HomeMy WebLinkAboutCC Resolution 10025 (Fair, Isaac & Co)RESOLUTION 110 0 2 5
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CONDITIONALLY APPROVING
AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT, TENTATIVE MAP AND USE
PERMIT FOR THE 406,000 SQUARE FOOT FAIR, ISAAC OFFICE PARK DEVELOPMENT
ON 15+ ACRES LOCATED SOUTH OF SECOND STREET, AND FRONTING LINDARO
STREET & LINCOLN AVENUE
(Re: Former PG & E Service Center site and City of San Rafael Corporation Yard)
AP# 13-012-120 (ptn.), 13-021-100 and 13-021-190
The City Council of the City of San Rafael finds and determines that:
WHEREAS, on March 31, 1997, applications requesting approval of a PD (Planned
Development) District zone change, an environmental and design review permit, tentative map
and use permit for the development of a 406,000 square foot office complex were filed with the
City of San Rafael; and
WHEREAS, on April 1, 1997, the City staff completed and distributed a Notice of
Preparation (NOP) informing the public, responsible agencies and special interest groups that an
Initial Environmental Assessment had been completed and that the City would be preparing an
Environmental Impact Report (EIR). A 30 -day public review period was observed on the NOP,
which included a `scoping hearing' with the Planning Commission on April 29, 1997; and
WHEREAS, on April 23, 1997, the applications were reviewed by the City staff and
deemed complete for processing; and
WHEREAS, on August 18, 1997, a Draft Environmental Impact Report (DEIR) was
completed and distributed for public review. A 45 -day public review period was observed
commencing on August 18, 1997 and closing on October 2, 1997, which included a public hearing
with the Planning Commission on September 23, 1997; and
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WHEREAS, on December 5, 1997, a Final Environmental Impact Report (FEIR)
Response to Comments document was completed and distributed to those agencies, organizations
and persons who commented on the DEIR. Modifications to the Final Environmental Impact
Report were prepared and distributed on December 24, 1997; and
WHEREAS, on January 7, 1998, the Planning Commission recommended to the City
Council certification of the Final Environmental Impact Report (FEIR); and
WHEREAS, on February 3, 1998, the Planning Commission held a duly noticed public
hearing on the proposed PD District zone change, the environmental and design review permit,
tentative map, use permit and development agreement applications for the development of the
406,000 square foot Fair Isaac Office Park project, accepting public testimony and the written
report of the Department of Community Development staff. On a 5-0-2 vote, the Planning
Commission adopted Resolution 98-2 recommending to the City Council the approval of these
development applications; and
WHEREAS, on February 9, 1998, the City Council, on a 4-0-1 vote, certified the Final
Environmental Impact Report (FEIR); and
WHEREAS, On February 17, 1998, the City Council held a duly noticed public hearing
on the proposed environmental and design review permit, tentative map and use permit
applications for the office park project, 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 project is consistent with the policies
and programs of the San Rafael General Plan 2000, the provisions of the San Rafael Zoning
Ordinance (Title 14) of the Municipal Code and the provisions of the San Rafael Subdivision
Ordinance (Title 15). The City Council hereby conditionally approves the environmental and
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design review permit (ED -97-24), use permit (UP -97-10) and tentative map (TS -97-1) for the
Fair, Isaac Office Park development, based on the following findings and subject to the conditions
of approval provided in Attachments 3A, 3B and 3C of this resolution:
A. Environmental and Design Review Permit
(San Rafael Municipal Code Section 14.25.090)
As modified by conditions of approval, the proposed office park design is consistent with
the policies and programs of the San Rafael General Plan 2000. Specifically, the design
and layout of the Development Plan is consistent with San Rafael General Plan 2000
Downtown policies (Policies DT -12, DT -16, DT -21 DT -24 and DT -20), Land Use
Element policies (Policies LU -21, LU -24, LU -30 and LU -36) and Circulation Element
policies (C-1, C-3 and C -8n) in that:
a) the project presents a landmark development with well designed buildings that
provide a diversity of building heights and design features/elements such as a
pedestrian -scale first floor along Second Street and attractive building towers,
b) the project provides design elements to enhance the downtown gateway and
buildings that transition well into neighborhoods located to the south,
c) the project incorporates plans for improvements along Second Street, Lincoln
Avenue and Lindaro Street, including the dedication of right-of-way for the
installation of additional, needed travel lanes, installation of street trees and
planting strips, which will improve the look and function of these streets, and
d) the project includes public use of on-site facilities for community and cultural
events.
e) the project would be conditioned so that appropriate transportation systems
management measures are imposed during an interim period, in the event that the
widening of Second Street is not completed prior to the time of building
occupancy.
Furthermore, the project design is consistent with the objectives of the San Rafael Zoning
Ordinance (Title 22). Specifically, the Design Review Board has reviewed the project
finding that it meets the criteria for approval of an environmental and design review
permit, as set forth in the San Rafael Zoning Ordinance (Section 14.25.050). In addition,
the Design Review Board found the building heights for the site, as proposed, to be
appropriate for the site and consistent with the intent of the provisions for height bonus in
the San Rafael Zoning Ordinance (Section 14.16.190). Finally, while the project proposes
a waiver from the San Rafael Zoning Ordinance (Section 14.13.040) wetland setback
requirements along Mahon Creek (approx. 300 sq.ft.. corner of Building B), appropriate
and acceptable buffer mitigation is required to off -set the minor encroachment.
2. As modified by conditions of approval, the project design is consistent with all applicable
site, architectural and landscaping design criteria and guidelines of the San Rafael Zoning
Ordinance. Firstly, the project design is consistent with and meets the PD (Planned
Development) District property development regulations (Section 14.07.030) which
require that:
a) the minimum net acreage for a PD District be 2.5 acres. The subject property is
approximately 15 acres in size, and
b) building heights and floor area ratios not exceed that permitted by the San Rafael
General Plan 2000 (2-4 stories plus height bonus to six stories and maximum floor
area ratio of 0.75, respectively). The project proposes a height bonus within the 6
story limit and a floor area ratio of less than 0.75.
Secondly, while the number of on-site parking spaces for the project design do not meet
the minimum standards of the San Rafael Municipal Code (Section 14.18.040), conditions
of approval require that the parking be monitored through the phases of office park
occupancy and that additional parking be installed (to meet the ordinance requirements), if
deemed necessary. Finally, the project design for on-site parking meets the dimensional
and design standards (Section 14.18.130) and the parking lot screening and landscaping
requirements (Section 14.18.160) of the San Rafael Zoning Ordinance.
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3. As proposed and as modified by conditions of approval, the project has been designed to
minimize adverse environmental impacts. Specifically, the proposed design and
modifications recommended by conditions of approval address and/or incorporate
mitigation measures required by the Final Environmental Impact Report for the Fair, Isaac
Office Park Project, as certified by the City Council on February 9, 1998, which reduce
environmental impacts.
4. Through compliance with recommended conditions of approval, the project design will
not be detrimental to the public health, safety or welfare, nor be materially injurious to
properties or improvements in the vicinity. Firstly, the project has been designed, or is
conditioned to be modified to incorporate appropriate traffic improvements and measures
(as required by the Final Environmental Impact Report for the Fair, Isaac Office Park
Project, as certified by the City Council on February 9, 1998) to ensure the protection and
safety of motorists and pedestrians. These measures include:
a) the installation of mid -block pedestrian crossings and signals along Lincoln Avenue
and Lindaro Street,
b) required stacking/storage lanes on the site and along the public streets, and
c) the appropriate placement of driveway access points to minimize conflicts with
"through" traffic along Lindaro Street and Lincoln Avenue.
Secondly, the project has been designed with an ample size plaza along the Second Street
frontage at Lincoln Avenue, which will provide a safe area for pedestrians waiting to cross
Second Street for access to downtown and the San Rafael Transit Center. Furthermore,
conditions of approval require compliance with and implementation of the final Soil
Management Work Plan and Health and Safety Plan approved by the Cal -EPA
Department of Toxic Substances Control and Cal -EPA Regional Water Quality Control
Board; compliance and implementation of these plans are required to ensure that all soil
movement, grading and soil handling on and around the site is completed using the proper
precautions for maintaining public health and safety. In addition, the project is designed
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to ensure that emergency services and equipment are accessible to all building floors and
all areas of the site. Finally, conditions of approval restrict the times and hours for
construction traffic and pile driving, which are required to ensure that site grading and
construction is not materially injurious to properties and improvements in the vicinity.
B. Tentative Map
(San Rafael Municipal Code Title 15)
As modified by conditions of approval, the proposed subdivision is consistent with the
policies and programs of the San Rafael General Plan 2000 that are pertinent to this site.
Specifically, the subdivision would result in the division of nine parcels, which would be
appropriately sized to accommodate the proposed project design and Development Plan
for a PD (Planned Development) District. The subdivision would be consistent with San
Rafael General Plan 2000 Circulation Element Policy C -8n in that, conditions of approval
require the dedication of land necessary to accommodate planned transportation
improvements for the Downtown San Rafael area. In addition, conditions of approval
require the installation of signage along Lincoln Avenue for a Class III bicycle route,
which would be consistent with San Rafael Recreation Element Policy R-13.
2. As modified by conditions of approval, the proposed subdivision design and improvements
are consistent with the policies and programs of the San Rafael General Plan 2000 that are
pertinent to this site in that:
a) the design and conditions of approval require the dedication of land along Second
Street that is necessary to accommodate planned transportation improvements for
the Downtown San Rafael area (San Rafael General Plan 2000 Circulation
Element Policy C -8n),
b) the design and conditions of approval require the dedication of easements for
planned undergrounding of utilities and new sidewalks (San Rafael General Plan
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2000 Circulation Element Policy C-26), and
C) the design accommodates land area along Lincoln Avenue for a Class III bicycle
route (San Rafael General Plan 2000 Circulation Element Policy C-23 and
Recreation Element Policy R-13).
