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Home My WebLink AboutPlanning Commission 2013-10-15 #4 CorrespondenceEXHIBIT 3 Mv ACERK-.3-11 PROJECT NARRATIVE The project involves a renovation of the 29,538 square foot existing freestanding vacant Rite Aid store building. Originally, the project approvals contemplated the removal of the old Rite Aid building with a reconstruction of leasable square footage in the center in an amount not to exceed 773,238 square foot. After considering several alternatives to demolishing this vacant building, we have elected to reuse the asset since retaining it still falls under the maximum build out of the center. We propose to keep and upgrade the existing building. Further, bringing a new -to -market retailer will respond to the customer demands of North Marin, capitalize on the underlying value of the underutilized space and compliment the current tenant mix of the center. A renovation of the building fagade, new landscaping and decorative elements surrounding the building, coupled with reconfiguration of the parking layout and pedestrian connectivity will generate new activity and help improve the center's performance. The current design responds to the Tenant Design Criteria and DRB comments on several levels. The colors compliment the existing shopping center, while accommodating the tenant's nationally recognizable look. Enhanced landscaping on all four sides, upgrading the existing lighting with new decorative sconces and pedestrian pathway lighting unifies this area of the parking lot with other pedestrian areas of the center. To balance the existing massing and height of the building, while preserving visibility of the main mall and tenant signage behind it, we have focused changes to the projection over the entry to create an armature for the primary tenant signage. Tying the new building facade to the main mall are accent details featured along the pedestrian path such as trellis elements with suspended planter baskets. These are similar in material, detail, and color to the recently renovated mall perimeter sidewalks. The color palette and materials accent the building architecture and will likewise be complimentary to the existing mall materials. The scale and articulation of the primary entry fagade of the renovated building will amplify the tenant's presence along both the adjacent roadway to the east and the primary vehicular entry to the north. For the building exterior, landscaping has been selected for the perimeter of the building to enhance the architecture and improve the pedestrian experience from what exists today. The promenade was designed by award winning landscape architecture firm RHAA and we have no plans to change the previously approved promenade design, which when complete will improve connectivity to the both surrounding sidewalks and the main mall. In conjunction with the renovation of the building we are proposing changes to the adjacent parking. The proposed parking increases the number of spaces by a more efficient layout that also incorporates more parking lot lighting and landscape to bring the area to the same level as the rest of the center. To ease parking congestion and reserve the best shopping spaces for the customers, there exists today an employee parking program that encourages employees to park on the periphery of the center which 401 Wilshire Blvd., Suite 700 Santa Monica, CA 90401-1452 P: 310.394.6000 1 F: 310.395.2791 www.niacerich.com I NYSE: MAC �� CEH es the prime par ung or customers. Convenient parking supports shopping and enhances the i <e i food of the success of this tenant. Also included in this submittal is a parking analysis prepared by our traffic engineer. The analysis describes a startling reality; on the most heavily trafficked day of the year, the mall by actual count never fills the provided parking. Further, when calculated based on full occupancy and build out, the parking analysis data indicates there would still be ample parking left open (over 400 spaces). This supports the concept of permitting a reduced parking ratio for the mall even though the zoning code demands a higher ratio. We seek your support in retaining this 30 year old vacant building to be revitalized to create a more connected and cohesive shopping environment. Sincerely, 0,- Ashil Ann Development Manager 401 Wilshire nlvd., Suite 700 Santa Monica, CA 90401-1452 P: 310.394.6000 l F: 310.395.2791 www.macerich.com I NYSE: MAC Exhibit 4 ❑ � � Kimley-Horn and Associates, Inc. 31 July 2013 Ashil Ann RV Cf :Blah :b AUG 0 8 2013 P1 /-ll> N I IVC 0 Suite 200 6150 Stoneridge Mall Road Pleasanton, CA 94588.3279 Development Manager office: 925.398.4840 Macerich Fax: 925.398-4849 401 Wilshire Boulevard, Suite 700 Santa Monica, CA 90401 Re; San Rafael Northgate Mall — Updated Parking Demand Survey and Evaluation Dear Ashil: Northgate Mall is permitted under the development agreement with the City of San Rafael to have a maximum Gloss Leasable Area (GLA) of 773,238 square feet. The mall is not developed at its full GLA potential but instead has 768,790 square feet of gross leasable area (GLA) and 2,870 parking stalls surrounding the shopping center.) As part of proposed project for a new Home Goods furniture store (to occupy the former Rite- Aid pharmacy building), the mall is adding 66 spaces to increase the on-site parking to 2,936 stalls. With the six grandfathered spaces and the 2,936 spaces the total is 2,942 spaces for parking of customers and ernployees.2 Under the City's Municipal Code the shopping center is required at the maximum GLA to have four parking spaces per 1,000 square feet which equates to 3,093 spaces.3 Therefore, the mall will still be 150 spaces below what typically is required by Code.4 Based on cursory observations it was believed that although the Mall currently has (and is proposing) less than the Code required spaces, there may be sufficient parking supply available to meet the demands of the shopping center during typical non -peak and peak weekdays, weekends, 1 The shopping center also has 6 graudfathered parking spaces which arc not physically resent but which count towards the number of spaces required in the Municipal Code. 2,942 spaces equates to 3.8 spaces/1,000 s.f. of GLA. 3 773,238 s.£ GLA x 4 spaces/1,000 s.£ = 3,093 spaces. 4 3,093 spaces (Code required) — 2,942 spaces (provided on site and grandfathered in) _ 151 space deficit. KMAY_TPT0W97127003 - Nonhpe 11nrking Swdy -1C• WTGC�UocamrnlsWonhemc\1nIIPa� kingSuulr tMLCpdslcdPnrkingSGudyV2.docc EM"Kii7iley-Dorn IN"__and Associates, Inc. Northgate Mall Parking Demand Study, page 2 and holiday shopping periods. At your request, we have completed a parking demand study at the shopping center. This letter summarizes the evaluation and results of the study. METHODOLOGY Parking spaces surround Northgate Mall on all sides and are naturally divided into discrete areas by buildings and interior roadways. These spaces were inventoried in November 2012 by Kimley-Horn and were identified as shown in Figure 1. Figure 1 — Northgate Parking Areas •�+Too �.- •''i---r q�.� • js.1:\� — � �'t;,.� .:n: qt .�I �. m t mY.Co . .... (. >• ;; f A. • P1' .......... ........... .. 31. .. '. V • 1 1 f; ,t1, -- {;216ay_tpto11N171270113 - nonhgte Parking study -Jere-tgctJocnnn nts\nonhgatcmallparkingsmdy09.updelcdp,rkingsnulye2.Jocs OWu*tlbn Yrd I+Ydd 1 h: -1 101.11 Nortligate Mall Parking Demand Study, page 3 {�1111I0y and ASS001af0s, Inn, For purposes of this study, parking was divided into sub -areas for convenience in counting and to identify locations around the mall where parking demand may vary. Existing sub -areas were assigned letters fi•om A through L and range in size from 45 spaces to 480 spaces as noted in Table 1. The proposed modification to the parking layout will increase the number of spaces by 66 stalls to be distributed to several sub -areas as also shown in Table 1. (Table 1 does not include the 6 grandfathered spaces that are not physically present for parking use.) Table 1— Existing and Proposed Parkin ' Upper level of parking garage Lower le%el of parking garage It is noted that the former Rite-Aid pharmacy building (29,538 square feet), located in Sub -Area J, is currently vacant but is proposed to be occupied by Home Goods which sells home furnishings and some furniture. This evaluation considers the effect on parking demand without and with the Horne Goods store. Parking demand surveys were conducted on the following days to determine the number of spaces that were occupied during the peak of the day: Saturday, November 10, 2012 (typical peak weekend) — November was selected because the month is considered by the Institute of Transportation Engineers (ITE) to represent slightly greater than an average month of the year at shopping centers. Saturday was selected because the day typically generates greater trips (and parking) than Sunday (or even Friday).5 • Tuesday November 14, 2012 (typical peak weekday) — November was selected because the month is considered by the Institute of Transportation Engineers to represent slightly greater than an average month of year at shopping centers. Tuesday was 5 Institute of Transpoilation Engineers, Trip Gener•ntion Alnnued 9"Edition, 2012 k:lbny_tiuo\(197127003 - northgntepntkiug study-.jex+tgcWocunxm .nonhgatanollparAink tttdYlMl.updakdparF:ingctud�l2ducs Kimley-Horn and Associates, Inc, Northgate Mall Parking Demand Study, page 4 selected because the day typically generates greater trips (and parking) than Monday, Wednesday, or Thursday,6 • Friday November 23, 2012 (typical peak day of the year) — The Friday after Thanksgiving was selected because this day historically has been retail's busiest shopping day of the year since 2005.7 During the three days, the numbers of occupied parking spaces were surveyed every 60 minutes between the hours of noon and 6:00 PM. The survey times were selected based on ITE data which shows that parking demand at shopping centers typically peaks between 1:00 and 2:00 PM.A Results were summarized to determine the percent of occupied spaces by time of day for a typical weekend Saturday, weekday, and peak holiday shopping day. Results of the parking surveys on the three days are summarized in Table 2, Table 3, and Table 4. Table 2 — Saturday. November 10, 2012 (Without Home Goods ss% 5:00 c Ibid. 7 International Council of Shopping Centers. "Holiday Watch: Media Guide 2006 Holiday Facts and Figure"; ShopperTrak, Press Release, ShopperTrak Reports Positive Response to Early Holiday Promotions Boosts Projections for 2010 Holiday Season (November 16, 2010). 