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HomeMy WebLinkAboutOrdinance 1474 (Bayview Business Park)I CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1474 entitled: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM "U" AND P -C -M (UNCLASSIFIED AND PLANNED COMMERCIAL LIGHT INDUSTRIAL) DISTRICT TO P -D (PLANNED DEVELOPMENT ) DISTRICT (Francisco Blvd., south of Pelican Way) (BAYVIEW BUSINESS PARK) is a true and correct copy of an ordinance of said City and was introduced at a regular meeting of the City Council of the City of San Rafael, held on the third day of January 19 84published as required by City Charter in the Independent -Journal a newspaper published in the City of San Rafael and passed and adopted as an ordinance of said City at a regular meeting of the City Council of said City held on the sixteenth day of January 19 84 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILbLEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this nineteenth day of January 1984. JEAN , ,. LEONCINI,ity Clerk ORDINANCE NO. 1474 AN ORDINANCE -OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM "U" AND P -C -M (UNCLASSIFIED AND PLANNED COMMERCIAL LIGHT INDUSTRIAL) DISTRICTS TO P -D (PLANNED DEVELOPMENT) DISTRICT (Francisco Blvd., south of Pelican Way) (BAYVIEW BUSINESS PARK) THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. The Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Muni- cipal Code is amended by reclassifying the following real property from "U" and P -C -M (Unclassified and Planned Commercial Light Industrial) Districts to P -D (Planned Development) District. Said property so reclassified is located on Francisco Boulevard south of Pelican Way, San Rafael, County Assessor's Parcels 9-290-31 and 34 described in Exhibit "B". DIVISION 2. Any development of this property shall be subject to the conditions outlined in Exhibit "A" which is attached hereto and made a part hereof. DIVISION 3. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. LAWRENC , Attest: /H J ANNE M. LEONCI City Clerk - 1 - E. MULRYAN, ' Mayor yORDINANCE NO. 1474 The foregoing Ordinance No. 1474 was read and intro- duced at a regular meeting of the City Council of the City of San Rafael, held on the 3rd day of January , 1984, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS• Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS:None and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on the 16th day of January , 1984. 26.2 A/1 JEA�.LEOA'&�,45tityyClerl - 2 - EXHIBIT "A" Conditions which were included as part of the zoning (Z82-16) action by the Planning Commission on October 25, 1983. PUBLIC WORKS DEPARTMENT (a) Plans and Permits l) Engineered improvement plans shall be submitted with the applications for building permits (due to phasing of construction). 2) The final finish floor elevations shall be subject to approval by the City Engineer. 3) Unless overturned by appeal to the City Council, "handicapped access" requirements must be complied with as a condition of building permit issuance. (b) Grading and Earthwork 1) The final grading plans shall be prepared in accordance with the recom- mendations of the report prepared by Don Herzog and Associates, dated May 6, 1983. 2) Grading, drainage and foundation plans shall be reviewed and signed by the soils engineer. 3) The final site and building plans shall be reviewed by a Waste Management Consultant to insure that proper methane mitigation measures have been incorporated into the designs. A written report shall be submitted with the application for building permits. 4) Prior to issuance of building permits, the final plans and reports shall be submitted to the Geotechnical Review Board. The applicant shall make a deposit with the City Engineer to cover the cost of this review. 5) All earth and foundation work shall be done under the direction of a soils engineer; and a final report shall be submitted prior to acceptance of the work. (c) Storm Drainage 1) The improvement plans shall show all existing and proposed drainage facil- ities. 2) The gradient of all storm drain systems shall be designed to accommodate predicted settlements. The improvement plans shall show profiles and grades before and after settlement. 3) Storm drainage facilities shall be constructed of flexible, watertight materials to accommodate predicted settlement and to preclude methane intrusion. The system shall be as recommended by the soils engineer and approved by the City Engineer. 4) Runoff from improved areas shall be collected and conveyed to the street by underground conduit and/or under sidewalk drains. Drainage shall not be diverted or concentrated onto adjoining properties; or over sidewalks and driveways. 5) The proposed drainage system is approved in concept only. The final con- figuration shall be subject to approval by the City Engineer. (d) Sanitary Sewers 1) The improvement plans shall show the location of all existing and proposed sanitary sewer facilities. 2) Each of the proposed buildings shall be served with an individual 4 -inch sewer lateral and/or a commonly maintained private lateral of not less than 6 -inches in diameter. 3) The gradient of all gravity sanitary sewers shall be designed to accommodate predicted settlements. The improvement plans shall show profiles and grades before and after settlement. 