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HomeMy WebLinkAboutPlanning Commission 2013-10-15 #4CITY OF Meeting Date: Agenda Item: October 15, 2013 l� Community Development Department— Planning Division Case Numbers: ED13-027 & UP13=6 1 P. O. Box 151560, San Rafael, CA 94915-1560 PHONE: (415) 485-3085/FAX: (415) 485-3184 Project Planner: Kraig Tambor 5)485-3092 REPORT TO PLANNING COMMISSION SUBJECT: 5800 Northgate Mall Drive (Northgate Mall Renovation, Amendment) — Request for Use Permit and Environmental and Design Review Permit approvals for renovation and re -use of the existing 29,538 square foot vacant pad building at 6000 Northgate Mall Drive (former occupied by "Rite Aid") and a parking modification to reduce number of spaces required and dimensions, as an amendment to the prior renovation project approvals granted by the City Council on April 21, 2008 by Resolution 12479 (under ED07-90, SR07-91, UP07-56 & DA07-01); APN: 175-060-61, 66, 67, 59, 40, & 12; General Commercial (GC) Zone; Macerich, LLC, Owner; North San Rafael Neighborhood. EXECUTIVE SUMMARY In 2008 the Design Review Board, Planning Commission and City Council considered a major renovation of the Northgate Mall that included the following components: a) initial demolition of existing leasable building floor area, b) a development agreement allowing the right to build -back floor area removed as part of the project, up to 0.40 FAR, and c) renovation of site parking using non-standard space and aisle dimensions (see Exhibit 6). The mall renovation has been substantially completed with the exception of the following: i) construction of a pad building along Oak Plaza, ii) anticipated demolition of the former Rite Aid building located in the east parking lot, and iii) construction of a portion of the San Rafael Promenade in front of the former Rite Aid building. The mall owners and management company, Macerich, LLC, is proposing to re -purpose the vacated Rite Aid building in lieu of its demolition, and recapture a majority of the building square footage removed as part of the renovation work. This constitutes a revision to the approved renovation work (aka, Phase 1), which has not been completed. Therefore, the proposal requires amendment to the Master Use Permit and Master Environmental and Design Review Permit approvals granted by the City Council in 2008 (Exhibit 6). A parking analysis has been provided that justifies a reduced parking demand to accommodate renovation of the subject building and construction of the future pad building along Oak Plaza (Exhibit 4). Comments and conditions have been provided by City Staff, and the Design Review Board. Staff has generally concluded that the project can be supported, with conditions. A draft resolution has been prepared with findings and conditions, amending the prior City Council Resolution of approval no. 12479 to support the revised project (Exhibit 2). RECOMMENDATION It is recommended that the Planning Commission adopt a resolution to conditionally approve the amended Master Use Permit and Environmental and Design Review Permit for the Northgate Mall Renovation Project. REPORT TO PLANNING COMMISSION - Case No: ED13-027 & UP13-001 Page 2 PROPERTYFACTS Address/Location: 5800 Northgate Mall Drive Parcel Number(s): 175-060-12, 40, 59, 61, Project Site: (also, 1500, 5000, 6000, GC 66 & 67 North: 7000 & 9000 North ate GC, O, C/O Gas station/offices South: Office, Low Density Residential O, PD, P/OS Offices & residential Property Size: 45.75 Acres Neighborhood: North San Rafael West: Office, Open Space O, P/OS, PD, HR 1.8 Commercial Center Site Characteristics General Plan Designation I Zoning Designation Existing Land -Use Project Site: General Commercial GC Shopping Mall North: General Commercial, Office GC, O, C/O Gas station/offices South: Office, Low Density Residential O, PD, P/OS Offices & residential East: General Commercial, Public/Quasi-Public GC, O, P/QP Retail, office, cemetery West: Office, Open Space O, P/OS, PD, HR 1.8 Office, open space, multi -family residential Site Description/Setting: The 44.75 acre site is comprised of five parcels, including 3 individual department store lots (Exhibit 1). The site is located in the North San Rafael Commercial Center neighborhood area, immediately adjacent to the Terra Linda neighborhood. The property has a moderate 3% cross -slope that runs from the southwest to northeast corner of the site, with an overall grade change of 23 -feet, and is bounded by collector streets on all sides. Nearby development is as described in the summary table above. The mall property allows for maximum development of 773,238 gross square foot, which consists of several interior minor tenants located within a central building, anchored by the 3 major department store tenants (i.e., Sears, Mervyns and Macys). Sears has two accessory retail service buildings; a minor automotive repair and service facility and an appliance parts and service building. A two story parking structure is also located on the southwestern portion of the Sears parcel. A freestanding vacant pad building (former Rite-Aid drug store building) is on the east side of the site, and a newly constructed and occupied pad building for Rite Aid located at the northeast corner of the site. Another new multi -tenant general retail pad building has been built adjacent to Kohl's, and a vacant pad building site remains on the opposite side of Oak Plaza. The existing department store buildings currently exceed the 36 -foot height limit (Macy's -57', Mervyn's - 43' and Sears -56). Approximately 95 -percent of the entire mall site (including the 10.4 acre Sears parcel) is covered with permeable surfaces, consisting of the buildings, walkways and parking lot (formerly providing parking for 3,171 spaces that has been reduced as part of the renovation work). BACKGROUND The initial renovation project approved by the City Council in April 2008 included renovation of the main leasable mall building area, which connects the major department store buildings (Macys, Sears and Kohl's), and construction of a new pad building for Rite Aid. The renovation included a reface of the east, north and west exterior facades of the leasable mall building to create more inviting storefronts and gathering spaces. This included demolition of the former enclosed food court on the west side of the building, which connected the multi -tenant building area with Kohl's department store building, for the purpose of creating a new outdoor plaza public gathering space. The City Council also adopted a REPORT TO PLANNING COMMISSION - Case No: ED13-027 & UP13-001 Page 3 development agreement (File No. DA07-001) that allows the mall to build -back leasable space removed as part of the renovation work, subject to provision of specific community benefits. The project improvements included upgraded landscaping and reconfigured parking areas, along with construction of a 2,300 foot portion of the North San Rafael Promenade along the property frontage. The promenade improvement has been proposed and provided as a public benefit, consistent with the terms of the DA. The mall property renovation work implements several General Plan 2020 policies that encourage upgrades to the mall, as well as the North San Rafael Vision through construction of the Promenade and creation of gathering places at the mall. The project requires amendment to the design review approvals for the proposed exterior building and site changes, and amendment to the master use permit for the modification to the mix of uses. New signage would be subject to the existing sign program that allows individual halo -illuminated letters up to 36" tall. No changes to the development agreement are proposed or required. The applicant is complying with the terms of the development agreement, and has submitted plans and funding for conduct of a housing study for the property. Lastly, staff notes that following grant of permits for the initial renovation project, the new Rite Aid building was approved and constructed through separate review and approval by the Design Review Board (File No. ED08-058). Another subsequent separate design approval was obtained for major exterior improvements made for BJ's Restaurant, an anchor tenant space located at the northwest corner of the main mall building (File No. ED09-011). The Design Review Board reviewed the current amendment proposal on September 17, 2013 and recommended approval of the building design, with direction that final parking and landscape details return for its review and recommendation prior to proceeding to the Planning Commission. In particular, the Board requested more landscaping in the parking areas and elimination of dead end parking rows that were proposed within the parking area north of the building entrance. Revised details were presented to the Board on October 8, 2013, and the Board unanimously recommended approval of these details subject to the following change: • Add two typical 8.5 -foot wide landscape islands within the angle parking proposed along the west side of the Home Goods store and two typical 7' by 7' square planters in the parking rows in the parking area to the north (front) of the building. The revisions to the parking supply are shown on the Kimley-Horn Plan Sheet 2 of 5 and Sheet 4 of 5 (Exhibit 8). Staff has recommended that parking spaces adjacent to "Pad 30" should not be revised as proposed, in order to not diminish the value of Oak Plaza as a pedestrian -friendly plaza area. The Building, Fire and Public Works department staff have also provided conditions and recommendations which have been incorporated into plans or incorporated in draft conditions of approval, Exhibit 2. Public Works staff provided an alternate parking layout to address concerns with dead end parking rows that were proposed in the Home Goods north parking lot. Staff concludes that remaining minor parking lot design details could be resolved in the final construction drawings. PROJECT DESCRIPTION The amendment to the mall renovation project approvals are being pursued to re -tenant the existing vacated Rite Aid building in the east parking lot with a new 28,510 gross square foot retail tenant (Home Goods). The project includes the following additional components: Exterior fapade upgrades on all four sides of the building, to be compatible with the approved Tenant Design Criteria The analysis prepared by Kimley-Horn initially assumed the Home Goods store renovation would result in 29,538 square feet of building area. However, this was an intentionally conservative (higher) estimate. REPORT TO PLANNING COMMISSION - Case No: ED13-027 & UP13-001 Page 4 Reduction in parking standards from 4 spaces per 1,000 square feet of gross building area to 3.8 spaces per 1,000 square feet for the regional shopping center. Parking space renovation that would continue to utilize the 8.5 -foot wide standard space dimension, 65 degree angled space and 24' backup space dimension. Completion of the frontage landscaping and promenade improvements. Based