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HomeMy WebLinkAboutPlanning Commission 2013-03-26 #2Q1YOF Meeting Date: March 26, 2013 400W ,A4 2.Agenda Item: Community Development Department- Planning Division Case Numbers: ZC12-001�Ll,P12-040 P. O. Box 151560, San Rafael, CA 94915-1560 -�/ � PHONE: (415) 485-3085/FAX: (415) 485-3184 Project Planner: Kraig Ta .� ornini (415) 485-3092 REPORT TO PLANNING COMMISSION SUBJECT: 22-150 Pelican Way, 2505-2597 Kerner Boulevard 85-101 Glacier Way (Bayview Business Park Master Plan Amendment) - Request for a Planned Development District zone change amendment and master Use Permit amendment for the Bayview Business Park light industrial and office complex located on 12.9 acres in east San Rafael; APN: 009-291-15,16,22,23,38,39,42,54,55,56,57,69&70; Planned Development (PD1675) Zone; Bayview Business Park Owners Association, Owner/Applicant; Case Number(s): ZC12-001&UP12-040 EXECUTIVE SUMMARY Planning applications have been filed to amend the current Bayview Business Park Master Plan development, which is located in East San Rafael, between the Shoreline Center and the City of San Rafael Corporation Yard, East Francisco Blvd and San Rafael Bay. The business park consists of a fully built -out light industrial, office and research and development complex comprised of seven (7) buildings on 12.9 acres, totaling 224,509 gross square feet. The buildings are individually owned and common areas are managed by the Bayview Business Park Owners Association. The current zoning standards for this complex (PD 1675 District) require that the City of San Rafael and the Bayview Business Park Owners monitor the total usage of all buildings to ensure compliance with PM peak hour vehicle trip generation rates. This monitoring requirement, which was once standard practice under the policies of the former San Rafael General Plan 2000, is no longer necessary given that the park has been built -out and that the City no longer maintains development based on trip generation rates. Therefore, the City has recommended and th? RRyviPw Buoines- Park owners have agreed to amend the PD 1675 Distrint and Use Permit to memorialize built -out conditions of the park and eliminate the need nor annual tracking and repo,'Ling of trips generated by the mix of office/light industrial uses. The amendment would also reconcile the built - out condition of the business park, which has been built with more office square footage than originally granted under the PD District standards but with a gross building area less than the amount authorized by the PD District. The amendment would memorialize the maximum office square footage allotment for each building, and moving forward the amendment would eliminate the need to track combined usage amongst all of the buildings. RECOMMENDATION It is recommended that the Planning Commission take the following action: 1. Adopt a resolution recommending that the City Council adopt a Negative Declaration as the CEQA Environmental Document for the subject Bayview Business Park Master Plan Amendment project. 9. Adopt a resolution recommending that the City Council adopt revised Planned Development District standards for the Bayview Business Park to eliminate the outdated Trip Generation standards and reconcile the gross building areas and mix of uses. REPORT TO PLANNING COMMISSION - Case No: ZC12-001, UP12-040 Page 2 3. Adopt a resolution recommending that the City Council approve an amended Master Use Permit for the Bayview Business Park to memorialize the built -out mix of office, light industrial and research & development square footages. PROPERTYFACTS 7Addess/Location: Property Size: 22-150 Pelican Way, 2507- 2597 Kerner Blvd & 85/101 Glacier Way 12.9 Acres Site Description/Setting: Parcel Number(s): hborhood: Site Characteristics nation Zoning Designation PD 1675 LI/O LI/O P/OS-WO P/QP 009-251-15, 16, 22, 23, 38, 39, 42, 54, 55, 56, 57, 69 & 70 East San Rafael Existing Land -Use Business Park Light Industrial Light Industry/Office Ponds/Bay 1-580/Sanitation Plant The subject property is a 12.9 acre site comprised of three (3) common parcels developed with nine (9) commercial condominium units in seven (7) buildings. The site is a level parcel comprised of fill placed over former tidelands located in east San Rafael. The common parcels from Francisco Boulevard moving east are Parcel A (3.53 acres) which contains 3 buildings and 5 total condominium units, Parcel B (1.26 acres) with 1 condominium building, and Parcel C (4.83 acres) with 3 condominium buildings. The property has been built -out as a light industrial and office complex. The project is boundE Francisco Boulevard along its westerly boundary, Pelican Way along its north boundary, Ke Boulevard which crosses throughthe proaloe the eastct aalndrunning north and south, City of San northea t and San Rafael Bay directly eastael detention ponds (aka Bayview Lagoon) g BACKGROUND The original Master Plan approval for the Bayview Business Park development (Ordinance PD1474 adopted 1/16/84) approved the following: of Development of 11 in6 000 of gs with research and development); fora total of 244,922 grosssquare feet of office use and 140,192 square square t industrial use (including 3g , feet of building area. These gross building areas were established before floor area ratio tables and trip generation limits were established by the prior San Rafael General 2000. The development permitted by the PD zoning was implemented through grant of related zoning entitlements, ED85-54 & UP 85-65(b). The parking standard at this time was established at 3.3 spaces per 1,000 square feet of office area and 2 spaces per 1,000 square feet of light industrial area. The site had