3. The site is physically suitable for the proposed development and the subdivision. The
subdivision proposes nine parcels, one for each office structure and parking facilities
approved under the Development Plan. Each lot/parcel is designed with frontage and
access to a public right-of-way and are relatively level to accommodate reasonable access
and required on-site parking.
4. The site is physically suitable for the proposed density/intensity of the development in that,
the property consists of three large parcels (western parcel, central parcel and eastern
parcel) encompassing approximately 15 gross acres of land. The property size
accommodates the proposed office structures, ancillary parking facilities, open space and
required easements and dedications for existing and proposed utilities and public facilities,
while resulting in a project that complies with the maximum floor area ratio limits of the
San Rafael General Plan 2000 (Land Use Element Policy LU -14) and the design policies
adopted for this site (Policies DT -12 and DT -24).
5. The subdivision design and the type of improvements that are proposed would not cause
significant environmental impacts or substantially or unavoidably injure fish or wildlife or
their habitat, as documented in the Final Environmental Impact Report for the Fair, Isaac
Office Park Project, as certified by the City Council on February 9, 1998. The Final
Environmental Impact Report concludes that the proposed subdivision of land into nine
parcels would not result in environmental impacts, which cannot be mitigated to less -than -
significant levels. Specifically, the subdivision is designed and conditioned to include:
a) dedications of land area for planned transportation improvements necessary to
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maintain acceptable levels of service,
b) dedication of easements and rights of access for maintenance, protection and
monitoring of the existing on-site groundwater remediation improvements,
c) recordation of restrictive covenants over the parcels within the subdivision to
ensure that adequate parking is provided for the subdivision, in perpetuity, and
d) the recordation of Conditions, Covenants and Restrictions (CC & Rs) to ensure
that the required Transportation System Management Program (TSM) is
implemented and monitored.
6. As modified by conditions of approval, the design of the subdivision and the proposed
improvements will not result in serious public health problems in that, all necessary public
services, including public utilities and access to public rights-of-way are available and will
be provided. Furthermore, the design of the subdivision and the recordation of
appropriate easements would provide access to on-site groundwater remediation
improvements, which must be maintained and monitored, in perpetuity, for the protection
of public health. The subdivision, as proposed and approved would have no impact on
the Covenant of Deed Restriction that is presently recorded on the site (recorded August
10, 1989), which restricts land uses for the western and central parcels and guarantees
continued maintenance and operation of the existing on-site groundwater remediation
improvements and facilities. This Covenant of Deed Restriction is recorded to protect
public health.
T The design of the subdivision will not conflict with the provision of utilities to adjacent
land uses or public easements in that, the project layout and Tentative Map are designed
and conditioned to:
a) maintain and provide unobstructed land area needed for existing and proposed
utility service improvements and structures,
b) receive direct utility connections from four adjacent public rights-of-way, and
c) provide appropriate easements for maintenance of public facilities and
improvements, including the on-site groundwater remediation improvements.
The subdivision, as designed and required by conditions of approval, would complete on-
site stormwater drainage improvements; these improvements are required to be designed
so that site runoff into the existing public stormwater drainage system can be
accommodated without impacting the capacity of the public system.
C. Use Permit
(San Rafael Municipal Code Section 14.22.080)
The proposed administrative and professional office use, ancillary parking and the
community use of the facilities, authorized under this use permit, would be consistent with
the policies and programs of the San Rafael General Plan 2000 in that:
a) the uses and facilities would be consistent with the sites land use designation of the
Land Use Element (Lindaro Office) and would result in an office park use that is
within the maximum floor area ratio limits adopted by Policy LU -14 (Intensity of
Commercial 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 on-site facilities
for community and cultural events, and
c) the uses would be consistent with Policies DT -12 (Lindaro Office District) and
DT -24 (Lindaro Office District) by providing a well planned office development in
the Downtown San Rafael area.
1 The proposed administrative and professional office use, in addition to the ancillary
parking and community use of facilities, together with the recommended conditions of
approval, 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:
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a) conditions of approval have been incorporated into the use permit to ensure that
adequate parking is provided for the office development and that continued
monitoring of parking (annual review through development and after full
occupancy), as well as contingency measures ("parking contingency plan") are
required to guarantee that additional parking can be provided, if necessary,
b) that public use of the meeting/conference and adjacent outdoor facilities are
provided and guaranteed for community and cultural events, in perpetuity, and
C) conditions of approval have been incorporated into the use permit to ensure that a
Transportation System Management Program (TSM) is required and implemented,
in perpetuity.
3. The proposed administrative and professional office use, in addition to the ancillary
parking and community use of the facilities authorized under this use permit would comply
with all provisions of the San Rafael Zoning Ordinance (Title 22) in that:
a) while the number of on-site parking spaces for the office park use would not meet
the minimum requirements of the ordinance (Section 14.18.040), conditions of
approval require that the parking be monitored through phases of office park
occupancy and that additional parking be installed (to meet ordinance
requirements), if necessary. Furthermore, the property is located within the PD
(Planned Development) District; this district permits flexibility and deviation from
the typical provisions of the San Rafael Zoning Ordinance, where deemed
appropriate,
b) the use permit would allow a building height bonus, consistent with the provisions
of Section 14.16.190. The height bonus is consistent with the provisions of the
ordinance in that, the project incorporates public use of on-site facilities for
community and cultural events. Conditions of the use permit require that public
use of the facilities be provided, in perpetuity, and
c) the use permit would be consistent with the purpose of the PD (Planned
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Development) District, in which the site is located. A use permit is required for all
"non-residential" and "phased" development (Section 14.07.020).
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 Tuesday, the seventeenth of February, 1998, by the following vote to wit:
AYES: COUNCILMEMBERS: COHEN, HELLER, MILLER AND VICE -MAYOR PHILLIPS
NOES: COUNCIL MEMBERS: N 0 N E
ABSENT/ COUNCIL MEMBERS: MAYOR BORO ( Due to conflict of interest)
DISQUALIFIED:
JE M. LEONCINI, City Clerk
Attachments:
Attachment 3A: Conditions of Approval for Environmental and Design Review Permit
(ED -97-24)
Attachment 3B: Conditions of Approval for Tentative Map (TS -97-1)
Attachment 3C: Conditions of Approval for Use Permit (UP -97-10)
ccreso3.fi
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ATTACHMENT 3A
Conditions for Environmental and Design Review Permit
Fair, Isaac Office Park
as approved by the City Council on February 17, 1998
(ED -97-24)
General Conditions
1. The Environmental and Design Review Permit (ED -97-24) approves the design and layout
of a 406,000 square foot office park development for the project site, which is bordered by
Second Street to the north, Mahon Creek to the east, Andersen Drive and Mahon Creek to
the southeast, and the Pacific Gas and Electric (PG & E) substation and vacant land to the
west. The project is served by Second Street, Lindaro Street and Lincoln Avenue. The
project site consists of three Assessor's Parcels, as follows: the "western parcel" (AP 13-012-
120); the "central parcel" (AP 13-021-100) and the "eastern parcel" (AP 13-021-190). The
building techniques, materials, elevations and appearance of this project, as presented for
approval, and as shown on the plans entitled, Fair, Isaac Office Park, Sheets A0.0 through
L4.02, dated December 9, 1997, shall be the same as required for issuance of a building
permit. Any future additions, expansions, remodeling, etc., shall be subject to review by the
Community Development Director. The Director shall determine which decision-making
body is to review the modifications.
2. This Environmental and Design Review Permit acknowledges that construction of the project
may/will be phased and that each construction phase of the development will be subject to all
of the conditions of this permit. All grading and construction shall be subject to the
conditions of approval for ZC-97-2 (PD District zoning), UP -97-10 (Use Permit) and TS -97-
1 (Tentative Map). Effective date of this Environmental and Design Review Permit shall be
the effective date of the ordinance adopted for the PD (Planned Development)District zoning.
3. This Environmental and Design Review Permit is approved for project development in a
minimum of two phases, as follows:
a. Phase I shall consist of. (1) Office Building A and Building B and surface parking on
the central parcel; and (2) surface parking on the western parcel.
b. Phase II shall consist of: (1) Office Building C, and/or Building D, and/or Building E,
with each building allowed to be constructed simultaneous with the others or
sequentially one at a time, in any order chosen; and (2) parking structures on the
western and eastern parcels and associated with any and all buildings so long as
sufficient parking, as approved for the development in UP -97-10, is provided.
C. If the project approvals do not include a Development Agreement, as authorized by
the California Government Code Section 65864 et seq., then Phase I of ED -97-24
shall be approved for a term of two years and Phase II of ED -97-24 shall be approved
for a term of four years, said term(s) commencing at the effective date of the
ordinance for the PD District rezoning (ZC-97-2). If a building permit is not issued
prior to the expiration date of the respective terms, then an extension shall be
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requested by the applicant.
d. If the project approvals include a Development Agreement, as authorized by
California Government Code Section 65864 et seq., then both Phase I and Phase II
of ED -97-24 shall be approved for a term as defined in the Development Agreement.
Prior to Issuance of a Grading Permit for Site Grading and Improvements
Community Development Department- Building and Safety Division
4. All grading and site improvement activities shall incorporate the required mitigation measures
presented in the Fair, Isaac Office Park Final Environmental Impact Report, December 1997,
and the approved Mitigation Monitoring Program/Plan, both on file with the Department of
Community Development.
5. A City of San Rafael grading permit is required for all grading and site improvement work.
6. All soil movement, excavation, grading and construction approved for the western and central
parcels are subject to Order #85-80 issued by the California Regional Water Quality Control
Board (RWQCB) and Consent Order Docket #HAS 89/90-002 issued by the California
Department of Toxic Substances Control (DTSC), or any amendments adopted thereto. Prior
to issuance of a grading and/or building permit for Phase I, the project sponsor shall submit
the following information:
a. Written proof and/or approval from RWQCB and DTSC that a revised Soil
Management Work Plan (SMWP) and revised Health and Safety Plan (HSP) have
been approved by the two agencies.
b. Six copies of the approved, revised SMWP and HSP.
C. The names, addresses and telephone numbers of the appropriate representatives from
DTSC and RWQCB that can be contacted during grading and construction of the
project.
d. Six copies of the approved Communications Plan required by DTSC and RWQCB.
