HomeMy WebLinkAboutCC Resolution 12479 (Master Use Permit; Northgate Dr.)RESOLUTION NO. 12479
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MASTER USE
PERMIT (UP07-056), ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED07-090) AND
SIGN PROGRAM (SR07-91) FOR RENOVATION TO THE MALL AT NORTHGATE
PROPERTY LOCATED AT 5800 NORTHGATE DRIVE
(APN: 175-060-12, 40, 59, 60 & 61)
WHEREAS, on November 13, 2007, on behalf of Mall at Northgate Associates, owner of
5800 Northgate Drive, and Macerich Property Management Co. representing Mall at Northgate,
Assessor's Parcel Numbers 175-060-12, 40, 59, 60 & 61, Chuck Davis submitted zoning
entitlements to the Community Development Department, along with a Development Agreement
DA07-01, to renovate the Mall at Northgate 44.75 acre site, excluding the southerly 10.4 acre
Sears owned property and structures, and the Mervyns and Macy's department store buildings; and
WHEREAS, upon review of the applications, the project has been determined to be exempt
from the requirements of the California Environmental Quality Act (CEQA) as it qualifies for the
Class 1 Existing Facilities (Section 15301) exemption that allows interior and exterior alterations
of existing structures, which covers the exterior and interior renovation work; Class 2
Replacement or Reconstruction (Section 15302) exemption that allows replacement or
reconstruction of a commercial structure on the same site and of substantially the same size,
purpose and capacity, which applies to the re -construction of the commercial Rite Aid and
Restaurant buildings; and Class 3 (Section 15303) exemption that allows construction of new
small facilities, which applies to the proposed promenade improvement (e.g., frontage
enhancements) through the site; and the exemptions are not subject to any of the "Exceptions"
qualifications in Section 15300.2 of the Guidelines given that the project is not located in a
particularly sensitive environment; and
WHEREAS, on December 18, 2007, January 8, 2008 and February 20, 2008, the San
Rafael Design Review Board held a duly -noticed public hearing on the project, accepting all oral
and written public testimony and the written report of the Community Development Department
staff, evaluated the project and unanimously provided a favorable recommendation for approval of
the project; and
WHEREAS, on March 25, 2008, the San Rafael Planning Commission held a duly -noticed
public hearing on the project, accepting all oral and written public testimony and the written report
of the Community Development Department staff; and
WHEREAS, at its March 25, 2008 meeting the Planning Commission recommended that
staff review the resolution and conditions for the purpose of correcting any inconsistencies or
errors as well as to include revisions discussed at the hearing; and
WHEREAS, at its March 25,2008 meeting the Planning Commission voted unanimously
on a 7-0 vote, all members present, to recommend that the City Council adopt findings as required
pursuant to San Rafael Zoning Code Section 14.22.060 and approve the requested Zoning
Entitlements, subject to conditions; and
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WHEREAS, the City Council, by separate action, has passed an Ordinance approving
Development Agreement No. DA 07-01 allowing the developer to maintain a 0.40 FAR and "build
back" commercial space removed as part of the renovation project, to return to the 773,238 square
feet maximum leasable floor area over a 10 year period, and providing public benefits consisting
of a promenade, design fees, bicycle and pedestrian access and police substation; and
WHEREAS, the City Council makes the following Use Permit findings for UP07-56, as
required pursuant to San Rafael Zoning Code Section 14.22.060:
A. The proposed redevelopment of the retail shopping center use, with no intensification of use
proposed, is in accord with the General Plan 2020, the objectives of the zoning ordinance, and
the purposes of the GC district in which the site is located, based on the analysis in the March
25, 2008 Staff Report to the Planning Commission and April 21, 2008 Staff Report to the City
Council, the attachments and discussion at the public hearings held on this project in that;
a. The shopping center redevelopment, and the existing and proposed mix of uses are
consistent with the General Plan 2020 General Commercial Land Use Designation which
designates the site for commercial use, the project has been evaluated for consistency with
all General Plan policies and based on the analysis of the City contained in staff's reports
to the Commission and Council the project does not conflict with any General Plan 2020
Policies, and the project is consistent with all applicable Policies including;
i. Land Use Element Goals and Policies LU9a (Intensity of Nonresidential Development),
LU -15 (Convenience Shopping), LU -23 (GC Land Use Category), which support and
encourage the renovation and redevelopment of the Northgate Regional shopping
center, as proposed with no intensification or change in use;
ii. Neighborhoods Element Policies NH -14 (Gathering Places and Events), NH -131
(North San Rafael Town Center), NH -132 (Town Center Activities), NH -133 (Mall at
Northgate), N11-134 (Outdoor Gathering Places), NH -136 (Design Excellence), NH
139 (Pedestrian and Bicycle Safety and Accessibility), NH 139a (Promenade and
Other Improvements), NH 140 (Pedestrian Scale), NH 141 (Mall Entrance), NH 141 a
(Improved Entrance to the Mall), NH 159 (North San Rafael Promenade), which
further support the renovation of the center as proposed with enhancements to the site
parking, revised entryways, landscaping, pedestrian pathways, promenade improvement
and enhanced outdoor gathering areas;
iii. Community Design Element Policies CD -10 (Nonresidential Design Guidelines), CD -
17 (Street Furnishings), CD -18 (Landscaping), CD -19 (Lighting), CD -21 (Commercial
Signage),CD-21 (Parking Lot Landscaping), which support the building, parking and
sign upgrades to the appearance of the mall, particularly where this would enhance the
quality of life by providing pleasing and convenient shopping areas, and places for
residents to gather in the community;
iv. Economic Vitality Element Policies EV -4 (Local Economic and Community Impacts),
EV -6 (Shop Locally), EV -13 (Business Areas), EV -14 (Support for Business Areas),
EV -15b (Neighborhood Upgrades), which support renovations to improve the success
and vitality of the mall;
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V. Traffic Element Goal 13 (Mobilityfor All Users), and Policies C-5 (Traffic Level of
Service), C-24 (Connections between Neighborhoods and Activity Centers), C -24a
(North San Rafael Promenade), C -26a (Bicycle Plan Implementation), C-27
(Pedestrian Plan Implementation), which further support the proposed promenade
improvement, and enhanced pedestrian connections, walkways, and convenient bicycle
parking areas that would be provided near the new entryways at the mall;
vi. Infrastructure, Conservation and Air & Water Quality Elements Policies I-8 (Street
Trees), CON -18 (Resource -Efficient Building Design) and AW -8 (Reduce Pollution
from Urban RunofJ), which support the proposed street tree plantings along the
frontage, intent of the owner to incorporate green building practices and techniques in
the renovation and parking lot improvements, and incorporation of stormwater
pollution treatment equipment on the site.