on a maximum permitted building area of 773,238 square feet of gross leasable area (allowed pursuant to the current Development Agreement DA07-001), the current proposal would retain at least 4,448 square feet of unallocated build -back space, with a future 7,700 square foot building identified for the vacant "Pad 30" site located along the Oak Plaza driveway. Amendment of the master use and design review entitlements are required to reflect this revision to the proposed build -out conditions, which would require a reduction in the required parking standard of 4 spaces per 1,000 square feet. The revised project proposes to provide up to 2,942 parking spaces (including 6 "grandfathered" spaces removed for ADA upgrades) for the entire project, and request approval of the revised 3.8/1000 parking ratio in order to accommodate the full potential build -out at 773,238 square feet. Parking supply would be increased slightly by re -striping the upper deck of the parking structure located near Kohl's and Sears, reconfiguring parking in Oak Plaza near Pad 30, providing spaces in Sears loading dock and revising the layout near the subject Home Goods building (see Exhibit 8, Sheet 2 of 5 and Sheet 4 of 5 for details). A July 31, 2013 parking analysis prepared by Kimley-Horn (K -H) demonstrates that parking demand for the mall during peak shopping days and periods would be sufficient with parking provided at a ratio of 3.8 parking spaces per 1,000 square feet (Exhibit 4). As noted, the parking analysis has considered parking demand for full potential build -out of the site back to 0.40 FAR (i.e., 773,238 total gross building square footage), which includes the 7,700 square foot future building pad and 4,448 square feet of remaining unallocated building area. The study was prepared using on actual counts conducted on the site, with adjustment made to assume lower tenant vacancy rates (more in keeping with national standards) and full build -out. These adjustments provide a conservative evaluation of the site, and show the current proposed supply would exceed demand by at least 421 spaces. While parking demand is not experienced uniformly throughout the mall parking lots, the existing conditions and mall management practices would continue to encourage employee parking in the more remote/less convenient and therefore underutilized parking spaces that are primarily located behind Kohl's and in the parking structure and other southwest parking lot locations. ANALYSIS San Rafael General Plan 2020 Consistency: The project remains consistent with the General Plan 2020 given that, a) it is consistent with the prior planning approvals and b) proposes a use that is anticipated for the underlying General Commercial (GC) land use designation. Since approval of the project the City has adopted the Sustainability Element and a Climate Change Action Plan (CCAP) that complies with new Bay Area Air Quality District standards. The applicant has prepared a LEED construction application report, and submitted the City of San Rafael Greenhouse Gas Reduction Strategy Compliance Checklist (Exhibit 5). The Project would comply with the required strategies contained in the City checklist, which in turn demonstrates compliance with the City CCAP and Sustainability Element goals and policies. Zoning Ordinance Consistency: Environmental and Design Review Permit The proposed re -use of the building is consistent with the current gross building area allowance, as established under the terms of the Development Agreement (DA07-001), and would not require any zoning or general plan amendments. Further, as recommended by the Design Review Board the REPORT TO PLANNING COMMISSION - Case No: ED13-027 & UP13-001 Page 5 building design is considered to be compatible with the approved Northgate Mall Tenant Design Criteria (Exhibit 7), thus may be considered an appropriate amendment for the Phase I renovation work. Therefore, staff and the Design Review Board recommend approval of the Master Environmental and Design Review Permit for this project, with updated conditions of approval to reflect the current work already completed and to incorporate parking lot revisions recommended by the Board and staff, discussed in the Background above as well as in the Use Permit analysis below. Findings for Environmental and Design Review Permit approval have been incorporated in the draft Resolution (Exhibit 2). Use Permit The primary concern is whether a parking modification should be permitted, pursuant to San Rafael Municipal Code Chapter 14.18, to allow parking below 4/1000; which requires approval of a use permit. In addition, staff is proposing to revise some of the master Use Permit conditions in order to reflect the new use mix and anticipated build -out potential (see Exhibit 2, draft UP Condition 1). It is expected that following completion of the Phase I renovation work no further major amendments would be required, assuming that additional development complies with the resulting established parking threshold and maximum building square footage allowance. Pursuant to SRMC 14.18.040.8 a parking modification use permit can be approved "to provide parking that is adequate, fair, equitable, logical, consistent with the intent of this chapter" and subject to review by Community Development and Public Works. The purposes of Chapter 14.18 are as follows: A. Promote the safety and convenience of all land use and circulation systems within the city by providing standards and policies for the creation and maintenance of vehicular off-street parking and loading; B. Promote more efficient street systems by reducing to a minimum the congestion which may be created by uncontrolled parking; C. Promote the continued health and vitality of all land uses by providing reasonable satisfaction for normal parking demands; D. Promote compatibility among adjacent land uses and enhance the appearance of the city through appropriate design and aesthetic standards related to parking; E. Ensure that off-street parking and loading facilities are provided for new land uses and for major alterations and enlargements of existing uses in proportion to the need for such facilities created by each use; F. Establish parking standards for commercial and industrial uses consistent with need and with the feasibility of providing parking on specific commercial and industrial sites; G. Ensure that off-street parking and loading facilities are designed in a manner that will ensure efficiency, protect the public safety and, where appropriate, insulate surrounding land uses from adverse impacts; H. Establish parking standards which recognize the more urban character of parking downtown. The K -H parking analysis has been reviewed and accepted by the Department of Public Works. The analysis assumes demand based on full build -out of the mall (i.e., 773,238 square feet that includes the Home Goods store reuse, future Pad 30 building, and 4,448 square feet of remaining FAR). The analysis also assumes a lower vacancy rate of 5%, versus the 7% vacancy rate currently experienced. This lower vacancy rate is consistent with the national average showing anticipated performance and turnover for a REPORT TO PLANNING COMMISSION - Case No: ED13-027 & UP13-001 Page 6 large regional shopping mall, and adjusts for under -performance and vacancies experienced at the mall. The analysis also has been actual counts conducted at the mall to determine parking patterns, with the demand calculated for during peak weekday, weekend and holiday shopping periods. This has shown that proposed supply would exceed peak demand by more than 400 spaces. The difference between parking provided at the current 4/1000 ratio is 151 spaces (i.e., 3,093 spaces required at 4/1000 versus up to 2,942 spaces proposed at 3.8/1000). Based on this review, staff is satisfied that the peak parking demand would be satisfied with a reduction in supply. Further, there is sufficient additional supply to allow the existing parallel spaces near Pad 30 to remain unchanged, and for additional landscaping islands to be provided in the reconfigured spaces near Home Goods, as recommended by the Board. Further minor deviation may be required during final refinement of the parking lot, with a net additional reduction in supply by 20 parking spaces. This is considered by staff to be an insignificant additional loss in parking, and would remain compliant with the 3.8/1000 ratio. It is recommended that the Planning Commission approve the project and parking modification, subject to revised conditions of approval discussed herein, including, i) that the existing parallel parking adjacent to Pad 30 shall remain unchanged, ii) that Board recommended landscaping enhancements in the revised parking lot by Home Goods shall be provided, iii) that employees be encouraged to park in the remote parking spaces (i.e., at the southwest corner of the site, in the parking structure, behind Kohl's and in the Sears loading dock area) and subject to oversight by mall management. See Exhibit 2, draft UP Condition 34 for the revised parking ratio, Condition 36 for employee parking requirements and draft ED Condition 12 for revised parking layout requirements. DESIGN REVIEW BOARD RECOMMENDATION As discussed in the Background section above, the Board has provided its final recommendation of approval of the project design and parking layout, with the following condition: • Add two typical 8.5 -foot wide landscape finger islands within the angled parking proposed along the west side of the Home Goods store and two typical 7' by 7' square planters in the parking rows in the parking area to the north (front) of the building. The Board recommendation has been incorporated into the project conditions of approval. The September 4, 2013 and October 8, 2013 Board meeting minutes and staff reports are available for review on the City website: http://www.cityofsanrafael.org/meetings/ ENVIRONMENTAL DETERMINATION The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15301 of the CEQA Guidelines which exempts minor alterations to existing structures. NEIGHBORHOOD MEETING / CORRESPONDENCE Notice of hearing for the project was conducted in accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and occupants within a 500 -foot radius of the subject site, Neighborhood Associations, and all other interested parties, 15 calendar days prior to the date of all meetings, including this hearing. Public notice REPORT TO PLANNING COMMISSION - Case No: ED13-027 & UP13-001 Page 7 was also posted on the subject site 15 calendar days prior to the date of all meetings, including this hearing. No written correspondence has been received on the proposed amendment. OPTIONS The Planning Commission has the following options: 1. Approve the application as presented, with conditions (staff recommendation) 2. Approve the application with further modifications, changes and/or conditions of approval. 