HomeMy WebLinkAboutCC Resolution 10616 (City Corp Yard Use Permit)RESOLUTION NO. 10616
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A TENTATIVE
PARCEL MAP (s 00-1), MASTER USE PERMIT (UP 99-26), ENVIRONMENTAL AND
DESIGN REVIEW PERMIT (ED 99-71), AND TRIP PERMIT (TP 00-1) FOR A 116,427
SQUARE FOOT OFFICE COMPLEX AND NEW 3.0 ACRE CITY CORPORATION YARD
FACILITY LOCATED AT 2350 KERNER BOULEVARD AND 200 MORPHEW STREET.
(APN: 009-291-10, 31, 32 AND 34)
WHEREAS, on June 18, 1999, Fasken Trust submitted applications requesting approval
to develop, in two phases, an 11.97 acre site with three (3) commercial office buildings and a 3.0
acre City corporation yard facility including a 32,122 square foot multiuse building in two
phases; and
WHEREAS, the applications included concurrent requests for a General Plan
Amendment (GPA 99-2), Planned Development (PD) District Rezoning (ZC 99-5), Tentative
Parcel Map (s 00-1), Master Use Permit (UP 99-26), Environmental and Design Review Permit
(ED 99-71) and Trip Permit (TP 00-1); and
WHEREAS, the General Plan Amendement redesignates a 3.0 acre portion of the site for
Public/Quasi-Public land uses and was approved by the City Council by adoption of a separate
resolution; and
WHEREAS, the City Council adopted the Planned Development (PD) Re -zoning
request, which establishes the appropriate development regulations, FARs and trip allocations for
the development, by adoption of a separate resolution; and
WHEREAS, Phase I of the development includes two (2) commercial office buildings
(Building's 1 and 2) totaling 116,427 square feet, a multiuse City Corporation Yard building
totaling 32,122 square feet, and a 1.4 acre addition to the San Rafael Shoreline Park at 2350
Kerner Boulevard and 200 Morphew Street on a total of 10.28 acres (APN's 009-291-10, 31, 32
and 34); and
WHEREAS, the project includes a request for 41 bonus trips from the trip reserves
established for East San Rafael in the General Plan Appendices for development of Phase I of the
project; and
WHEREAS, upon review of the applications, a Mitigated Negative Declaration was
prepared for the project and made available for public review on January 29, 2000 consistent
with the requirements of the California Environmental Quality Act (CEQA); and
WHEREAS, the City Council has adopted the Mitigated Negative Declaration by
adoption of a separate resolution; and
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WHEREAS, on February 29, 2000, the City of San Rafael Planning Commission held a
duly noticed public hearing on the proposed Tentative Parcel Map, Master Use Permit,
Environmental and Design Review Permit and Trip Permit requests, accepting all oral and
written public testimony, the written report of the Planning Division staff and the verbal
presentation of City staff and consultants; and
WHEREAS, consistent with Planning Commission Resolution No. 00-03 recommending
approval of the Planned Development District rezoning and Development Plan (ZC 99-5), on a
5-0-2 vote (Atchison and O'Brien absent) the Planning Commission recommended to the City
Council approval of the Master Use Permit, Environmental and Design Review Permit and
Tentative Parcel Map, excluding the Phase H development request for a 19,021 square foot office
building (Building 3) and overflow parking lot on 1.69 acres (APN 009-291-7, 8, 9 and 47); and
WHEREAS, on March 20, 2000 the San Rafael City Council held a duly noticed public
hearing on the project accepting all oral and written public testimony, considered the information
provided by staff on the project contained in the written report and information presented to the
City Council at the hearing and made the followings findings relating to the Tentative Parcel
Map, Master Use Permit, Environmental and Design Review Permit and Trip Permit:
Tentative Parcel Map
1. The tentative parcel map complies with the requirements of the Subdivision Map Act and
with the City of San Rafael's Subdivision Ordinance (Title 15) in that the parcels meet
the minimum parcel size of 6,000 square feet and minimum width of 60 feet, and satisfy
the required findings below.
2. As conditioned, the proposed subdivision, together with its design and improvements, is
consistent with the objectives, goals, policies and general land uses of the General Plan
(as required by the Subdivision Map Act Section 66473.5) in that;
a) the subdivision will create developable parcels to implement land uses and building
intensities permitted under the LI/O and P/QP General Plan land use designations,
and;
b) the subdivision is consistent with open space plans in that the project will improve
and dedicate a 1.4 acre portion of the approved Shoreline Park improvement, as
required by the General Plan and as detailed in the City of San Rafael Shoreline Park
Plan.
3. The site is physically suitable for the proposed type and intensity of development based
on the following:
a) The site and project were reviewed by the Design Review Board, which determined
that the project is in conformance with the Design criteria in the General Plan and
Zoning Ordinance Chapter 25.
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b) A Mitigated Negative Declaration was prepared for the project, which contains
information evaluating and supporting the suitability of the site for the proposed
development.
c) Adequate services and utility systems are available to serve the existing and proposed
parcels and uses.
d) Adequate area is provided for required parking and landscape improvements.
4. The design of the subdivision and proposed improvements are not likely to cause
substantial environmental damage, or substantial and avoidable injury to fish, wildlife or
their habitats or cause serious public health problems based on the determinations made
in the Mitigated Negative Declaration and given that the subdivision establishes new
property lines on an existing developable site which has not been found to contain any
sensitive wildlife or habitat. Mitigation Measures would be implemented to reduce
impacts to less -than -significant levels.
5. As conditioned, the subdivision does not conflict with any existing or required easements
because reciprocal agreements or easements for access and parking will be required, an
existing roadway right-of-way shall be abandoned given that the site is adequately served
by public street access at Kerner Boulevard and Morphew Street, and additional land area
for extension of the San Rafael Shoreline Park, an approved public path, shall be granted
along the Phase I property's bay frontage.