7. Prior to issuance of a grading permit for Phase II for the eastern parcel (City Corporation
Yard site), additional, detailed soil and groundwater testing may be necessary, as required by
the Regional Water Quality Control Board and the Department of Toxic Substances Control.
Based on the conclusions of the testing, it may be necessary that all site earthwork and
construction be required to be comply with an approved Health and Safety Plan and/or Soil
Management Work Plan.
8. All grading and construction work proposed within the City of San Rafael public right-of-way
shall require the approval of an encroachment permit.
9. A detailed grading plan shall be prepared and submitted with the application for a grading
permit for site improvements. The plan shall include the following information:
a. All existing and proposed topographic contours and site characteristics.
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b. Grading shall be designed so that contours slope into the site, rather than toward
Mahon Creek. A small berm of soil shall be placed along the upper -edge of the
project landscape area that abuts Mahon Creek. The purpose of the berm is to ensure
that project drainage is designed to be collected and routed into a closed drainage
system (no direct runoff into Mahon Creek). This berm shall be incorporated into the
detailed planting plan for wetland buffer mitigation, as required by the conditions of
this permit. Specifications on the soil type and placement shall be based on the
recommendations of the geotechnical engineer.
10. A detailed drainage plan shall be prepared and submitted with the application for a grading
permit for site improvements. The plan shall include the following information:
a. All proposed drainage improvements.
b. All drainage shall be designed to be collected and contained within a closed system,
routed to public storm drains. No direct drainage or new outlets into the adjacent
Mahon Creek shall be permitted (except for improvement to the existing outlet from
Corporation Yard site).
C. The drainage plans shall be designed to handle the 100 year storm event, provide
adequate protection to life and property in the interim, and final design compliance
with FEMA guidelines.
d. All drainage facilities shall incorporate permanent improvements that manage runoff
and water quality. The detailed drainage plan shall be prepared utilizing suggested
stormwater protection measures, to the extent practical, presented in Start at the
Source, Design Manual for Stormwater Quality Protection, available by the Bay Area
Stormwater Management Agencies Association.
The final drainage plans shall be subject to the review and approval by the City Engineer, to
ensure that adequate design drainage mechanisms are in-place, as may be required to
accommodate the interim hydrological conditions.
11. In the event the 75 cfs upgrades and improvements to the Lindaro Pump Station are not in
operation at the time the final grading and drainage plans are approved for issuance of a
grading permit, an interim measure shall be designed and submitted for approval that will
ensure 100 -year flood protection to the proposed finished floor, as required by the FEMA
guidelines. The interim measure shall be prepared and submitted by the project civil engineer
and accompanied by detailed calculations that demonstrate the effectiveness of the measure.
Construction of the interim measure shall be required if the upgraded pump station is not in
operation by October 31, 1998.
12. A final geotechnical and soils evaluation shall be completed by the project geotechnical
engineer. The evaluation shall determine the amount of anticipated total and differential
settlement on the site and around each of the structures. In addition, the evaluation shall
include the following:
a. Special measures to accommodate differential settlement in utility connections, flat
works, stair details, and the entrances and exits to the buildings/structures.
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b. Other measures such as flexible utility connections at the structures, increased slope
for storm drains, articulated concrete slab -on -grades and special connections to
exterior structure attachments.
C. The evaluation shall confirm areas of fill that would require excavation and
recompaction prior to the initiation of construction activities.
d. Specific recommendations for construction equipment crossings, trench backfills and
repairs of breached sections of the slurry wall.
13. The project geotechnical/soil engineer is required to review the final plans for grading and
construction of site improvements. The project geotechnical engineer shall verify, in writing,
that the final plans are designed in accordance with standard engineering practices to
accommodate the anticipated total and differential settlements. All earthwork shall be done
under the supervision of the project geotechnical/soil engineer.
14. Final plans and specifications shall include a detailed survey to confirm the exact location of
the sub -surface slurry wall that borders the western and central parcels. (San Rafael Yard
Slurry Wall Location, Drawing #Z-0138, Change 9, prepared by PG & E Land Engineering;
August 7, 1997).
15. Major site grading and installation of main utility lines required for full development/build-out
of the western and central parcels shall be completed prior to the occupancy of Phase I.
16. A construction logistics and staging plan for construction of the major grading, installation
of utilities and site improvements during Phase I shall be submitted for review and approval
by the Department of Public Works, Community Development Department and Fire
Department. This plan shall address, at minimum, parking, truck routes, staging, material
storage, and pedestrian and vehicular traffic adjacent to the construction site. Consistent with
the requirements of the Mitigation Monitoring Program/Plan, the following specific measures
shall be incorporated into the construction logistics and staging plan:
a. The use of heavy rubber tired vehicles or construction equipment over the uncapped
portions of the slurry wall shall be minimized to eliminate potential for damage to the
wall.
b. A staging area shall be identified on the plan for each phase of construction.
C. Hours of operation for construction activities shall be per the City's ordinance
standards (7:OOAM-9:OOPM), with the following exceptions:
1) To the extent practical, construction employees shall have work schedules that
avoid employee arrival from 7:OOAM to 9:OOAM and departure between
4:OOPM to 6:OOPM.
2) During the grading and site preparation phase (import of fill and soil
movement and compaction) construction truck delivery is permitted from
7:OOAM to 12:OOAM, except that to the extent reasonably practicable,
deliveries shall not be made between the hours of 4:OOPM and 6:OOPM (for
the purposes of expediting soil movement and placement).
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d. Establish a travel route system for construction vehicles and trucks.
e. Permit street closure of Lindaro Street between Second Street and Andersen Drive
during excavation and movement of contaminated soils and during trenching and
installation and undergrounding of utilities.
17. To avoid the short-term impacts of pile driving for the two Phase I buildings, on the
classroom activities which need a quiet noise environment at Davidson Middle School, the
pile driving activities for the Phase I buildings shall be scheduled as follows to restrict pile
driving times to when the fewest classroom activities are taking place:
a. Pile driving for the two Phase I buildings shall be prohibited on weekdays during the
regular session academic year, commencing on the day following Labor Day and
continuing until approximately June 10th, and during the hours of 8:OOAM to
12:OOPM on days on which classes are held during the approximately five week
summer school session, unless the administration of Davidson Middle School
determines that classes would not be materially disrupted by pile driving during those
hours.
b. Pile driving for the two Phase I buildings shall be scheduled such that the noise
generating activity is condensed into as short a period of days as is reasonably
practicable.
C. Pile driving of test piles, if necessary before the closing of the regular session
academic year, shall be limited to weekends.
d. These restrictions on pile driving shall be implemented through the Construction
Logistics and Staging Plan.
e. The Project FEIR concludes that the noise generated from pile driving for Phase II
building construction would not exceed the sensitive receptor (Davidson Middle
School) threshold of 60 dBA inside classrooms (because of distance from Davidson
Middle School and that Phase I buildings would serve as a buffer to attenuate noise).
If during the construction of Phase II buildings, the pile driving activities exceed 60
dBA (inside classrooms), then the requirements and restrictions listed above shall be
implemented.
18. A Stormwater Pollution Prevention Plan (SWPPP) shall be prepared and submitted with the
application for a grading permit. The plan shall address different stages or phases of the
grading operation to ensure that appropriate control measures are installed for erosion
protection during the duration of the construction period. The SWPPP shall be prepared in
coordination with the requirements and implementation of the approved Soil Management
Work Plan (SMWP). The provisions of the SMWP shall take precedence over the
requirements of the SWPPP. However, if not in conflict with the SMWP, the following
erosion control and Best Management Practices (BMP) measures shall be incorporated into
the SWPPP:
a. Disturbed areas shall be protected from exposure by implementing measures such as
covering areas with rolled plastic sheeting.
b. Install sand bags, silt fences and hay bails to trap sediment on site.
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C. Install sand bags to control surface runoff and maintain low runoff velocities.
d. Minimize length and steepness of slopes and stabilize sloped areas with landscaping
or seeding.
e. Install drainage system outlet protections, as well as temporary sediment basins and
traps, where appropriate.
f. An ample area shall be identified and developed for waste disposal (construction
debris, etc.) during grading and construction.
The SWPPP shall include a `staging program', to address precautionary/contingency
measures in the event that rain is forecast within five days and the planned erosion control
measures cannot be installed.
Prior to Issuance of a Building Permit
Community Development Department- Planning Division
19. All construction details, documents and plans shall incorporate the required mitigation
measures presented in the Fair, Isaac Office Park Final Environmental Impact Report,
December 1997 and the approved Mitigation Monitoring Program/Plan, both on file with the
City of San Rafael Department of Community Development.
20. Per the recommendation of the Design Review Board, elevations for Buildings A (south and
west elevations) and B (south and east elevations) and the tower structure for Building A
shall be studied to improve design, specifically the wall -to -window (fenestration) treatment.
Revisions to the elevations shall be submitted for approval by the Director of Community
Development.
21. Prior to issuance of a building permit for each phase, final landscaping and irrigation plans
shall be completed and submitted for review and approval by the Design Review Board.
These plans shall include the following information and details:
a. The final plan shall comply with the requirements of 14.18.160 (Parking Lot
Screening and Landscaping) of the San Rafael Municipal Code. A canopy tree -to -
parking space ratio of 1:4 shall be required.
b. All tree sizes shall be subject to the approval of the Design Review Board.
C. Plant species and placement of plantings shall be reviewed by the Police Department
to ensure that plantings does not impact building security.
d. Drought, pest and disease resistance grass and landscape species shall be selected and
incorporated into the plant list.
e. Barrier or thorny plants may be proposed in areas to detour access to windows or
other areas. A list of barrier plants are available from the SRPD Crime Prevention
Officer (415) 485-3114.
f. The plans shall identify the specific location of and access to all new pad -mounted
electrical transformers (if proposed) and backflow preventer devices. If transformers
and backflow preventers are proposed adjacent to the public right-of-way, they shall
be appropriately screened with landscaping and painted to blend with the landscape.
