HomeMy WebLinkAboutCC Resolution 10898 (201 Third St.)RESOLUTION NO. 10898
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING USE PERMITS (UP
00-16 AND UP 01-32) AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED 00-
44) FOR A 16,172 -SQUARE -FOOT SHOPPING CENTER DEVELOPMENT LOCATED AT
171-181 THIRD STREET AND PARKING LOT USE AND SITE DESIGN IMPROVEMENTS
AT 201 THIRD STREET
(171-181 Third Street Shopping Center and 201 Third Street)
(APNs 014-161-22 & 23; 014-151-11)
The City Council of the City of San Rafael finds and determines that:
WHEREAS, Seagate Properties, on behalf of 171-181 Third Street Partners, LLC and
201 Third Street Partners, LLC, submitted application requests to the Community Development
Department, Planning Division to develop the 1.24 -acre site at 171-181 Third Street with a
16,172 -square -foot shopping center on two parcels, and to formally establish a parking lot use
and improve the vacant 0.88 -acre 201 Third Street site with frontage landscaping, an extension of
the walkway along the San Rafael canal and removal of cyclone fencing; and
WHEREAS, by adoption of a separate resolution the City Council has adopted a Re-
zoning request (ZC 01-01) for the three subject properties, which establishes the appropriate
Marine Commercial -Canal Overlay (MC -C) Zoning District for the properties; and
WHEREAS, upon review of the applications, an Initial Study/Mitigated Negative
Declaration was prepared for the project and made available for public review on April 4, 2001,
consistent with the requirements of the California Environmental Quality Act (CEQA); and
WHEREAS, the City Council adopted the Mitigated Negative Declaration by a adoption
of a separate resolution; and
WHEREAS, on April 24, 2001, and May 15, 2001, the City of San Rafael Planning
Commission held a duly noticed public hearing on the proposed Use Permit and Environmental
and Design Review Permit and recommended denial; and
WHEREAS, on August 6, 2001, the City Council held a duly noticed public hearing on
the proposed Use Permit and Environmental and Design Review Permit requests, considered the
recommendation of the Planning Commission, accepting all oral and written public testimony
and the written report of the Department of Community Development staff.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Use
Permit and Environmental and Design Review Permit requests based on the following findings
and conditions of approval:
FINDINGS
Master Use Permit Findings
(UP 00-16)
1. The proposed shopping center use at 171-181 Third Street is consistent with the General
Plan, the objectives of the Zoning Ordinance, and the purposes of the Marine Commercial -
Canal Overlay (MC -C) and Water (W) Districts in which the site is located given that: a) the
project proposes a commercial shopping center land use which is consistent with the General
Plan Marine -Related land use designation; b) the design is in compliance with the General
Plan Land Use and Design Policies in the Land Use Element, Canal/Bayfront Element and
Montecito 1 Happy Valley Neighborhood Plan and the Zoning Ordinance development
provisions in that the project includes Environmental and Design Review Permit review for
the site improvements, building design and landscaping; and the development complies with
the applicable site development standards with approval of a reciprocal parking agreement to
permit development on two parcels, and the project provides a physical connection with the
Montecito Shopping Center through design and parking improvements on the 201 Third
Street site, including a concurrent Use Permit request to formalize 201 Third Street as
overflow parking for the Montecito Shopping Center; c) a portion of the existing deck that
overhangs the canal right-of-way would be removed, and the boat dock which is proposed to
remain is compatible with the Water (W) District, and; d) the design has been reviewed for
consistency with the design criteria established for the Canal Overlay (-C) District.
2. 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 given that the development project has been
reviewed by the appropriate City Departments and local agencies which would serve the use,
their conditions have been incorporated into the project, and a Mitigated Negative
Declaration has been prepared for the project in compliance with the provisions of the
California Environmental Quality Act (CEQA) which analyzed potential impacts and
includes mitigation measures to ensure the project would not have a significant adverse
impact on the environment.
