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HomeMy WebLinkAboutCC Resolution 7881 (Ambassy Suites)RESOLUTION NO. 7881 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A MITIGATED NEGATIVE DECLARATION & SETTING FORTH FINDINGS FOR REZONING OF PROPERTY ON MCINNIS PARKWAY, EAST OF CIVIC CENTER DRIVE (EMBASSY SUITES) WHEREAS, pursuant to Title 14 (Zoning) of the San Rafael Municipal Code, an amendment to rezone that certain real property on McInnis Parkway, east of Civic Center Drive, and more particularly described in Exhibit "A" hereto, was initiated by the property owner as application No. 288-1; and WHEREAS, on December 13, 1988, the Planning Commission adopted Resolution 88-22 finding the proposed amendment would not create any significant adverse impacts and recommending to the City Council the approval of a Mitigated Negative Declaration; and WHEREAS, on December 13, 1988 the Planning Commission adopted Resolution 88-23 setting forth findings, recommending to the City Council approval of said Rezoning, and concurrently granting Commission approval of Use Permit and Subdivision applications; and WHEREAS, the City Council has reviewed and considered the minutes of all Planning Commission meetings, staff's reports to the Planning Commission, and Planning Commission Resolutions 88-22 and 88-23; NOW, THEREFORE BE IT RESOLVED that the San Rafael City Council concurs in and adopts as its own the findings contained in Planning Commission Resolutions 88-22 and 88-23; attached hereto; and BE IT FURTHER RESOLVED that the San Rafael City Council finds that there is no substantial evidence in the record showing that the project may have a significant effect on the environment, and approves the Mitigated Negative Declaration for Z88-1. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday , the 19th day of December 1988, by the following vote, to wit: L R � G %N6 A AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 2 ACNE M. LEONINI, City Clerk EXHIBIT 'A' REAL PROPERTY SITUATED IN MARIN COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: ALL OF PARCEL ONE, AS SHOWN ON THE "PARCEL MAP OF CIVIC CENTER NORTH" RECORDED AUGUST 26, 1985, IN BOOK 23 OF PARCEL MAPS, AT PAGE 52, MARIN COUNTY RECORDS. END OF DESCRIPTION. RESOLUTION NO. 88-22 RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING AND RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR A 236 -ROOM FIVE STORY HOTEL (THE PROJECT) TO BE LOCATED ON MCINNIS PARKWAY, APN 180-410-03. WHEREAS, following a review of the project proposal, an Initial Study was prepared for the project by the City of San Rafael (City) staff after a determination that the City is the Lead Agency for the environmental review of the project; and WHEREAS, 'the Initial Study determined that a Negative Declaration should be prepared for the project; and WHEREAS, prior to Planning Commission public hearings held to consider the Negative Declaration and the merits of the project, notice that the Lead Agency proposed adoption of a Negative Declaration was provided to the public by publication in a newspaper of general circulation in the area of the proposed project, by direct mailing to owners of property contiguous to the project and by direct mailing to other organizations and individuals, including those who had previously requested such notice; and WHEREAS, noticed and/or continued public hearings for the project applications and the Negative Declaration were held before the Planning Commission on September 13, September 27, October 11, October 25, November 15, November 29, and December 13, 1988; and WHEREAS, public comment on environmental issues and the Negative Declaration was accepted by and considered by the Planning Commission during the public hearings, in conjunction with information contained in the proposed Negative Declaration and contained in staff reports (incorporated by reference 1 herein) prepared for the public hearings; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission finds it has considered the mitigated Negative Declaration together with comments received during the public review process and the Planning Commission finds on the basis of the Initial Study, information contained within staff reports for the noticed public hearings, and comments received that there is no substantial evidence that the project will have a significant effect on the environment; and BE IT FURTHER RESOLVED that the Planning Commission approves and recommends to the City Council approval of the Negative Declaration; and BE IT FURTHER RESOLVED that this resolution shall take affect upon its adoption. The foregoing resolution was adopted at the regular San Rafael Commission meeting held on December 13, 1988. Moved by Commissioner O'Brien and seconded by Commissioner Cobb AYES COMMISSIONERS: Cobb, Scott, Livingston, O'Brien, NOES COMMISSIONERS: RifkindCohen ABSENT COMMISSIONERS: None ABSTAIN COMMISSIONERS: Walz SAN RAFAEL PLANNING COMMISSION ATTEST BY: CURTZ0rTON, SECRETARY SUE SCOTT, CHAIRMAN RESOLUTION NO. 88-23 RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION SETTING FORTH FINDINGS, RECOMMENDING TO CITY COUNCIL CONDITIONAL APPROVAL OF A REZONING APPLICATION AND CONDITIONALLY APPROVING USE PERMIT AND SUBDIVISION APPLICATIONS FOR A 236 ROOM HOTEL (THE PROJECT) TO BE LOCATED ON MCINNIS PARKWAY APN 180-410-03. WHEREAS, applications for rezoning, use permit and subdivision approval have been filed with the City for the project; and WHEREAS, the Planning Commission held public hearings on September 13, 1988, September 27, 1988, October 11, 1988, October 25, 1988 and November 29, 1988 to consider adoption of a Mitigated Negative Declaration and to consider approval of the merits of the project applications; and WHEREAS, the Planning Commission on December 13 1988, approved a Mitigated Negative Declaration for the project by adoption of Resolution No. 88-22; and WHEREAS, the Planning Commission has received, reviewed and considered information contained in staff's report for each public hearing, together with oral comments and documentation presented during each public hearing; and WHEREAS, the Planning Commission has considered the consistency of the project applications with the General Plan 2000, and has reviewed, concurs in and adopts as its own the findings of consistency with General Plan 2000 policies as set forth in Exhibit A; and WHEREAS, the Planning Commission has reviewed and concurs in the recommended conditions of approval contained in Exhibit B; and 01 NOW THEREFORE BE IT RESOLVED the Planning Commission finds the project applications for rezoning, use permit and subdivision to be consistent th the General Plan 2000 as set forth in Exhibit B; and BE IT FURTHER RESOLVED the Planning Commission finds the establishment, maintenance or operation of the hotel use and/or structures applied for will not under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons in the neighborhood of the proposed hotel use, or be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of the City; thus warranting consideration of approval of the requested use permit; and BE IT FURTHER RESOLVED the Planning Commission recommends City Council approval of Zone Change 88-1 subject to conditions as set forth Exhibit B; and BE IT FURTHER RESOLVED the Planning Commission approves Use Permit 88-9 and subdivision 88-2, subject to the conditions contained within Exhibit B; and BE IT FURTHER RESOLVED that this resolution shall take affect upon its adoption. The foregoing resolution was adopted at the regular San Rafael Planning Commission meeting held on December 13 1988. Moved by Commissioner O'Brien and seconded by Commissioner Cobb rA AYES COMMISSIONERS: Cobb, Scott, Livingston, O'Brien, Rifkind NOES COMMISSIONERS: Cohen ABSENT COMMISSIONERS: None ABSTAIN COMMISSIONERS: Walz ATTES� Curt Jns on, Secretary 3 SAN RAFAEL PLANNING COMMISSION b Y' :�P�/�-C Sue Scott, Chairman EXHIBIT A GENERAL PLAri 2000 COMPLIANCE FINDINGS EMBASSY SUITES HOTEL Z88-1, UP88-9, ED88-4 & S88-2 Per Planning Commission Approval December 13, 1988 The following are findings of the consistency of the Embassy Suites Hotel proposal with those policies of the General Plan 2000 policies which have been determined applicable to the project: 11LU-1 Timing of Development. For health, safety and general welfare reasons, new development is to be constructed consistent with the following policies: a. Circulation: New development may be constructed only after needed circulation project funding has been guaranteed, circulation project and environmental review has been completed, and findings have been made that the time frame for completion of the needed circulation improvements will not cause LOS D to be exceeded." Findinas. Portions of LU -1, other than stated above, do not apply to the project. Funding of the Merrydale Overcrossing, which is a circulation project needed for the hotel project, has been guaranteed by assessment district. Environmental review for the Merrydale Overcrossing has been completed by Caltrans, resulting in a Finding of No Significant Impact/Negative Declaration. As described in the project Negative Declaration and as further described in staff's report to Planning Commission for the September 13 and 27, 1988 meetings, the traffic of the hotel project added to the existing traffic at the intersection of Civic Center Drive and the Freitas Parkway Northbound Highway 101 ramps will not cause LOS D to be exceeded prior to completion of the Merrydale Overcrossing.f As similarly described, addition of the traffic from the hotel project together with traffic from the other possible development projects listed in a memorandum from the City Traffic Engineer dated 7/6/88, could cause LOS low D at the intersection prior to the completion of the Merrydale Overcrossing scheduled for Summer 1990. General Plan Policy C-2 establishes LOS mid D