shell gas station remodel

ZONING ADMINISTRATOR STAFF REPORT
MEETING
DATE:
February 25, 2016
922 Machin
Novato, CA 94945
(415) 899-8900
FAX (415) 899-8213
www.novato.org
STAFF:
Matthew Gilster, Planner I
(415) 493-4708; mgilster@novato.org
SUBJECT:
SHELL GAS STATION AND CONVENIENCE STORE REMODEL
P2015-039; USE PERMIT & DESIGN REVIEW
APN 141-244-16; 7473 REDWOOD BOULEVARD
CEQA- CATEGORICALLY EXEMPT; SECTION 15302
REQUEST
The proposed project involves a request for the Zoning Administrator to grant a use permit for
extended hours of operation (11:00 p.m. - 6:00 a.m.) to continue 24-hour operation of a gas station
and convenience market and approval of the final site design, architecture, and landscape plans
proposed for a complete remodel of the Shell gas station, drive through carwash, and convenience
market located at 7473 Redwood Boulevard.
EXISTING SITE & OPERATIONS DESCRIPTION
The project site is a .52-acre corner parcel (23,028 square feet) that fronts onto Redwood
Boulevard and Olive Avenue. The project site is currently developed with a Shell gas station
facility which includes a drive through car wash, four fueling stations, underground fuel storage
tanks, and a convenience market. The convenience market operates 24 hours a day seven days a
week. There is onsite parking for the convenience market and fuel stations.
PROJECT DESCRIPTION
The existing gas station was approved with multiple use permits that allowed the self-service
carwash, expanded convenience market, and onsite alcohol sales. However, the original Shell gas
station never received a use permit for the extended hours of operation, between 11 p.m. – 6 a.m.
The gas station and convenience market have been operating 24 hours a day, which now requires
a use permit to operate between the hours of 11:00 p.m. - 6:00 a.m. in accordance with Zoning
Code Section 19.12.010, Table 2-7. Section 19.52.020(A)(3)(c) of the Novato Zoning Code states
that a non-conforming use shall not retain the benefits as a non-conforming use if the structure in
which the non-conforming use is destroyed, by any means to more than 75 of its assessed value,
exceeding the value of the land. As both the gas fueling area and the convenience market are
proposed to be demolished and relocated, the applicant needs to now secure a use permit for the
gas station and convenience market to operate 24 hours a day.
The proposed replacement convenience market is a single-level structure with a floor area of
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3,027 square feet. The proposed replacement canopy for the fueling area will be 2,744 square
feet, and the proposed replacement carwash tunnel will be 1,129 square feet with an equipment
shed of 234 square feet. Two (2) 20,000 gallon underground fuel storage tanks are also proposed
to be installed north of the fueling area. Primary ingress and egress to the site will be taken from
one of two driveways that access onto Redwood Boulevard, as well as a single driveway with
access onto Olive Avenue. A new pedestrian access walkway will link to the existing sidewalk
on Olive Avenue. Note: AU Energy, LLC owns and operates this and several other gas stations
in Novato which they are in the process redeveloping with improved site and structure(s) designs.
Key features of the site design are:

Expand the distance between the existing gas pumps and stagger the location of
the pumps. Four (4) pumps will remain which can accommodate eight (8) cars. A
new canopy will also be installed above the gasoline pumps. The canopy above
the fueling area is proposed to increase to 2,744 square feet.

Replace, relocate and reorient the convenience market of 3,027 square feet. The
new orientation will be placed closer to the rear property line to open-up the site
for better vehicular circulation.

The drive though carwash will be relocated to allow for additional vehicle queuing
space.

Create seventeen (17) on-site parking spaces for the customers of the gasoline
station and convenience market; one is ADA compliant, one space is parallel to
the fuel canopy, eight spaces are provided at the fuel stations and eight spaces will
be located in front of the convenience mart. There are also five (5) additional
vehicle queuing spaces for the carwash. Parking is provided based on the defined
uses at the site and their respective area consistent with space requirements
prescribed in Novato Zoning Code Division 19.30.
Operational Components
The Shell gas station proposes the following operational components:
 Extended business hours of 24 hours a day 7 days a week.
NEED FOR ZONING ADMINISTRATOR ACTION
According to Section 19.42.050 of the Novato Municipal Code the Zoning Administrator has the
authority to approve a use permit for extended business hours, (10:00 p.m. to 6:00 a.m.). According
to Sections 19.40.030 the Zoning Administrator has the authority to concurrently consider
approval of the Design Review application after a formal recommendation on the application has
been made by the Design Review Commission. A formal recommendation on the Design Review
application was made by the Design Review Commission at its January 6, 2015, meeting.
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BACKGROUND
Property Owner:
AU Energy, LLC
Applicant:
MI Architects
Assessor's Parcel No.:
141-244-16
Property Size:
.52 acres (23,028 square feet)
General Plan Designation:
General Commercial (CG); Maximum FAR of 0.40
Existing Zoning:
General Commercial (CG); Downtown (D) Overlay
Existing Use:
Gas station with a convenience market and carwash
Adjacent Zoning/Uses:
N, S, E, W: General Commercial (CG)
North: Randall Brothers Automotive
South: Self-service carwash
East: Redwood Boulevard
West: Vacant Commercial Parcel
ENVIRONMENTAL ASSESSMENT
The project is categorically exempt from the requirements of the California Environmental Quality
Act (CEQA) and the City of Novato Environmental Review Guidelines pursuant to CEQA
Guidelines Section 15302, Replacement or Reconstruction. CEQA Guidelines Section 15302
exempts projects involving replacement of a commercial structure with a new structure of
substantially the same size, purpose, and capacity. The proposed project will not result in a
substantial increase in facility size or intensify the existing uses on site. The proposed extended
hours of operation will not intensify the use on site, as the convenience store and fuel stations
currently operate during extended hours of operation. The proposed project meets the criteria of
the CEQA Guidelines Section 15302 and is categorically exempt from CEQA.
HISTORY OF ENTITLEMENTS
April 1972 Sr15027;05/04/15
Plan review approval for landscaping plan for gas station and car wash use
on portion of adjacent property.
3
May 1972 -
Use Permit approval for extension of service station and car wash use to
portion of existing property.
May 1979 -
Use permit approval for establishment of a food mart.
December 1984 -
Use permit approval for remodeling of food mart and for off-site sales of
alcohol.
October 1988 -
Use permit approval for installation of self-service car wash.
July 1994 -
Use permit to allow expansion of the food mart.
PUBLIC MEETINGS
Neighborhood Meeting
A neighborhood meeting was held at Saint Francis Episcopal Church, 967 5th Street,
Novato on Tuesday June 23, 2015. No one from the community attended the meeting.
Design Review Workshop
At its August 19, 2015, meeting, the Design Review Commission reviewed the proposal at a public
workshop. Comments from the commissioners’ communicated an overall endorsement of the
proposed site design and architecture. The Commission gave the following direction to the
architect:
 Replace the four redwood trees on site that are proposed to be removed with a redwood
tree on Redwood Boulevard.
 Removal of the second convenience market tower element that faces Olive Avenue.
 Eliminate two parallel parking spaces along the south property line.
 Extend roof parapet of the convenience market around the rear of the building
 Shift driveway onto Olive Avenue approximately 5 feet to the west to provide safer ingress
and egress.
Design Review Commission Hearing
At its January 6, 2015, meeting, the Design Review Commission reviewed the revised proposal.
The project architect submitted revised plans in response to the DRC’s comments from the Design
Review workshop. Key revisions included:
1.
The Olive Ave., driveway has been “shifted” westerly 18.6’ away from the street
intersection.
2.
Eliminated two (2) parallel parking stalls and striping areas along the south property line
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for improved site circulation (parking still meets City standard).
3.
Added a fifteen (15) gallon redwood tree at the street intersection planter.
4.
Eliminated the north elevation tower element fronting on Olive Street.
5.
Specified the type and size of the wood trellis on the trash enclosure roof.
6.
Extension of roof parapet of the convenience market around the rear of the building.
The Design Review Commission made a formal recommendation of approval of the final site
design, architecture, and landscape plans with the added recommended condition of approval
below, (See recommended condition of approval No. 9):
9. The main tower element on the convenience market must substantially conform to the hip roof
design sketch presented by Commissioner MacLeamy at the January 6, 2016, Design Review
Commission meeting.
STAFF ANALYSIS
1996 General Plan Consistency
The proposal to completely remodel a gas station, convenience market, and drive-through
carwash and add the extended hours of operation, (10:00 p.m. – 6:00 a.m.) is
proposed on a site that is assigned the General Commercial (CG) land use designation of the
Novato General Plan. The CG land use designation permits a variety of commercial uses,
including gas stations, convenience markets, and retail sales.
The CG land use designation permits a maximum floor area ratio (FAR) of 0.40. Floor area ratio
is the maximum amount of floor area represented as a percentage of a given parcel's land area.
The proposed gas fueling area, convenience market, and carwash have a combined FAR of 0.12.
This FAR level is within the maximum FAR limit of 0.40.
In addition to specifying acceptable types of land uses and maximum development intensities,
the Novato General Plan provides a framework of policies addressing such matters as land use,
noise, transportation and circulation, and community character. These policies are intended to
coordinate Novato's physical development over a 20-year period. The proposals compliance with
relevant General Plan policies includes:
Community Identity Policy 1 Compatibility of Development with Surroundings.
Ensure that new development is sensitive to the surrounding architecture,
topography, landscaping, and to the character, scale, and ambiance of the
surrounding neighborhood. Recognize that neighborhoods include community
facilities needed by Novato residents as well as homes, and integrate facilities
into neighborhoods.
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The gas station will serve the surrounding neighborhood and traffic on Redwood Avenue. The
updated appearance will ensure that the development will be consistent with the surrounding
architecture on Redwood Boulevard and provide an attractive business that fits in with the
character and ambiance of the surrounding neighborhood. The proposed renovations to the site
and Shell gas station are considered to be consistent with LU-Policy 1 of the Novato General Plan.
Community Identity Chapter Policy 7 Landscaping. Encourage attractive native
and drought-tolerant, low-maintenance landscaping responsive to fire hazards.
The proposed landscaping plan was designed to place new trees along Redwood Boulevard and
replace the Redwood trees that will be removed as a result of the project. The trees proposed are
low maintenance and drought tolerant species as discussed the Landscape section below. The
proposed renovations to the site and Shell gas station are considered to be consistent with LUPolicy 7 of the Novato General Plan.
Community Identity Chapter Policy 12 Parking Standards. Reduce the visibility
of parking facilities and the amount of land necessary for them to the maximum
extent feasible.
The design adheres to the parking ratios for the activities occurring at the site; fifteen (15) parking
spaces are required and (17) are illustrated on the site design plans. Additionally, five (5) queuing
spaces for the carwash are provided as required. Given the observations above, the proposed
renovations at the Shell gas station site are considered to be consistent with LU Policy 12 of the
Novato General Plan.
Community Identity Chapter Policy 15
maximum feasible pedestrian circulation.
Pedestrian Paths.
Provide for
The site plan preserves pedestrian access via the driveways onto the site, which intersect existing
sidewalks, and introduces a new internal pathway that allows pedestrians to access the convenience
market from Olive Avenue. Given the observations above, the proposed renovations at the Shell
gas station site are considered to be consistent with LU-Policy 15 of the Novato General Plan.
Community Identity Chapter Policy 32 Public Art. Propose public art that
enhances the cultural life of the community.
The applicant has indicated they will pay the in-lieu art fee. With the payment of this fee, the
proposed renovations at the Shell gas station site are considered to be consistent with LU policy
32 of the Novato General Plan.
Compatibility with General Plan Policy SF 37: Noise and Land Use
Compatibility Standards
Consistent with the above Novato General Plan policy, an acoustical study was prepared by the
applicant to model the potential noise generated by the new facility. According to the acoustical
study prepared by Extant Acoustical for the project, the operation of the fueling station and
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convenience store after-hours will generate approximately 21-37 dBA at the property line. Novato
General Plan Policy SF 37 Table 3 sets the standard for normal exterior noise levels at up to 70
dBA for commercial businesses. This indicates that the proposed facility is consistent with the
standards set for exterior noise levels by the City of Novato General Plan and the use was further
reviewed for compatibility with surrounding land uses and is discussed below.