3. The proposed use complies with each of the applicable provisions of the Zoning Ordinance in
that the project complies with the site development and design standards of the Zoning
Ordinance, Use Permit approval has been granted for the proposed mix of commercial and
office uses, and a reciprocal parking agreement would be required to be recorded for the
project.
Environmental and Design Review Permit Findings
(ED 00-44)
1. The project design is consistent with the General Plan 2000, including the Land Use Policies,
Canal Bayfront and Montecito / Happy Valley Neighborhood Policies, the objectives of the
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Zoning Ordinance, and the purposes of Zoning Code Chapter 25 in that: a) the project
proposes appropriate site landscape, lighting and canal walkway improvements, building
designs are appropriate for the waterfront setting and neighborhood, storefronts orient
towards the canal, the intent of Section 14.16.080.D is met given the existing deck and
building on piers would be converted to use as a walkway which has a minimum depth of 25
feet, and the design provides visual access to canal; b) the project includes improvements to
the adjacent 201 Third Street property consisting of removal of cyclone fencing, installation
of frontage landscaping and the extension of the canal walkway to provide a visual and
pedestrian connection between the Montecito Shopping Center and the 171-181 Third Street
project which satisfies the intent of Canal/Bayfront Policy CB -21; and c) the project has been
reviewed by the Design Review Board, as required under Chapter 25, Design Review, which
considered all applicable design criteria, including the Canal Overlay (-C) District criteria,
and determined that the site and building design improvements were appropriate.
2. The project design is consistent with all applicable site, architecture and landscape design
criteria and guidelines for the MC -C District based on the discussion of the criteria in Finding
1 above.
3. The project design minimizes adverse environmental impacts based on the conclusions of the
Mitigated Negative Declaration prepared for the project as discussed further under Use
Permit Finding 2 above.
4. The project design will not be detrimental to the public health, safety or welfare, nor
materially injurious to properties or improvements in the vicinity based on the discussion in
the Draft Mitigated Negative Declaration prepared for the project and given that the project
has been reviewed by all relevant agencies and City Departments and conditioned
appropriately.
Use Permit Findings
(UP O1-32)
1. The proposed parking use at 201 Third Street is in accord with the General Plan, the
objectives of the Zoning Ordinance, and the purposes of the MC -C District in which the site
is located given that parking lots may be permitted subject to Use Permit approval and the
proposed parking lot would satisfy the overflow parking requirement for the adjacent
Montecito Shopping Center site to provide up to 60 seasonal/overflow parking spaces.
2. 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 given that the site is suited for use as an
overflow parking lot and is adjacent to the use which it serves.
3. The proposed use complies with each of the applicable provisions of the Zoning Ordinance in
that consistent with Zoning Code Section 14.18.220, the property owners of both 201 Third
Street and the Montecito Shopping Center (located at 209 through 425 Third Street) have
entered into a lease agreement that establishes the duration and purpose of the lease to
provide a minimum of 60 parking spaces for use by Montecito Shopping Center.
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CONDITIONS OF APPROVAL
Master Use Permit —171-181 Third Street Shopping Center
(UP 00-16)
Planning Division
1. This Master Use Permit approves the following development for the 171-181 Third Street
site:
a) Development of a shopping center in two buildings at 0.32 FAR, totaling 16,172 square
feet in area.
b) Uses shall be restricted to general commercial/neighborhood retail uses on the lower floor
levels of Building A and Building B, with general office uses on the upper floor of
Building A. Building A shall consist of a maximum of 7,070 gross square feet on the
ground floor and 6,227 gross square feet on the upper floor. Building B shall consist of a
maximum of 2,875 square feet of area.
c) The specific types of general retail and office uses shall be as permitted in the General
Commercial (GC) District. No fast food, convenience store, arcade, drive-through, or
similar uses that would promote vehicular traffic or pedestrian traffic crossing Third
Street shall be permitted.
d) Off-site parking of 12 spaces shall be permitted and provided for Building B (proposed
on Parcel One) on Parcel Two.
2. Prior to issuance of building permits, the applicant shall obtain the appropriate approvals (Lot
Line Adjustment) to create the two parcels for 171-181 Third Street as proposed on the
project site plan.
