HomeMy WebLinkAboutCC Resolution 14027 (Corporate Center)RESOLUTION NO. 14027
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MASTER USE
PERMIT AMENDMENT (UP14-052) AND ENVIRONMENTAL AND DESIGN REVIEW
PERMIT (ED14-097) TO ALLOW A NEW 4 STORY, 72,396 SQ FT OFFICE BUILDING
ON A PORTION OF PARCEL 1 (755 LINDARO ST) AND EXPANSION TO THE
CURRENTLY UNDER CONSTRUCTION PARKING STRUCTURE (788 LINCOLN
AVE) AND ASSOCIATED SITE AND LANDSCAPING IMPROVEMENTS AT THE
SAN RAFAEL CORPORATE CENTER CAMPUS.
APN: 013-012-38 & 39, 013-021-50, 51, 52, 53, 54 & 55)
WHEREAS, in 1998, the San Rafael City Council prepared and certified the Fair, Issac
Final Environmental Impact Report (FEIR), which assessed the potential environmental impacts
for developing a multi -building office complex on the subject 15.54 -acre site; and
WHEREAS, on February 17, 1998, the San Rafael City Council adopted Ordinance
1721, a Planned Development District for the development of up to a 406,000 sq. ft. multi -
building office complex for a single tenant, on the subject 15.54 -acre site; and
WHEREAS, on August 7, 2000, the San Rafael City Council adopted Ordinance 1754,
an amendment to the Planned Development District to approve changes in the zoning district
development standards in order to accommodate multi -tenant use of the office park (San Rafael
Corporate Center); and
WHEREAS, on December 5, 2011, the San Rafael City Council adopted Ordinance
1901, an amendment to the Planned Development District, including adoption of a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program, to expand the allowed
land uses for the San Rafael Corporate Center to include medical use and research and
development and allowed the adopted parking standard of 3.3 parking spaces per 1,000 sq. ft. in
the Master Plan (instead of 4.4 parking spaces per 1,000 sq. ft. for medical office). The amended
Planned Development District (PD -1901) is currently in effect; and
WHEREAS, between 2000 and today, the San Rafael Corporate Center has been
developed in various phases. Currently, the last office building (5`h) and the second parking
garage approved are being constructed under the terms of the current Planned Development (PD -
1901) District. The build -out of the approved campus, totals 400,700 sq. ft., 5,300 sq. ft. less than
the 406,000 sq. ft. allowed by the PD
WHEREAS, on August 9, 2014, a preliminary planning application for Conceptual
Design Review was filed by CCCA, LLC (BioMarin, Inc.), property owner, requesting an
amendment to the Planned Development District and Master Use Permit and approval of an
Environmental and Design Review Permit for the development of
• Use of the site for general office and research and development uses within six structures,
totaling 480,700 sq. ft. of floor area.
• Elimination of the previously allowed medical office use (up to 68,068 sq. ft.) on the
campus.
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• A new three story, 48 ft. tall, laboratory building totaling 80,000 sq. ft. on Parcel 1 (755
Lindaro St.), including the removal of some surface parking spaces.
• Associated parking to support the approved uses at a ratio of 3.3 parking spaces per 1,000
square feet of gross building area throughout the campus.
• A six story addition to the 788 Lincoln Avenue parking structure to accommodate a total
of 317 parking spaces (270 covered parking spaces and 47 surface parking spaces).
• Addition of elevated pedestrian bridges across buildings, throughout the campus; and
WHEREAS, on September 16, 2014, the City of San Rafael Design Review Board
(DRB) reviewed the conceptual design review application at a publicly noticed meeting, and
provided preliminary feedback to the applicant on the preliminary design concept that was
presented; and
WHEREAS, on October 31, 2014, formal planning applications were filed by COCA,
LLC (BioMarin, Inc.), property owner, requesting an amendment to the Planned Development
District, Master Use Permit and approval of an Environmental and Design Review Permit to
allow additional development on the campus, including a new office building and a parking
garage expansion, as follows:
• Use of the site for general office and research and development in uses within six
structures, totaling 480,700 sq. ft.
• Elimination of the previously allowed medical office use (up to 68,068 sq. ft.) on the
campus.
• A new three story, 48 -ft tall, laboratory building totaling 80,000 sq. ft. on Parcel 1 (755
Lindaro St.). Construction would include the removal of 125 existing surface parking
spaces on Parcel 1.
• Associated parking to support the approved uses at a ratio of 3.3 parking spaces per 1,000
square feet of gross building area for the entire campus.
• A six story addition to the 788 Lincoln Avenue parking structure to accommodate a total
of 312 parking spaces (271 covered parking spaces and 41 surface parking spaces); and
WHEREAS, on April 28, 2015, a revised project design was filed by COCA, LLC
(BioMarin, Inc.), property owner, requesting amendments to the Planned Development District,
Master Use Permit and approval of an Environmental and Design Review Permit to allow
additional development on the campus, including a new office building and a parking garage
expansion. The use and size of the proposed new building were modified due to changes in the
applicant's program needs as well as physical constraints related to PG&E easements. The
proposed project now includes
• Use of the site for general office and research and development in uses within six
structures, totaling 473,096 sq. ft.
• Elimination of the previously allowed medical office use (up to 68,068 sq. ft.) on the
campus.
• A new four story, 54 -ft tall, laboratory building totaling 72,396 sq. ft. on Parcel 1 (755
Lindaro St.). Construction would include the removal of 64 existing surface parking
spaces on Parcel 1.
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• Associated parking to support the approved uses at a ratio of 3.3 parking spaces per 1,000
square feet of gross building area for the entire campus.
