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HomeMy WebLinkAboutCC Resolution 10741 (Fairchild Property Use Permit)RESOLUTION NO. 10741 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MASTER USE PERMIT (UP 00-11), ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED 00-36), AND LOT LINE ADJUSTMENT (S 00-8) FOR DEVELOPMENT OF A 130,000 SQUARE FOOT MULTI -TENANT LIGHT INDUSTRIAL COMPLEX LOCATED AT 4300 REDWOOD HIGHWAY. (APN: 155-110-05 AND 155-110-06) (FORMER FAIRCHILD PROPERTY) WHEREAS, on September 23, 2000 the City of San Rafael Planning Division deemed planning applications submitted by Keenan-Lovewell Ventures for development of the 10.0 acre Fairchild site were deemed complete for processing; 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, upon review of the applications, a Mitigated Negative Declaration was prepared for the project and made available for public review on September 25, 2000 consistent with the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the City Council adopted the Mitigated Negative Declaration by a adoption of a separate resolution; and WHEREAS, on October 24, 2000, the City of San Rafael Planning Commission held a duly noticed public hearing on the proposed Master Use Permit, Environmental and Design Review Permit and Lot Line Adjustment requests, accepting all oral and written public testimony and the written report of the Planning Division staff, and WHEREAS, consistent with Planning Commission Resolution recommending approval of the Planned Development District Rezoning (ZC00-5) and Development Plan prepared for the project, the Planning Commission on a 6-0-1 vote (Commissioner O'Brien absent) recommended that the City Council adopt findings and conditions of approval of the Master Use Permit, Environmental and Design Review Permit and Lot Line Adjustment requests. WHEREAS, on November 6, 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. ��r �` °seri C€, �'.l —® NOW THEREFORE BE IT RESOLVED, that the City Council approves the Master Use Permit, Environmental and Design Review Permit and Lot Line Adjustment requests, based on the following Findings and the Conditions of Approval: FINDINGS MASTER USE PERMIT FINDINGS 1. The proposed use is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of the district in which the site is located given that the project fully complies with the development standards and uses permitted in the Planned District Zoning adopted for the site. The PD zoning distirct has been determined to be compatible with the General Plan Light Industrial/Office land use designation and the policies and programs which apply to the site. 2. The proposed use, 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 given that; 1) the proposed light industrial, office and warehouse land uses are compatible with the surrounding commercial, office and industrial land uses, and; 2) On- and off-site improvements are proposed which will ensure that traffic circulation conflicts will not result, and the proposed mix of uses will be monitored at the time of building permit and business license application to ensure that the permitted mix of uses, parking standards and traffic standards are met. 3. The proposed use complies with each of the applicable provisions of the Zoning Ordinance given that the proposed light industrial and office complex must conform with the specific limitations on the types and intensities of specific occupancies that are contained in the Development Plan adopted for the site. ENVIRONMENTAL AND DESIGN REVIEW PERMIT FINDINGS The project design is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of Zoning Ordinance Chapter 25, Design Review Standards, given that the project has been reviewed by the Design Review Board and recommended for approval because it substantially satisfies the General Plan and Zoning Ordinance Design Criteria established for Light Industrial development on the site by proposing high quality architecture and materials, appropriate site landscaping and creek setbacks, and considers views of the project from off-site and Highway 101. 2. The project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines established by the PD Zoning District adopted for the site given that the site and parking lot landscaping exceed the requirements established under the conventional LFO Zoning District and the project satisfies the Chapter 25 Design Criteria as discused in Finding # 1 above. 2 3. The project design minimizes adverse environmental impacts by providing the maximum 50 foot hardscape setback and 100 foot building setback from wetlands, by providing an 85 -foot building setback from Redwood Highway with the complex divided into a series of smaller buildings which provides a visual break in the development, and the project includes substantial building setbacks from the side and rear property lines with landscaping along the entire perimeter which provides additional visual buffers from surrounding development and off-site views. 4. The project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity given that the project meets the development standards established in the General Plan including FAR, trip allocations, traffic and setbacks. LOT LINE ADJUSTMENT FINDINGS 1. The Lot Line Adjustment is between two adjacent existing parcels. 2. A greater number of parcels than originally existed will not be created as a result of the lot line adjustment because the adjustment merges two parcels into a single parcel. 