3. A reciprocal parking agreement and reciprocal access agreement shall be recorded prior to
occupancy of either building. The parking agreement shall stipulate that the parking for
Buildings A and B is met by combining the total number of parking spaces provided for both
parcels.
4. Any revisions to the proposed uses covered under the Use Permit shall be subject to review
and approval by the Community Development Director.
5. The Use Permit for 171-181 Third Street shall be subject to adoption of a Rezoning from the
Marine (M) and Marine -Canal Overlay (M -C) District to the Marine Commercial -Canal
Overlay (MC -C) District for the 171-181 Third Street and 201 Third Street properties, as
proposed under ZC 01-01.
6. Development of the property shall be subject to Environmental and Design Review Permit
approval (ED 00-85). The Use Permit approval shall be contingent upon the property owner
securing agreements between the 201 Third Street and Montecito Shopping Center owners to
provide and maintain a physical connection between these properties in order to provide a
link between the 171-181 Third Street and Montecito Shopping Center properties. The
connection shall consist of a canal walkway connection and landscape frontage
improvements.
7. This Use Permit shall be valid for two years, until August 6, 2003 and shall expire unless a
building permit has been issued or a timely request for extension has been filed. The time
period established for UP 00-16 shall also apply to all concurrent project approvals, i.e.
Environmental and Design Review Permit approval (ED 00-44).
Environmental and Design Review Permit
(ED 00-44)
Planning Division
8. This design approval is granted for site and building design improvements approved for
development of a Shopping Center Development at 171-181 Third Street, which includes
building, parking, landscaping and a canal walkway improvements, as well as landscaping,
canal walkway and fence removal improvements proposed for the 201 Third Street "parking
lot" site as indicated on the project plans presented for approval and indicated in the project
staff report describing the site and building materials, colors and details. Approved design
plans and exhibits are contained in the Planning Division file which include the plan sheets
titled 171 3rd Street Plaza, Sheets 1, A0.1, L-1. Cl, C2, A1.1, A1.2, A4.1, A4.2 dated
3/19/01 and stamped received on and/or after 3/29/01.
9. Plans submitted for building permit and site development shall conform with the building
techniques, materials, elevations and appearance of this project, as indicated on the plans,
reports and exhibits stamped approved in the project file. Any future revisions, additions,
expansions, remodeling, etc., shall be subject to the review and approval of the Community
Development Department, Planning Division.
10. The approved building colors shall be as indicated on the elevation and colors board which
portray medium gray corrugated metal siding, white trim, dark red metal windows.
11. A sign program shall be approved prior to installation of signage on the site. The sign
program shall be consistent with the conceptual sign plan indicated on the project plans. The
final sign details, as indicated in the conceptual sign plan, shall be subject to review by the
Design Review Board and approval by the Community Development Director.
12. Prior to issuance of a building permit, the applicant shall comply with conditions of the
Marin Municipal Water District to obtain water service to the new buildings. Verification of
compliance shall be submitted at time of building permit application.
13. Prior to issuance of a building permit, the applicant shall provide verification the final
landscape and irrigation plans have been approved by the Marin Municipal Water District.
14. Detailed final landscaping and lighting plans, including a photometric plan, shall be
submitted for review and approval by the Design Review Board prior to issuance of a
building permit.
15. The final landscape plans shall include the final walkway, landscape frontage and site
improvements proposed for 201 Third Street that were required to provide a visual
connection to the Montecito Shopping Center. Native or compatible landscape vegetation
shall also be planted along the bank of the canal of the 201 Third Street site to match the
landscaping along the Montecito Shopping Center site, consistent with the recommendations
of the State Department of Fish and Game and project plans.
16. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and
debris. Prior to final occupancy, the applicant shall provide a two-year maintenance contract
for landscaping or post a two-year maintenance bond to ensure landscaping conditions are
met and plantings have established.
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17. The lighting plan shall verify that lighting intensity shall comply with the 1 foot-candle
intensity proposed for the site, and ensure light is directed downward and shielded so that it
does not create excessive glare, or spillover onto adjacent properties and the canal zone.