b. The project and use is consistent with the objectives of the Zoning Ordinance in that the
Purposes of the Zoning Ordinance, specified in Chapter 14.01, which are to promote and
protect the public health, safety, peace, comfort and general welfare, will be met by the
proposed design and use in that the project, as designed and conditioned, complies with the
zoning code as further discussed in Finding C below; and each of the specific purposes will
be met as follows:
i. The project implements and promotes the goals and policies of the San Rafael General
Plan 2020, so as to guide and manage future development in the city in accordance with
such plan, as discussed in Finding A.a above;
ii. The renovation and use will foster harmonious and workable relationships among land
uses, in that it continues a permitted and desirable commercial land use in a location
that is deemed suitable for the regional shopping center use, that has been designed to
satisfy and achieve greater conformance with City design standards as discussed further
in Use Permit Finding C as well as the Environmental and Design Review findings
below;
iii. The project reduces negative impacts caused by inappropriate location, use or design of
buildings and improvements in that it would improve existing landscaping and
pedestrian walkways to conform more closely to City standards, and it is intended to
revitalize the shopping center which is appropriately sited consistent with the specific
purpose of the GC district as stated in Finding A.c below, but which is currently under-
performing;
iv. The project protects, strengthens and diversifies the economic base of the city, in that it
is intended to revitalize the mall and increase commercial shopping opportunities at the
mall which is identified in the General Plan as an important retail area of the City;
V. The mall renovation project promotes viable commercial enterprises that provide
diverse employment opportunities for city residents;
vi. The renovation project ensure the adequate provision of light, air, space, fire safety and
privacy between buildings in that buildings will be upgraded to meet current building
and fire codes;
vii. The project will provide adequate, safe and effective off-street parking and loading
facilities in that existing facilities will be upgraded to provide better circulation with
new driveway entries and drive aisles that lead cars more efficiently and directly to
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parking areas, and will include way -finding signage in appropriate locations at main
driveway intersections, and additional loading areas will be provided with new
buildings, such as the proposed relocated Rite Aid drug store building at the northeast
corner of the site;
viii. The project will promote a safe, effective traffic circulation system, and maintain
acceptable local circulation system operating conditions in that it does not intensify the
existing use, and will provide alternative bicycle and walkway paths to encourage
walking, and will improve driveway crossings to reduce potential vehicle and
pedestrian conflicts;
ix. The project will promote design quality in the development in that it includes
renovation of building facades to create more inviting, well articulated and defined, and
pedestrian oriented storefronts along the east, north and west elevations of the mall;
X. The project will preserve and enhance natural resources and key visual features in the
community, including the bay shoreline, canal, wetlands, and hillsides in that the
redevelopment will not affect any of these resources;
xi. The project will protect and conserve the city's existing housing stock in that the
commercial shopping center renovation does not affect housing stock;
xii. The project will promote housing development to meet housing needs, including
affordable housing and special housing needs in that the commercial renovation project
does not trigger the need for additional housing, but will maintain the ability to provide
housing on the site if future development occurs on the property;
xiii. The project coordinates the service demands of new development with the capacities of
existing streets, utilities and public services in that the renovation involves no
intensification of use, but will upgrade its street frontage, storm drainage treatment
facilities and driveway entries into the site to improve circulation;
xiv. The project has provided for effective citizen participation in decision-making in that
the applicant has held 10 community meetings, has been reviewed by the Design
Review Board at three noticed public meetings to receive additional input on the
concept, and noticing has been conducted as required by Chapter 14.29 for all public
hearings, including extending noticing to residents and owners within 1,000 feet of the
site, neighborhood groups in North San Rafael, as well as bicycle and other community
interest groups.
c. The project is consistent with the purposes of the GC district in which the site is located
given that it satisfies Section 14.05.010.I, which states the general commercial district
promotes a full range of retail and service uses in major shopping centers and certain areas
of the city which have freeway and major street access and visibility, and the subject site is
an existing regional shopping mall located on major streets in the North San Rafael
Commercial Center neighborhood.
B. 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 in that:
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a. The renovation to the existing Mall at Northgate involves no intensification of use
therefore is exempt from the California Environmental Quality Act (CEQA) guidelines
pursuant to the CEQA Guidelines, as follows:
i. Class 1 Existing Facilities (Section 15301) exemption allows interior and exterior
alterations of existing structures, which covers the exterior and interior renovation
work;
ii. Class 2 Replacement or Reconstruction (Section 15302) exempts replacement or
reconstruction of a commercial structure on the same site and of substantially the same
size, purpose and capacity, which applies to the Rite Aid and Restaurant Pad buildings;
and
iii. Class 3 (Section 15303) exempts construction of new small facilities, which applies to
the proposed promenade improvement (e.g., frontage enhancements) through the site as
well as minor utilities and infrastructure upgrades that are required to serve the building
and meet current standards.
iv. Furthermore, the exemptions are not subject to any of the "Exceptions" qualifications
in Section 15300.2 of the guidelines, which would preclude use of the above
exemptions, given that the project is not located in a particularly sensitive environment;
and
b. The scope of work does not intensify the existing use of the site, and all work would be
conducted in conformance with City standards for design, use, construction and noise.
Based on the application submittal and environmental checklist, proposed work would
comply with City standard hours and noise thresholds for construction. No work is
proposed outside of daytime hours, except some interior demolition and renovation work
which would not exceed 90dBA exterior noise thresholds or thresholds identified in the
San Rafael Municipal Code Section 8.13.040 General Noise Limits, thus no undue noise
generating activities would occur. The project phasing and staging is included in the plan
sets, which places these activities as far from the nearest residential uses as feasible.
Additionally, as discussed above, the project proposes to install new storm drain treatment
equipment that will address site run-off in compliance with storm water runoff
requirements, as well as portions of uphill properties off-site. Lastly, the project applicant
has stated they are proposing to incorporate Green Building construction techniques, and
has informed staff and the Commission that they have registered with Leadership in Energy
and Environmental Design (LEED) to get a LEED green building certification for the
project, which is supported by City regulations. Staff notes that this is not required since no
new development is proposed, but that the steps taken herein further support the conclusion
that the project does not trigger any exceptions to the categorical exemptions that apply to
this development.
