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