HomeMy WebLinkAboutCC Resolution 9333 (110 Smith Ranch Roads Use Permit)RESOLUTION 9 3 3 3
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING USE
PERMITS AND ENVIRONMENTAL AND DESIGN REVIEW PERMITS FOR
A 2,250 SQUARE FOOT STORAGE BUILDING, A 122,528 SQUARE FOOT
OFFICE BUILDING AND A 4,100 SQUARE FOOT CHILD CARE FACILITY; A
BUILDING HEIGHT EXCEPTION APPLICATION TO ALLOW A 42 FOOT
OFFICE BUILDING AND A 3 LOT SUBDIVISION/LOT LINE .
REALIGNMENT; 110 Smith Ranch Road and at the end of Carlos Drive
(AP#s 155-121-04, 05 and 10)
(REGENCY CENTER - PHASE 2)
WHEREAS, applications requesting Environmental and Design Review Permits, Use
Permits, a Building Height Exception Permit and Subdivision/Lot Line Realignment for the
above referenced project was submitted to the Planning Department for review and
processing; and,
WHEREAS, an Initial Study and Negative Declaration were prepared by staff which
determined that the project would not create significant environmental impacts; and
WHEREAS, the design of the office building was reviewed by the Design Review Board and
the Board recommended approval of the project in April of 1989; and
WHEREAS, the design of the child care facility was reviewed by the Design Review Board
and the Board recommended approval of the project on January 18, 1995; and
WHEREAS, on April 11, 1995 the San Rafael Planning Commission reviewed the project
proposal, received the planning staff report recommendation and public testimony and
voted 7-0 to recommend approval (see Exhibit A for conditions of approval) of the project to
the City Council and Negative Declaration; and
WHEREAS, on April 17, 1995, the San Rafael City Council reviewed the project proposal,
received the Planning Commissions recommendation and public testimony and by separate
resolution has adopted the Negative Declaration for the project.
NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council approves UP 95-16,
ED 95-29, s94-10, ZC 94-5, ED 94-96 and UP 94-56 based on the following findings:
1. The Environmental and Design Review applications conform to the design standards
established in the General Plan 2000 and the Criteria for Approval of Applications listed in
Section 14.25.050 of the Zoning Ordinance.
2. The subdivision/lot line realignment application will result in the creation of 3 parcels
which conform to the City's zoning ordinance and building code requirements..
3. The 42 foot building height exception is required to accommodate a special use and
function of the building in that the office building is designed to accommodate "high tech"
office tenants with special requirements for lighting and computer needs. Furthermore, the
height exception will not adversely affect any scenic views, given the upslope location of
residential units in the area.
4. The proposed office, storage and child care facility uses are in accord with the General
Plan, the objectives of the zoning ordinance and the purposes of the district in which the
site is located. The operation of the office building and the child care facility, together with
the conditions of approval, are consistent with the land use designations of Office and
Neighborhood Commercial. Specifically, the uses are consistent with the General Plan
policies LU -14(b), LU -21, LU -57, C-4, C-7, C-18 and NE -17. Furthermore, office, storage and
child care uses are conditionally permitted in the PD zoning district and these uses are in
accord with the objectives of the Zoning Ordinance.
5. As conditioned, the establishment, maintenance or operation of the office building,
storage building or child care facility will not under the circumstances of the particular case,
be detrimental to the health, safety, peace, morals, comfort and general welfare of persons in
the neighborhood of such proposed uses or be detrimental or injurious to property and
improvements in the neighborhood or general welfare of the City in that required parking
is provided on-site.
I, Jeanne M. Leoncini, Clerk of the City of San Rafael, California, HEREBY CERTIFY
that the foregoing Resolution was duly and regularly introduced and adopted at a Regular
meeting of the Council of said City held on the
Seventeenth day of April ' 1995, by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Zappeti.ni & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: Phillips
JEANNE M. LEONCIl�I, City Clerk
-2-
CONDITIONS OF APPROVAL:,
s94-10
Public Works Department
EXHIBIT A
1. An Access and Egress Easement shall be established across Parcel 1 and Parcel 2 to
serve Parcel 3 (proposed child day care center).