3. Continue the applications to allow the applicant to address any of the Commission's comments or concerns 4. Deny the project and direct staff to return with a revised resolution EXHIBITS 1. Vicinity/Location Map 2. Draft Resolution of Approval, Northgate Mall Renovation Amendment 3. Applicants Project Narrative 4. Kimley-Horn July 31, 2013 Northgate Mall Parking Demand Evaluation 5. Greenhouse Gas Reduction Strategy Checklist 6. City Council Resolution 12479 (Northgate Mall Renovation - UP07-056, ED07-090 & SR07-91) 7. Tenant Design Criteria Excerpts 8. Project Plans (distributed to the Planning Commission only) L>,AU-�r I -, Vku,�vdty (,5)800 Nordqputer- MaH Drkie) -ell c� ti EL M 4NUl" dEIMYDALE /I__! iL V N SCALE 1 :6,815 500 0 500 1,000 1,500 FEET Tuesday, August 27, 2013 4.46 PM Exhibit 2 RESOLUTION NO. 13 - RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED13-027)AND A USE PERMIT (UP 13-001) FOR AMENDMENTS TO THE NORTHGATE MALL RENOVATION PROJECT LOCATED AT 1500, 5000, 5800, 6000, 7000 and 9000 NORTHGATE MALL DRIVE APN: 175-12, 40, 59, 60, 61, 66, 67 & 69 WHEREAS, on April 21, 2008 the City Council adopted Resolutions 12478 and 12479 approving a Development Agreement (DA07-001), Design Review Permit (ED07-090), Use Permit (UP07-56) and Sign Program (SR07-91) for the Northgate Mall Renovation Project; and WHEREAS, building permits were issued for the mall renovation work, designated as Phase I that comprised renovation of the main mall building including an initial reduction in gross leasable building area (which could be rebuilt pursuant to the terms of DA07-001 as a future Phase II), construction of a new Rite Aid building with demolition of the existing Rite Aid Building for additional parking, and construction of San Rafael Promenade pedestrian frontage improvements. The project has been diligently pursued toward completion, with outstanding work remaining to complete Phase I, including demolition of the former Rite Aid building for replacement with parking and completion of the San Rafael Promenade improvement; and WHEREAS, on April 26, 2013, Macerich applied for amendments to the Master Use Permit and Design Review Approvals granted by the City Council by Resolution 12479, requesting approval to repurpose the vacated Rite Aid building and reduce the parking ratio form 4/1000 to 3.8/1000; and WHEREAS, on September 17, 2013 and October 8, 2013 the Design Review Board reviewed the project and voted unanimously to recommend approval of the project, with conditions; and WHEREAS, upon review of the application, the project has been determined to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines which exempts modifications made to existing structures; and WHEREAS, on October 15, 2013, the San Rafael Planning Commission held a duly noticed public hearing on the proposed Use Permit (UP 13-001) and Environmental and Design Review Permit (ED 13-027) amendments, accepting all oral and written public testimony and the written report of the Community Development Department staff. NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following findings relating to the Use Permit and Environmental and Design Review Permit amendments: Use Permit Findings (UP13-001) A. The proposed redevelopment of the retail shopping center use, as amended and with no intensification proposed, is in accord with the General Plan 2020, the objectives of the zoning ordinance, and the purposes of the GC district in which the site is located, based on the analysis in the current October 15, 2013 staff report and the prior March 25, 2008 Staff Report to the Planning Commission and the prior April 21, 2008 Staff Report to the City Council, the attachments and discussion at the public hearings held on this project in that; a. The shopping center redevelopment, and the existing and proposed mix of uses are consistent with the General Plan 2020 General Commercial Land Use Designation which designates the site for commercial use, the project has been evaluated for consistency with all General Plan policies and based on the analysis of the City contained in staff's reports to the Commission and Council the project does not conflict with any General Plan 2020 Policies, and the project is consistent with all applicable Policies including; i. Land Use Element Goals and Policies LU9a (Intensity of Nonresidential Development), LU -15 (Convenience Shopping), LU -23 (GC Land Use Category), which support and encourage the renovation and redevelopment of the Northgate Regional shopping center, as proposed with no intensification or change in use; ii. Neighborhoods Element Policies NH -14 (Gathering Places and Events), NH -131 (North San Rafael Town Center), NH -132 (Town Center Activities), NH -133 (Mall at Northgate), NH -134 (Outdoor Gathering Places), NH -136 (Design Excellence), NH 139 (Pedestrian and Bicycle Safety and Accessibility), NH 139a (Promenade and Other Improvements), NH 140 (Pedestrian Scale), NH 141 (Mall Entrance), NH 141 a (Improved Entrance to the Mall), NH 159 (North San Rafael Promenade), which further support the renovation of the center as proposed with enhancements to the site parking, revised entryways, landscaping, pedestrian pathways, promenade improvement and enhanced outdoor gathering areas; iii. Community Design Element Policies CD -10 (Nonresidential Design Guidelines), CD -17 (Street Furnishings), CD -18 (Landscaping), CD -19 (Lighting), CD -21 (Commercial Signage),CD-21 (Parking Lot Landscaping), which support the building, parking and sign upgrades to the appearance of the mall, particularly where this would enhance the quality of life by providing pleasing and convenient shopping areas, and places for residents to gather in the community; iv. Economic Vitality Element Policies EV -4 (Local Economic and Community Impacts), EV -6 (Shop Locally), EV -13 (Business Areas), EV -14 (Support for Business Areas), EV -15b (Neighborhood Upgrades), which support renovations to improve the success and vitality of the mall; V. Sustainability Element Goals and Policies addressing climate change and greenhouse gas reduction in that the project would reuse an existing building, achieve LEED Silver certification and implement all of required greenhouse gas reduction strategies necessary to be complaint with the City Climate Change Action Plan, which meets the requirements of the Bay Area Air Quality Management District; vi. Traffic Element Goal 13 (Mobility for All Users), and Policies C-5 (Traffic Level of Service), C-24 (Connections between Neighborhoods and Activity Centers), C -24a (North San Rafael Promenade), C -26a (Bicycle Plan Implementation), C-27 (Pedestrian Plan Implementation), which further support the proposed promenade improvement, and enhanced pedestrian connections, walkways, and convenient bicycle parking areas that would be provided near the new entryways at the mall; and vii. Infrastructure, Conservation and Air & Water Quality Elements Policies I-8 (Street Trees), CON -18 (Resource -Efficient Building Design) and AW -8 (Reduce Pollution -2- from Urban Runoffi, which support the proposed street tree plantings along the frontage, intent of the owner to incorporate green building practices and techniques in the renovation and parking lot improvements, and incorporation of stormwater pollution treatment equipment on the site. b. The project and use is consistent with the objectives of the Zoning Ordinance in that the Purposes of the Zoning Ordinance, specified in Chapter 14.01, which are to promote and protect the public health, safety, peace, comfort and general welfare, will be met by the proposed design and use in that the project, as designed and conditioned, complies with the zoning code as further discussed in Finding C below; and each of the specific purposes will be met as follows: i. The project implements and promotes the goals and policies of the San Rafael General Plan 2020, so as to guide and manage future development in the city in accordance with such plan, as discussed in Finding A.a above; ii. The renovation and use will foster harmonious and workable relationships among land uses, in that it continues a permitted and desirable commercial land use in a location that is deemed suitable for the regional shopping center use, that has been designed to satisfy and achieve greater conformance with City design standards as discussed further in Use Permit Finding C as well as the Environmental and Design Review findings below; iii. The project reduces negative impacts caused by inappropriate location, use or design of buildings and improvements in that it would improve existing landscaping and pedestrian walkways to conform more closely to City standards, and it is intended to revitalize the shopping center which is appropriately sited consistent with the specific purpose of the GC district as stated in Finding A.c below, but which is currently under -performing; iv. The project protects, strengthens and diversifies the economic base of the city, in that it is intended to revitalize the mall and increase commercial shopping opportunities at the mall which is identified in the General Plan as an important retail area of the City; V. The mall renovation project promotes viable commercial enterprises that provide diverse employment opportunities for city residents; vi. The renovation project ensure the adequate provision of light, air, space, fire safety and privacy between buildings in that buildings will be upgraded to meet current building and fire codes; vii. The project will provide adequate, safe and effective off-street parking and loading facilities in that existing facilities will be upgraded to provide better circulation with new driveway entries and drive aisles that lead cars more efficiently and directly to parking areas, and will include way -finding signage in appropriate locations at main driveway intersections, and additional loading areas will be provided with new buildings, such as the proposed relocated Rite Aid drug store building at the northeast corner of the site; viii. The project will promote a safe, effective traffic circulation system, and maintain acceptable local circulation system operating conditions in that it does not intensify the existing use, and will provide alternative bicycle and walkway paths to encourage walking, and will improve driveway crossings to reduce potential vehicle and pedestrian conflicts; -3- ix. The project will promote design quality in the development in that it includes renovation of building facades to create more inviting, well articulated and defined, and pedestrian oriented storefronts along the east, north and west elevations of the mall; X. The project will preserve and enhance natural resources and key visual features in the community, including the bay shoreline, canal, wetlands, and hillsides in that the redevelopment will not affect any of these resources; xi. The project will protect and conserve the city's existing housing stock in that the commercial shopping center renovation does not affect housing stock; xii. The project will promote housing development to meet housing needs, including affordable housing and special housing needs in that