6. The City has balanced the regional housing needs against the public service needs of its
residents and available fiscal and environmental resources and concludes that adequate
public services are available for the site based on existing service providers expressed
ability to provide service, the subdivision will not impact environmental resources and
meets an identified housing need given that a) the site is in an urbanized area where
public services are available; b) potential impacts on the adjacent wetlands have been
mitigated, as detailed in the Mitigated Negative Declaration prepared for the project; and
c) the development is a commercial office and public facility development consistent with
the General Plan which does not include housing in this area.
7. The design of the subdivision provides, to the extent feasible based on balancing the need
to create a design compatible with the neighborhood with solar energy needs, for future
passive or natural heating or cooling opportunities given the size, shape and topography
of the parcels provide for building placements and design which can satisfy building
code, Title 24 requirements.
8. Approval of the proposed subdivision would not be detrimental to the health, safety or
welfare of the surrounding development in that the potential environmental impacts have
been assessed pursuant to the provisions of the California Environmental Quality Act
(CEQA) and mitigated through the project design and conditions of approval.
Master Use Permit
9. The proposed Corporation Yard use, office uses, and related ancillary uses, as
conditioned, are in accord with the General Plan, the objectives of the Zoning Ordinance,
and the purposes of the PD District in which the site is located in that the General Plan
Public/Quasi-Public and Light Industrial/Office Land Use designations and Policies LU -
17 and CA and the Planned Development zoning district regulations permit the proposed
professional office and City Corporation yard uses at the designated floor area ratio
(FAR) building intensities and Traffic Allocations based on the grant of a Trip Permit to
the project.
10. The proposed Corporation Yard use, office use and related ancillary uses, together with
the conditions applicable thereto, will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity, or to the
general welfare of the City in that a Mitigated Negative Declaration has been prepared
and adopted for the project pursuant to the provisions of the California Environmental
Quality Act (CEQA), and the project has been reviewed by all appropriate City
Departments and permitting agencies and has been conditioned accordingly to avoid such
detriment.
11. The proposed Corporation Yard use, office use and related ancillary uses comply with
each of the applicable provisions of the Planned Development (PD) District Zoning
Ordinance and all other applicable provisions of the Zoning Ordinance, as discussed in
Use Permit Finding 9 above, as well as discussed in the PD District and Environmental
and Design Review Permit Findings made for the project.
Trip Permit
12. The granting of 41 bonus trips to Phase I from the East San Rafael trip reserve is
reasonable based on the fact that:
a) Traffic Level of Service standards established by the General Plan would not be
exceeded for both local streets and critical interchanges, as established through the
Priority Project Procedure review and approval which aproved utilization of 337 PM
peak hour trips for the Phase I project.
b) The proposed use of bonus trips is consistent with the specific purposes as described
in the General Plan in that the Corporation Yard public facility would provide the
land area for needed neighborhood -serving and community serving uses in East San
Rafael, and has been determined to be a a high priority use based on the fact that
General Plan Policy LU -50 and Program LU -z reinforce the need to relocate the City
Corporation Yard to allow redevelopment of the existing site to redevelop with uses
more appropriate for the Downtown area, and the terms of the Development
Agreement that has been executed between the City and Fair, Isaac requires that the
City secure a site for relocation of the existing Corporation Yard, so that the current
yard located on Lincoln Avenue and Second Street is available for the second phase
of the Fair, Isaac office complex.
c) The granting of an increase in the number of P.M. peak hour trips to the Phase I site
will not under the circumstances of this case, materially affect adversely the health or
safety of persons residing or working in the neighborhood and will not, under the
circumstances of the particular case, be materially detrimental to the public welfare or
injurious to property or improvements in the neighborhood or to the general welfare
of the City in that trips are established in the Appendix B for East San Rafael and the
total number of trips allocated to the area (i.e parcel specific trips and trip reserves) in
Appendix B will not be exceeded. The project is subject to the Priority Project
Procedure (PPP) process, consistent with General Plan Policy C-7 and Program C -b,
and Phase I development has been granted (PPP) approval.
Environmental and Design Review Permit
13. The project design and Development Plan prepared for the Planned Development, as
conditioned, are in accord with the General Plan, the objectives of the Zoning Ordinance,
and the purposes of this chapter in that the Design Review Board has reviewed the project
for compliance with the General Plan Land Use Element and East San Rafael Design
Policies and the Landscape, Parking, Building and Site Design Criteria in the Zoning
Ordinance, and has recommended that the project meets the established criteria by
providing a high quality design and materials that are appropriate for the site and
neighborhood.
14. The project design and Development Plan are consistent with all applicable site,
architecture and landscaping design criteria and guidelines for the district in which the
site is located in that said criteria have been established under a Planned Development
District which is in compliance with the General Plan, the Planned Development zoning
regulations and the surrounding development.
15. The project design minimizes adverse environmental impacts as follows:
a) Appropriate landscape materials are proposed adjacent to the Bayview Marsh
wetlands.
b) Appropriate 35 to 70 foot wide landscape buffer areas are proposed to be
appropriately fenced and planted with native vegetation, and minimum building
setbacks of 75 -feet are proposed from the wetlands.
c) Frontage and parking lot landscaping are proposed which is compatible with
surrounding development.
d) The development has been designed with attractive rooflines to consider visual
impacts from significant areas such as I-580.
e) The design considers the surrounding environs and provides views to the bay by
providing a separation of approximately 100 -feet between Buildings 1 and 2 of the
Phase I office development.
16. The project design will not be detrimental to the public health, safety or welfare, nor
materially injurious to properties or improvements in the vicinity in that the project has
been reviewed by all appropriate City Departments and permitting agencies and
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conditioned accordingly and the potential environmental impacts of the project were
assessed pursuant to the California Environmental Quality Act, a Mitigated Negative
Declaration was prepared for the project and modifications are included in the project
design which reduce impacts to less -than -significant levels.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Tentative
Parcel Map, Master Use Permit, Environmental and Design Review Permit and Trip Permit,
based on the findings above and subject to the following conditions:
Tentative Parcel Map
1. This Tentative Parcel Map approval shall approve a three lot subdivision as shown on the
Tentative Parcel Map of 2350 Kerner Boulevard, prepared by Oberkamper and Associates
(Printed February 10, 2000), which shall be revised to exclude Parcel C from the proposed
subdivision, thus subdividing Assessors Parcels 009-291-10, 31, 32 and 34, to establish Parcel
A -Corporation Yard (2.959 Ac.), Parcel B -Phase 1 Office Parcel (5.896 Ac.), and Parcel D -
Shoreline Park (1.424 Ac.), and a designated remainder parcel located outboard of the existing
levee/line of highest tidal action which totals 5.88 acres. The Tentative Parcel Map shall be
revised to include the changes noted herein and any other changes to these plans noted in the
Conditions of Approval.