as a minimally acceptable standard for most circumstances. A 1 Although the LOS low D projected for the hotel traffic plus traffic from other projects would not comply with the mid D standard of policy C-2, another General Plan policy, namely NG -3, allows exceptions to the LOS mid D limitations. A portion of policy NG -3 states: "Development which has provided assessment district funding for the Merrydale Overcrossing improvements may proceed." Since the hotel is to be located on property which has funded the Overcrossing assessment district, the proposed hotel fulfills the policy NG -3 criteria for an exception to the LOS mid D standard which might other -wise apply by virtue of polices LU -1 and C-2. Because of the exception allowed by policy NG -3, the hotel project is found to be consistent and in compliance with policies LU -1 and C-2. "LU -13 Commercial and Industrial Land Use Categories. C. General Commercial: General retail and service uses; restaurant; automobile sales and service uses; hotel/motel; ancillary offices." Findincrs. The proposed hotel is consistent with the General Commercial land use category. Subsections a, b and d through j of LU -13 do not apply to the hotel project. "LU -14 Intensity of Commercial and Industrial Development." (This policy establishes Floor Area Ratios (FARs) for different areas of the City, including a FAR of 0.3 for all commercial and industrial uses in the Northgate Area.) Findinus. The proposed hotel FAR exceeds 0.3. Pursuant to policy LU -45, hotels in Northgate are exempt from FAR limits applicable to commercial uses. The proposal is therefore consistent with LU -14 pursuant to the exemption of LU -45. The remaining provisions LU -14 do apply to the project. "LU -16 Master Plan Zoning. Master plan all commercial and industrial sites greater than five acres in size." A 2 GENERAL PLAN 2000 COMPLIANCE FINDINGS Findincrs. The 6.2 acre project site is zoned P- D, a master plan zoning district. The existing zoning is to be amended to accommodate 236 hotel rooms, in lieu of the 200 rooms allowed by the existing master plan zoning. The existing and proposed zoning are consistent with LU -16. 11LU-19 Design Approach. Agencies responsible for design review shall be proactive to ensure that excellence of design shall be required of all new development. Project design shall enhance important community entryways, major travel corridors, major linkages and waterways. New development and redevelopment shall harmonize style, intensity and type of new residential, commercial or industrial construction with the natural environment and respect the unique needs and features of each area. The project should also be designed in relation to the surrounding area." Findings. The Planning Commission intends to ensure excellence of design through future Environmental and Design Review approval processes. The project site is not located at an important community entryway, and therefore- need not enhance entryways. The proposed building is set back one third mile from the major travel corridor of Highway 101. The project design enhances the waterway of the South Fork of Gallinas Creek by appropriate setbacks, native landscaping and other design features. The proposal is of harmonious style, intensity and relation with the natural environment and unique needs and features of each area, in that the project has been designed to minimize and mitigate any affect upon the creek channel and designed to compliment and provide access to the adjoining Marin County Auditorium and Exhibition buildings. The proposal is consistent with LU -19 for purposes of granting zoning use/permit and subdivision approvals. An additional finding, of compliance with LU -19 should be made prior to Environmental and Design review approval. "LU -20 Overall City Character. The "small town" character of San Rafael shall be retained by 1) maintaining the historic design character and pedestrian scale in orientation of core downtown developments; 2) retaining the existing suburban scale of development of els awhere in San Rafael with increasing attention paid to unifying landscaping standards, setbacks A 3 GENERAL PLAN 2000 COMPLIANCE FINDINGS connections and the design image of individual areas." Findinas. Phrase 1) does not apply to the project. The proposed five story scale of the project does not conflict with the suburban scale of development elsewhere in San Rafael. The proposed 54 foot predominant height of the hotel is less than portions of the nearby County Auditorium. The size of the hotel footprint is compatible with the footprints of the County Auditorium and Exhibition buildings. The hotel footprint is substantially smaller than the County offices building. Unifying landscaping standards have been proposed for the hotel in conjuction with the nearby previously approved McInnis Parkway landscaping for the Marin Lagoon project. Building setbacks have been designed to meet or exceed setbacks of the zoning standards and the General Plan policies with respect to McInnis Parkway and the Creek. A pedestrian connection and access for a vehicular connection from the hotel to the adjoining Marin County land uses are included in the project. 11LU-20' Building Heights. Allow building heights to three stories or 36 feet where more varied setbacks and increased landscaping will result. Certain sites identified on the Downtown Floor Area Ratios and Height Limits map and Lincoln Avenue residential sites may be up to four stories or 48 feet to achieve more intensive floor area ratios or residential densities, consistent with design policies. Height Limits in predominantly single family areas shall continue to be lower than three stories or 30 feet. Buildings existing and approved as of 1-1-87 more than three stories in height shall not be considered non conforming. An additional one story may be considered as result of Design Plans identified in LU -p." Findings. Hotel heights in excess of three stories are allowed pursuant to policy LU -45. A proposal consistent with LU -45 therefore does not conflict with LU -20. "LU -32 Water Conservation. Require conserving landscaped design and fixtures types in all development." Findinas. The proposed hotel is to use reclaimed A 4 GENERAL PLAN 2000 COMPLIANCE FINDINGS water for landscaping irrigation and is consistent with LU -32. 11LU-35 Project Design Considerations. Following are some overall criteria to be used in evaluating excellence in project design: a. sensitivity to natural landscape and site features b. compatibility of colors, materials, scale and building and site design with surrounding development C. use of high quality building materials d. creation of interest and building elevation including large overhangs, projecting windows/doors, varied setbacks, pedestrian - oriented features, etc. e. provision of variations of in large complexes (roof lines, color/materials, window treatment) f. screening of parking and distribution of parking to provide easy access to units/building entrances g. attractive screening of equipment consistent with overall project design h. provision of good vehicular and pedestrian access and circulation on-site and in relation to surrounding area i. building orientation to meet solar requirements, provide southern exposure and other "passive" energy conservation measures. j. incorporation of site/project amenities an attractive landscaping k. incorporation of fire/police safety concerns 1. provision of a sense of entry M. variation in building placement" Findinas. The proposal includes planting of native materials within the Natural Area, demonstrating sensitivity to natural landscape and site features. The 54 foot predominant height of the hotel is less than the height of the stage of the Marin Center Auditorium and is compatible with the scale of that building. The site design, which includes ornamental landscaping within parking areas, native vegetation along the creek and native vegetation within the Natural Area, is compatible with the surrounding development. The pedestrian bridge and walkways create pedestrian -oriented features. The parking lot has been designed to provide easy access to the front A 5 GENERAL PLAN 2000 COMPLIANCE FINDINGS entrance of the hotel for guests and to the rear entrance for employees. The proposed areas of landscaping provides screening of parking areas. Mechanical equipment is to be located in screened ground level areas. The site design incorporates good vehicular and pedestrian access, and the pedestrian bridge and access easement provide good access to the adjoining County property. The building has been oriented to the extent feasible to meet solar requirements, provide southern exposure and other "passive" energy conservation measures, given the concomitant need to create the number of rooms and other facilities within the project site. The:: proposed landscaping, walkways and pedestrian bridge will furnish site/project amenities and attractive landscaping. The proposed porte cochere provides a sense of entry. Since only one building is proposed, its placement does not conflict with the specification for variation in building placement. The project design, for purposes of granting zone change, use permit and subdivision approvals, is consistent with LU -35 a, f, h, i , j, 1 and m; an additional finding of compliance with LU -35 b, c, d, e, g and k should be made prior to Environmental and Design Review approval. 