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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, -'- K �Cl�;l ��s, 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 _2_ Xi - 4e-v�-' 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. -2- 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. - 3 - 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. -5- 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. -7-