1998. The City and applicants shall enter into an agreement regarding the acquisition of the necessary rights of way. Master Use Permit Amendment UP97-59 5. All conditions of the Master Use Permit (UP 91-36) for the Shoreline Center approved by the City Council on September 8, 1993 shall apply. 6. The Master Use Permit is amended to permit: food and beverage service establishments other than ancillary employee servicing restaurants and retail uses on parcels 5 and 6 approved by the Planning Commission consistent with PM peak hour trip allocations to the site and floor area ratios contained in the Planned Development District. 7. The Shoreline Center project shall provide the necessary rights of way for the construction of roadway and signalization improvements by the City. It is estimated that approximately 1,500 sq. ft. of right of way along East Francisco Blvd. is to be provided by the Shoreline Center. The exact right of way needs will be determined upon completion of engineering design, estimated to be finalized by June 1998. The City and applicants shall enter into an agreement regarding the acquisition of the necessary rights of way. Environmental and Design Review Permit ED97-131 Police Department 8. 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 4" in height and shall be of a contrasting color to the background to which they are attached. The address numbers shall be illuminated during darkness. 9. The address shall be in a sequence with the numerical order of the rest of the street/building. 10. All exterior lighting shall be sufficient to establish a sense of well being to the pedestrian and one that is sufficient to facilitate recognition of persons at a reasonable distance. Type and placement of lighting shall be to the satisfaction of the Police Department. 11. All garden and exterior lighting shall be vandal resistant. 12. All exterior lighting shall be on a master photoelectric cell set to operate during hours of darkness. 13. The minimum of one foot-candle at ground level overlap shall be provided in all exterior doorways and vehicle parking areas. 14. A minimum of one-half foot-candle at ground level overlap shall be provided on outdoor pedestrian walkways. 15. Exposed roof vents and ducts of sufficient size to permit adult, human entry 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. 16. Perimeter walls, fences, trash storage areas, etc., shall be built to limit if not in fact prevent access to the roof or balconies. 17. All exterior doors shall be of solid core construction with a minimum thickness of one and three- fourths (1-3/4") inches or with panels not less than nine -sixteenths (9/16") inches thick. 18. Metal -framed glass doors shall be set in metal door jambs. 19. Glass sliding doors shall have a secondary type locking device to the satisfaction of the Police Department. The secondary lock shall be a dead -bolt lock and shall be no less than one-eighth (1/8") inch in thickness and shall have a minimum hardened steel throw of one-half (1/2") inch. 20. Exterior man doors and doors shall have dead -locking latch device with a minimum throw of one-half (1/2") inch. A secondary lock is required and shall be a dead -bolt lock with a cylinder guard and a hardened steel throw a minimum of one (1 ") inch long. 21. 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 (1 ") inch long. 22. Exterior jambs for doors shall be so constructed or protected so as to prevent violation of the function of the strike plate from outside. The strike plate shall be secured to the jamb by a minimum of two screws which must penetrate into the solid backing beyond the jamb. 23. Exterior doors that swing outward shall have non -removable pins. 24. In -swinging exterior doors shall have rabbeted jambs. 25. Glass on exterior doors or within 40 inches of an exterior door shall be break -resistant or glass -like materials to the satisfaction of the Police Department. 26. Vehicular garage doors shall have either a single locking devise attached near the center of the door designed to bolt into the concrete floor or an interior hasp/lock combination affixed to both sides of the door/door frame. 27. 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 one-eighth (1/8") inch in thickness. The lock shall have a hardened steel throw of one-half (1/2") inch minimum length. 28. Louvered windows shall not be installed within 8 feet of the ground level. 29. Any window in or within 40 inches of an exterior door shall be stationary and non -removable. 30. Permanently fixed ladders leading to roof areas shall be fully enclosed with sheet metal to a height of ten (10) feet. This covering shall be locked against the ladder with a casehardened 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. 31. Barrier or thorny plants may be added to those locations desired by the 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. 32. