HomeMy WebLinkAboutCC Resolution 11936 (Marin Home Center)RESOLUTION NO. 11936
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN ENVIRONMENTAL
AND DESIGN REVIEW PERMIT, MASTER USE PERMIT AND A LOT CONSOLIDATION IN
ORDER TO RECONFIGURE THE SHOPPING CENTER PARKING LOT, ESTABLISH THE
ALLOWED USES FOR THE MARIN HOME CENTER AND CONSOLIDATE THREE PARCELS
LOCATED AT 530 FRANCISCO BLVD. WEST
(APNS: 013-051-06,20 AND A PORTION OF 05)
WHEREAS, on January 5, 2006, an application was received by the Community Development
Department requesting approval of a Zone Change of 530 Francisco Blvd. West from Planned
Development (PD -1666) District to Francisco Boulevard West Commercial (FBWC), a Master Use
Permit (UP06-001), Environmental and Design Review Permit (ED06-003), and a Lot Consolidation
(S06-001), to allow the reconfiguration of a shopping center parking lot, and on March 3, 2006, the
application was deemed complete for processing; and
WHEREAS, upon review of the subject application it was determined that the proposed project is
exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section
15311(b) of the CEQA Guidelines which exempts the construction of minor structures accessory to
existing commercial facilities such as small parking lots; and
WHEREAS, on March 14, 2006, the San Rafael Planning Commission held a duly -noticed public
hearing on the proposed Rezoning and related project applications including an Environmental and
Design Review Permit, Master Use Permit and a Lot Consolidation, accepted all oral and written public
testimony and the written report of the Community Development Department staff, and
WHEREAS, on April 3, 2006, the City Council held a duly noticed public hearing on the
proposed Master Use Permit, Environmental and Design Review Permit, and Lot Consolidation, accepted
all oral and written public testimony, the written report of the Community Development Department staff
and the recommendation of the Planning Commission;
WHEREAS, the City Council makes the followings findings:
Master Use Permit Findings
(UP06-001)
The proposed Master Use Permit is consistent with the General Plan 2020 in that the proposed
use would be consistent with (a) Policy LU -23 (Land Use Map and Categories) which defines
land use categories and the appropriate uses and the change to FBWC zoning will allow the
continued use of the site as a shopping center focused on home furnishings and will put the entire
Center in one zoning designation; (b) Policy NH -103 Specialty Retail Uses specifies upgrading
and redeveloping portions of the Francisco Boulevard West area visible from Highway 101 with
specialty retail commercial uses that capitalize on the Highway 101 visibility and the FBWC
District was developed for this area, the difference between the standards for the two districts is
limited and the proposed development exceeds both district standards, the differences between
the actual uses allowed by PD -1666 and in the FBWC District are limited and the FBWC zoning
provides a greater means to focus and direct uses than the existing PD -1666, which relates only to
meeting traffic and parking standards; (c) Policy NH -110, Highway 101 Widening Project,
requires improvements to the appearance of the area as an entryway from Highway 101 and the
provision of a consistent landscape treatment along the frontage road, including large trees and
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berms and the Design Review Board found the project to be the first step in the overall frontage
improvements, to be well designed and stated that the repeated use of some of the proposed trees
along the entire West Francisco frontage would be an appropriate common theme; (d) Policy CD -
21 (Lighting) states that adequate lighting for safety purposes must be allowed while controlling
excessive light spillover and glare and the Design Review Board found that the new and the
existing lot had adequate lighting level; (e) Policy CD -22 (Signage) allows adequate visual
identification necessary for successful commercial uses and the Board found that relocation of the
existing previously approved signs, will allow continued identification of the site; (f) Policy CD -
23 (Parking Lot Landscaping) states parking lot landscaping should be provided to control heat
build-up from pavement, reduce air pollution, provide shade cover for vehicles and soften the
appearance of the parking lot and the Board found that the new parking area has a significant
number of trees located throughout the lot, and missing trees in the existing lot will be replanted;
(g) Policy C-5 (Traffic Level of Service Standards) sets intersection level of service standards and
there will be no change to the traffic generated by this site as there is no new building area added
and the number of parking spaces added in the new lot is the same as those removed by the
Highway widening project.
2. The proposed shopping center 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 because: (a) the uses are the same as those which have been in existence on the site since
1984 with no detriment; (b) the use has been reviewed by appropriate City departments and
conditions have been applied to minimize adverse impacts; (c) traffic impacts will not change and
no adverse existing situation was identified by the City Traffic Engineer.