• A six story addition to the 788 Lincoln Avenue parking structure to accommodate a total
of 300 parking spaces (257 covered parking spaces and 43 surface parking spaces); and
WHEREAS, on May 19, 2015, the applications were reviewed by the Design Review
Board at a duly noticed public meeting and the DRB provided preliminary comments and
recommendations on design related matters and continued the application to their June 16, 2015
meeting to allow the applicant to address their recommendations; and
WHEREAS, on June 2, 2015, a final revised project design was filed by CCCA, LLC
(BioMarin, Inc.) which included revisions to building architecture and additional details
requested by the DRB; and
WHEREAS, on June 16, 2015, the revised applications were reviewed by the Design
Review Board at a duly noticed public meeting and the DRB found that the revisions had
adequately addressed their prior comments and unanimously voted (4-0-1, with Member Kent
Absent) to recommend approval of the project design to the Planning Commission; and
WHEREAS, as demonstrated in the an Initial Study, comparing the project activities and
actions against the impacts identified and mitigation measures included in the 1998 FEIR, the
proposed project does not result in any significant environmental impacts. Therefore, consistent
with CEQA Guidelines Section 15070, the Initial Study supports and recommends the adoption
of a Mitigated Negative Declaration which was circulated for 55 -day public review period
beginning June 30, 2015 and ending August 25, 2015 (SCH # 2007082125); and
WHEREAS, on August 25, 2015, the Planning Commission held a duly noticed public
hearing to review and consider the amendment to the Master Use Permit (UP 14-052) and
Environmental and Design Review Permit (ED 14-097) to allow an additional office building and
parking structure development. On a 6-0-1 vote (Commissioner Davidson absent), the Planning
Commission adopted Resolution No. 15-12, recommending to the City Council the approval of
the Master Use Permit amendment (UP14-052) and approval of a Design Review Permit (ED14-
097); and
WHEREAS, on August 25, 2015, by adoption of a separate Resolution (Resolution No.:
15-10), the Planning Commission unanimously recommended to the City Council adoption of a
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the
project; and
WHEREAS, on August 25, 2015, by adoption of a separate Resolution (Resolution No.:
15-11), the Planning Commission unanimously recommended approval of adoption of the
amendment to PD -1901 to the City Council, which amends the development standards for the
San Rafael Corporate Center; and
WHEREAS, on October 8, 2015, CCCA, LLC (BioMarin, Inc.), property owner,
submitted revised project plans and materials, addressing the Planning Commission's August
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25`h recommendation, including a revised Transportation Demand Management (TDM) Plan, and
revised landscaping plan; and
WHEREAS, on October 19, 2015, the City Council held a duly noticed public hearing
to review the proposed amendment to the San Rafael Corporate Center Planned Development
District and considered all oral and written public testimony and the written report of the
Community Development Department; and
WHEREAS, the custodian of documents which constitute the record of proceedings
upon which this decision is based, is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby approves the Master Use Permit amendment (UP 14-052) and Environmental and
Design Review Permit (ED 14-097), based on the following findings:
Master Use Permit (UP14-052)
Findings
1. As proposed and as conditioned, approval of this Master Use Permit to expand the allowable
uses to include an additional 72,396 square feet of general office and a six -story parking
garage expansion would be consistent with the applicable goals and policies of the San
Rafael General Plan 2020 and in conformance with the provisions of the PD -1901 District, as
amended. Specifically:
a. As proposed, the office and parking structure land uses are consistent with Land Use
Element Policies LU -23 (Land Use Map and Categories), LU -10 (Planned Development),
LU -9 (Intensity of Nonresidential Development), LU -14 (Land Use Compatibility) in that
these uses would be: allowable under the adopted Lindaro Office land use designation;
compatible with the current land uses allowed under the PD -1901 District adopted for this
site; and compatible with existing land uses found in the surrounding area.
b. As proposed, the office and parking structure land uses would be consistent and not in
conflict with Circulation Element Policies C-5 (Traffic Level of Service Standards) C-7
(Circulation Improvements Funding) and C-12 (Transportation Demand Management) in
that: the increase in traffic estimated for these uses would not impact or change level of
service conditions at local intersections nor would they warrant new transportation
improvements; the office use component would be subject to the adopted citywide traffic
mitigation fees which would be used to fund long-term transportation improvements; and
the project would not change the current City requirement and obligation of the office
park owner to implement transportation demand measures such as encouraging tenants,
through incentives to carpool and use public transit.
c. As proposed, the office and parking structure land uses would be consistent with
Neighborhood Element Policies NH -15 (Downtown Vision), NH -16 (Economic Success),
NH -38 (Lindaro Office District) and NH -8 (Parking) in that it would: facilitate additional
employment and future economic success in the Downtown area; promote build -out of
the San Rafael Corporate Center project by allowing a land use that is appropriate and
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marketable; allow compatible land uses that would fill current and long-term projected
vacancies in general and administrative office space; and promote a reasonable reduction
in required parking supported by the project's proximity to Downtown, the Bettini Transit
Center and the planned SMART rail stations.
d. As proposed, the office and parking structure land uses would be consistent with the
Community Design Element Policy CD-21(Parking lot landscaping) in that: the uses
proposed will have an approved landscaping plan that will provide shade cover and
adequate screening of vehicles within parking lot areas.
e. As proposed, the office and parking structure land uses would be consistent with newly -
adopted Sustainability Element Policies SU -1 (Land Use) and SU -2 (Promote Alternative
Transportation), and the adopted Climate Change Action Plan in that: the uses are
proposed within an existing and approved development office park that is close to public
transit and Downtown;
f. As proposed, the office and parking structure land uses would be consistent with the
Conservation Element Policy CON -6 (setbacks) in that: the uses proposed will be located
outside the 25' top -of -bank setback from Mahon Creek.
g. The approval of additional office and parking structure land uses would be consistent
with Our Vision of Downtown San Rafael in that it would further promote new
businesses and employment in the Downtown area.
h. The approval of office and parking structure land uses would be consistent with the PD -
1901 District, as amended by adoption of Zoning Amendment ZC 14-002, which would
permit these land uses.
2. The proposed additional office and parking uses would not be detrimental to the health,
safety or general welfare of the residents or community in that:
a. These uses would be compatible with the currently approved and operating administrative
and general office use. These uses would be compatible with surrounding and immediate
land uses and development.
b. These uses would be consistent and not in conflict with the deed restriction recorded for
the San Rafael Corporate Center, which permits commercial and office land uses but
prohibits use and development with residential and day care land uses.
c. The addition of these land uses would not result in any physical changes or additions to
the approved and largely developed San Rafael Corporate Center complex. The
Corporate Center is adequately served by local facilities and utilities.
d. The scope and definition of the office and parking structure land uses would not allow
industrial development, heavy production or laboratory operations that would be more
appropriate for a site that is zoned for light industrial or industrial land use.
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3. The proposed addition of general office and parking structure land uses will not result in a
reduction in parking ratio requirements currently adopted in the San Rafael Corporate Center
Master Plan (3.3 spaces/1,000 square feet). The initial approval of the San Rafael Corporate
Center found that this development has been designed to adequately address the automobile,
bicycle and pedestrian traffic systems. Consistent with SRMC Section 14.18.040B, the
project has been studied for parking needs for office use at this location finding that the use
of the currently adopted parking standard for office park is reasonable, appropriate and
adequate in that:
a. The currently adopted standard of 3.3 parking spaces per 1,000 square feet of building
area is consistent with the parking standard studied and recommended by the Institute of
Transportation Engineers (ITE). The ITE standards are based on case studies of
developed land uses, and are widely used by local agencies and licensed traffic engineers.
b. The approvals and agreements established for the San Rafael Corporate Center require
that the existing western parking lot and structure be made available for public use during
the evening hours and on weekends. The addition of the 755 Lindaro street office
building will remove 64 spaces from the western parking lot. Per the original approvals
for the San Rafael Corporate Center, these 64 spaces have been proposed by the
Applicant to be replaced via all existing surface lots within the entire property, including,
visitor serving lots on Parcel 2 and Parcel 3 and Parcel 7. This also includes the proposed
surface parking lot on Parcel 8 to the east of the Lincoln Street Parking garage.
Environmental and Design Review Permit (ED14-097)
Findings
1. That the proposed 755 Lindaro Street 788 Lincoln Avenue project design is in accord with
the General Plan, the objectives of the Zoning Ordinance, and the purposes of the district in
which the site is located. A detailed discussion of the project's consistency with the
applicable General Plan policies is provided in detail in matrix format in the attached General
Plan Consistency Analysis (Attachment 5, Exhibit 8). The discussion demonstrates that the
project is generally consistent with the applicable General Plan Policies.