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture. Future growth of landscaping must be taken into consideration. Applicant is cautioned to beware of creating a haven for homeless or transient trespassers. 33. Post signs and paint driveways/curbs/parking areas red which have emergency access lanes. 34. Any alternative materials or methods of construction shall be reviewed with the Crime Prevention Officer before installation. 35. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to occupancy. 36. Though not required, it is recommended that any new construction be pre -wired for an intrusion alarm system. Fire Department 37. A Fire Department approved Knox keyway system is required to be installed conforming to Fire Prevention Standard 202. 38. Addresses shall be posted conforming to Fire Prevention Standard 205. 39. Fire hydrants may be needed to be installed capable of supplying the required fire flow. The hydrants shall be spaced at 300 feet intervals, spotted by the Fire Marshal and be installed prior to framing. All fire hydrants, if they are needed shall be Jones Model 3740 installed and painted by the developer/owner conforming with Fire Prevention standards. 40. Based on Uniform Building Code or Fire Code requirements, an automatic fire sprinkler system shall be installed throughout conforming to NFPA Standard 13. 41. 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 Station Fire Alarms. -2- 42. A permit application shall be submitted to the Fire Prevention Bureau with two sets of plans for review prior to installation of all automatic and fixed fire extinguishing and detection systems. Specification sheets for each type of device shall also be submitted for review. 43. A hazardous materials permit is required for your business to operate. The Hazardous Materials Business Plan must be submitted on the approved forms provided by the Fire Department and submitted to the Fire Prevention Bureau with the permit application prior to occupancy. 44. A special Fire Department permit is required to be obtained from the Fire Department based on the specific use or conditions created by the type of occupancy. This permit application is required to be submitted and reviewed prior to occupancy. 45. All meetings with, or inspections by, the Fire Department require a minimum 24-hour advance appointment. Public Works Department 46. The BMW project shall provide the necessary rights of way for the construction of roadway and signalization improvements by the City. It is estimated that approximately 750 sq. ft. of right of way along East Francisco Blvd. is to be provided by the BMW project. The exact right of way needs will be determined upon completion of engineering design, estimated to be finalized by June 1998. The City and applicants shall enter into an agreement regarding the acquisition of the necessary rights of way. Community Development Department Land Development 47. An engineered site plan showing all existing and proposed site conditions shall be submitted with the application for a building permit. 48. An encroachment permit shall be required for any work performed in the public right-of-way. 49. A level "B" soils report shall be submitted with the application for a building permit. 50. All earth and foundation work shall be performed under the direction of the project soils engineer and a final construction report shall be submitted prior to approval of a final inspection. 51. Grading, drainage, and foundation plans shall be reviewed and approved by the project soils engineer. 52. The final finished floor elevation shall be at elevation +7.0(MSL) after 30 years settlement. Certification of this elevation by a registered surveyor shall be submitted prior to building occupancy. 53. An erosion control plan shall be submitted showing how erosion will be controlled during and after construction. The erosion control plan shall be consistent with "Best Management Practices" and conform to the requirements of the Regional Water Quality Control Board. 54. The improvement plans shall show all existing and proposed drainage facilities. 55. The gradient of all storm drain systems shall be designed to accommodate predicted settlements. 56. Runoff from improved areas shall be collected and conveyed to the street by underground conduit and/or sidewalk underdrains. Drainage shall not be diverted or concentrated onto adjoining properties or over sidewalks and driveways. 57. The improvement plans shall show all existing and proposed sanitary sewer facilities. 58. The gradient of all gravity sanitary sewer systems shall be designed to accommodate predicted settlements. 59. The improvement plans shall show all existing and proposed frontage improvements. 60. Standard driveway connections shall be constructed on the frontage. 61. All frontage improvements shall be in accordance with the 'Uniform Standards of the Cities and County of Marin". 62. Any existing curb, gutter, or sidewalk damaged during construction shall be replaced to the satisfaction of the City Engineer. 