18. After installation and occupancy of the site, all lighting shall be subject to a thirty (30) day
review period to verify compliance.
19. The portion of the deck overhanging the canal right-of-way shall be removed, or an
encroachment permit obtained as required by the Department of Public Works.
20. A minimum four -feet of clearance shall be maintained for sidewalks located between any
building out -swinging doors and overhanging parking spaces.
(Air Quality)
21. All active construction areas shall be watered at least twice daily. A water truck or
equivalent method shall be in place prior to commencing grading operations.
22. All trucks hauling soil, sand, and other loose materials shall be covered, or trucks shall
maintain at least two feet of freeboard.
23. All unpaved access roads, parking areas and staging areas on-site shall be paved, water shall
be applied three times daily or non-toxic soil stabilizers shall be applied.
24. All paved access roads, parking areas and staging areas at construction sites shall be swept
daily with water sweepers.
25. Adjacent public streets shall be swept daily with water sweepers if visible soil material is
carried onto adjacent public streets.
26. Excavation and grading activity shall be suspended when wind gusts exceed 25 miles per
hour.
27. The air quality mitigation measures (condition nos. 21 through 26, and condition no. 28)
shall be noted on the final grading plans prepared for the project or on a separate construction
logistics plan submitted for review and approval by the Community Development
Department prior to issuance of permits.
28. The project proponent shall inform the contractor, general contractor or site supervisor of
these requirements and shall be responsible for informing subcontractors of these
requirements and for implementing these measures on the site.
(Biological Resources)
29. Prior to issuance of permits or commencement of construction or grading activities, the
developer shall implement the following measures:
a) Install netting or screen material below the dock to prevent access for birds prior to dock
re -construction. The material shall be installed during the non -breeding season
(September -March). Prior to issuance of a building permit, the developer shall provide
verification that this has been completed during the non -breeding season, in compliance
with the recommendations of a qualified biologist.
b) Prior to issuance of permits, pre -construction breeding surveys shall be conducted by a
qualified professional to determine if birds are nesting on-site. If birds are nesting,
measures to avoid disturbance during the breeding season (April - August) shall be taken
by conducting construction activities during the non -breeding season. A copy of the
survey shall be provided to the Planning Division at the time of permit application.
c) If birds are nesting and construction is to be proposed during the breeding season, the
developer shall provide a construction logistics plan with the permit application which
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details how activities will be coordinated to avoid disturbance of the nesting areas. The
plan shall be certified by a qualified professional biologist.
d) If birds are discovered to be nesting, the State Department of Fish and Game shall be
consulted as soon as possible. A copy of the breeding bird survey shall be provided to
the State Department of Fish and Game for review prior to issuance of building permit.
(Cultural Resources)
30. In the event that archaeological features, such as concentrations of artifacts or culturally
modified soil deposits including trash pits older than fifty years of age, are discovered at any
time during grading, scraping, or excavation within the property, all work shall be halted in
the vicinity of the find, the Planning Division shall be notified, and a qualified archaeologist
shall be contacted immediately to make an evaluation. If warranted by the concentration of
artifacts or soils deposits, further work in the discovery area shall be monitored by an
archaeologist.
(Hazards and Hazardous Materials)
31. Any remaining underground storage tanks (UST's) shall be removed or concreted in place, as
required by the City of San Rafael Fire Department (SRFD) and the Building Division.
32. An investigation shall be conducted to discover if an underground waste oil storage tank is in
place near the southwest corner of the service bays of the former service station at 171 Third
Street. Plans for removal of the tanks, if any, shall be approved by the SRFD prior to
issuance of grading permits for the project.
33. An oil/water separator in the southwest corner of the service bays of the service station
building, as observed in the Woodward -Clyde Consultants investigation report of August 5,
1993, shall be removed and possible contamination of that area addressed at the time of
development. Plans and reports addressing the extent and removal of contamination shall be
approved by the SRFD prior to issuance of grading permits for the project.
34. To minimize the potential for release of residual contamination through site disturbance from
grading and construction activities, implement dust control mitigation measures (conditions
21 through 26).