The proposed project would be consistent with the applicable provisions of the Zoning Ordinance
and the purposes of the District in that: (a) the project would be consistent with the purposes of
the Francisco Blvd West Commercial District (FBWC) in that the Marin Home Center constitutes
a multi -tenant center with shops which provide related services or types of goods as required by
the District; (b) the Master Use Permit provides for the types of allowed uses, an initial roster of
tenants and procedure for changes in occupancy as required by the District; (c) the project would
comply with the development standards required within the FBWC District including height,
landscaping, lot coverage, floor area ratio, and setbacks; and (d) adequate parking and circulation
would be provided.
Environmental and Design Review Permit Findings
(ED06-003)
1. The project would be in accord with the General Plan and the objectives of the Zoning Ordinance
in that the project is consistent with the General Plan policies as identified above in Use Permit
Finding #1 and Zoning Ordinance Section 14.25.050 (Review Criteria). The design of the center
parking lot was reviewed by the Design Review Board for consistency with the design policies of
the General Plan, Zoning Ordinance and Francisco Blvd. West Commercial District and was
found to be appropriate for the site and the surroundings and the proposed design was
recommended to the Planning Commission for approval.
The design of the center and parking lot is consistent with all applicable site and architectural
requirements and guidelines as it meets or exceeds all setback and landscaping requirements for
the Francisco Blvd. West Commercial District, and the parking lot meets the landscaping
requirement for parking lots as specified in the parking section of the Zoning ordinance.
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The project design minimizes adverse environmental impacts because it is minor in nature,
qualifies for a Categorical Exemption under section 15311(b) of the CEQA Guidelines, and
conforms to the Regional Water Quality provisions for stormwater runoff.
The project design will not be detrimental to the public health, safety or welfare, nor materially
injurious to properties or improvements in the vicinity because it has been reviewed by the
appropriate City departments and conditions have been applied to minimize possible
environmental and safety impacts.
Lot Consolidation Findings
(S06-001)
1. Based on the ED findings #1, 2, 3, and 4 shown above, the proposed lot consolidation would be
consistent with the General Plan and the Zoning Ordinance. In addition, the Building and Safety
Division has reviewed the proposed lot consolidation and has found that it would be in
conformance with the California Building Code. Lastly, the City Engineer has reviewed the
proposed lot consolidation and recommended approval.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Master Use
Pennit, Environmental and Design Review Permit and Lot Consolidation based on the findings above and
subject to the following conditions:
Master Use Permit Conditions
(UP06-001)
1. This Master Use Permit (UP06-001) approves a 2.7 acre, 138 space, 37,738 sq.ft. shopping center
located at 530 Francisco Blvd. West.
2. Allowed Uses. Uses shall be limited to specialty retail commercial uses generally emphasizing home
improvement products and other products used in the home and a small deli. Acceptable home
improvement and other retail uses include but are not limited to:
• Electrical supply stores,
• Equipment rental businesses,
• Glass and window stores,
• Hardware Stores,
• Plumbing stores and ancillary services,
• Office furniture sales and rental,
• Antique Stores,
• Appliance stores and ancillary repairs,
• Electric appliance sales (televisions, radios, computers etc.)
• Indoor and: or outdoor furniture store and upholstery shops,
• Other similar uses.
One, local serving deli not exceeding 1,000 sq.ft. is allowed, with hours limited to morning and
midday (closed during the P.M. peak traffic period).
Procedures for Subsequent Review and Approval. The existing tenants in the Center at the date of
approval of this Use Permit are Thomasville Furniture, Standards of Excellence, Sleep Train,
Window Factory, Studio Snaidero, Gilman Screens, The Rug Gallery, Paradise Valley Spa and
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Frellens. Subsequent tenants shall be reviewed for consistency with the provisions listed in the above
Allowed Uses Section with their request for issuance of a business license. If the Planning Division
determines that the use is consistent, no further review is needed. Approval of a deli shall be done
through a Use Permit reviewed by the Zoning Administrator.
4. Overall Limitation on Use. No less than 60% of the total square footage, or at least 22,215 square
feet shall be occupied by large or bulky item retail sales as the term is used in the Zoning Ordinance.
Up to 40%, or 14,818 square feet, of the Center may be occupied by small or non -bulky item retail as
the term is used in the Zoning Ordinance. Individual tenants may be exclusively large or small item
retail or a combination of both so long as the 60% large item and 40 % small item percentages are
met for the Center as a whole.