3A-6
The details for screening and painting of the equipment shall be proposed in
consultation with PG & E and the City of San Rafael.
g. Street tree planting shall be required along all public street frontages and within the
center median of Lindaro Street. The plan shall identify the location, size, species and
planting specifications for street trees along all property frontages of Second Street,
Lindaro Street and Lincoln Avenue. Tree species shall be approved by the
Community Development and Public Works Departments.
h. Prior to review by the Design Review Board, the landscaping and irrigation plans shall
be submitted to the Marin Municipal Water District (MMWD) for review and
approval. The final plans shall meet the requirements of MMWD.
I. A "landscaping contingency plan" shall be prepared and submitted with the detailed
landscaping and irrigation plan for Phase I. This "landscaping contingency plan" shall
present permanent landscaping and irrigation improvements for the northern portions
of the central parcel, in the event that Phase H is not developed.
j. Final landscaping plans for each phase shall consider and incorporate, where
appropriate, the plant species recommendations of the Marin ReLeaf organization.
These recommendations are presented in a letter from Marin ReLeaf to the City of
San Rafael, October 2, 1997, which is on file with the City of San Rafael (See Volume
II, FEIR/Response to Comment letter "0"). Consultation with Marin ReLeaf is
recommended prior to completion and submittal of the plan.
k. Tree, shrub and groundcover planting that is proposed within the required buffer of
Mahon Creek (Lindaro Street to Lincoln Avenue = 50 feet from edge of wetland;
Lincoln Avenue to Francisco Boulevard West = 25 feet from top of finished creek
bank) shall be native species selected based on the conditions of the adjacent creek
and wetland environments. The Mahon Creek Conceptual Plan (on file with the City),
as modified by the recommendations of the Final Environmental Impact Report for
the Mahon Creek Conceptual Plan (January 1998) shall be used as a base for
preparation of the landscaping plans and the selection of native plants for this area.
1. If the project results in a building encroachment within the required wetland buffer
setbacks along Mahon Creek, the plan shall include a mitigation program for the
wetland buffer encroachment approved for Building B. Specific requirements for the
mitigation plans are outlined in condition 26 of this permit. Plant species for this area
shall be native and appropriately selected based on the conditions of the adjacent
creek and wetland environments.
22. A final on-site parking plans shall be submitted. The parking plans shall present the following
information:
a. A minimum of 3 spaces per 1000 square feet of gross office building area shall be
provided for Phase I (Buildings A & B).
b. A minimum of 3 spaces per 1000 square feet of gross office building area shall be
provided for Phase H.
C. Prior to issuance of a building permit for Phase I, a "parking contingency plan" shall
be prepared and submitted which a) provides on-site parking for both Phase I and
3A-7
Phase II at a ratio of 1 space per 300 gross square feet of building area, or b) presents
an alternative plan which satisfactorily reduces the demand of the available on-site
parking. The plan shall be accompanied by a schedule for implementing the additional
parking or other parking reduction methods. The "parking contingency plan" shall
be approved by the City and shall remain on -file with the City for the purpose of
serving as a parking reserve. Implementation of the "parking contingency plan" may
be required by the City if it is determined, after occupancy of Phase I or Phase II, that
additional parking is warranted (monitoring of and timing for the installation of
additional on-site parking is required by conditions of UP -97-10).
d. The surface parking area located between Buildings B and E shall be designed to
accommodate an on-site delivery/loading zone (e.g., for UPS and FedEx sized
delivery vehicles) for Building D. This zone shall be designed to accommodate large
delivery trucks.
e. The surface parking lot proposed for the western parcel shall be designed to provide
a minimum of 100 feet (5 car lengths) of vehicle queuing storage on-site, to the
satisfaction of the City Traffic Engineer.
f. The northern driveway access to Lincoln Avenue proposed for the parking structure
on the eastern parcel shall be design to align with the driveway access proposed for
the surface parking lot located between Buildings B and E.
23. Off-site improvements on Lindaro Street and Lincoln Avenue shall be planned and
constructed by the developer, at developer's sole expense. Plans for said off-site
improvements shall be prepared in accordance with the City's specifications and approved by
the City Engineer and City Traffic Engineer (as conceptually shown on the plans entitled,
"Proposed Boundaries and Phase I Improvements", prepared by CSW/Stuber-Stroeh
Engineering Group; October 1997) and submitted for the following:
a. Mid -block pedestrian signals, and/or other pedestrian crossing measures (e.g., full
actuated signal) as deemed appropriate by the City Engineer, on Lincoln Avenue and
Lindaro Street. A raised table shall be included in the plans delineating the mid -block
pedestrian crossings. The tables shall be surfaced with a decorative pavement material
that is acceptable to City Engineer and in accordance with the City's standards for
public right-of-way surfaces.
b. Frontage improvements to include a new sidewalk, street tree wells and/or planting
strips, curb returns and wheelchair ramps at the intersections, street lights and paving
conforms.
C. Along Lindaro Street, 8 -foot wide parking "pull-outs" shall be provided between the
western parcel/Building A entrances and Andersen Drive. A minimum of six on -street
parking spaces shall be provided on the westside of the street and a minimum of four
on -street parking spaces shall be provided on the eastside of the street.
d. A 16 foot wide southbound "through" travel lane is required along Lindaro Street,
with the following exceptions:
(1) Western parcel/Building A driveway entrances shall have a 12 foot wide
"through" lane, a 10 foot wide left -turn lane (with minimum of 40 feet of
3A-8
storage length) and a 10 foot wide right -turn lane (with a minimum of 180 feet
of storage length).
(2) Andersen Drive intersection shall have a 14 foot wide "through" lane and a 10
foot wide left -turn lane (with a minimum of 120 feet of storage length).
e. A 16 foot wide northbound "through" travel lane is required along Lindaro Street,
with the following exceptions:
(1) Western parcel/Building A driveway entrances shall have a 14 foot wide
"through" lane and a 10 foot wide left -turn lane (with a minimum of 60 feet
of storage length).
(2) At Second Street, a 12 foot wide "through" lane and a 14 foot wide right -turn
lane (with a minimum of 300 feet of storage length) shall be provided.
f.. Installation of new center median along a portion of Lindaro Street. The center
median shall be landscaped with trees and groundcover and irrigated, when the
landscaped area is a minimum of five feet in width.
g.. Bicycle route signage for a Class III bicycle route along Lincoln Avenue, between
Second Street and the Mahon Creek bridge.
h. All required street widening shall include the construction of new curb and gutter,
asphalt pavement, base rock, etc., in accordance with the City's standards and to the
approval of the City Engineer.
I. To accommodate the widening, the developer is responsible for the relocation of and
modifications to traffic signal mast arms, fire hydrants, poles, etc.
Dedication of land area for said improvements is required by conditions of approval for TS -
97 -1. The City will abandon a portion of Lindaro Street to accommodate the street's shift
to the east.
24. Certain off-site improvements on Second Street, shall be planned and constructed by the City,
at the developer's sole expense. These improvements shall include the following:
a. The construction of an additional fourth travel lane commencing at the western
property boundary (130 feet west of Lindaro Street) to Lindaro Street and an
additional fourth travel lane commencing at Lindaro Street to a point 400 feet west
of Lincoln Avenue. With the additional travel lane the curb -to -curb width shall be a
minimum 46 foot. The cost of this improvement has been determined to be
$211,277.00.
b. The construction of an exclusive, 11 -foot wide right -turn lane from Second Street to
Lincoln Avenue, commencing 120 feet west of Lincoln Avenue. The cost of this
improvement has been determined to be $111,000.00.
C. Frontage improvements for those portions of Second Street described in 24a and b
above to include, a new sidewalk, curb returns and wheelchair ramps at intersections,
a planting strip with street trees, street lights and paving conforms. These
improvements are included in the costs specified in 24a and 24b, above.
d. All required street widening shall include the construction of new curb and gutter,
asphalt pavement, base rock, etc., to the City's standards and the approval of the City
Engineer. These improvements are included in the costs specified in 24a and 24b,
3A-9
above.
e. To accommodate the widening, the developer is responsible for the cost of relocating
and modifying the traffic signal masts, fire hydrants, poles, etc. These improvements
are included in the costs specified in 24a and 24b, above.
Plans for said off-site improvements shall be prepared in accordance with the City's
specifications and approved by the City Engineer and City Traffic Engineer (as conceptually
shown on the plans entitled, "Proposed Boundaries and Phase I Improvements", prepared by
CSW/Stuber-Stroeh Engineering Group; October 1997). Dedication of land area for said
improvements is required by conditions of approval for TS -97-1.
If the project is ready for occupancy prior to completion of the Second Street improvements
(as described in conditions 24 and 25 hereto), a traffic analysis of the intersections in the
vicinity shall be completed by the City and interim transportation system management (TSM)
measures may be required of the project sponsor to ensure that General Plan adopted level
of service standards are maintained at the intersection of Second and Hetherton Streets. See
condition 25 regarding the details of this requirement.
25. Downtown circulation planned improvements, as required by the San Rafael General Plan
(Policy C -8n), shall be planned and constructed by the City, as follows:
a. Widening of Second Street to accommodate an additional fourth travel lane
commencing 400 feet west of Lincoln Avenue to Francisco Boulevard West. With
the additional travel lane, the curb -to -curb width shall be 46 feet.
b. Widening of Second Street to accommodate an additional fifth travel lane from
Francisco Boulevard West to the Hetherton Street on-ramp to Highway 101.
C. Widening of Second Street to accommodate an additional right -turn lane commencing
at the intersection of Lincoln Avenue to Francisco Boulevard West.
d. All required street widening shall include the construction of new curb and gutter,
asphalt pavement, base rock, etc., to the City's standards and the approval of the City
Engineer.
e. Frontage improvements for those portions of Second Street described in 25a and 25c
above (excluding 25b) to include, a new sidewalk, curb returns and wheelchair ramps
at intersections, a planting strip with street trees (except at plaza area), street lights
and paving conforms.
