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HomeMy WebLinkAboutCC Resolution 10740 (Fairchild Property Negative Declaration)RESOLUTION NO. 10740 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR A PLANNED DEVELOPMENT (PD) ZONING ORDINANCE AMENDMENT (ZC 00-5), MASTER USE PERMIT (UP 00-11), ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED 00-36) AND LOT LINE ADJUSTMENT (S 00-8) FOR A 130,000 SQUARE FOOT MULTI -TENANT LIGHT INDUSTRIAL/OFFICE DEVELOPMENT LOCATED AT 4300 REDWOOD HIGHWAY (APN: 155-110-05 AND 155-110-06) (FORMER FAIRCHILD PROPERTY) The City Council of the City of San Rafael finds and determines that: WHEREAS, on September 18, 2000, applications submitted to the City of San Rafael requesting approval of a Planned Development Rezoning, Master Use Permit, Environmental and Design Review Permit and Lot Line Adjustment to construct a multi -tenant light industrial and office complex on a 10.0 acre site were deemed complete for processing by the Community Development Department; and WHEREAS, consistent with the requirements of the City of San Rafael Environmental Review Procedures and the provisions of the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration was prepared finding that the proposed project would not result in significant environmental effects in that revisions to the project have been made or agreed to by the project proponent to mitigate potential adverse impacts; and WHEREAS, consistent with the provisions of CEQA, a Mitigation Monitoring and Reporting Program has been prepared to implement the project mitigation measures and to accompany the Mitigated Negative Declaration; and WHEREAS, notices regarding the Initial Study/Mitigated Negative Declaration prepared for this project were a) published in a local newspaper of general circulation in the area, b) provided to the County Clerk, c) mailed . to surrounding property owners within 300 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups, and d) sent to the State Clearinghouse of the State of California Department of Planning and Research pursuant to California Government Code Section 15105(b); and WHEREAS, copies of the Initial Study/Mitigated Negative Declaration were made available for a 30 -day review period by pertinent agencies and interested members of the public, commencing on September 25, 2000; and WHEREAS, on October 24, 2000, the Planning Commission held a public hearing on the proposed Initial Study/Mitigated Negative Declaration, accepting public testimony and the written report of the Department of Community Development. The Planning Commission, on a 6-0-1 vote (Commissioner O'Brien Absent), recommended to the City Council adoption of the Negative Declaration; and WHEREAS, on November 6, 2000, the City Council held a duly noticed public hearing on the proposed Initial Study/Mitigated Negative Declaration, accepting public testimony and the written report of the Department of Community Development, as well as the verbal presentation of City staff and consultants. NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council does hereby adopt the Mitigated Negative Declaration and approve the Mitigation Monitoring and Reporting Program as presented in Exhibit "A" based on the findings that: a) The City Council exercised its independent judgment in evaluating the Mitigated Negative Declaration, and the Mitigated Negative Declaration has been considered in conjunction with comments received during the public review period and at the Planning Commission hearing. Based on this review, the City Council has determined that the Mitigated Negative Declaration for the project is consistent with the provisions of the California Environmental Quality Act (CEQA) and in accordance with the City of San Rafael Environmental Review Procedures in that an Initial Study has been prepared on the project which determined that there is no substantial evidence that the project will have a significant impact on the environment, revisions have been made to the project and have been included in the project as mitigation measures which reduce the potential impacts to less -than -significant levels, and public Notice of the intent to adopt the Mitigated Negative Declaration has been completed pursuant to state law, and b) A Mitigation Monitoring and Reporting Program has been prepared to ensure implementation of and compliance with all measures required to mitigate all impact to less -than -significant levels. 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 sixth of November, 2000, by the following vote, to wit: AYES: Councilmembers: Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Cohen JE M. LEONCINI, City Clerk CC Reso, MND Approval, 4300 Redwood, 110600.doc EXHIBIT "A" Mitigation Monitoring and Reporting Program a Mitigation Measure I. AESTHETICS I.D.1 All lights used to illuminate the project buildings, roadways, or other facilities, including common area and other exterior or interior areas, shall be designed and located so that directional lighting does not spill over onto adjacent properties. In addition to directional lighting, lighting should be a minimum intensity (wattage) of 0.5 foot candle or as otherwise necessary for public safety. A Final Lighting Plan shall be submitted to the City of San Rafael for review and approval. Project design and architectural treatments shall incorporate additional techniques to reduce light and glare, such as use of low reflectivity glass, subdued colors for building materials in high visibility areas, and the use of plant material along the perimeter of the structures to soften views. III. AIR QUALITY III.B.1 The project contractor shall implement the