2. Any existing public easements across the parcels shown on the tentative
subdivision map shall be retained.
3. Private Utility and Private Drainage easements shall be shown where necessary
on all parcels.
Planning Department
4. The subdivision/ realignment of lot lines shall be consistent with the plans on file
(dated October 17, 1994) and with the grading plan for Regency Center Phase 2 (dated
9/94) that identifies the setbacks of the existing building and the new office building
in relation to the location of the new property line.
5. This map shall be valid for two years, or until An_ ril 11. 1997, unless recorded with
the County of Marin.
UP 95-16
Planning Department
6. This use permit allows for the operation of a 122,528 square foot, 3 -story office
building and a 2,250 square foot building maintenance/storage building on Parcel 6B
of the Smith Ranch Master Plan.
7. This use permit shall be valid for two years, or until April 11. 1997, and shall
become null and void if a building permit is not issued. Prior to the expiration of
the permit, the applicant may file for an extension of the permit for review by the
City's Zoning Administrator.
UP 94-56
Planning Department
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REPORT TO PLANNING COMP "SION / PAGE 12FILE NO. UP 95-16/ED( '9/s94-10/ZC94-5/ED94-
96 /UP94-56
.8. This use permit allows for the operation of a 4,100 square foot child care facility on
Parcel 4 of the Smith Ranch Master Plan. This permit allows for the care of a
maximum of 75 children (infant, toddler and preschool) with 12 staff members. The
property owner shall contract with a private operator at a below market rent level.
Plans for the facility shall be consistent with plans on file at the Planning
Department (dated 12/14/94).
9. Amendments to the operation of the facility shall be filed with the City's Zoning
Administrator for review and approval.
10. This use permit shall be valid for two years, or until Anril 11, 1997, and shall
become null and void if a building permit is not issued. Prior to the expiration of
the permit, the applicant may file for an extension of the permit for review by the
City's Zoning Administrator.
ZC 94-5
Plannine Department
11. The Smith Ranch Master Plan shall be amended consistent with the new parcel
configurations stipulated by s94-10.
12. The following zoning is approved:
Area 4
a. Land Use: Child Care Facility
b. Area: .37 acre
c. Setbacks; Minimum as required by the General Plan for adequate buffer between
development areas and creek habitat areas. Determined through development
review process.
d. Coverage: 40% minimum landscape area.
e. Specific architectural standards; two-story maximum building height.
f. Drainage: Appropriate easements shall be granted for drainage for Parcel 11 as
necessary.
g. Parking; There will be joint use of parking by Parcels 4, 6B, 6D and 11.
Area 6B
a. Land Use: Office building and 2,250 square foot maintenance/ storage building
b. Area: 9.76 acres
c. Coverage: 25% minimum landscape area.
d. Tree Preservation: A stand of trees on the western edge of area 6B shall be
preserved.
e. 9necific Architectural Standards: Three-story maximum building height.
f. Parking:. There will be joint use of parking by Parcels 4, 6B, 6D and 11.
Area 6D
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FILE NO. ED 94-96/UPP 6/s94-10/ZC94-5/UP95-16/ED95-29
RE. JRT TO PLANNING COMMISSION / PAu-13
a. Land Use: Office building (includes existing cafe).
b. Area: 3.289 acres
c. CoveraLye: 25% minimum landscape area
d. Specific Architectural Standards: Three-story maximum building height.
e. Parking; There will be joint use of parking by Parcels 4, 6B, 6D and 11.
ED 94-96
Fire Department
13. A fire department approved Knox keyway system is required to be installed
conforming to Fire Prevention Std. 202.
14. Security Gates, Electronic Gates, or chains across driveways shall have installed
an approved Knox keyway system conforming to Fire Prevention Std. 202.
15. Addresses shall be posted conforming to Fire Prevention Std. 205.
16. Based on Uniform Building Code or Fire Code requirements, an automatic fire
sprinkler system shall be installed throughout conforming to NFPA Std.13.
17. The alarms from fire detection systems and commercial fire sprinkler systems
shall be monitored by a UL Central Station Company approved by the San Rafael
Fire Department and be issued a UL serially numbered Certificate for Central Station
Fire Alarms.
