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Home My WebLink AboutCC Resolution 10684 (Corporate Center Use Permit)RESOLUTION NO. 10684 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN AMENDMENT TO RESOLUTION 10025, USE PERMIT (UP 97-10B) CONDITION NO. 2 FOR THE 406,000 SQUARE FOOT SAN RAFAEL CORPORATE CENTER DEVELOPMENT (FORMERLY FAIR, ISAAC OFFICE PARK DEVELOPMENT) ON 15+ ACRES LOCATED SOUTH OF SECOND STREET, AND FRONTING LINDARO STREET & LINCOLN AVENUE AP# 13-012-28 (ptn.), 13-021-19 and 13-021-42 The City Council of the City of San Rafael finds and determines that: WHEREAS, on February 17, 1998, the City Council adopted Ordinance 1721 establishing PD District (ZC 97-2) and adopted Resolution 10025, conditionally approving an Environmental and Design Review (ED 97-24), Use Permit (UP 97-10) and Tentative Map (TS 97-1) authorizing the development of the 406,000 square foot Fair, Isaac Office Park project on 15 acres in Downtown San Rafael; and WHEREAS, in June 2000, San Rafael Corporate Center, LLP (Wilson/Equity Office, Inc.) filed planning applications with the City, proposing minor changes and amendments to the approved office park project. The minor project amendments include a change in the provisions for a community facility approved for the authorization of a building height bonus. The provisions of the community facility and the building height bonus are authorized under Condition No. 2 of the office park Use Permit (UP 97-10). San Rafael Corporate Center, LLP proposes to replace the approved 10,000 square foot conference/meeting space with: a) a smaller, 2,500 square foot meeting room and b) a privately maintained, publicly -accessible park adjacent to Mahon Creek; and WHEREAS, consistent with the provisions of Section 15164 of the California Environmental Quality Act, an Addendum to the previously certified Final Environmental Impact Report for the Fair, Isaac Office Park Development (FEIR) has been prepared to analyze the proposed project changes and was adopted by separate resolution of the City Council; and WHEREAS, on July 25, 2000, the Planning Commission held a duly noticed public hearing on the proposed project and amendment to Condition No. 2 of the office park Use Permit, accepting public testimony and the written report of the Department of Community Development staff. On a 4-0-3 vote (Atchison and Lang absent and Kirchmann abstaining), the Planning Commission adopted Resolution 00-16 recommending to the City Council the approval of the application; and WHEREAS, on August 7, 2000, the City Council held a duly noticed public hearing on the proposed application for the amendment to Condition No. 2 of the office park Use Permit, accepting public testimony and the written report of the Department of Community Development staff. NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council finds that there is substantial evidence in the record showing that the amendments to the office park project are consistent with the policies and programs of the San Rafael General Plan 2000 and the provisions of the San Rafael Zoning Ordinance (Title 14) of the Municipal Code. The City Council hereby conditionally approves the amendment to Use Permit (UP -97-1013) Condition No. 2, based on the following findings: Findings for Amendment to Use Permit (UP 97-10b) (San Rafael Municipal Code Section 14.22.080) The proposed park use adjacent to Mahon Creek would be consistent with the policies and programs of the San Rafael General Plan 2000 in that: a) the privately maintained, publicly accessible park use would be consistent with the sites land use designation of the Land Use Element (Lindaro Office) and would not impact the approved office park use of the site or the maximum floor area ratio limits adopted for the site by Policy LU -14 (Intensity of Commercial 2 and Industrial Development), b) the building heights authorized under this use permit would be consistent with Policy LU -21 (Building Heights) by incorporating public use of the park area, and C) the proposed park use would be consistent with Policies DT -12 (Lindaro Office District) and DT -24 (Lindaro Office District) by providing a well-planned office park development, which allows public access in the Downtown San Rafael area. 2. The proposed park use will not be detrimental to the health, safety or welfare, or be materially injurious to properties or improvements in the vicinity, or to the general welfare of the City in that: a) conditions of approval have been incorporated into the use permit to ensure that the park area would be privately patrolled and closed after dusk to ensure adequate security, b) that public use of the park area would be guaranteed, in perpetuity, through the recording of a public access easement, and C) use of the park area for special events requires compliance with special rules and regulations to ensure that such events are organized and managed without nuisance. 3. The proposed amendment to the approved Use Permit would be consistent with the provisions of Section 14.16.190 of the San Rafael Municipal Code, which permits building height bonuses in the Downtown area. The height bonus is consistent with the provisions of the ordinance in that, the project incorporates public use of a privately maintained park area. Amendment to Use Permit (UP 97-10b) Condition No. 2 Use Permit (UP 97-10) Condition No. 2, provided in Resolution 10025- Exhibit 3C shall be replaced in its entirety, as follows: ?. The Use Permit approved a building height bonus for Buildings A (Phase I), C, D and E (Phase II) conditioned upon providing permanent, public access, use and availability of the landscaped park area located on the south side of the office campus (south of and between Buildings A and B, bordered on the south by Mahon Creek). The park area shall be owned, in -fee, and permanently maintained by the property owner and/or the association of owners within the office park. Prior to the occupancy of Buildings A and B, the park area improvements (landscaping, lighting, paths and fencing) shall be completed for public use. In addition, a permanent public access easement shall be recorded over the park area prior to the occupancy of Buildings A and B or prior to the recording of a Final Map (TS 97-1), whichever occurs first. The public use of the park area shall be subject to the following conditions: General Park Use a. For day-to-day general use, the park area shall be permanently accessible to the public, year round (365 days) and during the daylight hours (dawn to dusk). b. The property owners and/or the association of owners within the office park shall be responsible for daytime and evening security of the park area. C. Fencing and security gates shall be provided and permanently maintained at both the Lindaro Street and Lincoln Avenue entrances to the park area (south of Buildings A and B). The security gates shall be left open during the daylight hours and closed after dark. Signage shall be installed at these entrance gated identifying the park and hours for public access. Special Events and Activities d. Public use of the park area, and the 2,500 square foot conference/meeting room space provided in Building A for special events and activities shall be scheduled by appointment, made through the property owner and/or association of owners within the office park. The property owner and/or association of owners shall designate a property manager to oversee the management and scheduling of special events and activities. n e. First priority for use of the park area and the 2,500 square foot conference/meeting room space provided in Building A for special events and activities shall be given to not-for-profit organizations, homeowners associations and neighborhood groups/associations within the City of San Rafael, schools within the City of San Rafael, and the City of San Rafael. No user fees shall be charged to the qualified users for special event use of the park area and/or the 2,500 square foot conference/meeting room space, except for deposit fees required for clean-up and security. f. Use of the park area for special events and activities shall include public access to restrooms and water fountains located within Buildings A and/or B. If these facilities are not available, portable restrooms shall be provided in the park area at no cost to the user. g. Users of the park area and the 2,500 square foot conference/meeting room space provided in Building A for special events and activities shall be subject to compliance with specific rules, regulations and guidelines, which are to be maintained by and provided to the user by the property owner and/or association of owners within the office park development. Prior to the issuance of a building permit for Buildings A and B, these rules, regulations and guidelines shall be prepared and submitted to the City for review and approval by the staff and the Park and Recreation Commission. The rules, regulations and guidelines shall be based on the public facility use regulations currently implemented by the City. The final, approved rules, regulations and guidelines shall be maintained on file with this Use Permit. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on Monday, the seventh of August,2000, by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT/DISQUALFIED: COUNCIL MEMBERS: ccres-up.wls Cohen, Heller, Miller and Mayor Boro None Phillips (due to conflict of interest) 6 JEAVNE M. LEONCINI, City Clerk