The project’s car wash will operate during normal business hours, which are from 6 a.m. to 10
p.m. The acoustical study indicated the car wash would generate noise that is within the ambient
noise conditions during this time period. Notably, the new car wash equipment is quieter than the
existing equipment in use at the Shell station.
Zoning Consistency
Consistent with the General Commercial land use designation of the General Plan, the General
Commercial (CG) zoning district is applied to areas appropriate for a range of community serving
commercial uses.
The table below lists the general standards of the CG Zoning District and special provisions and
standards of the Zoning Ordinance that apply to the proposal submitted by MI Architects.
MI ARCHITECTS
APPLICABLE ZONING STANDARDS
GENERAL COMMERCIAL
STANDARD
MI ARCHITECITS,
PROPOSAL
Maximum FAR
Maximum Lot
Coverage
0.40
0.12
40%
29%
Maximum Height
35-feet
27-feet at highest element
Minimum
Setbacks from
Property Line
Front- None
Side- None
Rear- None
West Elevation: 20-feet
North Elevation: 27-feet
South Elevation: 20-feet
East Elevation: 27-feet
Minimum Solid
Waste
Storage Area
24 sq ft. solid waste and 24 sq. ft. 140 square-foot trash enclosure
recyclables
Art Ordinance
Provide or pay in-lieu fee for art.
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Pay in-lieu fee
Parking
Convenience market:
1 space for each 200 sf
= 15 spaces required.
17 proposed on-site
Carwash: (5) Queuing spaces for the 5 Queuing space for the carwash.
carwash.
Bicycle Parking: 1 spaces
1 space
Extended Hours of Operation
The request for the extension of business hours from 11:00 p.m. until 6:00 a.m. creates the need
for staff to review any potential for after-hours noise and loitering on the premises. The Shell
station is not proposing to operate the exterior carwash after 10:00 p.m. and is located on Redwood
Boulevard away from any residences. The closest residence to the Shell station is a multifamily
housing complex directly west of the Shell station property. The complex is separated from the
Shell station by an elevated wall, vegetation screening, and approximately 100 feet of distance.
The convenience market doors face Redwood Boulevard and are on the opposite side of the
building from the residential areas, facing away from any potentially sensitive noise receptors. The
city has not received any formal complaints of noise from previous operations of the market and
carwash, which has been operating 24 hours a day 7 days a week.
Due to the location and orientation of the market, staff does not envision a noise compatibility issue
between the late night operation of the Shell station and surrounding residential uses. The market
will be in close enough proximity to residential areas to provide pedestrian access for residents of
the nearby neighborhood. The station would also be one of the few available places for late night
drivers or residents to get fuel or sundry items after hours.
The surrounding commercial uses include restaurants, automobile services, and retail sales. As no
other commercial business will operate past normal business hours, (except for the Chevron station
across the street), the Shell station will not affect the surrounding businesses after 10:00 p.m.
The City of Novato Zoning Code Section 19.22.070 Table 3-5 sets allowable exterior noise levels
for commercial properties in the City of Novato during extended hours of business between the
hours of 10:00 p.m. – 6:00 a.m. During night time hours the maximum allowable exterior noise
level is 60 dBA measured from the property line. The convenience market and fuel station would
be operating during these extended hours. According to the acoustical study prepared by Extant
Acoustical for the project, the operation of the fueling station and convenience store will generate
approximately 21-37 dBA at the property line, which is well below the 60dBA limit set by the city
of Novato Zoning Code for afterhours exterior noise levels. The carwash will also not be in
operation during the extended business hours, ceasing operation at 10:00 p.m. (see condition of
approval No.3).
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Staff Comments on the Overall Design
The reorientation of the convenience market and carwash closer towards the west property line
and further away from Redwood Boulevard to the east creates more space for parking, carwash
queuing, and opens up the fueling area to provide better access.
Architecture
The building mass is characterized by a rectangular form punctuated by horizontal projections
and one vertical element. The building is primarily a flat roof structure with a modern and
decorative cornice detail that runs along the entire length of the roof line. Other architectural
details include a concrete tile finish wainscot along sections of the base of the building, pewter
and grey colored trim and metal roofing material. The main tower element will have a hip roof in
compliance with the condition of approval recommended by the DRC (see recommended
condition of approval No. 9).
Landscape plan
The project architect has illustrated where new landscaping would be installed on the proposed
planting plan. The overall landscaping on site will be comprised of smaller landscaped strips
throughout the site with ground cover shrubs and trees. Seven (7) Arbutus Marina trees are
proposed to be installed along the southern border of the property, five (5) Redspire pear trees
(Pyrus cal. Red Spire) are proposed to be installed in landscaping strips and islands surrounding
the convenience store, carwash entrance and exit driveways, one (1) Silver Coast Redwood
(Sequoia sempervirens) is proposed to be installed at the north east corner of the property adjacent
to the Shell monument sign, which is visible along Redwood Avenue. All proposed trees are
known to be drought tolerant and low maintenance. Four (4) existing Redwood trees along the
north west property line are proposed to be removed.
Art Program
Staff has advised the applicant that this proposal is subject to the City’s Art Program pursuant to
Division 19.21. The applicant has submitted a request to the Community Services Director to pay
the in-lieu art fee and was approved. With the payment of this fee, the proposed renovations at the
Shell gas stations site are considered to be consistent with the City’s Art Program.
Signs
The project's architectural plans identify conceptual signs to describe potential locations where
signs may be affixed to the proposed building. Signs are typically not reviewed by the Zoning
Administrator unless a project requires the creation of a master sign plan. A master sign plan is
required for commercial projects with four or more tenants. In this instance, a master sign plan is
not required for the proposed project since it is designed to accommodate one tenant such, tenant
signs will be reviewed individually through the City's normal sign permit process. The Zoning
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Administrator does not need to take any action relative to the signs shown on the architectural
plans.
Solid Waste and Recycle Storage
According to Novato Municipal Code Section 19.20.120, Solid Waste and Recyclable Materials
Storage, a non-residential development project shall provide solid waste and material storage area
in compliance Table 3-4. These requirements apply to each individual structure, and shall apply to
new structures, and additions to existing structures which increase floor area by 30% or more
within any 12 month period.
The project is subject to the provisions of Section 19.20.120. The project is required to provide a
solid waste and recyclable material storage area(s). In this instance, the proposed project is required
to provide a 48 square foot solid waste storage area and a 48 square foot recycling area.
The proposed storage area is approximately 140 square feet in size and as depicted on site plans
meets all of the requirements of Novato Municipal Code Section 19.20.120, Solid Waste and
Recyclable Materials Storage. Although not required by ordinance, the applicant has been
encouraged to provide recycling receptacles at the pump islands and elsewhere onsite where trash
cans are located.
Photometric plan
According to the Novato Zoning Ordinance Section 19.22.060, site lighting should avoid the
unnecessary spillover of light or glare onto adjoining properties and not interfere with the normal
operation or enjoyment of adjoining properties. The architect for the Shell gas station has
submitted a photometric plan illustrating the anticipated lighting conditions resulting from the
project’s under canopy lighting system. The photometric plan indicates that the under canopy
lighting would be as high as 48 foot candles, with off-site spillover light ranging from .00 and .03
along the west, and as high as .5 foot candle along the Redwood Boulevard frontage. Foot candle
strength of 25 to 80 is acceptable below the canopy, and is appropriate for industry standards.
Based on the findings of the photometric plan, the project’s proposed light system would
adequately illuminate the project site without resulting in significant light spillover.
Acoustical study
With direction by the DRC and in response to public comments made at the August 19th workshop,
the applicant had an acoustical study prepared to address any concerns regarding noise from the
new carwash facility.
Extant Acoustical Consulting LLC was retained by the project applicant to perform a noise
analysis for the proposed project. The results of this study indicated that any noise generated by
the proposed carwash would comply with the City of Novato Municipal Code maximum allowable
noise level standards by not exceeding the ambient noise levels already present during operating
hours.
City of Novato Zoning Ordinance Section 19.22.070 Table 3-5 states that allowable exterior noise
levels for commercial uses during normal business hours (6:00 a.m. to 10:00 p.m.) is 70 dBA.
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However if the ambient noise exceeds the resulting standard, the ambient level shall be the
standard. According to the prepared acoustical study, maximum noise levels in the existing
ambient noise environment at the property line of the project site (noise source) averaged
approximately 79 dBA during daytime hours (7:00 a.m. to 10:00 p.m.).
The study model predicts that overall noise levels from the operation of the proposed project
including carwash are anticipated to range from approximately 28 to 42 dBA. Maximum property
line noise levels from the operation of the proposed project including carwash are anticipated to
reach approximately 78 dBA during daytime hours. The study concludes that the maximum
project-generated noise levels are predicted to comply with the City of Novato Municipal Code
maximum allowable noise level standards, adjusted for the existing ambient noise environment
(i.e., 79 dBA).
RECOMMENDATION
Planning staff recommends the Zoning Administrator make the required findings to approve a use
permit allowing extend hour (10p.m. - 6 a.m.) operations for the gas station and convenience store
uses and a design review for the revised site design, architecture, and landscaping plans proposed
for the Shell gas station located at 7473 Redwood Boulevard, APN 141-244-16, based on the plans
prepared by MI Architects, dated September 30, 2014, based on the findings and subject to the
conditions of approval listed below.
FINDINGS AND ACTION
1. CEQA Finding
The project is categorically exempt from the requirements of the California Environmental Quality
Act (CEQA) and the City of Novato Environmental Review Guidelines pursuant to CEQA
Guidelines Section 15302, Replacement or Reconstruction. CEQA Guidelines Section 15302
exempts projects involving replacement of a commercial structure with a new structure of
substantially the same size, purpose, and capacity. The proposed project will not result in a
substantial increase in facility size or intensify the existing uses on site. The proposed extended
hours will not intensify the use as the convenience store and fuel stations currently operate during
extended hours of operation. The proposed project meets the criteria of the CEQA Guidelines
Section 15302 and is categorically exempt from CEQA.
2. Use Permit Finding
To grant a use permit allowing the extended business hours the Zoning Administrator must make
the use permit findings specified in Novato Municipal Code Section 19.42.050E. The following
discussion addresses each required use permit finding:
Use Permit Finding 1: The proposed use is consistent with the General Plan
and any applicable specific plan;
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Discussion: The Shell station is located on a parcel assigned the General Commercial (CG) land
use designation of the 1996 Novato General Plan. The CG land use designation was developed
with the intent of creating a range of community serving commercial, regional retail, and service
land uses. Accordingly, the CG land use designation permits a variety of retail and service uses,
including conditionally permitted businesses allowing extended business hours for retail
operations from 10:00 p.m. to 6:00 a.m.
Based on the provided acoustical study and analysis above, the proposed extended hours of
operation of the convenience market and fuel station is consistent with the 1996 Novato General
Plan, including Safety and Noise Policy 37.
Use Permit Finding 2: The proposed use is allowed with a use permit within
the applicable zoning district and complies with all applicable provisions of
this Zoning Ordinance and any relevant Master Plan and/or Precise
Development Plan;
Discussion: Table 2-7 of the Novato Zoning Ordinance specifies that extended hour businesses,
may be allowed in the General Commercial (CG) Zoning District with the approval of a use permit,
Article 6 defines “Extended Hours Business” as “A retail use which includes operation hours
between 11:00 p.m. and 6:00 a.m.”
Based on the operational characteristics of the Shell station, analyzed above, the proposed
extended hours can be allowed within the CG zoning district and will comply with all applicable
provisions of the City of Novato Zoning Ordinance as conditioned below.
