HomeMy WebLinkAboutCC Resolution 9951 (Shoreline Center Master Use Permit)RESOLUTION #9951
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING
THE AMENDED CONDITIONS OF APPROVAL FOR AN
AMENDMENT TO THE SHORELINE CENTER MASTER USE
PERMIT (UP91-36(b)) TO ALLOW FOOD AND BEVERAGE
SERVICE ESTABLISHMENTS AND RECREATIONAL FACILITIES
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 October 20, 1997 the San Rafael City Council held a duly noticed Public
Hearing on 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, accepting public
testimony and the written report of the Community Development Department; and,
WHEREAS, the City Council approved the amendment to the Master Use Permit and the Use
Permit and Environmental and Design Review Permit for the project with condition No. 61 to be
deleted, condition No. 69 to be revised and condition No. 79 to be revised and brought back
before the Council; and,
WHEREAS, the City Council directed staff to work with the California Department of Fish and
Game, Marin Conservation League and the applicant in revising Use Permit (UP97-40) condition
No. 79 regarding the installation of habitat vegetation in the buffer areas; and,
WHEREAS, the California Department of Fish and Game, Marin Conservation League and staff
met on October 27, 1997 and developed wording for condition No. 79; and,
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WHEREAS, on November 3, 1997 the San Rafael City Council continued discussion of
condition of approval No. 79, accepting public comments and the written report of the
Community Development Department; and,
WHEREAS, the City Council determined that the wording of condition of approval No. 79
addresses the concerns raised by the applicant, Marin Conservation League and the City Council.
NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council approves
condition No. 79 as shown on the attached Exhibit "A", Conditions of Approval for the Master
Use Permit Amendment (UP91-36(b)), Environmental and Design Review Permit (ED97-73)
and Use Permit (UP97-40) for the development of a 56 tee driving range at Shoreline Center.
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 reLrular meeting of the City
Council of said City held on Mondav the Yd day of November, 1997 by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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JE . LEONCINI, City Clerk
EXHIBIT "A"
CONDITIONS OF APPROVAL (as modified by the City Council)
Mitigation Measures
1. Prior to the construction, a management plan should be developed for the maintenance and
operation of the facility. The plan should utilize an "integrated pest management" approach
which is the integration of pest and environmental information to develop a program for
economically and safely controlling pest growth and provides direction to take preventive and
solution approach rather than treating the symptoms as they occur. The plan shall be
implemented upon completion of the driving range and shall be followed throughout the life
of the driving range.
2. Install low-level flood lights on the net poles that would be shielded on three sides and
illuminate the netting material to increase visibility of the nets at night, thereby reducing the
probability that birds would hit the nets. The level of illumination should be bright enough
so that the nets could be seen by normal human eyesight at a distance of about 100 feet.
Lighting on the nets should significantly reduce the risk of birds becoming entangled during
night. In addition, maintaining good tension on the ball netting will prevent the netting from
bagging, and will significantly reduce the risk of birds becoming entangled.
3. Install ball net fencing between the ball -net 60' high baffles on all sets of baffles but the
northern most pair. These baffles would be left open to allow small mammals and deer an
escape pathway off the driving range. The cross fencing would also serve to prevent debris
and pedestrians from entering the fairway. A small post and cable fence could be installed
outside of open fencing on the northwest and northeast sides of the site to prevent pedestrians
from entering the fairway area, but would still allow small mammals and deer an easy exit
out of the enclosed range.
4. The lighting proposed for the ball fencing of the driving range shall be put on a solar cell
which automatically turns on at dusk or whenever ambient light levels drop to dusk levels.
5. The temporary use permit shall be valid for a period of seven years. Prior to renewal, an
analysis of bird count data compiled by the Marin Conservation League, shall be evaluated to
determine if the lighting and/or activity has had any impact upon bird use in the surrounding
wetlands. Should Marin Conservation League discontinue compiling bird data, the applicant
shall provide an alternate method of providing the data.
6. A mixture of native grasses/shrubs species shall be hydroseeded outside and away from the
driving range fence area to provide habitat for wildlife and not to encourage wildlife to utilize
areas within the driving range.
Master Use Pennit Amendment UP91-36(b)
7. 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.
8. The Master Use Permit is amended to permit food and beverage service establishments other
than ancillary employee servicing restaurants and parks, playgrounds and recreational
facilities with individual use permits 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.
Environmental and Design Review Permit (ED97-73) for a Golf Driving Range
Police Department
9. 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.
