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HomeMy WebLinkAboutCC Resolution 9943 (Shoreline Center)RESOLUTION #9943 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE AMENDMENT TO MASTER USE PERMIT (UP91-36(b)) TO ALLOW FOOD AND BEVERAGE SERVICE ESTABLISHMENTS AND RECREATIONAL FACILITIES AS TEMPORARY USES, AND A USE PERMIT (UP97-40) AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED97-73) FOR THE DEVELOPMENT OF A 56 TEE GOLF DRIVING RANGE AT SHORELINE CENTER; 1615 East Francisco Boulevard; (APN 9-302-40 through 45) WHEREAS, on August 6, 1997, applications requesting an amendment to the Master Use Permit for the Shoreline Center to allow food and beverage service establishments and recreational facilities and a Use Permit and Environmental and Design Review Permit for a golf driving range located at the Shoreline Center were found by the Community Development Department to be complete for processing; and, WHEREAS, on October 14, 1997 the San Rafael Planning Commission held a duly noticed Public Hearing on the proposed Master Use Permit Amendment, Use Permit and Environmental and Design Review Permit applications, accepting public testimony and the written report of the Planning Department staff and recommended approval of the project as a temporary use to the City Council; and, WHEREAS, on October 20, 1997 the San Rafael City Council held a duly noticed Public Hearing on the proposed Master Use Permit Amendment, Use Permit 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, P L� • ���, � �t 9 tq�`' a�3 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 (PD 1718 )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 as a temporary/interim use; and, recreational facilities as a temporary/interim use, and, 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 -2, Reasonable Interim Use of Property; LU -13g, Commercial and Industrial Land Use Categories; LU -14, Intensity of Commercial and Industrial Development; LU -19, Design Approach; LU -22, Bay and Hillside Views; LU -24, Entryways to the City; LU -35, Project Design Considerations; and, LU -36, Additional Community Design Map Considerations: Circulation Policies C-2, Level of Service D Mid Point; C - 3, Timing of Development with Transportation Improvements; C-4, Trip Allocations; and, C-18, Area Transportation Improvement Programs: Recreation Policy R-11, Relationship to Private Enterprise: Natural Environment Policies R-11, Relationship to Private Enterprise; and, NE -19, Threatened and Endangered Species; Safety Policy S-23, Safety Review of Development Projects: East San Rafael Policies Policy ESR -2, Timing of Development; ESR -36, Waterfront Design and Access; ESR -44, Traffic Allocations for Development; ESR -45, Residential Density and Commercial Intensity; and, ESR -64, Environmental Resources: and, Canal, Bayfront and Marin Island Policies CB -11, Views, and CB -13, Views to the Water; 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 -2- because the proposed amendment to the Master Use Permit and the driving range 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; Section 14.16.150, Floor Area Ratios Applicable to Nonresidential Development; Section 14.18.040, Parking Requirements; Section 14.18.160, Parking Lot Screening and Landscaping; and, Section 14.25.040, Improvements Subject to Review; 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: LU -19, Design Approach; LU -22, Bay and Hillside Views; LU -24, Entryways toe the City; LU -35, Project Design Criteria; and, LU -36, Additional Community Design Map Considerations, Bay Frontage: and, the Review Criteria for Design Review Permits contained in Section 14.25.050 of the Zoning Ordinance; 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 project has been reviewed by the Design Review Board who stated that the building and tees are well designed and the lighting is directed down and toward the center of the driving range. The project parking has been reviewed by the Public Works Department and found to be adequate and the setbacks contained in the Planned Development District have been met; 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 including the California Department of Fish and Game, who stated that the driving range fence nets and lighting have been designed to reduce potential impacts on the adjacent wildlife and wetlands; and, - 3 - 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 reviewed 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, Use Permit and Environmental and Design Review Permit for Shoreline Center located at 1615 East Francisco Boulevard. 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 Mondav the 20`h day of October, 1997 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEA&S E M. LEONCINI, City Clerk