2. The Shoreline Park parcel, Parcel D (100 -foot wide Shoreline Band), shall be dedicated to the
City by separate instrument.
3. An access easement for public and private egress shall be created across Parcel B (Phase I
Office Parcel) to serve Parcel A (Corporation Yard parcel) to provide legal access between
Morphew Street and Parcel A.
4. The 60 -foot roadway and utility easement across Parcels A and B must be abandoned, except
for a portion which shall be retained to provide sufficient public street frontage for Parcel A, to
the extent such frontage is required, as determined by the City Engineer.
5. The final parcel map must be recorded prior to issuance of building permits.
Master Use Permit
6. Except as modified herein, the Master Use Permit (Use Permit 99-26) authorizes development
of the 10.28 acre site in accordance with the Planned Development approval (ZC 99-5), which
lists the permitted uses and development standards for development of the site in two phases,
and the associated Development Plan.
7. Approved uses consist of 1) a 3 acre City corporation yard including a 32,122 square foot
building for administrative offices, shop, maintenance and storage, and similar uses for public
agency use and related activities, 2) Development of two (2) commercial office buildings,
consisting of Buildings 1 and 2 on the Phase I site totaling a maximum of 116,427 square feet,
and 3) improvement of the site area located 100 feet inboard of the levee consistent with the
City of San Rafael Shoreline Park Plan.
8. Development of the site shall be contingent upon the project having received a valid (i.e. not
expired) Priority Project Procedure (PPP) approval granted by the City Council in accordance
with the City's PPP process. Phase I development has been granted PPP approval in December
1999 (PPP 99-5) for 337 trips which included 308 trips for an office complex and 29 trips for
the Corporation Yard use.
9. Development of the site with the permitted uses at the floor area ratio (FAR) intensities and trip
allocations approved under the development plan shall be contingent upon the project receiving
approval of a Trip Permit to allocate 41 additional trips to the Phase I development.
10. The Office development shall provide parking at a ratio of 1 space per 250 square feet of
commercial office floor area, consistent with the City Of San Rafael Parking Regulations and
as indicated on the Development Plan. Upon subdivision of the property, each parcel shall
continue to meet this requirement on-site or recordation of reciprocal parking agreements shall
be required.
11. The Community Development Director may review and approve amendments to the Master
Use Permit which are within the limits of the approved PD District Approval (ZC 99-5), the
PD zoning regulations and the General Plan FAR and Trip Allocations.
12. Development of the site (i.e. the building design and locations, scale, architecture, landscaping
and similar improvements) shall be completed in accordance with a valid (i.e. not expired)
Environmental and Design Review Permit approval.
13. The Use Permit shall be subject to the Environmental and Design Review Permit (ED 99-71)
conditions of approval.
14. The City Corporation Yard use shall adhere to SRFD permit requirements for the use, storage,
and disposal of such materials containing petroleum hydrocarbons, chlorinated solvents,
herbicides, pesticides, paints, coolants, and other hazardous materials.
15. The City Public Works Department shall revise its emergency response or evacuation plans as
a part of its efforts to relocate the Corporation Yard.
16. All project mitigation measures specified in the Negative Declaration Mitigation Monitoring
and Reporting Program shall be completed.
17. The property owner agrees as a condition of the approval of this permit to defend at his sole
expense any action brought against the City because of the approval of this permit. The
property owner will reimburse the City for any court costs and attorney's fees which the City
may be required by a court to pay as a result of such action. City may, at its sole discretion,
participate in the defense of any such action; but such participation shall not relieve applicant
of his obligations under this condition.
18. This Master Use Permit shall be valid for a period of two years, or until March 20, 2002 and
shall be null and void unless a building permit is issued and construction diligently pursued, or
a time extension is requested.
Environmental and Design Review Permit
19. Except as conditioned herein, building techniques, materials, elevations, landscaping and
appearance of this project, as presented for approval, shall be the same as required for the
issuance of a building permit. Any future additions, expansions, remodeling, etc., shall be
subject to the review and approval of the Planning Division.
20. This environmental and design permit is subject to the adopted PD zoning regulations (ZC 99-
5) and all conditions of approval applicable to Use Permit 99-26.
21. All mechanical equipment (i.e., air conditioning units, meters and transformers) and
appurtenances not entirely enclosed within the structure (on side of building or roof) shall be
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screened from public view. The method used to accomplish the screening shall be indicated on
the building plans and approved by the Planning Division prior to issuance of a building
permit.
22. All trash enclosures shall be screened with landscaping and integrated into the site design, as
indicated on the project plans.
23. All utilities fronting or crossing the subject property shall be placed underground where
possible.
24. The 1.4 acre Shoreline Park shall be improved consistent with the requirements of the
Shoreline Park Master Plan, and offered for dedication to the City prior to approval for
occupancy of the office complex building(s).
25. This design review approval ED 99-71 shall be valid for two years from approval or until
March 20, 2002, and shall be null and void if a building permit is not issued or a time extension
granted.
26. To ensure that heliport operations will not pose a safety hazard during phase -one construction,
the project proponent and the owner of the heliport shall contact the Aeronautic's Program's
Aviation Consultant for Marin County, Dan Gargas, at 916/654-5314.
27. A permit shall be obtained from Bay Conservation and Development Commission (BCDC) for
improvements within the jurisdiction of BCDC, prior to issuance of a building permit.
28. The project shall pay the current East San Rafael traffic mitigation fees of $2,850.00 per PM
peak hour trio generated, which was updated on 12/20/99, to fund identified traffic
improvements required throughout East San Rafael. The fee shall be adjusted, as necessary, in
accordance with the "Lee Saylor Construction Cost Index". The traffic mitigation fee must be
paid for a total of 337 trips for Phase I development (308 trips for Phase I office complex and
29 trips for the Corporation Yard). Mitigation fees shall be collected prior to issuance of the
relevant building permit.