3. The parcel resulting from the lot line adjustment conforms to the City zoning and building ordinances given that the parcel size is increased and an interior lot line will be eliminated to permit development of structures and improvements within a single parcel. CONDITIONS OF APPROVAL MASTER USE PERMIT CONDITIONS General Proiect Conditions of Approval: Planning Division 1. Except as modified herein, the Master Use Permit (UP 00-11) authorizes development of the 10.0 acre site in accordance with the Planned Development approval (ZC 00-5) and associated Development Plan, which lists the permitted uses, permitted maximum square footages and mixes of uses, and development standards for development of the site. 2. 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 00-5), the PD zoning regulations and the General Plan FAR and Trip Allocations. 3. 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. The Use Permit shall be subject to all conditions of approval of ED 00-36 and any amendments thereof. 3 4. This Master Use Permit shall be valid for a period of two years, or until November 6, 2002 and shall be null and void unless a building permit is issued and construction diligently pursued, or a time extension is requested. Prior to Issuance of Grading Permits: Planning Division 5. Development of the site shall be contingent upon the project's valid (i.e. not exbired) Priority Project Procedure (PPP) approval granted by the City Council in accordance with the City's PPP process. All requirements of the PPP approval shall apply to the Use Permit approval. ENVIRONMENTAL AND DESIGN REVIEW PERMIT CONDITIONS General Proiect Conditions of Approval: Plannin,4 Division 6. 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. Said plans are referenced as Exhibits to the project Staff Report to the Planning Commission on October 24, 2000 and City Council on November 6, 2000 and stamped approved in the Planning Division file. Any future additions, expansions, remodeling, etc., shall be subject to the review and approval of the Planning Division. 7. This environmental and design permit is subject to the adopted PD zoning regulations (ZC 00-5) and all conditions of approval applicable to Use Permit 00-11, and any subsequent amendments thereto. 8. This design review approval ED 00-36 shall be valid for two years from approval or until November 6, 2002, and shall be null and void if a building permit is not issued or a time extension granted. (Aesthetics) 9. Pursuant to Mitigation Measure 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. 10. All Lighting shall be subject to a 30 day lighting level review period to ensure excessive glare or off-site impacts do not result. 11. The applicant shall underground utility lines located along the property frontage subject to review and approval by the utility agency(s) and the Public Works Director. C! 12. A sign program shall be approved by the Community Development Director before signage is installed. The final sign program shall be subject to review and approval by the Design Review Board, and shall be redesigned to respond to the Board's comments that it be developed further for individual tenant needs. Building Division 13. All utilities shall be underground. 14. Parking lot lighting shall be installed. The number, location, and type of lights shall be subject to the approval of the Police, Community Development, and Public Works Departments. Fire Department 15. All meetings with, or inspections by the Fire Department shall require a minimum 24 hour advance appointment. 16. Fire alarms shall be installed conforming to fire prevention standards. The Fire Alarms from fire detection systems and commercial fire 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 Fire Station Alarms. 17. A Fire Department approved Knox Keyway System is required to be installed conforming to Fire Prevention Standard 202. 18. Addresses shall be posted conforming to Fire Prevention Standard 205 and 205A. Police Department (Address) 19. 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. 20. Each individual unit within the complex shall display a prominent identification number not less than 6 inches in height, which is easily visible to approaching vehicular or pedestrian traffic. 21. The street address and any internal complex addresses shall be in sequence with the numerical order of the street and buildings. (Exterior Lighting) 22. 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. 23. All garden and exterior lighting shall be vandal resistant. 24. All exterior lighting shall be on a master photoelectric cell set to operate during hours of darkness. 25. The minimum of one foot-candle (lfc) at ground level overlap shall be provided in all exterior doorways and vehicle parking areas. 5 26. The minimum of one-half foot-candle (1/2fc) at ground level overlap shall be provided on outdoor pedestrian walkways. 27. Lights inside any proposed 24 hour use areas shall remain lighted during hours of darkness. (Exterior Fixtures) 28. 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) 29. 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. 30. Both locking mechanisms shall be interconnected so that both may be disengaged by turning the doorknob from inside. 31. 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. 32. Exterior doors that swing outward shall have non -removal hinge pins. 33. In -swinging exterior doors shall have rabbeted jambs. 34. Metal -framed glass doors shall be set in metal door jambs. 35. 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. 36. 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. 37. Delivery doors shall have a door viewer that provides a minimum of 180 degrees peripheral vision. (Windows) 38. 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. 39. Louvered windows shall not be installed within 8 feet of the ground level. 40. Any window within 40 inches of an exterior door shall be stationary and non -removable. (Roof Access) 41. Perimeter walls, fences, trash storage areas etc., shall be built to prevent access to the roof or balconies. 