18. A permit application shall be submitted to the Fire Prevention Bureau with two
sets of plans for review prior to installation of all automatic and fixed fire
extinguishing and detection systems. Specification sheets for each type of device
shall also be submitted for review.
19. Due to the wildland fire interface area fire retardant roof covering is required
with a minimum Class "A" listing.
20. UL/SFM smoke detectors and openable bedroom windows shall be installed
conforming to the Uniform Building Code.
Police Department
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REPORT TO PLANNING CONIl` 'SION / PAGE 14FILE NO. UP 95-16/EU '9/s94-10/ZC94-5/ED94-
96 /UP94-56
21. The street numbers shall be displayed in a prominent location on the street side
of the property in such a position that the number is easily visible to approaching
emergency vehicles. The numbers shall be no less than 6" in height and shall be of
a contrasting color to the background to which they are attached. The address
numbers shall be illuminated during darkness.
22. The street address and any internal complex addresses shall be in a sequence
with the numerical order of the rest of the street/building.
23. All exterior lighting shall be sufficient to establish a sense of well-being to the
pedestrian and one that is sufficient to facilitate recognition of persons at a
reasonable distance. Type and placement of lighting shall be to the satisfaction of
the Police Department.
24. All garden and exterior lighting shall be vandal resistant.
25. All exterior lighting shall be on master photoelectric cell set to operate during
hours of darkness.
26. The minimum of one foot-candle at ground level overlap shall be provided in
all exterior doorways and vehicle parking areas.
27. A minimum of one-half foot-candle at ground level overlap shall be provided
on outdoor pedestrian walkways.
28. Exposed roof vents and ducts shall be grated or constructed of an impact -
resistant material to the satisfaction of the Police Department.
29. Skylights shall be secured and hatch openings shall be burglary -resistant.
Glazing shall be of a burglary -resistant glass or glass -like material.
30. All exterior man doors shall be of solid core construction with a minimum
thickness of one and three-fourths (1-3/4") inches or with panels not less than
nine -sixteenths (9/16") inches thick.
31. Exterior jambs for doors shall be so constructed or protected so as to prevent
violation of the function of the strike plate from outside. The strike plate shall be
secured to the jamb by a minimum of two screws which must penetrate into the
solid backing beyond the jamb.
32. Exterior doors that swing outward shall have non -removable hinge pins.
33. In -swinging exterior doors shall have rabbeted jambs.
34. Glass sliding doors shall have a secondary type locking device to the satisfaction
of the Police Department. The secondary lock shall be a dead -bolt lock and shall be
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FILE NO. ED 94-96/UPS' 6/s94-10/ZC94-5/UP95-16/ED95-29
RE. JRT TO PLANNING COMMISSION / PA�,_� 15
no less than one-eighth (1/8") inch in thickness and shall have a minimum
hardened steel throw of one-half (1/2") inch.
35. Metal -framed glass doors shall be set in metal door jambs.
36. Metal -framed glass door shall have a dead -bolt lock with a cylinder guard and a
hardened steel throw that is a minimum of one (1") inch long.
37. Glass on exterior doors or within 40 inches of an exterior door shall be break -
resistant or glass -like materials to the satisfaction of the Police Department.
38. All windows within 12 feet of the ground level shall have a secondary lock
mounted to the frame of the window. The secondary lock shall be a bolt lock and
shall be no less than one-eighth (1/8") inch in thickness. The lock shall have a
hardened steel throw of one-half (1/2") inch minimum length.
39. Louvered windows shall not be installed within 8 feet of the ground level.
40. Any window in or within 40 inches of an exterior door shall be stationary and
non -removable.
41. Perimeter walls, fences, trash storage areas, etc., shall be built to limit if not in
fact prevent access to the roof or balconies.
42. Barrier or thorny plants may be added to deter access to windows. A list of
barrier plants is available from the SRPD Crime Prevention Office (415)485-3114.
43. Landscaping shall not block or obstruct the view of any door, window, or
lighting fixture.
44. Any alternative materials or methods of construction shall be reviewed with
the Crime Prevention Officer before installation.