(Traffic)
27(a) All on-site parking shall be striped with single 4 -inch wide white striping and wheelstops or
curbing provided at each space to the satisfaction of the Traffic Engineer. Handicapped
parking shall be appropriately marked on the pavement and closely accessible to the pertaining
use.
28(a) The proposed parking lot pavement shall be marked/painted with appropriate directional
signs/arrows for ingress and egress. This shall be done to the satisfaction of the Public Works
Department prior to building permit issuance.
(Utility and Service Agencies)
29. Prior to issuance of a building permit, the applicant shall make any agreements with the San
Rafael Sanitation District for the construction of any off-site or on-site sewers that may be
required.
30. Prior to issuance of a building permit, the applicant shall apply for and receive an allocation of
sewer capacity from the San Rafael Sanitation District.
31. Prior to issuance of a building permit, the applicant shall annex the entire Office Building 1 and
2 (Phase I) site area into the San Rafael Sanitation District boundaries.
32. Prior to issuance of a building permit, the applicant is to comply with conditions of the Marin
Municipal Water District to obtain water service to the new building.
33. In order to comply with AB 939, Detailed building plans shall provide space to accommodate
dry debris boxes for collection of recyclable materials as directed by the County Waste
Management Authority and / or Marin Sanitary Service which operates the Marin Resource and
Recovery Center.
(Hazardous Materials -Construction Impacts)
34. Prior to issuance of a grading or building permit, the Marin County Environmental Health
Services, Local Enforcement Agency shall review and approve the building permit plans.
35. The project sponsor's contractor(s) shall prepare and implement a Hazardous Materials
Contingency Plan that complies with all applicable federal, state and local regulations and the
requirements of all agencies having jurisdiction. The contingency plan shall include
components such as a site Health and Safety Plan and Hazardous Waste or Non -Hazardous
Waste manifesting procedures. The contingency plan shall address specific work activities
(such as utility trench excavation, foundation excavation, other excavation, sampling,
temporary storage, transport, and disposal).
36. The Health & Safety Plan shall include such components as:
• Provision for stockpiling and sampling suspected impacted soils and water.
• Provision for sampling air quality and explosive gases in utility trenches or
confined spaces workers might enter.
• Plans for documenting site activities related to sampling, stock piling, and
disposal of such materials.
• Plans for collecting, sampling, analyzing, and disposing of groundwater
encountered in trench or foundation excavations and generated from wicks if they
are installed.
• Additional elements as needed in the Hazardous Materials Contingency Plan.
37. Transport and disposal shall be conducted under the appropriate Hazardous Waste or Non -
Hazardous Waste manifesting procedures in accordance with all applicable federal, state and
local regulations and the requirements of agencies having jurisdiction:
• Only appropriately licensed waste haulers shall be used.
• Disposal shall be at facilities permitted to accept the type of waste generated
from the site.
38. The San Rafael Fire Department (SRFD) shall review and approve all components of the
Hazardous Materials Contingency Plan before building and grading permits are issued.
39. The project shall provide for the proper storage and disposal or recycling of any materials
designated as hazardous materials or regulated by the San Rafael Fire Department (SRFD).
The SRFD shall review and approve these requirements prior to issuance of grading permit.
40. Before issuance of grading permits, a Risk Based Analysis shall be prepared to assess the
potential for volatilization of residual petroleum hydrocarbons to indoor and air impacts during
construction of foundations and underground utilities. The standard appropriate corrective
measures shall be prepared and submitted to SRFD, and the project shall be constructed and
operated in compliance with the approved corrective measures.
41. A permit shall be obtained from the RWQCB to temporarily abandon the existing on-site
monitoring wells before construction commences and to replace them after completion of
construction.
42. The Hazardous Materials Contingency Plan shall be required to mitigate potential construction
impacts related to buried debris and the former fuel tanks on the Ghilotti site. Mitigation shall
include such design elements as:
Capping the soil.
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• Providing ventilation beneath all buildings.
• Including a passive gas removal system to take vented gases away from the vent
space beneath the buildings.
• Monitoring gas accumulation in the ground, beneath the buildings, and in the
buildings.
• Placing an impervious membrane between the soils and the floor slabs.
• The system to monitor for methane gas shall include analysis of benzene, toluene,
xylenes, ethyl benzene, and MTBE.
43. Mitigation measures shall be incorporated into the building's design and approved by the San
Rafael Fire Department (SRFD), Bay Area Air Quality Management District (BAAQMD),
Marin County Office of Environmental Health Services, Local Enforcement Agency and any
other agency having jurisdiction
44. The development plans shall be submitted to the RWQCB for review and approval as they
relate to the underlying debris fill. Driven piles may be required to be pointed to minimize the
potential for piles to drag contaminated materials into underlying layers which are connected
hydraulically to the Bay, or pre -drill the pile holes through the debris fill.
45. To facilitate agency review and approval of these measures, prior to development of the
Ghilotti site, a final report characterizing the hazardous materials shall be prepared and
submitted. A work plan for this site characterization shall be submitted to the SRFD for review
and approval as a first step in this mitigation process.
(Hazardous Materials -Post Construction)
46. Mitigation of soil gases shall be accomplished by incorporating a venting and vapor barrier
system into building design. The design shall be approved by City staff before building and
grading permits are issued. Minimum requirements to vent soil gases safely are:
• A passive or active system as necessary to prevent unacceptable concentrations of
vapors from accumulating in spaces for human occupancy (offices, storage areas,
elevators, stairwells, parking areas, etc.).
• A passive or active system as necessary to prevent unacceptable concentrations of
vapors from being discharged to the environment such that there would be harmful
impacts to the public or that the ambient air quality would be degraded.
• A monitoring system to assure acceptable indoor and outdoor air quality would be
maintained and to assure that there would be no harmful buildup of vapors beneath
the site.