following dust control measures: Water areas of exposed earth surfaces during the construction and grading process (early morning and early evening). Avoid overfilling of trucks so that any potential spillage in the public right-of-way is minimised. The contractor shall be required to clean all spillage in the public right-of-way. The project sponsor shall submit a construction logistics plan that identifies the routing of all transported earth material. ill MITIGATION MONITORING AND REPORTING PROGRAM Light Industrial Project; 4300 Redwood Highway; September 2000 Implementation Monitoring Monitoring/Reporting Procedure Responsibility Action & Schedule Require as a condition of project approval. Prepare lighting plan subject to Design Review. Prepare final lighting plan for City staff review and approval. Require as a condition of approval. Draft construction logistics plan to include limited hours of operation for grading, excavation and construction and on-site staging area. Review and approval of construction logistics plan. Project contractor implements approved construction logistics plan. Planning Division Project Sponsor Planning Division Planning Division Project Sponsor Planning Division Building Division Building Division Draft and incorporate condition as part of project approval. Prior to approval of Design Review. Non -Compliance Sanction/Activity Deny project. City staff delays approval of Building Permit. Approve plan prior to City staff delays approval approval of Building Permit of Building Permit Draft and incorporate Deny project. condition prior to approval of project. Submit plan with City staff denies application for a grading or application filing. Building Permit Approve plan prior to Deny issuance of a issuance of a grading or grading or Building Building Permit Permit Complete inspections Halt construction. during grading or construction. Monitoring Compliance Record (Name/Date) MITIGATION MONITORING AND REPORTING PROGRAM Light Industrial Project; 4300 Redwood Highway; September 2000 Implementation Monitoring Monitoring/Reporting Mitigation Measure Procedure Responsibility Action & Schedule V. CULTURAL RESOURCES V.B.1 In the event that archaeological and historic artifacts Require as a condition of project Planning Division Draft and incorporate are encountered during project construction, all work approval. condition prior to project in the vicinity of the find will be halted until such approval. time as the find is evaluated by a qualified archaeologist and appropriate mitigation (if Halt construction if archaeological Planning Division Inspect site and halt necessary) is implemented. resources are encountered during Building Division grading and construction. grading/excavation. In the event of the accidental discovery or recognition of any human remains in any location If necessary, archaeologist hired by Planning Division Report submitted with other than a dedicated cemetery, the following steps project sponsor to complete an Building Division recommended measures. will be taken: archaeological investigation. a. There shall be no further excavation or Appropriate mitigation is implemented Building Division Complete site inspections disturbance of the site or any nearby area (capping, removal, etc.) Archaeologist following implementation reasonably suspected to overlie adjacent of remediation measures. human remains until: (1) The coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and (2) If the coroner determines the remains to be Native American: (a) The coroner shall contact the Native American Heritage Commission within 24 hours. (b) The Native American Heritage Commission shall identify the person or persons it believes to be most likely descended from the deceased Native American. 2 Non -Compliance Sanction/Activity Deny project. Pursue legal remedies (e.g., injunction) Deny project sponsor ability to proceed with grading and construction. Deny project sponsor ability to proceed with grading and construction. Monitoring Compliance Record (Name/Date) Mitigation Measure V.B.1 (continued) c) The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public resources Code Section 5097.98, or b. Where the following conditions occur, the landowner or his authorized representatives shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. (1) The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission. (2) The descendent identified fails to make a recommendation; or (3) The landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. MITIGATION MONITORING AND REPORTING PROGRAM Light Industrial Project; 4300 Redwood Highway; September 2000 Implementation Monitoring Monitoring/Reporting Procedure Responsibility Action & Schedule Non -Compliance Monitoring Compliance Sanction/Activity Record (Name/Date) Mitigation Measure VI. GEOLOGICAL PROBLEMS VI.A.1 Geotechnical analysis of the buried stratum of liquefiable sand on the project site generally indicates that there is no liquefaction occurrence when subsurface soils that are more dense and compacted are of sufficient thickness. However, where applicable, excavated material shall be cleared of any obstructions/debris and then recompacted pursuant to the recommendations identified in the Geotechnical Investigation (Donald E. Banta & Associates, Inc. July 13, 2000) prior to building construction. Other recommendation include the following measures: A shallow foundation system shall be utilized if the upper five feet of existing soil is recompacted in conjunction with a three -foot -thick (minimum) soil cement mat beneath spread footings. A soil -cement mat shall be constructed which extends at least to an elevation of +5 feet