8 Institute of Transportation Engineer, Pen -king Genernlion 4'h Edition, 2012. U- bny_IpW0)712711413 - nonhgnto parking sindy kingannlyv2.dncs Northgate Mall Parking Demand Study, page 5 1 ` and Associates, Inc. Table 3 — Tuesdav, November 13, 2012 (Without Home Goods Store 37% 905 Table 4 — Friday November 23, 2012 (Without Home Goods Store) As seen in each of the three tables, peak parking occurred as follows: Saturday November 10, 2012 — 71% occupied (844 spaces available) Tuesday November 13, 2012 — 37% occupied (1820 spaces available) Friday, November 23, 2012 — 81% occupied (541 spaces available) November 23 was the peak day at 81% occupancy but Northgate Mall still had 541 spaces available. Parking consistently peaked between 1:00 to 2:00 PM on all days surveyed. At the time the surveys were collected, 50,330 square feet of GLA was vacant and unoccupied which represents a 7% vacancy rate. Shopping centers regularly have vacancies but a rate of 7% was considered to be slightly higher than what might commonly occur during strong market conditions. Figure 2 shows that the national average regional mall k4bay_tpt°\09712700} - nnrthgmc parking study - jcrr-tgc�dacantcntslnnnhgatcmallparkinc�tudylM).updatnlparkingaudyel.Aocx :1 :0 61 188 280 X 287* Occupied Stalls per Sub-Afea Total r 12:00 PM 7 100 200 33 310 158 480 52 188 278 285 211 2302 80% 1:00 PM 11 111 206 33 310 159 472 43 185 278 288 233 2329 81% 2:00 PM 9 92 197 463 37 188 278 285 277 2289 80% 3:00 PM 13 75 197 MO5 451 25 183 274 267 260 2182 76% 4:00 PM 9 81 186 408 20 174 272 285 232 2095 73% 5:00 PM 5 53 159 375 16 158 261 264 232 1938 68% As seen in each of the three tables, peak parking occurred as follows: Saturday November 10, 2012 — 71% occupied (844 spaces available) Tuesday November 13, 2012 — 37% occupied (1820 spaces available) Friday, November 23, 2012 — 81% occupied (541 spaces available) November 23 was the peak day at 81% occupancy but Northgate Mall still had 541 spaces available. Parking consistently peaked between 1:00 to 2:00 PM on all days surveyed. At the time the surveys were collected, 50,330 square feet of GLA was vacant and unoccupied which represents a 7% vacancy rate. Shopping centers regularly have vacancies but a rate of 7% was considered to be slightly higher than what might commonly occur during strong market conditions. Figure 2 shows that the national average regional mall k4bay_tpt°\09712700} - nnrthgmc parking study - jcrr-tgc�dacantcntslnnnhgatcmallparkinc�tudylM).updatnlparkingaudyel.Aocx MIT leyd torn Northgate Mall Parking Demand Study, page 6 ❑ and Associafos, Inc. vacancy rate was just above 5% during the strong market of 2003 through 2008 but increased to about 9% hi 2012.9 Figure 2 — Mall Vacancy Rate 2000 Through 2012 Mall vacancy Rate (Source: Reis, quarterly) Recession —StripMalls —Regional Malls 1pep 10�� 1pp1 ypOg 1�rjq ,`ppS ,lppb 10p1 ,�ap9 ,�ap9 ,`�ti0 ,`0�1 1��1 1��' hnpa/r'�'�'�c ale u I atedAs�biag.com/ Assuming Northgate Mall tracks with national trends and will fall back to a 5% vacancy rate, the November 2012 parking data was adjusted to represent improved market conditions at the mall and higher typical parking demand. 10 Results of the adjusted parking surveys to represent 95% leased occupancy (Le. 5% vacancy rate) are summarized in Table 5, Table 6, and Table 7.11 9 Source: Reis.com which provides commercial real estate performance information and analysis data. 10 100% leased occupancy was considered to be unrealistic given that shopping centers typically have some vacancies, i i Leased occupancy represents the percent of GLA that is leased and occupied. This should not be confused with parking occupancy which is the percent of occupied parking stalls at a given time of day. kdbay_ipto1097i 27003 - northgate parking suuiy - iete-tgctdocunn nts�irorthgatcm;0lparkingsntdy(r).updatedparkingsaulys^_.dory Kimley-Horn Northgate Mall Parking Dcmand Study, page 7 ❑ �� and Associates, Inc. Table 5 — Saturday, November 10, 2012 Adjusted to 95% Mall Occunancv (Without Home Goods Store) 2:00 PM 1 91 551 2051 331 3121 741 4581 261 1881 280 2741 1581 2074 1 72% 3:00 PM 8 53 180 21 297 57 454 25 186 276 274 140 1973 69% A -nn onn F zQ 1dQ 11 '06 44 420 201 1781 2741 2921 1331 1871 165% Table 6 — Tuesday, November 13, 2012 Adjusted to 95% Mall neeunanev (Without Home Goods Store) 38% 36% 3:00 PM 1 01 5 84 13 23u 1b 160 o0 ou 4:00 PM 2 23 79 12 216 14 174 23 98 171 78 55 945 33% �v v� a1 -M 1'7 1t;z 9z I RRI 17R 771 621 931 132% Table 7 — Friday November 23, 2012 Adjusted to 95% Mall Occupancy 12:UU PM I 21 1U3 2UZ) I 39 1 31z 1101 90V I — 1:00 PM 12 114 211 34 312 171 480 45 188 280 299 239 2385 83% 2:00 PM 202 31 312 131 473 43 188 280 296 283 2343 82% 3:00 PM 202 29 312 107 461 26 187 280 273 266 2234 78%4:00 PM �47 190 21 312 106 417 21 178 278 292 237 2145 75%5:00 PM 163 18 312 75 384 17 162 267 291 237 1987 69% As seen in each of the three tables, peals parking at 95% leased occupancy would occur as follows: A:Nbny_lpto`0971?71M3 - nollbeate pukine mJy - icss'-1cc`Jncumcnts�nonhgatcntallpalF:ingsmJy09.updatatpatkingswdyv2.docs ❑ �, Kimley-Horn Northgate Mall Parking Dcmand Study, page 8 and Associates, Inc. Saturday November 10, 2012 — 72% occupied (795 spaces available) Tuesday November 13, 2012 — 38% occupied (1790 spaces available) Friday, November 23, 2012 — 83% occupied (485 spaces available) The Home Goods is most closely described as a Furniture Store per the Institute of Transportation Engineers (ITE). However, Home Goods may not always occupy the building and a higher intensity use could be present in the future. To be conservative, parking demand calculations for Home Goods were based on Shopping Center (ITE Land Use Code 820) which has an average demand rate more than twice that of a furniture store. 12 Furthermore, parking demand for the day after Thanksgiving was based on a typical Saturday in December (because `Black Friday" data was not available). Black Friday for Home Goods was conservatively assumed to exhibit parking demand more similar to ITE December data than an average month. Parking demand for the Home Goods store was estimated as shown in Table 8." Table 8 — Parldna Demand for Home Goods Because the surveys did not include the planned Home Goods store, parking generation for the new store was estimated by time of day and then added to the parking surveys (which were previously adjusted to 95% lease occupancy) to determine the total parking demand estimate as shown in Table 9, Table 10 and Table 11. The tables respectively represent a typical weekend peak (i.e. on Saturday which is higher than Friday or Sunday), a typical weekday peak (i.e. Monday through Thursday), and the peak day of the year at Northgate Mall. The tables also assume 66 additional parking spaces will be created at the mall. 12 histitute of Transportation Engineer, Parking Generation 4"' Edition, 2012. 13 histitute of Transportation Engineer, Parking Generation 4"' Eclition, 2012. k?bsy_ip10\D97127003 - nonhgate pitking study -lett'-tgc`donuucros�nonhgatcmallpatkingstndy09.upJatcdparl:inutudyr2.Jarx Kimley-Horn Nortlipte Mull Parking Demand Study, page 9 and Associates, Inc. Table 9 — Typical Weekend Peak (With Home Goods Store) Based on 1:00 PM 3 57 1731 26 312 1321 4801 271 189 305 318 138 2160 74% 2:00 PM 9 55 205 33 312 74 458 27 189 305 318 173 2158 74% 3:00 PM 8 53 180 211 2971 57 454 251 189 305 318 144 2051 1 70% 4:00 PM 5 39 149 Ill 30BI 44 4201_20t 61 189 3051 3151 133 1936 1 66% 5:00 PM 2 36 144 4 312 44 --3-66-F-17 61 158 3051 2911 107 1786 61% Table 10 — Typical Weekday Peak (With Home Goods Store) Based on November 13, 2012 Survey at 95% Lease Occupancy 1:00 PM 1 01 291 1011 181 2491 241 1941 201 1021 2511 1031 651 1156 1 39% 1 4:00 PM 1 21 231 791 121 2161 141 1741 231 981 2291 78 55 1003 34 o 5:00 PM 1 21 261 811 111 2221 121 1531 231 861 22711 77 621 982 1 33% Table 11 — Typical Peak Day of Year (With Home Goods Store) Based on November 23, 2012 Survev at 95% Lease Occupancy 12:00 PM :0 8 248 103 -- 228 205 62 34d3l 09,- 312 - as 191 Stalls 178 Per S 480 per Sub 480 61 -Area 61 189 189 - 305 305 318 318 Spaces 462 304 Total 2936 TotalOccupied .. 2497 85% 1:00 PM 12 114 211 34 171 480 61 189 305 318 308 2515 86% 2:00 PM 10 94 202 31 131 473 61 189 305 318 351 2477 84% 3:00 PM 14 77 202 29 107 461 61 189 305 318 292 2367 81% 4:00 PM 10 83 190 21 106 417 61 189 305 318 256 2268 77% 5:00 PM 6 55 163 18 75 384 401 1891 305 318 237 2102 72% As seen in the three tables, the Home Goods store increases the overall parking demand by only 2%-3% (when respectively compared to Table 5, Table 6, and Table 7. A:Way_Iptn\MI7127003 - nonhgmc parking study-jc+c•IgcWocunxnts�tonhgatcmallpat kingxmJy09.updat.dpa+kiugauJyr2.dncs ❑� Kimley-Horn Northgate Mall Parking Demand Study, page 10 and Associates, Inc. Peak parking for Northgate with the Home Goods store is calculated as follows: Typical Peak Weekend — 74% occupied (776 spaces available) Typical Peak Weekday — 39% occupied (1780 spaces available) Typical Peak Day of Year — 86% occupied (421 spaces available) Even on the peak day of the year (i.e. the day after Thanksgiving), there will be 421 spaces available. All demand is well below the Code required spaces of 3,093 spaces. The data shows that shoppers tend to favor the northern half of the ma I1 for parking. The greatest parking demand occurs in the following areas: • Area E • Area G • Area H • Area I • Area J • Area K Other sub -Areas have lower percentages of occupied parking spaces. The imbalance is partially affected by the popularity, clustering of individual stores, and walking distance to building entrances but much of the unevenness is a result of the shopping center's orientation and connection to the adjacent street network. The popular areas of the mall have more convenient connections to Las Galinas Avenue, Manuel Freitas Parkway, Merrydale Road, and US -101 whereas other areas of the mall typically have less convenient street connections with lower bordering traffic volumes. Although some areas during Saturday and other peak shopping days are at or approaching full occupancy, there are still several hundred parking spaces available in other areas surrounding Northgate Mall. Shoppers expect that on Saturday and pre -holiday shopping periods they may need to park farther from their intended store destinations. Ubny_tp1o1077127003 - northgoic parking study - je%v-tgcrdocuincnlsCtorthganomallpuWgstudy07.updmcdparkingstudgc2.docx Kimley-Horn Nortligate Mall Parking Demand Study, page I 1 and Associates, Inc, Home Goods will be located in Sub -Area J which is one of the more - favored areas to park. During weekdays and most weekends, there are still spaces available in the sub -area for customers. In some cases, shoppers may need to park a little farther away; however, Home Goods mostly sells small to medium-sized home furnishings that can be easily carried or transported in a shopping cart. Therefore, like other stores in the mall, customers should have little difficulty getting their purchases from the store to their vehicle. CONCLUSIONS Northgate Mall currently has 2,870 parking stalls (plus 6 grandfathered stalls). As part of a proposed project for a new Home Goods furniture store, the mall will add 66 spaces to increase the on-site parking to 2,936 stalls. With the six grandfathered spaces and the 2,936 spaces the total is 2,942 spaces for parking of customers and employees. Under the City's Municipal Code the shopping center is required to have 4 parking spaces per 1,000 square feet of GLA which equates to 3,093 spaces. Therefore, the mall will be 151 spaces below what typically is required by Code. Parking demand was calculated at Northgate Mall for a typical peals Saturday, typical peak weekday, and the peak shopping day of the year. On the busiest day of the year, only 86% of the parking spaces at the shopping center will be occupied which leaves 421 spaces available for additional parking demand. 