63. All utilities shall be underground. 64. A report outlining mitigation measures for methane gas at this site shall be submitted with the application for a building permit. 65. Prior to issuance of a permit by the City the applicant shall gain the approval of the County of Marin Department of Environmental Health and the California Department of Integrated Waste Management. 66. Any damage to the City's maintenance road adjacent to the project shall be repaired to the satisfaction of the City Engineer. -3- Planning Division 67. This Environmental and Design Review Permit approves the design of a 30,600 sq. ft. automobile dealership building located on Parcel 3 of the Shoreline Center. The building techniques, materials, elevations and appearance of this project as presented for approval as shown on the following plans: Landscape Plan, Sheet 1, Brian Powell Associates Landscape Architects, 3-28-98; Sonnen BMW Ground Floor Plan, Sheet 2, TWM Architects, 12-1-97; Sonnen BMW, Upper Floor, Sheet 3, TWM Architects, 12-1-97; Sonnen BMW Exterior Elevations, Sheet 4, TWM Architects, 12-1-97; Sonnen BMW Preliminary Grading, Drainage and Utility Plan, Sheet C1, CWS/Stuber-Stroeh, December 1997; Sonnen BMW Freestanding Sign, TWM Architects, April 1998, and shall be the same as required for the issuance of a building permit. Any future additions, expansions, remodeling, etc., shall be subject to review by the Design Review Board and approval of the Zoning Administrator. 68. Prior to issuance of a building permit, the applicant is to comply with conditions of the Marin Municipal Water District to obtain water service to the new building. 69. All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances not entirely enclosed within the structure (on side of building or roof) shall be screened from public view. The method used to accomplish the screening shall be indicated on the building plans and approved by the Planning Department prior to issuance of a building permit. 70. All landscape plans shall meet the requirements of the Marin Municipal Water District (MMWD). The plans shall be submitted to MMWD for review and approval. 71. A two year landscaping bond shall be posted, or other agreeable method, to insure that all landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris for a period of two years. 72. All landscaping shall be installed prior to the occupancy of the building or the property owner shall post a bond in the amount of the estimated landscaping cost with the City of San Rafael. 73. After the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 30 day lighting level review by the Planning Department staff to insure compatibility with the surrounding area. 74. Grease trap catch basins shall be installed in the parking areas of the BMW dealership. 75. The BMW project shall pay traffic mitigation fees of $98,940.00. This fee is based on the net increase of 102 new PM peak hour trips at a rate of $2425.00/trip, with the recognition of the sales tax benefit as stated in the Traffic Mitigation Fee Resolution which calculates the traffic mitigation fee at 40% of the PM peak hour trips (102 x 40% x $2425.00). This fee is based on 1993 dollars and may be adjusted by the Lee Saylor Construction Cost Index as needed. 76. Prior to the issuance of a grading permit, the BMW project applicant shall submit an application for the City's Priority Projects Procedure (PPP) and receive approval of Priority status from the City Council. 77. The landscape buffer adjacent to the northern side of parcel 3 shall be approximately 5' to 10' from the top of the bank, with a solid 5 -foot high fence located on the inboard side of this buffer area, and shall include landscaping north to the City -owned access road. 78. California native plants with upland habitat values shall be used in landscaping all perimeter areas upslope of marsh habitat. Upland vegetation shall be established in zones that blend with natural plant communities and are compatible with the Enhancement Plan objectives. 79. Measures specified in the Marsh Monitoring Program prepared by WESCO, dated November 30, 1994 shall be followed by new BMW project. The purpose of the program is to make quantitative observations on the condition of the marsh located to the north of the project site and if a problem is noted, corrective action shall be taken. Potential problems include litter/trash removal, trampling of native/habitat vegetation, and incidental recreational uses occurring in the marsh areas. Corrective measures include posting signs, erecting barrier fencing, reseed/replant vegetation as needed, provide additional trash receptacles, and instituting a regular maintenance schedule for trash pick up. 80. This design review approval is valid for a period of two years or until April 28, 2000, and shall be null and void unless a building permit has been issued or a time extension has been applied for. -4-