11LU-36 Additional Community Design Map Considerations. In addition to project design considerations, Community Design Maps A and B identify some of the important design attributes and concerns of the community relating to specific area features to be considered in evaluating projects for high quality design. d. Creeks and Drainage Ways. preserve and enhance for wildlife/scenic values use as pedestrian and bicycle access corridors where feasible require adequate setbacks for maintenance, erosion control, access where feasible" Findinns. The project will preserve wildlife/scenic values by not permanently encroaching upon the creek wetlands other than for construction of pedestrian bridge supports. The proposed Natural Area will enhance wildlife/scenic values. A pedestrian path along the creek is not proposed in order to minimize human intrusion into the wetland habitat. The project proposal includes a setback of improvements GENERAL PLAID 2000 COMPLIANCE FINDINGS and a maintenance access easement along the entire creek frontage. The proposal is consistent with LU - 36 d. The remainder of LU -36 does not apply. 11LU-45 Hotels. Encourage development of hotels in commercial and industrial areas and allow hotel and motel development in some multiple family areas with strict design and use control. In the traffic sensitive areas of Northgate, East San Rafael and Francisco Boulevard West, hotels are exempt from FAR limits applicable to other commercial uses; site peak hour trip allocation shall be used as the basis for establishing the size of a hotel building. Hotels are allowed up to a four story height. Upon demonstration to the Planning Commission of the necessity of a building height up to five stories to achieve a viable hotel development, the City may approve such additional height following a finding of significant community benefit and acceptable design consistent with City design policies." Findincrs. The site peak hour trip allocation specified for a hotel by the General Plan 2000 is 146 trips. The peak hour trip generation from the proposed 236 hotel is 157 peak hour trips, 11 more than the allocation. Pursuant to a finding made for policy C-5, a transfer of 11 peak hour trips is to be made for the hotel site. The transfer creates an allocation of 157 peak hour trips, for which the proposed hotel size is appropriate. The applicant has filed and prested information to demonstrate the necessity of a building height up to five stories to achieve a viable hotel development. The information includes the foll wing: Applicant's oral presentation to Planning Commission November 29, 1988 Letter from Danial Robin itz the Woodmont Company to Dwight Winther, dated November 17, 1988 Letter from Whitney Carp nter, Laventhol & Horwath to Cece Bridges, dat d October 6, 1988 Applicant's oral presentation September 13, 1988 Letter from Edward Stefoniak, the Woodmont Companies, to Anne Moore dated July 8, 1988 The information filed and presented constitutes an adequate demonstration of the necessity of a building A 7 GENERAL PLAN 2000 COMPLIANCE FINDINGS height of five stories to achieve a viable hotel development. Upon review of the information filed and presented by the applicant and City staff, it is found that the tax revenues, in particular the transient occupancy taxes projected to be generated by the Embassy Suites hotel together with the conference facilities which can support improved utilization of the adjoining Marin County Auditorium and Exhibition building, constitute significant community benefit which warrants a five story building height. Upon review of the applicant's site plans and building plans, the following elements of the hotel proposal are found to be acceptable design consistent with City design policies: 1. The site plan, consisting of: the size of the building footprint; the location of building footprint; the shape of building footprint; the setbacks of the building and parking areas from perimeter property lines and the creek; and the location and design of parking spaces access aisles and other site improvements. 2. A building mass five stories high, other than for the one story conference center; a mass including a maximum of 236 suites, a 10,000 square foot conference center and a central atrium extending from ground level to the ceiling of the fifth floor. Given the need for the applicant to complete the Environmental and Design Review process which will include a subsequent review and approval action by the Planning Commission, a future finding of acceptable design consistent with City design policies must be made for design elements consisting of facade and fenestration design, exterior building materials and landscaping materials. "LU -51 Water and Sewer Facilities. Ensure provision of adequate water and sewer facilities to meet needs of existing and new development. Future development should coordinated with responsible districts and agencies to assure facility expansion and/or improvement meets Federal and State standards and occurs in a timely fashion." A 8 GENERAL PLA14 2000 COMPLIANCE FINDINGS Findings. The applicant has applied for water and sewer connections from the responsible agencies. The project complies with LU -51. 11LU-32 Water Conservation. Promote and encourage water conservation measures." Findings. The proposal to use reclaimed water for landscaping irrigation is consistent with the LU -32. "LU -pp Neighborhood Meetings. Continue the City's practice of consulting with neighborhood representatives and nearby property owners as a part of the development review process." Findinas. Meetings with neighborhood representatives have been held June 23, 1988, August 15, 1988, October 10, 1988 and November 17, 1988. These meetings demonstrate consistency with the Neighborhood Meetings policy. 11C-3 Timing of Development with Transportation Improvements. For health, safety and general welfare reasons, new development is to be constructed only after needed circulation project funding has guaranteed, circulation project environmental review has been completed, and findings have been made that the time frame for completion of the needed circulation improvements will not cause LOS D to be exceeded. Major needed circulation improvements in specific areas' affected by this timing policy are listed below. Other circulation improvements identified in Policy C-8 may also be necessary to maintain LOS standards. C. Northgate East: Lucas Valley Road/Smith Ranch Road/101 Interchange; Manual Freitas Parkway/Merrydale overcrossing; North San Padro and Merrydale Road Improvements Additionally, new development at the Marin Ranch Airport is also contingent on construction of the Lincoln -Los Ranchitos connector and the eastside arterial through to Smith Ranch Road." A 9 GENERAL PLAN 2000 COMPLIANCE FINDINGS Findinas. See finding for LU -1 for finding of compliance with above. The remainder of C-3 does not apply to the project. The project proposal is consistent with C-3. 11C-4 Trip Allocations. In the most traffic sensitive areas, (North San Rafael, Northgate and East San Rafael/Francisco Boulevard West), individual parcels have been assigned a portion of area trips based on peak hour trip generation in order to achieve Level of Service standards. Trip allocations are detailed in the appendices. These allocations may not be exceeded and are consistent with General Plan Floor Area Ratios for typical uses. In other parts of the planning area, designated Floor Area Ratios and residential densities are used to determine intensity of use and trip generation." Findinas. The project proposal to generate 157 peak hour trips exceeds the General Plan 2000 trip allocation of 146 by 11 peak hour trips. Policy C-5 allows transfer of trips under certain circumstances. Following such a transfer of 11 peak hour trips pursuant to C-5, the project is consistent with C-4. 11C-5 Trip Transfers. Trip transfers among sites shall not generally be allowed. The City will reserve any unused trip allocations after approval of projects for City/public benefit purposes, such as affordable housing and as a means to guarantee acceptable transportation operating conditions. However, consolidation of trip allocations may be allowed, at the discretion of the City, where all of the following is shown by the applicant: 1. Parcels to which trips have been allocated are held under common ownership; 2. Traffic impacts the same intersections and roadways; 3. Total Trips for all parcels shall not exceed the total allocations; 4. Such transfer of trips would not result in additionally significant adverse environmental impacts on the City's circulation system. 5. The Parcel from which the trips have been transferred would continue to have significant trips for varied uses consistent with the land use designation. A 10 GENERAL PLAN 2000 COMPLIANCE FINDINGS 6. Floor Area Ratio limits would not be exceeded." Findinas. Policy C-5 allows trip transfers under either of two circumstances: transfer is allowed when all the six enumerated criteria are met, or a transfer is allowed, pursuant to the second sentence of C-5, for city/public benefit purposes. The proposed hotel does not warrant a trip transfer by virtue of meeting all the six criteria, but a transfer of 11 peak hour trips to the hotel site is warranted for city/public benefit purposes, for the reasons stated below: When the nearby Marin Lagoon (Civic Center North Residential) project was approved by the City, the project's density was reduced from 300 units to 224 units. This reduction in density results in generation of 69 fewer peak hour trips than the 281 peak hour trips allocated to the property by the general plan. By virtue of the reduction in density to 224 units, 69 peak hour trips reverted to the City and, pursuant to the second sentence of policy C-5, the 69 trips may be used for city/public benefit purposes. Upon review of the Embassy Suites hotel proposal, it is found that the hotel proposal will have city/public benefit, due to the generation of substantial taxes and by facilitating increased utilization and increased user fees for the Marin County Auditorium and Exhibition buildings. It is further found that a hotel of 236 rooms will likely generate more tax revenues and better utilization of county facilities than would a hotel of 