been subdivided from an original land area of 26 acres, which included approximately five - acres of land that extended into the San Rafael Bay. Thus, approximately 21 -acres of land remained inboard of the bay waters; therefore, maintaining development potential. Portions of the site wero further dedicated for use as permanent ponding areas and wetland buffers, resulting in a net developable land area of 12.9 acres. General Plan Project Site: LI/O North: LI/O South: LI/O East: LI/O West: LI/O Site Description/Setting: Parcel Number(s): hborhood: Site Characteristics nation Zoning Designation PD 1675 LI/O LI/O P/OS-WO P/QP 009-251-15, 16, 22, 23, 38, 39, 42, 54, 55, 56, 57, 69 & 70 East San Rafael Existing Land -Use Business Park Light Industrial Light Industry/Office Ponds/Bay 1-580/Sanitation Plant The subject property is a 12.9 acre site comprised of three (3) common parcels developed with nine (9) commercial condominium units in seven (7) buildings. The site is a level parcel comprised of fill placed over former tidelands located in east San Rafael. The common parcels from Francisco Boulevard moving east are Parcel A (3.53 acres) which contains 3 buildings and 5 total condominium units, Parcel B (1.26 acres) with 1 condominium building, and Parcel C (4.83 acres) with 3 condominium buildings. The property has been built -out as a light industrial and office complex. The project is boundE Francisco Boulevard along its westerly boundary, Pelican Way along its north boundary, Ke Boulevard which crosses throughthe proaloe the eastct aalndrunning north and south, City of San northea t and San Rafael Bay directly eastael detention ponds (aka Bayview Lagoon) g BACKGROUND The original Master Plan approval for the Bayview Business Park development (Ordinance PD1474 adopted 1/16/84) approved the following: of Development of 11 in6 000 of gs with research and development); fora total of 244,922 grosssquare feet of office use and 140,192 square square t industrial use (including 3g , feet of building area. These gross building areas were established before floor area ratio tables and trip generation limits were established by the prior San Rafael General 2000. The development permitted by the PD zoning was implemented through grant of related zoning entitlements, ED85-54 & UP 85-65(b). The parking standard at this time was established at 3.3 spaces per 1,000 square feet of office area and 2 spaces per 1,000 square feet of light industrial area. The site had been subdivided from an original land area of 26 acres, which included approximately five - acres of land that extended into the San Rafael Bay. Thus, approximately 21 -acres of land remained inboard of the bay waters; therefore, maintaining development potential. Portions of the site wero further dedicated for use as permanent ponding areas and wetland buffers, resulting in a net developable land area of 12.9 acres. REPORT TO PLANNING COMMISSION - Case No: ZC12-001, UP12-040 Page 3 Construction of the business park started in 1985 and was mostly completed in the 1990's. An amendment to the Master Plan was pursued in 1995 (PD1675 adopted 3/20/95 & UP85-65(c)). This amendment reflected revisions to the build -out and incorporated the Trip Generation standard, to permit 104,000 square feet of office space and 134,000 square feet of light industrial uses in seven (7) buildings, totaling 238,900 square feet. The revised and reduced gross square footage was allocated as follows: Building A - 40,000 Building B - 30,000 Building C - 20,000 Building E - 28,000 Building F - 41,400 Building G - 31,500 Building H - 48,000 Totals: 238,900 The last building addition was completed in 2004. The current PD 1675 (Exhibit 6) included assignment of Trip Generation Rates for the office and light industrial land uses, with a maximum of 442 trips allocated to the site. This trip allocation limit was used to regulate and maintain the mix of uses that would be permissible to achieve the gross Iindustrial duildingarea building area and with 2.65 trips generated per 11000 rips generated per 1,000 gross square feet o g gross square feet of office building area. The currently reported built -out condition for this project is 92,437 square feet light industrial and 132,072 square feet office/research & development, for a total area of 224,509 square feet. The built -out usage mix is as follows: BUILDING LIGHT IND SF OFFICE SF TOTAL SF LAND USE Building A 0 31,594 31,594 Office Building B 18,453 9,676 28,129 Light Ind/Office/R&D Building C 6,593 13,301 19,894 Light Industrial/Office Building E 14,987 13,357 28,344 Warehouse/Office Buildinq F 27,000 9,000 36,000 Light Ind/Office/R&D p ?9,450 29,450 1)ffice BuildingH 32,546 uilding G 18 552 51,098 Light Ind/UTTice/k&D TOTAL 99,579 124,930 224,509 The as -built areas comply with the 442 trip generation limit set by the PD 1675 District Trip Generation standard. However, the total office use building area has increased by over 20,000 square feet, while the total gross building area built in the complex is 14,391 square feet less than the initially approved maximum building area. While the trip generation limit method of regulating development is no longer applied within the City, staff has required the applicant to provide updated trip generation calculations to confirm that traffic impacts related to this development remain within parameters set and studied at the time of adoption of the PD. DKS Associates September 22, 2011 Bayview Business Park Trip Generation Study shows that the built -out project falls 115-156 trips below the original Trip Generation Threshold (see Exhibit 5 - Draft Initial Study/Negative Declaration, Page 21 & Reference Source 4). The trip generation analysis has