over the entire building footprint. The soil -cement mat shall be constructed by excavating the native soils and mixing the soils with 5 percent Portland cement. The cement -treated soil shall then be placed in lifts and compacted. The soil -cement mat shall cover each building pad in its entirety and extend a minimum of seven feet horizontally beyond the outside edge of the perimeter foundation. The soil - cement mat shall extend at least three feet below the footing bearing level or to an elevation of five feet, whichever is deeper. The combination of the soil - cement mat and clayey overlying soils would provide sufficient resistance so that no surface manifestation of liquefaction would occur on the project site. VI.C.1 All recommendations of the project Geotechnical Investigation (Donald E. Banta & Associates, Inc., July 13, 2000 shall be implemented by the project developer prior to building construction, including, but not limited to, recommendations for the following: (1) differential settlement/slab installation; (2) uniform MITIGATION MONITORING AND REPORTING PROGRAM Light Industrial Project; 4300 Redwood Highway; September 2000 Implementation Monitoring Monitoring/Reporting Procedure Responsibility Action & Schedule Require as a condition of project approval. Site monitored by project geologist or geotechnical engineer. Review and approval of final grading plan based on recommendations presented in the geotechnical investigations prepared for the project. Project contractor completes debris clean-up and site grading improvements consistent with final grading plan. Require as a condition of project approval. Site monitored by project geologist or geotechnical engineer. Planning Division Project Sponsor Building_Division Building Division Planning Division Project Sponsor oq, 4 Draft and incorporate condition prior to approval of project. For first three years following commencement of grading and construction. Prior to approval of the Building Permit or issuance of Grading Permit. Complete inspections during grading or construction. Draft and incorporate condition prior to approval of project. For first three years following commencement of grading and construction. Non -Compliance Sanction/Activity Deny project. City staff delays approval of Grading Permit. Deny issuance of Grading Permit. Halt construction until grading is corrected. Deny project. City staff delays approval of Building Permit. Monitoring Compliance Record (Name/Date) MITIGATION MONITORING AND REPORTING PROGRAM Light Industrial Project; 4300 Redwood Highway; September 2000 Implementation Monitoring Monitoring/Reporting Mitigation Measure Procedure Responsibility Action & Schedule VI.CI (continued) support for exterior slabs/pavements; (3) excavation of Review and approval of final grading Engineering Division Prior to approval of the materials; (3) trench backfill; (4) surface drainage; (5) plan based on recommendations Building Permit or issuance compaction; (6) subgrade conditions; (7) fill material; presented in the geotechnical of a Grading Permit. (8) soil -cement mat installation; (9) seepage control; investigations prepared for the project. seismic hazards; and, (11) construction observation. VI.D.1 The recommendations of the project Geotechnical Investigation (Donald E. Banta & Associates, Inc., July 13, 2000) shall be implemented by the project applicant prior to building construction. Interior and exterior slabs -on -grade shall be founded on on-site or imported non -expansive compacted structural fill. Non -expansive fill shall be required continuously from the bottom of footings (top of the soil -cement mat) to the bottom of the floor slab. Project contractor completes debris clean-up and site grading improvements consistent with final grading plan. Require as a condition of project approval. Site monitored by project geologist or geotechnical engineer. Review and approval of final grading plan based on recommendations presented in the geotechnical investigations prepared for the project. Project contractor completes debris clean-up and site grading improvements consistent with fmal grading plan. Engineering Division Building Division Planning Division Project Sponsor Building Division Building Division 5 Complete inspections during grading or construction. Draft and incorporate condition prior to approval of project. For first three years following commencement of grading and construction. Prior to approval of the Building Permit or issuance of a Grading Permit. Complete inspections during grading or construction. Non -Compliance Sanction/Activity Deny issuance of Grading Permit. Halt construction until grading is corrected. Deny project. Deny issuance of Grading Permit. Deny -issuance of Grading Permit. Halt construction until grading is corrected. Monitoring Compliance Record (Name/Date) li MITIGATION MONITORING AND REPORTING PROGRAM Light Industrial Project; 4300 Redwood Highway; September 2000 Implementation Monitoring Monitoring/Reporting Mitigation Measure Procedure Responsibility Action & Schedule VII. HAZARDS/IUZARDOUS MATERIALS VII.D.1. The Remedial -Action Plan (RAP) shall be approved by Require as a condition of project RWQCB prior to issuance of a grading or Final Map approval. for the project site, whichever comes first. VII.D.2. The project developer shall prepare a Hazardous Require as a condition of project Materials Health and Safety Plan to integrate all approval. requirements of the RWQCB that shall be submitted to the City prior to issuance of any grading or Final Map for the project site. Prepare Health and Safety Plan. Review and approval of Health and Safety Plan. Implement Health