C. The proposed use complies with each of the applicable provisions of the zoning ordinance, as
detailed in the March 25, 2008 staff report to the Planning Commission and April 21, 2008
staff report to the City Council in that:
a. The shopping center use is wholly consistent with the GC zoning district and satisfies all of
the applicable development standards in table 14.05.020 in that it will achieve greater
conformance with the minimum 15% landscaping requirements by increasing landscaping
areas from 5.3% (2.35 ac.) to 7% (3.11 ac.) and increasing the frontage landscape setback
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from approximately 8 to 12 feet in dimension to up to 24 -feet in dimension, with 5 -foot
buffer landscaping adjacent the street frontage and parking lot; maintains compliance with
the 36 foot height limit following the building changes, with main building height of 33'
and architectural tower elements that extend up to 50 -feet including a clerestory roof
feature which would add interest to and enhance the building as allowed through design
review pursuant to Zoning Code Section 14.16.120; and maintains the existing non-
conforming 0.40 FAR which is allowed for redevelopment pursuant to General Plan Policy
LU -9 and consistent with the Non -Conforming Structure regulations in Zoning Code
Chapter 14.16.
b. Redevelopment of nonconforming sites is allowed under Section 14.16.150.17 and
14.16.270.C.6 where the discrepancy between existing conditions and the development
standards would not increase. The renovation would not increase the existing FAR nor
intensify use of the site, nor increase an existing non -conforming parking or landscaping
standard. In fact, the proposal achieves greater conformance with landscape and parking
standards, and would maintain the same nonconforming layout and design for the majority
of the reconfigured parking lot with 65 degree angled spaces and 8.5 -foot wide standard
spaces where the current code establishes 60 degree and 9 -foot dimensions, which is
permissible under Section 14.18.240 (Grandfathered Parking) if approved by the review
authority upon consideration of relevant constraints and limitations. The applicant has
presented information which shows they have modified compact parking are to 30% to
comply with the code allowance, and that maintaining an 8.5 foot standard space
dimension and 65 degree angle would enable them to preserve the historic parking ratio for
the center while accommodating widening the frontage setback by up to 12 -feet in depth to
provide for the Promenade improvement, as well as allow an increase in the size and
number of parking lot landscape planters to conform more closely with the Zoning Code.
c. The concept presented for the proposed drive-through use will satisfy the requirements of
Section 14.16. 110 by providing adequate separation of vehicle aisles, adequate room for
vehicle stacking out of drive aisles, and avoiding conflicts with pedestrians; and will be
subject to further review by the City under a separate design review permit which will
ensure compliance is achieved.
d. Parking requirements of Chapter 14.18 are met in that the 4 space per 1000 gross building
area parking ratio that applies to shopping centers will be maintained, number of compact
parking spaces will be reduced to comply with the 30% maximum allowance, ADA
parking has been provided in compliance with requirements (e.g., roughly equivalent to 2%
of total parking provided), loading areas will be accommodated with the relocated Rite Aid
building at the northeast corner, and for the new restaurant buildings in the oak plaza
driveway, 3% bicycle parking can be accommodated and has been planned for in walkways
which are designed to accommodate spaces near the entries on the east, north and west
sides of the building, and while it is preferable to meet the current City standard 9 -foot
parking space dimension and 60 degree angled space configuration, the applicant's request
to continue using the nonconforming 8.5 foot wide standard space dimension and 65
degree angled parking stalls for renovation in the majority of the existing parking areas can
be supported for a renovation project under Section 14.18.240.E given that it does not
so
involve an intensification of use, the new parking layout and drive aisles should improve
on-site circulation, and the design will enable desired Promenade frontage improvements
and increased parking lot landscaping to be provided which more closely conforms to the
code.
e. The project will provide more trees to satisfy the 1 tree per 4 parking space ratio and wider
7' by 7' dimension landscape planters in the parking lot to meet the minimum 6 -foot
interior dimension and 36 square feet of planter area standards.
f. A new well designed sign program is proposed in compliance with Chapter 14.19, which
substantially complies with the sign regulations, but allows some flexibility to increase the
number of monument entry signs, building identification signs at building entryways, and
establishment of sign design criteria that ensures uniform, high quality, individual lettered
signage will be installed.
g. The use permit, as conditioned, adequately regulates the proposed mix of commercial uses
for the shopping center as required pursuant to Chapter 14.22.
h. A Development Agreement has been reviewed and approved by separate resolution, in
compliance with Chapter 14.16, to preserve the ability to build back the approximately
50,000 square feet of commercial space to be removed as part of the renovation project,
over a ten year period, and sufficient public benefits to the City will be realized including
that that the developer will construct approximately 2,300 feet of the North San Rafael
promenade along the north and east property frontages.
i. Findings for Environmental and Design Review Permit approval have been made as
required pursuant to Chapter 14.25, as discussed in detail below.
l IEREAS, the City Council makes the following Environmental and Design Review
Permit findings for ED07-090, as required pursuant to San Rafael Zoning Code Section 14.25.090:
A. The project design is in accord with the General Plan 2020, as discussed in Use Permit UP07-
56 Findings A.a above.
B. The project design, as conditioned, is consistent with all applicable site, architecture and
landscaping design criteria and guidelines for the GC district in that, as described in staff's
March 25, 2008 report to the Planning Commission and April 21, 2008 report to the City
Council, the criteria in Section 14.25.050 are satisfied, in particular:
a. Criteria E, Site Design, is satisfied in that the modified drive aisles, new entry at Del
Presidio, relocated entry on Las Gallinas Drive, and reconfigured entry at Merrydale will
improve site circulation and access, and the new design of the building will result in a
harmonious relationship between structures with more articulated, varied and interesting
buildings, creation of public gathering spaces on walkways with differentiated paving
materials, and creation of more well-defined pedestrian walkways, plazas and paths
through the center and along the frontage.
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b. Criteria F, Architecture, in that the new building design and Tenant Design Criteria, and
architectural building projections and elements proposed will create more interest, will
result in a pedestrian scale for storefronts with at least 80% covered awnings and similar
features provided over the walkways and entry's for visitor comfort and convenience, high
quality materials and a variety of styles is required for the building and individual shops,
service areas will be screened within the building features, new decorative and textured
hardscape treatments are proposed as well as enhanced landscaping throughout the parking
lot with landscaped planters and seating areas near the building on the walkway and plaza
areas, new high quality signage and improved lighting is proposed to clearly direct visitors,
enhance the ambience and provide better security and sense of well being.
C. The project design minimizes adverse environmental impacts in that the renovation involves
no intensification of use and will upgrade the existing site conditions as follows:
a. It improves existing circulation with the reconfigured drive aisles and parking layout,
including the revised orientation and 90 -degree parking provided in front of Mervyns.
b. Provides greater shading of parking areas with more trees uniformly dispersed throughout
the parking lot to reduce heat gain and improve comfort.
c. Will improve ADA accessibility with new walkways and safer crossings at driveways,
which have been evaluated by the City Building and Public Works Divisions.
d. Proposes to implement green building techniques and practices.
D. The renovation project design will not be detrimental to the public health, safety or welfare,
nor materially injurious to properties or improvements in the vicinity, in that:
a. As discussed in the Use Permit 07-056 Finding A.b and Finding B, the project meets the
objectives of the Zoning Ordinance which ensures no detrimental affects to the public
would result.
b. The lighting upgrades as proposed would not create glare or result in levels that are
insufficient for adequate security.
c. Site improvements and new walkways have been conditioned for review with final
improvement plans and include appropriate ADA design features such as smooth surfaces,
minimal slopes and truncated domes.
d. New and reconfigured drive aisles have been evaluated by the City traffic engineer and
conceptually found to satisfy criteria for adequate vehicle and pedestrian sight distance at
intersections, safety and design criteria, and such features have been adequately
conditioned and will be further refined with final project improvement plans.
e. Upgrades to the building will be included and are required to comply with current Building
and Fire codes.
f. The project is exempt from the provisions of CEQA, as discussed in Use Permit 07-056
Finding B.