been reviewed and confirmed by the City Engineer. PD1675 (adopted 3/20/95) also establishes parking rates of 3.3 spaces per 1,000 square feet of office space and 2 spac3s per 1,000 square feet of industrial space. All parking is currently considered to be shared throughout the entire complex. The demand generated from the as -built mix of office and industrial uses is 611 parking spaces. The site currently provides parking for 610 vehicles (which REPORT TO PLANNING COMMISSION - Case No: ZC12-001, UP12-040 Page 4 includes five parking spaces that are required but currently are not striped adjacent to the interior side of Building F). The original parking supply has also been reduced by 5 spaces due to revised handicap striping at Buildings E, F & G required to meet current handicap accessible parking standards. Thus the current parking supply for the Bayview Business Park is "grandfathered" at 615 parking spaces, pursuant to Chapter 14.18 of the Municipal Code. The current parking rate established for office use under the current PD 1675 is also grandfathered pursuant to the provisions of Chapter 14.18. PROJECT DESCRIPTION The project consists of a minor amendment to the existing Master Plan approval for the built -out Bayview Business Park. The applicant requests modification of the existing Planned Development (PD1675) zoning ordinance standards and master use permit to achieve the following: ➢ Update the maximum permitted gross building area and mix of office and light industrial tenant building areas to reflect the current, built -out condition. ➢ Eliminate the Trip Generation monitoring requirement in the current PD and Master Use Permit; which was previously required to control the maximum office and light industrial square footage allowances; and ➢ Memorialize the current Parking Standard for office use. The revision to the current PD1675 development standards has been encouraged by the City Planning Division in order to reconcile built -out conditions, eliminate the need for annual use monitoring (reducing administrative burden on City and BVBP staff), and eliminate the outdated trip generation standard in the PD. No net new development is proposed as part of the project, and all ongoing conditions of the original approvals which are not being amended shall be incorporated into and made a part of the proposed amendment. However, following further discussion with the applicant, staff agreed to round -up the maximum allowable built -out building areas slightly in order to provide a measure of flexibility within the revised building area tables. This change remains consistent with the anticipated development intensity and parking requirements applicable to the site. See Exhibit 3-A (PD Ordinance Attachment) and Exhibit 4 (Master Use Permit, Condition 3) for the maximum gross building areas, with minor adjustment rounded up to intervals of five square feet. ANALYSIS San Rafael General Plan 2020 Consistency: The Light Industry/Office San Rafael General Plan 2020 Land Use designation which is identified in Policy LU -23 and General Plan 2020 Exhibit 11 allows the following land uses; which accommodate the current light industrial, office and research use mix: "Motor vehicle service, contractor uses and yards, light manufacturing, distribution, warehousing and storage, incidental employee serving retail/service, and office use. Specialty retail uses may be allowed to occupy minor portions of the Light Industrial/Office districts provided that intensity and traffic standards are met and the integrity of the district is not threatened." The proposed rezoning and use permit amendments to the Bayview Business Park Master Plan remain consistent with the underlying Light Industry/Office general plan land use classification, and all applicable policies given that there would be no change in the permitted types of uses or intensity of development. 14u change in total building area is proposPri. REPORT TO PLANNING COMMISSION - Case No: ZC12-001, UP12-040 Page 5 The PD Zoning Standards were adopted in 1985, before floor area ratio limits c ere esGenished P within in the City. FAR policies were in place when PD 1675 was amended in 1991. T 20, Policy LU -9, regulates the intensity of nonresiAscaedevelopment ranges from 026 to1o038or r(withtloweFAnensty light industrial and office development, the FR industrial uses allowed to occupy more building area). Typic wasf an iistingfor development e with x oeds floor area ratio limits established by the General Plan 2020, y royal and regulations, the project would bes wo Id subject gt to a 0.30 building AR ual non -conforming, The p der theriginal Plan General allowed up to 43.5 /o office use which Plan 2020. The as -built amount of office 28 exceeds 50% office use, thus would require the maximum allowable building size to be reduced to to The increase in office usage mix must be considered ectal Plan 2020 Given thatghe site based on assure it remains consistent with the current Ge gross developable land area, the increase in office area would remain consistent with thject et floor area ratio dedication of limits; based on the 21 improvements). pro ementof gross s . Staff has area cconcludedted with tthat ithe gis apprinal opriate ate to use the original lands for ponds and levee imp ) land area as the benchmark in considering this an determining to tsitePFAR, and the net 12.9 acres were uses. If this original land area were not included i deemed as the new benchmark, neither this cubrrtheap application General Plan 2000 and included he current amen could comply with the FAR tables established y prior General Plan 2020. Zoning Ordinance Consistency: Amendment to the PD zoning district standards and & 14.22.150).master