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:
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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