(Hydrology and Water Quality)
35. The developer shall submit an erosion control plan for review and approval by the City
Engineer (e.g. Building Official and Department of Public Works) prior to issuance of
grading permits for the site. The erosion control plan shall be based on and include "best
management practices" (BMP's), as described in the BMP Sheet provided by the City Public
Works Department, Stormwater Pollution Program Manager.
36. To mitigate against potential water quality impacts from grading and construction activities,
implement the paving and street sweeping condition nos. 21 through 28.
37. The developer shall prepare a Stormwater Pollution Prevention Program (SWPPP) for review
and approval by the City of San Rafael Public Works Department, Stormwater Program
Manager prior to issuance of a building permit.
(Noise)
38. Holes for piles shall be pre -drilled to the maximum feasible depth and the tips of piles shall
be pointed to shorten the time required to drive piles and minimize noise and vibration. This
method, or an equivalent construction technique which minimizes pile driving impacts, shall
be specified in the construction drawings.
39. Pile driving activities shall be scheduled Monday through Friday, 8 a.m. to 5 p.m., to
minimize impacts on adjacent uses. A minimum of 72 hours before starting pile driving
activities, the developer shall notify the adjacent high school, businesses and residents within
300 feet of the pile driving schedule. Activities shall be scheduled to minimize the impact on
the school during hours of instruction.
Building Division
40. An engineered site plan showing all existing and proposed site conditions shall be submitted
with the application for a building permit.
41. A level `B" soils report shall be submitted with the application for a building permit.
42. The project soils engineer shall review and approve the plans submitted for a building permit
for compliance with the recommendations of the project soils report.
43. All earth and foundation work shall be performed under the direction of the project soils
engineer and a final construction report shall be submitted to the City prior to a final
inspection.
44. No mass grading shall occur between October 1 and April 15 without the permission of the
City Engineer.
45. An erosion control plan addressing erosion during and after construction shall be submitted
with the application for a building permit.
46. The site shall be "winterized" and all erosion control measures shall be in place prior to the
first day of October.
47. The erosion control plan shall be based on " Best Management Practices".
48. The final finished floor elevation shall be at elevation +7.0 M.S.L. or higher after 30 years
settlement. Certification of the floor elevation shall be provided by a registered engineer or
licensed surveyor prior to approval of the building final inspection.
49. The site plan shall show all existing and proposed drainage conditions.
50. The site plan shall show all existing and proposed sanitary sewer facilities.
51. Any new connections to the sewer main in the street shall require an encroachment permit.
52. The improvement plans shall show all existing and proposed frontage improvements
53. All frontage improvements shall be constructed in accordance with the "Uniform
Construction Standards for the Cities and County of Marin."
54. An encroachment permit shall be required for the construction of any frontage improvements.
55. All existing curb, gutter, and sidewalk damaged during construction shall be replaced to the
satisfaction of the city engineer.
56. The improvement plans shall show all existing and proposed site utilities.
57. All utilities shall be underground.
58. The existing bulkhead along the San Rafael Canal shall be reconstructed to the satisfaction of
the City Engineer.
59. A guardrail shall be installed along the bulkhead adjacent to the San Rafael Canal.
60. Prior to issuance of any permits, the San Rafael Canal construction and freeway lines shall be
shown on the project engineered site plan. Construction and freeway lines are shown on the
record of surveys at page 16.
Public Works
61. The project shall employ best management practices (BMP's) during site construction and
grading. A standard BMP sheet shall be attached to construction plans submitted for building
permit.
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62. A stormwater pollution prevention permit (SWPPP) shall be obtained from the Department
of Public Works.
63. The applicable traffic mitigation fee for 44 new PM peak trips shall be paid at the time of
building permit. The fee for the project is estimated at $26,410.00. The fee was calculated
based on 17 office trips x the $950.00 current Downtown fee (total $16,150), plus 27 retail
trips x 0.4 (60% retail discount) x $950.00 current Downtown fee (total $10,260.00). The
final fee amount shall be verified at the time of building permit issuance.