permit Zo ng be amendments with the Zoning Code processed consistent (Sections 14.07.150/14.27.090 require Planning Commission recommple with the Geneto the ral Plan, and serve he pity Council, and may ublic heath, safety and amendment remains consistent in principle with general welfare (SRMC 14.27.060 Findings). m de d rinci sally that the seto the use rwou dmit aremai grantedy be inaccco d with original hearing body if current findings can be , principally the General Plan and applicable zoning ordinance provisions (SRMC 14.22.080 Findings). istrict udes In the Background section above, it is noted approval for Bayview niness dustrialark usage as oSinDcluded a clap of approval for 104,000 square feet of office. The 00,u00 scaUa,c feet Tor r-ceorch and r+PvPlopment space. The project has been fully built -out with a net reduction in total building area (by approximately 14,000 sf), but with an increase ii total amount OT office space (by approximately 20,000 sf). The amount of research and development space complies with limits anticipated as a part of the PD. No new development is proposed. The amendment would achieve the following: ial a) Memorialize the current mix of office, re 1675 Tand development and Generation and ParkngtStandardsspace that has been built -out consistent with the PD P withinmix of uses and t; and b) Eliminate a requirement to monitor trip g a nationwancfor he project, with3 3 spaces per 1n000 sf of c) Memorialize the "grandfathered parking office use. The amendment would not conflict with the applicable City of San Rafael General Plan 2020 land use plan, or any policy or regulation governing the project site, as discussed herein Trip Generation Rate and Floor Area Ratios The Trip Generation rate standard contained in PD business 5 Thisrugulasenon o gerita rrequi eid of office and light industrial land uses in the bu park development. REPORT TO PLANNING COMMISSION - Case No: ZC12-001, UP12-040 Page 6 practice under the General Plan 2020 Circulation Element policies. All maximum building areas are now strictly regulated through the floor area ratio limit tables established by the General Plan 2020 land use element and Zoning Ordinance Chapter 14.16. The amendment would not conflict with current floor area ratio tables given that the project is built -out and the amendment to the current PD 1675 district standards would not change the originally permitted mix of office, research and development and light industrial land uses (that allowed 104,000 square feet of office and 36,000 square feet of research and development). Gross building area has been consistently reduced through each successive amendment to the PD. "Grandfathered" Parking Demand vs. Supply As discussed in the background section, the project as approved required 615 parking f of light b dusty sed n the parking rates of 3.3 spaces per 1,000 sf of office area and 2 spaces per 1, 0ooarea. The as -built demand is 611 parking spaces; based on 124,945 square feet of office use parked at 3.3 spaces per 1,000 square dfatt2 sbuilding aces perarea, 1 OOOrequiring requ�ing .32 p99 1 gspacesspaces, forand a total of 6,585 11 49 uare of light industrial uses park p (rounded down to 611) parking spaces. The project was built -out with 615 parking spaces provided. A total of five of the required parking spaces were lost due to ADA upgrades made adjacent to several buildings (i.e., at the entrances to Buildings6 E5 F & G). This has resulted in an actual parking supply of 610 spaces and a "grandfathered" supply o spaces; pursuant to the provision of Chapter 14.18 of the Municipal Code. The original 3.3 / 1,000 sf office use parking rate also is grandfathered under the provisions of Chapter 14.18. Thus, the amount of parking provided within the complex has been provided in compliance with PD1675 standard including "grandfathered" parking rights. As noted in the June 25, 2012 letter from Forsher & Guthrie, (included with Exhibit 5 - Initial Study, Source Reference 6) parking counts conducted at the facility indicated that the complex uses up to 375 of the available parking spaces. This was based on car counts taken on two occasions: 11:30 am on Tuesday May 15, 2012, and 2:30 pm on Thursday, May 17, 2012. A total of 375 parked cars were counted on May 15, and 345 parked cars were counted on May 17. These parking countsindica indicate /o the businesses within the complex are using less than 60 of the available supply. Works staff pointed out that the counts did not identify the vacancy rate within the complex at the time the rnunts were taken. Staff visited the site on Thursday February 7, 2013 at 11:30 and Thursday February 21, 201,J at Z:30 to review and confirm the parking count data provided by the applicant. These visits confirmed that the site maintained 605 striped parking spaces, availability for 5 spaces that currently are not striped by Building F, and spaces lost due to ADA upgrades adjacent to Building E, F and G. The site visits revealed that parking was available near each building, and that entire parking rows were not being used within the lots south of Building A, Building B, Building C, and in the parking lot at the end of Pelican Way, east of Building G. See Exhibit 3A — PD District/Site Plan for locations of buildings and parking areas. At the time of staff's site visits the owners association reported that Building A maintained a 6,000 square foot vacancy, with another 3,552 square feet of unused space — proposed for office use - within Building H. The associated parking demand for the vacant/unutilized space is under 40 cars. Based on staff estimates, more than 150 spaces within nevacant. concluded amount of parking provided and the parking complex for this