200 rooms. Therefore a hotel of 236 rooms will likely create greater city/public benefit than a hotel of 200 rooms. It is further found that a 236 room hotel will generate 157 peak hour trips, some 11 trips more than the General Plan 2000 allocation of 146 such trips. A transfer of 11 additional peak hour trips is therefore required to create an allocation of a maximum 157 peak hour trips to support a hotel of a maximum of 236 rooms. It is further found that since 69 peak hour trips are available to the City by the reduction in density of the Marin Lagoon project, and since the proposed A 11 GENERAL PLAN 2000 COMPLIANCE FINDINGS hotel will have city/public benefit, and since transfer of 11 such trips will facilitate larger hotel with likely increased city/public benefit, it is found that pursuant to the second sentence of policy C-5, 11 peak hour trips are hereby transferred from the Marin Lagoon 69- trip reversion, to create revised allocation of a maximum of 157 peak hour trips for the proposed hotel. "C-8 Planned Roadway Improvements." (This policy describes 28 planned roadway improvements, among which two are applicable to the project as follows:) "11. Construct a direct Highway 101 northbound on- ramp at Manuel Freitas Parkway 12. Construct the proposed Merrydale Road Overcrossing over Highway 101" Findinas. These two roadway improvement projects are currently funded and supported by the assessment district to which the hotel site contributes fundings. The proposal is consistent with C-8 projects 11 and 12. 11C-15 Design of Projects Adjacent to Transitway. New land uses should be designed to be compatible with potential use of the Northwest Pacific Railroad right-of-way as a transitway. Noise attenuation, setbacks, access, etc. should be considered." Findinas. The hotel land use is compatible with transitway use of the right-of-way. 11C-17 Circulation Improvement Funding. The City will take a strong advocacy role in achieving the funding of planned circulation improvements. Comprehensive funding programs which include Federal, State, County, Redevelopment, Local Development Mitigation, and Assessment District fees should be established to fund planned improvements in various areas. Local development project's share of the responsibility to fund improvements is based on: (1) the generation of additional traffic which creates the need for the improvement; (2) the improvement's role in the overall transportation network; (3) the probability of security funding from alternative sources; and (4) the timing of the improvement." Findinas. The project contributes assessment A 12 GENERAL PLAN 2000 COMPLIANCE FINDINGS district funding for the Merrydale Overcrossing which has been determined mitigation of a 200 room hotel. Although the proposed 236 room hotel will generate 11 peak hour trips more than a 200 room hotel for which assessments have been levied, it is not necessary to increase the assessment in order to conclude that the 236 room hotel traffic is consistent with C-17. Assessments need not increased because the 224 unit Marin Lagoon project which is also in the district, will generate 69 fewer peak hour trips than the 300 trip level on which Marin Lagoon assessments have been based. The net change in traffic from both the hotel and Marin Lagoon projects is 58 trips fewer than the level for which assessments are based. Therefore the proposed increase in hotel size will not result in additional "unfunded" traffic, and the 236 room hotel is consistent with C-17. "C-22 Transportation System Management (TSM). Continue to work cooperatively with the business and residential communities to minimize peak period traffic demand through a proposed comprehensive transportation system management program. TSM programs will be mandatory for large new developments and initially voluntary for existing development. The proposed voluntary program if performance goals are not met." Findina_s. Staff considers the proposed hotel to be a large new development for which a TSM program is required. Provision of such a program is recommended by a condition of approval. "NE -13 Protection of Environmental Resources. Protect and enhance environmental resources. Such resources include but are not limited to ridgelines, wetlands, creeks, shorelines, threatened and endangered species habitat and archeological "sites." Findinas. The hotel proposal does not include construction within habitat for threatened and endangered species. The project protects the existing wetland by keeping all proposed fill outside wetland area and by limiting construction within wetland to less than 50 square feet of area for pedestrian bridge piers. The proposal will enhance environmental resources by creation of 2700 square feet of new wetland habitat, thereby providing 54 to 1 acreage mitigation of 50 square feet of permanently lost wetland. The project proposal is consistent A 13 GENERAL PLAN 2000 COMPLIANCE FINDINGS with NE -13. "NE -15 Wetland Buffer Areas. Buffers shall be provided between development projects and adjacent wetlands (as identified/referenced on Map GP -16b). Generally, a minimum 50 foot setback from wetlands shall be maintained for structures. Wider setbacks (100 feet ideally) will be required on larger parcels through project review. Creeks (See Policy NE -17), existing concrete line drainageways, and the San Rafael Canal (between Highway 101 and the western boundary of Pickleweed Park --See Policy CB -6) are excluded from the policy. A property owner may apply for a waiver to this setbacks policy if the property owner can demonstrate that the proposed setback adequately protects the value of the wetland habitat to the satisfaction of the Department of Fish and Game or similar wildlife agency, or if the property owner can demonstrate that the implementation of this policy would substantially interfere with any reasonable economic use of the property." Findings. The hotel project is excluded from NE -15 wetland buffer area provisions per council direction because the site adjoins a waterway identified as a creek by the General Plan 2000. "NE -17 Creek/Drainageway Setbacks. Creeks are defined as permanent and intermittent water courses identified on Map GP -16c, which is based information from the latest USGS and Fish and Wildlife Service maps. Drainageways are defined as open hillside drainage swales which collect in concentrate stormwater and open improved drainage channel. Major drainageways are identified on Map GP -16c and are based on information on the lasted USGS and Fish and Wildlife Service maps. Setbacks from creeks and drainageways shall be established in new development for the following reasons: safety factors including adequate maintenance and emergency vehicle access in difficult terrain and adequate debris flow avalanche corridor; reserve areas for flood control; transition areas between inhabited structures and waterways to protect properties from damage due to streambank undercutting; environmental factors including preservation of riparian habitat and wildlife corridors; recreational factors including A 14 GENERAL PLAN 2000 COMPLIANCE FINDINGS opportunities for public recreation and view corridors; and aesthetic factors such as provision of landscaping. Generally, a minimum 25 foot setback from the high top of creekbanks shall be maintained for structures. Wider creek setbacks (up to 100 feet) will be required on larger parcels (two or more acres in size) where individual project review concludes a wider setback is needed. Drainageway setbacks shall be established through individual project review based on the above factors." Council Direction: Retain 25 setback foot setback for creeks and exclude them from wetlands setback provisions, exclude concrete line drainageways from the 50 foot wetland setback, retain the 25 foot setback from top of creekbank for the San Rafael Canal, exempt Spinnaker Point V, revised wetlands Se-tback landscaped to state a property owner may apply for a waiver if it can be demonstrated that the proposed setback would adequately protect the value of the wetland habitat, and consider a broadening of waiver from the wetlands fill policy for Auburn Street area site, given how site effects surrounding properties. Findings_ The last paragraph above reflects final revisions to policy NE -17 upon adoption by the City Council. Pursuant to this paragraph, the required setback of structures from the high top of creekbank is 25 feet minimum; the project proposal of 85 or more feet greatly exceeds the minimum. Council discussion indicated that parking lot pavement does not constitute.a "structure" for which the 25 foot minimum setback should be observed. However, the project proposal, includes a 25 foot minimum setback of pavement. "NE -18 Enhancement of Drainageways. Explore enhancement of drainageways to serve as wildlife habitat as well as drainage facilities." Findings. The proposal to create a 2700 square foot Wetland Area is consistent with NE -18. "NE -b Private Open Space. When development permits are sought which would result in portions of the site being retained in privately owned open space, insure A 15 GENERAL PLAN 2000 COMPLIANCE FINDINGS the preservation of the character of that open space by deed limitations or other means." Findinqs. The proposed Natural Area will be subject to this policy. A condition of approval has been recommended requiring dedication of development rights to the Natural Area to insure preservation of the area. Adoption of the condition will make the proposal consistent with Private Open Space policy. "NE -g Wetland Mitigation. Continue the City's practice of requiring mitigation for projects which would effect wetlands, in conjunction with recommendations of State and Federal Trustee agencies." Findinas. The proposed 2700 square foot Wetlands Area will constitute 54 to 1 mitigation of loss of 50 square feet of wetlands area to construction bridge piers. The proposal is consistent with NE -g. "S-3 Geotechnical Review. The City will continue to require geotechnical studies for development of proposal; such studies should determine the actual extent of geotechnical hazards, optimum location for structures, the advisability of special structure requirements, and the feasibility and desirability of a proposed facility and a specific location. The requirements for geotechnical investigations will be set forth in the City's Geotechnical Review Matrix." Findings. Prior to zoning approval in 1983, a geotechnical investigation was submitted and subjected to geotechnical review. A separate geotechnical investigation has been prepared for the hotel proposal by Donald Herzog and Associates. Pursuant to recommended condition of approval, the investigation will be subjected to geotechnical review prior to the issuance of building permits. 