the commercial renovation project does not trigger the need for additional housing, but will maintain the ability to provide housing on the site if future development occurs on the property; xiii. The project coordinates the service demands of new development with the capacities of existing streets, utilities and public services in that the renovation involves no intensification of use, but will upgrade its street frontage, storm drainage treatment facilities and driveway entries into the site to improve circulation; xiv. The project has provided for effective citizen participation in decision-making in that the applicant has held 10 community meetings, has been reviewed by the Design Review Board at three noticed public meetings to receive additional input on the concept, and noticing has been conducted as required by Chapter 14.29 for all public hearings, including extending noticing to residents and owners within 1,000 feet of the site, neighborhood groups in North San Rafael, as well as bicycle and other community interest groups. c. The project is consistent with the purposes of the GC district in which the site is located given that it satisfies Section 14.05.010.I, which states the general commercial district promotes a full range of retail and service uses in major shopping centers and certain areas of the city which have freeway and major street access and visibility, and the subject site is an existing regional shopping mall located on major streets in the North San Rafael Commercial Center neighborhood. B. The proposed use, as amended, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the city in that: a. The amendment to the renovation to the existing Northgate Mall Renovation Project involves no intensification of use and, therefore, the revised project remains exempt from the California Environmental Quality Act (CEQA) guidelines pursuant to the CEQA Guidelines, Class 1 Existing Facilities exemption (pursuant to CEQA Guidelines Section 15301) which allows interior and exterior alterations of existing structures and covers the proposed exterior and interior renovation work for the existing commercial building. Furthermore, the exemption is not subject to any of the "Exceptions" qualifications in Section 15300.2 of the guidelines, which would preclude use of the above exemptions, given that the project is not located in a particularly sensitive environment; and -4- b. The scope of work does not intensify the existing use of the site, and all work would be conducted in conformance with City standards for design, use, construction and noise. Based on the application submittal and environmental checklist, proposed work would comply with City standard hours and noise thresholds for construction. No work is proposed outside of daytime hours, except some interior demolition and renovation work which would not exceed 90dBA exterior noise thresholds or thresholds identified in the San Rafael Municipal Code Section 8.13.040 General Noise Limits, thus no undue noise generating activities would occur. The project phasing and staging is included in the plan sets, which places these activities as far from the nearest residential uses as feasible. Additionally, as discussed above, the project proposes to install new storm drain treatment equipment that will address site run-off in compliance with storm water runoff requirements, as well as portions of uphill properties off-site. Lastly, the project applicant has stated they are proposing to incorporate Green Building construction techniques, and has informed staff and the Commission that they have registered with Leadership in Energy and Environmental Design (LEED) to get a LEED green building certification for the project, which is supported by City regulations. Staff notes that this is not required since no new development is proposed, but that the steps taken herein further support the conclusion that the project does not trigger any exceptions to the categorical exemptions that apply to this development. C. The proposed use complies with each of the applicable provisions of the zoning ordinance, as `detailed in the October 15, 2013 report to the Planning Commission in that: a. The shopping center use is wholly consistent with the GC zoning district and satisfies all of the applicable development standards in table 14.05.020 in that it will achieve greater conformance with the minimum 15% landscaping requirements by increasing landscaping areas from 5.3% (2.35 ac.) to 7% (3.11 ac.) and increasing the frontage landscape setback from approximately 8 to 12 feet in dimension to up to 24 -feet in dimension, with 5 -foot buffer landscaping adjacent the street frontage and parking lot; maintains compliance with the 36 foot height limit following the building changes, with main building height of 33' and architectural tower elements that extend up to 50 -feet including a clerestory roof feature which would add interest to and enhance the building as allowed through design review pursuant to Zoning Code Section 14.16.120; and maintains the existing non- conforming 0.40 FAR which is allowed for redevelopment pursuant to General Plan Policy LU -9 and consistent with the Non -Conforming Structure regulations in Zoning Code Chapter 14.16. b. Redevelopment of nonconforming sites is allowed under Section 14.16.150.F and 14.16.270.0.6 where the discrepancy between existing conditions and the development standards would not increase. The renovation would not increase the existing FAR nor intensify use of the site, nor increase an existing non -conforming parking or landscaping standard. The proposal would maintain the same nonconforming layout and design for the majority of the reconfigured parking lot with 65 degree angled spaces and 8.5 -foot wide standard spaces where the current code establishes 60 degree and 9 -foot dimensions, which is permissible under Section 14.18.240 (Grandfathered Parking) if approved by the review authority upon consideration of relevant constraints and limitations. The applicant has modified compact parking to comply with the code allowance (30% of parking -5- supply), and maintaining an 8.5 foot standard space dimension and 65 degree angle would enable them to maintain an adequate parking ratio for the center while accommodating increased frontage setbacks of 12 -feet, the San Rafael Promenade frontage improvement, and an increase in the size and number of parking lot landscape planters to conform more closely with the Zoning Code. The drive-through approved for the Phase I Rite Aid project has satisfied requirements of Section 14.16.110 by providing adequate separation of vehicle aisles, adequate room for vehicle stacking out of drive aisles, and avoiding conflicts with pedestrians; and will be subject to further review by the City under a separate design review permit which will ensure compliance is achieved. d. Parking requirements of Chapter 14.18, as proposed and conditioned, would be satisfied for the project as follows: i. A parking modification has been requested pursuant to San Rafael Municipal Code 14.18.040 that has been supported by documentation, including a detailed parking demand survey and evaluation completed July 31, 2013 by Kimley-Horn and Associates, Inc. The parking demand study has been reviewed by the Community Development Department and Public Works Department staff, and its analysis and conclusions have been accepted as adequate to demonstrate that peak demand of the regional shopping mall would be satisfied by the proposed parking supply, at a ratio of 3.8 spaces per 1,000 sq. ft. of building area. This analysis has included conservative review of the mall by assuming a maximum 5% vacancy rate for the mall based on full build -out up to 773,238 floor area, with a proposed supply of 2,942 spaces for customers and employees (including 6 grandfathered parking spaces). As such, the project the analysis concludes that the parking supply (adjusted to consider the more conservative vacancy factors) would fall below the City standard by 151 spaces, but would still maintain excess available parking capacity during peak weekday, weekend and holiday shopping periods, with over 400 unused parking spaces. Employees would continue to be required as a condition to be encouraged to park in the more remote and under-utilized locations of the site, which occur at the south west areas of the site. ii. Designated parking for clean are vehicles could be accommodated, and are encouraged, although they are not required for this project because it involves reuse of an existing building. iii. Compact parking spaces comply with the 30% maximum allowance. iv. ADA parking has been provided in compliance with requirements (e.g., roughly equivalent to 2% of total parking provided). v. Loading areas have been accommodated with the relocated Rite Aid building at the northeast corner, and for the new restaurant buildings in the oak plaza driveway vi. Short term bicycle parking has been accommodated in walkways near the main entrances to buildings and on the east, north and west sides of the building, and can be increased as need arises. vii. While preferable to meet current City standard 9 -foot parking space dimension and 60 degree angled space configuration, the applicant's request to continue using the nonconforming 8.5 foot wide standard space dimension and 65 degree angled parking -6 stalls for renovation in the majority of the existing parking areas can be supported for a renovation project under Section 14.18.240.E given that it does not involve an intensification of use, the new parking layout and drive aisles should improve on-site circulation, and the design will enable desired Promenade frontage improvements and increased parking lot landscaping to be provided which more closely conforms to the code. e. The project will provide more trees to satisfy the 1 tree per 4 parking space ratio and wider 7' by 7' dimension landscape planters in the parking lot to meet the minimum 6 - foot interior dimension and 36 square feet of planter area standards. f. The project remains subject to a well designed sign program, in compliance with Chapter 14.19, which substantially complies with the sign regulations, but allows some flexibility to increase the number of monument entry signs, building identification signs at building entryways, and establishment of sign design criteria that ensures uniform, high quality, individual lettered signage will be installed. g. The use permit, as conditioned, adequately regulates the proposed mix of commercial uses for the shopping center as required pursuant to Chapter 14.22. h. A Development Agreement has been reviewed and approved by adoption of separate Ordinance 1866, which was effective June 4, 2008, in compliance with Chapter 14.16, that preserves ability to build back commercial space removed as part of the initial phase of the renovation project, subject to provision of specific public benefits (i.e., approximately 50,000 square feet of commercial space was initially to be removed that has been reduced