The developer shall be responsible for funding the project's fair share contribution of said
Downtown circulation improvements. The project's fair share contribution to constructing
these improvements is determined to be 79% of the total cost of these widening
improvements (a total of $793,218.00). The developer shall pay the project's entire fair share
contribution of these improvements (total for Phase I and II), prior to the issuance of a
building permit for Phase I. Dedication of land area along the subject property frontage for
said improvements is required by conditions of approval for TS -97-1 and are not subject to
reimbursement or credit.
If the project is ready for occupancy prior to completion of the Second Street improvements,
the City will conduct a traffic analysis to determine: a) the existing level of service for the
Second and Hetherton Street intersection and b) the cumulative level of service for this
3A-10
intersection (existing conditions plus project, plus other projects approved by the City that
are not built or occupied). If the traffic analysis determines that the General Plan adopted
LOS E standard at the Second and Hetherton Street intersection can be maintained with
project occupancy, then building occupancy shall be granted by the City. If the analysis
determines that the LOS E standard cannot be met, building occupancy may be granted only
if the project sponsor commits to and provides an implementation plan of interim
transportation system management (TSM) measures. These TSM measures shall be
implemented during any interim period while the construction of the widening of Second
Street (as described in conditions 24 and 25 hereto) is being completed, and shall continue
to be implemented up until the completion of the widening. The TSM measures shall reduce
the project's proportional share of traffic (project trips) to ensure that the General Plan
adopted LOS E standard is maintained for the intersection of Second and Hetherton Streets.
The TSM measures may be the same as outlined in the TSM program required by conditions
of approval for UP -97-10, or other TSM measures deemed appropriate to maintain LOS
standards.
26. This approval grants a waiver from Section 14.13.040B (Wetland Setbacks) of the San Rafael
Municipal Code. The waiver acknowledges that southeast building corner of Building B
encroaches by approximately 300 square feet into the required wetland buffer, along Mahon
Creek (as measured from the edge of an approved but yet to be constructed wetland area).
This permit approves the encroachment provided that a 2:1 buffer mitigation is required to
off -set the encroachment. The final landscaping and irrigation plans shall incorporate an
additional buffer planting area along the Mahon Creek frontage of the central parcel. The
requirements of the buffer mitigation are as follows:
a. The private pedestrian path that is proposed along the southern edge of the central
parcel shall be shifted northward, into the office park, so that additional buffer area
can occur between the Mahon Creek wetland and the pedestrian path. The portion
of the path behind Building B shall be located as close to the building as possible.
b. The buffer design, which shall include recommendations for native plant species and
improvements, shall be designed by a biologist, in consultation with the California
Department of Fish and Game staff.
C. The buffer mitigation shall be reviewed by the Design Review Board, as part of the
Board's review of the final landscaping and irrigation plans for development.
d. A low, open fence shall be installed between the private pedestrian path and the
landscape buffer area to detour pedestrians from trespassing in the buffer area. The
fence details shall be included in the final landscaping and irrigation plans.
In the event that the City secures approvals from the US Army Corps of Engineers that would
realign or adjust the boundary of the approved and yet -to -be constructed wetland (to avoid
creation of a wetland in an area containing a groundwater monitoring well), the provisions
of this condition shall not be required, provided that the edge of the new wetland boundary
is a minimum of 50 feet from the closest building.
27. A two-year landscape maintenance bond shall be posted to ensure that all landscaping is
3A-11
maintained in a healthy and thriving condition, free of weeds and debris.
28. A detailed plan shall be prepared presenting the location, specifications (for racks and/or
lockers) and amount of bicycle parking, as required by Section 14.18.090 (Bicycle Parking)
of the San Rafael Zoning Ordinance. The bicycle parking plan shall be approved by the
Design Review Board. The amount of on-site bicycle parking shall be 3% of the requirement
for automobile parking (41 bicycle spaces for project build -out). The plan shall show bicycle
parking for full build -out of the office development. The bicycle parking shall be located in
an enclosed, secure area where both bicycle tires and frames can be locked. Bicycle parking
can be installed in phases, consistent with the approved project phasing.
29. A detailed exterior lighting plan shall be prepared and submitted for review by the Police,
Public Works and Community Development Departments and approval by the Design Review
Board. The lighting plan shall include the following details, specifications and information:
a. A detailed plan showing the location, amount and fixture specification for the parking
structure(s). Fixture specifications shall include information on intensity of
illumination and shielding measures to reduce glare from the public street.
b. The final plan for all exterior lighting shall include a photometric study demonstrating
the lighting coverage area for the selected fixture.
C. A minimum one -foot candle at ground level overlap shall be provided in all exterior
doorways and vehicle parking areas.
d. A minimum 1 '/2 foot candle at ground overlap shall be provided along all outdoor
pedestrian walkways.
e. A minimum 1 'h foot candle shall be required for all directional lighting.
f. Detailed specifications for all pole -mounted parking lot lighting shall be included in
the final lighting plan.
g. All exterior lighting shall be on a master photoelectric cell to operate during evening
hours (hours of darkness).
h. All pedestrian, garden and exterior lighting shall be vandal -resistant.
30. Samples of final building materials and colors for all office buildings and parking structures
shall be submitted for review and approval by the Design Review Board. Final building
materials and colors that are selected by the project sponsor shall include the use of non-
glare/non-reflective glass. The approved colors and materials shall be placed on a board(s),
no larger than 8 '/2" X 11" in size and kept on -file with the Planning Division. Prior to the
issuance of building permits for each building, the Planning Division staff shall ensure that the
final construction drawings are in compliance with the approved color and materials board.
31. The final plans for issuance of building permits for the office buildings shall include a roof
plan, which presents details and specifications for reasonable screening of rooftop mechanical
equipment and all other mechanical equipment (air conditioning units, meters and
transformers and appurtences that are not entirely enclosed within the building structures).
3A-12
32. A detailed sign program shall be prepared and submitted for review and approval by the
Design Review Board. The program shall be designed consistent with the provisions of the
San Rafael Sign Ordinance (Chapter 19). The design, materials and illumination for the signs
program shall be compatible with the design of the office buildings and improvements.
33. The project sponsor shall comply with the conditions of the Marin Municipal Water District
for obtaining water service for the project.
34. Per conditions of approval for the office park use permit (UP -97-10), prior to the issuance
of a building permit for Phase I construction, the applicant shall submit a detailed
Transportation Systems Management Program (TSM). The TSM shall include all information
outlined and required in UP -97-10.
Community Development Department- Building and Safety Division
35. An engineered site improvement plan for each development phase shall be prepared and
submitted with the application for a building permit(s). The engineered site plan shall include
the following information:
a. All existing and proposed improvements for on-site conditions.
b. All existing and proposed off-site improvements.
C. The location of all existing and proposed sanitary sewer facilities.
d. The location of all existing and proposed frontage improvements.
e. The location of all existing and proposed utilities.
36. All frontage improvements shall be constructed in accordance with the "Uniform Construction
Standards for the Cities and County of Marin".
37. Any unused driveways shall be removed and replaced with standard curb, gutter and sidewalk.
38. All existing curb, gutter and sidewalk damaged during construction shall be replaced to the
satisfaction of the City Engineer.
39. All utility services for the project shall be placed underground.
40. All structures shall be in compliance with Title 18 of the City of San Rafael Municipal Code
"Protection of Flood Hazard Areas".
41. A Level `B" geotechnical investigation shall be submitted with the application for each
building permit.
42. Except as specified in the following for seismic regulations, the project shall be constructed
according to the Uniform Building Code, 1994 Edition, as adopted and amended by the City
of San Rafael (Municipal Code Chapter 12.12). All construction elements of the project shall
adhere to the seismic provisions of the 1997 Uniform Building Code (UBC), using the criteria
3A-13
from the UBC tables that are summarized in the Fair, Isaac Office Park Final Environmental
Impact Report, December 1997, on file with the City Community Development Department.
The construction plans shall include the following:
a. Foundation design shall identify and account for differences in ground acceleration
across the site.
b. Non-structural facilities and installed equipment shall be evaluated to ensure the
design and installation is earthquake resistant.
Police Department
43. The final plans for construction of the office buildings and parking structures shall include the
following crime prevention measures:
a. Any window in or within 40 inches of an exterior door shall be stationary and non -
removable.
b. Louvered windows shall not be installed within eight feet of the ground level.
C. All operable windows within 12 feet of the ground level shall have a secondary lock
mounted to the front 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
'/2 inch minimum length.
d. Delivery doors shall have a viewer that provides a minimum 180 degrees peripheral
vision.
e. Glass on all exterior doors or window glazing within 40 inches of an exterior door
shall be break -resistant or glass -like materials to the satisfaction of the Police
Department.
f. In -swinging exterior doors shall have rabbeted jambs. Exterior doors that swing
outward shall have non -removal pins.
g. Exterior jambs for doors shall be constructed or protected 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 penetrate into the solid backing beyond the
jamb.
h. Metal -framed doors shall be set in metal door jambs. Metal -framed glass door shall
have a deadbolt lock with a cylinder guard and a hardened steel throw that is a
minimum of one (1) inch in length.
I. All exterior doors shall have a solid core construction with a minimum thickness of
13/4 inches or with panels not less than 9/16 inch thick.
j. All permanently fixed ladders leading to roofs shall be fully enclosed with sheet metal
to a height of ten (10) feet. The covering shall be locked against the ladder with a
casehardened hasp steel shackle, locking at both heel and toe, and have a minimum
of five pin tumbler operation.
k. Perimeter walls, fences, trash storage areas, etc., shall be built to limit and/or prevent
access to the roof or balconies.
1. Exposed roof vents and ducts shall be grated or constructed of an impact -resistant
material to the satisfaction of the Police Department.
3A-14
Fire Department
44. All five office buildings (including the three story buildings) shall comply with the following
Uniform Building Code, 1994 edition, sections:
a. Compliance with UBC Section
roof of the building(s).
b. Compliance with UBC Section
system at all exit stairs.