Use Permit Finding 3: The establishment, maintenance or operation of the
use will not, under the circumstances of the particular case, be detrimental to
the health, safety, or general welfare of persons residing or working in the
neighborhood of the proposed use;
Use Permit Finding 4: The use, as described and conditionally approved, will
not be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the City; and
Discussion (Finding 3 & 4): The extension of business hours will not be detrimental to health,
safety or the general welfare of the surrounding area based on the observations made in the staff
analysis above, including an analysis of the potential noise implications of allowing extended
hours of operation. The acoustical analysis indicates the gas station convenience market and
fueling area will not create noise exceeding Novato’s noise thresholds for the hours between 10
PM and 6 AM. In addition, the new car wash equipment will operate at a quieter level than the
existing car wash and will not exceed the ambient noise level in the project area during the hours
of 6 AM to 10 PM.
Use Permit Finding 5: The location, size, design, and operating characteristics of the
proposed use are compatible with the existing and future land uses in the vicinity.
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Discussion: Existing land uses in close proximity to the Shell station include auto related uses such
as gas stations, auto body repair, and a self-service carwash all located along Redwood Boulevard
that provide service for drivers on each side of Redwood Boulevard. There is a residential
neighborhood to the west of the Shell station. However, the Shell station is located an adequate
distance away from residential uses as stated in the staff analysis above. The noise generating,
after-hours operations will be entirely inside of the convenience market and, as reviewed above,
are not anticipated to generate noise leading to the disturbance of nearby residential uses. The
continued operation of the Shell gas station is considered to be compatible with future retail,
restaurant, residential, and service uses that may locate in the vicinity.
3. Design Review Findings
The Zoning Administrator’s decision regarding the Shell station proposal must be based on the
findings of approval required for design review actions specified in the Novato Municipal Code
Section 19.42.030 F. Analysis below lists each finding and discusses whether the project’s site
design, massing, and conceptual architecture conforms thereto.
Design Review Finding No. 1: The design, layout, size, architectural features and general
appearance of the proposed project is consistent with the general plan, and any applicable
specific plan and with the development standards, design guidelines and all
applicable provisions of this code, including this title and any approved master plan and
precise development plan.
General Plan Consistency
The revised site, landscape, and architectural plans proposed for the Shell gas station have been
reviewed to determine if the project is consistent with the land use policies of the 1996 Novato
General Plan. As discussed in the staff analysis above and conditioned below, the Shell station’s
site design, architecture, and landscaping are judged to be consistent with the General Plan
Community Identity Polices, 1, 7, 12, 15 and 32.
Novato Zoning Ordinance
The plans prepared for the Shell station have been reviewed to determine if the project complies
with the development standards of Novato Municipal Code Chapter 19, Zoning. The project, as
conditioned and as discussed in the staff analysis above, is found to comply with all applicable
requirements of the Novato Zoning Code, including Division 19.12, Non Residential Land Use
(setbacks, height, floor area ratio, and lot coverage), Division 19.20, Site Planning and General
Development Standards (mechanical equipment screening and solid waste and recyclable
materials storage); Division 19.21, Art Program, Division 19.28, Landscaping, and Division
19.30, Parking and Loading.
Design Review Finding No. 2: The proposed project would maintain and enhance the
community's character, provide for harmonious and orderly development, and create a
desirable environment for the occupants, neighbors, and visiting public.
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The proposed renovations for the project present an efficient site design, attractive landscaping,
and pleasing architecture, resulting in a project that is compatible with and complimentary to
surrounding commercial businesses. Likewise, the proposed project is designed for the intended
operation of drivers and customers, including sufficient on-site parking and efficient vehicle
ingress and egress. Collectively, the noted design elements will create a desirable environment for
employees, nearby businesses, and visiting public. As such, the proposed project is judged to
maintain and enhance the character of Novato, provide for harmonious and orderly development,
and create a desirable environment for the building's future occupants, neighboring businesses,
and the public.
Design Review Finding No. 3: The proposed development would not be detrimental to the
public health, safety, or welfare; is not materially injurious to the properties or
improvements in the vicinity; does not interfere with the use an enjoyment of neighboring
existing or future developments and does not create potential traffic, pedestrian or bicycle
hazards.
The proposed project has been reviewed by the applicable public agencies including the California
Regional Water Quality Control Board, Novato Fire District, and Novato Department of Public
Works. Comments received indicate that the proposed improvements will enhance public safety
by creating improved onsite site circulation and site ingress and egress. New stormwater control
improvements, as conditioned, will reduce the potential for pollutants in stormwater runoff. The
proposed building upgrade will improve the enjoyment by neighboring, existing, and future
developments. As discussed in the staff analysis above, no potential pedestrian, traffic, or bicycle
hazards are identified as a result of this project.
The Novato Municipal Code prescribes standards that were developed to maintain public health,
safety, and welfare, as well as prevent the diminishment of the enjoyment and use of existing and
future development, and avoid potential traffic, pedestrian, and bicycle hazards. Accordingly, a
project found to comply with the requirements of the Novato Municipal Code is judged to not be:
a) detrimental to the public health, safety, or welfare; b) materially injurious to the properties or
improvements in the vicinity; c) interfere with the use and enjoyment of neighboring existing or
future developments; and d) does not create potential traffic, pedestrian or bicycle hazards. As
discussed herein, the location, organization, site design, architecture, and landscaping proposed
for Shell station, convenience market and carwash, as conditioned, meets all applicable
requirements of the Novato Municipal Code.
CONDITIONS OF APPROVAL
The following conditions of approval shall be met to the satisfaction of the Novato Planning
Division:
1.
Design Review shall expire two (2) years from the date of approval unless a building
permit has been issued and remains valid.
Sr15027;05/04/15
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2.
This Use Permit approval shall expire two (2) years from the date of approval unless
the activity authorized therein has commenced operation.
3.
The carwash shall only be operated during normal business hours 6:00 a.m. – 10:00
p.m.
4.
No deviation from approved plans, including color changes or substitution of materials.
Shell be made without City approval. Minor alteration shall be considered by Planning
Division staff. Significant design alterations shall be returned to the Design Review
Commission for consideration.
5.
The approval granted herein shall not become effective until all appropriate fees billed
by the City of Novato to the application account are paid in full in accordance with the
City’s cost Base Fee System. Failure to pay said fees may results in the City
withholding issuance of related building permit, certificate of occupancy, recordation
of final maps or other entitlements.
6.
All grading and construction activities shall comply with the noise and construction
hours specified in section 19.22.070 of the Novato Zoning Ordinance.
7.
The applicant shall comply with the procedures and requirements of Novato Municipal
Code Division 19.21, Art Program, by payment of a fee in-lieu of providing art with
the proposed project. Compliance with the provisions of the Art Program shall be
achieved prior to issuance of a building permit for the proposed project.
8.
The signs shown on the plans prepared for the Shell station prepared by MI Architects,
are not approved as part of this Design Review action. A separate sign permit shall be
required for each sign consistent with the requirements of the Novato Municipal Code
Division 19.32, Signs.
9.
The main tower element on the convenience market must substantially conform to the
hip roof design sketch presented by Commissioner MacLeamy at the January 6, 2016
Design Review Commission meeting.
10.
The applicant is encouraged to provide recycling receptacles wherever trash cans are
placed at the project site.
The following conditions must be met to the satisfaction of the City of Novato Public Works
Department:
General:
11.
Applicant shall design and construct all necessary and required improvements and
facilities in accordance with Chapter V – Development Standards of the Novato
Municipal Code (NMC), unless specific design exceptions have been approved.
Sr15027;05/04/15
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Approval of a site plan depicting improvements that do not conform to the NMC does
not constitute approval of a design exception, unless explicitly stated herein.
12.
Applicant shall be responsible for all City plan check and inspection costs. The
Applicant shall enter into a Cost Recovery Agreement and deposit funds with the City
upon the initiation of plan check services. The amount of the initial deposit shall be
determined by the City Engineer. Additional funds may be required based upon actual
plan check and inspection costs.
Improvement Conditions:
13.
Applicant shall submit for review and approval civil Improvement Plans prepared by a
California Registered Civil Engineer for all necessary and required on-site and off-site
public and private improvements. Improvement Plans must be approved by the City
Engineer prior to any on-site or off-site construction including grading. The
Improvement Plans shall identify the location of existing and proposed utilities, above
and below ground, including water, sanitary sewer, storm sewer, telephone, cable
television, electricity, natural gas, transformers, vaults and meters
14.
All existing and proposed electrical and communications lines, service cabinets, and
devices shall be placed underground at the Applicant’s expense. All pull boxes,
junction structures, service cabinets, vaults, valves and similar devices shall be installed
behind the back edge of walkways or within a public utility easement, at locations
approved by the City Engineer. If any utility appurtenances are permitted to be above
ground, such as vaults and boxes, they shall be painted a color approved by the City.
New improvements within existing and proposed utility easements shall be approved
by the appropriate utility company
15.
Unless otherwise explicitly permitted, all existing wells, septic tanks and/or
underground fuel storage tanks shall be abandoned or removed under permit and
inspection of Marin County Department of Environmental Health Services or other
designated agency. If there are none, the project engineer shall provide a letter
describing the scope of the search done to make this determination. This condition
shall be satisfied prior to approval of the Improvement Plans.
16.
A detailed Soils Investigation/Geotechnical Report shall be prepared and submitted for
review with the initial submittal of the Improvement Plans. The report shall address,
at a minimum, potential for liquefaction, R-values, expansive soils and seismic risk.
The improvement plans shall incorporate all design and construction criteria
recommended in the Geotechnical Report. Prior to City approval of the Improvement
Plans, the geotechnical engineer shall sign the cover of the Improvement Plans to
confirm that the plans are in conformance with their recommendations.
a. If at any time, prior to final acceptance of the project improvements, the City
Engineer requests an independent geotechnical investigation and report, then an
Sr15027;05/04/15
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independent geotechnical engineer, shall be retained by the City at the applicant’s
expense, to conduct requested investigations.
17.
Applicant shall submit for review and approval a Stormwater Control Plan (SWCP)
prepared in accordance with the current Bay Area Stormwater Management Agencies
Association (BASMAA) Post Construction Manual. Site improvements shall
incorporate Low Impact Design (LID) principles and permanent storm water pollution
post-construction stormwater BMPs. The SCWP shall be submitted for review with
the initial submittal of the Improvement Plans. Note that the preliminary SWCP
submitted with the application was not considered complete or approved. It was,
however, acceptable conceptually.
18.
Prior to the approval of the Improvement Plans and prior to the issuance of any grading
permit, the applicant shall submit a construction work plan for soil and groundwater
testing and disposal to prepare for the possibility of encountering residual
contamination on the site. The construction work plan shall be approved by the
Regional Water Quality Control Board.
19.
Prior to the approval of the Improvement Plans and prior to the issuance of any grading
permit, the applicant shall obtain all necessary permits, approvals and/or clearances
from other regulatory agencies with jurisdiction over the project. Proof of approval
and/or clearances shall be submitted to the City prior to approval of the improvement
plans. A complete set of improvement plans shall be submitted to all agencies,
districts, and utilities affected by, or providing service to the development, for review
and comment.
20.
Applicant shall obtain signatures from representatives of the Novato Fire District,
North Marin Water District and the Novato Sanitary District on the final Improvement
Plans acknowledging their review of those plans prior to City approval.
21.
The existing driveway aprons along all frontages shall be reconstructed to meet current
City standards and ADA requirements including a 4-foot wide sidewalk at 1.5%
maximum cross-slope.
22.
The driveways along Redwood Boulevard shall be marked and signed to limit vehicle
exiting movements to right-turn only.
23.
The design and construction of all new pedestrian walkways and handicap ramps shall
meet current ADA standards.
24.
Landscape plans shall be submitted with the improvement plans and shall meet the
requirements of site distance to the satisfaction of the City Engineer.
25.
All outside refuse enclosures facilities shall be designed to be fully enclosed with a roof
meeting Marin County’s storm water pollution prevention best management practices,
and shall be graded to prevent stormwater from flowing into the enclosure area.
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26.
Stenciling shall be provided on curb inlets to prohibit dumping of pollutants. The
stencil shall be noted in the improvement plans.