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. 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.
Side garage doors and doors leading from garage areas to private residences or multiple
family dwelling residences are included in this requirement.
17. 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.
18. Exterior doors that swing outward shall have non -removable pins.
19. In -swinging exterior doors shall have rabbeted jambs.
20. 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.
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 (I") inch long.
22. 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.
23. Front doors shall have a front door viewer that provides a minimum of 180 degrees peripheral
vision.
24. Delivery doors shall have a viewer that provides a minimum of 180 degrees peripheral vision.
25. Vehicular garage doors shall have either a single locking device 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.
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26. 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.
27. Louvered windows shall not be installed within 8 feet of the ground level.
28. Any window in or within 40 inches of an exterior door shall be stationary and non -
removable.
29. Perimeter walls, fences, trash storage areas, etc., shall be built to limit if not in fact prevent
access to the roof or balconies.
30. Permanently fixed ladders leading to the roofs 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 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. Though not required, it is recommended that any new construction be pre -wired for an
intrusion alarm system.
35. Any alternative materials or methods of construction shall be reviewed with the Crime
Prevention Officer before installation.
36. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior
to occupancy.
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. Based on Uniform Building Code or Fire Code requirements, an automatic fore sprinkler
system shall be installed throughout conforming to NFPA Standard 13.
40. 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.
41. 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.
Community Development Department
Land Development Division
42. An engineered site improvement plan showing all existing and proposed site conditions shall
be submitted with the application for a building permit.
43. A level `B" soils report must be submitted with the application for building permits.
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44. Grading plans shall show all proposed and existing contours, as well as proposed drainage
improvements.
45. A grading permit will be required.
46. Grading, drainage, and foundation plans shall be reviewed and approved by the project soils
engineer.
47. All earth and foundation work shall be done under the direction of a soils engineer; and a
final report shall be submitted prior to occupancy.
48. No mass grading is to be done from October 15 through April 15 without the approval of the
City Engineer.
49. An erosion control plan shall be submitted for approval by the City Engineer prior to the
issuance of a grading permit.
50. Erosion control plans shall show methods of controlling erosion and siltation during and after
final grading.
51. The site shall be winterized and all erosion control measures shall be installed prior to
October 15. Erosion control measures shall be maintained throughout the winter season.
52. Erosion control measures shall be consistent with the "best management practices " of the
Regional Water Quality Control Board.
53. The final finish floor elevation shall be at elevation +7 NGVD. Certification of this elevation
by a licensed land surveyor or registered engineer is required prior to approval of building
occupancy.
54. The improvement plans shall show all existing and proposed drainage facilities.
55. Runoff from improved areas shall be collected and conveyed to the street, or established
drainage facilities, by underground conduit. Drainage shall not be diverted or concentrated
onto adjoining properties, onto cut and fill slopes, over sidewalk and driveways. Site
improvements shall not obstruct the flow of drainage from other properties.
56. The improvement plans shall show the location of all existing and proposed sanitary
facilities.
57. Any work in the street right-of-way requires an encroachment permit.
58. The improvement plans shall show all existing and proposed utilities.
59. All utility services shall be underground.
60. Parking lot lighting shall be installed. The number, location and type of lights shall be subject
to the approval by the Police, Community Development, and Public Works Departments.
61. Deleted by Council.
62. The geotechnical report shall address the hazard related to the possible presence of methane
gas.
63. Approval of the Environmental Health Department of the County of Marin and the California
Solid Waste Management Board shall be obtained prior to construction.
64. As the proposed temporary use will occupy a portion of the future extension of Shoreline
Parkway it will be necessary to extend the life of the subdivision agreement and related bonds
guaranteeing the future roadway improvements. Prior to the expiration of the current
agreement and bonding they shall be extended for a period of 7 years and the bonding amount
shall be increased by 25% to allow for inflation over the seven year life of the agreement.
Should the driving range still be in operation at the end of the seven year extension a new
agreement and appropriate bonding will be required.
Planning Division
65. This Environmental and Design Review Permit approves the design of a 56 tee golf driving
range with a pro -shop located on parcels 5 and 6 of the Shoreline Center, 1615 East Francisco
Blvd. The building techniques, materials, elevations and appearance of this project as
presented for approval as shown on the following plans: Sheets A-1, Site Plan, dated June 24,
1997; A-2, Floor Plan and Elevations, dated June 24, 1997; A-3, Tee Elevations and
Sections, dated August 27, 1997; and L-1 Landscape Plan, dated June 24, 1997 prepared by
Treffinger, Walz and MacLeod: Sheet Cl Preliminary Grading/Drainage Plan, dated May 30,
1997 prepared by CSW/Stuber-Stroeh; and, Sheets N1 Netting Plan; N2 Netting Details; Ll
Lighting Plan, and L2 Lighting Details prepared by Tanner Consulting Group, dated August
20, 1997, 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.