to approximately 4,448 square feet with this amendment to the initial phase, and that may be restored during the term of the Agreement ending June 4 2023, subject to certain rights and limitations). i. Findings for Environmental and Design Review Permit approval ED13-027 have been made as required pursuant to Chapter 14.25, as discussed in detail below. Environmental and Design Review Permit Findings (ED13-027) A. The project design is in accord with the General Plan 2020, as discussed in Use Permit UP07- 56 Findings A.a above. B. The project design, as amended and conditioned, remains consistent with all applicable site, architecture and landscaping design criteria and guidelines for the GC district in that, as discussed in staff's current October 15, 2013 report to the Planning Commission and prior March 25, 2008 and April 21, 2008 reports to the Planning Commission and City Council. the criteria in Section 14.25.050 would remain satisfied, particularly the following: a. Criteria E, Site Design, is satisfied in that the modified drive aisles, new entry at Del Presidio, relocated entry on Las Gallinas Drive, and reconfigured entry at Merrydale will improve site circulation and access, and the new design of the building will result in a harmonious relationship between structures with more articulated, varied and interesting -7- buildings, creation of public gathering spaces on walkways with differentiated paving materials, and creation of more well-defined pedestrian walkways, plazas and paths through the center and along the frontage. b. Criteria F, Architecture, in that the new building design and Tenant Design Criteria, and architectural building projections and elements proposed will create more interest, will result in a pedestrian scale for storefronts with at least 80% covered awnings and similar features provided over the walkways and entry's for visitor comfort and convenience, high quality materials and a variety of styles is required for the building and individual shops, service areas will be screened within the building features, new decorative and textured hardscape treatments are proposed as well as enhanced landscaping throughout the parking lot with landscaped planters and seating areas near the building on the walkway and plaza areas, new high quality signage and improved lighting is proposed to clearly direct visitors, enhance the ambience and provide better security and sense of well being. C. The project design minimizes adverse environmental impacts in that the renovation involves no intensification of use and will upgrade the existing site conditions as follows: a. It improves existing circulation with the reconfigured drive aisles and parking layout, including the revised orientation and 90 -degree parking provided in front of Mervyns. b. Provides greater shading of parking areas with more trees uniformly dispersed throughout the parking lot to reduce heat gain and improve comfort. c. Will improve ADA accessibility with new walkways and safer crossings at driveways, which have been evaluated by the City Building and Public Works Divisions. d. Proposes to implement green building techniques and practices. D. The renovation project design as amended will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity, in that: a. As discussed in the updated Use Permit 13-001 Finding A.b and Finding B, the project meets the objectives of the Zoning Ordinance which ensures no detrimental affects to the public would result. b. The lighting upgrades as proposed would not create glare or result in levels that are insufficient for adequate security. c. Site improvements and new walkways have been conditioned for review with final improvement plans and include appropriate ADA design features such as smooth surfaces, minimal slopes and truncated domes. d. New and reconfigured drive aisles have been evaluated by the City traffic engineer and conceptually found to satisfy criteria for adequate vehicle and pedestrian sight distance at intersections, safety and design criteria, and such features have been adequately conditioned and will be further refined with final project improvement plans. -8- e. Upgrades to the building will be included and are required to comply with current Building and Fire codes. f. The project is exempt from the provisions of CEQA, as discussed in Use Permit 07-056 Finding B. BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Rafael approves the revised Master Use Permit and Master Environmental and Design Review Permit subject to the following updated conditions of approval: Conditions of Approval (UP13-001) (Amendment to Master Use Permit UP07-56) Community Development Department, Planning Division Allowed Uses and Limitations 1. This approval shall supersede and replace UP07-56 in its entirety, granting revised Master Use Permit approval for the Northgate Mall regional shopping center on a 44.75 acre site, comprised of the following uses and gross building areas: A. Existing Buildings and Uses to Remain Unchanged: • Sears Department Store (3 Levels plus 2 outbuildings*): 134,976 sq. ft. (*Sears outbuildings include a 16,300 sq. ft. 3 -bay automotive service facility and 12, 000 sq. ft seasonal sales or appliance repair service facility) • Kohl's Department Store (2 Levels): 81,340 sq. ft. • Macy's (3 Levels): 254,015 sq. ft. B. New & Reconfigured Building Areas*: • Rite-Aid Drug Store & Drive -Through: 17,340 sq. ft. • Mall Gross Leasable Multi -Tenant Building Areas*: 251,581 sq. ft. (*This includes the renovated mezzanine level for then mall administrative offices, mezzanine levels where permitted for interior mall retail tenants, food court tenants, existing theater space, as -built 6,788 square foot multi-tenantpad building constructed and occupied adjacent to Kohl's and the future 7,700 square foot pad building located adjacent to the main mall building, along the Oak Plaza drive) • Home Goods pad retail building: 29,538 sq. ft. 0 Remaining (Unutilized) Build -back Retail Space: (4,448 sq. ft.) C. Gross Floor Areas. • The Mall Gross Leasable Building Areas includes the following: The leasable multi -tenant shops including mezzanine levels and food court spaces, current 2,200 seat theater occupying 45,000 sq. ft., the new retail pad buildings on Oak Plaza, the mall management offices located on the 2nd level, food court restrooms and the tray wash dedicated area. • The Gross Leasable Building Area does not include the following: The open "public concourse" and "food court dining area", required "exiting and service corridors", and the "service/trash areas"; which have been relocated from parking areas and incorporated into the building footprint. Temporary kiosk retail uses (generally less than 300 square feet in size) may be placed within the interior concourse subject to compliance with Fire and Building requirements for access, circulation and safety. 2. In general, hours of operation shall be established as follows: Standard Retail Business Hours: Mon -Sat. 10:00 AM — 9:00 PM Sunday 11:00 AM — 6:00 PM Century Theater: Mon -Sun. 11:00 AM —1:00 AM Major (Anchor) Department Store Hours: Macy's: Mon -Sat. 10:00 AM — 9:00 PM Sunday 11:00 AM — 7:00 PM Kohl's: Mon -Sat. 9:00 AM —10:00 PM Sunday 9:00 AM — 9:00 PM Sears: Mon -Fri. 9:30 AM — 9:00 PM Saturday 9:00 AM — 9:00 PM Sunday 10:00 AM — 7:00 PM Sears Auto Service: Mon -Sun. 8:00 AM — 8:00 PM Rite-Aid Store & Drive -Through Hours: Mon -Sun. 9:00 AM —10:00 PM Restaurant Hours: Applebee's: Sun -Fri. 11:00 AM —10:00 PM Saturday 11:00 AM —1:00 PM China Villa: Sun -Tues. 11:00 AM — 9:30 PM Fri&Sat. 11:00 AM —10:00 PM -10- Exceptions and Deviations to Hours: The hours of operation for retail uses may flex with the holidays (generally mid- November through December), and theater and restaurant hours may vary based on seasonal demand or change in services. In particular, restaurants may offer a breakfast service as early as 6:00 AM and stay open as late as 1:00 AM on Friday and Saturdays, subject to the approval of the City Public Works Director and determination that the hours would not create traffic congestion concerns. 3. Pursuant to the terms of a Development Agreement DA07-01, the mall shall be permitted to build -back the remaining commercial retail space removed as part of the renovation up to the existing 0.40 FAR, or 773,238 square feet of building area. Such additions shall be subject to the current zoning development standards and design requirements in effect at that that time, including compliance with the Tenant Design Criteria adopted for the Northgate Mall Renovation Project. The development agreement may be reviewed annually and can be referred to the City Council for a hearing and review if the terms of the agreement are not being met. 4. The mall shall be used for a group of commercial establishments as listed in the GC district's commercial land use tables, managed as a unit with a covered common gathering area and on-site parking. 5. The exterior storefront spaces shall be reserved for the primary commercial retail tenants and services uses, including food service, financial service and theater uses. 6. Separate design review approvals may be required for further building changes, as stipulated Environmental and Design Review Permit approval ED13-027. 7. The mall shall maintain security and public safety measures for the facility. The mall shall maintain trash and litter control of the premises at all times, including parking lot and sidewalk sweepers. Theater Use Provisions Fire Department 9. The Theater use shall be subject to annual fire inspection by the Fire Marshall, and shall address any potential life safety issues that may be identified as a result of such inspections. Police Department 10. Public telephones shall be available, and functional, on each side of the theater, preferably inside the lobby of the opposing theaters or within 75' of the ticket sales booth. -11- 11. A "time drop" or other money safe type device shall be provided at the box office and refreshment sales counter. The device shall be securely fastened to the floor or other non- movable fixture. 12. The staffing of private security officers shall include an additional officer solely assigned to patrol the theaters. This shall include random patrols of parking areas normally frequented by theater patrons (south, east and west lots), and within theater lobbies and ticket booth area. The officer shall be on duty from 6:00 PM to thirty minutes after the conclusion of the last movie. Consideration shall be given to increase staffing during weekend matinees and holiday season extending from November 26 to December 30. Officers shall discourage loitering, vandalism, littering and noise. Security levels may be reassessed by the Mall and Police Department on a quarterly basis in order to assess the need for more security officers. Upon written agreement of both parties it may be desirable to increase or decrease the number of days/hours for the security personnel. Planning Division 13. The mall may continue operation of a 15 screen, 2,600 seat maximum theater complex as indicated on approved site plans. This includes second story mezzanine levels for film projection areas, storage and employee offices. Hours shall be 11:00 AM to 1:00 AM, 7 days a week. Any change in use shall require an amendment to this permit. 