Construction Storm Water Pollution Prevention:
27.
Consistent with the requirements of the statewide Construction General Permit, the
project applicant shall prepare and implement a Storm Water Pollution Prevention Plan
(SWPPP) designed to reduce potential adverse impacts to surface water quality through
the project construction period. The SWPPP shall prepared by a Qualified SWPPP
Developer. The SWPPP shall include the minimum Best Management Practices
(BMPs) required, based on final determination of the project’s Risk Level status.
28.
BMP implementation shall be consistent with the requirements in the most recent
version of the California Stormwater Quality Association Stormwater Best
Management Handbook-Construction or the Caltrans Storm Water Quality Handbook
Construction Site BMPs Manual.
29.
Applicant shall submit a copy their SWPPP and Notice of Intent for coverage under the
State Water Resources Control Board’s General Construction Permit for Stormwater
Discharges Associated with Construction and Land Disturbance Activities (Order
2009-0009-DWQ) prior to approval of the Improvement Plans.
30.
A Qualified SWPPP Practitioner shall be responsible for implementing the BMPs at
the site and performing all required monitoring and inspection/maintenance/repair
activities. The project applicant shall also prepare a Rain Event Action Plan (if required
based on the determined risk level) as part of the SWPPP.
Construction:
31.
Construction activities shall be limited to the days and hours stipulated in Novato
Municipal Code 19.22.070B. City established inspection hours are Monday through
Thursdays, and alternating Fridays from 7 a.m. until 4 p.m. except on City recognized
holidays. Applicant shall be responsible for the City’s additional cost to provide
inspection during times not established as regular City inspection hours.
32.
A City of Novato Encroachment Permit shall be obtained prior to any grading,
trenching, pavement, construction of improvements or any other work in the public
right-of-way.
33.
If any hazardous waste is encountered during the construction of this project, all work
shall be immediately stopped and the Marin County Environmental Health Service
Department, the Novato Fire Protection District, and the City Inspector shall be notified
immediately. Work shall not proceed until clearance has been issued by all of these
agencies.
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34.
Upon completion of the project and prior to acknowledgment of completion, all storm
drains 12" and larger, that are installed with this project shall be professionally televised
and a video of the recording delivered to the City Engineer for review. The video shall
indicate the pipe being televised, indicate station points along each pipe, and shall have
the bottom of the pipe at the bottom of the monitor when viewed. The televised speed
shall be slow enough to enable viewers to ascertain the pipe condition and the speed
shall be reduced or paused as necessary at sags, gaps, obstructions and damaged areas
of the pipe. Prior to acknowledgment of completion of the project, pipe damage and
obstructions shall be repaired to the satisfaction of the City Engineer.
35.
During construction, the Applicant’s contractor shall provide dust control seven (7)
days a week, twenty-four (24) hours a day and this provision shall be noted on the
plans.
36.
The following shall be added to the general notes on the civil plans, “All roads used
within the City of Novato during construction shall be cleaned daily, or more often as
required by the City Engineer, of all dirt and debris spilled or tracked onto the City
streets, or private driveways.”
37.
Utilities to be abandoned shall be removed, filled with suitable material and/or capped
to the approval of the applicable utility agency and to the approval of the City Engineer.
38.
Upon completion of the building and site improvements, the Applicant shall clean,
repair, or reconstruct the curb, gutter, and sidewalk along the entire frontage of the
developed property as may be required by the City Engineer to conform to the City
standards prior to receiving an occupancy permit for the building.
Occupancy:
39.
Prior to occupancy, a final grading observation report, prepared by the project
geotechnical engineer, shall be submitted stating that all work was accomplished in
accordance with the recommendations of the project geotechnical engineer.
40.
Prior to occupancy, the Applicant shall submit to the City Engineer for review and
approval a draft Operations and Maintenance Plan for the ongoing maintenance,
inspection and reporting of the permanent stormwater treatment facilities.
41.
Prior to occupancy, the Applicant shall record the final approved Operations and
Maintenance Plan for the ongoing maintenance of the permanent stormwater treatment
facilities.
The following conditions must be met to the satisfaction of the Novato Fire Protection
District:
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42.
Automatic fire sprinklers are required per NFPA Std. 13. Plans and calculations shall
be submitted under permit with the NFPD for review and approval. Automatic
sprinklers are requires for both the convenience store and carwash tunnel.
43.
Fire hydrants shall be capable of flowing 1,500 GPM, spotted by the Fire Marshal, and
spaced not to exceed 300 feet. New fire hydrant shall be spotted by the fire marshal and
installed prior to combustible construction.
44.
All fire sprinkler alarms and valves shall be monitored and zones by an approved UL
Central Station conforming to NFD Standard #400.
45.
A serially numbered UL certificate shall be issued by the approved monitoring
company on the alarm monitoring system.
46.
Fire hydrants shall have at least two 2 ½" and one 4 ½" inch outlet.
47.
"No Parking Fire Lane" signs and curb markings shall be installed conforming to NFD
Standard #204.
48.
Knox key access shall be installed conforming to NFD Standard #202.
49.
The address shall be installed conforming to NFD Standard #205.
50.
NFPA placards conforming to NFD Standard #309 shall be installed.
51.
NFD fire Code permits required for underground fuel tank removal and installation.
52.
NFD permit required for operating a fuel dispensing station.
The following conditions must be met to the satisfaction of the North Marin Water District:
53.
The project must conform to District Regulation 15- Mandatory Water Conservation
Measures. Occupancy approval shall not be granted until compliance with water
conservation measures, as applicable, can be verified.
54.
Installation of an above-ground, reduced pressure principle (RPP) backflow prevention
device at the meter is required in accordance with the district’s regulation 6 and
California Department of Health Regulations. Upon installation, an inspection report
must be completed and returned to the District prior to the commencement of business
activities.
55.
Indemnity and Time Limitations
a. The applicant shall defend, indemnify and hold harmless the City, its agents,
officers, attorneys and employees from any claim, action, or proceeding brought
Sr15027;05/04/15
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against the City or its agents, officers, attorneys, or employees, to attack set aside,
void or annul the City’s decision to approve the applications and associated
environmental determination at issue herein. This indemnification shall include
damages or fees awarded against the City, if any, cost of suit, attorney’s fees, and
other costs and expenses incurred in connection with such action whether incurred
by the applicant, the City, and/or parties initiating or bringing such action.
b. The applicant shall defend, indemnify and hold harmless the City, its agents,
officers, employees, and attorneys for all costs incurred in additional investigation
(such as the environmental determination at issue herein or any subsequently
required Environmental Document), if made necessary by said legal action and if
the applicant desires to pursue securing such approvals, after initiation of such
litigation, which are conditioned on the approval of such documents, in a form and
under conditions approved by the City Attorney.
c. The applicant indemnifies the City for all the City’s costs, fees, and damages which
the City incurs in enforcing the above indemnification provisions.
d. Unless a shorter period applies, the time within which judicial review of this
decision must be sought is governed by California Code of Civil Procedure, Section
1094.6.
e. The Conditions of Project Approval set forth herein include certain fees, dedication
requirements, reservation requirements, and other exactions.
Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice
of a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. The applicant is hereby further notified that the
90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a),
has begun. If the applicant fails to file a protest within this 90-day period
complying with all of the requirements of Section 66020, the applicant will be
legally barred from later challenging such exactions.
FURTHER ACTION
No further action on the Use Permit and Design Review applications will be taken unless an
appeal is filed in writing within ten calendar days along with the required filing fee.
ATTACHMENTS
1. Hip roof design sketch presented by Commissioner MacLeamy at the January 6, 2016
Design Review Commission meeting.
2. Revised Site, Architectural, Landscape Plans, and Photometric Plan Package dated 9/30/14
3. August 19, 2015- Workshop Minutes and Staff Report
4. January 6, 2016- DRC Minutes and Staff Report
5. Acoustical Study
Sr15027;05/04/15
21
RECEIVED PLANS
Matt Gilster 11/24/2015
PLANITING LEGEND
SYMBOL
BOTANICAL NAME
COMMON NAME
H2O
SIZE
NO
PARKING
M I Architects, Inc.
1
SHELL GAS STATION
CONVENIENCE STORE & CARWASH
7473 REDWOOD BLVD.
NOVATO, CA 94945
PLANITING NOTES
LANDSCAPE PLAN
VICINITY MAP
PROJECT SITE
APN # 141-244-16
Ciardella
associates
Landscape Architecture
Urban Design
640 Menlo Ave, Suite 10
Menlo Park, CA 94025
Tel 650 326 6100
F 650 323 6706
ca@ciardella-assoc.com
9-11-15
LA1
PRELIMINARY PLAN
DRAFT - NOT FOR CONSTRUCTION
LEGEND:
9" FULL DEPTH AC PLUG
HEAVY DUTY PCC (6" PCC MIN 3,000 PSI / 6" CL 2 AB
REINFORCED WITH #4 REBAR @ 18" O.C. EA
WAY.)TOP 12" SUBGRADE COMPACTED TO 95%
RELATIVE COMPACTION
LIGHT DUTY PCC - SEE ARCHITECTURAL PLANS
LANDSCAPING - SEE LANDSCAPE PLANS
1
1
OVERLAND RELEASE FLOW
SURFACE FLOW DIRECTION
8
D1
RETENTION PLANTER UNDERDRAIN
11
1.
ALL STORM DRAINAGE PIPE INSTALLED IN THE PUBLIC RIGHT OF WAY SHALL BE MINIMUM
15 INCH DIAMETER CLASS III REINFORCED CONCRETE PIPE (RCP) PER CALTRANS
STANDARD SPECIFICATIONS.
CAST-IN-PLACE (CIP) CONCRETE PIPE SHALL BE IN
CONFORMANCE WITH CALTRANS STANDARD SPECIFICATIONS. ALL STORM DRAINAGE
PIPE INSTALLED ON PRIVATE PROPERTY FOR 6 INCH DIAMETER AND LARGER SHALL BE
POLYVINYL CHLORIDE (PVC) PIPE SDR 35 AND SHALL COMPLY WITH ANSI/ASTM D 3034-78
STANDARDS. ALL STORM DRAINAGE PIPE INSTALLED ON PRIVATE PROPERTY FOR 4 INCH
DIAMETER AND SMALLER SHALL BE POLYVINYL CHLORIDE (PVC) PIPE SCHEDULE 40.
2.
ASBESTOS CEMENT PIPE (ACP) SHALL NOT BE ALLOWED UNDER ANY CIRCUMSTANCES.
3.
TRENCHING AND BACKFILL SHALL COMPLY WITH MARIN COUNTY STANDARDS.
CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE SAFETY STANDARDS FOR TRENCH
SAFETY. ALL PIPES SHALL BE BACKFILLED WITH CLASS 2 AGGREGATE BASE.
4.
ADJUST ALL VALVE COVERS, MANHOLE RIMS, AND UTILITY COVERS, TO FINISHED GRADE
WITHIN THE LIMITS OF WORK AS REQUIRED.
5.
SEE ARCHITECTURAL PLANS AND PROJECT SPECIFICATIONS FOR PCC COLORING
REQUIREMENTS AND JOINT SCORING REQUIREMENTS. PCC JOINTS SHALL BE PROVIDED
AT DRIVEWAY CENTERLINES AND AT GRADE BREAKS. JOINS SHALL CREATE SLABS
APPROXIMATELY 8 TO 10 FEET SQUARE.
6.
SEE ARCHITECTURAL PLANS FOR HORIZONTAL CONTROL, SIGNING & STRIPING PLANS.
7.
ALL DRAIN INLETS TO BE STENCILED TO PROHIBIT DUMPING OF POLLUTANTS.
5
11
PROPOSED
CARWASH
EQUIPMENT
4
D9
7
6
D2
D2
4
8
D4
D5
D6
PARCEL ONE
17,906 sq.ft. (GROSS) 0.4111
acres (GROSS) 17,813 sq.ft.