WHEREAS, the City Council makes the following sign program findings for SR07-91, as
required pursuant to San Rafael Zoning Code Section 14.19.046.D:
A. All of the signs contained in the program have common design elements which are specified in
a uniform set of design criteria approved as part of the project, including placement of
individual tenant wall signs on the shop facades, similar architecture and detailing of
monument and directional signs which consist of low -stone faced walls, materials which
require high quality lettering and material, illumination which precludes internally illuminated
letters and requires indirect concealed light sources such as backlit lettering, sign type which
primarily consists of individual lettering typically metal or high quality materials, and number
and size of signs allowed for each tenant which includes a maximum 1 square foot of sign area
per lineal foot of business frontage and minimum are of 25 square feet which is in keeping
with the standard sign area allowances.
B. All of the signs contained in the program, as described in the approved sign program criteria
and Finding A above, are in harmony and scale with the materials, architecture, and design
features of the buildings and property improvements, and the program is consistent with the
general design standards specified in Section 14.19.054, as follows;
a. The signs are an integral part of and complementary to the design of the buildings and
improvements on the site.
b. The signage proposed in the program and criteria is simple and high quality, with
individual lettering as opposed to canister, frame or painted signs, as well as proposes
monument -type freestanding signs which are preferred over pylon signs.
c. Colors and materials will integrate with the setting, and building architecture and style,
reflecting the variety of individual shops required by the new design criteria for the center.
C. The amount and placement of signage contained in the program is in scale with the subject
property and improvements, as well as the immediately surrounding area in that the additional
monument signs proposed at the multiple driveway entries are deemed appropriate for the
44.75 acre shopping mall, the mall identification signage over the new mall entryways are
deemed appropriate and properly scaled with the building, and the exterior tenant signage and
permitted areas are consistent with the sign regulations in terms of number, placement and
size.
NOW THEREFORE BE IT RESOLVED, that the City Council approves UP07-056,
ED07-090 and SR07-091, subject to the following conditions:
Master Use Permit (UP07-56)
Conditions of Approval
Communitv Development Department, Planning Division
Allowed Uses and Limitations
1. This approvals grants Master Use Permit approval for the Mall at Northgate regional
shopping center on a 44.75 acre site, comprised of the following buildings:
Existing Buildings and Uses to Remain Unchanged:
Sears Department Store (Combined Existing) -3 Levels + Outbuildings*: 134,976 sq. ft.
Mervyns Department Store (Existing) -2 Levels: 81,617 sq. ft.
Macy's (Existing) -3 Levels: 254,015 sq. ft.
(*Sears Outbuildings include a 16,300 sq. ft. 3 -bay automotive service facility and 12, 000 sq.
ft. seasonal sales or appliance repair service facility)
New & Reconfigured Building Areas*:
Rite-Aid Drug Store and drive-through facility: 17,340 sq. ft.
Mall Leasable Merchandising Building Area: 238,186 sq. ft.
(*These new building areas are estimated based on the project plans as submitted for zoning
approval. It is anticipated that these areas may fluctuate up or down slightly at time of the
building permit submittal(s). The maximum building areas are limited by the "build -back"
provision provided for by this approval and the related Development Agreement.)
For purposes of determining the gross floor area, the Mall Leasable Building Area includes
the leasable multi -tenant shops, food court, current 2,200 seat theater in 45,000 sq.ft., existing
and new restaurant building areas, mall management offices on 2nd level, food court restrooms
and tray wash dedicated area. The leasable area does not include the open public concourse
and food court dining area, required exiting and service corridors, and the service/trash
areas; which have been relocated from parking areas and incorporated into the building
footprint.
2. The hours of operation shall remain unchanged for existing uses, and established for new
uses, which are as follows:
Standard Hours*: Mon -Sat. 10:00 AM — 9:00 PM
Sunday 11:00 AM — 6:00 PM
*These hours may flex with the holidays (generally mid-November through December),
and theater and restaurant hours may vary. Generally, these hours are as follows:
Century Theater: Mon -Sun. 11:00 AM —1:00 AM
Anchor Hours:
Macy's:
Mon -Sat.
10:00 AM
— 9:00 PM
Sunday
11:00 AM
— 7:00 PM
Mervyns:
Mon -Sat.
9:00 AM
10:00 PM
Sunday
9:00 AM -
9:00 PM
Sears:
Mon -Fri.
9:30 AM
9:00 PM
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Sears Auto
Saturday
Sunday
Mon -Sun.
Rite-Aid Hours: Mon -Sun.
Drive-through:
Restaurant Hours*:
Applebee's: Sun -Fri.
Saturday
9:00 AM — 9:00 PM
10:00 AM -- 7:00 PM
8:00 AM — 8:00 PM
9:00 AM — 10:00 PM
9:00 AM — 10:00 PM
11:00 AM — 10:00 PM
11:00 AM — 1:00 PM
China Villa: Sun -Tues. 11:00 AM — 9:30 PM
Fri & Sat. 11:00 AM —10:00 PM
*New restaurants may offer breakfast service as early as 6:00 AM and stay open as late as
1:00 AM on Friday and Saturdays, subject to the approval of the City traffic engineer.
3. Pursuant to the terms of a Development Agreement DA07-01, the mall may build -back
commercial retail space removed as part of the renovation up to the existing 0.40 FAR, or
773,238 square feet of building area. Such additions shall be subject to the current zoning
development standards and design requirements in effect at that that time.
Note: The development agreement may be reviewed annually and can be referred to the
City Council for a hearing and review if the terms of the agreement are not being met.
4. The mall shall be used for a group of commercial establishments as listed in the GC
district's commercial land use tables, managed as a unit with a covered common gathering
area and on-site parking.
5. The exterior storefront spaces shall be reserved for the primary commercial retail tenants
and services uses, including food service, financial service and theater uses.
6. The Rite-Aid building shall obtain a separate design review permit approval.
7. The mall shall maintain security and public safety measures for the facility.
The mall shall maintain trash and litter control of the premises at all times, including
parking lot and sidewalk sweepers.
Theater Use Provisions
Fire Department
9. The Theater use shall be subject to annual fire inspection by the Fire Marshall, and shall
address any potential life safety issues that may be identified as a result of such inspections.
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Police Department
10. Public telephones shall be available, and functional, on each side of the theater, preferably
inside the lobby of the opposing theaters or within 75' of the ticket sales booth.