47. The City Corporation Yard shall obtain permits from Building and SRFD for the for
installation, monitoring, and operation of ASTs with capacities greater than 660 gallons or an
aggregate of 1,320 gallons.
48. A Spill Prevention, Control, and Countermeasure Plan (SPCC) approved by the enforcement
authority (SRFD) shall be developed and implemented to mitigate against spillage on the
Corporation Yard site.
49. If the Corporation Yard facility includes sumps, they shall be designed so that they would not
connect to the storm drain system and to prevent discharge to the storm water system should
they overflow.
(Air Quality)
50. All active construction areas shall be watered at least twice daily and more often during windy
periods.
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51. All hauling trucks shall be covered, or at least two feet of freeboard shall be maintained. Rust-
proof chutes shall be used as appropriate to load debris onto trucks during demolition.
52. Until paved, all unpaved access roads, parking areas, and staging areas shall be watered at least
twice daily, or non-toxic soil stabilizers shall be applied.
53. All paved access roads, parking areas, and staging areas shall be swept daily (with water
sweepers), and streets shall be swept daily (with water sweepers) if visible soil material is
deposited on the adjacent roads.
54. Inactive construction areas (such as previously -graded areas which are inactive for ten days or
more) shall be hydroseeded, or non-toxic soil stabilizers shall be applied.
55. Exposed stockpiles shall be enclosed, covered, watered twice daily, or have non-toxic soil
binders applied.
56. Traffic speeds on any unpaved roads shall be limited to 15 miles per hour (mph).
57. Vegetation shall be replanted in disturbed areas as quickly as possible. Until vegetation is
planted, these areas shall be kept damp.
58. Any activities which cause visible dust plumes but cannot be controlled by watering shall be
suspended.
59. Any materials containing asbestos shall be removed in compliance with all applicable federal,
state and local regulations and the requirements of any agency having jurisdiction. Before
removal of any materials suspected to contain asbestos, the BAAQMD's Enforcement Division
shall be notified to determine proper handling procedures and permit requirements.
(Cultural Resources)
60. If shellfish deposits or artifacts are discovered during any site grading / excavation, work shall
be suspended temporarily until the discovered materials can be examined by an archaeologist.
If significant artifacts or features are encountered, the subsequent work in that area shall be
monitored by an archaeologist as outlined in "Recommended Monitoring and Spot Check
Procedures" (on file at the Planning Department).
61. In the event of the accidental discovery or recognition during project implementation of any
human remains on the site, there shall be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent human remains, until the county coroner
shall be contacted to determine that no investigation of the cause of death is required.
62. If the County coroner determines the remains to be Native American:
The coroner shall contact the Native American Heritage Commission within 24
hours.
• The Native American Heritage Commission shall identify the person(s) it believes
to be the most likely descended from the deceased Native American.
63. The landowner or the person responsible for the excavation work shall treat or dispose of the
human remains and any associated grave goods with appropriate dignity after consideration of
any recommendations which may be made by the most likely descendent or the Commission as
provided in Public Resources Code Section 5097.98.
(Signs and Sign Programs)
64. City review and approval of a sign permit shall be required for building signage, consistent
with the sign ordinance regulations. The site plan indicates monument signs to identify the site
and buildings.
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(Landscaping / Lighting)
65. Prior to issuance of City permits, the applicant shall submit final landscaping plant material
selection and details, proposed light fixtures and photo -metrics, entry wall treatment details,
and sections with dimensions from the wetland limit to the project boundary, fence and
building for review and approval by the Design Review Board and Planning Commission. The
final landscape plan should be revised to be more compatible with the character of the area,
with an emphasis on the use of native and compatible landscaping. In keeping with this
requirement, palm trees should not be used.
66. Prior to issuance of a building permit, the final landscaping and irrigation plans shall be
submitted to the Planning Department for review and approval.
67. All landscaping shall be installed prior to the occupancy of the building. The City may agree to
accept a bond for a portion of landscaping improvements -not completed. In the event that a
bond is posted for a portion of the site landscaping, it shall cover the amount estimated for
completing the landscaping. All areas proposed for landscaping must be covered with bark or a
substitute material approved by the Planning Division prior to occupancy.
68. A bond shall not be accepted in lieu of completing the wetland buffer zone landscaping.
69. The landscaping plan shall be reviewed and approved by the Marin Municipal Water District
prior to issuance of building permits.
(Wetland Vegetation and Fencing)
70. Increased access to existing wetland habitat in Bayview Marsh and South Pond resulting from
enhancement of the adjacent shoreline path shall be minimized by installation of the fencing
and signage along the shoreline path extension. Appropriate fencing shall be installed which
matches the look and design of exclusionary fencing used elsewhere along the shoreline path to
discourage access. Black clad chain link is required for exclusionary fencing and shall be used
to restrict access into the Bayview Marsh side of the Shoreline Path extension, in addition to
any fencing proposed adjacent to the public paths and seating areas (e.g. post and cable).
71. Restrictive signage shall be installed to identify the wetland habitat and discourage trespass
into the wetland habitat. Such signage shall be similar to the restrictive signage placed
elsewhere along the shoreline path for this purpose.
72. Potential impacts to the wildlife of Bayview Marsh resulting from the proximity of the project
to the marsh shall be minimized by implementing a minimum 75 -foot building setback from
the adjacent Bayview Marsh wetland limit, within which a wetland buffer zone planted with
native vegetation shall be established as indicated on the project plans.
73. The 35- to 70 -foot wide wetland buffer zone shall be implemented as shown on the site plan.
This wetland buffer zone shall be planted with native grasses, forbs, and shrubs (but not trees),
and shall provide an average width of 50 -feet from the wetland limit to the nearest paved
surface on the project site. No type of development shall be located within the vegetated buffer
zone, including parking lots, lighting fixtures, pathways, etc.
74. Proposed fencing shall be placed at the outer edge of the 35- to 70 -foot wetland buffer zone.
This fencing shall be designed to discourage human access into the Bayview Marsh, consistent
with mitigation fencing required for the Shoreline Path Extension above.
75. Fencing shall be installed around the buffer zone during construction.
76. Before installation of new landscaping, the applicant shall remove invasive weeds (such as
fennel, broom, acacia, etc.), if any remain after grading for site preparation and development.