project adequately accommodate the demand, and comply with the Municipal Code. REPORT TO PLANNING COMMISSION - Case No: ZC12-001, UP12-040 ENVIRONMENTAL DETERMINATION Page 7 The Initial Study/Negative Declaration has been prepared in accordance with Section 15063 of the California Environmental Quality Act (CEQA). Zoning amendments (including minor text amendments) do not qualify for any exemption under the CEQA Guidelines and must require preparation of an Initial Study. Thus, the Initial Study/Negative Declaration will serve as the environmental compliance document required under CEQA for the project, any subsequent phases of the project and for permits/approvals required by a responsible agency. The project consists solely of an amendment to remove an antiquated development standard, thus it would not result in further development of the site or require any other permits from other responsible or trustee agencies. The Initial Study/Negative Declaration concludes that the proposed project would not result in any potentially significant impacts. Less -than -significant impacts have been identified in sections "X. Land Use and Planning" and "XVI. Transportation/Traffic" environmental impact categories. The potential impacts have been discussed as related to the proposed changes to the current PD1675 zoning regulations (i.e., the elimination of Traffic Generation rates standard and reconciling of the as -built mix of office and light industrial building areas). CORRESPONDENCE Notice of hearing for the project was conducted in accordance with noticing requirements contained in Chapter 29 of the Zoning. Ordinance.A Notlen theof ublic Marin IJ,ring was 20 calendarled to all days prior theydate of th sowners d occupants within a 300 -foot radius published hearing (Exhibit 9). OPTIONS The Planning Commission has the following options: 1. Approve the applicants as presented 2. 3. 4. A rove the application with certain modifications, changes or additional conditions of approval. PH Continue the applications to allow the applicant to address any of the Commission's comments or concerns Deny the project EXHIBITS 1. Vicinity Map 2. Draft Resolution Recommending Adoption of Bayview Business Park Master Plan Amendment Initial Study/Negative Declaration & Errata Page 3. Draft Ordinance amending Bayview Business Park PD District 4. Draft Resolution amending Bayview Business Park Master Use Permit 5. Initial Study/Negative Declaration, Bayview Business Park Master Plan Amendment, March 6, 2013 6. PD Ordinance 1675 7. Master Use Permit UP 82-65 (c) Conditions of Approval 8. Prior PD Ordinance 1474 & Conditions of Approval (UP 82-65 & ED 85-54) 9. Notice of Public Hearing, March 6, 2013 y p 1 Vicinity ilia (Bayview -Business- Park) �,XF�I�I� fee l 44r' { i r � , u r �J CENTRAL MAIUN SANITATION PLANT 15 I SCALE 1 :6,657 500 0 500 1,000 1,500 FEET N Thursday, March 14, 2013 1:40 PM EXHIBIT 2 RESOLUTION NO. 13 - RESOLUTION OF THE CICOUNCILUNCIL ADOPTION OF A NEGATIVE EL PLANNING COMMISSION RECOMMENDING TO THE CITY DECLARATION FOR BAT 22 0 PELICAN WAESS Y, MASTER KERNER AMENDMENT LOCATED PLANA 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 (ZC12-001 & UP 12-040) to amend the existing Bayview Business Park Master Plan, Planned Development District PD1675 text to update the ordinance consistent with current general plan and zoning provisions and remove antiquated standards, and the Master Use Permit B85 -65(c) conditions of approval to reflect the updated standards and built -out conditions of the project; and WHEREAS, consistent with therements of the City of San a d the provisions of the CalRornaia m Environental Assessment Procedures Manual Environmental Quality Act (CEQA), an Initial Study/Negative Declaration was prepared for the proposed project, which found that the project would not result in a significant effect on the environment; and WHEREAS, on March 6, 2013 a public notice regarding the Negative Declaration prepared for this project was posted at the Marin County Clerk's office, posted on-site in two locations, published in a local newspaper of general circulation in the area and mailed to surrounding property owners within 300 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups pursuant to CEQA Guidelines Section 15072; and WHEREAS, copies of the Negative Declaration were made available for a 20 -day review period by pertinent agencies and interested members of the public, commencing on March 6, 2013; and WHEREAS, on March 26, 2013, the Planning Commission held a duly noticed public hearing on the proposed project and the Negative Declaration, accepting all oral and written public testimony and the written report of the Department of Community Development; and. WHEREAS, the custodian of documents which the Community the Developm t proceedings upon which this decision is based i Department. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Rafael does hereby recommend to the City Council adoption of the Negative Declaration, and Attachment A — Errata (consisting of a minor correction to the IS/MND Page 4), based on the findings that: Exhibit 2 — Adopt Neg Dec March 26, 2013 PC Hearing EXH� 2 a The Planning Commission exercised its independent judg hast ent been conin luatin dthe Negative Declaration and the Negative Declaration conjunction with comments received during the public review period and at the planning Commission hearing. the b Based on review of the whole record before tri, including staff C ff s repot, has initial study and any comments received, project will have a determined that there is no substantial evidence that the p roj significant impact on the enviromne The foregoing resolution was adopted at the regular meeting of the San