11S-4 Use of Hazard Maps in Development Review. Slopes Stability, Seismic Hazard and Flood Hazard Maps will be reviewed at the time a development is proposed. Appropriate studies shall be undertaken to assure identification and implementation of mitigation measures for identified hazards." Findinqs. The indicated Maps have been reviewed and A 16 GENERAL PLAN 2000 COMPLIANCE FINDINGS mitigation measures for the identified hazards have been incorporated into the project proposal. The project proposal is consistent with S-4. 11S-5 Soils and Geologic Review. The City shall require soils and geologic review of development proposals in accordance with the Geotechnical Review Matrix to assess such hazards as potential seismic hazards, liquefaction, landsliding, mudsliding, erosion, sedimentation and settlement in order to determine if these hazards can be adequately mitigated. Levels of exposure to seismic risks for land uses and structures are also outlined in the Geotechnical Review Matrix, which shall be considered in conjunction with development review." Findinas. The geotechnical investigation submitted by Donald Herzog Associates assesses seismic hazards, liquefaction and settlement, and recommends appropriate mitigation. A separate report prepared by Oberkamper and Associates estimates erosion and sedimentation. These reports have been reviewed by staff and pursuant to a recommended condition of approval are to subjected to geotechnical review as specified by the Geotechnical Review Matrix prior to the issuance of building permits. 11S-6 Minimize Geological Hazards. Development proposed within areas of potential -geologic hazards shall not be endangered by, nor contribute to, the hazardous conditions on the site or on adjoining properties. Development in areas subject soils and geologic hazards shall incorporate adequate mitigation measures. The City will only approve new development in areas of identified hazard if such hazard can appropriately mitigated." Findinas. Mitigation of geologic hazards has been proposed by the applicant, have been reviewed by City staff and pursuant to a recommended condition of approval will be subjected to Geotechnical Review in compliance with S-6. 11S-7 Seismic Safety of New Buildings. All new buildings shall be designed and constructed to resist stresses produce by earthquakes." Findinas. The applicant has proposed to implement the recommendations of the Donald Herzog and Associates Geotechnical Investigation which include A 17 GENERAL PLAN 2000 COMPLIANCE FINDINGS designing the building in strict accordance with earthquake design standards. The proposal is consistent with -S-7. 11S-9 Potential Hazardous Soils Conditions. New development on sites filled to 1974 or on sites which were historically auto service uses, industrial uses, or other land uses which may have involved hazardous materials shall be evaluated for the presence of toxic or hazardous materials prior to development approvals. See Map GP -22 "artificial fill areas" for initial mapping of areas of concern to be evaluated. This map will be refined through program S -h "Potentially Hazardous Soils." The requirements for sites specific investigation are contained in the Geotechnical Review Matrix in the Plan Appendices." Findincr. Testing for soils gas has been preformed by Harding Lawson Associates. The testing has identified methane gas at low concentrations and recommends mitigation measures for the gas. The applicant has proposed to implement the Harding Lawson recommendations. The proposal is consistent with S-9. "5-12 Flood Protection of New Development. New development shall be designed to provide protection from potential impacts of flooding during the 111% chance" or 11100 -year" flood." Findincrs. The project has been proposed to meet City standards for floor protection of. the 100 year flood. The proposal is consistent with 5-12. "5-17 Creeks and Drainageways. In order to prevent undue erosion of creekbanks, the City will seek to retain creek channels in their natural state, and to provide maintenance access along creeks where appropriate." Findincr. The project proposal includes retention of the existing creek channel except for construction of two pedestrian bridge support piers and for creation of a new Wetland Area. Maintenance access is proposed along the creekbank. The proposal is consistent with S-17. "5-20 Fire Safety of New Development. All new development shall be constructed, at a minimum, to the fire safety standards contained in the Uniform Fire and A 18 4. Materials to be planted adjacent to the waterway should be selected with consideration for enhancing the habitat value of the waterways. 5. New creekbank plant materials should not visually conflict with the color, height, density, and other characteristics of materials existing on the opposite creekbank in order that a balanced and unified appearance be created for both sides of the creek. 6. Continuous pedestrian access along the creekbank and pedestrian access into the creekbank slopes or waterways should be discouraged by a signing, fencing, and landscaping. II -3 GENERAL PLAN 2000 COMPLIANCE FINDINGS Building Codes." Findings. Pursuant to recommended conditions, of approval, The project will be required to conform to the Uniform Fire and Building Codes, consistent with 5-20. "5-22 Safety Review of Development Projects. Crime prevention and fire prevention techniques shall be required in new development. Police and Fire Department personnel shall continue to review development applications to insure that landscaping, lighting, building siting and design, adequate water pressure and peak loads storage capacity, and building construction materials reduce the opportunity for crime and fire hazards." Findinas. The project has been reviewed by Police and Fire Department personnel who have recommended conditions of approval for the project. The proposal is consistent with 5-22. "5-23 Access for Emergency Vehicles. New development shall provide adequate access for emergency vehicles, particularly fire fighting equipment." Findinq. The project proposal has been reviewed by Fire Department personnel for adequacy of access. The proposal is consistent with S-23. 11N-7 Interior Noise Standards. To protect against exterior noise sources, interior standards for new residential and residential health care projects, excluding hotels and motels, shall be 40 dB Ldn for bedrooms and 45 dB Ldn for other rooms. Hotels and motels shall meet 45 dB Ldn standard. In multi family projects, hotels and motels, sound transmission between units shall be as described by State Administrative Codes standards, Title 25, Part 2 . " Findings._ Pursuant to a recommended condition of approval, design of the hotel to meet 45 dB Ldn standard and sound transmission standards described Title 25, Part 2 will be required, consistent with N- 7. "NG -3 Development Timing. Timing of Northgate Development projects shall occur in conjunction with needed road A 19 GENERAL PLAN 2000 COMPLIANCE FINDINGS improvements as described in circulation policy C-3 and specific site recommendations. Development which has provided assessment district funding for Merrydale Overcrossing improvements may proceed." Findinas. See findings for policy LU -1 and C-3. The proposal is consistent with NG -3. "NG -4 Circulation Improvements. Provide the circulation improvements called for in the Circulation background section and/or the Circulation Plan Map. Major improvements include the Lincoln/Los Ranchitos connector, the proposed eastside arterial, the Merrydale Overcrossing, and interchange/ intersection improvements at Lucas Valley Road, Freitas Parkway and North San Padro and Merrydale Roads." Findinas. The hotel site is within the assessment district formed to fund the Merrydale Overcrossing which has been determined to be mitigation for a 200 room hotel. The proposal is consistent with NG -4. "NG -5 Traffic Allocations for Development. Development potential Northgate has been limited based on traffic capacity defined by LOS standards. Underdeveloped parcels in Northgate are individually allocated additional trips as identified in the Appendices. The trip allocation system distributes traffic capacity of proposed roadway improvements and insures that ultimate development will not exceed the improved transportation system's capacity. Traffic mitigation fees based on the project's share of increased PM peak. Traffic will be collected to provide partial funding for needed transportation improvements." Findinas. See findings for policies C-3, C-4 and C- 5. The proposal is consistent with NG -5. "NG -6 Design Considerations in areas adjacent to the Civic Center. Require urban design analysis to assure compatibility of materials, colors and building masses with Civic Center Require functional inter -connection with Civic Center Design to compliment Civic Center architecture rather than compete A 20 GENERAL PLAN 2000 