HomeMy WebLinkAboutCC Resolution 13532 (Master Use Permit; Bayview Business Park)RESOLUTION NO. 13532
RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL APPROVING A MASTER USE
PERMIT AMENDMENT FOR BAYVIEW BUSINESS PARK LOCATED AT 22-150
PELICAN WAY, 2505-2597 KERNER BOULEVARD AND 85-101 GLACIER WAY
APN: 009-291-15,16,22,23,38,39,42,54,55,56,57,69&70
WHEREAS, On October 19, 2012, Bayview Business Park Owners filed zoning and use
permit applications (ZC 12-001 & UP 12-040) to amend the existing Bayview Business Park
Master Plan, Planned Development District PD 1675 text to update the ordinance consistent with
current general plan and zoning provisions and remove antiquated standards, and the Master Use
Permit UP82-65(c) conditions of approval to reflect the updated standards and built -out
conditions of the project; and
WHEREAS, upon review of the applications, an Initial Study was prepared consistent
with the requirements of the City of San Rafael Environmental Assessment Procedures Manual
and the California Environmental Quality Act (CEQA) Guidelines, finding that the proposed
development would not result in significant environmental effects. As a result, a Negative
Declaration was prepared and noticed for a 20 -day public review period beginning on March 6,
2013 and ending on March 26, 2013; and
WHEREAS, on March 26, 2013, the San Rafael Planning Commission held a duly
noticed public hearing on the proposed Zone Change and Use Permit, accepting all oral and
written public testimony and the written report of the Community Development Department
staff, and
WHEREAS, by adoption of a resolution 13-06 the San Rafael Planning Commission
unanimously recommended approval of the Master Use Permit amendment for the Bayview
Business Park; and
WHEREAS, on May 6, 2013, the San Rafael City Council held a duly noticed public
hearing on the proposed Zone Change and Use Permit entitlements accepting all oral and written
public testimony and the written report of the Community Development Department staff, and
WHEREAS, by adoption of a separate resolution the San Rafael City Council adopted the
Negative Declaration prepared for the project; and
WHEREAS, by adoption of a separate resolution the San Rafael City Council passed an
ordinance to print amending the Bayview Business Park Planned Development District (ZC12-
001), consisting of text amendments only, which will be published and returned for adoption at
the next regular meeting of the City Council.
NOW THEREFORE BE IT RESOLVED, the City Council makes the following findings:
Findings (UP05-004)
A. The proposed use is in accord with the general plan, the objectives of the zoning ordinance,
and the purposes of the light industrial and office general plan designation and Planned
Development district in which the site is located given that it would implement the permitted
light industrial and office uses allowed within the Bayview Business Park pursuant to the
Planned Development District standards, as amended to reflect reduced gross building areas
and increased allowable office areas, in compliance with the existing and grandfathered
parking rates and with elimination of an outdated trip generation standard, with no new
development proposed.
B. The proposed use, together with the conditions applicable thereto, will not be detrimental to
the public health, safety or welfare, or materially injurious to properties or improvements in
the vicinity, or to the general welfare of the city given that the project does not propose any
new or additional development, would reconcile existing built -out conditions, re -adopts
previously adopted conditions applicable to the project, and imposes new conditions to
assure that the development would remain in compliance with all applicable zoning
standards and requirements of the City of San Rafael.
C. The proposed use complies with each of the applicable provisions of the zoning ordinance
given that the building areas have been reconciled to match built -out conditions, adequate
parking supply has been provided in compliance with applicable PD standards and
confirmed as adequate, and no new development would result.
BE IT FURTHER RESOLVED, that the City Council of the City of San Rafael grants
approval of the Use Permit subject to the following conditions:
Conditions of Approval (UP12-040)
Community Development Department, Planning Division
Permitted Land Uses & Building Areas
1. This Use Permit approval UPI 2-040 serves as the current Master Use Permit for the Bayview
Business Park light industrial and office development, and supersedes the prior, amended,
Master Use Permit UP82-65.
2. This Master Use Permit approval shall serve to update the allowable mix of office and light
industrial square footage and gross building area based on the built -out conditions of the
project, as stipulated by amendments to the sites PD zoning district and condition 3 below,
and eliminate trip counting and annual tenant mix monitoring requirements for the project.
This use permit shall not Ro into effect until the PD zoninv- amendments (ZC 12-001) are
enacted.
3. This Master Use Permit approves development of a maximum allowable 224,530 gross
square feet of building area in the Bayview Business Park. A maximum of 124,945 square
feet of space may be developed for Office use. The remaining 99,585 may be developed for
Pa
Light Industrial space. However, no more than 36,000 square feet of the Light Industrial
space may be utilized for Research and Development (R&D) uses, with the remainder of
space limited to lower intensity storage, warehouse, wholesale distribution and similar uses.
