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HomeMy WebLinkAboutCC Resolution 7762 (100 Winward Way)RESOLUTION NO. 7762 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S ACTION TO DENY WITHOUT PREJUDICE USE PERMIT AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT APPLICATIONS FOR A 17,160 SQUARE FOOT LIGHT INDUSTRIAL/WAREHOUSE BUILDING AT 100 WINDWARD WAY (UP86-101;ED86-110) WHEREAS, on October 15, 1986, use permit and environmental and design review permit applications were filed for a 17,160 square foot light industrial/warehouse building. The applications were deemed consistent with the recommended land use designation and intensity/floor area limits of the draft General Plan 2000 and thus accepted for processing per City Council adopted Resolution No. 7427; and WHEREAS, upon completion of the applications on January 16, 1987, City staff completed environmental review consistent with the California Environmental Quality Act and concurrent with the Planning Commission's review of the draft General Plan 2000; and WHEREAS, in February 1987, the City informed all affected property owners in East San Rafael of major draft General Plan 2000 traffic policies and programs for the East San Rafael area. It was disclosed that the critical Bellam intersections had improved to Level of Service C conditions and that ultimate level of service standards were being recommended for change in the East San Rafael area. Property owners were also informed that individual development projects could not be adequately reviewed in relation to CEQA because there is no certified EIR which assesses cumulative traffic impacts for the East San Rafael area; and WHEREAS, on January 12, 1988, per State Government Code 65950, the Planning Commission approved a 90 day extension for processing the subject applications. The purpose of the extension was to extend the processing time beyond the one year limit so as to avoid an automatic approval action; and WHEREAS, on April 12, 1988, the Planning Commission reviewed the applications, the staff report and accepted testimony from the applicant. The Planning Commission voted (7-0) to adopt Resolution No. 88-11 denying the applications without prejudice; and WHEREAS, on June 20, 1988, the City Council held a public hearing on the appeal reviewing the reports and accepting public testimony. The City Council concluded that, with the amendment of UP82-75(b) (Master Use 0 G I -Z 76 R14Pj1NA[ Permit), the applicant's proposed closure program involving an adjacent approved project under concurrent ownership would address the traffic generation concerns related to the proposed project. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council upholds the appeal and approves the proposed project based upon the following findings: (1) The proposed project is consistent with the San Rafael General Plan 2000 land use designation of Light Industrial/Office and the zoning classification of PCM (Planned Commercial and Light Industrial) in that storage uses are identified in the Plan as being appropriate in the Light Industrial/Office land use category and storage/warehouse uses are identified as being permitted in this PCM District by San Rafael City Ordinance No. 1446; and (2) As conditioned, the project will not be detrimental to the health, safety or general welfare of the surrounding community or the City of San Rafael as a whole in that the project meets all applicable standards of the PCM zoning district and a Negative Declaration has been issued. The conditions of this project's approval ensure that historic p.m. peak traffic will not be exceeded. BE IT FURTHER RESOLVED that the project is approved subject to the following conditions: UP82-75(b) (a) Use permit 82-75(b) shall be amended to include an additional condition (k) which shall read: "Limitations on Development of Lot 3: The developer shall record a covenant running with the land which shall restrict the use of Lot 3 to that which produces no more than 18 peak p.m. trips as determined by the Traffic Engineer of the City of San Rafael. Evidence of such a covenant shall be submitted to and approved by staff prior to the issuance of a building permit for development of Lot 3. (b) Use permit 82-75(b) shall be further amended to include an additional condition (1) which shall read: "Limitations on Develoement of Lot 2: The developer shall record a covenant running with the land stating that the mini -warehouse approved for Lot 2 shall not be open to the public from 3:00 p.m. to 7:00 p.m. Monday through Friday. Hours of operation shall be noted in the contractual lease agreements with tenants. In accordance with Chapter 14.88 of the San Rafael Municipal Code, failure to adhere strictly to this condition shall result in the immediate review of this project by the Planning Commission for possible revocation or modification. UP86-101 (a) This use permit approves the construction of 30 foot portions of a 17,160 square foot light industrial/warehouse building at 100 Windward Way. Consistent with adopted PCM District zoning and Master Use Permit conditions, a use permit is necessary for the construciton of any building in excess of 24 feet in height in the Kerner-Bellam Business Park. (b) This use permit is valid for a period of one year or until July 18, 1989, and shall thereafter become null and void unless extended by the Zoning Administrator. ED86-110 FIRE DEPARTMENT (a) On-site fire hydrants shall be installed. The number and location of such hydrants shall be subject to the approval of the Fire Department. (b) Automatic fire sprinkler systems shall be installed in all buildings, with alarms to be linked to the San Rafael Fire Department central station. (c) A Fire Department "Knox Box" keyway system shall be installed as needed per Fire Department Standard 202. POLICE DEPARTMENT (d) All exterior lighting shall be subject to Police Department approval. (e) All security hardware for doors and windows shall be subject to Police Department approval. PUBLIC WORKS (f) An engineered improvement plan showing all existing and proposed site conditions shall be submitted with the application for a building permit. (g) Finish floor elevation of the building shall be subject to the approval of the City Engineer. (h) A soils report shall be submitted which is in conformance with the General Plan. (i) All earth and foundation work shall be done under the direction of a soils engineer and a final report shall be submitted prior to occupancy of the building. (j) Grading, drainage and foundation plans shall be reviewed and approved for compliance with the recommendations of this report by the project soils engineer. (k) The gradient of all storm and sanitary sewer drainage facilities shall be designed to accommodate practical settlements. (1) Runoff from improved areas shall be collected and conveyed to the street by underground conduit and/or sidewalk underdrains. Drainage shall not be diverted or concentrated onto adjoining properties or over sidewalks and driveways. (m) The improvement plans shall show the location of all existing and proposed sanitary sewer facilities. (n) The improvement plans shall show all proposed and existing frontage improvements. A standard approach is required. (o) The improvement plan shall show all existing and proposed utilities. PLANNING DEPARTMENT (p) The project shall be constructed as shown on plans submitted to the Planning Department on October 15, 1986. (q) A detailed landscape and irrigation plan consistent with the conceptual landscape plan submitted on October 15, 1986, shall be submitted prior to approval of building permit applications for the project. (r) All roof mounted mechanical equipment shall be screened and painted to match the proposed building and approved by the Planning Director prior to issuance of building permits. (s) A sign permit shall be secured for all signing associated with the proposed project. (t) All subsequent applications for site grading or construction shall be accompanied by an erosion control plan to ensure that no direct or indirect impacts to the adjacent dedicated wetlands open space will occur. (u) This environmental and design review permit approval is valid for a period of one year, or until July 18, 1989, and shall thereafter expire unless extended by the Zoning Administrator. 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 Council of said City on Monday, the 18th day of July, 1988, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS None ZP1. L�ENCI�,ity Clerk