14 On other days, peak occupancies are lower. Because some areas tend to have higher demand than others, the mall may wish to consider encouraging employees to park in low demand areas to make popular areas more available for customers. 14 Calculation conservatively assumed Northgate Mall is 95% leased, the Home Good Store is occupied and has parking demand similar to a shopping center, and 66 spaces are added to the existing parking supply. k:rbny_Ipto\097127003 - nunhwlc parking study - jew-tgc documents\nouhgatemallparkingstudyV).updatcdparkuig:mdyv2.docs Kimley-Horn ❑� and Associates, Inc, Northgate Mall Parking Demand Study, page 12 Based on the parking surveys and calculations, Northgate Mall can provide parking spaces less than required by the Municipal Code and still have ample spaces available for customers and employees. Furthermore, our evaluations confirmed that the Code -required spaces could be reduced to 3.8 spaces per 1,000 square feet of GLA and still provide excess parking for the shopping center users. It is our professional opinion that all parking can be accommodated on site (as currently proposed) without the risk of spillover into the nearby neighborhoods or businesses. Please contact Tom Coppin or me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC., Jim West, P.E. #C65854 k:Vrny_rpt&W7127003 - nonhgale parking study -Jnr-IgdJnnuncnls�,whhgarcmallpnrking,hrdy09.updakdparkingsurdyr2.Jncs Exhibit 5 Sari ra ael I I _ I �111�C�111 . City of San Rafael rl��li� also c, . c�J��yc rn�y Cor,^lr��u�ll;�� Northgate Mall Renovation - Home Goods (4500 Northgate Mall Drive) Application Name/Address: Application Nos.: ED13-027 / UP13-001 - - - tcgulafion i�rojecf ©iscussiuyr Coinpliancc� Green r3milding ❑ Project Ordinance Complies (SRMC Chapter 12.44) W Not Applicable ❑ Project Does Not Comply Water Efficient Ixxl Project Landscape Ordinance Complies (SRMC Section 14.16.370) ❑ Not Applicable ❑ Project Does Not Comply Wood -Burning Appliance ❑ Project Ordinance . Cornplies Not (SRMC Chapter 12.45) Applicable ❑ Project Does Not Comply Construction and M Project Demolition Debris Complies Recyclirld OrdinanGO ❑ Not (SRMC Cha-pter '12.46) Applicable F Project Does Not Comply ❑ Project �:otnmercialllllltAli:i�t a�r�ily tc�cyclinci l2ec�ulafiian Complies (SRMC Chapter XXXXX) ❑ Not Applicable IA1 Project Does Not Comply This project involves an existing structure not new construction. According to the City's Green Building fact sheet this program applies to only to new construction. All landscaping at the mall has been designed and constructed to comply with the State's water efficient landscape ordinance. The project will comply with the City's ordinances at the time of construction of the Home Goods store. While there is no formal recycling program at Northgate Mall, all tenants are encouraged to recycle. Central facilities are provided for trash collection as well as card board waste. Single -Use Carryout flag ❑ Project Ordinance Complies [Retail projects only] ❑ Not (SRMC Chapter XXXXX) Applicable ❑ Project Does Not Comply Talce-Out Food Container ❑ Project Ordinance Complies [Restaurant and retail food [A Not purveyors only] Applicable (SRMC Chapter XXXXX) ❑ Project Does Not Comply Bicycle Parldng 0 Project Regulations, Complies (SRMC Section 14.18.090) ❑ Not Applicable ❑ Project Does Not Comply ❑ Project Clean -Air Vehicle barking Regulations Complies (SRMC Section 14.18.040) ❑ Not Affordable Housing Ordinance [Residential and Non - Residential Projects] (SRMC Chapter 12.44) Subscribe to Marin Energy Authority "Dark Green" power Wind or solar power generation Applicable ® Project Does Not Comply CI Project Complies © Not Applicable ❑ Project Does Not Comply ❑ Project Complies ❑ Not Applicable RI Project Does Not Comply ❑ Project Complies ❑ Not Applicable ® Project Does Not Comply The mall in generals complies with the bicycle parking regulations as described in its development agreement. This effort is in progress. Macerich has contracted with eVgo, a private vendor, to plan and located electric vehicle parking stations throughout the mall. These facilities will be planned an permitted as part of a separate application for the entire mall. Installation or wiring for ❑ Project See discussion to Clean -Air Vehicle Parking electric vehicle charging Complies Regulations above. stations ❑ Not Applicable 0 Project Does Not Comply --- ----- Rainwater storage and ❑ Project reuse Complies ❑ Not Applicable ® Project Does Not Comply Use of recycled water for ® Project landscape or toilets/urinals Complies ❑ Not Applicable ❑ Project Does Not Comply Natural filtration of parking ❑ Project Runoff from the entire mall is treated through lot runoff Complies proprietary storm water treatment devices located CI Not throughout the parking field prior to discharging Applicable to the City's adjacent storm drain system. , [@ Project Does Not Comply Green roof ❑ Project Complies ❑ Not Applicable ® Project Does Not Comply High albedo (reflective) ❑ Project roofing or paving . Complies ❑ Not Applicable ® Project Does Not Comply Preserve significant trees ❑ Project Complies W Not Applicable ❑ Project Does Not Comply Sidewalk upgrade IM Project Sidewalks adjacent to the Home Goods building Complies as well as the adjacent promenade will be ❑ Not reconstructed as part of this project. Applicable ❑ Project Does Not Comply Bicycle lane upgrade I] Project Promenade improvements adjacent to the Home Complies Goods building will upgrade the city's bike trail ❑ Not system to provide easy access to the site. Applicable ❑ Project Does Not Comply Macerich has previously constructed a new bus Installation/upgrade of bus Q Project shelter Complies enclosure north of the Home Goods store as part ❑ Not of the overall mall renovation work. Applicable ❑ Project Does Not Comply Participation in car share ❑ Project program Complies 10 Not Applicable ❑ Project Does Not Comply Participation in bike share ❑ Project program Complies ® Not Applicable ❑ Project Does Not Comply Rideshare/TDM coordinator ❑ Project for employees Complies Not Applicable ❑ Project Does Not Comply Transit or carpool subsidies ❑ Project for employees Complies ❑ Not Applicable ❑ Project Does Not Comply Provision of ❑ Project employee/resident shuttle Complies nx Not Applicable ❑ Project Does Not Comply New environmentally ❑ Project preferable ("green") Complies business © Not Applicable ❑ Project Does Not Complv Exhibit 6 RESOLUTION NO. 12479 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MASTER USE PERMIT (UP07-056), ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED07-090) AND SIGN PROGRAM (SR07-91) FOR RENOVATION TO Tl IE MALL AT NORTIIGATE PROPERTY LOCATED AT 5800 NORTIIGATE DRIVE (APN: 175-060-12, 40, 59, 60 & 6 l ) WHEREAS, on November 13, 2007, on behalf of Mall at Northgate Associates, owner of 5800 Northgate Drive, and Macerich Property Management Co. representing Mall at Northgate, Assessor's Parcel Numbers 175-060-12, 40, 59, 60 & 61, Chuck Davis submitted zoning entitlements to the Community Development Department, along with a Development Agreement DA07-01, to renovate the Mall at Northgate 44.75 acre site, excluding the southerly 10.4 acre Sears owned property and structures, and the Mervyns and Macy's department store buildings; and WHEREAS, upon review of the applications, the project has been determined to be exempt from the requirements of the California Environmental Quality Act (CEQA) as it qualifies for the Class 1 Existing Facilities (Section 15301) exemption that allows interior and exterior alterations of existing structures, which covers the exterior and interior renovation work; Class 2 Replacement or Reconstruction (Section 15302) exemption that allows replacement or reconstruction of a commercial structure on the same site and of substantially the same size, purpose and capacity, which applies to the re -construction of the commercial Rite Aid and Restaurant buildings; and Class 3 (Section 15303) exemption that allows construction of new small facilities, which applies to the proposed promenade improvement (e.g., frontage enhancements) through the site; and the exemptions are not subject to any of the "Exceptions" qualifications in Section 15300.2 of the Guidelines given that the project is not located in a particularly sensitive environment; and WHEREAS, on December 18, 2007, January 8, 2008 and February 20, 2008, the San Rafael Design Review Board held a duly -noticed public hearing on the project, accepting all oral and written public testimony and the written report of the Community Development Department staff, evaluated the project and unanimously provided a favorable recommendation for approval of the project; and WHEREAS, on March 25, 2008, the San Rafael Planning Commission held a duly -noticed public hearing on the project, accepting all oral and written public testimony and the written report of the Community Development Department staff; and WHEREAS, at its March 25, 2008 meeting the Planning Commission recommended that staff review the resolution and conditions for the purpose of correcting any inconsistencies or errors as