The approved building areas and uses shall be divided among seven (7) buildings on the 12.9
acre developable site area, with the maximum areas for each use established at the following
limits:
Gross Area Office Sq. Ft. Light Industrial Sq. Ft. (& Max. R&D)
Building A
31,595
31,595
0
Building B
28,135
9,680
18,455
(with up to 9,100 of R&D)
Building C
19,900
13,305
6,595
(with up to 2,000 of R&D)
Building E
28,350
13,360
14,990
Building F
36,000
9000
27,000
(with up to 7,900 of R&D)
Building G
29,450
29,450
0
Building H
51,100
18,555
32,545
(with up of 17,000 of R&D)
Totals
224,530
124,945
99,585
(with up to 36,000 of R&D)
4. All buildings within the complex may be utilized entirely for light industrial uses. However,
maximum Office and Research and Development gross square footages shall not exceed the
limits specified in Condition 3 above. The maximum allowable Research & Development
and/or Office square footage may be adjusted to transfer the allowable building intensity from
one building to another through grant of an administrative use permit approval. This shall be
required to amend the gross building area table above, and confirm that gross maximum
allowable floor areas and parking are maintained in compliance with the standards of the PD
zoning.
5. Ancillary uses permitted under the PD District may be established within the permitted
building areas through grant of an administrative use permit approval, which shall be
required to confirm that the use complies with the established floor area ratios and that
parking provided on-site would be adequate for the use. Additional parking shall not be
required for incidental retail and service uses that serve the primary uses on the site, as
determined by the City Engineer and/or Community Development Director.
6. The applicant may submit documentation to the City of San Rafael Planning Division and
request a rescission of a deed restriction that was filed for a mezzanine level that was
permitted but not built for Building E.
7. Administrative Environmental and Design Review Permit approval shall be required for any
proposed reconfiguration or adjustment of the existing approved parking lot configuration or
landscape areas or other physical site or exterior building improvements.
Building Permits Required
8. Building permit(s) shall be obtained for any building and tenant improvements, as required
by the California Building Code.
9. Plans submitted for building permits shall be forwarded to the Department of Public Works
for its review and approval.
Prior Conditions and Mitip-ation
10. All exterior modifications to the site or buildings shall comply with the approved design
standards specified in the adopted PD district Development Standards and the Environmental
and Design Review Permit ED85-54 site plan approval (e.g., Development Plan).
11. Changes that would significantly alter the approved Development Plan (i.e., site plan adopted
September 16, 1983) such as building placement and setback from wetland areas shall require
a major Environmental and Design Review Permit amendment.
12. The project has been constructed in substantial compliance with the conditions of approval
established for ED85-54, UP85-64(c) and prior zoning amendment Z82-16. Ongoing
conditions of approval have been updated, amended and incorporated herein, as applicable,
and this approval UPI 2-040 shall supersede all prior conditions of project approval.
13. All applicable environmental mitigation measures adopted for the project by the initial
environmental study mitigated negative declaration for Bayview Business Park, June 1983,
have been incorporated herein.
14. The project shall maintain a four -foot high vinyl clad cyclone fence within the inner boundary
of the five foot wide landscape buffer/upland habitat to discourage encroachment into pond
areas.
Project Design
15. Design approval has been granted for all 7 buildings constructed for build -out of the project.
Subsequent design review approval shall be required for any additions and modifications to
assure it would result in a design that is compatible with the project approvals.
16. Parking lot lighting shall be designed to shine downward, away from the highway and street
traffic as well as away from the pond areas, yet provide for the maximum security necessary
to the satisfaction of the Police and Fire Departments.
17. Each building shall be subject to environmental and design review, prior to issuance of
permits for construction, exterior alteration or additions. Each building shall carry a common
architectural theme with use of similar colors and building materials. Each building may be
subject to minor design alterations approved by the Design Review Board and staff.
18. No steel overhead doors for the light industrial buildings shall face Francisco Boulevard or
Kerner Boulevard. All overhead doors shall be painted the same color as the building siding.
19. The proposed decorative posts shall be masonry, wood or stucco to match the other building
materials.
20. All rooftop mechanical equipment shall be enclosed within an architecturally compatible
screen that would match the appearance of the main building. Details of equipment screens
shall be submitted for review and approval by the City.
21. Trash enclosures shall be provided and maintained with a common design, constructed of
masonry, stucco, wood trim and trellis top to match building elevations. Trash enclosures
shall be located away from driveway entrances, the pond areas and other visually prominent
locations. Trash enclosure details shall be submitted for prior review and approval by the
City.
22. Landscaping that has been required and installed for the project, shoreline band and public
access pursuant to approved landscape plans shall be maintained in good repair and condition
for the duration of the project use. Landscape berms required and provided along the public
right of way in compliance with approved landscape plans shall be maintained to a height not
exceeding 3 feet to provide sight distance at driveways and intersections. Box trees of 24"
and 36" shall be utilized in these islands (for any replacement trees).
23. Decorative paving is encouraged at building entrance driveways and parking lot areas
connecting the office buildings.
24. A sign program for the entire project shall be maintained for the Bayview Business Park. The
program shall have a common design theme throughout the project.