64. Any proposed change of the retail/office use mix shall be subject to approval by the City
Traffic Engineer.
65. Oversize construction vehicles shall obtain a permit from the Department of Public Works to
establish designated haul routes and limit hauling activities outside of peak hours.
Fire Department
66. No Parking Fire Lane signs and curb markings shall be installed for all access roadways,
parking lots, and driveways as specified by the Fire Marshal (Conforming to Fire Prevention
Standard 204).
67. A Fire Department approved Knox Keyway System shall be installed (conforming to Fire
Prevention Standard 202).
68. Addresses shall be posted (conforming to Fire Prevention Standard 205).
69. Based on Uniform Building Code or Fire Code requirements, an automatic fire sprinkler
system shall be installed throughout, conforming to NFPA Standard 13.
70. The alarms from fire detection systems and commercial fire sprinkler systems shall be
monitored by a UL Central Station Company approved by the San Rafael Fire Department
and be issued a UL serially numbered certificate for Central Fire Station Alarms.
71. A permit application shall be submitted to the Fire Prevention Bureau with two sets of plans
for review prior to installation of automatic and fixed fire extinguishing and detection
systems. Specification sheets for each type of device shall also be submitted for review.
72. Prior to construction, any remaining underground fuel storage tanks shall be grouted in-place,
if not already grouted. If removed, a permit shall be obtained.
73. Prior to construction, a permit shall be obtained for removal if a waste oil separator and/or
underground waste oil storage tank are found in the service bays of the 171 Third Street
building.
Police Department
(Address)
74. The street numbers shall be displayed in a prominent location on the street side of the
property in such a position that the number is easily visible to approaching emergency
vehicles. The numbers shall be no less than 12 -inches in height and shall be of contrasting
color to the background to which they are attached. The address numbers shall be
illuminated during darkness.
75. Each individual unit within the complex shall display prominent identification number not
less than 6 inches in height, which is easily visible to approaching vehicular or pedestrian
traffic.
76. The street address and any internal complex addresses shall be in sequence with the
numerical order of the street/building.
D
(Exterior Lighting)
77. All exterior lighting shall be sufficient to establish a sense of well-being to the pedestrian and
sufficient to facilitate recognition of persons at a reasonable distance. Type and placement of
lighting shall be to the satisfaction of the Police Department, Crime Prevention Officer.
78. All exterior lighting shall be vandal resistant.
79. All exterior lighting shall be on master photoelectric cell set to operate during hours of
darkness.
80. The minimum of one foot-candle (lfc) at ground level overlap shall be provided in all
exterior doorways and vehicle parking areas.
81. The minimum of one-half foot-candle (1/2fc) at ground level overlap shall be provided on
outdoor pedestrian walkways.
82. Lights inside any proposed 24 hour use areas shall remain lighted during hours of darkness.
(Exterior Fixtures)
83. Exposed roof vents and ducts shall be grated or constructed of an impact resistant material to
the satisfaction of the Police Department. Skylights shall be secured and hatch openings
shall be burglary resistant. Glazing shall be of a burglary resistant glass or glass -like material.
(Exterior Doors)
84. All exterior man doors shall be of solid core construction with a minimum thickness of one
and three fourths inches (1-3/4") or with panels not less than nine sixteenth inches (9/16")
thick.
85. Both locking mechanisms shall be interconnected so that both may be disengaged by turning
the doorknob from inside.
86. Metal framed glass doors shall be set in metal door jambs.
87. Metal framed glass doors shall have a dead bolt lock with a cylinder guard and a hardened
steel throw that is a minimum of one inch long.
88. Exterior jambs for doors shall be so constructed or protected so as to prevent violation of the
function of the strike plate from the outside. The strike plate shall be secured to the jamb by
a minimum of two screws which must penetrate at least two inches into the solid backing
beyond the jamb.
89. Delivery doors shall have a door viewer that provides a minimum of 180 degrees peripheral
vision.
90. Exterior doors that swing outward shall have non -removal hinge pins.
91. In -swinging exterior doors shall have rabbeted jambs.
92. Glass on exterior doors or within 40 inches of an exterior door shall be break resistant glass
or glass -like material to the satisfaction of the Police Department.