42. 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) 43. 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. 0 44. 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) 45. Post signs and paint driveways/curbs/parking areas red which have emergency access lanes. (Site Conditions and Location) 46. Wire buildings so that emergency radio communication systems will work in large concrete areas. (Alarm Systems) 47. Buildings shall be wired for alarm systems. (Note) 48. Any alternate materials or methods of construction shall be reviewed with the Crime Prevention Officer before installation. 49. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to occupancy. 50. 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) 51. An intrusion alarm system shall be installed. Prior to Issuance of Grading Permits: Planning Division 52. Pursuant to project 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 minimize construction noise disturbance to surrounding residents. (Hazardous Materials -Construction Impacts) 53. Pursuant to Mitigation Measure VII.D.1, a Final Remedial Action Plan (RAP) shall be approved by the Regional Water Quality Control Board (RWQCB) prior to issuance of a grading or building permit for the project site, whichever comes first. 54. Pursuant to Mitigation Measure VII.D.2., the project developer shall prepare a Hazardous Materials Health and Safety Plan to integrate all requirements of the RWQCB that shall be submitted to the City prior to issuance of any grading or building permit for the project site. Building Division 55. An engineered site plan showing all existing and proposed site conditions shall be submitted with the application for a grading or building permit. 56. A level `B" soils report shall be submitted with the application for a building permit. 57. Pursuant to Mitigation Measure VI.A.1, 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. 7 58. An erosion control plan addressing erosion during and after construction shall be submitted with the application for a building permit. 59. The erosion control plan shall be based on " Best Management Practices." 60. A Stormwater Pollution Prevention Plan shall be filed with the Regional Water Quality Control Board prior to the issuance of a grading or building permit. 61. The site plan shall show all existing and proposed drainage conditions. 62. The site plan shall show all existing and proposed sanitary sewer facilities. 63. The improvement plans shall show all existing and proposed frontage improvements. 64. The improvement plans shall show all existing and proposed site utilities. Public Works (Water Quality) 65. A Notice of Intent for project construction shall be submitted to the RWQCB which includes a detailed description of the project's Stormwater Pollution Prevention Program (SWPPP). 66. The SWPPP shall be submitted to the City of San Rafael Department of Public Works before the Notice of Intent is filed with the RWQCB. 67. Pursuant to Mitigation Measure XV.D.1, the project shall submit plans to the City Engineer for review and approval to restripe and/or reconfigure Redwood Highway at the project access points to accommodate left turn pockets prior to issuance of building permits. 68. Pursuant to Mitigation Measure IU.B.1, the project sponsor shall submit a construction logistics plan that identifies the routing of all transported earth material. 69. Pursuant to Mitigation Measure XV. g.1, the project site plan shall provide accommodations for the existing bus stop located on the project site prior to obtaining building permits. The bus stop shall conform to the requirements of the local bus operation authority consistent with the current level of improvements at the on-site bus stop. Fire Department 70. Plans shall indicate 20 -foot on-site driveways per SRFD standards. Prior to Issuance of Buildine Permits: Planning Division 71. Permits for construction of building foundations may be obtained prior to recordation of the final lot line adjustment document and approval of the final landscaping and lighting plans. 72. The final lot line adjustment document merging the two parcels into a single parcel shall be submitted for approval by the City Engineer and recorded with the County Recorder. 73. The applicant shall submit a final landscaping plan for review and approval by the Design Review Board. The final landscape plan shall include revisions indicating alternative landscaping to the Redwood hedgerow proposed along the north and east property line and to consider more variation in landscaping on the east side that considers the adjacent tenants and their needs. 74. The final landscape plan shall address the landscaping concept proposed for the landscape parking reserve area. 75. The landscaping plan shall be reviewed and approved by the Marin Municipal Water District prior to issuance of building permits. 76. The final lighting plan shall be submitted for review and approval by the Design Review Board. The final plan shall be consistent with the preliminary lighting plan reviewed by the Design Review Board on August 8, 2000 and Mitigation Measure I.D.1, and shall be revised to show the height of light standards to be used in the parking lot, as well as the location and number of each type, to ensure that lighting does not create glare off-site. 77. 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 screened from public view. The method used to accomplish the screening shall be indicated on the building plans and approved by the Planning Department prior to issuance of a building permit. 