IZ
77. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and
debris. Prior to building final, the applicants shall enter into a landscape maintenance contract
with a qualified professional for the purpose of removing invasive, non-native vegetation and
to ensure native vegetation becomes established and thrives. The landscape maintenance
contract, or a similar contract with a qualified professional, shall remain in force for the life of
the project and may not be discontinued without prior approval by the City. A copy of the
contract shall be provided prior to occupancy. A current copy of all subsequent renewals shall
be provided to the City, thereafter.
(Lighting)
78. A low -impact lighting scheme will be installed in parking lots on the site including those along
the south edge (adjacent to the South Pond) which will provide nighttime safety while
minimizing impacts to wildlife in the adjacent marshes through downward -directed lighting.
79. Maximum intensity lights shall be one -foot candle intensity at property perimeter.
80. There will be no exterior illumination of the buildings. Lights shall be shielded and directed to
keep the pool of light on-site.
81. The garage lights will consist of a four -panel louver so that the light source cannot be seen
from outside the garage.
82. After the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 30 day
lighting level review by the Planning Division staff to insure compatibility with the
surrounding area. All lighting improvements, facilities and fixtures shall be subject to the
review and approval of the Police and Planning Division prior to issuance of a building permit.
This review shall be to insure that all doors and entrances are adequately illuminated and to
insure that all illumination is directed at the subject property.
(Noise Impacts on Wetlands)
83. Prior to issuance of permits, pre -construction bird surveys shall be conducted by a qualified
expert during the breeding season (mid-March through July) in adjacent off-site habitat in
Bayview Marsh and South Pond to determine whether breeding activity of special -status avian
species (principally Black Rail and Clapper Rail) is occurring.
84. Based on the results of the above surveys, the effect of the proposed 35- to 70 -foot wetland
buffer zone from the marsh edge (wetland limit) and the type of construction activities
proposed, a qualified expert shall determine whether there will be potential noise impacts to
sensitive species which require mitigation.
85. Construction activities shall be scheduled to appropriate months of the year, as needed, based
on the results of these surveys to avoid noise impacts on sensitive bird species during periods
of nesting or other sensitive seasonal activities.
(Noise)
86. Construction techniques and materials shall be used to reduce maximum interior helicopter
noise levels to 60 dBA or less at Building 2. Maximum exterior helicopter noise levels at
Building 2 would be about 95 dBA, based on previous acoustical studies. Typical exterior -to -
interior reduction provided by new office building construction would be about 25 to 30 dBA.
The design of the building shall provide for a noise reduction of at least 35 dBA to meet the
City of San Rafael's Noise Element standard for maximum interior noise levels.
87. Before issuing building permits, the designs shall be reviewed by a qualified acoustical
professional to ensure that the appropriate noise reduction for Building 2 is provided to meet
the General Plan noise policies. Should the adjacent helicopter operation be removed
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permanently from the site, the project shall be required to meet the General Plan Noise Element
standards for maximum interior noise levels established for the proposed use.
88. Pile driving noise shall be mitigated by reducing the amount of time that pile drivers are used.
The holes shall be pre -drilled to reduce the number of blows to seat a pile and / or multiple pile
drivers shall be used to substantially reduce the time that pile drivers are used on the project.
89. Adjacent uses and the City shall be notified of the timing and duration of pile driving activities
one week in advance of when the work is scheduled to commence.
Buildina Division
90. An engineered site plan showing all existing and proposed site conditions shall be
submitted with the application for a building permit.
91. A level `B" soils report shall be submitted with the application for a building permit.
92. The project soils engineer shall review and approve the plans submitted for a building
permit for compliance with the recommendations of the project soils report.
93. All earth and foundation work shall be performed under the direction of the project
soils engineer and a final construction report shall be submitted to the City prior to a
final inspection.
94. No mass grading shall occur between Octoberlst and April 15`h without the permission
of the city engineer.
95. An erosion control plan addressing erosion during and after construction shall be
submitted with the application for a building permit.
96. The site shall be "winterized" and all erosion control measures shall be in place prior to
the first day of October.
97. The erosion control plan shall be based on " Best Management Practices".
98. The building final finished floor elevation shall be at elevation +6.0 M.S.L. after 30
years settlement. Certification of the floor elevation shall be provided by a registered
engineer or licensed surveyor prior to approval of the building final inspection.
99. The site plan shall show all existing and proposed drainage conditions.
100. The site plan shall show all existing and proposed sanitary sewer facilities.
101. Any new connections to the sewer main in the street shall require an encroachment
permit.
102. The improvement plans shall show all existing and proposed frontage improvements.
103. All frontage improvements shall be constructed in accordance with the " Uniform
Construction Standards for the Cities and County of Marin".
104. An encroachment permit will be required for the construction of any frontage
improvements.
105. All existing curb, gutter, and sidewalk damaged during construction shall be replaced to
the satisfaction of the city engineer.
106. The improvement plans shall show all existing and proposed site utilities.
107. All utilities shall be placed/installed underground.
108. Any necessary permits from the California Integrated Waste Management Board and
the County of Marin Environmental Health Services shall be obtained prior to the
issuance of a grading permit.
109. Levee improvements shall be in compliance with Title 18 of the San Rafael Municipal Code.
110. Foundation and structural design and construction shall conform to current (1997) Uniform
Building Code standards (or better) for the seismic zone of the site and for the site-specific
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subsurface conditions. The site-specific values, factors, and coefficients under the 1997
Uniform Building Code shall be determined. In addition, the acceleration of the ground surface
and of the levee for the earthquake design shall be determined. The levee and buildings and
improvements not founded on piles into bedrock shall be developed in accordance with
recommended design criteria based on these determinations.
111. A final evaluation to review the inclination of the outboard face of the site and rip -rap needed
to be repaired or replaced for seismic stability and erosion protection shall be conducted, and
necessary stabilization measures shall be implemented before the City either accepts dedication
of the Shoreline Park (and levee) or grants building permits for office building construction.