2. The proposed 755 Lindaro Street 788 Lincoln Avenue project is consistent with the PD -1901
District for the property in that:
a. The PD establishes the allowable uses for the SRCC campus. The proposed project
includes uses already permitted in the PD district.
b. The proposed project complies with the PD -1901 development standards regarding
various standards regarding height and setbacks, creek setbacks and other setbacks from
the property line.
3. The proposed project complies with the Chapter 14.18 Parking Standards in terms of parking
space dimensions and the number of required parking spaces. A condition of approval
requires compliance with the requirements for parking lot screening and for the planting of
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one canopy tree for every four parking spaces, which would facilitate a tree canopy for shade
and would reduce reflective heat from pavement areas.
4. The proposed project complies with the design related criteria of Chapter 14.25
Environmental and Design Review Permits in that:
a. The project does not interrupt major views of San Pablo Bay, wetlands, bay frontage, the
Canal, Mt. Tamalpais and the hills;
b. The site design provides for good vehicular, bicycle and pedestrian circulation and
access;
c. The front and east side elevations of the building have appropriate level of massing and
articulation combined with the types and colors of materials to create interest;
d. The main vehicular and pedestrian access between the street and the 755 Lindaro Street
building entry is oriented toward the building entry thereby creating a sense of entry;
e. The DRB has determined that the proposed design provides appropriate consistency in
building placement and height with the overall SRCC campus;
f. The proposed landscaping generally conforms; and
g. Project architecture with appropriate massing, articulation, building colors and materials,
is harmoniously integrated in relation to the architecture consistent with the overall SRCC
campus in terms of colors and materials, scale and building design.
5. The project design would not result in potential adverse environmental impacts as
documented in the IS/MND for this project. A separate resolution adopting the Negative
Declaration has been prepared.
6. The design of the 755 Lindaro Street 788 Lincoln Avenue project as conditioned below will
not be detrimental to the public health, safety, or welfare, or materially injurious to properties
or improvements in the vicinity of the project site, or to the general welfare of the City of San
Rafael in that:
a. The proposed project has been reviewed by appropriate City departments. Conditions of
approval recommended by other departments have been applied to minimize potential
adverse visual, design, and safety impacts to the project site and adjacent properties; and
b. With the requested zoning amendment to allow additional square feet of office and a six -
story parking garage expansion to the allowable uses under PD -1901, the proposed
project does not indicate a use that would be prohibited PD -1901.
BE IT FURTHER RESOLVED, the City Council of City of San Rafael approves the
Master Use Permit amendment (UP 14-052) and Environmental and Design Review Permit
(ED 14-097), subject to the following conditions of approval:
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Master Use Permit (UP14-052)
Conditions of Approval
1. This office park permits a maximum of 473,096 sq. ft. of building area within 6 office
buildings approved for the following uses: administrative office, general office and
research/development uses.
a. Administrative and General Office Use. These uses are defined by the San Rafael
Municipal Code, Title 19 (Zoning);
b. Research and Development Use. Research and Development use is defined as a use
engaged in scientific, medical or technological research with limited product testing and
production. This use excludes full production industrial -type manufacturing and
generally operates similar to and characteristic of low -intensity, general office use.
Medical laboratories established for research (as opposed to labs providing testing
services for patients/visitors) would be considered a research and development use. As
research and development use is similar to and generally less intensive than general office
use, it does not require the payment of any traffic mitigation fees or any provisions for
additional on-site parking (over and above that approved for general and administrative
office use).
c. Ancillary Uses - Uses determined to be incidental or accessory to the above -listed land
uses shall be permitted, as determined to be appropriate by the Community Development
Director.
Residential and day care land uses are prohibited by a recorded property deed restriction,
described in condition 3, below.
2. The Master Use Permit approves 185 surface parking spaces on the Western Parcel (south of
Second Street, west of Lindaro Street) and surface parking and a six story addition to the 788
Lincoln Avenue parking garage on the Eastern Parcel (south of Second Street, east of Lincoln
Avenue) totaling 297 spaces (256 structured spaces and 41 surface). These parcels are
restricted to parking use and landscaping only. As required by the subdivision map for the
San Rafael Corporate Center (RM 2002-185, recorded September 2002), a restrictive
covenant has been recorded on the subdivision map to encumber the Western and Eastern
Parcels, ensuring that any conveyance of these parcels shall include a reservation or grant of
easement to the benefit of the Central Parcel (office park described in condition 1 above) to
provide parking required by this Use Permit and the San Rafael Corporate Center
Environmental and Design Review Permit (ED97-24).
3. Use of the Western and Central Parcels 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 Master Use Permit and the Covenant of Deed Restriction recognize that the
Western and Central Parcels contain utilities and groundwater remediation improvements that
are to remain on these sites in perpetuity.
4. As required by condition 2 of the initial Master Use Permit (UP97-10 and UP97-1Ob), these
permits approved a building height bonus for office Buildings A (750 Lindaro Street), C (770
Lindaro Street), D (790 Lindaro Street) & E (791 Lincoln Avenue) on the Central Parcel
conditioned upon providing permanent, public access, use and availability of the landscaped
park area located on the south side of the office campus (south of and between Buildings A
(750 Lindaro Street) and B (781 Lincoln Avenue), bordered on the south by Mahon Creek).
The park area shall be owned, in -fee, and permanently maintained by the property owner
and/or the association of owners within the office park. A permanent public access easement
has been recorded over the park area as part of the San Rafael Corporate Center subdivision
map (RM 2002-185). The public use of this park area shall be subject to the following
conditions:
General Park Use
a. For day-to-day general use, the park area shall be permanently accessible to the public,
year round (365 days) and during the daylight hours (dawn to dusk).
b. The property owners and/or the association of owners within the office park shall be
responsible for daytime and evening security of the park area.
c. Fencing and security gates shall be provided and permanently maintained at both the
Lindaro Street and Lincoln Avenue entrances to the park area (south of Buildings A and
B). The security gates shall be left open during the daylight hours and closed after dark.
Signage shall be installed at these entrance gates identifying the park and hours for public
access.
Special Events and Activities
d. Public use of the park area, and the 2,500 square foot conference/meeting room space
provided in Building A for special events and activities shall be scheduled by
appointment, made through the property owner and/or association of owners within the
office park. The property owner and/or association of owners shall designate a property
manager to oversee the management and scheduling of special events and activities.
e. The facilities shall be available for community use at minimum, as follows:
• 5:00 PM to 10:00 PM, Monday through Friday.
a 8:00 AM to 6:00 PM, Saturdays and Sundays.
f. First priority for use of the park area and the 2,500 square foot conference/meeting room
space provided in Building A for special events shall be given to not-for-profit
organizations, homeowners associations and neighborhood groups/associations within the
City of San Rafael, schools within the City of San Rafael, and the City of San Rafael. No
user fee shall be charged for the qualified users for special event use of the park area
and/or the 2,500 square -foot conference/meeting room space, except deposit fees required
for clean-up and security.