66. 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.
67. 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.
68. 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.
69. 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 the life of the project.
70. 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.
71. 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. Should the lighting level be modified after a 30 -day review period, a new
30 -day review period shall begin. In addition, should the lighting become unacceptable due
to a change in seasons or weather, modifications shall be required to ensure that lighting does
not impact wildlife habitat and is compatible with surrounding uses.
72. This design review approval is valid concurrently with the Use Permit (UP97-40) for the
driving range. Should the use permit for the driving range not be extended, all improvements
must be removed or an amendment to the permit be submitted.
Use Pennit UP97-40
73. This Use Permit approves a 56 tee driving range and pro -shop located on parcels 5 and 6 of
the Shoreline Center, 1615 East Francisco Blvd.
74. The City's noise ordinance prohibits loud or unusual noises between the hours of 9:00 PM
and 7:00 AM. Construction work associated with the project shall not occur between 9:00
PM and 7:00 AM.
75. The site shall be kept free and clear of litter and trash at all times. Adequate measures shall
be taken for the collection, storage, and removal of garbage, litter or debris from the site to
the satisfaction of the Community Development Department.
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76. The driving range and all sales from the pro shop and restaurant shall be closed between the
hours of 4:00 - 6:00 PM Monday through Friday. Any change in this condition shall require
approval by the Planning Commission.
77. This use permit shall be valid for a period of 7 years from the date the facility begins
operation; however, bird data compiled by Marin Conservation League should be analyzed
throughout this 7 year period to insure that the lighting and/or activity associated with the
driving range is not having a significant impact on the adjacent wetlands or wildlife. The use
permit may be brought up for review by the City at any time should the use not comply with
City regulations and project conditions of approval or should the use become detrimental to
wildlife or the public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity, or the general welfare of the City.
78. Fencing shall be installed from the driving range fencing on the western side to the Home
Depot parcel to prevent human intrusion into the adjacent wetland areas.
79. The driving range use permit shall be approved for a 7 year period beginning from the date
the facility begins operation and the following habitat enhancement shall be required:
• The north and northwest buffer areas including the City owned property above the City
maintenance road shall be hydroseeded with a habitat vegetation mixture containing
bunch grasses and woody plants such as baccharis.
• The areas shall be hydroseeded, under the direction of a biologist, during the rainy season
after a building permit has been issued for the driving range.
• Should a time extension for the driving range be requested at the end of the 7 year period,
the following shall be required.
0 If the time extension is for 7 years or more, the full habitat improvements required in
the Master Plan shall be installed on all sides of parcel 6 and on parcel 5 where the
driving range parking is located.
0 If the time extension is for a less than 7 years the hydroseeded areas on the north and
northwest sides shall be augmented with habitat to meet the full requirements of the
Master Plan and hydroseeding shall be installed on the east side of parcel 6 and on
parcel 5 where the driving range parking is located.
0 If a time extension is requested while a permanent use is in the review process, all
areas which will not be disturbed by the permanent development shall be improved
with the habitat vegetation as required in the Master Plan.
• The areas that are hydroseeded for the temporary use may be removed when permanent
development occurs.
• A report shall be submitted to the City at the end of each rainy season which details the
condition of the hydroseeded areas. The report shall be prepared by a biologist and shall
specify any areas where the hydroseeding has not taken. These areas shall be re-
hydroseeded.
• A bond shall be posted in the amount to cover re-hydroseeding the area twice should the
hydroseeding not succeed the first time.
• It is anticipated that weeds will grow within the areas that have been hydroseeded. The
weeds shall not be mowed as this would destroy the habitat vegetation. As the
hydroseeded plants grow, the weeds will be choked -out.
80. The parking located on parcel 5 is required for the driving range and shall not be used for any
other use. Should this parking cease to exist or be available for the driving range use, an
alternate location for parking shall be provided and approved by the Community
Development Department or the driving range shall be closed.
81. The driving range shall not open before 7:OOAM and shall close no later than 10:00 PM, with
the exception as specified in condition No. 76.
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