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HomeMy WebLinkAboutCC Resolution 9316 (Bayview Business Park Master Use Permit)RESOLUTION 9 31.6 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE AMENDMENT TO THE MASTER USE PERMIT FOR BAYVIEW BUSINESS PARK (UP82-65(c)) WHEREAS, notification of the proposed UP82-65(c) amendments occurred as specified by law; and, WHEREAS, staff identified the amendments, with corresponding background analysis in the February 14, 1995 staff Report to Planning Commission; and, WHEREAS, the proposed amendment to the master use permit is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Class 5(f)(i) of the City of San Rafael Environmental Assessment Procedures; and, WHEREAS, the San Rafael Planning Commission held a public hearing on February 14, 1995 and accepted the staff report and public testimony on the proposed amendments at that time and recommended approval of the proposed amendment to the San Rafael City Council; and, WHEREAS, the San Rafael City Council held a public hearing on March 6, 1995 and accepted the staff report and public testimony on the proposed amendments at that time; and, WHEREAS, the San Rafael City Council finds the recommended amendment to the master use permit to be in accord with the General Plan, the objectives of the Zoning Ordinance, and the purpose of the district in which it is located because the project, as conditioned, is consistent with the goals and policies of the General Plan 2000 including: the light industrial/ office land use designation; and, WHEREAS, the San Rafael City Council finds the recommended amendment to the master use permit together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City because the use is consistent with and does not intensify the previously approved master use permit; and, WHEREAS, the San Rafael City Council finds that the recommended amendment to the master use permit complies with each of the applicable provisions of the Planned District Zoning Ordinance as the light industrial and office uses are not proposed to change. NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council approves the amendment to the Master Use Permit outlined in Exhibit "A". The foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 6th day of March, 1995, by the following vote, to wit: qR�GINAI u3,e AYES: COUNCILMEMBERS : Cohen, Heller, Phillips, Zappetini. & Mayor Boro NOES: COUNCILMEMBERS : None ABSENT: COUNCILMEMBERS : None Jeanne \Le" inn, City Clerk -2- EXHIBIT "A" CONDITIONS OF APPROVAL: UP82-65(c): Public Works Department: (a) Streets and Roads 1) Right-of-way for the construction of Kerner Boulevard and Pelican Way shall be dedicated to the City in fee. (b) Frontage Improvements 1) New curb, gutter and sidewalk shall be installed along the entire Kerner Boulevard, Pelican Way and Francisco Boulevard frontages. (c) Levees and Seawalls 1) The existing levee shall be reconstructed to conform to current City and U. S. Army Corps of Engineers standards, as approved in the "Wetlands Mitigation Plan." 2) The improvement plans shall show all proposed and waterfront improvements. (d) Agreements and Securities 1) Prior to the issuance of building permits, the applicant shall formally agree not to protest the formation of an assessment district to construct Kerner Boulevard and Pelican Way and to implement the approved "Wetlands Mitigation Plan". This agreement shall be prepared by the applicant's counsel in a form agreeable to the City Attorney. 2) Construction of proposed public improvements may be deferred for one (1) year from project approval dates pending the formation of the proposed assessment district. Planning Department: (e) The Master Use Permit approves a total of 238,900 square feet of gross building area to be divided among the seven (7) buildings described and identified on the following drawings: Site Plan, Vickerman-Zachery-Miller (VZM), Sheet 1 of 9, dated 9-4-85 Tree Planting Plan, Speer & Associates, Sheet 2 of 9, dated 9-5-85 Landscaping Sections, Speer & Associates, Sheet 3 of 9, dated 9-5-85 Entry Plan/Section, Speer & Associates, Sheet 4 of 9, dated 9-5-85 Building B Elevations, VZM, Sheet 5 of 9, dated 9-5-85 Building C Elevations, VZM, Sheet 6 of 9, dated 9-5-85 Building A Elevations, VZM, Sheet 7 of 9, dated 9-5-85 Signage/Floor Plan/Section, VZM, Sheet 8 of 9, dated 9-5-85 (f) The maximum gross square footage for each building is approved as follows: Building A 40,000 square feet Building B 30,000 square feet Building C 20,000 square feet Building E 28,000 square feet Building F 41,400 square feet Building G 31,500 square feet Building H 48,000 square feet Building D is not approved. ME The Business Park shall be limited to a maximum of 104,000 square feet of Office use and 134,900 square feet of light industrial use. The distribution of office and light industrial use square footage among the seven buildings can be flexible provided that the maximum allotments presented herein are not exceeded for the entire Park. It shall be the responsibility of the Bayview Business Park Owner's Association to manage and monitor the use allotment. The Owner's Association shall be responsible for maintaining a use inventory of tenants for the entire Park. This inventory must identify all building tenants, square footages and use allotments. This inventory shall be made available to all building owners and tenants. (g) A City of San Rafael business license shall be required for each tenant. Each tenant filing for a business license must submit, to the Planning Department, a current use inventory of the Bayview Business Park, containing all building tenants, square footages and use allotments. (h) This use permit shall be reviewed annually by the City of San Rafael. The Bayview Business Park Owner's Association shall be responsible for filing the appropriate application for annual review. This application must include the submittal of a current use inventory of all buildings in the Park. The inventory shall identify tenant location and square footage, type of use and any changes in tenants within the past year. In addition, the inventory of uses shall identify the number of P. M. peak hour trips projected for each use/tenant, based on trip generation rates of 2.65 trips/1,000 square feet of office ad 1.4 trips/1,000 square feet of light industrial use. Ancillary uses permitted shall identify the number of P. M. peak hour trips bases on the trip generation rates specified in the Circulation Background section of the General Plan for East San Rafael or as determined by the City Traffic Engineer. The Owner's Association shall also demonstrate compliance with the maximum use mix allotment for the Park, specified in Condition (k). Approval of the use permit shall be subject to the City's finding that the office and light industrial use allotment for the complex has not been exceeded and that the Business Park will not contribute to traffic generation in excess of 442 P. M. peak hour trips. (i) Geology/Soils 1) Site filling shall be to elevation +10 MSL for ultimate grades of +6.5 to +8 MSL after 30 years of settlement. 