(NET) 0.4089 acres (NET)
4
REDWOOD BOULEVARD
1
NO
PARKING
PROPOSED CARWASH TUNNEL
D7
D1
D4
5
D5
D6
PROPOSED
CONVENIENCE STORE
6
D7
D4
3
GRADING CONSTRUCTION NOTES:
1
SAWCUT EXISTING PAVEMENT AND CONFORM PROPOSED PAVING TO EXISTING GRADE.
2
CONSTRUCT PLANTER CURB PER DETAILS ON ARCHITECTURAL PLANS.
3
CONSTRUCT CURB WITH SIDEWALK PER DETAILS ON ARCHITECTURAL PLANS.
4
CONSTRUCT ACCESSIBLE CURB RAMP PER DETAILS ON ARCHITECTURAL PLANS.
5
CONSTRUCT CONCRETE CURB & GUTTER.
6
CONSTRUCT 24" REINFORCED PCC VALLEY GUTTER.
7
SEE ARCHITECTURAL PLANS FOR MISC. DETAILS INCLUDING TRASH ENCLOSURE WITH
SOLID METAL ROOF, BIKE RACK, BOLLARDS, LIGHTING, GAS LINES, UNDERGROUND TANK
VENT RELOCATION, TRANSFORMER AND TRANSFORMER PAD, ETC.
8
CONSTRUCT NEW DRIVEWAY PER MARIN COUNTY STD DWG NO. 115.
9
SEE PLANS BY OTHERS FOR DETAILS OF CONCRETE SLAB OVER THE EXISTING
UNDERGROUND STORAGE TANKS.
10
RECONSTRUCT SIDEWALK, CURB AND GUTTER PER CITY STANDARDS.
11
CONSTRUCT 2' CURB OPENING.
D5
D6
STORM DRAIN CONSTRUCTION NOTES:
11
D1
INSTALL 24"Ø NYLOPLAST DRAINAGE BASIN WITH 12" DOME GRATE (OR APPROVED EQUAL).
D2
INSTALL 12"Ø NYLOPLAST DRAINAGE BASIN, H20 RATED (OR APPROVED EQUAL).
D3
INSTALL 24"X 24" JENSEN PRECAST JUNCTION BOX WITH SOLID RIM (OR APPROVED EQUAL).
CONNECT TRENCH DRAIN TO JUNCTION BOX WITH 6" HDPE @ S=2.0% MIN.
D4
CONNECT ROOF DRAIN LEADERS FROM FUELING CANOPY TO 6" STORM DRAIN. SEE
BUILDING PLANS FOR DETAILS OF ROOF LEADERS THROUGH COLUMNS.
D5
INSTALL 6" WYE WITH CLEANOUT TO GRADE.
D6
INSTALL 6" WYE.
D7
INSTALL ROOF DRAIN BUBBLER.
D8
INSTALL CONTECH STORMFILTER 1 CARTRIDGE CATCHBASIN.
D9
REMOVE AND RESET EXISTING DI.
D9
D4
2
D5
D6
3
D7
5
X
X
8
D8
PARCEL TWO
6,201 sq.ft. 0.1423 acres
X
6
TOTAL PARCEL AREA
24,107 sq.ft. (GROSS) 0.5534 acres
(GROSS) 24,013 sq.ft. (NET) 0.5513
acres (NET)
1
X
8
Know what's below.
Call before you dig.
41805ALBRAESTREET,
2NDFLOOR
FREMONT,CA94538
CONTACT:NICKGOYAL
PH:(510)657-9150
9
7473 REDWOOD BLVD.
NOVATO, CA 94945
2
AUENERGY,LLC
2
2260 Douglas Blvd
, Suite 160, Roseville, C
A 95661
Ph: 916-772-7800 Fax: 916-772-7804
www.RFEengineering.com
GRADING & DRAINAGE NOTES:
6
SHELL STATION
10
GRADING, DRAINAGE
& PAVING PLAN
OLIVE AVENUE
C1
or (800) 227-2600
2
11-10-2015
PRELIMINARY PLAN
DRAFT - NOT FOR CONSTRUCTION
LEGEND
DRAINAGE AREA
DESIGNATIONS AND AREA
A-01
0.472 Ac.
OLIVE AVENUE
8
DRAINAGE AREA BOUNDARY
OVERLAND RELEASE
DIRECTION OF FLOW
BIORETENTION 1
520 sf
D1
Know what's below.
LANDSCAPING
RETENTION PLANTER
UNDERDRAIN
Call before you dig.
or (800) 227-2600
SITE DESIGN BMP'S:
1.
MAINTAIN PRE-DEVELOPMENT RAINFALL CHARACTERISTICS. POST-CONSTRUCTION
FLOWS SHALL NOT EXCEED PRE-CONSTRUCTION FLOWS.
SOURCE CONTROL BMP'S:
1.
2.
3.
4.
5.
6.
7.
8.
9.
D2
D4
D5
PARCEL ONE
17,906 sq.ft. (GROSS) 0.4111
acres (GROSS) 17,813 sq.ft.
(NET) 0.4089 acres (NET)
D4
D1
BIORETENTION 2
360 sf
D5
STORM DRAIN CONSTRUCTION NOTES:
D1
INSTALL 24"Ø NYLOPLAST DRAINAGE BASIN WITH 12" DOME GRATE (OR APPROVED EQUAL).
D2
INSTALL 12"Ø NYLOPLAST DRAINAGE BASIN, H20 RATED (OR APPROVED EQUAL).
D3
INSTALL 24"X 24" JENSEN PRECAST JUNCTION BOX WITH SOLID RIM (OR APPROVED EQUAL).
CONNECT TRENCH DRAIN TO JUNCTION BOX WITH 6" HDPE @ S=2.0% MIN.
D4
CONNECT ROOF DRAIN LEADERS FROM FUELING CANOPY TO 6" STORM DRAIN. SEE
BUILDING PLANS FOR DETAILS OF ROOF LEADERS THROUGH COLUMNS.
D5
INSTALL 6" WYE WITH CLEANOUT TO GRADE.
D6
INSTALL 6" WYE.
D7
INSTALL ROOF DRAIN BUBBLER.
DMA-2
D8
INSTALL CONTECH STORMFILTER 1 CARTRIDGE CATCHBASIN.
8,055 sf
0.185 Ac.
D9
REMOVE AND RESET EXISTING DI.
D7
D5
D6
2
DMA-3
2,271 sf
0.052 Ac.
D4
D9
D5
D6
D8
D7
PARCEL TWO
6,201 sq.ft. 0.1423 acres
X
X
X
X
TOTAL PARCEL AREA
24,107 sq.ft. (GROSS) 0.5534 acres
(GROSS) 24,013 sq.ft. (NET) 0.5513
acres (NET)
STORMWATER POLLUTION
PREVENTION PLAN
D4
41805ALBRAESTREET,
2NDFLOOR
FREMONT,CA94538
CONTACT:NICKGOYAL
PH:(510)657-9150
PROPOSED
CONVENIENCE STORE
D6
GAS STATION OR EQUIPMENT FUELING FACILITIES:
ALL NEW FUELING STATIONS OR EXPANSION OF SUCH USES SHOULD INCLUDE THE FOLLOWING BMPS:
1. INSTALL AND MAINTAIN A TREATMENT CONTROL MEASURE
2. PAVE THE FUELING AREA FLOORS WITH AN IMPERMEABLE SURFACE (I.E., PORTLAND CEMENT CONCRETE OR
EQUIVALENT SMOOTH IMPERVIOUS SURFACE).
3. COVER THE FUELING AREAS WITH A CANOPY OR COVER THAT EXTENDS A MINIMUM OF TEN FEET IN EACH
DIRECTION FROM EACH PUMP. ALTERNATIVELY, COVER THE FUELING AREAS WITH A CANOPY OR COVER
THAT HAS MINIMUM DIMENSIONS EQUAL TO OR GREATER THAN THE AREA WITH THE GRADE BREAK OR FUEL
DISPENSING AREA. (THE FUEL DISPENSING AREA IS DEFINED AS THE AREA EXTENDING A MINIMUM OR 6.5
FEET FROM THE CORNER OF EACH FUEL DISPENSER OR THE LENGTH AT WHICH THE HOSE AND NOZZLE
ASSEMBLY MAY BE OPERATED PLUS A MINIMUM OF ONE FOOT, WHICHEVER IS GREATER. IN NO CASE
SHOULD THE CANOPY OR COVER DRAIN ONTO THE FUELING AREA.)
4. GRADE THE FUEL AREA TO PREVENT WATER DRAINING TOWARD THE FUELING AREA.
5. GRADE THE FUEL AREA WITH THE MINIMUM SLOPE NECESSARY TO PREVENT PONDING.
6. SEPARATE THE FUELING AREA FROM THE REST OF THE SITE BY A GRADE BREAK THAT PREVENTS RUN-ON
OF STORM WATER TO THE MAXIMUM EXTENT PRACTICABLE.
7. DRY SWEEP THE FUELING AREA ROUTINELY.
8. STENCIL ALL ON-SITE STORM DRAINS IN CONFORMANCE WITH THE CITY'S REQUIREMENTS.
9. PREPARE A SPILL CLEANUP PLAN IN CONFORMANCE WITH THE CITY OF NOVATO STANDARDS.
7473 REDWOOD BLVD.
NOVATO, CA 94945
D6
MINIMUM TCMS AND BMPS FOR LAND USE OF CONCERN:
2260 Douglas Blvd
, Suite 160, Roseville, C
A 95661
Ph: 916-772-7800 Fax: 916-772-7804
www.RFEengineering.com
REDWOOD BOULEVARD
11,636 sf
0.267 ac.
AUENERGY,LLC
DMA-1
NO
PARKING
PROPOSED CARWASH TUNNEL
D7
D2
SHELL STATION
PROPOSED
CARWASH
EQUIPMENT
D9
OUTDOOR MATERIAL STORAGE AREAS
TRASH STORAGE AREAS
OUTDOOR PROCESSING AREAS
PROVIDE STORMWATER CONVEYANCE STENCILING
IRRIGATION
VEHICLE WASH AREAS
FUELING AREAS
PARKING AREAS
PLANTER BUFFERS AT LANDSCAPE STRIPS
C2
2
11-10-2015
Design Review Commission Meeting
Location: Novato City Hall, 901 Sherman Avenue
August 19, 2015
MINUTES
922 Machin Ave
Novato, CA 94945
415/899-8900
FAX 415/899-8213
Present:
Joseph Farrell, Chair
Beth Radovanovich, Vice Chair
Marshall Balfe
Michael Barber
Absent:
Patrick MacLeamy
Staff:
Hans Grunt, Senior Planner
Matt Gilster, Planner I
www.novato.org
Mayor
Jeanne MacLeamy
Mayor Pro Tem
Pat Eklund
Councilmembers
Denise Athas
Madeline Kellner
Eric Lucan
CALL TO ORDER / ROLL CALL:
City Manager
Michael S. Frank
The meeting was called to order.
APPROVAL OF FINAL AGENDA:
The agenda was approved without changes. M/s: Balfe/Radovanovich; passed 40-1
PUBLIC COMMENT: None
CONSENT CALENDAR: None
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PUBLIC HEARING: None
CONTINUED ITEMS: None
NEW ITEMS: None
PROJECT DESIGN WORKSHOP:
1.
SHELL GAS STATION AND CONVENIENCE STORE REMODEL
P2015-039; DESIGN REVIEW
APN 141-244-16; 7473 REDWOOD BOULEVARD
Conduct a public workshop to review the site design, circulation, and general architecture
proposed for a remodeled Shell gas station, drive through carwash, and convenience market
located at 7473 Redwood Boulevard.
Planner 1 Matt Gilster presented the project proposal and gave an overview of the applicable city
processes and design considerations. He then introduced the applicant, Muthana Ibrahim of MI
Architects to the Design Review Commission.
The applicant gave a power point presentation to the commission outlining the project site design,
architecture, and landscaping.
Public Comments: Three members of the public spoke to the item. The comments focused on site
and building design (proposed convince market tower on the north end of the building facing olive
Avenue being too massive, driveway access to Olive Avenue being too cramped, and parking
concerns), redwood tree replacement, and concerns regarding the potential for noise.