11. A "time drop" or other money safe type device shall be provided at the box office and
refreshment sales counter. The device shall be securely fastened to the floor or other non-
movable fixture.
12. The staffing of private security officers shall include an additional officer solely assigned to
patrol the theaters. This shall include random patrols of parking areas normally frequented
by theater patrons (south, east and west lots), and within theater lobbies and ticket booth
area. The officer shall be on duty from 6:00 PM to thirty minutes after the conclusion of
the last movie. Consideration shall be given to increase staffing during weekend matinees
and holiday season extending from November 26 to December 30. Officers shall
discourage loitering, vandalism, littering and noise. Security levels may be reassessed by
the Mall and Police Department on a quarterly basis in order to assess the need for more
security officers. Upon written agreement of both parties it may be desirable to increase or
decrease the number of days/hours for the security personnel.
Planning Division
13. The mall may continue operation of a 15 screen, 2,600 seat maximum theater complex as
indicated on approved site plans. This includes second story mezzanine levels for film
projection areas, storage and employee offices. Hours shall be 11:00 AM to 1:00 AM, 7
days a week. Any change in use shall require an amendment to this permit.
14. Employees whose shifts end after 10:00 PM shall be required to park in the east and west
parking lots.
15. Mall management shall coordinate quarterly meetings with mall management, security
staff, Police Department, and adjacent residential neighborhood association group
representatives to discuss and address security and noise related issues, as needed. If
complaints in this regard are received by the City, City staff will contact mall management
to take action in compliance with this condition.
16. Screenings shall be staggered to limit high volumes of cars exiting the site simultaneously.
17. The theater shall assist the mall in maintaining the parking lots in their area of influence
free of litter and debris.
18. Mall management shall monitor parking on weekend days during the holiday season on an
hourly basis (week of Thanksgiving through December). Should the available on-site
parking stalls drop below 100, the mall shall implement measures to provide off-site
employee parking, off-site customer parking, and/or valet parking. Consideration shall be
given to providing employees with bus passes, and use of shuttle services to relieve parking
congestion.
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Existing Uses and Public/Quasi-Public Uses
19. A meeting and assembly space of approximately 1,300 square feet shall be allowed to be
provided for public/non-profit groups throughout Marin County. Minor modifications or
revisions of the meeting area use shall be subject to review and approval of the Planning
Division. Modifications deemed major shall be referred to the appropriate reviewing body.
Any public meeting space provided shall be located in an interior or upper floor space.
20. Any existing public and quasi -public uses or other conditionally permitted uses that are
currently operating within the mall may be allowed to re -occupy the new mall area upon
completion of the renovation work. If any such uses do not secure a new lease to reoccupy
the mall when the renovation is completed, their prior approvals shall become null and
void.
21. An office for the San Rafael Police Department shall be permitted, as provided under
Development Agreement DA07-01. The area shall be directly accessible to the common
area, shall have internet access and be at least 200 square feet in area.
22. Public/quasi-public, administrative office or other non -retail serving commercial uses
should be located in interior space or upper level locations.
Outdoor Event Provisions and Limitations
23. The oak plaza area shall maintain bollards so the area can be closed off for events. The
area may be programmed for events during normal mall business hours.
24. A permit shall be obtained from the Police Department for amplified music or live
entertainment.
25. Other special events, or events outside of normal mall business hours, shall require a
temporary use permit.
26. Outdoor events shall not create a noise nuisance to residential neighborhoods.
Restaurant Use Provisions and Limitations
27. A maximum of 20% of the mall gross leasable area shall be allowed to be used for large sit
down, table -service restaurant uses over 2,000 square feet in size (e.g., 238,186 sq. ft. x .20
= 47,637 sq. ft.). Additional large sit down table -service restaurant uses may be approved
subject to an administrative use permit and review by the City traffic engineer to ensure
that compliance with shopping center trip and traffic generation rates is maintained. Small
cafd, specialty food, and food court uses are not included in this calculation.
28. Ancillary outdoor seating areas for restaurant uses may be allowed up to 25% of their
indoor seating area. Seating areas shall be adjacent to the respective restaurant use.
29. Additional ancillary outdoor seating area(s) may be provided for food court, cafd's and
other small food service uses within exterior walkways, outdoor plaza and gathering areas.
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Generally, outdoor seating shall not be more than 50% of combined indoor seating capacity
for these uses.
30. Clear pedestrian walkways shall be maintained around all ancillary outdoor seating areas.
31. Furnishings and enclosures used for outdoor seating areas shall be consistent with the
design criteria established for the mall.
32. Entertainment may be considered as ancillary to the large restaurant uses, during normal
business hours.
Parking Provisions and Limitations
33. The existing 8.5 -foot wide standard space dimension and 65 degree angled parking
configuration may be maintained for the renovation project. Any intensification in use that
requires more parking stalls to be provided on-site shall be subject to compliance with
current parking standards, and would require grant of appropriate approvals to vary from
current standards.
34. The Mall at Northgate shall maintain a minimum ratio of 4 parking spaces per 1,000 gross
square feet of leasable mall space, consistent with the City parking regulations.
35. Bicycle parking shall be provided in compliance with regulations, which establishes
bicycle parking shall be equivalent to 3% of the vehicle parking amount, and spaced in
convenient locations near the building entryways.
36. The mall shall continue to designate and monitor the northwest corner of the mall for
employee parking, and the 36 spaces at the back of Mervyns shall be designated and used
for employee parking.
37. The mall shall consider implementation of a transportation management system program to
reduce employee traffic and manage parking on-site, as necessary, particularly during
holiday seasons; consistent with the parking monitoring requirements established as a
condition of the theater use.
Promenade Construction
38. The North San Rafael Promenade improvement proposed along the project frontage shall
be implemented in substantial conformance with approved plans and in accordance with
the terms of the Development Agreement.
Duration, Expiration and Applicability
39. The approvals granted herein shall be valid for a period of two -years, or until April 21,
2010, unless implemented prior to the expiration date or a request for extension of the
approval is received prior to the expiration date.
40. Once inaugurated, this approval shall supersede and replace prior sign, use and design
approvals granted for the mall, except that the existing approved signage, building design
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and uses of the Macy's, Mervyns and Sears department store buildings and the 10.4 acre
Sears property shall not be affected by this approval unless or until they submit separate
plans for renovation, modification or improvement of their buildings and facilities.
Environmental and Design Review Permit (ED07-90)
Conditions of Approval
Communitv Development Department, Planning Division
Building and Site Design Requirements
1. The renovation of the mall shall be implemented in compliance with the project plans dated
March 2008, consisting of Civil Plans C.PC.01.01 through 19, Architectural Plans A.SD.CS.01
through A.SD.45.02, Landscape Plans L.SD.01.01 through 12, the Mall at Northgate Materials
Board exhibit, exterior site furnishings and Exterior In -Line Tenants Design Criteria —
Updated: January 291h 2008. Plans submitted for building permit shall conform to approved
project plans, except as modified by conditions herein.