During Grading and Construction
1006.14, requiring that one stair be provided to the
904.5.3, requiring the installation of a standpipe
Fire Department
45. No Parking - Fire Lane signs and curb markings shall be installed for all access roadways,
parking lots/structures and driveways, as specified by the Fire Marshal, conforming to Fire
Prevention Standard 204.
46. Prior to the installation of all automatic and fixed fire extinguishing and detection systems,
a permit application shall be submitted to the Fire Prevention Bureau with two sets of plans
for review. Specification sheets for each type of device shall be submitted for review.
47. An automatic fire sprinkler system shall be installed in all buildings and structures, as required
by the Uniform Building Code (UBC), 1994 edition, and Fire Code, 1994 edition, as
amended by the City of San Rafael. The system shall conform to NFPA Std. 13.
48. All grading and construction activities shall comply with the revised Soil Management Work
Plan and Health and Safety Plan, Harding Lawson and Associates, dated June 12, 1997 and
revised September 30, 1997, as approved by the Department of Toxic Substances Control and
the California Regional Water Quality Control Board.
Community Development Department- Building and Safety Division
49. The project sponsor shall be responsible for overseeing and/or ensuring that the contractors
properly implement the approved construction logistics/staging plan. Signs shall be posted
informing workers of restricted hours and fines for violations.
50. No storage of construction materials is permitted in the public right-of-way, without a City
encroachment permit.
51. Dust control measures shall be implemented during all phases of grading and construction.
The specific dust control measures shall be consistent and/or compatible with the provisions,
specifications and restrictions of the Soil Management Work Plan and the Health and Safety
Plans, as approved by the State Department of Toxic Substances Controls (DTSC) and the
California Regional Water Quality Control Board (RWQCB).
52. During grading and construction, all activities shall comply with the approved Stormwater
3A-15
Pollution Prevention Plan (SWPPP), as required by condition 16, above.
53. All earth and foundation work shall be performed under the supervision of the project
geotechnical/soils engineer, consistent with the approved soils report/investigation. The
project sponsor shall employ the services of a licensed geotechnical engineer (at no cost to
the City) to provide appropriate inspections during grading and construction of site
improvements. Upon completion of grading and installation of site improvements, the
engineer shall certify, in writing, that all work has been completed consistent with the
approved Soil Management Work Plan (SMWP) and Health and Safety Plan (HSP).
54. The approved construction logistics and staging plan (required by condition 15, above) shall
be implemented through construction of the project. Any changes to the plan that are
required to address changes in conditions or construction operations shall be approved by the
Department of Public Works, Community Development Department and the Fire Department.
Prior to Completion of a Final Inspection for Building Occupancy
Community Development Department- Land Development Division
55. Prior to the acceptance of all off-site improvements, "as -built" drawings and plans shall be
submitted to the City. The "as-builts" shall be accompanied by a letter from the project civil
engineer which confirms that the plans reflect the improvements that have been installed. In
addition, "as -built" drawings and plans shall be prepared for all on-site improvements and
shall be submitted to the City.
Community Development Department- Planning Division
56. All landscaping and irrigation for each development phase shall be installed and/or bonded
prior to occupancy of that phase.
Fire Department
57. Addresses shall be posted for each building, conforming to Fire Prevention Std. 205 and
205A.
58. A Fire Department approved Knox keyway system is required to be installed, conforming to
Fire Prevention Std. 202.
Police Department
59. The Crime Prevention Office may require a final inspection to ensure compliance with
security -related requirements.
Post Construction Monitoring
Department of Community Development- Planning Division
60. After the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 30-
3A-16
day lighting level review by the Planning Division and the Police Department to ensure
compatibility with the surrounding area.
Fire Department
61. The alarms installed for the fire detection systems and commercial fire sprinklers shall be
monitored by a UL Central Station Company, approved by the San Rafael Fire Department.
The alarms/systems shall be issued a UL serially numbered Certificate for Central Station Fire
Alarms.
On-going (Throughout Processing and Construction)
62. City staff time required for implementation and monitoring of the Mitigation Monitoring
Program/Plan shall be subject to cost recovery fees charged to the project sponsor.
63. All meetings with or inspections by the Fire Department require a minimum 24-hour advance
appointment.
c:\edcndns.fi
3A-17
ATTACHMENT 3B
Conditions for Tentative Map
Fair, Isaac Office Park
as approved by the City Council on February 17, 1998
(TS -97-1)
General Condition
1. This Tentative Map (TS -97-1) approves a subdivision of nine parcels for office park
development on the subject site, which is bordered by Second Street to the north, Mahon
Creek to the east, Andersen Drive and Mahon Creek to the southeast, and the Pacific Gas and
Electric (PG &E) substation and vacant land to the west. The subdivision is served by
Second Street, Lindaro Street and Lincoln Avenue. The project site consists of three
Assessor's Parcels as follows: the "western parcel" (AP 13-012-120, Parcels 1 and 4); the
"central parcel" (AP 13-021-100, Parcels 2, 3, 5, 6 and 7); and the "eastern parcel (AP 13-
021-190, Parcels 8 and 9). The Tentative Map is approved with the condition that the Final
Map and Improvement Plans may be filed and recorded in phases, consistent with the project
phasing described in UP -97-10 and ED -97-24. If multiple Final Maps are filed, each phase
shall be required to comply with all of the Tentative Map conditions that are listed below.
Effective date of this Tentative Map shall be the effective date of the ordinance adopted for
the PD (Planned Development) District. The Tentative Map shall be valid as follows:
a. If project approvals do not include a Development Agreement, as authorized by the
California Government Code Section 65864 et seq., then the Tentative Map shall be
approved for a term of two years, said term commencing at the effective date of the
ordinance for the PD District rezoning (ZC-97-2). If a Final Map is not recorded
prior to the expiration date, then an extension shall be requested by the applicant.
b. If the project approvals include a Development Agreement, as authorized by the
California Government Code Section 65864 et seq., then the Tentative Map shall be
approved for a term as defined in the Development Agreement.
Within 60 Days of City Council Approval of Ordinance for PD District Rezoning (ZC-97-2)
2. The title of the Tentative Map shall be revised to delete the word "Vesting". A revised
Tentative Map shall be filed with the Community Development Department.
3. Draft Conditions, Covenants and Restrictions (CC & Rs) shall be prepared and submitted for
review and approval by the Community Development Department, Redevelopment Agency,
Public Works Department and the City Attorney's Office. The CC & Rs shall include/address
the following:
a. The CC & Rs shall include provisions for the establishment of an property owners
association, or other management arrangements representing the owners within the
office park. The purpose of the association is to oversee maintenance and ownership
of common area landscaping and to be responsible for monitoring and overseeing the
3B-1
required Transportation Management Program (TSM) and completion of required
parking studies.
b. The CC & Rs shall include provisions for all easements and rights of access to the
appropriate agencies and utilities for on-site utilities and groundwater remediation
facilities.
C. The CC & Rs shall include provisions for permanent, on-going maintenance of the
center median landscaping proposed within the Lindaro Street right-of-way between
Second Street and Andersen Drive.
d. The CC & Rs shall acknowledge that use of the western parcel (Parcels 1 and 4) and
central parcel (Parcels 2, 3, 5, 6, 7) are subject to a Covenant of Deed Restriction,
recorded August 10, 1989. This covenant restricts the use of the land and
acknowledges the continued maintenance and operation of the on-site groundwater
remediation improvements and easements.
e. The CC & Rs shall be subject to amendment by the Owners, provided that the
provisions thereof which directly implement the requirements of this condition 3 shall
not be amended without the prior consent of the City of San Rafael Director of
Community Development.
Prior to the Filing of a Final Map for Approval and Recordation
Community Development Department- Planning Division
4. The Final Map and Improvement Plans shall be prepared to be consistent with the project uses
and improvements described and required for ZC-97-2 (PD District zoning), UP -97-10 (Use
Permit) and ED -97-24 (Environmental and Design Review Permit).
5. All grading and site improvement activities shall incorporate the required mitigation measures
presented in the Fair, Isaac Office Park Final Environmental Impact Report, December 1997
and the approved Mitigation Monitoring Program/Plan, both on file with Department of
Community Development.
6. The final CC & Rs shall be submitted for review and approval. The final CC & Rs shall
comply with the content requirements specified in condition 2, above and reflect all comments
and corrections recommended by City staff during review of the draft CC & R. The final,
approved CC & Rs shall be recorded with the Final Map.
7. Restrictive covenants shall be recorded for the following parcels and noted on the face of the
Final Map:
a. A restrictive covenant shall be recorded to encumber, in perpetuity, Parcels 1, 2 and
3 for the benefit of the City providing that any conveyance of any of those parcels
separate from the others shall include a reservation or grant of easements, or other
perpetual right over Parcel 1 for the benefit of Parcels 2 and 3, individually, to provide
the parking required by UP -97-10 and ED -97-24, for each of those parcels as then
developed.
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b. A restrictive covenant shall be recorded to encumber, in perpetuity, Parcels 4, 5, 6
and 7 for the benefit of the City providing that any conveyance of any of those parcels
separate from the others shall include a reservation or grant of easements or other
perpetual rights over Parcel 4 for the benefit of Parcels 5, 6 and 7, individually, to
provide the parking required by UP -97-10 and ED -97-24 for each of those parcels as
then developed.
C. A restrictive covenant shall be recorded to encumber, in perpetuity, Parcels 5, 6, 7,
8 and 9 for the benefit of the City providing that any conveyance of any of those
Parcels separate from the others shall include a reservation or grant of easements, or
other perpetual rights over Parcels 8 and 9 for the benefit of Parcels 5, 6 and 7,
individually, to provide the parking required by UP -97-10 and ED -97-24, for each of
those parcels as then developed.
d. In the event additional on-site parking is deemed necessary and an approved "parking
contingency plan" is implemented, the restrictive covenants may need to be amended
to ensure that the additional parking is provided to serve all of the office building
parcels (Parcels 2, 3, 5, 6 and 7), in perpetuity.