Summary of Commission Comments:
Commissioner Radovanovich
 Interested in replacing four (4) redwood trees on site that are proposed to be removed.
Commissioner noted that Redwood Boulevard is named after redwoods for a reason.
 Concern with congestion of the Olive Avenue intersection being exacerbated with the
carwash exit taking shared egress with the northern driveway.
 Questions the need for the proposed second convenience market tower element that faces
Olive Avenue due to its height and lack of signage. The commissioner pointed out the
tower could be a target for graffiti.
Commissioner Balfe
 Concerns with the placement of replacement redwood trees in limited space on the
property. Commented that redwoods can cause unwanted property damage and visibility
issues.
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 Questioned if corporate colors on the fuel canopy could be reduced. Noted that the facility
will serve locals that are aware of the stations existence and corporate marketing should
not be a priority for this gas station.
 Feels that the two parking spaces along the south property line should be eliminated to
improve site circulation and add to landscaping.
Commissioner Barber
 Possibility of minimizing cooperate colors on the fuel canopy and to make to canopy colors
more consistent with the convince market sign.
 Modify the convince market tower facing Olive Avenue to be lower and consistent with
the surrounding roof style.
 Suggested extending the roof parapet of the convenience market around the rear of the
building and above the car wash to maintain a continuous parapet around the entire building
in order to screen roof equipment.
 Suggested shifting the proposed driveway onto Olive Avenue approximately 5 feet to the
west to address concerns about onsite circulation and traffic onto Olive Avenue.
 Reintroduce redwood trees if feasible but overall happy with the rest of the landscaping
selections.
Commissioner Farrell
 Agrees with comments on the northern convenience market tower as being too massive.
 Agrees with improving site circulation by eliminating southern parallel parking stalls.
 Overall supportive of site features including colors, materials, and roofing.
Applicant Response:
 Project applicant Muthana Ibrahim agreed that the two (2) southern parallel parking spaces
may be able to be eliminated and noted that he would work with staff to make sure that the
required parking would still be met if they were eliminated.
 The applicant offered to perform an acoustical study on the car wash to ensure compliance
with Novato Zoning Ordinance and to ensure that the new equipment will reduce overall
noise generated by the facility.
 The applicant also offered to replace a redwood tree on the landscaped corner of Olive
Avenue and Redwood Boulevard and noted that he would look at possible redwood tree
replacements along the southern end of the property.
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GENERAL BUSINESS: None
ADJOURNMENT: The meeting was adjourned at 8:45 p.m.
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Design Review Commission Meeting
Location: Novato City Hall, 901 Sherman Avenue
January 6, 2016
922 Machin Ave
Novato, CA 94945
415/899-8900
FAX 415/899-8213
MINUTES
Present:
Marshall Balfe, Vice Chair
Michael Barber
Joe Farrell
Patrick MacLeamy
Absent:
Beth Radovanovich, Chair
Staff:
Hans Grunt, Senior Planner
Brian Keefer, Planner II
Matt Gilster, Planner I
www.novato.org
Mayor
Pat Eklund
Mayor Pro Tem
Denise Athas
Councilmembers
Pam Drew
Josh Fryday
Eric Lucan
Interim City Manager
Cathy Capriola
CALL TO ORDER / ROLL CALL:
The meeting was called to order. 7:05p.m.
APPROVAL OF FINAL AGENDA:
M/s: Farrell/MacLeamy: 4-0-1
PUBLIC COMMENT: None
CONSENT CALENDAR: None
PUBLIC HEARING: None
CONTINUED ITEMS: None
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NEW ITEMS:
1.
SHELL GAS STATION REMODEL (MG)
P2015-039; DESIGN REVIEW
APN 141-244-16, 7473 REDWOOD BOULEVARD
Conduct a public hearing to consider final site design, architecture, and landscape plans proposed
for a complete remodel of the Shell gas station, drive through carwash, and convenience market
located at 7473 Redwood Blvd. It has been determined that the proposed project is exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15302,
replacement or reconstruction.
Planner 1 Matt Gilster presented the project proposal and gave an overview of the previous design
review workshop and revised project plans.
The applicant Muntnthana Ibarium gave a short presentation describing the revisions made in
response to comments by the commission at the August 19th, 2015 Design Review workshop.
Revisions included relocating the driveway onto Olive Avenue for better egress onto the site and
the addition of a Redwood Tree to replace the removal of Redwood form the site.
Public Comments: Business owner across the street, (Randall Brothers), voiced his approval of the
project and that he had no problems with the renovation.
Commissioner Barber asked the applicant to describe the findings made by the acoustical study
and to clarify how the new equipment will produce lower noise than the existing ambient noise
levels caused by traffic on Olive Avenue.
Acoustical engineer Mike Carr explained the process of the acoustical study, explaining that
existing ambient noise levels of 79 Dba were collected on site and that predictions of noise levels
from the proposed carwash were supported by noise level specifications from the equipment
manufacturer. The study reviewed the potential noise generator for consistency with the City of
Novato exterior noise level criteria, and concluded that the proposed facility will operate within
the parameters of the City of Novato exterior noise level criteria by being quieter than the
existing ambient noise level of 79 Dba.
Commissioner Balfe inquired whether or not a fence was going to be constructed that would
separate the carwash from the residential areas to the west or any other potential ways to mitigate
noise impacts to the surrounding neighborhood.
The applicant responded that there were no plans to replace the existing fence that borders the
property and reaffirmed that the new facility will be quieter than the existing facility.
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Commissioner Farrell voiced his approval with the applicant’s attentiveness and overall
architectural design.
Commissioner MacLeamy presented an alternate roof design for the convenience market that
included a hipped roof with a more subtle appearance. The alternate design was accepted by the
commissioners and the applicant and was included as a condition of approval (condition #52).
Motion/second, Farrell/ MacLeamy, Ayes 4 (Farrell, MacLeamy, Balfe, Barber), to recommend
approval of the revised site design, architecture, and landscaping plans proposed for the Shell gas
station located at 7473 Redwood Boulevard, APN 141-244-16 pursuant to the plans received on
11/24/15, dated 9/30/14, based on the findings and subject to the conditions of approval listed
below:
1. CEQA Finding
The proposal is exempt from the Requirements of the California Environmental Quality Act
(CEQA), pursuant to CEQA Guidelines Sections 15301.
The project is categorically exempt from the requirements of the California Environmental Quality
Act (CEQA) and the City of Novato Environmental Review Guidelines pursuant to CEQA
Guidelines Section 15302, Replacement or Reconstruction. CEQA Guidelines Section 15302
exempts projects involving replacement of a commercial structure with a new structure of
substantially the same size, purpose, and capacity. The proposed project will not result in a
substantial increase or intensify the existing uses on site. The proposed project meets the criteria
of the CEQA Guidelines Section 15302 and is categorically exempt from CEQA.
2. Design Review Findings
The DRC’s decision regarding the Shell station proposal must be based on the findings of approval
required for design review actions specified in the Novato Municipal Code Section 19.42.030 F.
To assist the DRC in making its decision, the analysis below lists each finding and discusses
whether the project’s site design, massing, and conceptual architecture conforms thereto.
Design Review Finding No. 1: The design, layout, size, architectural features and general
appearance of the proposed project is consistent with the general plan, and any applicable
specific plan and with the development standards, design guidelines and all applicable
provisions of this code, including this title and any approved master plan and precise
development plan.
General Plan Consistency
The revised site, landscape, and architectural plans proposed for the Shell gas station have
been reviewed to determine if the project is consistent with the land use policies of the
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1996 Novato General Plan. As conditioned below, the Shell station site is judged to be
consistent with the General Plan Community Identity Polices, 1, 7, 12, 15 and 32, based
on the observations made in the staff analysis above.
Novato Zoning Ordinance
The plans prepared for the Shell station have been reviewed to determine if the project complies
with the development standards of Novato Municipal Code Chapter 19, Zoning. The project, as
conditioned and as discussed above, is found to comply with all applicable requirements of the
Novato Zoning Code, including Division 19.12, Non Residential Land Use (setbacks, height, floor
area ratio, and lot coverage), Division 19.20, Site Planning and General Development Standards
(mechanical equipment screening and solid waste and recyclable materials storage); Division
19.21, Art Program, Division 19.28, Landscaping, and Division 19.30, Parking and Loading.
Design Review Finding No. 2: The proposed project would maintain and enhance the
community's character, provide for harmonious and orderly development, and create a
desirable environment for the occupants, neighbors, and visiting public.
The proposed renovation to the existing Shell gas station site is designed in a manner that maintains
and enhances the community’s character, provides for harmonious and orderly development, and
creates a desirable environment for occupants, neighboring businesses, and visiting public. The
renovations at this site present a local and efficient site design, attractive landscaping and pleasing
architecture, resulting in a project that is compatible with and complimentary to the surrounding
commercial businesses. Likewise the proposed project is designed for the intended operation of
drivers and customers, including sufficient on-site parking, and efficient vehicle ingress and
egress. Finally, renovations at the Shell gas station site would create a desirable environment for
employees, nearby businesses, and visiting public by offering adequate parking, as well as effect
vehicle and pedestrian circulation. As such, the proposed project is judged to maintain and enhance
the character of Novato, provide for harmonious and orderly development, and create a desirable
environment for the building's future occupants, neighboring businesses, and the public.
Design Review Finding No. 3: The proposed development would not be detrimental to the
public health, safety, or welfare; is not materially injurious to the properties or
improvements in the vicinity; does not interfere with the use an enjoyment of neighboring
existing or future developments and does not create potential traffic, pedestrian or bicycle
hazards.
The proposed project has been reviewed by the applicable public agencies. Comments received
indicate that the proposed improvements will improve public safety by creating improved onsite
site circulation and site ingress and egress. The proposed building upgrade will improve the
enjoyment by neighboring, existing, and future developments. As discussed above no potential
pedestrian, traffic, or bicycle hazards are identified as a result of this project.
The Novato Municipal Code prescribes standards that were developed to maintain public health,
safety, and welfare, as well as prevent the diminishment of the enjoyment and use of existing and
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future development, and avoid potential traffic, pedestrian, and bicycle hazards. Accordingly, a
project found to comply with the requirements of the Novato Municipal Code is judged to not be:
a) detrimental to the public health, safety, or welfare; b) materially injurious to the properties or
improvements in the vicinity; c) interfere with the use and enjoyment of neighboring existing or
future developments; and d) does not create potential traffic, pedestrian or bicycle hazards. As
discussed herein, the location, organization, site design, architecture, and landscaping proposed
for Shell station, convenience market and carwash, as conditioned, meets all applicable
requirements of the Novato Municipal Code.
CONDITIONS OF APPROVAL
1.
Design Review shall expire two (2) years from the date of approval unless a building
permit has been issued and remains valid.
2.
The approval granted herein shall not become effective until all appropriate fees billed
by the City of Novato to the application account are paid in full in accordance with the
City’s cost Base Fee System. Failure to pay said fees may results in the City
withholding issuance of related building permit, certificate of occupancy, recordation
of final maps or other entitlements.
3.
All grading and construction activities shall comply with the noise and construction
hours specified in section 19.22.070 of the Novato Zoning Ordinance.
4.
The applicant shall comply with the procedures and requirements of Novato Municipal
Code Division 19.21, Art Program, by either proposing the on-site installation of an art
piece or the payment of a fee in-lieu of providing art with the proposed project, subject
to approval by the Director of Parks, Recreation, and Community Services.
Compliance with the provisions of the Art Program shall be achieve prior to issuance
of a building permit for the proposed project.
5.
The signs shown on the plans prepared for the Shell station prepared by MI Architects,
are not approved as part of this Design Review action. A separate sign permit shall be
required for each sign consistent with the requirements of the Novato Municipal Code
Division 19.32, Signs.
6.
The proposed project is required to provide one (1) bicycle parking stalls on-site. As
per requirements in Novato Municipal Code Section 19.30.090, Bicycle Parking and
Support Facilities.