Rafael Planning Commission held on the 2e day of March 2013. Moved by Commissioner and seconded by Commissioner AYES: COMMISSIONER: NOES: COMMISSIONERS ABSENT: COMMISSIONERS ABSTAIN: COMMISSIONERS SAN RAFAEL PLANNING COMMISSION ATTEST: Paul A. Jensen, Secretary Attachment A — Errata BY: Chair 2 Exhibit 2 — Adopt Neg Dec March 26, 2013 PC Hearing Attachment A - Errata Building, H - 48 000 Totals: 238,900 leted in 90's with the ction of Building A. The Construction commenced in 1985 and was predominate y compect has been builttout ahe t 224,509 square feet; with 99,759 quare feet last building addition was completed in 2004. The prodce use. The mix of light industrial (including 36,000 square feet of res for the p ojecteveloment) and e consistent with the tr,930 square ip generation and parking et of offi, of office and light industrial uses that have been permitted rates established by the PD 1675 tAREAte development. The as -built LAND USE building areas are as follows: BUILDING Office Building A 31,594 g Building B 28,129 Li ht Industrial/R&D/Office Building C 19,894 Light, Industrial/R&D/Office Building E 28,344 Light Ind-Warehouse/Office Building F 36,000 Light Industrial/R&D/Office Building G 29,450 LightIn��ce Buildin H 51 098 Light Industrial/R&D/Office TOTAL 224,509 Parking Demand 167 5 The current mix of office and light industrial development spaces triggers for feet of office space and 2 pacesthe penr 1,000 parking rates. PD1675 (adopted 3/20/95) requires p per 1,000 square to the square feet of industrial space. If the current red b gthe currente of 4 t standards. t ndardsaces per , All parkinsquare feet is currently sconsidered tpbedshared project, 700 parking spaces would be required er spaces on that throughout the entire complex. Based on field verse c �h sn includes an addiof total gtional 5 parking dspacestcalledf for behind Building parking spaces for 610 vehicles is currently proved F that are not currently striped). The current parking supply reflects reductions made to accommodate minand to or site improvements permitted by the City (including removal of spaces near Buildings B and E for placementr the ADA upgrades Buildings Fof ) G and provide additional handicap parking spaces that resulestablishedd in tforl t es � prof 5 ject for 615 parking paces; consistent with the p Thus, he "gr andfathered" parking supplyp J parking supply provided in provisions of San Rafael Municipal as adequate, and ae Section llowss for reduction .240 which orlzes on -s to parking tong meet requirements. compliance with prior zoningregulations repared for oject Environmental Issues: The Initial Study/NegativePlanndDevelopment zoning ordinance adopted fortaideveloped (consisting of an and built -out site) amendment to an the text of an existing Planned D p has been prepared in consultation with local agencies s an with nd i r accordance ordaagencesepursuant to CEQA Guidelinewith Section 15063 of the s Sectio 15060.5 was Quality Act (CEQA). Preapplication consult" of the site or ire any other permits from not needed for this Project, which would not ever, result zoning amendments do notin further tqual qualify as exempt under the CEQA Guidelines CEQA A other responsible or trustee agencies. How g and must require preparation of an Initial Study deemed dNegative a ply to thisnmattertlThus, he initial Study/ NegativveRule Declaration will Guideline Section 15061(b)(3) has not been p an subsequent phases of the project serve as the environmental compliance document required under CEQA for the project, Y and for permits/approvals required by a responsible agency, descibecant impacts. nicnvccinn of jynpacts: The proposed Projectanddand Planningherein " r and not ,XVIsult . potentiallyn any Trransportat on/Trafficlftenvironmental Less -than -significant impacts in sections "X Land osed to the current 75 zoning to scope of changes impact categories have been discussed relative rate standard and as -built mix of off ce and lghtindustria usesulations by the Project, i.e., elimination of Traffic Generation to emove an No E ect Determination Re nest to Auld n It & swift in any further development of the built -out site or require ven that the Project only consists of an anyradditional obsolete development standard, and City Y g ant of a Zoning Ordinance Amendment, a permits from agencies other than the Ci of San Rafael Cit Council through gr No Effect Determination request shall be submitted to the State Department of Fish and Game for this Project. 1400 Fifth Public Noticing: A twenty -day (20 -day) puRafaely shall commence on Development Department, sdU,Planning Division,March 3 Written comments must be sent to the City of San Avenue, San Rafael CA 94901 by Tuesday March eclarat no13. The city of San on Tu sda , March 26 22013Planning PM n theCommission S n Rafaelhold City public hearing on the Initial Study/ Negative D ie)tamborninondcencofsanrafae orn can be delivered to Kraig Tambornini, Council Chambers at City Hall (address listed abo project planner, phone: (415) 485-3092, email: k g. 4 Bayview Business Park Master Plan Amendment Notice of Intent EXHIBIT 3 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 — ZONING, SPECIFICALLY AMENDING CERTAIN REAL PROPERTY FROM PD1675 TO REVISED PD AMENDING ASTER PLAN OF THE BAYVIEW BUSINESS 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 (ZC 12-001) WHEREAS, on January 16, 1984, the Bayview Business Park Master Plan was originally approved (file number Z82-16) by adoption of Ordinance 1474, before the City had adopted floor area ratio and traffic trip generation rate policies, which granted development for a mitigated site plan dated September 16, 1983 for 11 buildings with 104,730 square feet of office use and 