45. The Crime Prevention Officer shall be allowed to inspect and approve the
construction prior to occupancy.
Public Works Department
46. An engineered site plan showing all existing and proposed site conditions shall
be submitted with the application for a building permit.
47. A level "B" soils report shall be submitted with the application for a building
permit.
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REPORT TO PLANNING COMP 'SION / PAGE 16FILE NO. UP 95-16/ED' ?9/s94-10/ZC94-5/ED94-
96 /UP94-56
48. Grading plans shall show all proposed and existing contours as well as drainage
improvements.
49. The project soils engineer shall review and approve the project plans for
conformance with the requirements of the project soils report,
50. All earth and foundation work shall be performed under the supervision of a
soils engineer and a final construction observation report shall be submitted.
51. The improvement plans shall show all existing and proposed drainage facilities.
52. Runoff from improved areas shall be collected and conveyed to the street, or
established drainage facilities, by underground conduit. Drainage shall not be
diverted or concentrated onto adjoining properties.
53. The improvement plans shall show all existing and proposed utilities.
54. All utilities shall be underground.
55. The improvement plans shall show the location of all existing and proposed
sanitary sewer facilities.
56. Prior to the issuance of a building permit a letter shall be submitted from the Las
Gallinas Valley Sanitary District indicating that they have reviewed the project
plans and that sewer connections are available.
57. Parking lot lighting shall be installed. The number, location and type of lights
shall be subject to approval by the Police, Planning, and Public Works Departments.
Plannine Dpyartment
58. The building techniques, materials, elevations and appearance of the project, as
presented for approval shall be the same as required for the issuance of building
permits. Any future additions, expansions, remodeling, etc. shall be subject to the
review and approval by the City's Zoning Administrator or Planning Commission.
Approved plans are dated 12/14/94, as on file in the Planning Department.
Approved plans are also attached to the Planning Commission staff report (4/11/95).
59. Any mechanical equipment (ie. air conditioning units, meters, transformers, etc.)
and appurtenances not entirely enclosed within the structure (on side of the
building or roof) shall be screened from public view. The method used to
accomplish the screening shall be indicated on the building plans and approved by
the Planning Department prior to the issuance of a building permit.
60. A detailed landscape and irrigation plan shall be submitted to the Planning
Department for review and approval by the Design Review Board prior to the
issuance of a building permit. The final landscape plan shall be consistent with the
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FILE NO. ED 94-96/UP9'" 5/s94-10/ZC94-5/UP95-16/ED95-29
RE. -)RT TO PLANNING COMMISSION / PAS,_ 17
preliminary plan dated 9/94. This plan shall show that all exotic, invasive
vegetation (ie. scotch broom) will be removed along the South property line. The
landscape plan shall incorporate planting materials compatible with the creek
habitat along the southern property line. The final landscape plan shall be reviewed
and approved by a qualified vegetation expert. A letter of approval from the
vegetation expert shall be submitted to the Planning Department with the final
landscape plan. The minimum tree size shall be 15 gallon, 6 feet planted and have a
trunk calliper of at least (1) inch. The minimum shrub size shall be 5 gallon.
60A. A 4 foot wide paved pedestrian/bike pathway shall be added to the existing 4
foot wide pedestrian/bike pathway that is located along the southern perimeter of
the property prior to the occupancy permit for the building.
61. All landscaping shall be installed prior to the final occupancy of the building.
62. All landscaping shall be maintained in good condition and any dead or dying
plants, bushes or trees shall be replaced with new healthy stock of a size compatible
with the remainder of the growth at the time of replacement.
63. Landscaping must meet the Marin Municipal Water District's (MMWD) water
conservation rules and regulations. Prior to the issuance of a building permit or
other authorization to proceed, the applicant must provide verification from
MMWD stating that the landscape plan has been approved.
64. Prior to the issuance of the certificate of occupancy, the applicant shall provide a
2 year maintenance bond for landscaping.
65. Details for any proposed fencing shall be included on the final plans. These
details shall include a plot plan and elevation indicating location, height, proposed
materials, opacity and color scheme.