7.
The main tower element of the convenience market must substantially conform to the
hip roof design sketch presented by Commissioner MacLeamy at the January 6, 2016
Design Review Commission meeting.
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The following conditions must be met to the satisfaction of the City of Novato Public Works
Department:
General:
8.
Applicant shall design and construct all necessary and required improvements and
facilities in accordance with Chapter V – Development Standards of the Novato
Municipal Code (NMC), unless specific design exceptions have been approved.
Approval of a site plan depicting improvements that do not conform to the NMC does
not constitute approval of a design exception, unless explicitly stated herein.
9.
Applicant shall be responsible for all City plan check and inspection costs. The
Applicant shall enter into a Cost Recovery Agreement and deposit funds with the City
upon the initiation of plan check services. The amount of the initial deposit shall be
determined by the City Engineer. Additional funds may be required based upon actual
plan check and inspection costs.
Improvement Conditions:
10.
Applicant shall submit for review and approval civil Improvement Plans prepared by a
California Registered Civil Engineer for all necessary and required on-site and off-site
public and private improvements. Improvement Plans must be approved by the City
Engineer prior to any on-site or off-site construction including grading. The
Improvement Plans shall identify the location of existing and proposed utilities, above
and below ground, including water, sanitary sewer, storm sewer, telephone, cable
television, electricity, natural gas, transformers, vaults and meters
11.
All existing and proposed electrical and communications lines, service cabinets, and
devices shall be placed underground at the Applicant’s expense. All pull boxes,
junction structures, service cabinets, vaults, valves and similar devices shall be installed
behind the back edge of walkways or within a public utility easement, at locations
approved by the City Engineer. If any utility appurtenances are permitted to be above
ground, such as vaults and boxes, they shall be painted a color approved by the City.
New improvements within existing and proposed utility easements shall be approved
by the appropriate utility company
12.
Unless otherwise explicitly permitted, all existing wells, septic tanks and/or
underground fuel storage tanks shall be abandoned or removed under permit and
inspection of Marin County Department of Environmental Health Services or other
designated agency. If there are none, the project engineer shall provide a letter
describing the scope of the search done to make this determination. This condition
shall be satisfied prior to approval of the Improvement Plans.
13.
A detailed Soils Investigation/Geotechnical Report shall be prepared and submitted for
review with the initial submittal of the Improvement Plans. The report shall address,
1dm0615
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at a minimum, potential for liquefaction, R-values, expansive soils and seismic risk.
The improvement plans shall incorporate all design and construction criteria
recommended in the Geotechnical Report. Prior to City approval of the Improvement
Plans, the geotechnical engineer shall sign the cover of the Improvement Plans to
confirm that the plans are in conformance with their recommendations.
a. If at any time, prior to final acceptance of the project improvements, the City
Engineer requests an independent geotechnical investigation and report, then an
independent geotechnical engineer, shall be retained by the City at the applicant’s
expense, to conduct requested investigations.
14.
Applicant shall submit for review and approval a Stormwater Control Plan (SWCP)
prepared in accordance with the current Bay Area Stormwater Management Agencies
Association (BASMAA) Post Construction Manual. Site improvements shall
incorporate Low Impact Design (LID) principles and permanent storm water pollution
post-construction stormwater BMPs. The SCWP shall be submitted for review with
the initial submittal of the Improvement Plans. Note that the preliminary SWCP
submitted with the application was not considered complete or approved. It was,
however, acceptable conceptually.
15.
Prior to the approval of the Improvement Plans and prior to the issuance of any grading
permit, the applicant shall submit a construction work plan for soil and groundwater
testing and disposal to prepare for the possibility of encountering residual
contamination on the site. The construction work plan shall be approved by the
Regional Water Quality Control Board.
16.
Prior to the approval of the Improvement Plans and prior to the issuance of any grading
permit, the applicant shall obtain all necessary permits, approvals and/or clearances
from other regulatory agencies with jurisdiction over the project. Proof of approval
and/or clearances shall be submitted to the City prior to approval of the improvement
plans. A complete set of improvement plans shall be submitted to all agencies, districts,
and utilities affected by, or providing service to the development, for review and
comment.
17.
Applicant shall obtain signatures from representatives of the Novato Fire District,
North Marin Water District and the Novato Sanitary District on the final Improvement
Plans acknowledging their review of those plans prior to City approval.
18.
The existing driveway aprons along all frontages shall be reconstructed to meet current
City standards and ADA requirements including a 4-foot wide sidewalk at 1.5%
maximum cross-slope.
19.
The driveways along Redwood Boulevard shall be marked and signed to limit vehicle
exiting movements to right-turn only.
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20.
The design and construction of all new pedestrian walkways and handicap ramps shall
meet current ADA standards.
21.
Landscape plans shall be submitted with the improvement plans and shall meet the
requirements of site distance to the satisfaction of the City Engineer.
22.
All outside refuse enclosures facilities shall be designed to be fully enclosed with a roof
meeting Marin County’s storm water pollution prevention best management practices,
and shall be graded to prevent stormwater from flowing into the enclosure area.
23.
Stenciling shall be provided on curb inlets to prohibit dumping of pollutants. The
stencil shall be noted in the improvement plans.
Construction Storm Water Pollution Prevention:
24.
Consistent with the requirements of the statewide Construction General Permit, the
project applicant shall prepare and implement a Storm Water Pollution Prevention Plan
(SWPPP) designed to reduce potential adverse impacts to surface water quality through
the project construction period. The SWPPP shall prepared by a Qualified SWPPP
Developer. The SWPPP shall include the minimum Best Management Practices
(BMPs) required, based on final determination of the project’s Risk Level status.
25.
BMP implementation shall be consistent with the requirements in the most recent
version of the California Stormwater Quality Association Stormwater Best
Management Handbook-Construction or the Caltrans Storm Water Quality Handbook
Construction Site BMPs Manual.
26.
Applicant shall submit a copy their SWPPP and Notice of Intent for coverage under the
State Water Resources Control Board’s General Construction Permit for Stormwater
Discharges Associated with Construction and Land Disturbance Activities (Order
2009-0009-DWQ) prior to approval of the Improvement Plans.
27.
A Qualified SWPPP Practitioner shall be responsible for implementing the BMPs at
the site and performing all required monitoring and inspection/maintenance/repair
activities. The project applicant shall also prepare a Rain Event Action Plan (if required
based on the determined risk level) as part of the SWPPP.
Construction:
28.
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Construction activities shall be limited to the days and hours stipulated in Novato
Municipal Code 19.22.070B. City established inspection hours are Monday through
Thursdays, and alternating Fridays from 7 a.m. until 4 p.m. except on City recognized
holidays. Applicant shall be responsible for the City’s additional cost to provide
inspection during times not established as regular City inspection hours.
8
29.
A City of Novato Encroachment Permit shall be obtained prior to any grading,
trenching, pavement, construction of improvements or any other work in the public
right-of-way.
30.
If any hazardous waste is encountered during the construction of this project, all work
shall be immediately stopped and the Marin County Environmental Health Service
Department, the Novato Fire Protection District, and the City Inspector shall be notified
immediately. Work shall not proceed until clearance has been issued by all of these
agencies.
31.
Upon completion of the project and prior to acknowledgment of completion, all storm
drains 12" and larger, that are installed with this project shall be professionally televised
and a video of the recording delivered to the City Engineer for review. The video shall
indicate the pipe being televised, indicate station points along each pipe, and shall have
the bottom of the pipe at the bottom of the monitor when viewed. The televised speed
shall be slow enough to enable viewers to ascertain the pipe condition and the speed
shall be reduced or paused as necessary at sags, gaps, obstructions and damaged areas
of the pipe. Prior to acknowledgment of completion of the project, pipe damage and
obstructions shall be repaired to the satisfaction of the City Engineer.
32.
During construction, the Applicant’s contractor shall provide dust control seven (7)
days a week, twenty-four (24) hours a day and this provision shall be noted on the
plans.
33.
The following shall be added to the general notes on the civil plans, “All roads used
within the City of Novato during construction shall be cleaned daily, or more often as
required by the City Engineer, of all dirt and debris spilled or tracked onto the City
streets, or private driveways.”
34.
Utilities to be abandoned shall be removed, filled with suitable material and/or capped
to the approval of the applicable utility agency and to the approval of the City Engineer.
35.
Upon completion of the building and site improvements, the Applicant shall clean,
repair, or reconstruct the curb, gutter, and sidewalk along the entire frontage of the
developed property as may be required by the City Engineer to conform to the City
standards prior to receiving an occupancy permit for the building.
Occupancy:
36.
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Prior to occupancy, a final grading observation report, prepared by the project
geotechnical engineer, shall be submitted stating that all work was accomplished in
accordance with the recommendations of the project geotechnical engineer.
9
37.
Prior to occupancy, the Applicant shall submit to the City Engineer for review and
approval a draft Operations and Maintenance Plan for the ongoing maintenance,
inspection and reporting of the permanent stormwater treatment facilities.
38.
Prior to occupancy, the Applicant shall record the final approved Operations and
Maintenance Plan for the ongoing maintenance of the permanent stormwater treatment
facilities.
The following conditions must be met to the satisfaction of the Novato Fire Protection
District:
39.
Automatic fire sprinklers are required per NFPA Std. 13. Plans and calculations shall
be submitted under permit with the NFPD for review and approval. Automatic
sprinklers are requires for both the convenience store and carwash tunnel.
40.
Fire hydrants shall be capable of flowing 1,500 GPM, spotted by the Fire Marshal, and
spaced not to exceed 300 feet. New fire hydrant shall be spotted by the fire marshal and
installed prior to combustible construction.
41.
All fire sprinkler alarms and valves shall be monitored and zones by an approved UL
Central Station conforming to NFD Standard #400.
42.
A serially numbered UL certificate shall be issued by the approved monitoring
company on the alarm monitoring system.
43.
Fire hydrants shall have at least two 2 ½" and one 4 ½" inch outlet.
44.
"No Parking Fire Lane" signs and curb markings shall be installed conforming to NFD
Standard #204.
45.
Knox key access shall be installed conforming to NFD Standard #202.
46.
The address shall be installed conforming to NFD Standard #205.
47.
NFPA placards conforming to NFD Standard #309 shall be installed.
48.
NFD fire Code permits required for underground fuel tank removal and installation.
49.
NFD permit required for operating a fuel dispensing station.
The following conditions must be met to the satisfaction of the North Marin Water District:
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50.
The project must conform to District Regulation 15- Mandatory Water Conservation
Measures. Occupancy approval shall not be granted until compliance with water
conservation measures, as applicable, can be verified.
51.
Installation of an above-ground, reduced pressure principle (RPP) backflow prevention
device at the meter is required in accordance with the district’s regulation 6 and
California Department of Health Regulations. Upon installation, an inspection report
must be completed and returned to the District prior to the commencement of business
activities.
52.
Indemnity and Time Limitations
a. The applicant shall defend, indemnify and hold harmless the City, its agents,
officers, attorneys and employees from any claim, action, or proceeding brought
against the City or its agents, officers, attorneys, or employees, to attack set aside,
void or annul the City’s decision to approve the application and associated
environmental determination at issue herein. This indemnification shall include
damages or fees awarded against the City, if any, cost of suit, attorney’s fees, and
other costs and expenses incurred in connection with such action whether incurred
by the applicant, the City, and/or parties initiating or bringing such action.
b. The applicant shall defend, indemnify and hold harmless the City, its agents,
officers, employees, and attorneys for all costs incurred in additional investigation
(such as the environmental determination at issue herein or any subsequently
required Environmental Document), if made necessary by said legal action and if
the applicant desires to pursue securing such approvals, after initiation of such
litigation, which are conditioned on the approval of such documents, in a form and
under conditions approved by the City Attorney.
c. The applicant indemnifies the City for all the City’s costs, fees, and damages which
the City incurs in enforcing the above indemnification provisions.
d. Unless a shorter period applies, the time within which judicial review of this
decision must be sought is governed by California Code of Civil Procedure, Section
1094.6.
e. The Conditions of Project Approval set forth herein include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice
of a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. The applicant is hereby further notified that the
90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a),
has begun. If the applicant fails to file a protest within this 90-day period complying
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with all of the requirements of Section 66020, the applicant will be legally barred
from later challenging such exactions.