COMPLIANCE FINDINGS Site plans should acknowledge vistas to Mt. Tamalpais" Findings. The future Environmental and Design Review process will consider the compatibility of materials, color and with the Civic Center. The building height is consistent with the height and mass of the Civic Center. The proposed pedestrian bridge and vehicular access easement will furnish a functional inter- connection with the Civic Center. The hotel site plans acknowledge vistas to Mt. Tamalpais. For purposes of granting zone change, use permit and subdivision approvals, the project proposal is consistent with NG -6. An additional finding for consistency with NG -6 for colors, materials and complimenting of Civic Center architecture should be made prior to Environmental and Design Review approval. "NG -10 Civic Center North Land Uses. Civic Center North provides an excellent residential and hotel development location. The previously approved office use is retained on this site to provide a buffer between Marin Center uses and residential areas. Sufficient additional right-of-way to accommodate a four lane arterial shall be reserved as a part of future development approvals. The site also provides an alternative potential neighborhood park location for the Northgate East area, if it is impossible to provides such a park on the Marin Ranch Airport site. Revision of the Civic Center North Master Plan to allow a hotel of up to 300 rooms is acceptable through adjustment of intensity of the Civic Center North office site or by complying with any other provisions. Wetland buffers and threatened and endangered species protection are important consideration for development of this site." Findings. The hotel is proposed at the site referenced in policy NG -10. Pursuant to recommendations of the Public Works Department, the existing right-of-way of McInnis Parkway is sufficient to accommodate a four lane arterial and no additional right-of-way needs to be reserved. Of the Civic Center North land uses, the hotel site is inappropriate for a potential neighborhood park. The hotel proposal does not request a 100 room increase through intensity adjustment of the office site, but instead seeks approval of a 36 room increase by A 21 GENERAL PLAN 2000 COMPLIANCE FINDINGS complying with other provisions of the General Plan 2000. As stated in the analysis for policy NE -17, the project is exempt from wetland buffers. Threatened and endangered species protection for the Civic Center North land uses have been implemented through dedication of wetlands and establishment of wetland setbacks by the 1983 zoning approval. As stated in the analysis for policy NE -17, the hotel proposal includes creek setbacks larger than required by the 1983 zoning and in compliance with General Plan 2000 policies. A 22 EXHIBIT B CONDITIONS OF APPROVAL EMBASSY SUITES HOTEL ZONE CHANGE 88-1 (1) Ordinance 1449 and the approved Development Plan standards entitled Civic Center North Development Plan, prepared by Dan Coleman Associates, dated November 3, 1981, are hereby amended and superceded as follows: (a) The Civic Center North Hotel Area Development Plan standards are amended as stated in Exhibit I. (b) The Civic Center North Restaurant Area Development Plan standards are amended as stated in Exhibit II. (2) Concurrent with recordation of a parcel map and prior to the issuance of grading permits and building permits, an easement or other non -revokable agreement, prepared to the satisfaction of the City Attorney and Planning Director, shall be recorded, allowing parking of up to 200 vehicles from the hotel land use on the offices site, (Parcel 2 of 23 PM 52), on each weekday from 5:30 pm to 8:00 am and at all times on each Saturday and Sunday. The 200 spaces shall be paved and available for use prior to occupancy of the hotel. (3) The applicant shall submit for approval by the Planning Director specification of a 15 foot wide landscape easement along and within the southwest property line of Parcel 2 of 23 PM 52 (i.e. the Civic Center North Offices site). The approved easement shall be recorded prior to the issuance of building permits, and the area of the easement shall be landscaped prior to hotel occupancy. (4) Prior to issuance of grading permits or building permits for either the Hotel Area or the Restaurant Area, the applicant shall submit an analysis prepared by a qualified engineer or irrigation consultant, analyzing the adequacy of the existing four inch reclaimed water line within McInnis Parkway to serve the landscaping irrigation needs of the Civic Center North restaurant, hotel, office and Marin Lagoon projects. The analysis shall presume irrigation of all landscaping with in the hotel and offices projects as currently proposed, all public -use or common use landscaping within the Marin Lagoon project and all landscaping within a typical development of a three acre restaurant site. If the analysis shows the four inch line has insufficient capacity, the hotel applicant shall B 1 install an additional line for the capacity required to serve the hotel, prior to occupancy of the hotel. If the analysis shows insufficient capacity, additional capacity shall likewise be provided by the developer of the restaurant site. USE PERMIT 88-9 Planning Department (1) Approval is granted for a maximum of 236 hotel suites, each consisting of a separate sleeping room, bathroom and a sitting or meeting room. Approved accessory uses shall consist of: a conference center having 10,000 square feet minimum of floor area within meeting rooms and a single meeting room with a capacity to seat 500 persons minimum at row tables; a non -destination restaurant and bar; a central atrium space of approximately 10,000 square feet extending from ground floor to fifth floor ceiling level; a gift shop; recreation activities for hotel guests; and hotel administration and iiiaintenance activities. (2) Prior to the issuance of an occupancy permit, the applicant shall secure separate use permit approval for the operator of the restaurant and bar within the hotel. The use permit review shall assure the operation is non - destination for which adequate parking is available on site. (3) Maximum utilization of the conference facilities for activities lasting less than 24 hours shall be 500 persons except that maximum use between weekday hours of 8:00 AM to 11:00 AM and between weekday hours of 4:00 PM to 5:00 PM shall be 350 persons. Maximum utilization for activities lasting longer than 24 hours on weekdays shall be up to 200 hotel guests plus up to 200 attendees who reside within driving distance of the hotel, plus up to 100 attendees who are guests of other nearby hotels and who arrive and depart the conference by transportation other than private automobiles. The adequacy of parking shall be monitored by the City (with financial assistance from the applicant) annually for the first five years of operation of the hotel, and if found inadequate, further limitations on the use of the conference facilities may be imposed by the Planning Commission at a noticed hearing for this purpose, if no acceptable additional parking can be provided to the satisfaction of the City. (4) A Transportation System Management Plan, fulfilling the requirements of General Plan Policy C-22, shall be submitted for approval by the Planning Director prior to the issuance of building permits. (5) Prior to the issuance of building permits, the applicant shall dedicate to the City development rights for the land within the proposed Natural Area. (6) The Natural Area shall be maintained in a condition acceptable for natural habitat, at all times. (7) Prior to the issuance of grading permits, the applicant shall erect a temporary chain link fence at the inland edge of wetland as shown on the proposed grading plan. All grading and other construction activity, other than the regrading of the proposed Wetland Area and the construction of pedestrian bridge supports, shall be conducted inland of the temporary fence. (8) Prior to the issuance of a grading permit, the applicant shall submit improvement plans, for the portion of the maintenance access easement adjoining the natural area, for approval by the Directors of Planning and Public Works. Such plans shall provide for a roadway subbase, capable of supporting maintenance vehicles, covered with topsoil. (9) All provisions of the submitted Geotechnical Investigation shall be implemented, subject to City Geotechnical Review. (10) Prior to the issuance of foundation or building permits, the applicant shall submit documentation by a Geotechnical Engineer stating the grading plans and or building working drawings incorporate mitigation of soil gas as recommended in the Harding Lawson Associates letter to the Planning Director dated July 21, 1988. (11) Prior to the issuance of a grading permit, the applicant shall submit documentation by a Civil Engineer certifying that the grading has been designed to include sediment basins and other erosion control provisions of the Association of Bav Area Governments Manual of Standards for Erosion and Sediment Control Measures. (12) All site grading shall be completed after spring rain and before winter rain. Graded slopes adjoining the Creek shall be hydroseeded and otherwise landscaped after grading and prior to winter rains. (13) Prior to the issuance of a building permit, the applicant shall submit documentation by an acoustical engineer certifying that the building working drawings incorporate noise attenuation adequate to maintain 45 dBa Ldn within all sleeping rooms, given the off-site noise sources of McInnis Parkway, mass transit use of the NWPRR right -of - 17M way, and the County Fairgrounds. (14) A 40 foot wide access easement in favor of the County of Marin shall be dedicated at a location to be approved by the City and County Planning Directors prior to issuance of grading