25. The Bayview Business Park Master Use Permit and Development Plan approvals shall be
valid for the duration of the project use. All existing and approved site and building
improvements shall be maintained in good repair and condition for the duration of the use,
and any changes shall be subject to prior review and approval by the Planning Division.
Parkin- & Circulation (Existing & OnRoinp- Conditions)
26. The project, as proposed, generates demand for up to 611 parking spaces based on the
applicable PD zoning rates of 3.3 spaces for office use and 2 spaces for light industrial use;
whereas capacity for parking of 610 vehicles is currently provided (due to reduction in total
spaces required to meet handicap accessibility parking requirements; and includes capacity
for 5 parking spaces adjacent to the interior side of Building F — between loading and rear
entry doors). The 610 parking spaces shall be determined as adequate to meet peak demand
for the current mix of office and industrial development; pursuant to the San Rafael
Municipal Code Chapter 14.18 (Grandfathered Parking).
27. The public may use the parking lot at the northeast end of the site on weekends or after hours
for access to the shoreline band.
28. Public access to the shoreline band at the end of Pelican Way shall be maintained with an
inviting entrance, minimum 8 -foot wide asphaltic -concrete paved path, and with landscaping
that would screen parking yet not obstruct views to the bay. Additionally, a chain link fence
has been required and installed north of the access path between the access entrance at the
Pelican Way cul-de-sac and the connection to the Shoreline band to secure the Marin
Municipal Water District storage yard and protect the pond north of the access path.
29. Parking along the peninsulas adjacent to the ponds, northeast and southeast of the buildings,
shall be reserved for employee parking for the office buildings. Heavy landscaping to include
trees of 24" and 36" box size have been required to be planted around the parking lots to
provide screening of parked vehicles.
30. The project has paid its fair share of traffic mitigation fees for development constructed to
date. Additional traffic mitigation fees would be required, as determined by the City
Engineer, for any further project additions.
Public Works Department (Existing & Ongoing Conditions of Approval)
Site, Gradinia & Building Design
31. Final finish floor elevations of building additions shall be subject to approval of the City
Engineer.
32. Handicap access requirements shall be complied with at time of building permit issuance for
additions and modifications.
33. Any new grading and earthwork for building additions shall be prepared in accordance with
the recommendations of an updated soils and geotechnical report prepared for the site.
34. Grading, drainage and foundation plans shall be reviewed and signed by a soils engineer. All
work shall be done under the direction of a soils engineer and a final report shall be
submitted prior to the acceptance of the work
35. Methane mitigation measures that have been required to be incorporated into the building
designs shall be maintained for the duration of the project, as deemed necessary for the health
and safety of the building and occupants. Any new buildings/additions shall be reviewed by a
qualified environmental health professional to ensure that proper methane measures are
incorporated into the design.
36. Disturbance of any debris fill material as a result of grading, paving, or building construction
shall require proper capping or covering of the area with clean fill material, or removal of
contaminated material with disposal at an approved site to the satisfaction of the State
Department of Health Services.
37. Development shall meet finished flood elevations and other requirements of the San Rafael
Municipal Code to protect structures from flooding.
Storm Drainage
38. Any alterations to the approved storm drainage systems shall be as recommended by a soils
engineer and subject to review and approval by the City Engineer to assure gradient and
design of storm drain improvements adequately accounts for settlement and preclude
methane intrusion.
39. Runoff from improved areas shall be collected and conveyed to the street by underground
conduit and/or sidewalk drains. Drainage shall not be diverted or concentrated onto adjoining
properties, or over sidewalks or driveways. Design of drainage running through landscape
areas is encouraged, to filter out contaminants.
40. All final drainage configurations shall be subject to approval by the City Engineer.
Sanitary Sewer
41. Sanitary sewer plans for building additions shall be subject to review and approval by the San
Rafael Sanitation District.
42. Modifications to sanitary sewer facilities shall be accommodate settlement and preclude
methane intrusion, as recommended by the soils engineer and approved by the City Engineer.
Agreements & Securities
43. Bayview Business Park shall remain subject to any existing agreements and securities made
by the applicant with the City of San Rafael.
Environmental Health
44. Five monitoring wells have been required along the perimeter of the ponds for the purpose of
measuring water levels within the fill. The water within the wells is required to be tested
twice a year (starting from January 1, 1984), to ensure that no toxic ground water from the fill
migrates or leaches into the pond areas. The test results are required to be prepared by a
reputable laboratory and submitted to the County Environmental Health and the Regional
Water Quality Control Board for review. If leaching occurs, additional mitigation measures
shall be required of the developer with bonding or other security provided (as determined by
the City) to assure implementation.
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 6th day of May, 2013, by the following vote, to wit:
AYES: Councilmembers: Colin, Connolly, Heller & Mayor Phillips
NOES: Councilmember: None
ABSENT: Councilmembers: McCullough
c • lze r ?*et
ESTHER C. BEIRNE, City Clerk