2) Prior to placement of final fill on the site, the loose surficial fills currently existing on the site should be scarified, conditioned and compacted. 3) Imported fill should be free of organic material, and contain less than 5% rock or cobbles. 4) The seasonal marshland, southwest end of the site, permitted to be filled under Policies of the East San Rafael Wetlands Mitigation Plan, shall be drained and pumped dry prior to filling. 5) See Public Works Department Condition (b) 1 through 5 for grading and earthwork requirements. (j) Air Quality 1) Disturbance of any debris fill material as a result of grading, paving, or building construction shall require proper capping or covering of the area with clean fill material, or removal of contaminated material with disposal at an approved site to the satisfaction of the State Department of Health Services. (k) Plant/Animal Life - Wetland Mitigation Plan The project shall comply with all of the requirements and mitigation measures established in the East San Rafael Wetlands Mitigation Plan, approved U. S. Army -2- Corps and BCDC permits. These requirements include but are not limited to the Following: 1) Dedication in fee or establishment of easements over the pond areas and the tidelands east of the levee that are to be preserved as well as restoration to the tidal action and enhancement. Enhancement shall mean grading and landscaping of all transitional slopes around the pond area in compliance with the Wetlands Mitigation Plan. A four foot high vinyl clad cyclone fence shall be installed within the inner boundary of the five foot wide landscape buffer/upland habitat to discourage encroachment into pond areas. Climbing vines shall be planted at the base to encourage fence screening. 2) Dedication and improvement of the 100 foot wide shoreline band and levee with improvement of public access and parking from Pelican Way to the Shoreline to the satisfaction of Bay Conservation and Development Commission. A public access easement shall be granted from MMWD and the developer for shoreline band access from Pelican Way. 3) The applicant shall not protest the formation of an assessment district to implement the East San Rafael Wetlands Mitigation Plan. If the assessment district is not formed to implement the plan, the applicants shall be responsible for their fair share of implementation. (1) Traffic/Circulation 1) The applicant shall not protest the formation of an assessment district to implement the East San Rafael Wetlands Mitigation Plan. If the assessment district is not formed to implement the plan, the applicant shall be responsible for their fair share of implementation. 2) Public access to the shoreline band from the end of Pelican Way shall be approved by the Bay Conservation and Development Commission (BCDC) prior to design review approval of the first building. The access design shall include an inviting entrance from the end of Pelican Way with an access width to the satisfaction of BCDC and the Planning Director. The actual paved path shall be eight feet wide and asphalt concrete material. landscaping along the path shall screen the parking lot yet not obstruct views to the bay. Additionally, a change link fence shall be installed north of the access path between the access entrance at the Pelican Way cul-de-sac and the connection to the shoreline band to secure the Marin Municipal Water District storage yard and protect the access path. 3) The Bayview Business Park's traffic mitigation fee obligation, as per City Council Resolution 7229 dated November 18, 1985, is not to exceed $350,000.00 (as adjusted by the Lee Saylor Index since January 1984). Each of the seven buildings is obligated to pay 1/7 (one seventh) of the total traffic mitigation fee for the project. 4) In accordance with the Peremptory Writ of Mandate (#139023) issued by the Marin County Superior Court on January 26, 1989, development of Bayview Business Park, consistent with this approved Master Use Permit including the maximum square footages of light industrial and office uses an maximum P. M. peak hour trips, shall not be subject to further environmental review or the City's Priority Projects Procedures. (m) Project Design 1) Each building shall be subject to environmental and design review prior to the issuance of building permits. Each building shall carry a common architectural theme with use of similar colors and building materials. Each building may be -3- subject to minor design alterations approved by the Design Review Board and staff. 2) Boxing of all rooftop mechanical equipment shall be required in addition to the roof parapet. The boxing shall be constructed of the same material used for building siding. Details of equipment storage boxing shall be submitted with the design review application for each building. 3) A sign program for the entire project shall be submitted with the first design review application for a building. Like the building elevations and trash enclosures, the sign program shall have a common design theme throughout the project. (n) The final Master Plan shall be reviewed by the Marin/Sonoma Mosquito Abatement District for any recommended mitigation measures regarding mosquito abatement. This shall be completed prior to the design review application of the first building. -4-