93. Any glass sliding doors shall have a secondary dead -bolt lock to the satisfaction of the Police
Department
(Windows)
94. All windows within 12 feet of the ground level shall have a secondary lock mounted to the
frame of the window. The secondary lock shall be a bolt lock and shall be no less than 1/8
inch in thickness. The lock shall have a hardened steel throw of 1/2 inch minimum length.
95. Louvered windows shall not be installed within 8 feet of the ground level.
96. Any window within 40 inches of an exterior door shall be stationary and non -removable.
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(Roof Access)
97. Perimeter walls, fences, trash storage areas, etc., shall be built to prevent access to the roof or
balconies.
98. Permanently fixed ladders leading to roofs shall be fully enclosed with sheet metal to a height
of 10 feet. This covering shall be locked against the ladder with a case hardened hasp
secured with non -removable screws or bolts. If a padlock is used, it shall have a hardened
steel shackle, locking at both heel and toe, and have a minimum of 5 pin tumbler operation.
(Landscaping)
99. Barrier or thorny plants may be added to those locations desired by applicant to deter access
to windows or other areas. A list of barrier plants is available from the SRPD Crime
Prevention Office at (415) 485-3114.
100. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture.
Future growth of landscaping must be considered. Applicant is cautioned to beware of
creating a haven for homeless or transient trespassers.
(Street Access - - Parking - Location)
101. Signs shall be posted and driveways/curbs/parking areas shall be painted red which have
emergency access lanes.
102. The building shall be designed to be radio friendly so that Police and Fire Department
portable radios can transmit and receive while personnel are in the buildings.
103. The building shall be wired for alarm systems.
104. Any alternate materials or methods of construction shall be reviewed with the Crime
Prevention Officer before installation.
105. The Crime Prevention Officer shall be allowed to inspect and approve the construction
prior to occupancy.
Use Permit — 201 Third Street Parking Lot
UP (01-32)
1. This Use Permit (UP 01-32) approves a parking lot use at 201 Third Street, as portrayed
on the project Site Plan sheet A0.1 stamped received July 16, 2001, to provide a
minimum of 60 parking spaces reserved for lease by Montecito Shopping Center (located
at 209 through 475 Third Street) to satisfy the center's overflow parking requirements,
including the requirements of ED 87-98 and amendments. Additional parking may be
provided over and above the minimum 60 spaces, as feasible. The applicant may request
amendments to this Use Permit, as provided by the City of San Rafael Zoning Ordinance.
2. Prior to issuance of any building permits, applicants shall submit for City Attorney
approval a fully executed lease for a minimum 15 year term between Montecito Shopping
Center (209 - 475 Third Street) and 201 Third Street owners providing exclusive parking,
for a minimum of 60 vehicles, for use of Montecito Shopping Center (MSC). The lease
shall expressly limit the use of the leased property to parking for MSC and shall contain
language that any modification of the term or termination of the lease earlier than
expiration of a 15 year term shall require written consent of the City.
3. Prior to termination of the lease agreement, Montecito Shopping Center shall take the
steps necessary to ensure the overflow parking requirements established for Montecito
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Shopping Center under ED 87-98 and subsequent project approvals and amendments
granted to the site, are addressed.
4. The Use Permit shall be subject to the design approvals granted for the site under ED 00-
44. The lease agreement shall be executed prior to occupancy of the development
proposed at 171-181 Third Street.
5. The final parking and site improvement plan shall be submitted for review and approval
by the Community Development Department, Planning Division.
6. The Use Permit approval shall be valid concurrent with ED 00-44 and shall be null and
void unless inaugurated prior to the expiration date of ED 00-44.
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
City Council held Monday, the sixth of August, 2001, by the following vote, to wit:
AYES: Councilmembers: Heller, Miller, Phillips and Mayor 8oro
NOES: Councilmembers: done
ABSENT: Councilmembers: Cohen
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JE 'E M. LEON-CN,I, City Clerk