14. Employees whose shifts end after 10:00 PM shall be required to park in the east and west parking lots. 15. Mall management shall coordinate quarterly meetings with mall management, security staff, Police Department, and adjacent residential neighborhood association group representatives to discuss and address security and noise related issues, as needed. If complaints in this regard are received by the City, City staff will contact mall management to take action in compliance with this condition. 16. Screenings shall be staggered to limit high volumes of cars exiting the site simultaneously. 17. The theater shall assist the mall in maintaining the parking lots in their area of influence free of litter and debris. 18. Mall management shall monitor parking on weekend days during the holiday season on an hourly basis (week of Thanksgiving through December). Should the available on-site parking stalls drop below 100, the mall shall implement measures to provide off-site employee parking, off-site customer parking, and/or valet parking. Consideration shall be given to providing employees with bus passes, and use of shuttle services to relieve parking congestion. Existing Uses and Public/Quasi-Public Uses 19. A meeting and assembly space of approximately 1,300 square feet shall be allowed to be provided for public/non-profit groups throughout Marin County. Minor modifications or -12- revisions of the meeting area use shall be subject to review and approval of the Planning Division. Modifications deemed major shall be referred to the appropriate reviewing body. Any public meeting space provided shall be located in an interior or upper floor space. 20. Any existing public and quasi -public uses or other conditionally permitted uses that are currently operating within the mall may be allowed to re -occupy the new mall area upon completion of the renovation work. If any such uses do not secure a new lease to reoccupy the mall when the renovation is completed,, their prior approvals shall become null and void. 21. An office for the San Rafael Police Department shall be permitted, as provided under Development Agreement DA07-01. The area shall be directly accessible to the common area, shall have internet access and be at least 200 square feet in area. 22. Public/quasi-public, administrative office or other non -retail serving commercial uses should be located in interior space or upper level locations. Outdoor Event Provisions and Limitations 23. The oak plaza area shall maintain bollards so the area can be closed off for events. The area may be programmed for events during normal mall business hours. 24. A permit shall be obtained from the Police Department for amplified music or live entertainment. 25. Other special events, or events outside of normal mall business hours, shall require a temporary use permit. 26. Outdoor events shall not create a noise nuisance to residential neighborhoods. Restaurant Use Provisions and Limitations 27. A maximum of 20% of the mall gross leasable area shall be allowed to be used for large sit down, table -service restaurant uses over 2,000 square feet in size (e.g., 238,186 sq. ft. x .20 = 47,637 sq. ft.). Additional large sit down table -service restaurant uses may be approved subject to an administrative use permit and review by the City traffic engineer to ensure that compliance with shopping center trip and traffic generation rates is maintained. Small cafe, specialty food, and food court uses are not included in this calculation. 28. Ancillary outdoor seating areas for restaurant uses may be allowed up to 25% of their indoor seating area. Seating areas shall be adjacent to the respective restaurant use. 29. Additional ancillary outdoor seating area(s) may be provided for food court, cafd's and other small food service uses within exterior walkways, outdoor plaza and gathering areas. Generally, outdoor seating shall not be more than 50% of combined indoor seating capacity for these uses. -13- 30. Clear pedestrian walkways shall be maintained around all ancillary outdoor seating areas. 31. Furnishings and enclosures used for outdoor seating areas shall be consistent with the design criteria established for the mall. 32. Entertainment may be considered as ancillary to the large restaurant uses, during normal business hours. Parking Provisions and Limitations 33. The existing 8.5 -foot wide standard space dimension and 65 degree angled parking configuration may be maintained for the renovation project. Any intensification in use that requires more parking stalls to be provided on-site shall be subject to compliance with current parking standards, and would require grant of appropriate approvals to vary from current standards. 34. The Mall at Northgate shall be permitted to maintain a minimum ratio of 3.8 parking spaces per 1,000 gross square feet of leasable mall space, based on the maximum potential build -out of 773,238 square feet (0.40 FAR). 35. Bicycle parking shall be provided in compliance with regulations, which establishes bicycle parking shall be equivalent to 3% of the vehicle parking amount, and spaced in convenient locations near the building entryways. 36. The mall shall continue to monitor and encourage employees to park within the underutilized parking locations at the northwest corner, southwest corner and parking structure. In addition, the 36 spaces at the back of the Kohl's department store building and the 9 spaces proposed within the Sears loading dock shall be designated and used for employee parking. 37. The mall shall consider implementation of a transportation management system program to reduce employee traffic and manage parking on-site, as necessary, particularly during holiday seasons; consistent with the parking monitoring requirements established as a condition of the theater use. Promenade Construction 38. The North San Rafael Promenade improvement proposed along the project frontage shall be implemented in substantial conformance with approved plans and in accordance with the terms of the Development Agreement. Duration, Expiration and Applicability 39. The Master Use Permit approval for the Northgate Mall ha been inaugurated and shall remain valid for the duration of the use. This approval shall supersede and replace Master Use Permit UP07-56). Any changes or modifications shall be subject to prior review and approval by the Community Development Director to verify compliance with applicable zoning regulations and all active zoning entitlements. -14- Master Environmental and Design Review Permit Conditions of Approval (ED13-027) Community Development Department, Planning Division 1. This Master Environmental and Design Review Permit for the Northgate Mall Renovation Project shall supersede ED07-90) granted for the project, except that the existing approved signage, building design and uses of the Macy's, Kohl's and Sears department store buildings and the 10.4 acre Sears property shall not be required to be redesigned unless or until they submit separate plans for renovation, modification or improvement of their buildings and facilities. 2. This Environmental and Design Review Permit approval shall be subject to Master Sign Program approval SR07-91 and amended Master Use Permit Approval UP13-001. Building and Site Design Requirements 3. The renovation of the mall shall be implemented in compliance with the following project plans, as amended and subject to further modification based on the conditions herein: a) Plans for renovation of the mall (Phase I) dated March 2008, consisting of Civil Plans C.PC.01.01 through 19, Architectural Plans A.SD.CS.01 through A.SD.45.02, Landscape Plans L.SD.01.01 through 12, the Mall at Northgate Materials Board exhibit, exterior site furnishings and Exterior In -Line Tenants Design Criteria — Updated: January 29th 2008. Plans submitted for building permit shall conform to approved project plans, except as modified by conditions herein. b) Plans for revision to renovation of the mall (Phase I), approving the Home Goods building re -use in lieu of demolition, date stamped approved October 15, 2013, consisting of Kimley-Horn Sheet 1 of 5 through 5 of 5, RHAA Concept Landscape Plans Sheet 1 of 3 through 3 of 3, Kimley-Horn Site Plan Sheet 1 of 2 and 2 of 2, 505 Design Elevations Sheet 1 of 2 and 2 of 2, 505 Design Colors and Materials Board Sheet, Kimley-Horn Sheet Cl through C5, RHAA Tree Removal and Landscape Plans Sheet L0.0 through L2.5, and the Northgate Site and Lease Plan exhibits. 4. The mall architectural control committee (ARC) shall review and approve new exterior in- line tenant storefront designs and tenant signs for compliance with the Exterior In -Line Tenants Design Criteria — Updated: January 29th 2008. City staff shall review these improvements with building permit plans. Verification of ARC approval of the tenant plans shall be provided at time of building permit application. 5. This design approval shall be applicable to exterior building and site improvements. Interior work shall be under the purview of the Northgate Mall architectural control committee. -15- 6. The design details shall show the finish of the retaining wall at the northeast corner of the site, which shall be faced with stone or similar treatment to match the improvements along the site frontage. 7. A detail showing the treatment for vacant or interim exterior storefronts shall be provided on renovation plans submitted for building permit. This detail shall be used for any initial vacancies following the renovation work, and shall propose a scheme that is in keeping with the main fagade. 8. Future additions, alterations and modifications to the site shall be consistent with the Exterior In -Line Tenants Design Criteria — Updated: January 291h 2008. The Community Development Director may required further design review permit approvals in order to modify the approved design of the Rite Aid or Home Goods pad buildings, or for any future pad buildings not contemplated as part of the original project, or for significant exterior facade changes that may be proposed for in-line or "anchor" tenants. 9. The parking lot, landscaping and related site improvements on the southerly 10.4 acre Sears owned property may be upgraded in a manner to be consistent with the details shown on the plans approved for the remainder of the mall property, through staff review of an administrative environmental and design review. 10. Bicycle parking areas and amounts shall be indicated on plans for building permit, and shall include details that show compliance with the minimum clearance and dimension standards, outside of required walkways, as specified in the Parking Regulations. 