well as to include revisions discussed at the hearing; and WHEREAS, at its March 25,2008 meeting the Planning Commission voted unanimously on a 7-0 vote, all members present, to recommend that the City Council adopt findings as required pursuant to San Rafael Zoning Code Section 14.22.060 and approve the requested Zoning Entitlements, subject to conditions; and WHEREAS, the City Council, by separate action, has passed an Ordinance approving Development Agreement No. DA 07-01 allowing the developer to maintain a 0.40 FAR and "build back" commercial space removed as part of the renovation project, to return to the 773,238 square feet maximum leasable floor area over a 10 year period, and providing public benefits consisting of a promenade, design fees, bicycle and pedestrian access and police substation; and WHEREAS, the City Council makes the following Use Permit findings for UP07-56, as required pursuant to San Rafael Zoning Code Section 14.22.060: A. The proposed redevelopment of the retail shopping center use, with no intensification of use proposed, is in accord with the General Plan 2020, the objectives of the zoning ordinance, and the purposes of the GC district in which the site is located, based on the analysis in the March 25, 2008 Staff Report to the Planning Commission and April 21, 2008 Staff Report to the City Council, the attachments and discussion at the public hearings held on this project in that; a. The shopping center redevelopment, and the existing and proposed mix of uses are consistent with the General Plan 2020 General Commercial Land Use Designation which designates the site for commercial use, the project has been evaluated for consistency with all General Plan policies and based on the analysis of the City contained in staffs 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), NII -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), NI -1 141 (Mall Entrance), NH 141a (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; 9pa V. Traffic Element Goal 13 (Mobility far All Users), and Policies C-5 (Traffic Level of ,Service), C-24 (Connections behveen Neighborhoods and Activity Centers), C -24a (North San Rafael Promenade), C -26a (Bicycle Plan Implementation), C-27 (Pedestrian Plan Implementation), which further support the proposed promenade improvement, and enhanced pedestrian connections, walkways, and convenient bicycle parking areas that would be provided near the new entryways at the mall; vi. Infrastructure, Conservation and Air & Water Quality Elements Policies I-8 (Street Tree), CON -18 (Resource -Efficient Building Design) and AW -8 (Reduce Pollution from Urban Runofj9, 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 -3- parking areas, and will include way -finding signage in appropriate locations at main driveway intersections, and additional loading areas will be provided with new buildings, such as the proposed relocated Rite Aid drug store building at the northeast corner of the site; viii. The project will promote a safe, effective traffic circulation system, and maintain acceptable local circulation system operating conditions in that it does not intensify the existing use, and will provide alternative bicycle and walkway paths to encourage walking, and will improve driveway crossings to reduce potential vehicle and pedestrian conflicts; ix. The project will promote design quality in the development in that it includes renovation of building facades to create more inviting, welt 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 theca resources; xi. The project will protect and conserve the city's existing housing stock in that the commercial shopping center renovation does not affect housing stock; xii. The project will promote housing development to meet housing needs, including affordable housing and special housing needs in that the commercial renovation project does not trigger the need for additional housing, but will maintain the ability to provide housing on the site if future development occurs on the property; xiii. The project coordinates the service demands of new development with the capacities of existing streets, utilities and public services in that the renovation involves no intensification of use, but will upgrade its street frontage, storm drainage treatment facilities and driveway entries into the site to improve circulation; xiv. The project has provided for effective citizen participation in decision-making in that the applicant has held 10 community meetings, has been reviewed by the Design Review Board at three noticed public meetings to receive additional input on the concept, and noticing has been conducted as required by Chapter 14.29 for all public hearings, including extending noticing to residents and owners within 1,000 feet of the site, neighborhood groups in North San Rafael, as well as bicycle and other community interest groups. c. The project is consistent with the purposes of the GC district in which the site is located given that it satisfies Section 14.05.010.I, which states the general commercial district promotes a full range of retail and service uses in major shopping centers and certain areas of the city which have freeway and major street access and visibility, and the subject site is an existing regional shopping mall located on major streets in the North San Rafael Commercial Center neighborhood. B. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the city in that: -4- a. The renovation to the existing Mall at Northgate involves no intensification of use therefore is exempt from the California Environmental Quality Act (CEQA) guidelines pursuant to the CEQA Guidelines, as follows: i. Class 1 Existing Facilities (Section 15301) exemption allows interior and exterior alterations of existing structures, which covers the exterior and interior renovation work; ii. Class 2 Replacement or Reconstruction (Section 15302) exempts replacement or reconstruction of a commercial structure on the same site and of substantially the same size, purpose and capacity, which applies to the Rite Aid and Restaurant Pad buildings; and iii. Class 3 (Section 15303) exempts construction of new small facilities, which applies to the proposed promenade improvement (e.g., frontage enhancements) through the site as well as minor utilities and infrastructure upgrades that are required to serve the building and meet current standards. iv. Furthermore, the exemptions are not subject to any of the "Exceptions" qualifications in Section 15300.2 of the guidelines, which would preclude use of the above exemptions, given that the project is not located in a particularly sensitive environment; and �. 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 oft -site. Lastly, the project applicant has stated they are proposing to incorporate Green Building construction techniques, and has informed staff and the Commission that they have registered with Leadership in Energy and Environmental Design (LEED) to get a LEED green building certification for the project, which is supported by City regulations. Staff notes that this is not required since no new development is proposed, but that the steps taken herein further support the conclusion that the project does not trigger any exceptions to the categorical exemptions that apply to this development. C. The proposed use complies with each of the applicable provisions of the zoning ordinance, as detailed in the March 25, 2008 staff report to the Planning Commission and April 21, 2008 staff report to the City Council in that: a. The shopping center use is wholly consistent with the GC zoning district and satisfies all of the applicable development standards in table 14.05.020 in that it will achieve greater conformance with the minimum 15% landscaping requirements by increasing landscaping areas from 5.3% (2.35 ac.) to 7% (3.11 ac.) and increasing the frontage landscape setback I&'M 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.E and 14.16.270.C.6 where the discrepancy between existing conditions and the development standards would not increase. The renovation would not increase the existing FAR nor intensify use of the site, nor increase an existing non -conforming parking or landscaping standard. in fact, the proposal achieves greater conformance with landscape and parking standards, and would maintain the same nonconforming layout and design for the majority of the reconfigured parking lot with 65 degree angled spaces and 8.5 -foot wide standard spaces where the current code establishes 60 degree and 9 -foot dimensions, which is permissible under Section 14.18.240 (Grandfathered Parking) if approved by the review authority upon consideration of relevant constraints and limitations. The applicant has presented information which shows they have modified compact parking are to 30% to comply with the code allowance, and that maintaining an 8.5 foot standard space dimension and 65 degree angle would enable them to preserve the historic parking ratio for the center while accommodating widening the frontage setback by up to 12 -feet in depth to provide for the Promenade improvement, as well as allow an increase in the size and number of parking lot landscape planters to conform more closely with the Zoning Code. c. The concept presented for the proposed drive-through use will satisfy the requirements of Section 14.16.110 by providing adequate separation of vehicle aisles, adequate room for vehicle stacking out of drive aisles, and avoiding conflicts with pedestrians; and will be subject to further review by the City under a separate design review permit which will ensure compliance is achieved. d. Parking requirements of Chapter 14.18 are met in that the 4 space per 1000 gross building area parking ratio that applies to shopping centers will be maintained, number of compact parking spaces will be reduced to comply with the 30% maximum allowance, ADA parking has been provided in compliance with requirements (e.g., roughly equivalent to 2% of total parking provided), loading areas will be accommodated with the relocated Rite Aid building at the northeast corner, and for the new restaurant buildings in the oak plaza driveway, 3% bicycle parking can be accommodated and has been planned for in walkways which are designed to accommodate spaces near the entries on the east, north and west sides of the building, and while it is preferable to meet the current City standard 9 -foot parking space dimension and 60 degree angled space configuration, the applicant's request to continue using the nonconforming 8.5 foot wide standard space