140,192 square feet of light industrial use (to include 104,192 square feet of general light industrial and 36,000 square feet of research and development use) for a total of 244,922 square feet, with development standards addressing parking, circulation, trip management, design and other requirements; and WHEREAS, on March 20, 1995, the Bayview Business Park Master Plan was amended (file number Z94-6) by adoption of Ordinance 1675, to establish maximum building sizes within 7 buildings, including 134,900 square feet of light industrial uses and 104,000 square feet of office uses for a maximum total of 238,900 square feet, consistent with the Master Use Permit UP82-65(c) and adoption of trip generation rates allowing a maximum of 442 vehicle trips associated with the development, consistent with the applicable General Plan 2000 policies; and WHEREAS, October 19, 2012, Bayview 40 Bo amend the eusiness Park xisting Bayviewers filed and use permit applications (ZC 12-001 & UP 1 ) Business Park Master Plan, Planned Development District PD 1675 text to update the ordinance consistent with current General Plan 2020 and San Rafael Municipal Code zoning provisions by deleting an out -dated Trip Generation development standard, and to concurrently amend the Master Use Permit B85 -65(c) conditions of approval to reflect the updated standards and the built -out conditions of the complex; and WHEREAS, by adoption of a separate resolution, the San Rafael Planning Commission has recommended that the City Council adopt the negative declaration prepared for the current Bayview Business Park Master Plan Amendment Project as the CEQA environmental document for the project; and WHEREAS, on March 26, 2012, the Planning Commission held a duly -noticed public hearing on the proposed amendments to the San Rafael Municipal Code, Title 14, accepting all public testimony and the written report of the Department of Community bevelopment, and recommended to the City Council the approval of the amendments; and 1 Exhibit 3 — PD Ordinance March 26, 2013 PC Hearing EXH, IB_ NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends to the City Council adoption of t e amendments to the "Exhibit N',based o the San Rafael Municipal Code Title 14, Zoning, as outlined in the attachment following findings as required under Zoning Code Section 14.27.060: 1, The amendments to San Rafael Municipal Code confirm the parking proposing and eliminate an outdated Trip Generation Standard reconcile the built out mix of office and light industrial the Santhin the Bayview Rafael General PBans2020 Park are consistent with the policies and programs in that: a. The Light Industry/Office Sanan� and Plan 2020 Exhibit l Iafael General Plan 2020 n allows Use designation which is identified in Policy LU-23fce and the following land uses that are consistent with thk cu�r/r"Motor g hide serv. e,t industrial,ocofntra for research use mix found at the Bayview Business Par uses and yards, light manufacturing, distribution, warehousing and storage, incidental employee serving retail/service, and office use. �p e°districts provided thaialty retail uses may t intenswety and d to occupy minor portions of the Light Industrial/Of traffic standards are met and the ini gg rand relatety of the d use strict is not threatened." b. The proposed rezouse permit amendments to the Bayview ith Light Business Park Master Plan remain consistent we olciesygigen that theretwouOldlbe ce general plan land use classification, and all applicable p no change in the permitted types of uses or intensity of development. No change in total building area is proposed. C. The PD Zoning Standards were adopted all,1985, f an existingodevelopment (FAR) limits were established within the City. Typically, et was built in exceeds floor area ratio limits established by the General Plan 2020, y conformance with prior policies and regulations, t rowhen PD 1 675be deemwase am e ded m l non- conforming. The current FAR policies wereplace 1995 and incorporated into the current General Plan2020, wou0ld subject it o a 0.30 building /o project approval allowed up to 43.5 office use which FAR. The increase in office usage mix must 5 %red as part of of the gross bui ding area, zoning amendment. The as -built amount of office area exceeds thus would potentially be subject to a lower, land e ased on as ssociatedhe original gross with the original developable land area (i.e., the 21 -acres of gross project prior to dedication of lands for pt al FAR subsegs and levee pently established by the rovements), the current building mix would remain within the poten prior General Plan 2000 and current Generaelated to traffic trip generation r t swith expectations because the FAR tables are closely r 2. The public health, safety and general welfare would reconce served ile exssting as -built tion of the proposed Zoning Ordinance amendments, in thaty conditions, eliminate administrative burden of trackingexisting monitoring an outdated Trip complex in compliance with Generation standard and allow re -tenanting of the g City policies and standards. 