Environmental and Design Review Permit Conditions
(ED06-003)
Communitv Development Department -Planning Division
1. This Environmental and Design Review Permit (ED06-003) shall be valid until March 14, 2008,
unless permits has been issued and remain valid, or a time extension is granted.
2. The building techniques, materials, elevations and appearance of the project, as presented for
approval on plans prepared by CSW/Stuber-Stroeh, dated 3/3/06, shall be the same as required for
issuance of a building permit. Minor modifications or revisions to the project shall be subject to
review and approval of the Planning Division. Modifications deemed not minor by the Community
Development Director shall require review and approval of the Design Review Board and Planning
Commission.
3. All exterior lighting shall be shielded down. Following the issuance of a certificate of occupancy, all
exterior lighting shall be subject to a 30 -day lighting level review by Planning Division staff to ensure
compatibility with the surrounding area.
4. The landscape architect shall submit a letter to the Planning Division, certifying that the landscaping
has been installed in accordance with all aspects of the approved landscape plans, that the irrigation
has been installed and been tested for timing and function, and all plants including street trees are
healthy.
5. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris.
Prior to final occupancy, the applicants shall request an inspection from the Planning Division.
6. The trash enclosure area shall be covered and plumbed to the sanitary sewer.
7. Plans submitted for a building permit shall include a plan sheet, which incorporates these conditions
of approval. As an alternative, the conditions of approval shall be attached as a separate document to
each set of plans.
Communitv Development Department-Buildine Division
8. The following requirements shall be met to the satisfaction of the Building Division:
a. An engineered site plan showing all existing and proposed site conditions shall be submitted with
the application for a building permit.
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b. A level `B" soils report shall be submitted with the application for a building permit.
c. The project soils engineer shall review the project plans for compliance with the requirements of
the project's soil report.
d. An erosion control plan shall be submitted with the application for building permit. The erosion
control plan shall employ "Best Management Practices" and comply with all Storm Water
Pollution Prevention Plan requirements.
e. The improvement plans shall show all existing and proposed drainage facilities.
f. The improvement plan shall show the location of all existing and proposed sanitary sewer
facilities.
g. The improvement plan shall show all existing and proposed frontage improvements.
h. All frontage improvements shall be constructed in accordance with "Uniform Construction
Standards for Cities and County of Marin".
i. The project shall comply with all State mandated accessibility requirements.
j. An encroachment permit shall be required for all work in the public right of way.
9. A plumbing permit is required for the irrigation system and an electrical permit for the light
standards.
10. Prior to issuance of a building permit, the applicant shall submit evidence that the requirements of the
Marin Municipal Water District have been met.
11. All sewer connection fees shall be collected prior to the issuance of a building permit.
Public Works Deuartment
12. Frontage improvements should match the improvements shown on the approved Caltrans plans for
the Highway 101 Widening Project. Improvements must also comply with the Americans with
Disabilities Act (ADA) requirements.
13. Check existing drainage pipe, which will be in the Caltrans Right of Way. Replace the pipe and
drainage structure if necessary for the new traffic load.
14. Applicant to confirm with San Rafael Sanitation District the condition of existing sewer in the
easement, prior to development.
15. An erosion control plan is required.
16. A grading permit and a preliminary soil investigation report are required.
17. An encroachment permit from the City/State is required for work in the right of way.
18. Storm Water Pollution Prevention Requirements:
a. A Storm Water Pollution and Prevention Plan (SWPPP) shall be submitted with the Building
Permit application and be reviewed and approved by the Public Works Department.
b. An erosion control plan, in compliance with the Best Management Practice is required and shall
be included with the Building Permit plan submittal.
c. A Best Management Practice plan shall be included in the Building Permit plan submittal.
d. The refuse area shall be covered and bermed.
e. Roof leaders must be directed to landscape area.
f. Treat first 3/4" of the first 1" of rainfall on the project site.
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For any questions regarding the above storm water requirements, please contact Steve Zeiger at
415-485-3435.
San Rafael Sanitation District
19. The District has no requirements if connection is made to the exsiting sewer lateral. If connection is
made direct to the sewer main line, the District will require a set of plans showing where and how the
connection will be made and require the payment of a sewer connection fee.
Lot Consolidation Conditions
(S06-001)
1. Prior to occupancy of the parking lot, the Lot Consolidation (S06-001) shall be recorded with the
County of Marin.
2. The applicant shall submit a copy of the recorded deed to both the Community Development and
Public Works Departments reflecting recordation of the lot consolidation.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the forgoing resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council held Monday, the
3rd of April, 2006, by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
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JEA � M. LEONCINI, City Clerk