dimension and 65 degree angled parking stalls for renovation in the majority of the existing parking areas can be supported for a renovation project under Section 14.18.240.E given that it does not M involve an intensification of use, the new parking layout and drive aisles should improve on-site circulation, and the design will enable desired Promenade frontage improvements and increased parking lot landscaping to be provided which more closely conforms to the code. e. The project will provide more trees to satisfy the 1 tree per 4 parking space ratio and wider 7' by 7' dimension landscape planters in the parking lot to meet the minimum 6 -foot interior dimension and 36 square feet of planter area standards. f. A new well designed sign program is proposed in compliance with Chapter 14.19, which substantially complies with the sign regulations, but allows some flexibility to increase the number of monument entry signs, building identification signs at building entryways, and establishment of sign design criteria that ensures uniform, high quality, individual lettered signage will be installed. g. The use permit, as conditioned, adequately regulates the proposed mix of commercial uses for the shopping center as required pursuant to Chapter 14.22. h. A Development Agreement has been reviewed and approved by separate resolution, in compliance with Chapter 14.16, to preserve the ability to build back the approximately 50,000 square feet of commercial space to be removed as part of the renovation project, over a ten year period, and sufficient public benefits to the City will be realized including that that the developer will construct approximately 2,300 feet of the North San Rafael promenade along the north and cast property frontages. i. Findings for Environmental and Design Review Permit approval have been made as required pursuant to Chapter 14.25, as discussed in detail below. WHEREAS, the City Council makes the following Environmental and Design Review Permit findings for ED07-090, as required pursuant to San Rafael Zoning Code Section 14.25.090: A. The project design is in accord with the General Plan 2020, as discussed in Use Permit UP07- 56 Findings A.a above. B. The project design, as conditioned, is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the GC district in that, as described in staff's March 25, 2008 report to the Planning Commission and April 21, 2008 report to the City Council, the criteria in Section 14.25.050 are satisfied, in particular: a. Criteria E, Site Design, is satisfied in that the modified drive aisles, new entry at Del Presidio, relocated entry on Las Gallinas Drive, and. reconfigured entry at Merrydale will improve site circulation and access, and the new design of the building will result in a harmonious relationship between structures with more articulated, varied and interesting buildings, creation of public gathering spaces on walkways with differentiated paving materials, and creation of more well-defined pedestrian walkways, plazas and paths through the center and along the frontage. -7- b. Criteria F, Architecture, in that the new building design and Tenant Design Criteria, and architectural building projections and elements proposed will create more interest, will result in a pedestrian scale for storefronts with at least 80% covered awnings and similar features provided over the walkways and entry's for visitor comfort and convenience, high quality materials and a variety of styles is required for the building and individual shops, service areas will be screened within the building features, new decorative and textured hardscape treatments are proposed as well as enhanced landscaping throughout the parking lot with landscaped planters and seating areas near the building on the walkway and plaza areas, new high quality signage and improved lighting is proposed to clearly direct visitors, enhance the ambience and provide better security and sense of well being. C. The project design minimizes adverse environmental impacts in that the renovation involves no intensification of use and will upgrade the existing site conditions as follows: a. it improves existing circulation with the reconfigured drive aisles and parking layout, including the revised orientation and 90 -degree parking provided in front of Mervyns. b. Provides greater shading of parking areas with more trees uniformly dispersed throughout the parking lot to reduce heat gain and improve comfort. c. Will improve ADA accessibility with new walkways and safer crossings at driveways, which have been evaluated by the City Building and Public Works Divisions. d. Proposes to implement green building techniques and practices. D. The renovation project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity, in that: a. As discussed in the Use Permit 07-056 Finding A.b and Finding B, the project meets the objectives of the Zoning Ordinance which ensures no detrimental affects to the public would result. b. The lighting upgrades as proposed would not create glare or result in levels that are insufficient for adequate security. c. Site improvements and new walkways have been conditioned for review with final improvement plans and include appropriate ADA design features such as smooth surfaces, minimal slopes and truncated domes. d. New and reconfigured drive aisles have been evaluated by the City traffic engineer and conceptually found to satisfy criteria for adequate vehicle and pedestrian sight distance at intersections, safety and design criteria, and such features have been adequately conditioned and will be further refined with final project improvement plans. e. Upgrades to the building will be included and are required to comply with current Building and Fire codes. f. The project is exempt from the provisions of CEQA, as discussed in Use Permit 07-056 Finding B. WHEREAS, the City Council makes the following sign program findings for SR07-91, as required pursuant to San Rafael Zoning Code Section 14.19.046.D: A. All of the signs contained in the program have common design elements which are specified in a uniform set of design criteria approved as part of the project, including placement of individual tenant wall signs on the shop facades, similar architecture and detailing of monument and directional signs which consist of low -stone faced walls, materials which require high quality lettering and material, illumination which precludes internally illuminated letters and requires indirect concealed light sources such as backlit lettering, sign type which primarily consists of individual lettering typically metal or high quality material; and number and size of signs allowed for each tenant which includes a maximum 1 square foot of sign area per lineal foot of busin0s frontage and minimum are of 25 square feet which is in keeping with the standard sign area allowances. B. All of the signs contained in the program, as described in the approved sign program criteria and Finding A above, are in harmony and scale with the materials, architecture, and design features of the buildings and property improvements, and the program is consistent with the general design standards specified in Section 14.19.054, as follows; a. The signs are an integral part of and complementary to the design of the buildings and improvements on the site. b. The signage proposed in the program and criteria is simple and high quality, with individual lettering as opposed to canister, frame or painted signs, as well as proposes monument -type freestanding signs which are preferred over pylon signs. c. Colors and materials will integrate with the setting, and building architecture and style, reflecting the variety of individual shops required by the new design criteria for the center. C. The amount and placement of signage contained in the program is in scale with the subject property and improvements, as well as the immediately surrounding area in that the additional monument signs proposed at the multiple driveway entries are deemed appropriate for the 44.75 acre shopping mall, the mall identification signage over the new mall entryways are deemed appropriate and properly scaled with the building, and the exterior tenant signage and permitted areas are consistent with the sign regulations in terms of number, placement and size. NOW THEREFORE BE IT RESOLVED, that the City Council approves UP07-056, ED07-090 and SR07-091, subject to the following conditions: Master Use Permit (UP07-56) Conditions of Approval Community Development Department Planning Division Allowed Uses and Limitations 1. This approvals grants Master Use Permit approval for the Mall at Northgate regional shopping center on a 44.75 acre site, comprised of the following buildings: Existing Buildings and Uses to Remain Unchanged: Sears Department Store (Combined Existing) -3 Levels + Outbuildings*: 134,976 sq. ft. Mervyns Department Store (Existing) -2 Levels: 81,617 sq. ft. Macy's (Existing) -3 Levels: 254,015 sq. ft. (*Sears Outbuildings include a 16,300 sq. ft. 3 -bay automotive service facility and 12,000 sq. ft, seasonal sales or appliance repair service facility) New & Reconfigured Building Areas*: Rite-Aid Drug Store and drive-through facility: 17,340 sq. ft. Mall Leasable Merchandising Building Area: 238,186 sq. ft. (*These new building areas are estimated based on the project plans as submitted.for zoning approval. It is anticipated that these areas may fluctuate up or down slightly at time of the building permit submittal(s). The maximum building areas are limited by the "build -back" provision provided for by this approval and the related Development Agreement.) For purposes of determining the gross floor area, the Mall leasable Building Area includes the leasable multi -tenant shops, food court, current 2,200 seat theater in 45, 000 sgft., existing and new restaurant building areas, mall management offices on 2" d level, . food court restrooms and tray wash dedicated area. The leasable area does not include the open public concourse and food court dining area, required exiting and service corridors, and the service/trash areas; which have been relocated from parking areas and incorporated into the building footprint. 