or building permits. (15) All operation of grading equipment and all pile driving activities shall be limited to the hours between 8:00 am and 5:00 pm on non -holiday weekdays. (16) Prior to the issuance of a building permit, the applicant shall submit a letter by a landscape architect certifying that the landscaping working drawings incorporate specification of salt tolerant planting wherever soils conditions contribute to salt uptake. (17) Prior to the issuance of building permits, landscape plans shall be modified to include a 42 inch high vinal clad chain link fence running along the south edge of parking lot to protect the wetland habitat. (18) Grease separators shall be included in all parking area catch basins, and maintained to the satisfaction of the Department of Public Works. The parking lot shall be swept on a regular basis. (19) Prior to grading of the Wetlands Area, existing marsh plants shall be salvaged and replanted upon completion of grading in accordance with the LSA Associates Habitat Enhancement Plan on file in the Planning Department offices. (20) All parking lot and other exterior lighting shall be directed downward and shielded to prevent viewing of the light source from off-site points, and fixtures shall be consistent with those used in the adjoining offices project. Exterior lighting of the building, other than that from bollard fixtures and parking lot lights shall be prohibited. All parking lot lighting shall be high pressure sodium (max. 70 whps) or an approved equal energy efficient light. Exterior lighting shall be kept to a minimum intensity. (21) The existing creekbank maintenance access easement shall be relocated to the satisfaction of the director of Public Works prior to issuance of building permits. (22) Environmental and Design Review approval shall be secured prior to issuance of building permits. (23) This use permit shall take effect only after the City Council passes the first reading of an ordinance amending Ordinance 1449, Civic Center North Development Plan, for the hotel land use. Notwithstanding the above, the appeal period for this use permit shall commence December 13, 1988. Public Works Department (24) Storm drainage encroachment permit will be required prior to performing any work within the drainage channel (Parcel B) . (25) The improvement plans shall show details for the construction of the pedestrian bridge providing access to the Marin Center Theatre Area. Any required permits from Dept. of Fish/game and Corps of Engineers, and authorization for construction of the bridge on County owned land shall be obtained prior to bridge construction. Bridge construction shall be completed prior to occupancy. PLANS, PERMITS AND EASEMENTS (26) An engineered site improvement plan showing all existing and proposed site conditions shall be submitted with the application for a building permit. (27) An encroachment permit shall be required for all work performed within the right-of-way any within the City owned open space parcel. (28) Prior to issuance of a building permit, the approved Parcel Map separating this project from the parcel to the west shall be recorded. (29) All necessary Fish and Game and U.S. Army Corps of Engineers permits shall be obtained prior to commencement of any work within their jurisdictions (drainage channel). (30) Additional maintenance access easements shall be granted across the property as necessary to enable clear access to, from and along the drainage channel prior to the issuance of building permits. Improvements within the 20 feet maintenance access easements shall be subject to approval by the City Engineer. Access along this easement shall not be restricted by landscaping or other incompatible uses. Parking and vehicle use will be permitted, however, all paving within this easement shall conform to construction road load bering requirements. GRADING AND EARTHWORK B 5 (31) A level "C" soils report must be submitted with the application for a building permit. Geotechnical review may be required as determined by the City Engineer. (32) The final finished floor elevation must be above +9.0 (M.S.L.) after 30 years settlement. Certification of this elevation by a registered engineer or surveyor shall be supplied prior to building final. (33) Grading plans shall show all proposed and existing contours as well as proposed drainage improvements. (34) Grading, drainage and foundation plans shall be reviewed and approved by the project soils engineer. (35) All earth and foundation work shall be done under the director of a soils engineer; and a final report shall be submitted prior to occupancy. (36) A grading permit will be required. (37) An erosion control _plan shall be submitted showing how erosion and siltation are to be controlled during construction. (38) Any siltation of the drainage channel caused by this project shall be removed to the satisfaction of the City Engineer. A siltation basin will be required if this project is constructed during the winter (October 15 - April 15). STORM DRAINAGE (39) The improvement plans shall show all existing and proposed drainage facilities. (40) An on-site detention system for all site storm drainage may be required, minimizing the number of discharge points, as determined by the Department of Public Works. The storm water discharge at the south easterly corner shall be positioned along the property line with a drainage easement created for the benefit of the adjacent parcel 2. Designed improvements for the reciprocal use of this discharge shall be required on the plans. (41) The gradient of all storm drain system shall be designed to accommodate predicated settlements. The improvement plans shall show profiles and grades before and after settlements. (42) Runoff from improved areas shall be collected and conveyed by underground conduit and/or under sidewalk drains. HE Drainage shall not be diverted or concentrated onto adjoining properties, or over sidewalk and driveways. (43) An encroachment permit will be required for the construction of drainage improvements within the public drainage channel. (44) The drainage channel to the south of the project shall be appropriately maintained to the satisfaction of the Department of Public Works. SANITARY SEWERS (45) The improvement plans shall show the location of all existing and proposed sanitary sewer facilities. (46) Prior to issuance of a building permit a letter shall be submitted from the Las Gallinas Valley Sanitary District indicating that they have reviewed the plans and reports; and that sewer connections are available. (47) Grease traps or interceptors shall be required as set forth in condition 18. FRONTAGE AND PARKING IMPROVEMENTS (48) The improvement plans shall show all existing and proposed frontage improvements. (49) Standard driveway connections shall be constructed on the frontage. The western most driveway entrance, which is also to serve for vehicular access to county -owned land, shall be provided a driveway approach or street intersection approach to the satisfaction of the Director of Public Works. (50) All frontage improvements shall be constructed in accordance with the "Uniform Construction Standards for the Cities and County of Marin". (51) All existing curb and gutter damaged during construction shall be replaced to the satisfaction of the City Engineer. (52) Standard sidewalk shall be constructed along all street frontage. (53) The final parking lot pavement section shall be reviewed by the project soils engineer and shall be subject to the approval of the City Engineer. (54) An encroachment permit will be required for the B 7 construction of all frontage improvements. (55) The on site traffic circulation and parking plan shall be subject to the approval of the City Engineer. (56) Signing, striping and other traffic control devices shall be installed as require by the City Engineer. (57) All proposed street trees shall be planted with plastic root shields as approved by the City Engineer. (58) The improvement plans shall show details for the construction of the pedestrian bridge providing access to the main center Theater area. The pedestrian bridge shall be constructed prior to building occupancy. (59) Unless overturned by appeal to the City Council, State mandated "Handicapped Access" requirements must be complied with as a condition of building permit issuance. UTILITIES (60) The improvement plans shall show all existing and proposed utilities. (61) The parking areas shall be illuminated with "high pressure sodium" lighting or other approved energy efficient systems. (62) All utility services shall be underground. FIRE DEPARTMENT (63) On-site fire hydrants type Jones 3740 as specified by fire marshal. (64) Building to be equipped with fully automatic fire sprinklers conforming to NFPA standard 13 and standpipes outlets located ad specified by fire marshall conforming to NFPA standard 14. Alarms and valves to be monitored by U.L. approved company conforming to Fire Department standard 300. (65) Smoke detection and evaluation system to comply with UBC chapters for atriums and malls. A functional smoke test to be conducted, witnessed by fire marshall prior to occupancy. (66) Manual fire alarms to be installed conforming to UFC and Title 24 P2 and P3. (67) Emergency plan to be reviewed by fire marshall prior to RM implementation. (68) "No Parking Fire Lanes" to be posted conforming to Fire Department standard 204. (69) Conference rooms and public assembly occupancies to conform to requirements of Titles 19 and 24 CAC. Police Department STREET ACCESS - PARKING (70) Post signs and paint driveways/parking areas which have emergency access lanes. ADDRESS (71) The street number 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 6 inches in height and shall be of contrasting color to the background to which they are attached, and illuminated. (72) There shall be