2. The mall architectural control committee (ARC) shall review and approve new exterior in-line
tenant storefront designs and tenant signs for compliance with the Exterior In -Line Tenants
Design Criteria — Updated: January 29th 2008. City staff shall review these improvements with
building permit plans. Verification of ARC approval of the tenant plans shall be provided at
time of building permit application.
3. This design approval shall be applicable to exterior building and site improvements. Interior
work shall be under the purview of the Northgate Mall architectural control committee.
4. The design details shall show the finish of the retaining wall at the northeast corner of the site,
which shall be faced with stone or similar treatment to match the improvements along the site
frontage.
The applicant shall pursue opportunities to eliminate need for an ADA ramp at the northeast
corner, and provide access at the nearby driveway locations.
6. A detail showing the treatment for vacant or interim exterior storefronts shall be provided on
renovation plans submitted for building permit. This detail shall be used for any initial
vacancies following the renovation work, and shall propose a scheme that is in keeping with
the main fagade.
7. Future additions, alterations and modifications to the site, including the Rite-Aid store buildin
design, shall comply with the Exterior In -Line Tenants Design Criteria — Updated: January 29`
2008.
The Rite-Aid building shall obtain a separate design review permit approval, which shall
include review of the details for the building architecture, drive through facility, trash
enclosure and service areas, loading areas, adjacent landscaping and parking lot.
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9. The parking lot, landscaping and related site improvements on the southerly 10.4 acre Sears
owned property may be upgraded in a manner to be consistent with the details shown on the
plans approved for the remainder of the mall property, through staff review of an
administrative environmental and design review.
10. Bicycle parking areas and amounts shall be indicated on plans for building permit, and shall
include details that show compliance with the minimum clearance and dimension standards,
outside of required walkways, as specified in the Parking Regulations.
11. All site and building improvements shall be maintained in good repair and condition for the
duration of the use.
Sign Program Requirements
12. All new/replacement exterior tenant identification signage shall conform to the criteria as
indicated on approved plans and contained in the In -Line Tenants Design Criteria — Updated:
January 291h 2008.
13. The monument entry signs (i.e., boundary, primary and secondary monument signs) and way
finding signage shall be approved as indicated on the Site Plan Sheet C.SD.01.03 for the
driveway entrances and internal intersections, and designed as indicated on Sheet A.SD.20.13,
with low profile stone walls and high quality individual cutout lettering.
14. The mall entry signs identifying "Northgate" shall be approved on the building walls above the
three entryways (as indicated on the approved elevations Sheets A.SD.04 through .06,
consisting of 2' tall painted metal letters pinned off frosted glass background, illuminated with
concealed light source; as well as 1' by 12' cut out letters, externally illuminated, located
above the mall doorway entries.
15. The anchor department store tenants may replace their existing signage with the new signage
of a similar size, scale and design. The anchor tenants are encouraged to upgrade signage to
match the criteria set for the center.
Landscaping
16. All landscaping shall be maintained in good condition and any dead or dying plants, bushes, or
trees shall be replaced with new healthy stock of a size compatible with the remainder of the
growth at the time of replacement.
17. Landscaping must meet the Marin municipal water district's (MMWD) water conservation
rules and regulations. Prior to the issuance of a building permit or other authorization to
proceed, the applicant must provide verification from MMWD stating that the landscape plan
has been approved.
18. The final tree selections and planting detail shall be reviewed by the City Arborist
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19. A planting detail for new tree wells shall be included on the construction plans. The detail shall
be prepared by a licensed landscape architect based on a soils analysis prepared for the site, to
ensure trees will thrive to the maximum extent feasible.
Lighting
20. Design of lighting fixtures and levels shall be as indicated on the approved project plans (e.g.,
Site Plans, Elevations and Photometrics); e.g., with the intent to provide a uniform, low level
scheme for parking lots, building entries and pedestrian areas.
21. All lighting shall be subject to a 90 day review period following grant of final occupancy to
ensure lighting conforms to the approved plans and City standards.
Construction Hours
22. All exterior work shall occur within the City of San Rafael's established work hours, with no
noise generating activities that would exceed the 90 dBA threshold at the property line. Interior
construction and demolition may occur outside of the established work hours, provided that
such work shall not be significant noise generating activities and shall comply with the noise
thresholds as specified in San Rafael Municipal Code Chapter 8.13 (Noise).
23. To expedite work and minimize impact on mall tenants, some nighttime work may be allowed
for such things as minor demolition by hand, electrical wiring, and other similar construction
finish work that does not require generators, engines, mechanical equipment or power tools
that would generate significant noise perceptible outside of the mall building. No outdoor
activities such as materials deliveries or debris hauling, employee gathering, or preparation
activities shall occur after daylight hours.
24. Building phasing and staging shall be allowed as indicated on the "Development Lease Plan"
and the "Preliminary Site Use Plans" submitted with the approved plan sets.
Building Permit Requirements
25. The building materials and colors as presented for approval shall be the same as required for
the issuance of a building permit. Any future changes in materials or color shall be subject to
prior review and approval by the Planning Division to confirm compliance with this approval
and city codes. This may include referral to the Design Review Board and administrative,
minor or major design review.
26. Minor modifications to the design and sign program approvals may be approved by the
Community Development Department, Planning Division. Changes deemed to be major shall
be subject to review by the appropriate authority, as determined by the Planning Division.
Community Development Department - Buildina and Fire Prevention Divisions
27. The design and construction of all site alterations shall comply with all applicable codes and
regulations in effect at the time of plan submittal for building permit. Beginning January 1,
2008 the applicable codes are 2007 California Building Code, 2007 Plumbing Code, 2007
Electrical Code, 2007 California Mechanical Code, 2007 California Fire Code, and 2005 Title
24 California Energy Efficiency Standards.
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28. The plans shall provide dimensions showing distance to adjacent buildings such as Building A,
Mervyn's, and the parking garage.
29. A building permit is required for the proposed work. Applications shall be accompanied by
four (4) complete sets of construction drawings to include:
a) Architectural plans
b) Structural plans
C) Electrical plans
d) Plumbing plans
e) Mechanical plans
f) Fire sprinkler plans
g) Site/civil plans (clearly identifying grade plan and height of the building)
1. Provide existing and proposed underground fire service mains, FDC's,
PIV's, double check valve assemblies, and private or public hydrants.
h) Structural Calculations
i) Truss Calculations
j) Soils reports
k) Title -24 energy documentation
30. Based on a determination of the existing and proposed Civil Utility Plans (see item g.1) listed
above) showing the Underground Fire Service Mains, and Fire Hydrants, there may be
additional conditions required for this project. The provided plans were insufficient to
determine Fire Flow for the new proposed Rite Aide, and the new Mervyns Plaza Plan.