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g. Use of the park area for special events and activities shall include public access to
restrooms and water fountains located within Buildings A and/or B. If these facilities are
not available, portable restrooms shall be provided in the park area at no cost to the user.
h. Users of the park area and the 2,500 square foot conference/meeting room space provided
in Building A for special events and activities shall be subject to compliance with specific
rules, regulations and guidelines, which are to be maintained by and provided to the user
by the property owner and/or the association of owners of the office park development.
These rules, regulations and guidelines have been approved by City staff and the Park and
Recreation Commission. The approved rules, regulations and guidelines are based on the
public facility use regulations currently implemented by the City. The final, approved
rules, regulations and guidelines shall be maintained on file with this Use Permit.
5. This Use Permit approves an office building parking ratio of 3.3 parking spaces per 1,000
square feet of gross office building area for all approved administrative office, general office,
and research and development uses. In the event, through periodic monitoring, it if found
that the demand for parking exceeds the supply, additional measures may be required of the
office park owner(s) to address this demand. Measures may include but not limited to: a) the
development and operation of a parking management program such as valet parking; or b)
construction of additional parking in the parking structure on the Eastern Parcel.
6. As required by the Development Agreement executed for this project (DA 11-001), all surface
parking lots within the greater San Rafael Corporate Center Campus shall be made available
to the public from midnight to 6:00am and from 6:00pm to midnight on Monday through
Friday and all hours on Saturday and Sundays. A permanent sign shall be posted and
maintained at the vehicle entrances to all surface parking lots stating the public parking
hours. The property owner shall not charge for public parking without the approval of the
City. Approval of a charge for parking shall not be unreasonably withheld, provided that the
proposed charges are not substantially and materially higher than the amounts charged by the
City for City -owned parking facilities in the Downtown San Rafael.
7. Consistent with the initial Master Use Permit approvals (UP97-10 and UP97-10b), the office
park building tenants/property owners are required to implement a Transportation Systems
Management (TSM) or Transportation Demand Management (TDM) Program. The original
TSM program has been approved and is on file with the Department of Community
Development. The goal of the new TDM is to achieve a 15% reduction in total vehicular
trips to and from the SRCC campus. Prior to the final occupancy of the new office building,
the draft TDM submitted by the applicant shall be revised to include quantifiable TDM
measures designed to reduce vehicular trips. This approved program obligates tenant(s) to
encourage employees, through incentives to implement TSM measures such as staggered
work hours, telecommuting, carpooling, and public transit use. Although this TDM is not
required, as part of this application, to achieve a certain reduction in trips, nor will it require
regular monitoring, the applicant/property owners are obligated to provide a good -faith effort
in managing project traffic through implementation of the new TDM measures.
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8. Two and five years following the completion of the new building and full occupancy of the
entire campus by BioMarin, the project sponsor shall prepare a parking demand assessment
by a licensed traffic engineer for the purposes of identifying actual parking demands in the
SRCC campus. The purpose of the study shall be to provide actual parking demands once the
campus is fully built -out and occupied solely by BioMarin, and to serve as a starting point for
BioMarin to assess whether the campus has excess parking supply, and if so, to discuss the
possibility of whether any excess parking supply can be used for public parking, transit
parking or downtown parking for other projects by the City, SMART, other entities or private
parties.
a. The parking study shall be submitted to staff to determine if there is excess parking
supply within the campus.
b. If the parking study demonstrates that excess parking exists, staff will facilitate a
discussion between the project sponsor and the City parking services, SMART and other
transit agencies to determine if there is any interest and/or demand to use the excess
parking capacity for public parking purposes.
c. If there is a demand for public parking, staff will work with the project sponsor to reserve
some or all of any excess parking for public use.
d. In the case that excess parking supply is used for public parking or remote parking for
another project, the leasing or use of the excess parking on the SRCC campus shall not be
considered a deviation from or violation of this Use Permit, nor require an amendment of
this Use Permit.
e. This condition of approval does not attempt to regulate or specify any financial
responsibilities or commitments by either the applicant, the City or other public or private
entities.
9. In order to facilitate provision of a pathway and additional landscaping along Mahon Creek, a
parking reserve is approved for up to 15 parking spaces within the surface parking lot, behind
(to the east) the 788 Lincoln Avenue parking garage.
a. The purpose of the parking reserve is to allow installation of additional native
landscaping and a pedestrian pathway as recommended by the Planning
Commission.
b. Should parking demand warrant the 15 surface spaces, the project sponsor shall
remove the landscaped area within the parking reserve and install the parking and
site improvements and install the pedestrian path and fencing as shown on the
"alternate parking plan with all parking provided" sheet (Plan Set October 8,
2015)
c. This shall be completed within 120 days of notice by the City.
Environmental and Design Review Permit (ED14-097)
Conditions of Approval:
General and on going
Community Development Department, Planning Division
1. This Environmental and Design Review Permit shall be valid for two (2) years from the date
of City Council approval, or until October 19, 2017, and shall be null and void unless a
building permit is issued or a time extension is granted within the two years.
2. Except as modified by these conditions of approvals, the approved Environmental and Design
Review Permit approves the project's architecture, colors, materials, site plan, site
improvements and landscaping as presented on the approved project plans prepared by DGA
Architects and date stamped Approved by City Council, October 19, 2015.
3. Except as conditioned herein, building techniques, materials, elevations, landscaping,
infrastructure and appearance of this project as presented for approval, shall be the same as
required for the issuance of a building permit. Any future additions, expansions, remodeling,
etc. shall be subject to the review and approval of the Planning Division. Modifications that
are deemed minor shall be reviewed and approved by the Community Development Director
as part of the building permit application. All other modifications may be referred to the
Design Review Board and/or Planning Commission for review and action.
4. Applicant agrees to defend, indemnify, release and hold harmless the City, its agents,
officers, attorneys, employees, boards and commissions from any claim, action or proceeding
brought against any of the foregoing individuals or entities ("indemnities"), the purpose of
which is to attack, set aside, void or annul the approval of this application or the adoption of
any environmental document which accompanies it. This indemnification shall include, but
not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may be
asserted or incurred by any person or entity, including the applicant, third parties and the
indemnities, arising out of or in connection with the approval of this application, whether or
not there is concurrent, passive or active negligence on the part of the indemnities.
5. In the event that any claim, action or proceeding as described above is brought, the City shall
promptly notify the applicant of any such claim, action or proceeding, and the City will
cooperate fully in the defense of such claim, action, or proceeding. In the event the applicant
is required to defend the City in connection with any said claim, action or proceeding, the
City shall retain the right to: 1) approve the counsel to so defend the City; 2) approve all
significant decisions concerning the manner in which the defense is conducted; and 3)
approve any and all settlements, which approval shall not be unreasonably withheld. Nothing
herein shall prohibit the City from participating in the defense of any claim, action or
proceeding, provided that if the City chooses to have counsel of its own to defend any claim,
action or proceeding where applicant already has retained counsel to defend the City in such
matters, the fees and the expenses of the counsel selected by the City shall be paid by the
City.