PROJECT DESIGN WORKSHOP:
2.
HAMILTON COTTAGES (BK)
FILE: P2015-071; DESIGN REVIEW
APN 157-860-03 AND -04; SENIOR HOUSING TRIANGLE, HAMILTON PARKWAY
Conduct a public workshop to review and provide comments on a conceptual site design,
circulation, building massing, and architecture for the development of 16 single family (55+) senior
housing units on a 1.5 acre parcel known as the Senior Housing Triangle of the Hamilton Field
Master Plan area; Assessor’s Parcel Number 157-860-03. The project includes an access drive, 16
public/guest parking stalls, and a bio-retention area to be constructed in an easement on an
adjacent City-owned parcel, APN 157-860-04.
Planner II Brian Keefer provided overview of the project proposal, including site plan, building
architecture, and traffic circulation along with applicable city processes and design
considerations.
Commissioner MacLeamy asked staff to review the steps the project will take towards final
approval.
Brian Keefer responded that the workshop was the first formal meeting by the city, and the
proposal would then return to the Design Review Commission (DRC) for a formal
recommendation, then move onto a Planning Commission Recommendation, then a final action
by the City Council with a possible follow up with the DRC for final architectural details.
Commissioner Barber expressed concern regarding the change in project scope with regards to
affordable housing and low income units.
Planner Grunt explained that the Regional Housing Needs Allocation (RHNA) for the current
planning period will still be met based on the inventory of available housing sites inclusive of the
proposed change in unit yield for this site; several years ago a non-profit low income senior
housing developer evaluated the site for 25 affordable units and determined that they would need
a greater number of units for a project on the site to be financially feasible.
Community Development Director Bob Brown explained that it is the City Council’s decision on
which affordable sites will be utilized and the City has currently met affordable housing numbers
required by the State. The council has the flexibility to apply affordable housing to sites. He
added that as Planner Grunt indicate, another non-profit developer of affordable senior housing
determined that the level of service required for low and very low income senior housing is not
supported sufficiently by 25 units.
Ian Gillis, representing the applicant Hamilton Cottages, LLC, introduced the developers as a
partnership between Urban Community Partners and Ryder Homes, and gave a brief history of
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the project with their consideration of the site potential and the negotiated purchase. He liked the
site’s location in relation to SMART, shopping, and amenities to serve senior residents. He
described their approach to site design given the triangular shape of the lot, utility easements, etc.
He showed slides of the former Mercy proposal and Oma Village, but said it was too dense. So
they looked at the Pocket Neighborhood concept with senior living universal design elements,
massing of garages of carriage structures, and iterations of site design/organization of parking
structures, etc. He referred to Ross Chapin’s book on Pocket Neighborhoods and how it
influenced the design. He introduced the architect, Adam Gardner from William Hezmalhalch
Architects, Inc.
Adam Gardner, architect, explained the overall design concept in further detail, including that the
front porches of the homes are stepped up two or 3 steps from the common green area to provide
a sense of privacy for the front porches. He explained that the garages provide a separation from
SMART, and described the home architecture and accessibility, and explained that some of the
garages had a bonus room on the second floor above.
Patrick McLeamy questioned how there are steps up to the front porches, but the houses are slab
on grade.
Gardner explained that there will be a low retaining wall at the front, but the sidewalks will slope
up to the side and rear entrances of the homes so that the occupants never need to climb steps to
access the front porches.
The applicant introduced the Landscape Architect, Annika Carpenter from Ripley Design Group,
who have a brief description of the landscape design concept, including hardscape features and
walkways, outdoor use areas, outdoor kitchen, fire pit, etc.
Marshall Balfe asked what kinds of trees they intend to use. Annika said that the specific types
of trees are not yet identified, only the basic role i.e. shade tree, accent tree, or evergreen.
Marshall mentioned that the DRC will want to see the types of trees at the next workshop.
Marshall also asked if the proposal meets the parking requirements of the zoning code. Staff
affirmed.
Michael Barber asked about density with parking/access on city property and for clarification on
wall and fence heights.
The applicant explained the density calculations onsite and responded to the parking design
questions by explaining the limitation of site design due to the small triangular shape of the
parcel and the agreement with the City to allow parking on the adjacent city owned property.
Adam Gardner showed where the 8’ tall masonry wall occurs along North Hamilton Parkway to
be consistent with the neighboring developments, and where the fences are located within the
development to create security and privacy for the back yards of the residences, but the fence
between the houses is held back to provide more visible space in the town green and in front of
the homes.
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Michael Barber then asked about the slope/elevation change between the project and neighboring
development, and clarifications of two-story design elements at the garages, and the architect
showed a sample slide.
Patrick McLeamy asked if they had considered any common walls/duplexes at all, and if they
had considered connecting the garages to the adjacent houses. He pointed out the common space
restrictions.
Ian Gillis said that they had considered it, but preferred the 4-sided homes, and mentioned that
the garages were exclusive use common areas.
Aaron Roden with Ryder Homes explained the garages and bonus rooms above would be
exclusive use common areas, maintained by the HOA.
Commissioner Balfe then opened the project for public comment.
Speaker 1 questioned the bathroom design and suggested that there be no step into shower/bath.
Speaker 2 was an Ignacio resident with children that attend Novato Charter School; is concerned
with the access to SMART train, concerned with the increase in traffic from new development
and diminished circulation and increased congestion on Main Gate to SMART; critical that B
Street be constructed to reduce congestion on Main Gate; this project aggravates concern over
the cumulative effect of all projects being constructed in the area; is concerned about traffic
safety, pedestrian conflicts, etc.; expressed that the left turns with children accessing the schools
is a disaster; was aggravated that they had to sit through 1 ½ hours of stuff that doesn’t affect
them.
Speaker 3 is a member of the Hamilton community and a perspective purchaser of one of the
units, said they could be more attractive and questioned the energy efficiency of the units.
Would like to see 240 volt outlets in the garages for electric vehicle charging, fiber optics in the
units, and solar stub-outs; would like to see a Title 24 for the project; suggested making the
second story bonus rooms over the garages common use for all the residences rather than
exclusive use spaces; said it would affect profitability, but greatly improve the quality of life;
commended the conceivers on the nice project.
Speaker 4 questioned the change from 25 units, need access to the SMART station from the
north, and B Street needs to be constructed for access; questioned the City’s noticing process,
saying only found out about the project the day before; didn’t see the senior utility in the design;
wants one-level living for access with secure access to parking garages, and pointed out that the
example slides show more space than the plans; was concerned that the 55 and over development
was discriminating against children.
Speaker 5, an adjacent neighbor, commented that the project should continue the Spanish themed
architecture of the adjacent neighborhoods, and that there is no other architecture similar to the
proposed style within line of sight of the project; pointed out that the project was a very tight fit
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in relation to the adjacent Newport and surrounding neighborhoods; was concerned that the
project may be cutting off an emergency access easement onto the neighboring development
(later addressed by the applicant that there is a public utility easement that they are respecting but
that no such emergency access easement exists), and suggested the access drive being moved to
be adjacent to the Newport homes.
Speaker 6, another neighbor from across North Hamilton Parkway commented that the site was
challenging, complimented the pocket neighborhood concept, and suggested to consider in-law
units in the bonus rooms to account for affordable housing.
Speaker 7, another Hamilton resident echoed sentiment regarding the noticing process, and
expressed concern about traffic congestion; said there is a need to connect B Street access form
North Hamilton Parkway to the SMART station and Main Gate Road.
Speaker 8, a resident of Marblehead Lane commented that they are less concerned about
pedestrian/vehicular conflicts in the neighborhood; did not think it was necessary to open B
Street through to Main Gate, agreed with moving garages adjacent to the Newport homes, and
supported the project as a great addition to the neighborhood.
Bob Brown addressed traffic, said he met with SMART, and SMART chose the Main Gate
location for access, not from B Street.
Staff explained that the affordability requirement will be subject to a Master Plan Amendment.
Ian Gillis commented that he had met with Hamilton Forum twice regarding the project.
Aaron Roden explained the developer’s intended accessibility within the units, energy efficiency,
and that they are partnered with Solar City, offering solar panels as a no additional cost upgrade
to homes in all their projects. He mentioned that he expects that by the time the project is
complete, electric car charging outlets will be required in all homes, but if not, may be necessary
to satisfy market demands. He also mentioned that they could change the bonus rooms to
common space, but some seniors may not want this. Also, the age restriction of 55+ does not
preclude children from living there, only requiring one person on the title to be 55 or older to
purchase the home.
Ian Gillis reiterated that per Public Works requirements B Street will be stubbed out for future
extension.
Staff added that the SMART access off of B Street would have to be completed at the cost of the
City
Commissioner Balfe closed the public hearing and opened the discussion to Design Review
Commission Feedback:
Summary of Commission Comments:
Commissioner Farrell
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 Pocket Neighborhood is an interesting concept, and agreed that it is likely in demand.
 Density is appropriate for a strange shaped parcel, the project is right at the density
requirement per the General Plan, and there are limited options to increase the density to
achieve affordable housing.
 He agreed with the breadth of Spanish style architecture in area, but that the Traditions
neighborhood is not a Spanish style and blends nicely into the Hamilton area. He is
comfortable with the proposed architectural style and commends the architect and
landscape architect for the innovation necessary to fit everything in, and that they are on
the right track.
 Courtyard is an interactive space that the people will love, and the common use site is
charming.
 Garage cluster and relation of 4 homes is problematic. The 10’ back yards will have 2
stories on both sides, and they will be dark holes. He suggested to consider another plan
type through that portion of the project, with possibly side yards instead.
 Would also like to see a context map for neighborhood context and how this project
relates to SMART.
 Suggested applicant produce a computer or physical 3d model of the project to illustrate
how the units and the courtyard work.
Commissioner McLeamy
 Commended the applicant and the city for encouraging this type of development. He
agreed with the reduction from the designated 25 units, as the applicant had to work hard
to achieve 16 on this difficult site. He thanked the city for allowing access and guest
parking outside of the property line, and liked that there are no roads within the site. He
said that the idea of the common space is good.
 It seems tight even at a density of only 10 units/acre, and the design of the site is driven
by 4-sided homes. He asked the applicant to show again the nice example picture of
common space, and explained that the architecture was not as important as the space in
between, and that the space should not be filled completely up with trees.
 He said the commons are too confined as proposed. He suggested pushing the houses
along the garage cluster back to connect them to the garages, changing the private yards
from rear to side yards. The commons could then get bigger, and only four units would
be different plans than what is shown. The houses could then be partly over the attached
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garages, saving room. The relatively worthless back yards would be gone. This would
help increase ability (central area) to make it work as a pocket neighborhood. Suggested
focusing on site design for now.
Commissioner Barber
 Liked the idea of a common community room, providing indoor space for socialization in
winter is a great idea.
 Concerned with the pinch points in the design and that some units don’t open onto the
common space. The layout presently does not have the pocket park advantage for all
units.
 Break up the garages more, as they appear as a wall.
 The entrance(s) needs to be a lot more prominent, with a gateway affect. Entrances to the
inner court yard should be redesigned.
 He doesn’t think the fire pit will get used. The courtyard would be used better if
redesigned, and as it is now will not have the appeal of the cover photograph on the slide
show.
 Consider doubling up some units to get more space. Units are not laid out to take
advantage of the views. Would like to create a better site plan where every unit will be
appealing.
 Architecture should respect surrounding architecture.
Commissioner Balfe
 Likes the concept, and appreciates trying to achieve a sense of community.
 The courtyard is too small and could be more flowing in different ways.
 Interior space could be better and larger.
 He likes the recessed fencing – serves to open up common space feel.
GENERAL BUSINESS: None
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ADJOURNMENT: The meeting was adjourned at 10:10p.m.
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