112. The height of the levee shall be increased by two to three feet through the addition of fill on the
inboard side. Stability of the Bay side of the levee shall be assessed through appropriate
geotechnical evaluations, and additional rock rip -rap shall be placed as needed to fill in or
replace areas where rip -rap is deficient for erosion protection.
113. As part of the levee stabilization, no fill shall be placed on the San Francisco Bay side of the
levee. However, fill shall be placed on the Shoreline Park side of the levee. Fills needed to
stabilize the levee shall be placed so they do not damage the existing underground sanitary
sewer line.
114. In order to mitigate impacts to proposed buildings and their occupants (both in the office and
Corporation Yard parts of the project) due to differential settlements, buildings shall be
founded (e.g. constructed) on piles designed to reduce total settlement to 0.5 inches or less for
each pile supporting the building.
115. In order to mitigate potential damage to underground utilities, their design shall include flexible
couplings, joints, and other elements (such as automatic shut -offs).
116. To mitigate differential settlements between the pile supported buildings and the adjacent
pavements at entrances to garages, loading docks, and building entryways, the exterior adjacent
slabs shall be designed as ramps hinged to the pile supported buildings at one end and
supported at the other end by a footing which will slide. The design of the floating slab shall
be relatively rigid to withstand differential settlement which may cause a tripping hazard and to
carry anticipated loads over the length of the slab assuming it is supported only at the hinge
point and the opposite end of the slab.
117. For the light weight metal framed building proposed for the City Corporation Yard, an
alternative foundation system (such as a reinforced mat or spread footings with jacks) to
compensate for anticipated settlements could be used to mitigate the conditions. Where spread
footings are used, the recommendations for design span length and corner cantilever distance
shall be reviewed and confirmed or revised by a qualified professional considering the expected
severe differential settlement. Also, the jacking system shall be designed to compensate for the
expected amount of settlement.
118. A final settlement analysis shall be prepared, considering the existing grade, the previous soil
stockpiling, and the proposed building loads, to confirm the minimum initial floor elevations
and site grades that are required to meet the City's minimum floor elevations criteria.
119. The site grading and compaction shall be designed to account for potential settlement impacts
on the 84 -inch sanitary sewer line that is on-site and avoid potential impacts related to the
potential 50 year settlement.
120. As an alternative more comprehensive measure, wick drains could be installed, and then the
entire site (not just the building pad areas) would need to be pre -consolidated. If this
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alternative is used, provision shall be made to collect and contain groundwater produced by the
wick system. This water shall be sampled and analyzed before disposal, and the method of
disposal shall be approved by all regulatory agencies having jurisdiction (including the San
Rafael Fire Department and the Regional Water Quality Control Board).
121. The gradient of storm drainage and sanitary sewer systems shall be designed to accommodate
predicted settlements. The improvement plans shall show profiles and grades before and after
settlement.
122. Shallow footings, if used for the Corporation Yard Building, pavements, flat work, and other
elements of the proposed project which would be subject to the forces of expansive soils
identified through such investigations, shall be designed for the site-specific soil conditions. If
shallow footing foundations are proposed, the expansive soils shall be removed to an
appropriate depth and replaced with non -expansive engineered fill, or the expansive soils could
be lime -treated to reduce their swell potential. A jacking system still would be needed to
compensate for long-term settlements of the deeper unengineered fill and Bay Mud.
Public Works
123. It is expected that there will be a need for on-going, long-term repairs to pavements, flat work,
underground utilities, and other improvements which might be damaged by the estimated
settlements, which are expected to be about one foot (over a period of 50 -years). The
developer or project owner shall be required to make repairs as needed as settlements occur on
an as needed basis as part of the facility's maintenance program.
(Water Quality)
124. Because total site size exceeds five acres, the project sponsor shall obtain a stormwater permit
in accordance with the National Pollutant Discharge Elimination System (NPDES).
125. The Notice of Intent for project construction to be submitted to the RWQCB shall include the
detailed description of the project's Stormwater Pollution Prevention Program (SWPPP).
126. The SWPPP shall include all field measures, referred to as Best Management Practices
(BMPs), which the project sponsor proposes to implement to minimize erosion and the
discharge of sediments and chemical constituents to local waterways. To reduce site discharge
of contaminants to South Pond and San Francisco Bay, the BMPs shall include at a minimum:
• A schedule for street / parking lot / garage sweeping during the winter and dry
seasons.
• Measures to minimize immediate post -project erosion and sedimentation and to
establish revegetation of graded and exposed soil surfaces.
• Measures to ensure proper storage and isolation of on-site chemicals.
• Installation of oil separators, fossil filters, or other proven measures for trapping
hydrocarbon residues, sediment, and adsorbed contaminants in site stormwater
runoff, as well as a maintenance schedule for such measures.
• Exposed soil surfaces shall be seeded / revegetated.
• Surface erosion control measures shall be installed (such as biodegradable erosion
control blankets, punched straw, or other equivalent measures to dissipate
raindrop erosive energy).
• Silt fences or straw bales shall be installed if required to minimize the off-site
migration of sediments during the first one to two years after construction. Straw
bale and / or silt fencing may be particularly critical along the northern site
boundary with Bayview Marsh.
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127. The City of San Rafael Department of Public Works shall review and approve the SWPPP
before the Notice of Intent is filed with the RWQCB.
128. A double containment system or other approved storage system shall be provided for
installation, if undertaken in the future, of any underground storage tanks (USTs) at the
Corporation Yard, subject to review and approval of the City of San Rafael Fire Department.
129. The project's drainage plan shall be designed to limit the portion of the 25 -year peak discharge
of the site entering the Kerner Boulevard storm drain system to 9.4 cfs or less. The drainage
plan shall be designed to convey the remainder of site runoff directly to South Pond via the
northern storm drain sub -system.
Fire Department
130. A Fire Department approved Knox keyway system is required to be installed conforming to
Fire Prevention standard 202.
131. Based on Uniform Building Code or Fire Code requirements, an automatic fire sprinkler
system shall be installed throughout, conforming to NFPA Standard 13.
132. The alarms from fire detection system and commercial sprinkler systems shall be monitored by
a UL Central Station company approved by the San Rafael Fire Department and be issued a UL
serially numbered certificate for Central Station Fire Alarms.