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6. As a condition of this application, applicant agrees to be responsible for the payment of all
City Attorney expenses and costs, both for City staff attorneys and outside attorney
consultants retained by the City, associated with the reviewing, processing and implementing
of the land use approval and related conditions of such approval. City Attorney expenses
shall be based on the rates established from time to time by the City Finance Director to
cover staff attorney salaries, benefits, and overhead, plus the actual fees and expenses of any
attorney consultants retained by the City. Applicant shall reimburse the City for City Attorney
expenses and costs within 30 days following billing of same by the City.
7. All new and existing landscaping shall be maintained in a healthy and thriving condition, free
of weeds and debris. Any dying or dead landscaping shall be replaced in a timely fashion.
8. All site improvements, including but not limited to the site lighting, hardscape, landscape
islands and paving striping shall be maintained in good, undamaged condition at all times.
Any damaged improvements shall be replaced in a timely manner.
9. The site shall be kept free of litter and garbage. Any trash, junk or damaged materials that are
accumulated on the site shall be removed and disposed of in a timely manner.
10. Approved colors are as shown on the approved color and material board on file with the
Community Development Department, Planning Division except as modified by the follow-
up review by the Design Review Board. Generally, the approved color palette consists of
brown, tan, cream and white colors as shown on the approved elevations. Any future
modification to colors shall be subject to review and approval of the Planning Division and
major modifications shall be referred to the Design Review Board.
11. Unless addressed as a separate condition of project approval, the project sponsor shall be
responsible for implementing all mitigation measures presented in 755 Lindaro Street and
788 Lincoln Avenue Parking Garage Addition Draft Initial Study / Mitigated Negative
Declaration and the approved Mitigation Monitoring and Reporting Program (MMRP)
adopted by separate resolution and, on file with the Department of Community Development.
Consistent with City -adopted development fees, the project sponsor is required to pay a
Mitigation Monitoring Fee, which shall be charged and collected through implementation of
the MMRP.
PG &E
12. Electric and gas service to this development will be provided in accordance with the
applicable extension rules, copies of which are available by telephoning PG&E's Service
Planning office at the PG&E San Rafael Service Center at (415) 257-3431. PG&E
recommends early contact so that there is adequate time to review and schedule any necessary
work for the development.
13. The cost of any relocation of existing PG&E facilities or conversion of existing overhead
facilities to underground necessitated by this project will be the responsibility of the requester
as explained above.
13
Prior to the issuance of Building and/or Gradhig Permits, whichever occurs first
Community Development Department- Building and Planning Divisions
14. The project sponsor shall secure all required approvals and/or permits from other regulatory
agencies including, but not limited to the Regional Water Quality Control Board (RWQCB),
Bay Area Air Quality Management District (BAAQMD), San Francisco Bay Regional Water
Quality Control Board (SFBRWQCB), State of California Department of Toxic and
Substance Controls (DTSC).
15. The applicant shall address the Planning Commission's consensus items from the August 25,
2015 meeting, including:
a. If warranted and feasible, increase and improve connectivity from Lincoln Avenue to
Second Street, along the back side (east side) of the new parking garage, by installing
a pathway to provide pedestrian access.
b. Maximize and improve visibility of pedestrians at all corners of the San Rafael
Corporate Campus, across Second Street and Anderson Drive, and across Lindaro
Street and Lincoln Avenue, as follows:
i. Install improved high -visibility crosswalks (i.e. continental cross walks or
ladder style crosswalks) across Second Street at both sides of Lindaro Street
and both sides of Lincoln Avenue.
ii. If not present, install depressed/ADA compliant curb ramps at all crosswalk
intersections receiving striping enhancements.
16. Consistent with Use Permit Condition # 6 above, the applicant shall address on and off site
signage for public parking as follows:
a. Since the prior approvals for the Fair, Isaac Office Park/SRCC campus required
surface parking spaces on the western lot to be made available for public use, both
after hours on weeknights and all day on weekends, and the fact that this project
would shift the location of the after hour/weekend public parking, the applicant shall
be responsible for the improvement/update to all existing on-site signage designed to
inform the public of the availability and location of public parking after hours on
weeknights and on weekends.
b. Subject to the review and approval of the Department of Public Works, the applicant
shall also be responsible for the installation of new off-site signage, on streets or
properties surrounding the campus, to inform the public of the availability of public
parking on the surface lots throughout the SRCC campus after hours (weeknights) and
on weekends. The applicant shall also make a good -faith effort to provide local
businesses or event organizers with operational hours and directional information for
incorporation into event brochures, handouts or web based descriptions. This
condition and whether new signs shall be installed off site is subject to the review and
approval of the Department of Public Works.
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17. The applicant shall submit a final revised landscaping plan that includes the pedestrian path,
constructed of concrete (or decomposed granite or similar if located within the 25 ft setback
area) and native plantings, including appropriate native tidal grasses, shrubs/bushes and trees
on Parcel 8, within the 25 -foot creek Setback area, as allowed per the Mahon Creek Plan and
FEIR.
Communitv Development Department, PlanninLy Division
18. Construction plans submitted for issuance of a building permit shall include a plan sheet,
which lists and incorporates all ED 14-097 conditions of approval.
19. Prior to the issuance of a building permit, the project sponsor shall pay the City -adopted
affordable housing in -lieu fee (SRMC 14.16.030.I.2) for 2.17 affordable housing units. The
2.17 affordable housing units is based on the type of use and the number of very low, low and
moderate income units per 1,000 sq ft of gross floor area. For office or research and
development uses, the number of affordable units is 0.03 x 1,000 sq ft of gross floor area, or
72 x 0.03 units, resulting in 2.17 affordable units required. The in lieu fee for 1 affordable
housing unit is $254,599.00. The required in -lieu fee payment is $552.479.83 ($254,599 x
2.17 = $552,479.83).
20. Prior to issuance of a building permit, the applicant shall submit revised plans to address the
Design Review Board's recommendation from their June 16, 2015 meeting. The plans shall
be subject to final review of the project details by the Design Review Board: Chair Summers,
members Lentini, Huntsberry, Spielman, and Kent, and presented to the DRB as a consent
calendar item. The final review shall include revision to details of the 755 Lindaro Street
office building and 788 Lincoln Avenue Parking Garage expansion specific to the following:
a. Window proportions for the east facing fagade shall have more proportionality and
harmony through all floors
b. Proposed expansion joint locations shall be consistent with other buildings located
throughout the SRCC.
c. Appropriate portico/entrance feature and roofline cornices located on the south side
entrance of the parking structure.
21. Revised drawings shall be submitted to City of San Rafael Community Development
Department staff for review and approval for substantial conformance to DRB requested
changes prior to submittal of a building permit application.