Additional Fire Hydrants may be required. This will be determined at project review for the
building permit.
31. The occupancy classification, construction type and square footage of each building shall be
specified on the plans in addition to justification calculations for the allowable area of each
building. Site/civil plans prepared by a California licensed surveyor or engineer clearly
showing topography, identifying grade plan and height of the building.
32. Provide an accurate Occupant Load Factor (OLF) for the gross leasable area per CBC 402.4.1.
33. Provide an occupant load for the food court per CBC 402.4.1.4 and 1004.
34. Whenever the distance of travel to the mall from any location within a tenant space used by
persons other than employees exceeds 75 feet or the tenant space has an occupant load of 50 or
more, not less than 2 means of egress shall be provided CBC 402.4.2. The maximum distance
of travel from any point within a tenant space to an exit or entrance to the mall shall not exceed
75 feet. The maximum distance of travel from any point within a mall to an exit shall not
exceed 200 feet. Show the means of egress and dimension distances.
35. Dimension the width of all corridors and exit passageways CBC 402.4.5. The minimum width
is 66 inches.
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36. Dimension the plan to show mall width. Minimum width is 20 feet. Minimum width is 10
feet between any projection of tenant space bordering the mall and nearest kiosk, vending
machine, bench, display, food court, or other obstruction CBC 402.5.1.
37. Dimension the kiosks and required separations per CBC 402.10. Each kiosk or grouping shall
have a maximum area of 300 sq. ft. and a minimum horizontal separation of 20 feet.
38. Assembly occupancies such as the theater, if the occupant load exceeds 500 or more shall be
located in the covered mall building that their entrance will be immediately adjacent to a
principle entrance to the mall and have not less than one-half of their required means of egress
opening directly to the exterior of the covered mall building CBC 402.4.3.
39. Fire sprinklers will be required throughout the mall designed and installed in accordance to
NFPA 13 (2002 edition). The system shall provide protection for the mall area independent
from the tenant spaces or anchor stores. This will include sprinkler coverage for all Kiosks or
similar structures. (see CBC 402.10 for required installation criteria) A Separate application
by a C-16 contractor is required.
40. Fire Standpipe System shall be required throughout the Mall, and installed in accordance to
NFPA 14 (2002 edition) with a class I hose connections connected to a system sized to deliver
250 gallons per minute at the hydraulically most remote outlet. The location of standpipe
outlets shall be installed at the main entrance, within each exit passageway or corridor, at each
floor level, at any catwalk accessing service area's, within enclosed stairwells that open onto
the mall, and at exterior entrances to the mall. (see CBC Sec 402.8.1 & Sec 905.3.3 for
installation criteria) Separate application by a C-16 contractor is required.
41. Manual and automatic Fire detection system will be required throughout the mall and tenant
spaces. This will include detection devices installed within all Kiosks or similar structures.
(see CBC Sec 402.10 for required installation criteria) A separate application by a C-10
contractor is required.
42. Provide a Smoke Control System within the enclosed mall. The provisions for the smoke
control system shall comply with CBC Sec 402.9 & Sec 404.
43. Provide a single fire department control room containing controls for air handling system,
smoke control system, fire alarm control panel, relocated from the attic area, and fire
suppression system control.
44. Provide an approved vestibule area for attic access areas. These areas shall be designed to
maintain a minimum fire resistive construction at two hours. A single Standpipe outlet, the
configuration shall be designed to accommodate a single Engine Company crew with fire
fighting equipment. The specific dimensions to be determined at building permit review.
45. Rite Aide building shall be protected by an automatic fire sprinkler system as required by the
California Building Code, as amended by the Municipal Fire Code, and designed in accordance
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to NFPA 13 (2002 edition). It shall be provided with central station alarm monitoring, that has
an Underwriters Laboratory Serially Numbered Certificate which will notify the fire
department in the event of activation of one of the water flow switches. In addition, a local
alarm shall be provided on the exterior and at a normally occupied location in the interior of
the building.
46. At the drive-thru alley (aka, Oak Court Plaza) show parking space(s) for disabled persons.
47. Each building shall have address numbers located in a position that is plainly visible from the
street or road fronting the property. Numbers must be Arabic numerals or alphabetical letters,
be minimum 4" in height with a minimum stroke width of 0.5 inch, contrasting in color to their
background, and either internally or externally illuminated.
48. Knox box keyed entry system is required at designated access doors.
49. Any demolition of existing structures will require a permit. Submittal shall include three (3)
copies of the site plan, asbestos certification and PG&E disconnect notices. Also, application
must be made to the Bay Area Air Quality Management District prior to obtaining the permit
and beginning work.
50. School fees, if required, shall be paid for the project. School fees for commercial space are
computed at $0.33 per square foot of new building area. Calculations are done by the San
Rafael City Schools, and those fees are paid directly to them prior to issuance of the building
permit.
51. If on-site streets are privately owned, certain on-site improvements such as retaining walls,
street light standards, and private sewer system will require plan review and permits from the
Building Division.
52. With regard to any grading or site remediation, soils export, import and placement; provide a
detailed soils report prepared by a qualified engineer to address these procedures. In particular
the report should address the import and placement and compaction of soils at future building
pad locations and should be based on an assumed foundation design. This information should
be provided to Building Division and Department of Public Works for review and comments
prior to any such activities taking place.
53. A grading permit may be required for the above-mentioned work.
54. Prior to building permit issuance for the construction of each building, geotechnical and civil
pad certifications are to be submitted.
55. Walls separating purposed tenant space from existing neighboring tenant spaces must be a
minimum of 1 -hour construction.
56. All site signage as well as wall signs require a separate permit and application (excluding
address numbering).
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57. Monument sign(s) located at the driveway entrance(s) shall have address numbers posted
prominently on the monument sign.
58. Facilities in mercantile and business occupancies, toilet facility requirements for customers and
employees shall be permitted to be met with a single set of restrooms accessible to both
groups. The required number of fixtures shall be the greater of the required number for
employees or the required number for customers. Fixtures for customer use shall be permitted
to be met by providing a centrally located toilet facility within a max distance not to exceed
500 feet. In stores with a floor area of 150 square feet or less the requirement to provide
facilities for emDlovees shall be permitted to be met by providing a centrally located toilet
facility within a max distance not to exceed 300 feet.
59. Food service establishments with an occupant load of 100 or more shall be provided with
separate toilet facilities for employees and customers.
60. Minimum elevator car size (interior dimension) is 68" wide and 51" deep, with a clear door
width of 36".
61. This site may contain particularly caustic and/or corrosive soils. Mitigating design for any in -
ground piping systems or reinforcing elements which may be detrimentally affected will need
to be addressed during design.