4) On-site sanitary sewer facilities shall be constructed of flexible, water- tight materials to accommodate predicted settlement and to preclude methane intrusion. The system shall be as recommended by the soils enuineer and approved by the City Engineer. (e) Streets and Roads 1) The improvement plans shall show the horizontal and vertical alignment of roadways. This shall be subject to the approval of the Fire Department and the City Traffic Engineer. 2) Right-of-way for the construction of Kerner Boulevard and Pelican Way shall be dedicated to the City in fee. 3) The roadways shall be constructed to the approved street widths identified in the Redevelopment Plan. 4) All roadways shall have structural sections based upon a Traffic Index determined by the City Traffic Engineer. 5) The final roadway design shall be reviewed by the soils engineer and shall be subject to approval of the City Engineer. (f) Frontaqe Improvements 1) The improvement plans shall show all proposed and existing frontage improve- ments. 2) New curb, gutter and sidewalk shall be installed along the entire Kerner Boulevard, Pelican Way and Francisco Boulevard frontages. (g) Utilities 1) The improvement plans shall show all existing and proposed utilities. 2) All utility services shall be underground. 3) Street lights shall be installed. The number, location and type of lights shall be subject to approval by the Police, Planning and Public Works Departments. (h) Levees and Seawalls 1) The existing levee shall be reconstructed to conform to current City -and U.S. Army Corps of Engineers standards, as approved in the "Wetlands Mitigation Plan." 2) The improvement plans shall show all proposed and existing waterfront improvements. (i) Areements and Securities 1? Prior to the issuance of building permits, the applicant shall formally agree not to protest the formation of an assessment district to construct Kerner Boulevard and Pelican Way and to implement the approved "Wetlands Mitigation Plan." This agreement shall be prepared by the applicant's counsel in a form agreeable to the City Attorney. 2) Construction of proposed public improvements may be deferred for one (1) year from project approvals dates pending the formation of the proposed assessment district. PLANNING DEPARTMENT (j) Master Plan approval shall be granted for the mitigated site plan dated Septem- ber 16, 1983. This master plan includes 11 buildings with 104,730 sq. ft. of office use and 140,192 sq. ft. of light industrial use (to include 104,192 sq. ft. of general light industrial and 36,000 sq. ft. of research and develop- ment use). (k) Geoloq_y/Soils 1) Si a filling shall be to elevation +10 MSL for ultimate grades of +6.5 to +8 MSL after 30 years of settlement. 2) Prior to placement of final fill on the site, the loose surficial fills currently existing on the site should be scarified, conditioned and com- pacted. 3) Imported fill should be free of organic material, and contain less than 5" rock or cobbles. 4) The seasonal marshland, southwest end of the site, permitted to be filled under the policies of the East San Rafael Wetlands Mitigation Plan, shall be drA-;ned and pumped dry prior to filling. 51 See Public Works Department condition (b) 1-5 for grading and earthwork requirements. (1) Air Quality 1) A gas ventilation system shall be indicated on the final building and grading plans. This system shall be installed beneath the foundation of the structures. The system shall be placed over the old fill material with discharge pipes directed away from all pedestrian and employment activities. The plans must be approved by the State Department of Health Services. 2) 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. (m) Water Quality Hydrology 1) The proposed development shall meet finished flood elevations and other requirements of Title 18 of the San Rafael Municipal Code to insure against flooding. 2) A comprehensive erosion and sediment control plan shall be submitted prior to issuance of any grading or building permits. Although all graded slopes have been approved through grading permits to slope away from' pond areas that are to be preserved, specific measures such as silt fences and straw bales may be necessary to provide additional protection for the ponds. 3) Five monitoring wells installed for the purpose of measuring water levels within the fill shall be required along the perimeter of the ponds. The water within the wells shall be tested twice a year starting from January 1, 1984, to insure that no toxic ground water from the fill migrates or leaches into the pond areas. The test results shall be prepared by a reputable laboratory and submitted to the City of San Rafael and the Regional Water Quality Control Board for review. If leaching occurs, additional mitigation measures shall be required of the developer with bonding to insure implementation. 