66. The proposed parking lot pavement shall be marked/painted with appropriate
directional arrows for ingress and egress. This shall be done to the satisfaction of the
Traffic Engineer/City Engineer.
67. All on-site parking shall be double striped with wheelstops or curbing provided
at each space. All handicap and 10 minute parking stalls shall be marked
appropriately.
68. All lighting improvements, facilities and fixtures shall be subject to the review
and approval of the Police Department, Planning Department and Design Review
Board prior to the issuance of a building permit. This review shall be to insure that
all doors and entrances are adequately illuminated. All lighting shall be subject to a
30 day review period to monitor the illumination levels.
69. No signing is approved with this application. All signage is subject to review by
the Planning Department.
17
REPORT TO PLANNING CONF ,SION / PAGE 18FILE NO. UP95-16/EE 29/s94-10/ZC94-5/ED94-
96 /UP94-56
ISs the. iosi,afiee-e# a k:zl&cr Fm-r3t, ikc a-FKed .t zlr-ll pzri
-4ni gcg kon vizi. k y Lta Sayler Canstrttetian Gast fn4ex Huls
-1990). Thi3 iL 1%cIi.fees -ei $2, 7- r:.� PSI 1 l .1996 --
a Kars x 9 trip&- (This condition of approval was deleted by the City Council)
71. This Environmental and Design Review permit shall be valid for two years, or
until April 11, 1997, and shall become null and void if a building permit is not
issued. Prior to the expiration of the permit, a time extension may be granted by the
Zoning Administrator.
NEGATIVE DECLARATION MITIGATIONS FOR CONSTRUCTION OF CHILD
CARE BUILDING
72. Project grading and construction shall conform with standard Grading Permit
requirements relating to erosion control and dust control.
73. Dust control shall be in conformance with standard Grading Permit
requirements relating to dust control.
74. The proposed drainage system for the development shall be consistent with the
existing drainage facilities for the area. The system shall also be designed consistent
with Department of Public Works standards to insure that adequate drainage
facilities exist to accommodate the increased flows.
75. An erosion control plan shall be submitted and approved by the Public Works
Department prior to the issuance of a grading or building permit. The plan should
include measures which are necessary during the construction phase of the
development. Temporary diversion of run-off from erosion -prone areas (ie.
adjacent creek) shall be considered during construction. This plan shall concentrate
on the areas located in proximity to the adjacent creek.
76. A storm water permit application shall be submitted and approved by the Public
Works Department prior to the issuance of a grading or building permit.
77. Final drainage plans shall incorporate sediment traps and/or grease traps
consistent with standard engineering practice to eliminate the discharge of oil and
grease from the paved parking areas into the adjacent creek.
78. Final landscape plan shall indicate tree and shrub species compatible with the
adjacent wetland habitat (Gallinas Creek). A biologist's report shall be submitted
with the plan to insure compatibility.
79. All grading and construction shall be limited to the hours between 8:00 AM and
5:00 PM, Monday through Friday. No construction is allowed on Saturday and
Sunday or major holidays.
ED95-29
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FILE NO. ED 94-96/UPP_.._"6/s94-10/ZC94-5/UP95-16/ED95-29
RE JRT TO PLANNING COMMISSION / PAu-19
Fire Department
80. A fire department approved Knox keyway system is required to be installed
conforming to Fire Prevention Std. 202.
81. Security Gates, Electronic Gates, or chains across driveways shall have installed
an approved Knox keyway system conforming to Fire Prevention Std. 202.
82. Addresses shall be posted conforming to Fire Prevention Std. 205.
83. Based on Uniform Building Code or Fire Code requirements, an automatic fire
sprinkler system shall be installed throughout conforming to NFPA Std.13.
84. The alarms from fire detection systems and commercial fire sprinkler systems
shall be monitored by a UL Central Station Company approved by the San Rafael
Fire Department and be issued a UL serially numbered Certificate for Central Station
Fire Alarms.
85. A permit application shall be submitted to the Fire Prevention Bureau with two
sets of plans for review prior to installation of all automatic and fixed fire
extinguishing and detection systems. Specification sheets for each type of device
shall also be submitted for review.