11. All site and building improvements shall be maintained in good repair and condition for the duration of the use. 12. The revised parking lot shall include restriping to increase the parking supply as shown on the Kimley Horn Sheet 4 of 5, with the following exceptions: a. The parking spaces adjacent to Pad 30 shall remain as parallel parking spaces, in the existing configuration installed as part of the mall renovation initial phase. b. Revised parking improvements proposed to be completed for the new Home Goods store shall include two 8.5 foot wide finger islands to break up the row of parking along the west side of the building and two typical 7' by 7' rectangular landscape wells in the parking rows north of the building. Revise the proposed parking lot near the proposed Home Goods building as necessary to satisfy recommendations of the Department of Public Works regarding circulation and access (including recommendation that drive -aisles should be upgraded to meet current standards of 20 feet for one-way and 26 -feet for two-way), and requirements of the Fire Prevention Bureau to assure adequate fire lanes and turning radii are provided through the revised parking layout. -16- Sign Program Requirements 13. All new/replacement exterior tenant identification signage shall conform to the criteria as indicated on approved plans and contained in the In -Line Tenants Design Criteria — Updated: January 291h 2008; subject to issuance of a separate sign review permit. 14. The monument entry signs (i.e., boundary, primary and secondary monument signs) and way finding signage shall be approved as indicated on the Site Plan Sheet C.SD.01.03 for the driveway entrances and internal intersections, and designed as indicated on Sheet A.SD.20.13, with low profile stone walls and high quality individual cutout lettering. 15. The mall entry signs identifying "Northgate" shall be approved for installation on the building walls above the three entryways (as indicated on the approved elevations Sheets A.SD.04 through .06); generally consisting of 2' tall painted metal letters pinned off frosted glass background, illuminated with concealed light source; as well as 1' by 12' cut out letters, externally illuminated, located above the mall doorway entries. 16. The anchor department store tenants may replace their existing signage with the new signage of a similar size, scale and design. The anchor tenants are encouraged to upgrade signage to match the criteria set for the center. Landscaping 17. All landscaping shall be maintained in good condition and any dead or dying plants, bushes, or trees shall be replaced with new healthy stock of a size compatible with the remainder of the growth at the time of replacement. 18. Landscaping must meet the Marin municipal water district's (MMWD) water conservation rules and regulations. Prior to the issuance of a building permit or other authorization to proceed, the applicant must provide verification from MMWD stating that the landscape plan has been approved. 19. Tree selections and planting details shall be subject to review and approval by the City, and may require the recommendation and certification of a consulting arborist. 20. Planting details for new tree wells shall be included on construction plans. The detail shall be prepared by a licensed landscape architect based on a soils analysis prepared for the site, to ensure trees will thrive to the maximum extent feasible. Lighting 21. Design of lighting fixtures and levels shall be as indicated on the approved project plans (e.g., Site Plans, Elevations and Photometrics); e.g., with the intent to provide a uniform, low level scheme for parking lots, building entries and pedestrian areas. 22. All new lighting fixtures shall be subject to a 90 day review period following grant of final occupancy to ensure lighting conforms to the approved plans and City standards. -17- Construction Hours 23. All exterior work shall occur within the City of San Rafael's established work hours, with no noise generating activities that would exceed the 90 dBA threshold at the property line. Interior construction and demolition may occur outside of the established work hours, provided that such work shall not be significant noise generating activities and shall comply with the noise thresholds as specified in San Rafael Municipal Code Chapter 8.13 (Noise). 24. To expedite work and minimize impact on mall tenants, some nighttime work may be allowed for such things as minor demolition by hand, electrical wiring, and other similar construction finish work that does not require generators, engines, mechanical equipment or power tools that would generate significant noise perceptible outside of the mall building. No outdoor activities such as materials deliveries or debris hauling, employee gathering, or preparation activities shall occur after daylight hours. Building Permit Requirements 25. The building materials and colors as presented for approval shall be the same as required for the issuance of a building permit. Any future changes in materials or color shall be subject to prior review and approval by the Planning Division to confirm compliance with this approval and city codes. This may include referral to the Design Review Board and administrative, minor or major design review. 26. Minor modifications to the design and sign program approvals may be approved by the Community Development Department, Planning Division. Changes deemed to be major shall be subject to review by the appropriate authority, as determined by the Planning Division. Community Development Department - Building and Fire Prevention Divisions The following conditions shall be satisfied for issuance of building permits, as determined by the Building Division and/or Fire Prevention Bureau, and subject to further review at time of buildingpermit: 27. The design and construction of all site alterations shall comply with all applicable codes and regulations in effect at the time of plan submittal for building permit. . 28. Whenever the distance of travel to the mall from any location within a tenant space used by persons other than employees exceeds 75 feet or the tenant space has an occupant load of 50 or more, not less than 2 means of egress shall be provided CBC 402.4.2. The maximum distance of travel from any point within a tenant space to an exit or entrance to the mall shall not exceed 75 feet. The maximum distance of travel from any point within a mall to an exit shall not exceed 200 feet. Show the means of egress and dimension distances. 29. Dimension the width of all corridors and exit passageways CBC 402.4.5. The minimum width is 66 inches. -18- 30. Dimension plans to show minimum walkway clearances. Minimum width is 20 feet. Minimum width is 10 feet between any projection of tenant space bordering the mall and nearest kiosk, vending machine, bench, display, food court, or other obstruction CBC 402.5.1. 31. Dimension the kiosks and required separations per CBC 402.10. Each kiosk or grouping shall have a maximum area of 300 sq. ft. and a minimum horizontal separation of 20 feet. 32. Assembly occupancies such as the theater, if the occupant load exceeds 500 or more shall be located in the covered mall building that their entrance will be immediately adjacent to a principle entrance to the mall and have not less than one-half of their required means of egress opening directly to the exterior of the covered mall building CBC 402.4.3. 33. Fire sprinklers will be required throughout the mall designed and installed in accordance to NFPA 13 (2002 edition). The system shall provide protection for the mall area independent from the tenant spaces or anchor stores. This will include sprinkler coverage for all Kiosks or similar structures. (see CBC 402.10 for required installation criteria) A Separate application by a C-16 contractor is required. 34. Fire Standpipe System shall be required throughout the Mall, and installed in accordance to NFPA 14 (2002 edition) with a class I hose connections connected to a system sized to deliver 250 gallons per minute at the hydraulically most remote outlet. The location of standpipe outlets shall be installed at the main entrance, within each exit passageway or corridor, at each floor level, at any catwalk accessing service area's, within enclosed stairwells that open onto the mall, and at exterior entrances to the mall. (see CBC Sec 402.8.1 & Sec 905.3.3 for installation criteria) Separate application by a C-16 contractor is required. 35. Manual and automatic Fire detection system will be required throughout the mall and tenant spaces. This will include detection devices installed within all Kiosks or similar structures. (see CBC Sec 402.10 for required installation criteria) A separate application by a C-10 contractor is required. 36. Provide a Smoke Control System within the enclosed mall. The provisions for the smoke control system shall comply with CBC Sec 402.9 & Sec 404. 37. Provide a single fire department control room containing controls for air handling system, smoke control system, fire alarm control panel, relocated from the attic area, and fire suppression system control. 38. Provide an approved vestibule area for attic access areas. These areas shall be designed to maintain a minimum fire resistive construction at two hours. A single Standpipe outlet, the configuration shall be designed to accommodate a single Engine Company crew with fire fighting equipment. The specific dimensions to be determined at building permit review. 39. Rite Aide building shall be protected by an automatic fire sprinkler system as required by the California Building Code, as amended by the Municipal Fire Code, and designed in -19- accordance to NFPA 13 (2002 edition). It shall be provided with central station alarm monitoring, that has an Underwriters Laboratory Serially Numbered Certificate which will notify the fire department in the event of activation of one of the water flow switches. In addition, a local alarm shall be provided on the exterior and at a normally occupied location in the interior of the building. 40. Each building shall have address numbers located in a position that is plainly visible from the street or road fronting the property. Numbers must be Arabic numerals or alphabetical letters, be minimum 4" in height with a minimum stroke width of 0.5 inch, contrasting in color to their background, and either internally or externally illuminated. 41. Knox box keyed entry system is required at designated access doors. 42. Any demolition of existing structures will require a permit. Submittal shall include three (3) copies of the site plan, asbestos certification and PG&E disconnect notices. Also, application must be made to the Bay Area Air Quality Management District prior to obtaining the permit and beginning work. 43. School fees, if required, shall be paid for the project. School fees for commercial space are computed at $0.33 per square foot of new building area. Calculations are done by the San Rafael City Schools, and those fees are paid directly to them prior to issuance of the building permit. 