62. The proposed facility shall be designed to provide access to the physically disabled in
accordance with the requirements of Title -24, California Code of Regulations; i.e., accessible
parking stalls, path of travel, primary entrance, interior travel path and restrooms.
63. All areas within the site must be accessible for persons with disabilities. All newly constructed
buildings on a site shall have, but are not limited to, the following accessible features:
a) Path of travel from public transportation point of arrival
b) Routes of travel between buildings
c) Accessible parking
d) Ramps
e) Primary entrances
f) Sanitary facilities (restrooms)
g) Drinking fountains & Public telephones (when provided)
h) Accessible features per specific occupancy requirements
i) Accessible special features, i.e., ATM's point of sale machines, etc.
64. Pedestrian access provisions should provide a minimum 48" wide unobstructed paved surface
to and along all accessible routes. Items such as signs, meter pedestals, light standards, trash
receptacles, etc., shall not encroach on this 4' minimum width. Also, note that sidewalk slopes
and side slopes shall not exceed published minimums per California Title 24, Part 2.
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65. The site development of such items as common sidewalks, parking areas, stairs, ramps,
common facilities, etc. are subject to compliance with the accessibility standards contained in
Title -24, California Code of Regulations. The civil, grading and landscape plans shall address
these requirements to the extent possible.
66. Fire lanes must be designated; painted red with contrasting white lettering stating "No Parking
Fire Lane" A sign shall be posted in accordance to City of San Rafael standard #204.
67. If a Dry Cleaning Operation moves in the provisions listed in Chapter 12 of the California Fire
Code shall be required.
68. Hazardous Materials Placard shall be installed for those areas of the facility that are storing,
using, or handling hazardous materials. This in accordance with NFPA 704. There would
additionally be requirement to provide a Hazardous Materials Management Plan submitted to
Marin County Department of Public Works, CUPA.
69. Storage height in excess of 12 feet shall require a "High Pile Storage" permit.
70. Provide an approved Fire Department Equipment access through the Mervyns Plaza Plan.
There shall be a minimum road design of 20 foot width with 13.5 foot head clearance with a
road surface capable of supporting an imposed load of 75,000 lbs. Contact Fire Prevention
Bureau for specific details.
71. Fire Department access shall be maintained to all parking areas with the exception of the
existing covered parking that is protected with a standpipe and sprinkler systems. If curbs are
created that inhibit fire department access it will be the responsibility of the installing
contractor that has applied for the permit to maintain the proper dimensions for a fire engine to
access any parked vehicle.
72. In -ground grease separator(s) will be required outside the building perimeter to handle waste
water from the restaurants and food court area.
73. Review and approval by the Marin County Health Department may be required prior to
submittal for building permit plan review.
Public Works Department — Land Development Division
74. In response to the applicants memo received February 25, 2008, Public Works accepts the
"Contech CDS Hydrodynamic Separator" as a means to treat the stormwater runoff from the
site; this is based on existing site conditions and constraints where presently no water is being
treated at all. The applicant is requested to submit calculations to verify that the proposed
structure is adequately designed and to further address the other issues listed below:
75. An engineered plan for the frontage improvements to be reviewed and approved by the
Department of Public Works, prior to issuance of the building permit. The plan must show
existing and proposed curb and gutter, sidewalk, bike lane, driveway, crosswalk in the public
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right of way and on the private property fronting Northgate Drive, Las Gallinas Road and Los
Ranchitos Road and the following:
a) Show flowline elevations of curb and gutter fronting the said streets.
b) Replace damaged curb and gutter caused by settlement, upheaval, crack, displacement,
lateral movement, etc. to ensure no "ponding"/"birdbath" in gutter. Suggestion: Flood
existing gutter with water to determine which sections of curb and gutter to be replaced.
c) Replace damaged sidewalk caused by settlement, upheaval, crack, displacement, lateral
movements, incorrect cross slope, etc. All existing sidewalk along the promenade must be
replaced. New sidewalk fronting the promenade must be 6' wide.
d) Provide a widen 5' x10' sidewalk between every 150'-250' for wheelchair passing area.
e) Provide curb and/or railing at back of existing on Northgate Drive near Mervyn's where
there is different in grade between the back of sidewalk and the parking lot.
f) Modify and/or replace existing curb ramps at crosswalks to comply with ADA
requirements. Show details and provide elevations.
g) Modify and/or replace existing driveways (12 each) and curb returns to comply with ADA
requirements. Show details and provide elevations.
h) Repair asphalt pavement failure within 5' from the lip of gutter.
i) Replace all existing frontage improvements including curb and gutter within the limits of
the promenade. Sidewalk along the new promenade shall be 5' wide except at obstructions
such as trees, light pole, above ground traffic control boxes, etc. Grind, reinforced fabric
and repave the travel lane closest to the gutter for uniform width and conformance.
j) Frontage improvements and new improvements must be in accordance with the City's
standard plans and specifications and must also comply with the Americans with
Disabilities Act (ADA) requirements.
76. Frontage improvements must be completed, prior to issuance of certificate of occupancy.
77. City will require a license agreement (or equivalent permanent public access right, e.g.,
easement or grant of right-of-way), where the frontage improvements such as sidewalk, bike
lane, access ramp, crosswalks are located on private property. Frontage improvements will be
maintained by applicant/property owners, prior to issuance of final building inspection.
78. The applicant shall ensure no permanent structure is placed over any easement.
79. A Storm Water Pollution Prevention Plan (SWPPP) to include erosion controls is required.
80. A Notice of Intent (NOI) from Regional Water Quality Control Board is required.
81. Prevent storm runoff over the sidewalk/driveway apron.
82. Cover and berm refuse area (if any). Plumb to existing nearby sewer, if available.
83. Prior to issuance of building permit, applicant shall enter into a maintenance agreement with
City to maintain storm water controls and yearly report.
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84. A Best Management Practice plan shall be included in the building plans.
Public Works Denartment - Traffic Requirements
85. Final improvement plan details shall be submitted for final review and approval by the City
Traffic Engineer for the proposed roadway and traffic related improvements including the
pedestrian and driveway crossings, restriping and alignment of the new driveway entry at Del
Presidio, proposed bus turnout location, and analysis of vehicle sight distance at driveways,
etc. The applicant shall make all the necessary site, frontage and intersection improvements
necessary to accommodate the project changes.
86. The applicant shall pay for roadway improvements required for the new entrance at Del
Presidio and Las Gallinas.
87. As designed, the new driveway entry at Del Presidio is intended as an entry only for south
bound traffic from Del Presidio. Eastbound right -turn and westbound left -turn movement's
from Las Gallinas Drive are not allowed. Final details and future modifications shall be
subject to review and approval by the City Traffic Engineer.
I, ESTI IER C. BEIRNE, 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 Monday, the 2151 day of April, 2008, by the following vote, to wit:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Brockbank, Connolly, Heller, Miller & Mayor Boro
None
None
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