86. Due to the wildland fire interface area fire retardant roof covering is required
with a minimum Class "A" listing.
87. UL/SFM smoke detectors and openable bedroom windows shall be installed
conforming to the Uniform Building Code.
Police Department
88. The street numbers shall be displayed in a prominent location on the street side
of the property in such a position that the number is easily visible to approaching
emergency vehicles. The numbers shall be no less than 6" in height and shall be of
a contrasting color to the background to which they are attached. The address
numbers shall be illuminated during darkness.
89. The street address and any internal complex addresses shall be in a sequence
with the numerical order of the rest of the street/building.
90. All exterior lighting shall be sufficient to establish a sense of well-being to the
pedestrian and one that is sufficient to facilitate recognition of persons at a
reasonable distance. Type and placement of lighting shall be to the satisfaction of
the Police Department.
91. All garden and exterior lighting shall be vandal resistant.
19
REPORT TO PLANNING COMP 'SION / PAGE 20FILE NO. UP 95-16/ED- "9/s94-10/ZC94-5/ED94-
'96/UP94-56
92. All exterior lighting shall be on master photoelectric cell set to operate during
hours of darkness.
93. The minimum of one foot-candle at ground level overlap shall be provided in
all exterior doorways and vehicle parking areas.
94. A minimum of one-half foot-candle at ground level overlap shall be provided
on outdoor pedestrian walkways.
95. Exposed roof vents and ducts shall be grated or constructed of an impact -
resistant material to the satisfaction of the Police Department.
96. Skylights shall be secured and hatch openings shall be burglary -resistant.
Glazing shall be of a burglary -resistant glass or glass -like material.
97. All exterior man doors shall be of solid core construction with a minimum
thickness of one and three-fourths (1-3/4") inches or with panels not less than
nine -sixteenths (9/16") inches thick.
98. Exterior jambs for doors shall be so constructed or protected so as to prevent
violation of the function of the strike plate from outside. The strike plate shall be
secured to the jamb by a minimum of two screws which must penetrate into the
solid backing beyond the jamb.
99. Exterior doors that swing outward shall have non -removable hinge pins.
100. In -swinging exterior doors shall have rabbeted jambs.
101. Glass sliding doors shall have a secondary type locking device to the
satisfaction of the Police Department. The secondary lock shall be a dead -bolt lock
and shall be no less than one-eighth (1/8") inch in thickness and shall have a
minimum hardened steel throw of one-half (1/2") inch.
102. Metal -framed glass doors shall be set in metal door jambs.
103. Metal -framed glass door shall have a dead -bolt lock with a cylinder guard and a
hardened steel throw that is a minimum of one (1") inch long.
104. Glass on exterior doors or within 40 inches of an exterior door shall be break -
resistant or glass -like materials to the satisfaction of the Police Department.
105. All windows within 12 feet of the ground level shall have a secondary lock
mounted to the frame of the window. The secondary lock shall be a bolt lock and
shall be no less than one-eighth (1/8") inch in thickness. The lock shall have a
hardened steel throw of one-half (1/2") inch minimum length.
106. Louvered windows shall not be installed within 8 feet of the ground level.
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FILE NO. ED 94-96/UP9—"5/s94-10/ZC94-5/UP95-16/ED95-29
RE. _iRT TO PLANNING COMMISSION / PAL_ 21
107. Any window in or within 40 inches of an exterior door shall be stationary and
non -removable.
108. Perimeter walls, fences, trash storage areas, etc., shall be built to limit if not in
fact prevent access to the roof or balconies.
109. Barrier or thorny plants may be added to deter access to windows. A list of
barrier plants is available from the SRPD Crime Prevention Office (415)485-3114.
110. Landscaping shall not block or obstruct the view of any door, window, or
lighting fixture.
111. Any alternative materials or methods of construction shall be reviewed with
the Crime Prevention Officer before installation.
112. The Crime Prevention Officer shall be allowed to inspect and approve the
construction prior to occupancy.
Public Works Dgyartment
113. An engineered site plan showing all existing and proposed site conditions shall
be submitted with the application for a building permit.
114. A level "B" soils report shall be submitted with the application for a building
permit.