positioned at each entrance of a multiple dwelling complex, an illuminated diagram (scaled drawing) of the complex which shows the location of the viewer and the unit designations within the complex. In addition, each individual unit within the complex shall display a prominent identification number, not less than 6 inches in height, which is easily visible to approaching vehicular and/or pedestrian traffic, and illuminated. (73) Each Room No. shall be displayed in a prominent location 100's first floor/ 200's 2nd floor/ 300's 3rd floor/ 400's 4th floor/ 500's 5th floor. EXTERIOR FEATURES (74) 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 secure and hatch openings shall be burglary resistant. Glazing shall be of a burglary -resistant glass or glass- like material. ROOF ACCESS (75) Perimeter walls, fences, trash storage areas, etc., shall be built to prevent access to the roof or balconies. (76) Permanently affixed ladders leading to roofs shall be MW fully enclosed with sheet metal to a height of ten 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 hell and tow, and minimum five pin tumbler operation. EXTERIOR LIGHTING (77) All exterior lighting shall be sufficient to establish a sense of well-being to the pedestrian and one that is sufficient to facilitate recognition of persons at a reasonable distance. Type and placement of lighting shall be to the satisfaction of Police Department. (78) All garden and exterior lighting shall be vandal resistant. (79) All exterior lighting shall be on a master photo electric cell. (80) Minimum one foot candle ground level at overlaps in parking areas and in all exterior doorways. Minimum 1/2 foot candle ground level at overlaps in all pedestrian areas. EXTERIOR DOORS (81) All man doors shall be of solid core construction with a minimum thickness of one and three-fourths (1 3/4) inches, or with panels not less than nine sixteenths (9/16) inches thick. (82) Glass sliding doors shall have a secondary type locking to the satisfaction of the Police Department. (83) Suite doors shall have a deadlocking latch device with a minimum throw of one-half inch and a deadbolt lock with a cylinder guard, a hardened steel insert and a minimum throw of one inch. Both locking mechanisms shall be interconnected so that both may be disengaged by turning the door knob from the inside. (84) 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, and the strike plate be secured to the jamb by a minimum of two screws which must penetrate at least two (2) inches into solid backing beyond the jamb. Front doors to have a 180 door viewer. (85) Exterior doors swinging out shall have nonremovable hinge pins. B10 (86) In -swinging exterior doors shall have rabbited jambs. (87) Glass around or on the exterior doors within 40" shall be break resistent glass or grasslike material to the satisfaction of the Police Department. (88) Exterior doors leading into the stairwells shall be automatically locked to the outside (exit doors only). WINDOWS (89) All sliding glass windows within 12 feet from the ground shall have a secondary lock mounted on the bottom of the window. The secondary lock shall be a bolt lock and shall be no less than 1/8 inch in thickness, and shall have a minimum throw of one-half inch in thickness, and shall have a minimum throw of one-half inch. (90) Louvered windows shall not be used within eight feet of ground level. (91) Any window in or within 40" of a door shall be fixed (Stationary) and nonremovable. LANDSCAPING (92) Barrier or thorny plants to be added to certain locations to deter access to windows. (List is available from Police Department.) (93) No landscaping shall obstruct or block the view of any door, window, or light fixture. OTHER: (94) Any alternate materials or method of construction shall be reviewed with and approved by the Police Department before installation. (95) The crime prevention officer shall be notified and allowed to inspect prior to occupancy. (96) This use permit shall be approved for one year or until December 13, 1989, and shall become null and void if a building permit is not issued or a time extension granted. SUBDIVISION 88-7. (1) Concurrent with recordation of the parcel map, the applicant shall segregate existing assessments over the proposed lots. E:1011" (2) Comply with condition 2 of Zone Change 88-1. (3) This subdivision shall take effect only after the City Council passes the first reading of an ordinance amending Ordinance 1449, Civic Center North Development Plan, for the hotel land use. Notwithstanding the above, the appeal period for this subdivision shall commence December 13, 1988. (4) This subdivision map shall be valid for a period of two years, or until December 13, 1990, unless extended by the Planning Commission or the final map is recorded. B12 EXHIBIT I AMENDED HOTEL AREA DEVELOPMENT PLAN STANDARDS III. HOTEL AREA A. LAND AREA: 6.2+ Acres. B. PERMITTED USE: A hotel of 236 suites maximum, including accessory uses as approved by use permit. C. SETBACKS 1. Parcel perimeter landscaped setbacks a. McInnis Parkway: 25 feet minimum landscaped, from street curb to edge of parking. b. Southeast (Gallinas Creek) side: 25 feet minimum, measured from edge of creek wetlands (i.e. approximately elevation +5.0 NGVD) to the edge of parking lot, landscaped. C. Northeast Side: 20 feet minimum landscaped, measured from parking lot edge on the hotel property to edge of parking lot on the adjoining property. Up to 15 feet of the landscaped strip may be located the adjoining property if a landscaping easement therefore is provided by the adjoining property. d. Southwest side: " 140 feet minimum measured from property line to edge of parking lot, to be landscaped predominantly with native material. 2. Building Setbacks: a. 60 feet minimum from McInnis Parkway right of way. b. 50 feet minimum from northeast property line. C. 80 feet minimum from southeast (Gallinas Creek) property line. D. BUILDING HEIGHTS: 5 stories maximum I-1 E. PARKING: 359 spaces minimum in a layout generally conforming to that shown on the Site Plan prepared by WSI Architects, identified as dated "November 10, Redesign" in the files of the Planning Department. F. ARCHITECTURAL STANDARDS: A maximum five story building mass, over a maximum building footprint generally as shown on the Site Plan prepared by WSI Architects, identified as "November 10, Redesign" in the files of the Planning Department. A maximum one story high building mass is approved for that portion of said Site Plan noted as "Conference Center". Exterior facade and fenestration design, building materials, colors and other design elements other than the approved building mass shall be as approved pursuant to an Environmental and Design Review permit. G. LANDSCAPE STANDARDS: Landscaping concepts as shown on the Master Landscape Plan prepared by WSI Architects, dated November 10, redesign on file on the Planning Department offices. Precise location, amount and size of plant materials shall be subject to Environmental and Design Review approval. H. TRIP ALLOCATION: A maximum of 157 PM peak hour trips. I-2 EXHIBIT II AMENDED RESTAURANT AREA DEVELOPMENT PLAN STANDARDS A. LAND AREA: 3+ acres B. PERMITTED USE: Restaurant, including accessory uses normally incidental to a restaurant, such as, but not limited to, sale of alcoholic beverages. Maximum building size: 7,500 square feet gross floor area. C. SETBACKS: 1. Civic Center Drive: 250 feet, between property line and building. 2. McInnis Parkway: 25 feet minimum, from street curb to parking area edge, landscaped. 3. Gallinas Creek: 40 feet minimum between restaurant and the top of creekbank slope. D. PARKING: The standards of San Rafael Zoning Ordinance Chapter 13 shall apply. E. GRADING: Grading shall generally comply with the grading Concepts Plan (Figure 4). F. ARCHITECTURAL STANDARDS 1. The architectural character of the building shall be unique and designed specifically for this site; a "prototype" building shall not be acceptable. 2. All building facades should be given equal design emphasis in response to the high visibility of the structure form all sides of the site. 3. The appearance of the building including its color and exterior materials, should not conflict with nor detract from the Civic Center and shall be integrated in appearance with the other buildings and structures within Civic Center North. 4. The building should be designed to capitalize upon the potential views of the creek channel and the Civic Center. Viewpoints should be incorporated into interior and exterior spaces in a manner appropriate to the use of the building. 5. Roof design should provide for a full roof, rather than flat roof. Mechanical equipment shall be incorporated within the building or architecturally screened from off-site viewing. Trash storage areas and containers should be screened by walls and landscaping. G. SIGNAGE 1. The maximum size shall not exceed that permitted by the San Rafael zoning Ordinance Chapter 14.12. 2. The sign shall be building -mounted and no other free-standing signs shall be allowed. 3. The sign shall be compatible in color and material with the building. 4. The sign shall be groundlit and not illuminated from within. G. BUILDING HEIGHT: One story with a 36 feet maximum to top of roof. H. LANDSCAPING 1. Street side setbacks should be extensively landscaped with ground cover, low shrubs and trees and shall complement the adjacent surroundings. Shrubs and trees should be grouped instead of being equally spaced, in order to appropriately emphasize views, provide screening and complement building design (Figure 5) . 2. Interior parking lot landscaping should be provided at the ends of parking rows or between parking stalls. 3. Plant materials should be salt -tolerant wherever determined necessary by soils test. (A partial list of salt -tolerant plants is provided in Table 2). II -2