4) The closed drainage system servicing the surface runoff shall be designed -with impermeable pipe material and tight joints as requi red under Public Works Department conditions (c)1-5. The final details regarding the drainage system shall be approved by the Regional Water Quality Control Board and the City prior to issuance of a building permit. (n) Plant/Animal Life - Wetlands Mitiqation Plan The project shall comply with all of the requirements and mitigation measures established in the East San Rafael Wetlands Mitigation Plan, approved U. S. Army Corps and BCDC permits. These requirements include but are not limited to the following: 1) Dedication in fee or establishment of easements over the pond areas and the tidelands east of the levee that are to be preserved as well as restoration to tidal action and enhancement. Enhancement shall mean grading and landscaping of all transitional slopes around the pond area in compliance with the Wetlands Mitigation Plan. A four foot high vinyl clad cyclone fence shall be installed within the inner boundary of the five foot wide landscape buffer/upland habitat to discourage encroachment into pond areas. Climbing vines shall be planted at the base to encourage fence screening. 2) Dedication and improvement of the 100 foot wide shoreline band and levee with improvement of public access and parking from Pelican Way to the shoreline to the satisfaction of Bay Conservation and Development Com- mission. A public access easement shall be granted from MMWD and the developer for shoreline band access from Pelican Way. 3) The applicant shall not protest the formation of an assessment district to implement the East San Rafael 'Wetlands Mitigation Plan. If the assessment district is not formed to implement the plan, the applicants shall be responsible for their fair share of implementation. (o) Traffic/ Circulation 1) The applicant shall not protest the formation of an assessment district for improvement of Kerner Boulevard and Pelican Way. The applicant may be responsible for full improvemient of Pelican Way if MMWD chooses not to participate in the assessrent district. A payback provision for improvement of MM10's one-half of the street right-of-way shall be required.. 2) Public parking signs shall be posted on the parking lot northeast of building "K". The signs shall stipulate that the public may use the parking lot on weekends or after hours for access to the shoreline band. 3) Public access to the shoreline band from the end of Pelican Way shall be approved by the Bay Conservation and Development Commission (BCDC) prior to design review approval of the first building. The access design shall include an inviting entrance from the end of Pelican Way with an access width to the satisfaction of BCDC and the Planning Director. The actual paved path shall be eight feet wide and asphalt concrete material. Landscaping along the path shall screen the parking lot yet not obstruct views to the bay. Additionally, a chain link fence shall be installed north o= the access path between the access entrance at the Pelican lday cul-de-sac and the connection to the Shoreline band to, secure the ?Marin 'iunicipal ,Fater District storage yard and protect the pond north of the access path. 4) Parking along the peninsulas northeast of building "K" and southeast of building "J" shall be reserved for erployee parking for the office buildings. Heavy landscaping to include tr-ees of 24" and 36" box size shall be planted around the parking lots to prcvide screening of parked vehicles. 5) The applicant shall pay an amount not to exceed $350,000 (1983) as the project's fair share of traffic mitigation fees for development in East San Rafael. 6) The project is phased and located in a traffic sensitive area, and the City Council will take all reasonable steps and use all reasonable resources to see that the project will not result, at the time of occupancy, in Service Level below D at the critical Bellam Boulevard intersections. 7) The project shall -be phased in the following order: Phase I, lt. industrial/research and development - first 18 to 24 months. Phase II, office - second 18 to 24 months. Phase III, lt. industrial - third 18 to 24 months. An adjustment in the project phasing may be proposed by the applicant and approved by the Planning Cor;-.,ission provided that any change in phasing does not intensify traffic approved under that phase. 8) Prior to issuance of building permits for office buildings I, J, and K, the developer shall submit a Transportation Systems Management program prepared by a qualified consultant. Such a program may include staggered work hours, carpools/vanpools and employee incentives for participation. Such employee incentives may include cash, preferential parking, etc. A reduction in the amount of required parking may be considered if additional setbacks are provided around the yearround ponds. If the buildings are occu- pied by multiple tenants, a TSM program may be required of the property manage- ment. The building leases could require that individual tenants participate in a TSM program. (p) Project Design 1) All 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. 2) Each building shall be subject to environmental design review, prior to issuance of building permits. 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. 3) 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. 4) The stucco stone material proposed for decorative posts shall be replaced with masonry, wood or stucco, to match other building materials. 5) Boxing of all rooftop mechanical equipment shall be required in addition to the roof parapet. The boxing shall be constructed of the same material used for building siding. Details of equipment storage boxing shall be submitted with the design review application for each building. 