115. Grading plans shall show all proposed and existing contours as well as drainage
improvements.
116. The project soils engineer shall review and approve the project plans for
conformance with the requirements of the project soils report,
117. A grading permit will be required.
118. No mass grading shall be accomplished between October 1 and April 15 without
the approval of the City Engineer.
119. All earth and foundation work shall be performed under the supervision of a
soils engineer and a final construction observation report shall be submitted.
120. An erosion control plan shall be submitted for approval by the City Engineer.
121. Erosion control plans shall show methods of controlling erosion and siltation
during and after final grading.
122. The improvement plans shall show all existing and proposed drainage
facilities.
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96 /UP94-56
123. Runoff from improved areas shall be collected and conveyed to the street, or
established drainage facilities, by underground conduit. Drainage shall not be
diverted or concentrated onto adjoining properties.
124. An encroachment permit shall be required for any work in the public right-of-
way.
125. All existing curb, gutter, and sidewalk damaged during construction shall be
replaced to the satisfaction of the City Engineer.
126. Any frontage improvements shall be constructed in accordance with the
"Uniform Construction Standards for the Cities and County of Marin."
127. The improvements plans shall show all existing and proposed utilities.
128. All utilities shall be underground.
129. The improvement plans shall show the location of all existing and proposed
sanitary sewer facilities.
130. Prior to the issuance of a building permit a letter shall be submitted from the
Las Gallinas Valley Sanitary District indicating that they have reviewed the project
plans and that sewer connections are available.
131. Parking lot lighting shall be installed. The number, location, and type of lights
shall be subject to approval by the Police, Planning, and Public Works Departments.
Planning Department
132. The building techniques, materials, elevations and appearance of the project, as
presented for approval shall be the same as required for the issuance of building
permits. Any future additions, expansions, remodeling, etc. shall be subject to the
review and approval by the City's Zoning Administrator or Planning Commission.
Approved plans are dated 10/94, as on file in the Planning Department. Approved
plans are also attached to the Planning Commission staff report (4/11/95).
133. Any mechanical equipment (ie. air conditioning units, meters, transformers,
etc.) and appurtenances not entirely enclosed within the structure (on side of the
building or roof) shall be screened from public view. The method used to
accomplish the screening shall be indicated on the building plans and approved by
the Planning Department prior to issuance of a building permit.
134. A detailed landscape and irrigation plan shall be submitted to the Planning
Department for review and approval by the Design Review Board prior to the
issuance of a building permit. The final landscape plan shall be consistent with the
preliminary plan dated 3/15/89. The minimum tree size shall be 15 gallon, 6 feet
planted and have a trunk calliper of at least (1) inch. The minimum shrub size shall
be 5 gallon. This plan shall also include trees and shrubs along the East property
22
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Rk„ JRT TO PLANNING COMMISSION / PAuL 23
line to provide for an adequate buffer between the office building site and the
adjacent condominium project to insure privacy of the adjacent residential units.
This plan shall also be reviewed and approved by the Captain's Cove Homeowners
Association prior to review by the Design Review Board. The landscape plan shall
also show that all existing Oak trees will remain.
134A. A 4 foot wide paved pedestrian/bike pathway shall be added to the existing 4
foot wide pedestrian/bike pathway that is located along the southern perimeter of
the property prior to the occupancy permit for the building.
135. All landscaping shall be installed prior to the final occupancy of the building.
136. All landscaping shall be maintained in good condition and any dead or dying
plants, bushes or trees shall be replaced with new healthy stock of a size compatible
with the remainder of the growth at the time of replacement.
137. Landscaping must meet the Marin Municipal Water District's (MMWD) water
conservation rules and regulations. Prior to the issuance of a building permit or
other authorization to proceed, the applicant must provide verification from
MMWD stating that the landscape plan has been approved.
138. Prior to the issuance of the certificate of occupancy, the applicant shall provide a
2 year maintenance bond.
139. Details for any proposed fencing shall be included on the final plans. A solid, 6
foot (minimum) high solid fence shall be provided along the East property line or at
the top of the slope bank that separates the two developments to insure privacy of
the adjacent residential units, where feasible and necessary. The applicant shall
work with Planning staff and the Captain's Cove Homeowners Association to
determine the exact location of this fence prior to the issuance of a building permit.