The Final Map shall include a note on the face of the map that acknowledges that the western
and central parcels (Parcels #1-7) are subject to a "Covenant of Deed Restriction", recorded
on August 10, 1989. This restriction establishes specific limits on use of the land and current
improvements on the site that are to remain for monitoring and remediation of groundwater
contaminants. The form and content of said deed restriction shall be submitted to the
Department of Public Works, Community Development Department and the City Attorney's
Office for review and approval, prior to recordation of the Final Map.
9. The specific location of the eastern property lines of the eastern parcel (Parcels 8 and 9) shall
be determined based on the ultimate land area for purchase of the Corporation Yard. The
Final Map that encompasses the eastern parcel (Phase II, Parcels 8 and 9) shall not be
recorded until a Disposition and Development Agreement for purchase of this property has
been executed.
Community Development Department- Building and Safety Division
10. The Final Map and Improvements Plans shall include the dedication of and improvements for
sufficient right-of-way along Lindaro Street, from Second Street to Andersen Drive, as
conceptually shown on the plans entitled, "Proposed Boundaries and Phase I Improvements",
prepared by CSW/Stuber-Stroeh Engineering Group, Inc., October 1997 and approved by
the Public Works Director. In general, the required dedication and improvements shall
include the following:
a. A 16 foot wide southbound "through" lane is required, except at the following
intersections:
1) Western Parcel/Building A driveway entrances shall have a 12 foot wide
"through" lane, a 10 foot wide left turn lane (with a minimum of 40 feet of
storage length) and a 10 foot wide right turn lane (with a minimum of 180 feet
of storage length).
2) Andersen Drive intersection shall have a 14 foot wide "through" lane and a 10
foot wide left turn lane (with a minimum of 120 feet of storage length).
b. A 16 foot wide northbound "through" lane is required, except at the following
intersections:
1) Western Parcel/Building A driveway entrances shall have a 14 foot wide
"through" lane and a 10 foot wide left turn lane (with a minimum of 60 feet
of storage length).
2) At Second Street, a 12 foot wide "through" lane and a 14 foot wide right turn
lane (with minimum of 300 feet of storage length) shall be provided.
C. Eight foot wide parking "pull-outs" shall be provided between the Western
Parcel/Building A entrances and Andersen Drive. Of this total, a minimum of six
spaces shall be provided on the westside of the street and a minimum of four spaces
shall be provided on the eastside of the street.
d. Installation of a new center median along a portion of Lindaro Street. The center
median shall be landscaped with trees and groundcover and irrigated, when the
landscaped area is a minimum of five feet in width.
e. Installation of new sidewalk and street trees in tree wells.
f. Installation of street lights.
g. To accommodate the widening, the developer is responsible for the relocation of and
modifications to traffic signal mast arms, fire hydrants, poles, etc.
h. Mid -block pedestrian signals and/or other crossing pedestrian measures (e.g., full
actuated signal), as deemed appropriate by the City Engineer. A raised table shall be
included in the plans delineating the mid -block pedestrian crossing. The table shall
be surfaced with a decorative pavement material that is acceptable to the City
Engineer and in accordance with the City's standards for public right-of-way surfaces.
The Final Map and Improvement Plans shall include the dedication of and improvements
along Lincoln Avenue from Second Street to the Mahon Creek Bridge, as conceptually shown
on the plans entitled "Proposed Boundaries and Phase I Improvements", prepared by
CSW/Stuber-Stroeh Engineering Group, Inc., dated October 1997 and as approved by the
Public Works Director. In general, the improvements shall include the following:
a. A landscaping strip with street trees, on both sides of the street (planting and street
tree species, size and location as required by conditions of approval for ED -97-24,
requiring approval by the Design Review Board and the Public Works Department).
b. A new sidewalk, on both sides of the street.
C. Curb returns and wheelchair ramps at the intersection.
d. Installation of street lights.
e. Mid -block pedestrian signals and/or other crossing pedestrian measures (e.g., full
actuated signal), as deemed appropriate by the City Engineer. A raised table shall be
included in the plans delineating the mid -block pedestrian crossing. The table shall
be surfaced with a decorative pavement material that is acceptable to the City
Engineer and in accordance with the City's standards for public right-of-way surfaces.
f. Installation of bicycle route signage for a Class III bicycle route along Lincoln
Avenue, between Lincoln Avenue and the Mahon Creek bridge, as required by
conditions of approval for ED -97-24. The signage and markings shall be installed as
part of the frontage improvements.
g. To accommodate the widening, the developer is responsible for the relocation of and
modifications to traffic signal mast arms, fire hydrants, poles, etc.
12. The Final Map and Improvement Plans shall include the dedication of sufficient right-of-way
along Second Street from the westerly property line of the western parcel (130 feet west of
Lindaro Street) to western boundary of the eastern parcel (Lincoln Avenue) as conceptually
shown on the plans entitled, "Proposed Boundaries & Phase I Improvements", prepared by
CSW/Stuber-Stroeh Engineering Group, Inc., October 1997, as approved by the Director of
Public Works. The dedication shall accommodate both the project -related traffic
improvements (sole expense of developer) and Downtown circulation planned improvements
(as required by the San Rafael General Plan 2000, Policy C -8n), as described as follows and
as also required by conditions of approval for ED -97-24:
a. Four (4) continuous travel lanes with a minimum 46 foot curb -to -curb width (north
curb line to remain). A portion of this lane widening (from Lincoln Avenue to a point
400 feet west of the intersection of Lincoln Avenue and Second Street) is a
Downtown circulation planned improvement, as required by the San Rafael General
Plan (Policy C -8n). For this portion of the road widening, the developer is
responsible for the project's fair share contribution to the cost of this widening. For
the projects fair share contribution, see conditions of approval for ED -97-24.
b. An exclusive 11 -foot wide right turn lane approaching Lincoln Avenue designed with
a minimum of storage length of 120 feet.
C. A landscaping planting strip with street trees, except as plaza area (planting and street
tree species, size and location as required by conditions of approval for ED -97-24,
requiring approval by the Design Review Board and the Public Works Department).
d. A new sidewalk.
e. Curb returns and wheelchair ramps at intersections.
f. Installation of street light standards.
g. To accommodate the widening, relocation of and modifications to traffic signal mast
arms, fire hydrants, poles, etc. are required.
13. The Final Map shall include the dedication of sufficient right-of-way along Second Street,
between Lincoln Avenue and Francisco Boulevard West. The dedication shall accommodate
a total of five travel lanes (additional travel lane and additional right -turn lane, north curb line
to remain) and necessary frontage improvements. The developer shall be responsible for
contributing the project's fair share contribution for the additional lane costs, as required by
conditions of approval for ED -97-24.
14. The Final Map shall include the dedication of the following easements:
a. Dedicate to the San Rafael Sanitation District, a 20 foot wide sanitary sewer easement
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along the existing sanitary line (through Parcels 8 and 9), as approved by the District
Administrator.
b. Dedicate a drainage easement along Mahon Creek (Parcels 8 and 9) to the future top
of creek bank required for the 100 -year flood project, as approved by the Director of
Public Works.
C. Dedicate an easement encompassing the existing Second Street stormwater pump
station and 20 foot access thereto.
d. Dedicate a temporary utility easement along the Second Street frontage for the
temporary relocation of overhead utility poles. The easement shall be abandoned
when the relocated poles are removed and the Second Street utilities are placed
underground.
15. A subdivision agreement, in a form acceptable to the Department of Public Works and the
City Attorney's Office, shall be executed by the project sponsor for the construction of all
public improvements. If the subdivision map is filed and recorded in phases, the agreement
shall address those improvements that are relevant or specific to the construction phase (e.g.,
frontage improvements along the eastside of Lincoln Avenue during Phase II). If the one Final
Map is filed and recorded for the subdivision, the subdivision agreement shall establish
separate schedules and costs for phased completion of public improvements.
16. Off-site improvements required to be completed by the project sponsor shall include the
installation of the proposed, center landscaping median along Lindaro Street. The property
owner(s) shall be responsible for maintaining this median (landscaping and irrigation) in
perpetuity (see condition 2 regarding CC & Rs). The Final Map shall include a note that
addresses this maintenance responsibility.
17. An engineer's estimate shall be submitted for the cost of the public improvements. The
estimate shall be subject to the review and approval of the City Engineer.
18. Based on the engineer's estimate, bonding or other approved security measures shall be
required to ensure the completion of the improvements.
19. Plan check and inspection fees shall be paid based on the engineer's estimate.
20. The Final Map shall show all existing and proposed easements.
21. Engineered improvement plans shall be completed and submitted for construction of all public
improvements.
22. The drainage system that is outlined in the Fair, Isaac Office Park Final Environmental Impact
Report, November 1997, is approved in concept only. The final drainage configuration shall
be subject to the approval of the City Engineer.
23. The Final Map and Improvement Plans shall be signed by each of the respective utility
companies that are providing services to the subdivision.
24. The face of the Final Map shall include a note which indicates that the center median
landscaping proposed within the Lindaro Street right-of-way, between Second Street and
Andersen Drive, will be maintained, in perpetuity, by the owners of the office park (to be
included in CC & Rs, as required by condition 3c).
Prior to the Issuance of a Grading Permit for Subdivision Improvements
25. No grading permit for subdivision improvements shall be issued until written proof and/or
approval has been provided by the RWQCB and the DTSC confirming that these agencies
have approved the revised Soil Management Work Plan and Health and Safety Plan.
Provisions for the preparation, submittal and review of these plans shall be the same as
required by conditions of approval for ED -97-24.
During Construction
26. The project sponsor shall be responsible for overseeing and/or ensuring that the contractors
properly implement the approved construction logistics/staging plan. Signs shall be posted
informing workers of restricted hours and fines for violations.
27. The construction of subdivision improvements shall be subject to all of the conditions required
for ED -97-24, which must be met or implemented during construction.
28. New curb, gutter and sidewalk shall be constructed along the property frontages along
Second Street, Lindaro Street and Lincoln Avenue.
29. Signage, striping and other traffic control devices shall be installed, as required by the City
Traffic Engineer. Striping shall include new pedestrian crosswalks across the street
intersections that are adjacent to the subject property (devices and striping along Second
Street to be completed by the City).