and, Safety Plan XI. NOISE XI.A.1 To minimise noise impacts to adjacent uses associated Require as a condition of project with construction, hours of construction shall be approval. limited to 7:OOAM to 6:OOPM Draft construction logistics plan to include limited hours of operation for grading, excavation and construction and on-site staging area. Non -Compliance Monitoring Compliance Sanction/Activity Record (Name/Date) Planning Division Draft and incorporate Deny project. condition prior to project approval. Planning Division Draft and incorporate Deny project. condition prior to project approval. Project Sponsor Prior to issuance of a Deny Grading Permit. Grading Permit. Regional Board (RWQCB) Prior to issuance of a Deny Grading Permit. Fire Department _ Grading Permit. Community__ Development Dept. Complete site inspections. Deny final acceptance of Planning Division completed improvements. Planning Division Draft and incorporate Deny project. condition prior to approval of project Project Sponsor Submit plan with City staff denies application for a Grading or application filing. Building Permit Review and approval of construction Planning Division logistics plan. Building_Division Project contractor implements approved Building Division construction logistics plan 0 Approve plan prior to issuance of a Grading or Building Permit Complete inspections during grading or construction. Deny issuance of a Grading or Building Permit Halt construction. Mitigation Measure XI.D.1 A construction logistics plan shall be prepared and implemented by the project applicant to limit activities for grading and construction to specific daylight hours only and to minimise construction noise disturbance to surrounding residents. Hours of work during project construction shall be limited to weekdays only, from 7:30 A.M. to 5:30 P.M. MITIGATION MONITORING AND REPORTING PROGRAM Light Industrial Project; 4300 Redwood Highway; September 2000 Implementation Monitoring Monitoring/Reporting Procedure Responsibility Action & Schedule Require as a condition of project Planning Division approval. Draft construction logistics plan to Project Sponsor include limited hours of operation for grading, excavation and construction and on-site staging area. Review and approval of construction Planning Division logistics plan. Project contractor implements approved Building Division construction logistics plan. XV. TRANSPORTATION/TRAFFIC Deny issuance of a XVA.1. Grading or Building The project developer shall prepare a Construction Require as a condition of project Logistics Plan to ensure that construction related truck approval. trips are scheduled outside of the peak morning and evening peak hour traffic periods. The plan shall be submitted to the City Engineer for review and approval Draft construction logistics plan to prior to the issuance of grading or Final Maps. If include limited hours of operation for required based on the above plan, the project developer grading, excavation and construction shall obtain transportation permits from the City to and on-site staging area. regulate the operation of construction trucks hauling fill material into or out of the project site. Review and approval of construction logistics plan. Non -Compliance Monitoring Compliance Sanction/Activity Record (Name/Date) Draft and incorporate Deny project. condition prior to approval of project. Submit plan with City staff denies application for a Grading or application filing. Building Permit Approve plan prior to issuance of a Grading or Building Permit Complete inspections during grading or construction. Deny issuance of a Grading or Building Permit Halt construction. Planning Division Draft and incorporate Deny project. Building Division condition prior to approval of project. Project Sponsor Submit plan with City staff denies application for a Grading or application filing. Building Permit Planning Division Project contractor implements approved Building Division construction logistics plan. XVA.2. The project developer shall pay the North San Rafael Require as a condition of project Building Division Traffic Mitigation Fee of $2,884.00 per PM peak approval. hour trip prior to issuance of Final Maps. Approve plan prior to Deny issuance of a issuance of a Grading or Grading or Building Building Permit. Permit Inspections during grading/ Halt construction. construction. Submittal of Building Denial of Building Permit Application Permits Is MITIGATION MONITORING AND REPORTING PROGRAM Light Industrial Project; 4300 Redwood Highway; September 2000 Implementation Monitoring Monitoring/Reporting Mitigation Measure Procedure Responsibility Action & Schedule XV.D.1. The project shall submit plans to the City Engineer for Project Engineer and City Engineer Building Division review and approval to restripe and/or reconfigure Review and Analysis of Site Plan and Redwood Highway at the project access points to Roadway Configuration Relative to accommodate a left tun pocket prior to issuance of Peak Hour Left Tum Movements. Final Maps. XVg.l The project site plan shall provide accommodations Site Plan Review Planning Division for the existing bus stop located on the project site Project Sponsor Coordination with Bus prior to obtaining Final Maps. The bus stop shall Route Operator conform to the requirements of the local bus operation authority consistent with the current level of improvements at the on-site bus stop. E-1 Review of Building Permit for Engineering Approval of Roadway Plans Review and approval of Building Permit Non -Compliance Sanction/Activity Denial of Building Permits Deny approval of Building Permit Monitoring Compliance Record (Name/Date)