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)