30. The roadway pavement section shall be designed and installed consistent with the Traffic
Index (T.I.), acceptable to the City Traffic Engineer.
Prior to Completion of Final Inspection of Subdivision Improvements
31. Prior to the acceptance of all off-site improvements, mylar "as -built" drawings and plans shall
be submitted to the City. The "as-builts" shall be accompanied by a letter from the project
engineer which confirms that the plans reflect the improvements that are to be installed.
On-going (Throughout Processing and Construction)
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32. City staff time required for implementation and monitoring of the Mitigation Monitoring
Program/Plan shall be subject to cost recovery fees charged to the project sponsor.
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ATTACHMEENT 3C
Conditions for Use Permit
Fair, Isaac Office Park
as approved by the City Council on February 17, 1998
(UP -97-10)
1. This Use Permit (UP -97-10) approves up to 406,000 square feet of building area for general
and administrative office use for the project site, which is bordered by Second Street to the
north, Mahon Creek to the east, Andersen Drive and Mahon Creek to the southeast, and the
Pacific Gas and Electric (PG &E) substation and vacant land to the west. The project site is
served by Second Street, Lindaro Street and Lincoln Avenue. The project site consists of
three Assessor's Parcels, as follows: the "western parcel" (AP 13-012-120); the "central
parcel" (AP 13-021-100) and the "eastern parcel" (AP 13-021-190). This Use Permit
approves the following:
a. On-site parking required for office use and development on the central parcel shall be
provided on the western parcel and eastern parcel. As required by TS -97-1, a
restrictive covenant shall be recorded on to encumber the western parcel and the
eastern parcel, ensuring that any conveyance of these parcels shall include a
reservation or grant of easement to the benefit of the central parcel to provide parking
required by this Use Permit and the Environmental and Design Review Permit (ED -
97 -24). The specific requirements for recording the restrictive covenant are provided
in conditions of approval for TS -97-1.
b. This Use Permit approves project development and occupancy in a minimum of two
phases, as follows:
(1) Phase I shall consist of: (a) Office Building A and Building B and surface
parking on the central parcel; and (b) surface parking on the western parcel.
(2) Phase II shall consist of. (a) Office Building C, and/or Building D, and/or
Building E, with each building allowed to be constructed and occupied
simultaneously with the others or sequentially one at a time, in any order
chosen; and (b) parking structures on the western and eastern parcels and
associated with any or all buildings, so long as sufficient parking, as approved
for development under this Use Permit is provided.
C. The use permit allows continued use of the eastern parcel as a City of San Rafael
Corporation Yard until the yard has been relocated to another site.
d. Use of the western parcel and the central parcel are subject to the Covenant of Deed
Restriction, recorded on August 10, 1989. This covenant restricts the uses that are
permitted on these properties and requires continued maintenance and monitoring of
on-site groundwater conditions. The Use Permit, as well as the Covenant of Deed
Restriction, recognizes that the western parcel and the central parcel contain utilities
and groundwater remediation improvements that are to remain on these sites in
perpetuity.
Effective date of this Use Permit shall be the effective date of the ordinance adopted for the
PD (Planned Development) District zoning.
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2. This Use Permit approves a building height bonus for Buildings A (Phase I) C, D & E (Phase
II) conditioned upon the permanent public use and availability of the following facilities
contained in and adjacent to Building A, and as depicted and presented in Attachment B-1 of
this staff report, information and graphics from Fair, Isaac and Company, Inc., dated February
3, 1998:
* 10,000 gross square feet of indoor conference and meeting space located on the first
floor of the northern wing of Building A, inclusive of pre-meeting/lobby areas,
corridors and restrooms accessible to the user.
* 16,000 square feet of outdoor plaza area adjacent to Building A. Seasonal use of the
facilities from May 1 through October 31.
* 19,000 square feet of lawn amphitheater. Seasonal use of the facilities from May 1
through October 31.
The public use of the these facilities shall be subject to the following conditions:
a. Permanent public use of these facilities shall be defined as being available "by
appointment".
b. The facilities shall be available for community use at minimum, as follows:
(1) 5:30 PM to 10:00 PM, Monday through Friday.
(2) 8:00 AM to 10:00 PM, Saturday and Sunday.
C. Users of the facilities shall include not-for-profit organizations, homeowners
associations and neighborhood groups/organizations within the City of San Rafael,
schools within the City of San Rafael, and the City of San Rafael. Use of the facilities
by governmental agencies shall be permitted if the function or event is related to a San
Rafael issue or activity. No fee for use of the facilities shall be charged for non-profit
organizations and neighborhood groups/organizations, except for deposits required
for cleaning and security.
d. Users of the facilities shall be subject specific rules, regulations and guidelines
maintained by the property owners and/or the association of owners within the office
park development. All rules, regulations and guidelines shall be submitted to the City
for approval and shall be maintained on -file with this use permit.
3. This Use Permit approves an office parking ratio of 3 parking spaces per 1000 square feet of
gross office building area. However, the City may determine, through continued monitoring
and additional study following occupancy that either a) additional on-site parking is required
to bring the total number of spaces provided up to 1 space per 300 gross square feet of office
building area or b) other measures must be taken which reduces the demand of available on-
site parking. A "parking contingency plan" is required to be prepared per the conditions of
ED -97-24. This "parking contingency plan" is required to present a) a parking/landscaping
reserve and/or revisions to the parking layout of the parking structures demonstrating
compliance with the 1:300 parking ratio for both Phase I and Phase II development or b) an
alternative plan that is satisfactory to the City, which reduces the overall demand of the
available on-site parking. The following monitoring and reporting on the adequacy of on-site
parking shall be required:
a. One year following completion and occupancy of Phase I, a report on the adequacy
3C-2
of the parking shall be prepared and submitted to the Community Development
Department. This report shall be prepared by a licensed traffic engineer and shall 1)
analyze parking use, occupancy and vacancy and 2) present recommendations on
contingency measures and/or the need for implementing the "parking contingency
plan". The report shall be reviewed by the City Traffic Engineer or a traffic engineer
hired by the City, at the cost of the project sponsor, to confirm the report findings.
b. One year following completion and occupancy of Phase H, an identical parking report
as required by 3a above, shall be prepared and submitted to the Community
Development Department for review and approval.
C. If the project results in more than two phases of construction, a report on parking, as
required by 3a above, shall be submitted on an annual basis until one year following
full occupancy of the office development.
d. If the City determines that the "parking contingency plan" must be implemented,
either 1) the additional parking spaces shall be installed within the construction time
frame established in the approved "parking contingency plan", or 2) other measures
must be taken to reduce the demand due to the available parking (per conditions of
approval for ED -97-24).
e. The City, at any time, may require review and study of the on-site parking. If during
this periodic review and study, it is determined that additional parking or
implementation of an alternative plan is warranted, the City may require the project
sponsor to implement the approved "parking contingency plan' or an alternative plan,
as described above and in permit ED -97-24 that is acceptable to the City.
4. Consistent with San Rafael General Plan 2000 Circulation Element Policy C-22, the office
park building tenants/property owners shall be required to implement a Transportation
Systems Management Program (TSM). This program can be structured to address or
incorporate the proposed parking provisions and monitoring requirements presented in
condition 3, above. Prior to issuance of a building permit for Phase I, a detailed TSM
Program shall be prepared and submitted to the Community Development Department and
approved by the Director of Community Development (see condition of approval for ED -97-
24). The TSM Program shall include the following information:
a. Total number of employees and survey information on where all employees reside.
b. Methods of traffic management that are imposed such as telecommuting, satellite
offices, staggered work hours, preferential parking, car pooling, public transit use and
employee incentives for implementation.
C. Status report on the number of employees using methods of traffic management and
other measures employed that would determine the success of the program.
The program shall be required to be implemented through life of use permit, regardless of
whether the office is occupied by a single tenant or multiple tenants and building owners. As
tenants and/or land owners change, revisions to the TSM program shall be required to be
submitted to the Department of Community Development, prior to the issuance of a business
license. In event, the project results in multi -tenancy and/or multiple building owners, the
TSM program shall be managed and monitored by the office park owners association or
3C-3
management (Conditions of approval for TS -97-1 require the establishment of an office park
association of owners or office park management entity to oversee land management).
Following construction and occupancy, this use permit shall be valid until the office use is
discontinued. However, the initial approval of this Use Permit shall be valid as follows:
a. If the project approvals do not include a Development Agreement, as authorized by
California Government Code section 65864 et seq., then Phase I of UP -97-10 shall
be approved for a term of two years and Phase II of UP -97-10 shall be approved for
four years, said term(s) commencing at the effective date of the ordinance for the PD
(Planned Development) District rezoning (ZC-97-2). If a building permit(s) is not
issued prior to the expiration date of the respective terms, then an extension shall be
requested by the applicant.
b. If the project approvals include a Development Agreement, as authorized by
California Government Code section 65864 et seq., then both Phase I and Phase II of
UP -97-10 shall be approved for a term as defined in the Development Agreement.
6. The use permit shall be annually reviewed by the City commencing at the occupancy of Phase
I and continuing for a period of five years following full occupancy of the development.
Commencing on January 1, 2000 and continuing annually, the project sponsor shall submit
an application for use permit extension with the City. The purpose of the annual review is to
determine compliance with conditions of approval for the following:
a. Review the status of project phasing and construction (including conditions required
by ED -97-24).
b. Review project occupancy and phasing to determine adequacy of on-site parking.
C. Review TSM measures imposed by the office park tenants and property owners to
determine success.
d. Review use and operation of the conference/meeting facilities in Building A and other
outdoor use areas available for community use.
Annual review by the City shall be subject to cost recovery fees charged to the project
sponsor. Following the fifth year of full office park occupancy and operation, no annual
review of the use permit shall be required. However, the permit may be brought up for
review by the City at any time should the use a) not comply with City regulations, b) violate
conditions of project approval and/or c) should the use become detrimental to the public
health, safety and welfare or materially injurious to properties or improvements in the vicinity.
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