22. Prior to the issuance of a building permit for this first phase of the project, the applicant shall
submit a complete Construction Management Plan (CMP) to the Community Development
Department, Planning Division, for the management of the construction for all phases of the
project. The CMP shall be subject to the review and approval of the Community
Development Department and Public Works Department. This CMP shall outline measures
to mitigate or reduce the potential negative construction and staging impacts of the project on
the public streets, adjacent properties and residents/occupants/businesses and the surrounding
area. The CMP shall address and incorporate the specific conditions of approval/requirements
f&"
identified in the conditions of approval into the CMP. The CMP shall address the following
topic areas for all periods of construction:
a. Storm Water Pollution Prevention Plan (SWPPP).
i. Narrative of requirements.
ii. Copy of SWPPP Issued by the State of California and developed by a State
Certified QSD.
b. Traffic Management Plan
i. Traffic Management Narrative to address construction traffic
ii. Traffic Mitigation Plan
c. Site Logistics & Parking Plan
i. Site Logistics and Parking Narrative.
ii. Site Logistics Plan.
iii. Staging and delivery
d. Construction hours
e. Parking Mitigation
f. Parking Mitigation Narrative
g. Valet plan
h. Site Plan for parking mitigation
i. Fire Department Access Plan
i. Copy of AMMR if applicable
ii. Copy of Fire Department Access Plan
j. Construction Communication Plan
23. The following project design details and modifications shall be made prior to the issuance of
a building permit:
24. Contractor Contact Information Posting: The project site shall be posted with the name and
contact number of the lead contractor in a location visible from the public street.
25. This approval does not include the approval of any changes to the current approved Sign
Program for the site. Any additional signage or changes to the Sign Program shall require an
amendment to the program to be submitted and reviewed as prescribed by Section 14.19 of
the Zoning Ordinance.
26. Plans submitted for building permit shall include the location and details for placement of 10
electrical vehicle parking spaces for charging stations. The project sponsor shall be required
to install all electrical connections and infrastructure and vehicle charging units. The charging
areas shall be located close to the building.
27. A detailed roof plan shall be submitted. All mechanical equipment (i.e., air conditioning
units, meters and transformers) and appurtenances not entirely enclosed within the structure
(on side of building or roof) shall be screened from public view. The method used to
accomplish the screening shall be indicated on the building plans and approved by the
Planning Division.
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28. All outstanding Planning Division application processing fees shall be paid.
Community Development Department, Building Division
29. The design and construction of all site alterations shall comply with the 2013 California
Residential Code, 2013 California Building Code, 2013 Plumbing Code, 2013 Electrical
Code, 2010 California Mechanical Code, 2013 California Fire Code, 2013 California Energy
Code, 2013 Title 24 California Energy Efficiency Standards, 2013 California Green
Building Standards Code and City of San Rafael Ordinances and Amendments.
30. School fees will be required for the project. Commercial space is computed at $0.33 per
square foot of new building area. Fee calculations are completed by the San Rafael City
School District and such fees are paid directly to them prior to issuance of the building
permit. Proof of fee payment must be submitted with an application for a building permit.
31. A building permit application shall be accompanied by four (4) complete sets of construction
drawings to include:
a. Architectural plans
b. Structural plans
c. Electrical plans
d. Plumbing plans
e. Mechanical plans
f. Fire sprinkler plans (Deferred Submittal to the Fire Prevention Bureau)
g. Site/civil plans (clearly identifying grade plan and height of the building)
h. Structural Calculations
i. Truss Calculations
j. Soils reports
k. Title -24 energy documentation
32. The project sponsor shall prepare and submit a construction management plan to implement
the following Bay Area Air Quality Management District (BAAQMD) dust control measures
during project construction:
a. Water all active construction areas at least twice daily
b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least two feet of freeboard
c. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas and staging areas at construction sites
d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging
areas at construction sites
e. Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets
f. Hydro -seed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more)
g. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed
stockpiles (dirt, sand, etc.)
h. Limit traffic speeds on unpaved roads up to 15 mph
i. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways
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j. Replant vegetation in disturbed areas as quickly as possible
k. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks
and equipment leaving the site
1. Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of
construction areas
in. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25
mph
n. Limit the area subject to excavation, grading and other construction activity at any
one time.
o. Explicit guidance measures shall be included on plans submitted for a grading permit
and contract documents for the application of water to grading and construction sites
to reduce and control dust. Reclaimed water shall be used during construction if
available from the Central Marin Sanitation Agency or the Las Gallinas Treatment
Plant.
33. Prior to issuance of any Grading or Demolition Permit, the City Engineer and the Chief
Building Official shall confirm that the Grading Plan, Building Plans, and specifications
stipulate that the following basic and enhanced construction mitigation measures shall be
implemented:
a. Water all active construction areas to maintain 12 percent soil moisture.
b. All grading shall be suspended when winds exceed 20 miles per hour.
c. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
d. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction sites.
e. Hydroseed or apply non-toxic soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more).
f. Enclose, cover, water twice daily or apply non-toxic soil binders to exposed
stockpiles (including but not limited to dirt, sand, or gravel.)
g. All visible mud or dirt track -out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. Install sandbags or other
erosion control measures to prevent silt runoff to public roadways.
h. Wind breaks and perimeter sand bags shall be used to minimize erosion.
i. The amount of simultaneously disturbed surface shall be minimized as much as
possible.
j. Site access points from public roadways shall be paved or treated to prevent track -out.
k. Replace vegetation in disturbed areas as quickly as possible.
1. All vehicle speeds on unpaved roads shall be limited to 15 mph.
m. All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible.
n. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to two minutes. Clear signage shall be provided
for construction workers at all access points.
o. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
IRI
p. Post a publicly visible sign with the telephone number and person to contact at the
City regarding dust complaints. This person shall respond and take corrective action
within 48 hours. The BAAQMD's phone number shall also be visible to ensure
compliance with applicable regulations. (MM AQ -1)
34. Prior to the issuance of a grading permit or improvement plans in lieu of a grading permit,
and building plans the applicant shall demonstrate to the satisfaction of the City Engineer,
that the recommendations of the project geotechnical report have been incorporated into the
project grading and building plans.(MM GEO-1)
35. Prior to the issuance of grading permits or improvement plans in lieu of grading permits, the
applicant shall submit to the satisfaction of the City Engineer, a Stormwater Pollution
Prevention Plan (SWPPP) that identifies the project specific Best Management Practices that
would be used during the construction phase of the project. The SWPPP shall be consistent
with the General Construction Permit water quality standards specified by the Regional
Water Quality Control Board and City of San Rafael requirements. (MM HWQ-1)
36. Prior to the issuance of grading permits or improvement plans in lieu of grading permits, the
applicant shall submit to the satisfaction of the City Engineer, a soil management plan (SMP)
that addresses soil and groundwater management procedures associated with construction
activities and demonstrates that the project complies with the 2008 Soil Management Work
Plan Addendum approved by the California Department of Toxic Substance Control in 2008
for the New Lab Building site, and the Soil Management Plan approved by the Regional
Water Quality Control Board in 2010 for the Lincoln Parking Garage Phase 2 site. (MM
HWQ-2)
37. Prior to the issuance of grading permits or improvement plans in lieu of grading permits, the
applicant shall submit to the satisfaction of the City Engineer a Stormwater Control Plan
(SCP). The SCP shall demonstrate that stormwater quality control measures, including Low
Impact Development (LID) and Best Management Practices (BMPs) consistent with the
Stormwater Quality Manual for Development Project in Marin County have been
incorporated into the project design. (MM HWQ-3)
Fire Department - Fire Prevention
38. The design and construction shall comply with the 2013 California Fire Code as amended by
the City of San Rafael Municipal Code.