These details shall include a plot plan and elevation indicating location, height,
proposed materials, opacity and color scheme.
140. The proposed parking lot pavement shall be marked/painted with appropriate
directional arrows for ingress and egress. This shall be done to the satisfaction of the
Traffic Engineer/City Engineer.
141. All on-site parking shall be double striped with wheelstops or curbing provided
at each space. All handicap and compact parking stalls shall be appropriately
marked on the pavement. '
142. All lighting improvements, facilities and fixtures shall be subject to the review
and approval of the Police Department, Planning Department and Design Review
Board prior to the issuance of a building permit. This review shall be to insure that
all doors and entrances are adequately illuminated. All lighting shall be subject to a
30 day review period to monitor the illumination levels.
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,143. No signing is approved with this application. All signage is subject to review by
the Planning Department.
144. The applicant shall pay a traffic mitigation fee of $662,850 (to be adjusted by Lee
Saylor Construction Cost Index since 1990). This fee is based on adopted fees of
$2,455 per PM peak period trip in 1990 dollars x 270 trips (This fee is based on 122,528
square feet of office space. The City Council waived traffic mitigation fees associated
with the storage building (1 PM peak trip). The unpaid $500,000 traffic mitigation fee
for the Regency Center One office building shall also be paid. Prior to the issuance of
a building permit, the applicant shall enter into a traffic mitigation payment
agreement, to be approved by the Public Works Director. This agreement may
consist of a phased payment plan with a letter of credit.
145. The Planning Department will not "sign off' on the final occupancy of the
office building until the final occupancy for child care facility has been granted.
146. Prior to the issuance of a building permit for the office building, the 1982
Agreement Regarding Easements and Maintenance shall be modified to incorporate
the new Parcel 6D. This shall be filed with the County of Marin and a copy provided
to the Planning Department.
147. This Environmental and Design Review permit shall be valid for two years, or
until April 11. 1997. and shall become null and void if a building permit is not
issued. Prior to the expiration of the permit, a time extension may be granted by the
Zoning Administrator.
NEGATIVE DECLARATION MITIGATIONS FOR CONSTRUCTION OF OFFICE
BUILDING
148. Project grading and construction shall conform with standard Grading Permit
requirements relating to erosion control and dust control.
149. Dust control shall be in conformance with standard Grading Permit
requirements relating to dust control.
150. The proposed drainage system for the development shall be consistent with the
existing drainage facilities for the area. The system shall also be designed consistent
with Department of Public Works standards to insure that adequate drainage
facilities exist to accommodate the increased flows.
151. An erosion control plan shall be submitted and approved by the Public Works
Department prior to the issuance of a grading or building permit. The plan should
include measures which are necessary during the construction phase of the
development. Temporary diversion of run-off from erosion -prone areas (ie.
adjacent creek) shall be considered during construction. This plan shall concentrate
on the areas located in proximity to the adjacent creek.
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FILE NO. ED 94-96/UP9 5/s94-10/ZC94-5/UP95-16/ED95-29
RE- iRT TO PLANNING COMMISSION / PAL— 25
152. A storm water permit application shall be submitted and approved by the Public
Works Department prior to the issuance of a grading or building permit.
153. Final drainage plans shall incorporate sediment traps and/or grease traps
consistent with standard engineering practice to eliminate the discharge of oil and
grease from the paved parking areas into the adjacent creek.
154. Final landscape plan shall indicate tree and shrub species compatible with the
adjacent wetland habitat (Gallinas Creek). A biologist's report shall be submitted
with the plan to insure compatibility.
155. All grading and construction shall be limited to the hours between 8:00 AM and
5:00 PM, Monday through Friday. No construction is allowed on Saturday and
Sunday or major holidays.
156. Prior to the issuance of a building permit for the office building, the applicant
must apply for and receive approvals from the City Council as a Priority Project
through the Priority Projects Procedure. This condition does not preclude the
applicant from obtaining a grading permit for the project.
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