2. The hours of operation shall remain unchanged for existing uses, and established for new uses, which are as follows: Standard Hours*: Mon -Sat. 10:00 AM — 9:00 PM Sunday 11:00 AM — 6:00 PM *These hours may flex with the holidays (generally mid-November through December), and theater and restaurant hours may vary. Generally, these hours are as follows: Century Theater: Mon -Sun. 11:00 AM — 1:00 AM Anchor Hours: Macy's: Mon -Sat. 10:00 AM — 9:00 PM Sunday 11:00 AM — 7:00 PM Mervyns: Mon -Sat. 9:00 AM —10:00 PM Sunday 9:00 AM — 9:00 PM Sears: Mon -Fri. 9:30 AM — 9:00 PM -10- Saturday 9:00 AM — 9:00 PM Sunday 10:00 AM — 7:00 PM Sears Auto: Mon -Sun. 8:00 AM — 8:00 PM Rite-Aid Hours: Mon -Sun. 9:00 AM — 10:00 PM Drive-through: 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 *New restaurants may offer breakfast service as early as 6:00 AM and stay open as late as 1:00 AM on Friday and Saturdays, subject to the approval of the City traffic engineer. 3. Pursuant to the terms of a Development Agreement DA07-01, the mall may build -back commercial retail space removed as part of the renovation up to the existing 0.40 FAR, or 773,238 square feet of building area. Such additions shall be subject to the current zoning development standards and design requirements in effect at that that time. Note: The development agreement may be reviewed annually and can be referred to the City Council for a hearing and review if the terms of the agreement are not being met. 4. The mall shall be used for a group of commercial establishments as listed in the GC district's commercial land use tables, managed as a unit with a covered common gathering area and on-site parking. 5. The exterior storefront spaces shall be reserved for the primary commercial retail tenants and services uses, including food service, financial service and theater uses. 6. The Rite-Aid building shall obtain a separate design review permit approval. 7. The mall shall maintain security and public safety measures for the facility. 8. 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. - 11 - Police Department 10. Public telephones shall be available, and functional, on each side of the theater, preferably inside the lobby of the opposing theaters or within 75' of the ticket sales booth. 11. A "time drop" or other money safe type device shall be provided at the box office and refreshment sales counter. The device shall be securely fastened to the floor or other non- movable fixture. 12. The staffing of private security officers shall include an additional officer solely assigned to patrol the theaters. This shall include random patrols of parking areas normally frequented by theater patrons (south, cast 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 cast 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. -12- Existing Uses and Public/Quasi-Public Uses 19. A meeting and assembly space of approximately 1,300 square feet shall be allowed to be provided for public/non-profit groups throughout Marin County. Minor modifications or revisions of the meeting area use shall be subject to review and approval of the Planning Division. Modifications deemed major shall be referred to the appropriate reviewing body. Any public meeting space provided shall be located in an interior or upper floor space. 20. Any existing public and quasi -public uses or other conditionally permitted uses that are currently operating within the mall may be allowed to re -occupy the new mall area upon completion of the renovation work. If any such uses do not secure a new lease to reoccupy the mall when the renovation is completed, their prior approvals shall become null and void. 21. An office for the San Rafael Police Department shall be permitted, as provided under Development Agreement DA07-01. The area shall be directly accessible to the common area, shall have interhet 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. 'rile 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 caf6, 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, cafe's and other small food service uses within exterior walkways, outdoor plaza and gathering areas. -13- Generally, outdoor seating shall not be more than 50% of combined indoor seating capacity for these uses. 30. Clear pedestrian walkways shall be maintained around all ancillary outdoor seating areas. 31. Furnishings and enclosures used for outdoor seating areas shall be consistent with the design criteria established for the mall. 32. Entertainment may be considered as ancillary to the large restaurant uses, during normal business hours. Parking Provisions and Limitations 33. The existing 8.5 -foot wide standard space dimension and 65 degree angled parking configuration may be maintained for the renovation project. Any intensification in use that requires more parking stalls to be provided on-site shall be subject.to compliance with current parking standards, and would require grant of appropriate approvals to vary from current standards. 34. The Mall at Northgate shall maintain a minimum ratio of 4 parking spaces per 1,000 gross square feet of leasable mall space, consistent with the City parking regulations. 35. Bicycle parking shall be provided in compliance with regulations, which establishes bicycle parking shall be equivalent to 3% of the vehicle parking amount, and spaced in convenient locations near the building entryways. 36. The mail shall continue to designate and monitor the northwest corner of the mall for employee parking, and the 36 spaces at the back of Mervyns shall be designated and used for employee parking. 37. The mall shall consider implementation of a transportation management system program to reduce employee traffic and manage parking on-site, as necessary, particularly during holiday seasons; consistent with the parking monitoring requirements established as a condition of the theater use. Promenade Construction 38, The North San Rafael Promenade improvement proposed along the project frontage shall be implemented in substantial conformance with approved plans and in accordance with the terms of the Development Agreement. Duration, Expiration and Applicability 39. The approvals granted herein shall be valid for a period of two -years, or until April 21, 2010, unless implemented prior to the expiration date or a request for extension of the approval is received prior to the expiration date. 40. Once inaugurated, this approval shall supersede and replace prior sign, use and design approvals granted for the mall, except that the existing approved signage, building design -14- and uses of the Macy's, Mervyns and Sears department store buildings and the 10.4 acre Sears property shall not be affected by this approval unless or until they submit separate plans for renovation, modification or improvement of their buildings and facilities. Environmental and Design Review Permit (ED07-90) Conditions of Approval Community Development Department, Planning; Division Building and Site Design Requirements 1. The renovation of the mall shall be implemented in compliance with the project plans dated March 2008, consisting of Civil Plans C.PC.01.01 through 19, Architectural Plans A.SD.CS.01 through A.SD.45.02, Landscape Plans L.SD.01.01 through 12, the Mall at Northgate Materials Board exhibit, exterior site furnishings and Exterior In -Line Tenants Design Criteria -- Updated: January 29`h 2008. Plans submitted for building permit shall conform to approved project plans, except as modified by conditions herein. 2. The mall architectural control committee (ARC) shall review and approve new exterior in-line tenant storefront designs and tenant signs for compliance with the Exterior In -Line Tenants Design Criteria — Updated: January 29`' 2008. City staff shall review these improvements with building permit plans. Verification of ARC approval of the tenant plans shall be provided at time of building permit application. 3. This design approval shall be applicable to exterior building and site improvements. Interior work shall be under the purview of the Northgate Mall architectural control committee. 4. The design details shall show the finish of the retaining wall at the northeast corner of the site, which shall be faced with stone or similar treatment to match the improvements along the site frontage. 5. The applicant shall pursue opportunities to eliminate need for an ADA ramp at the northeast corner, and provide access at the nearby driveway locations. 6. A detail showing the treatment for vacant or interim exterior storefronts shall be provided on renovation plans submitted for building permit. This detail shall be used for any initial vacancies following the renovation work, and shall propose a scheme that is in keeping with the main fagade. 7. Future additions, alterations and modifications to the site, including the Rite-Aid store buildin design, shall comply with the Exterior In -Line Tenants Design Criteria — Updated: January 29" 2008. 8. The Rite-Aid building shall obtain a separate design review permit approval, which shall include review of the details for the building architecture, drive through facility, trash enclosure and service areas, loading areas, adjacent landscaping and parking lot. -15- 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 ininimum clearance and dimension standards, outside of required walkways, as specified in the Parking Regulations. 11. All site and building improvements shall be maintained in good repair and condition for the duration of the use. Sign Program Requirements 12. All nex*,i/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 29`h 2008. 13. The monument entry signs (i.e., boundary, primary and secondary monument signs) and way finding signage shall be approved as indicated on the Site Plan Sheet C.SD.01.03 for the driveway entrances and internal intersections, and designed as indicated on Sheet A.SD.20.13, with low profile stone walls and high quality individual cutout lettering. 14. The mall entry signs identifying "Northgate" shall be approved on the building walls above the three entryways (as indicated on the approved elevations Sheets A.SD.04 through .06, consisting of 2' tall painted metal letters pinned off frosted glass background, illuminated with concealed light source; as well as P by 12' cut out letters, externally illuminated, located above the mall doorway entries. 15. The anchor department store tenants may replace their existing signage with the new signage of a similar size, scale and design. The anchor tenants are encouraged to upgrade signage to match the criteria set for the center. Landscaping 16. All landscaping shall be maintained in good condition and any dead or dying plants, bushes, or trees shall be replaced with new healthy stock of a size compatible with the remainder of the growth at the time of replacement. 17. Landscaping must meet the Marin municipal water district's (MMWD) water conservation rules and regulations. Prior to the issuance of a building permit or other authorization to proceed, the applicant must provide verification from MMWD stating that the landscape plan has been approved. 