133. A permit application shall be submitted to the Fire Prevention Bureau with two sets of plans for
review prior to installation of all automatic and fixed fire extinguishing and detection systems.
Specification sheets for each type of device shall also be submitted for review.
134. A hazardous materials permit is required for your business to operate. The Hazardous
Materials Business Plan must be submitted to the Fire Prevention Bureau with the permit
application prior to occupancy. Handling and disposal of asbestos containing materials, if any,
shall be performed in accordance with the Hazardous Materials Contingency Plan to be
formulated and implemented for the project.
Police De_nartment
(Address)
135. The street numbers shall be displayed in a prominent location on the street side of the property
in such a position that the number is easily visible to approaching emergency vehicles. The
numbers shall be no less than 12 -inches in height and shall be of contrasting color to the
background to which they are attached. The address numbers shall be illuminated during
darkness.
136. There shall be positioned at each entrance of a complex, an illuminated diagram (scaled
schematic drawing of the complex) which shows the location of the viewer and each individual
unit within the complex.
137. Each individual unit within the complex shall display prominent identification number not less
than 6 inches in height, which is easily visible to approaching vehicular or pedestrian traffic.
138. Each building shall display street address numbers at least 24" in height and shall be of
contrasting color to the background to which they are attached. They shall be displayed in a
prominent location on the street side of the property and positioned so that the number is easily
visible to approaching emergency vehicles.
139. The street address and any internal complex addresses shall be in sequence with the numerical
order of the street and buildings.
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(Exterior Lighting)
140. All exterior lighting shall be sufficient to establish a sense of well-being to the pedestrian and
sufficient to facilitate recognition of persons at a reasonable distance. Type and placement of
lighting shall be to the satisfaction of the Police Department, Crime Prevention Officer.
141. All garden and exterior lighting shall be vandal resistant.
142. All exterior lighting shall be on master photoelectric cell set to operate during hours of
darkness.
143. The minimum of one foot-candle (1fc) at ground level overlap shall be provided in all exterior
doorways and vehicle parking areas.
144. The minimum of one-half foot-candle (1/2fc) at ground level overlap shall be provided on
outdoor pedestrian walkways.
145. Lights inside any proposed 24 hour use areas shall remain lighted during hours of darkness.
(Exterior Fixtures)
146. Exposed roof vents and ducts shall be grated or constructed of an impact resistant material to
the satisfaction of the Police Department. Skylights shall be secured and hatch openings shall
be burglary resistant. Glazing shall be of a burglary resistant glass or glass -like material.
(Exterior Doors)
147. All exterior man doors shall be of solid core construction with a minimum thickness of one and
three fourths inches (1-3/4") or with panels not less than nine sixteenth inches (9/16") thick.
Doors leading from garage areas to inside buildings are included in this requirement. Such
doors shall have a dual lock system with a cylinder guard and a hardened steel throw of
minimum one inch long. Both mechanisms shall be keyed the same.
148. Both locking mechanisms shall be interconnected so that both may be disengaged by turning
the doorknob from inside.
149. Metal -framed glass doors shall be set in metal door jambs.
150. Metal framed glass doors shall have a dead bolt lock with a cylinder guard and a hardened steel
throw that is a minimum of one inch long.
151. Exterior jambs for doors shall be so constructed or protected so as to prevent violation of the
function of the strike plate from the outside. The strike plate shall be secured to the jamb by a
minimum of two screws which must penetrate at least two inches into the solid backing beyond
the jamb.
152. Delivery doors shall have a door viewer that provides a minimum of 180 degrees peripheral
vision.
153. Exterior doors that swing outward shall have non -removal hinge pins.
154. In -swinging exterior doors shall have rabbeted jambs.
155. Glass on exterior doors or within 40 inches of an exterior door shall be break resistant glass or
glass -like material to the satisfaction of the Police Department.
(Windows)
156. All windows within 12 feet of the ground level shall have a secondary lock mounted to the
frame of the window. The secondary lock shall be a bolt lock and shall be no less than 1/8 inch
in thickness. The lock shall have a hardened steel throw of 1/2 inch minimum length.
157. Louvered windows shall not be installed within 8 feet of the ground level.
158. Any window within 40 inches of an exterior door shall be stationary and non -removable.
is
(Roof Access)
159. Perimeter walls, fences, trash storage areas etc., shall be built to prevent access to the roof or
balconies.
160. Permanently fixed ladders leading to roofs shall be fully enclosed with sheet metal to a height
of 10 feet. This covering shall be locked against the ladder with a case hardened hasp secured
with non -removable screws or bolts. If a padlock is used, it shall have a hardened steel
shackle, locking at both heel and toe, and have a minimum of 5 pin tumbler operation.
(Landscaping)
161. Barrier or thorny plants may be added to those locations desired by applicant to deter access to
windows or other areas. A list of barrier plants is available from the SRPD Crime Prevention
Office at (415) 485-3114.
162. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture.
Future growth of landscaping must be considered. Applicant is cautioned to beware of creating
a haven for homeless or transient trespassers.
(Street Access - Parking)
163. Post signs and paint driveways/curbs/parking areas red which have emergency access lanes.
164. Have security gates for all enclosed garages under office buildings for both pedestrians and
vehicles, as determined by the Crime Prevention Officer.
165. Provide lattice work for plants that would provide security to openings around parking under
office buildings, as determined by the Crime Prevention Officer.
(Note)
166. Any alternate materials or methods of construction shall be reviewed with the Crime
Prevention Officer before installation.
167. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to
occupancy.
168. The building shall be designed to be radio friendly so that Police and Fire Department portable
radios can transmit and receive while personnel are in the buildings.
(Alarm Systems)
169. An intrusion alarm system shall be installed.
I, JEANNE M. LEONCINI, Clerk if the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council held Monday, the twentieth of March, 2000, by the following vote to wit:
AYES: Councilmembers: Cohen, Miller, Phillips and Vice -Mayor Heller
NOES: Councilmembers: None
ABSENT: Councilmembers: Mayor Boro
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.ANNE M. LEON INI, City Clerk