6) All trash enclosures shall have a common design. Each enclosure shall be constructed of masonry material, with stucco, wood trim and trellis top to match the building elevations. Trash enclosures shall be located away from driveway entranceways, the pond areas and other visually prominent areas. Details of each trash enclosure shall be submitted with the design review application for each building. 7) Building elevations for buildings I, J, & K shall be redesigned to the satisfaction of the Design Review Board and staff. Larger roof overhangs and a different roof hip pitch should be considered in the redesign. 8) The three 3 -story office buildings as proposed shall be permitted provided that the elevations comply with previous condition 6), the plaza area of building K is better oriented toward the central plaza area, and the third story is setback or otherwise designed to reduce building bulk. 9) A comprehensive landscape plan for the project shall accompany the first design review application. Turf or lawn area shall be provided along landscape islands fronting the public streets. These areas shall be mounded to a height not to exceed three feet to provide sight distance at driveways and intersections. Box trees of 24" and 36" size shall be utilized in these islands. The landscape plan shall include improvements for the shoreline band and public access connection from Pelican Way. The landscaping irrigation, public access and directional signage, paving, and furniture for the shoreline band and public access shall be equivalent to that approved for Spinnaker Point 4 and 5. 10) Decorative stamped concrete or bomanite type paving shall be required at all entrance driveways and the parking lot areas connecting the office buildings with the central plaza area. 11) A sign program for the entire project shall be submitted with the first design review application for a building. Like the building elevations and trash enclosures, the sign program shall have a common design theme throughout the project. (q) The final master plan shall be reviewed by the Marin/Sonoma Mosquito Atatement District for any recommended mitigation measures regarding mosquito abatement. This shall be completed prior to the design review application of the first building. (r) Specific Police and Fire Department development standards shall be imposed at the time of each individual design review. (s) This zone change and conceptual design review approval is valid for 18 months from the effective date of the City Council approved zone change. EXHIBIT "B" Situated in the State of California, County of Marin, City of San Rafael and described as follows: BEGINNING at the most Westerly corner of the property described as "Parcel Two" in the Deed from :sarin Canalways and Development Company, a corporation to Marin Development Company, a limited partnership, recorded March 26, 1956 in Volume 1016 of Official Records, at page 24, Marin County Records, being the intersection of the two courses "'North 38° 32' 42" West 360.71 feet arid -North 51' 27' 18" East 210.0 feet" in said Deed; running thence on meridian of said "Parcel Two", North 38° 32' 42,, West 266.67 feet; thence North 51° 27' 18" East 1865 feet; thence Southeasterly in a direct line for a distance of 906 feet, more or less, to a point on the Easterly line of Tide Land Lot 9 in Section 12, T 1 N, R 6.W, M.D.M., distant North 10 17' 18" East 2007.28 feet (measured along the Easterly lines o= Tide Land Lots 25.24 and 9 in said Section 12) from the Northeast corner of the property described in the Deed from Marin Canalways and Development Company to the State bf California, recorded September 25, 1957 in Volume 1143, Official Records, at page 185, Marin County Records; thence Southerly along the Easterly lines of said Tide Land Lots 9 and 24 for a distance of 506.28 feet, more or less, to the Northeast corner of the property described in "Parcel One" in the Deed from Marin Canalways and Development Company, a corporation to Equitable Development Company recorded in Volume 1160, Official Records; at page 382, Marin County Records; thence along the Northerly lines of said "Parcel One", North 88° 42' 42" test 660.0 feet to the Easterly line of Tide Land Lot 17 in Section 11; thence along said Easterly line North 10 17' 18" East 138.0 feet; thence leaving said last mentioned line, North 51" 14' [vest 288.0 feet, more or less, to the most Northerly corner of said "Parcel One"; thence along the Northwesterly line of said parcel, South 380 46' West 1048.0 feet, more or less, to the true point of beginning of said "Parcel One", being a point on the Northeasterly line of "Parcel Two" in the Deed recorded in Volume 1016, Official Records,, at page 24, Marin County Records, hereinabove referred to; thence Northwesterly along the Northeasterly line of said "Parcel Two", for a distance of 460.0 feet, more or less, to the most Northerly corner thereof; thence along the Northwesterly line of said parcel, South 51° 27' 18" West 210.Ofeet to the point of beginning. EXCEPTING THEREFROM any portion thereof lying within the boundaries of California State Highway. AND EXCEPTING THEREFROM all that portion conveyed to the Nature Conservancy, a non-profit District of Columbia corporation by deed recorded December 30, 1969, Book 2347, Official Records, page 512, !Marin County Records.