18. The final tree selections and planting detail shall be reviewed by the City Arborist. -16- 19. A planting detail for new tree wells shall be included on the construction plans. The detail shall be prepared by a licensed landscape architect based on a soils analysis prepared for the site, to ensure trees will thrive to the maximum extent feasible. Lighting 20. Design of lighting fixtures and levels shall be as indicated on the approved project plans (e.g., Site Plans, Elevations and Photometrics); e.g., with the intent to provide a uniform, low level scheme for parking lots, building entries and pedestrian areas. 21. All lighting shall be subject to a 90 day review period following grant of final occupancy to ensure lighting conforms to the approved plans and City standards. Construction Hours 22. All exterior work shall occur within the City of San Rafael's established work hours, with no noise generating activities that would exceed the 90 dBA threshold at the property line. Interior construction and demolition may occur outside of the established work hours, provided that such work shall not be significant noise generating activities and shall comply with the noise thresholds as specified in San Rafael Municipal Code Chapter 8.13 (Noise). 23. To expedite work and minimize impact on mail tenants, some nighttime work may be allowed for such things as minor demolition by hand, electrical wiring, and other similar construction finish work that does not require generators, engines, mechanical equipment or power tools that would generate significant noise perceptible outside of the mall building. No outdoor activities such as materials deliveries or debris hauling, employee gathering, or preparation activities shall occur after daylight hours. 24. Building phasing and staging shall be allowed as indicated on the "Development Lease Plan" and the "Preliminary Site Use Plans" submitted with the approved plan sets. Building Permit Requirements 25. The building materials and colors as presented for approval shall be the same as required for the issuance of a building permit. Any future changes in materials or color shall be subject to prior review and approval by the Planning Division to confirm compliance with this approval and city codes. This may include referral to the Design Review Board and administrative, minor or major design review. 26. Minor modifications to the design and sign program approvals may be approved by the Community Development Department, Planning Division. Changes deemed to be major shall be subject to review by the appropriate authority, as determined by the Planning Division. Community Development Department - Building and Fire Prevention Divisions 27. The design and construction of all site alterations shall comply with all applicable codes and regulations in effect at the time of plan submittal for building permit. Beginning January 1, 2008 the applicable codes are 2007 California Building Code, 2007 Plumbing Code, 2007 Electrical Code, 2007 California Mechanical Code, 2007 California Fire Code, and 2005 Title 24 California Energy Efficiency Standards. 17- 28. The plans shall provide dimensions showing distance to adjacent buildings such as Building A, Mervyn's, and the parking garage. 29. A building permit is required for the proposed work. Applications shall be accompanied by four (4) complete sets of construction drawings to include: a) Architectural plans b) Structural plans C) Electrical plans d) Plumbing plans C) Mechanical plans f) Fire sprinkler plans g) Site/civil plans (clearly identifying grade plan and height of the building) 1. Provide existing and proposed underground fire service mains, FDC's, PIV's, double check valve assemblies, and private or public hydrants. h) Structural Calculations i) Truss Calculations j) Soils reports k) Title -24 energy documentation 30. Based on a determination of the existing and proposed Civil Utility Plans (see item g.1) listed above) showing the Underground Fire Service Mains, and Fire Hydrants, there may be additional conditions required for this project. The provided plans were insufficient to determine Fire Flow for the new proposed Rite Aide, and the new Mervyns Plaza Plan. Additional Fire Hydrants may be required. This will be determined at project review for the building permit. 31. The occupancy classification, construction type and square footage of each building shall be specified on the plans in addition to justification calculations for the allowable area of each building. Site/civil plans prepared by a California licensed surveyor or engineer clearly showing topography, identifying grade plan and height of the building. 32. Provide an accurate Occupant Load Factor (OLF) for the gross leasable area per CBC 402.4.1. 33. Provide an occupant load for the food court per CBC 402.4.1.4 and 1004. 34. Whenever the distance of travel to the mall from any location within a tenant space used by persons other than employees exceeds 75 feet or the tenant space has an occupant load of 50 or more, not less than 2 means of egress shall be provided CBC 402.4.2. The maximum distance of travel from any point within a tenant space to an exit or entrance to the mall shall not exceed 75 feet. The maximum distance of travel from any point within a mall to an exit shall not exceed 200 feet. Show the means of egress and dimension distances. 35. Dimension the width of all corridors and exit passageways CBC 402.4.5. The minimum width is 66 inches. -18- 36. Dimension the plan to show mall width. Minimum width is 20 feet. Minimum width is 10 feet between any projection of tenant space bordering the mall and nearest kiosk, vending machine, bench, display, food court, or other obstruction CBC 402.5.1. 37. Dimension the kiosks and required separations per CBC 402.10. Each kiosk or grouping shall have a maximum area of 300 sq. ft. and a minimum horizontal separation of 20 feet. 38. Assembly occupancies such as the theater, if the occupant load exceeds 500 or more shall be located in the covered mall building that their entrance will be immediately adjacent to a principle entrance to the mall and have not less than one-half of their required means of egress opening directly to the exterior of the covered mall building CBC 402.4.3. 39. Fire sprinklers will be required throughout the mall designed and installed in accordance to NFPA 13 (2002 edition). The system shall provide protection for the mall area independent from the tenant spaces or anchor stores. This will include sprinkler coverage for all Kiosks or similar structures. (see CBC 402.10 for required installation criteria) A Separate application by a C-16 contractor is required. 40. Fire Standpipe System shall be required throughout the Mall, and installed in accordance to NFPA 14 (2002 edition) with a class I hose connections connected to a system sized to deliver 250 gallons per minute at the hydraulically most remote outlet. The location of standpipe outlets shall be installed at the main entrance, within each exit passageway or corridor, at each floor level, at any catwalk accessing service area's, within enclosed stairwells that open onto the mall, and at exterior entrances to the mall. (see CBC Sec 402.8.1 & Sec 905.3.3 for installation criteria) Separate application by a C-16 contractor is required. 41. Manual and automatic Fire detection system will be required throughout the mall and tenant spaces. This will include detection devices installed within all Kiosks or similar structures. (see CBC Sec 402.10 for required installation criteria) A separate application by a C-10 contractor is required. 42. Provide a Smoke Control System within the enclosed mall. The provisions for the smoke control system shall comply with CBC Sec 402.9 & Sec 404. 43. Provide a single fire department control room containing controls for air handling system, smoke control system, fire alarm control panel, relocated from the attic area, and fire suppression system control. 44. Provide an approved vestibule area for attic access areas. These areas shall be designed to maintain a minimum fire resistive construction at two hours. A single Standpipe outlet, the configuration shall be designed to accommodate a single Engine Company crew with fire fighting equipment. The specific dimensions to be determined at building permit review. 45. Rite Aide building shall be protected by an automatic fire sprinkler system as required by the California Building Code, as amended by the Municipal Fire Code, and designed in accordance -19- to NFPA 13 (2002 edition). It shall be provided with central station alann monitoring, that has an Underwriters Laboratory Serially Numbered Certificate which will notify the fire department in the event of activation of one of the water flow switches. In addition, a local alarm shall be provided on the exterior and at a normally occupied location in the interior of the building. 46. At the drive-thru alley (aka, Oak Court Plaza) show parking space(s) for disabled persons. 47. Each building shall have address numbers located in a position that is plainly visible from the street or road fronting the property. Numbers must be Arabic numerals or alphabetical letters, be minimum 4" in height with a minimum stroke width of 0.5 inch, contrasting in color to their background, and either internally or externally illuminated. 48. Knox box keyed entry system is required at designated access doors. 49. Any demolition of existing structures will require a permit. Submittal shall include three (3) copies of the site plan, asbestos certification and PG&E disconnect notices. Also, application must be made to the Bay Area Air Quality Management District prior to obtaining the permit and beginning work. 50. School fees, if required, shall be paid for the project. School fees for commercial space are computed at $0.33 per square foot of new building area. Calculations are done by the San Rafael City Schools, and those fees are paid directly to them prior to issuance of the building permit. 51. If on-site streets are privately owned, certain on-site improvements such as retaining walls, street light standards, and private sewer system will require plan review and pen -nits from the Building Division. 