39. Prior to issuance of a building permit, the following information shall be added to the plans:
a. Deferred Submittals for the following fire protection systems shall be submitted to the
Fire Prevention Bureau for approval and permitting prior to installation of the
systems:
b. Private Fire Service Main.
c. Automatic Fire Sprinkler System.
d. Fire Alarm System.
e. Standpipe System.
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40. A fire apparatus access plan shall be prepared for this project. Fire apparatus plan shall show
the location the following:
a. Designated fire apparatus access roads.
b. Red curbs and no parking fire lane signs.
c. Onsite fire hydrants.
d. Fire Department Connection (FDC).
e. Double detector check valve.
f. Street address sign.
g. Recessed Knox Box.
h. Fire Alarm annunciator panel.
i. NFPA 704 placards.
41. The minimum unobstructed width of the fire apparatus access road is 20 -feet.
42. The minimum inside turning radius for a fire apparatus access road is 28 feet.
43. Fire lanes must be designated; painted red with contrasting white lettering stating "No
Parking Fire Lane". A sign shall be posted in accordance with the CFC Section 503.3.
44. As the building is over 30 feet in height, an aerial fire apparatus access roadway is required
parallel to one entire side of the building. The inside edge of the aerial apparatus access
roadway shall be located within a minimum 15 feet and a maximum of 30 feet from the
building.
45. The minimum unobstructed width for an aerial fire apparatus access road is 26 -feet.
46. Due to site constraints the aerial fire apparatus access roadway does not meet the minimum
standards; Lindaro Street will be used for additional aerial apparatus access. Note on the
plans that an alternate means and methods design is proposed to provide for an equivalent
level of protection with the prescribed code; identify all fire and life safety features and
systems that are proposed for equivalency.
47. Due to limited fire apparatus access to the site, the existing median on Andersen Drive
located in front of the driveway shall be removed and permanently patched for emergency
vehicle access. This work shall be completed prior to any onsite construction that restricts
fire apparatus access through the existing driveway located on Lindaro Street. This
requirement is to allow unobstructed fire apparatus access to the existing parking structure.
48. Overhead utility and power lines shall not be located within the aerial fire apparatus access
roadway, or between the roadway and the building.
49. The proposed EVA -Emergency Vehicle Access shall be designed and maintained to support a
minimum load of 75,000 pounds and shall be surfaced with asphalt or concrete to provide all-
weather driving capabilities. Where bollards are located in the EVA, they shall be an
approved type of retractable bollards. Provide complete construction details of the retractable
bollards on the fire apparatus plan. The driveway for the new EVA shall be completed prior
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to any onsite construction that restricts fire apparatus access through the existing driveway
located on Lindaro Street.
50. Show the location of address numbers on the building elevation. Each building must have
address identification placed in a position that is plainly legible and visible from the street or
road fronting the property. Refer to the attached Fire Prevention Bureau Premises
Identification Standard 09-1001, Table 1.
51. A Knox Box is required at the primary point of first response to the building. A recessed
mounted Knox Box # 3275 Series is required for this project; the Knox Box shall be clearly
visible upon approach to the main entrance from the fire lane. Note the Knox Box must be
installed from 72" to 78" above finish grade; show the location on the plans.
52. Provide a stairway for roof access.
53. Hazardous Materials Placard shall be installed in accordance with NFPA 704.
54. Provide a Hazardous Materials Management Plan to be submitted to Marin County
Department of Public Works, CUPA
55. Contact the Marin Municipal Water District (MMWD) to make arrangements for the water
supply serving the fire protection system.
Public Works Department
56. At the time of building permit issuance for the new office building, the applicant shall be
required to pay a traffic mitigation fee which shall be based on the number of trips. For the
purposes of this submittal, a 72,396 square foot office building would generate an estimated
209 trips (108 a.m. and 101 p.m.) which equates to $887,414 (209 x $4,246.00).
57. At the time of building permit issuance, per SRMC Section 09.04.00, a construction vehicle
impact fee for street resurfacing shall be required based on 1% of the assessed valuation
levied on all building permits and inspections.
58. Provide drainage calculations prepared by a license Civil Engineer for this new structure. The
drainage calculations shall show that there is no change to the drainage patterns as storm
water crosses the property line.
59. Provide a plan that shows the size, slope and flow direction of the storm drain system for this
site and the permanent filtration systems proposed for the site to filter storm water before it
exits the property. As part of the updated stormwater control requirements, low impact design
elements shall be required which promote infiltration and stormwater treatment onsite.
60. The connection for the proposed drainage system to the existing system appears to reverse the
flow within the existing drain on the north side of the building. Prior to issuance of a building
permit, provide a profile for the drainage system to clearly show the intended flow line.
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61. Provide information on the plan indicating any special considerations, to be followed for
installation of the foundation at this site in compliance with any soil mitigation
considerations.
62. A soil erosion and sediment control plan shall be required for this project and shall be
included with the building permit plan set.
63. The bicycle parking shown on the plan is denoted with (55). As per the Municipal Code
section 14.18.090 (c. 1), the required per bicycle parking capacity shall be 5% of the number
of required automobile parking spaces. 78 bicycle parking spaces are required, considering
the 1,561 required automobile parking spaces. Prior to building permit submittal, provide an
explanation of where these bicycle parking spaces are provided or whether the 55 spaces are
adequate for this use. Associated support information will be required from the traffic
engineer for a request to reduce the bicycle parking requirement.
64. Prior to building permit submittal, revise the plans to show the driveway and parking lot aisle
widths on the plan per the municipal code.
65. In order to maintain access to the fire exit area, two parallel parking spaces on Lindaro Street
will need to be removed. Reconfiguration of the curb bump -outs or islands may be necessary
to address the changes.
66. Prior to building permit submittal, revise the plans to provide additional details for the
emergency vehicle access locations onsite from Lindaro Street and the median access on
Andersen Dr.
67. Improvements within City maintained roadway and median area shall be City standard
materials such as asphalt and concrete. Striping and signage may be utilized to restrict non-
emergency vehicles from using the median access.
68. Prior to building permit submittal, provide supporting documents highlighting the
comparison between the analyses using ITE rates versus fitted curve methodologies.
69. Prior to building permit submittal, provide an update to the Fehr and Peers March 10, 2015
Memorandum as discussed in the DCC meeting on April 23, 2015. The update will provide
the final size of the new building and include the final trip generation for the final building.
Once the revised information has been submitted the final trip counts will be reviewed and
final traffic mitigation fees will be determined for payment prior to the issuance of the
building permit as noted in condition #56 above.
70. Prior to building permit submittal, revise the plans to provide dimensions for the emergency
vehicle movement plan. Please show isle widths, and turning radii in and around the site, in
addition to the vehicles and their paths provided.