78. Project plans shall indicate screening of all trash enclosures with landscaping and integrated into the site design. (Traffic) 79. Pursuant to Mitigation Measure XVA.2, the project developer shall pay current North San Rafael Traffic Mitigation Fees of $2,884.00 per PM peak hour trip prior to issuance of building permits. The current fee is $259,560.00 ($2,884.00 x 90 PM Peak Hour Trips in Current Dollars). 80. 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. Building Division 81. Prior to issuance of a building permit, the applicant shall provide reasonable evidence that sanitary sewer service for the project will be available from the Las Gallinas Valley Sanitary Sewer District. 82. The applicant shall submit an application to the Las Gallinas Valley Sanitary District LGVSD for Line & Plant Capacity. 83. The improvement plans shall show all existing and proposed frontage improvements. 84. All frontage improvements shall be constructed in accordance with the " Uniform Construction Standards for the Cities and County of Marin." 85. An encroachment permit will be required for the construction of any frontage improvements. 86. The improvement plans shall show all existing and proposed site utilities. 87. Any new connections to the sewer main in the street shall require an encroachment permit. 88. The contractor shall demonstrate compliance with the requirements of Mitigation Measure's VI.A.1, VI. C.I and VI.D.1 prior to building construction. Fire 89. All roadways shall be installed prior to framing. 90. Fire hydrants shall be installed capable of supplying the required flow. The hydrants shall be spaced at 300 foot intervals, spotted by the Fire Marshal, and installed prior to framing. M 91. All fire hydrants shall be Jones Model 3740, installed and painted by the developer/owner, conforming with Fire Prevention Standards. 92. Based on Uniform Building Code or Fire Code requirements, an automatic fire sprinkler system shall be installed throughout, conforming to NFPA Standard 13. 93. 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. Ongoing DurinLy GradinLy and Construction: Planning Division (Noise) 94. Pursuant to Mitigation Measure XI.A.1 and XI.D.1, hours of construction shall be limited to 7:30AM to 5:30PM to minimize construction noise impacts to adjacent uses. (Cultural Resources) 95. Pursuant to Mitigation Measure V.B.1, in the event that archaeological and historic artifacts are encountered during project construction, all work in the vicinity of the find will be halted until such time as the find is evaluated by a qualified archaeologist and appropriate mitigation (if necessary) is implemented. 96. Pursuant to Mitigation Measure V.B.1, in the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the following steps will be taken: • There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent 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: • The coroner shall contact the Native American Heritage Commission within 24 hours. • The Native American Heritage Commission shall identify the person or persons it believes to be most likely descended from the deceased Native American. • 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 • 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. 10 Community Development Department (Water Quality) 97. The contractor shall implement the Best Management Practices measures indicated on the project plans for grading and construction activities. 98. Pursuant to Mitigation Measure 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 minimized. The contractor shall be required to clean all spillage in the public right-of- way. The project sponsor shall implement the construction logistics plan that identifies the routing of all transported earth material. Buildinz Division (Geology) 99. 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. 100. No mass grading shall occur between Octoberl st and April 15th without the permission of the city engineer. 101. The site shall be "winterized" and all erosion control measures shall be in place prior to the first day of October. 102. The contractor shall demonstrate compliance with the requirements of Mitigation Measure VLA. 1, VI.C.1 and VI.D.1 prior to building construction. Prior to Issuance of Occupancy Permits: Planning Division 103. 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 baric or a substitute material approved by the Planning Department prior to occupancy. 104. 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 screened from public view as indicated on project plans. 105. All trash enclosures shall be screened with landscaping and integrated into the site design, as indicated on the project plans. 11 106. All project mitigation measures identified in the Mitigated Negative Declaration shall be implemented. Prioritv Prot ect Procedure 107. Pursuant to the project PPP approval, the project sponsor shall contribute $120,000.00 to the Freitas Parkway center median landscape and improvement program fund. 108. Pursuant to the project PPP approval, the project sponsor shall provide a $10,000.00 dollar per year contribution to fund shuttle services in North San Rafael. An equivalent alternate PPP qualifier may be made subject to approval by the City Council. 109. Landscaping and buffer enhancement improvements to the creek/wetland setback along the North Fork of Gallinas Creek shall be implemented. Buildin4 Division 110. The final construction report prepared by the project soils engineer shall be submitted to the City prior to a final inspection. 111. All existing curb, gutter, and sidewalk damaged during construction shall be replaced to the satisfaction of the city engineer. 112. All unused driveways shall be removed and replaced with curb, gutter, and sidewalk. Fire Department 113. Fire alarm systems, addresses and Knox keyway systems shall be in place. 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 12 JEAiNNE M. LEONCINI, City Clerk