52. With regard to any grading or site remediation, soils export, import and placement; provide a detailed soils report prepared by a qualified engineer to address these procedures. In particular the report should address the import and placement and compaction of soils at future building pad locations and should be based on an assumed foundation design. This information should be provided to Building Division and Department of Public Works for review and comments prior to any such activities taking place. 53. A grading permit may be required for the above-mentioned work. 54. Prior to building permit issuance for the construction of each building, geotechnical and civil pad certifications are to be submitted. 55. Walls separating purposed tenant space from existing neighboring tenant spaces must be a minimum of 1 -hour construction. 56. All site signage as well as wall signs require a separate permit and application (excluding address numbering). -20- 57. Monument sign(s) located at the driveway entrance(s) shall have address numbers posted prominently on the monument sign. 58. Facilities in mercantile and business occupancies, toilet facility requirements for customers and employees shall be permitted to be met with a single set of restrooms accessible to both groups. The required number of fixtures shall be the greater of the required number for employees or the required number for customers. Fixtures for customer use shall be permitted to be met by providing a centrally located toilet facility within a max distance not to exceed 500 feet. In stores with a floor area of 150 square feet or less the requirement to provide facilities for employees shall be permitted to be met by providing a centrally located toilet facility within a max distance not to exceed 300 feet. 59. rood service establishments with an occupant load of 100 or more shall be provided with separate toilet facilities for employees and customers. 60. Minimum elevator car size (interior dimension) is 68" wide and 51" deep, with a clear door width of 36". 61. This site may contain particularly caustic and/or corrosive soils. Mitigating design for any in - ground piping systems or reinforcing elements which may be detrimentally affected will need to be addressed during design. 62. The proposed facility shall be designed to provide access to the physically disabled in accordance with the requirements of Title -24, California Code of Regulations; i.e., accessible parking stalls, path of travel, primary entrance, interior travel path and restrooms. 63. All areas within the site must be accessible for persons with disabilities. All newly constructed buildings on a site shall have, but are not limited to, the following accessible features: a) Path of travel from public transportation point of arrival b) Routes of travel between buildings c) Accessible parking d) Ramps e) Primary entrances f) Sanitary facilities (restrooms) g) Drinking fountains & Public telephones (when provided) h) Accessible features per specific occupancy requirements i) Accessible special features, i.e., ATM's point of sale machines, etc. 64. Pedestrian access provisions should provide a minimum 48" wide unobstructed paved surface to and along all accessible routes. Items such as signs, meter pedestals, light standards, trash receptacles, etc., shall not encroach on this 4' minimum width. Also, note that sidewalk slopes and side slopes shall not exceed published minimums per California Title 24, Part 2. -21 - 65. The site development of such items as common sidewalks, parking areas, stairs, ramps, common facilities, etc. are subject to compliance with the accessibility standards contained in Title -24, California Code of Regulations. The civil, grading and landscape plans shall address these requirements to the extent possible. 66. Fire lanes must be designated; painted red with contrasting white lettering stating "No Parking Fire Lane" A sign shall be posted in accordance to City of San Rafael standard 9204. 67. If a Dry Cleaning Operation moves in the provisions listed in Chapter 12 of the California Fire Code shall be required. 68. Hazardous Materials Placard shall be installed for those areas of the facility that are storing, using, or handling hazardous materials. This in accordance with NFPA 704. There would additionally be requirement to provide a Hazardous Materials Management Plan submitted to Marin County Department of Public Works, CUPA. 69. Storage height in excess of 12 feet shall require a "High Pile Storage" permit. 70. Provide an approved Fire Department Equipment access through the Mervyns Plaza Plan. There shall be a minimum road design of 20 foot width with 13.5 foot head clearance with a road surface capable of supporting an imposed load of 75,000 lbs. Contact Fire Prevention Bureau for specific details. 71. Fire Department access shall be maintained to all parking areas with the exception of the existing covered parking that is protected with a standpipe and sprinkler systems. If curbs are created that inhibit fire department access it will be the responsibility of the installing contractor that has applied for the permit to maintain the proper dimensions for a fire engine to access any parked vehicle. 72. In -ground grease separator(s) will be required outside the building perimeter to handle waste water from the restaurants and food court area. 73. Review and approval by the Marin County Health Department may be required prior to submittal for building permit plan review. Public Works Department — Land Development Division 74. In response to the applicants memo received February 25, 2008, Public Works accepts the "Contech CDS Hydrodynamic Separator" as a means to treat the stormwater runoff from the site; this is based on existing site conditions and constraints where presently no water is being treated at all. The applicant is requested to submit calculations to verify that the proposed structure is adequately designed and to further address the other issues listed below: 75. An engineered plan for the frontage improvements to be reviewed and approved by the Department of Public Works, prior to issuance of the building permit. The plan must show existing and proposed curb and gutter, sidewalk, bike lane, driveway, crosswalk in the public -22- right of way and on the private property fronting Northgate Drive, Las Gallinas Road and Los Ranchitos Road and the following: a) Show flowline elevations of curb and gutter fronting the said streets. b) Replace damaged curb and gutter caused by settlement, upheaval, crack, displacement, lateral movement, etc. to ensure no "ponding"/"birdbath" in gutter. Suggestion: Flood existing gutter with water to determine which sections of curb and gutter to be replaced. c) Replace damaged sidewalk caused by settlement, upheaval, crack, displacement, lateral movements, incorrect cross slope, etc. All existing sidewalk along the promenade must be replaced. New sidewalk fronting the promenade must be 6' wide. d) Provide a widen 5' x10' sidewalk between every 150'-250' for wheelchair passing area. c) Provide curb and/or railing at back of existing on Northgate Drive near Mervyn's where there is different in grade between the back of sidewalk and the parking lot. f) Modify and/or replace existing curb ramps at crosswalks to comply with ADA requirements. Show details and provide elevations. g) Modify and/or replace existing driveways (12 each) and curb returns to comply with ADA requirements. Show details and provide elevations. h) Repair asphalt pavement failure within 5' from the lip of gutter. i) Replace all existing frontage improvements including curb and gutter within the limits of the promenade. Sidewalk along the new promenade shall be 5' wide except at obstructions such as trees, light pole, above ground traffic control boxes, etc. Grind, reinforced fabric and repave the travel lane closest to the gutter for uniform width and conformance. j) Frontage improvements and new improvements must be in accordance with the City's standard plans and specifications and must also comply with the Americans with Disabilities Act (ADA) requirements. 76. Frontage improvements must be completed, prior to issuance of certificate of occupancy. 77. City will require a license agreement (or equivalent permanent public access right, e.g., easement or grant of right-of-way), where the frontage improvements such as sidewalk, bike lane, access ramp, crosswalks are located on private property. Frontage improvements will be maintained by applicant/property owners, prior to issuance of final building inspection. 78. The applicant shall ensure no permanent structure is placed over any easement. 79. A Storm Water Pollution Prevention Plan (SWPPP) to include erosion controls is required. 80. A Notice of Intent (NOI) from Regional Water Quality Control Board is required. 81. Prevent storm runoff over the sidewalk/driveway apron. 82. Cover and berm refuse area (if any). Plumb to existing nearby sewer, if available. 83. Prior to issuance of building permit, applicant shall enter into a maintenance agreement with City to maintain storm water controls and yearly report. -23- 84. A Best Management Practice plan shall be included in the building plans. Public Works Department - Traffic Requirements 85. Final improvement plan details shall be submitted for final review and approval by the City Traffic Engineer for the proposed roadway and traffic related improvements including the pedestrian and driveway crossings, restriping and alignment of the new driveway entry at Del Presidio, proposed bus turnout location, and analysis of vehicle sight distance at driveways, etc. The applicant shall make all the necessary site, frontage and intersection improvements necessary to accommodate the project changes. 86. The applicant shall pay for roadway improvements required for the new entrance at Del Presidio and Las Gallinas. 87. As designed, the new driveway entry at Del Presidio is intended as an entry only for south bound traffic from Del Presidio. Eastbound right -turn and westbound left -turn movement's from Las Gallinas Drive are not allowed. Final details and future modifications shall be subject to review and approval by the City Traffic Engineer. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 21" day of April, 2008, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILME.MBERS: ABSENT: COUNCILMEMBERS Brockbank, Connolly, Heller, Miller & Mayor Boro None None -24- 115_�� C:n -4IZ.•-Z. 11-t . ESTHER C. BEIRNE, City Clerk j LL l� Exhibit 7 J N� C ° o U 3 a d o ' c' cm m o w rn 3 0 E o o -,'s' co =o -@oao au -01m`5mcc C N C O C O O L c� o m c aN•3 ti m-�o g o c�z •E s v ° c V N C °_ •«' 'o N y 0 - o a) N O s c m o� d s 00 U U m o a `o s U -- .S d .moo. 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