71. An encroachment permit will be required for work to be conducted within the right of way.
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72. As part of the final build out of the Lincoln Ave parking garage, the temporary construction
entrance/exit to the parking garage shall be maintained as a secondary egress (exit only) from
the Phase I Lincoln Ave parking garage for vehicles exiting the lower level. The Department
of Public Works shall reserve the right to require the closure of this secondary egress at any
time if traffic safety issues arise through its use. If the Department of Public Works requires
closure, the project sponsor shall close the egress 14 days after City notification and shall
restore the original architectural fagade as submitted in their October 8, 2015 project plans,
within 6 months.
San Rafael Sanitation District (SRSD)
73. The project proponent shall comply with all applicable regulations of the San Rafael
Sanitation District and pay all applicable fees for sewer connection and service.
PG&E
74. Prior to the start of excavation or construction, it is required that the contactor call
Underground Service Alert (USA) at 1-800-227-2600 to have the location of any existing
underground facilities marked in the field.
During Grading and/or Construction
Communitv Development Department, Planning Division
75. Construction Hours: Construction hours shall be limited as specified by Municipal Code
Section 8.13.050.A which are 7:00 a.m. to 6:00 p.m., Monday through Friday and Saturday
from 9:00 a.m. to 6:00 p.m. Construction shall not be permitted on Sundays or City -observed
holidays. Construction activities shall include delivery of materials, arrival of construction
workers, start-up of construction equipment engines, playing of radios and other noises
caused by equipment and/or construction workers arriving at or on the site. Exceptions to the
construction hours may be applied for through an Exception application (SRMC 8.13.060)
76. Reclaimed water shall be used during construction if available from the Central Marin
Sanitation Agency (CMSA) or the Las Gallinas Treatment Plant.
77. During ground disturbance activities associated with the proposed project, the construction
contractor shall comply with CARB's Airborne Toxic Control Measures (ATOM) addressing
NOA (Section 93105 and 93106 of Title 17 of the California Code of Regulations). These
ATCMs regulate construction, grading, quarrying and surface mining operations, as well as
surfacing applications. (MM AQ -2)
78. During construction and grading activities, if any prehistoric or historic subsurface cultural
resources are discovered, all work within 50 feet of the resources shall be halted and a
qualified archaeologist shall be consulted to assess the significance of the find according to
CEQA Guidelines Section 15064.5. If any find is determined to be significant,
representatives from the City and the archaeologist shall meet to determine the appropriate
avoidance measures or other appropriate mitigation. All significant cultural materials
recovered shall be, as necessary and at the discretion of the consulting archaeologist, subject
to scientific analysis, professional museum curation, and documentation according to current
professional standards. In considering any suggested mitigation proposed by the consulting
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archaeologist to mitigate impacts to historical resources or unique archaeological resources,
the City shall determine whether avoidance is necessary and feasible in light of factors such
as the nature of the find, project design, costs, and other considerations.
a. If avoidance is infeasible, other appropriate measures (e.g. data recovery) shall be
instituted. Work may proceed on other parts of the project site while mitigation for
historical resources or unique archaeological resources is being carried out. (MM CULT -
1)
79. During construction and grading activities, should any potentially unique paleontological
resources (fossils) be encountered, work shall be halted immediately within 50 feet of the
discovery, the City of San Rafael Planning Department shall be immediately notified, and a
qualified paleontologist shall be retained to determine the significance of the discovery.
Based on the significance of the discovery, the qualified paleontologist shall present options
to the City for protecting the resources.
a. Appropriate action may include avoidance, preservation in place, excavation,
documentation, and/or data recovery, and shall always include preparation of a written
report documenting the find and describing steps taken to evaluate and protect significant
resources. The City of San Rafael shall implement feasible and appropriate
recommendations/mitigation measures of the qualified paleontologist for any
unanticipated discoveries. (MM CULT 2)
80. If human skeletal remains are uncovered during construction, the construction contractor
shall immediately halt work within 50 feet of the find, contact the Marin County Coroner to
evaluate the remains, and follow the procedures and protocols set forth in Section
15064.5(e)(1) of the CEQA Guidelines. If the County Coroner determines that the remains
are Native American, the project applicant shall contact the Native American Heritage
Commission, in accordance with Health and Safety Code Section 7050.5, subdivision (c), and
Public Resources Code 5097.98 (as amended by AB 2641). Per Public Resources Code
5097.98, the construction contractor shall ensure that the immediate vicinity, according to
generally accepted cultural or archaeological standards or practices, where the human remains
are located, is not damaged or disturbed by further development activity until the project
applicant has discussed and conferred, as prescribed in this section (California Public
Resources Code Section 5097.98), with the most likely descendants regarding their
recommendations, if applicable, taking into account the possibility of multiple human
remains. (MM CULT -3)
Prior to Occupancy
Communitv Develonment Department, Planning Division
81. The landscaping and site improvements shall be installed per approved landscaping plan. The
landscape architect shall call for inspection and certify and submit in writing to the Planning
Division that the landscaping has been installed in accordance with all aspects of the
approved landscape plans, that the irrigation has been installed and been tested for timing and
function, and all plants including street trees are healthy. Any dying or dead landscaping shall
be replaced.
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82. The project proponent shall submit a photometric plan of the installed exterior lighting.
Following the issuance of a certificate of occupancy, all exterior lighting shall be subject to a
30 -day lighting level review by the Police Department and Planning Division to ensure
consistency with the approved plans and compatibility with the surrounding area.
Department of Public Works
83. Prior to final building permit sign -off of the parking structure addition, the project sponsor
shall install two Rapid Repeating Flashing Beacons at the mid -block crosswalk on Lincoln
Ave. The type of beacon shall be solar powered and shall be reviewed and approved by the
City's traffic engineer prior to installation. The project sponsor shall obtain a License
agreement from the Department of Public Works for the installation of this device. The cost
of the purchase and installation of this device shall be the responsibility of the project
sponsor.
Hazardous Materials Division - Fire Department
84. Applicant will be required to provide documentation of a Certified Unified Program (CUPA)
Permit issued from the Marin County CUPA.
85. Provide documentation regarding the use, storage and handling of hazardous materials.
Post Occupancy
Communitv Development Department. Planning Division
86. All exterior lighting shall be shielded down. Following the issuance of a certificate of
occupancy, all exterior lighting shall be subject to a 30 -day lighting level review by the Police
Department and Planning Division to ensure compatibility with the surrounding area.
This Master Use Permit (UP 14-052) and Environmental Design Review Permit (ED 14-097) shall
become effective on the date in which the ordinance of the adopted amendment to the San Rafael
Corporate Center Planned Development District zoning (ZC 14-002) becomes effective.
I, ESTHER C. BEIRNE, 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 the 191h day of October, 2015, by the following vote, to wit:
Moved by Councilmember McCullough and seconded by Councilmember Bushey as follows:
AYES: COUNCILMEMBERS Bushy, Colin, Gamblin, McCullough and Mayor Phillips
NOES: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
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ESTHER C. BEIRNE, City Clerk