44. With regard to any grading or site remediation, soils export, import and placement; provide a detailed soils report prepared by a qualified engineer to address these procedures. In particular the report should address the import and placement and compaction of soils at future building pad locations and should be based on an assumed foundation design. This information should be provided to Building Division and Department of Public Works for review and comments prior to any such activities taking place. 45. A grading permit may be required for the above-mentioned work. 46. Prior to building permit issuance for the construction of each building, geotechnical and civil pad certifications are to be submitted. 47. Walls separating purposed tenant space from existing neighboring tenant spaces must be a minimum of 1 -hour construction. 48. All site signage as well as wall signs require a separate permit and application (excluding address numbering). 49. Monument sign(s) located at the driveway entrance(s) shall have address numbers posted prominently on the monument sign. 50. Facilities in mercantile and business occupancies, toilet facility requirements for customers and employees shall be permitted to be met with a single set of restrooms accessible to both -20- groups. The required number of fixtures shall be the greater of the required number for employees or the required number for customers. Fixtures for customer use shall be permitted to be met by providing a centrally located toilet facility within a max distance not to exceed 500 feet. In stores with a floor area of 150 square feet or less the requirement to provide facilities for employees shall be permitted to be met by providing a centrally located toilet facility within a max distance not to exceed 300 feet. 51. Food service establishments with an occupant load of 100 or more shall be provided with separate toilet facilities for employees and customers. 52. Minimum elevator car size (interior dimension) is 68" wide and 51" deep, with a clear door width of 36". 53. This site may contain particularly caustic and/or corrosive soils. Mitigating design for any in - ground piping systems or reinforcing elements which may be detrimentally affected will need to be addressed during design. 54. The proposed facility shall be designed to provide access to the physically disabled in accordance with the requirements of Title -24, California Code of Regulations; i.e., accessible parking stalls, path of travel, primary entrance, interior travel path and restrooms. 55. All areas within the site must be accessible for persons with disabilities. All newly constructed buildings on a site shall have, but are not limited to, the following accessible features: a) Path of travel from public transportation point of arrival b) Routes of travel between buildings c) Accessible parking d) Ramps e) Primary entrances f) Sanitary facilities (restrooms) g) Drinking fountains & Public telephones (when provided) h) Accessible features per specific occupancy requirements i) Accessible special features, i.e., ATM's point of sale machines, etc. 56. Pedestrian access provisions should provide a minimum 48" wide unobstructed paved surface to and along all accessible routes. Items such as signs, meter pedestals, light standards, trash receptacles, etc., shall not encroach on this 4' minimum width. Also, note that sidewalk slopes and side slopes shall not exceed published minimums per California Title 24, Part 2. 57. The site development of such items as common sidewalks, parking areas, stairs, ramps, common facilities, etc. are subject to compliance with the accessibility standards contained in Title -24, California Code of Regulations. The civil, grading and landscape plans shall address these requirements to the extent possible. 58. Fire lanes must be designated; painted red with contrasting white lettering stating "No Parking Fire Lane" A sign shall be posted in accordance to City of San Rafael standard #204. -21- 59. If a Dry Cleaning Operation moves in the provisions listed in Chapter 12 of the California Fire Code shall be required. 60. Hazardous Materials Placard shall be installed for those areas of the facility that are storing, using, or handling hazardous materials. This in accordance with NFPA 704. There would additionally be requirement to provide a Hazardous Materials Management Plan submitted to Marin County Department of Public Works, CUPA. 61. Storage height in excess of 12 feet shall require a "High Pile Storage" permit. 62. Provide an approved Fire Department Equipment access through the Mervyns Plaza Plan. There shall be a minimum road design of 20 foot width with 13.5 foot head clearance with a road surface capable of supporting an imposed load of 75,000 lbs. Contact Fire Prevention Bureau for specific details. 63. Fire Department access shall be maintained to all parking areas with the exception of the existing covered parking that is protected with a standpipe and sprinkler systems. If curbs are created that inhibit fire department access it will be the responsibility of the installing contractor that has applied for the permit to maintain the proper dimensions for a fire engine to access any parked vehicle. 64. In -ground grease separator(s) will be required outside the building perimeter to handle waste water from the restaurants and food court area. 65. Review and approval by the Marin County Health Department may be required prior to submittal for building permit plan review. 66. Comply with the additional comments and requirements contained in memorandum from David Heida regarding Planning File ED 13-027 — 5800 Northgate Dr Northgate Mall Renovation Amendment. Public Works Department — Land Development Division The following conditions shall be satisfied for issuance of building permits, as determined by the Public Works Department, and subject to further review at time of building, grading or encroachment permit: 67. In response to the applicant's memo received February 25, 2008, Public Works accepts the "Contech CDS Hydrodynamic Separator" as a means to treat the stormwater runoff from the site; this is based on existing site conditions and constraints where presently no water is being treated at all. The applicant is requested to submit calculations to verify that the proposed structure is adequately designed and to further address the other issues listed below: 68. An engineered plan for the frontage improvements to be reviewed and approved by the Department of Public Works, prior to issuance of the building permit. The plan must show -22- existing and proposed curb and gutter, sidewalk, bike lane, driveway, crosswalk in the public right of way and on the private properly fronting Northgate Drive, Las Gallinas Road and Los Ranchitos Road and the following: a) Show flowline elevations of curb and gutter fronting the said streets. b) Replace damaged curb and gutter caused by settlement, upheaval, crack, displacement, lateral movement, etc. to ensure no "ponding"/"birdbath" in gutter. Suggestion: Flood existing gutter with water to determine which sections of curb and gutter to be replaced. c) Replace damaged sidewalk caused by settlement, upheaval, crack, displacement, lateral movements, incorrect cross slope, etc. All existing sidewalk along the promenade must be replaced. New sidewalk fronting the promenade must be 6' wide. d) Provide a widen 5' x10' sidewalk between every 150'-250' for wheelchair passing area. e) Provide curb and/or railing at back of existing on Northgate Drive near Mervyn's where there is different in grade between the back of sidewalk and the parking lot. f) Modify and/or replace existing curb ramps at crosswalks to comply with ADA requirements. Show details and provide elevations. g) Modify and/or replace existing driveways (12 each) and curb returns to comply with ADA requirements. Show details and provide elevations. h) Repair asphalt pavement failure within 5' from the lip of gutter. i) Replace all existing frontage improvements including curb and gutter within the limits of the promenade. Sidewalk along the new promenade shall be 5' wide except at obstructions such as trees, light pole, above ground traffic control boxes, etc. Grind, reinforced fabric and repave the travel lane closest to the gutter for uniform width and conformance. j) Frontage improvements and new improvements must be in accordance with the City's standard plans and specifications and must also comply with the Americans with Disabilities Act (ADA) requirements. 69. Frontage improvements must be completed, prior to issuance of certificate of occupancy. 70. City will require a license agreement (or equivalent permanent public access right, e.g., easement or grant of right-of-way), where the frontage improvements such as sidewalk, bike lane, access ramp, crosswalks are located on private property. Frontage improvements will be maintained by applicant/property owners, prior to issuance of final building inspection. 71. The applicant shall ensure no permanent structure is placed over any easement. 72. A Storm Water Pollution Prevention Plan (SWPPP) to include erosion controls is required. 73. A Notice of Intent (NOI) from Regional Water Quality Control Board is required. 74. Prevent storm runoff over the sidewalk/driveway apron. 75. Cover and berm refuse area (if any). Plumb to existing nearby sewer, if available. -23- 76. Prior to issuance of building permit, applicant shall enter into a maintenance agreement with City to maintain storm water controls and yearly report. 77. A Best Management Practice plan shall be included in the building plans. 78. The revised project shall address the comments provided by the Department of Public Works, Kevin McGowan, in Memorandum dated October 1, 2013 for the Home Goods Store/Promenade. Public Works Department - Traffic Requirements 79. Final improvement plan details shall be submitted for final review and approval by the City Traffic Engineer for the proposed roadway and traffic related improvements including the pedestrian and driveway crossings, restriping and alignment of the new driveway entry at Del Presidio, proposed bus turnout location, and analysis of vehicle sight distance at driveways, etc. The applicant shall make all the necessary site, frontage and intersection improvements necessary to accommodate the project changes. 80. The applicant shall pay for roadway improvements required for the new entrance at Del Presidio and Las Gallinas. 81. As designed, the new driveway entry at Del Presidio is intended as an entry only for south bound traffic from Del Presidio. Eastbound right -turn and westbound left -turn movement's from Las Gallinas Drive are not allowed. Final details and future modifications shall be subject to review and approval by the City Traffic Engineer. The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the 15th day of October, 2013. Moved by Commissioner AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS and seconded by Commissioner SAN RAFAEL PLANNING COMMISSION ATTEST: BY: Paul A. Jensen, Secretary -24- Larry Paul, Chair