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HomeMy WebLinkAboutCC Resolution 7981 (Merrydale Rd. McDonalds)RESOLUTION NO. 7981 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DENYING AN APPEAL, UPHOLDING THE PLANNING COMMISSION'S ACTION TO CONDITIONALLY APPROVE, AND FURTHER TO MODIFY CONDITIONS OF APPROVAL AS ADOPTED BY THE PLANNING COMMISSION FOR USE PERMIT (UP87-113) AND ENVIRONMENTAL DESIGN REVIEW PERMIT (ED87-132): APPLICATIONS FOR A PROPOSED 4,080 SQ. FT. FAST FOOD RESTAURANT WITH DRIVE-THROUGH SERVICE AT 170 MERRYDALE ROAD (McDONALD'S) WHEREAS, on August 18, 1988, the subject applications were determined by the City to be complete for processing; and WHEREAS, an initial environmental study was prepared in accordance with the California Environmental Quality Act to assess potential environmental impacts of the proposed project; and WHEREAS, on March 14, 1989, the Planning Commission of the City of San Rafael held a duly noticedpublic hearing, accepting staff's report and public testimony on the proposals; and WHEREAS, on March 14, 1989, the San Rafael Planning Commission voted to certify a negative declaration and conditionally approved UP87-113 and ED87-132; and WHEREAS, on March 21, 1989, an appeal of the Commission's action on UP87-113 and ED87-132 was submitted to the City; and WHEREAS, on May 15, 1989, the appeal was considered by the City Council of the City of San Rafael at a duly noticed public hearing; and WHEREAS, the City Council received public testimony and considered information provided by staff. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council hereby denies the appeal by the Rafael Homeowners Association and upholds the Planning Commission action conditionally approving UP87-113 and ED87-132. BE IT FURTHER RESOLVED that the City Council of San Rafael hereby modifies the adopted conditions of approval of UP87-113 to amend conditions (a) and (b) to read as follows: (a) This use permit approves a 4,080 sq. ft. fast food restaurant with 84 interior seats and drive-through service with stacking for 12 vehicles. Hours of operation for the restaurant shall be limited to 6 a.m. to 11 p.m. Any future additions or any other modifications to the approved project may be approved only by an amendment to this use permit. (b) The applicant shall pay $153,532.00 to the City in traffic mitigation fees prior to the issuance of building permits. This figure is based upon a per trip fee of $2,429.20 with a 60% reduction in the total amount as permitted for retail uses under the General Plan. This fee shall be applied towards the construction of the following roadway improvements: -1- i 1) Widening Merrydale Road to three lanes (two northbound and one southbound) from the Highway 101 ramp to north San Pedro Road retaining the existing shoulder/bus turnout on the east side of the street. 2) Widening North San Pedro Road to four lanes (three westbound and one eastbound) from Merrydale Road to the 101 underpass, with additional lanes to be provided along the north side of the existing pavement. 3) Widening Merrydale Road/North San Pedro Road intersections to incorporate three westbound lanes including an exclusive right turn lane, and a shared through/left-hand lane. No widening shall be required of the other three approaches to the intersection. 4) The installation of off-site signing as determined appropriate by the City Traffic Engineer. Said signing shall contain information such as "no outlet" to discourage errant drivers from entering the Rafael Meadows Subdivision. The estimated cost of these improvements is $110,000. The applicant shall pay the difference between this amount and assessed traffic mitigation fees ($153,525) to the City as traffic mitigation fees to be used in conjunction with fees from other development projects to pay for area -wide roadway improvements identified in the Northgate Activity Center Plan. Prior to the issuance of a building permit and the payment of such fees, the City Traffic Engineer shall assess the possible need for control devices at the Merrydale Road/Willow Avenue intersection. Should it be determined that such devices are necessary as a result of traffic created by the proposed McDonald's Restaurant, any excess fee amount shall be applied towards the installation of such traffic control devices. If the cost of the above improvements is greater than or equal to $153,525, the applicant shall pay the full construction costs, but will not be required to pay any additional traffic mitigation fees. The applicant shall design and construct required roadway improvements to the satisfaction of the City Engineer and Traffic Engineer. All improvements shall be installed prior to the initiation of the restaurant use. BE IT FURTHER RESOLVED that the City Council of San Rafael hereby modifies the conditions of approval for ED87-132 as adopted by the Planning Commission to amend condition (pp) and to add conditions (bbb) and (ccc) as follows: (pp) The project shall be constructed as shown on the plans dated December 6, 1988, and displayed to the Planning Commission meeting of March 14, 1989, as Exhibits 1, 2, 3, and 4 with the following modification: Exhibit 1 (site plan) shall be modified so as to provide a secondary means of exiting the proposed drive-through aisle while minimizing any related loss of parking. Further, the site plan shall be modified to provide parking for larger vehicles such as motor homes and vehicles with trailers. (bbb) The applicant shall coordinate with the San Rafael Meadows Improvement Association and the City staff to develop signing, landscaping, or other improvement features to be located at the entrance(s) to the San Rafael Meadows Subdivision. Said improvements shall be designed and located so as to provide identification for and a sense of entry to the San Rafael Meadows Subdivision. Plans for all such improvements shall be completed and submitted to the City prior to issuance of a building permit. Should it not be possible to complete any such required improvements prior to the issuance of a Certificate of Occupancy for the proposed restaurant, the posting of a bond in an amount sufficient to cover estimated costs for such completion will be required by the City. (ccc) The applicant shall provide appropriate signing on the site directing McDonald's customers and Sizzler's customers to the parking areas associated with each restaurant. Additionally, signing to inform customers of the appropriate route to Highway 101 shall be provided. Plans for all such required signing shall be submitted to the City prior to the issuance of a building permit. Such signing is subject to review SPAM and approval by the City Traffic Engineer and the Planning Department. All required signing shall be in place as approved prior to the commencement of the proposed use. BE IT FURTHER RESOLVED that the City Council of San Rafael hereby denies the appeal, upholds the Planning Commission action and amends adopted conditions of approval for use permit (UP87-113) and environmental design review permit (ED87-132) based upon the following findings: UP87-113 1. The proposed restaurant use is consistent with the General Plan land use designation of General Commercial. The General Plan identifies restaurant uses as being appropriate in the General Commercial District. 2. The proposed project is within the applicable .30 floor area ratio limit of the General Plan. Based upon the approximate 39,000 sq. ft. area of the subject site and the proposed 4,080 sq. ft. restaurant building floor area ratio of the project would be .10. 3. As conditioned, the proposed project will not be detrimental to the health, safety, or general welfare of the surrounding community or the City of San Rafael as a whole. Improvements to nearby intersections affected by traffic to be generated by this project insure that these intersections will continue to function at existing levels of service. These improvements are required as conditions of project approval and must be completed prior to the initiation of the proposed restaurant use. Further, pedestrian safety in the vicinity will be improved through the installation of a sidewalk near the project. The installation of said sidewalk is a condition of project approval and must be completed prior to initiation of the proposed restaurant use. Parking requirements of the City have been met or exceeded. Conditions of approval will require periodic collection of litter associated with the restaurant use in order to address possible aesthetic impacts associated with this project. ED87-132 1. The design of the proposed project is consistent with established policies for design review. Project design, materials, and colors have been developed to result in an aesthetically pleasing fast food restaurant which will blend with and improve upon the design of other development in the immediate vicinity. The project has been favorably reviewed by the City's Design Review Board. 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 Council of said City on Monday , the Fifth day of June , 1989, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Frugoli J M. LEONCI 1, City Clerk