2 Exhibit 3 — PD Ordinance March 26, 2013 PC Hearing EXHIBIT 3 The foregoing Resolution was adopted at the alar City of San Rafael Planning Commission meeting held on the 26 day of March, Moved by Commissioner AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS SAN RAFAEL PLANNING COMMISSION ATTEST: Paul A. Jensen, Secretary ATTACHMENT: and seconded by Commissioner Chair Exhibit A — Amendments to San Rafael Municipal Code Title 14 (Bayview Business Park Master Plan) 3 Exhibit 3 — PD Ordinance March 26, 2013 PC Hearing EXH=B_ EXHIBIT "A" BAYVIEW BUSINESS PARK MASTER PLAN INTENT oved for The Bayview Business Pak Master Plan is based on the aster Eplonmental plans nted and and Design Review the Master Use Permit UP82-65(b) and M permit, ED85-54 which were approved by the City Council on December 16, 1985. The Master Plan has been developed to reflect the amende oMorate the entiter Use t Permit 82-65(approviced and Master Design Review Permit (ED85-54) and 1 with the original Planned Development District, PD (1474). Gel LAND USES Uses permitted in Bayview Business £k include -e4 office uses for a maximum total of feet -of light industrial andu)0 ss , 22 Q 224 530 gross square feet of�buildagaTmix usesso aed� fe–u—e ocuby a e.Tie Permit remaining 99,585 ross scluare reel of L11G allvvvu.,-- ilndustrial uses, which may include researehousnn ,dwholesalendistriblut on and other maxi mum of 36 000 ross square feet), war g uses of similar nature as determined by the Plao ind g Direectr. e of and°elated incidental o industrial uses serving retail and services uses and retail uses supp may be permitted., consistent with the applicable in ime P anildin floor area rat s., and ...�,}-oeatien parkingstandards established m this MaA41 llqpq shall beeeftsiqt-fft DEVELOPMENT STANDARDS The following development standards shall apply to all development of the Bayview Business Park. 4 Exhibit 3 – PD Ordinance March 26, 2013 PC Hearing EXH_ I_ B_ 3 Setbacks: Building setbacks shall be consistenttt Mas Master Enith the v ronmental and Deaster site Plan esign Development Plan) approved with th Review Permit ED85-54. Height: Maximum height 36' Maximum Building Size (square feet)gg_gg8 31,595 Building A - .-88&-2-8,,_135 Building B - 3.8 Building C - X088-19 900 Building E - 2 ,OW28 350 Building F - 4", W36,000 Building G - 38-29 450 Building H - 49-889-51 100 Total X88-224.530 Landscaping: Landscaping shall be consistent with the approved Environmental and Design Review Permit (ED85-54) and Iny subse uent amendments. Parkin: Parking shall be provided in accordance with the approved Master Design g Review Permit (ED85-54) or the requa dsshould an e shnts of aamendmepter nt to the City's zoning ordinance TgAii Stanof the d — Parking requirements Master Design Review Permit be requested. a roved for BaLyview Business Park are as follows: 3.3 parking spaces/1 000 ¢rvas sq tare feet of Office space • 2 parking spaces/ 1 000 gross square feet of Light Industrials ace AncillarY use parking shall be rovided rusg the Ch ter 14.1 Rh ¢rent of a use permi or par mk � modification o Adjustments to arkin rates m� „+b� 14 18 Parkinconsidered b Standardslt DESIGN STANDARDS All buildings shall be consistent with the Project Design esi n Review Permitd(ED85in e conditions of approval for the Master Environmental an g 54), and an subse uent amendments. Exhibit 3 – PD Ordinance March 26, 2013 PC Hearing EXHIBIT 3 Exhibit 3 — PD Ordinance March 26, 2013 PC Hearing EXHIBIT "B" Legal Description Situated in the State of California, County of Marin, City of San Rafael and described as follows: GINNING at the most Westerly corner of the property described as "Parcel Two" in BE a corporation to Marin the Deed from Marin Canalways and Development Company, in Volume Company, a limited partnership, recorded Man h h6'intersection of the two Developmente 24, Marin County Records, being of Official Records, at page510 East courses "North 38° 32' 42" West 360.71 feet and Not Two?,1North 380 320 42" We t said Deed; running thence on meridian of said Par 7 feet; thence North 266.6h 51° 27' 18" East 1865 feet; thence Southeasterly in a direct line point on the Easterly line of Tide Land Lot 9 for a distance of 906 feet, more or less, t o a East Section 12, T 1 N, R 6 W, M.D.M., distant LotNors 25, 2 ' i et 4 and 9in said Section 1 m 2) (measured along the Easterly lines of Tide Land Lots from the Northeast corner of the property describe nis recorded September 25, 1957 in in the Deed from Marin Cana ways f Cal and Development Company to the State o Volume 1143, Official Records, at page 185, Marin County Records; thence Southerly alongthe Easterly lines of said Tide Land Lots 9 anddescribed24 for a ant"Parcel Oneance of " the property more or less, to the Northeast corner of the p p y a corporation to Equitable Deed from Marin Canalways and Development Company, 382, Marin Development Company recorded in Volume 1160, Official Records; at "page orth 880 42' County Records; thence along the Norterly lines o Tide Land Lot dl "Parceln Seco n 11; thence along 42" West 660.0 feet to the Easterly line leaving Easterl line North 1° 17' 18" East 138.0 feet; thencmost Northery lcorner of said iond said Y d line, North 51' 14' West 288.0 feet, more or less, to the "Parcel One"; thence along the Northwesterly line o inalof said parcel, `Parrcel One', being a 1048.0 feet, more or less, to the true point of beglnn g d in point on the Northeasterly line of "Parcel Two" in the Deed eed nabo eerefer ed to;ethance Official Records, at page 24, Marin County Records, Northwesterly along the Northeasterly line of said "Parce ri n e"along the Northwesterly, 460x.0 feet, more or less, to the most Northerly corner thereof; point of beginning. line of said parcel, South 51 27 18 West 210.0 feet to the p g EXCEPTING THEREFROM any portion thereof lying within the boundaries of California State Highway. nse AND EXCEPTING THEREFROM all that portion conveyed to Nature eo 30,1969, anon -profit District of Columbia corporation by deed recorded Book 2347, Official Records, page 512, Marin County Records. 7 Exhibit 3 — PD Ordinance March 26, 2013 PC Hearing EXHIBIT 3 EXHIBIT "C" Bayview Business Park — Site Plan ti tj i t1I11ifiil�� � x I.tiui+i4�iiliitii':�I ri�, :P• Point Rd. Borth 8 Exhibit 3 — PD Ordinance March 26, 2013 PC Hearing EXHIBIT 4 RESOLUTION NO. 13 - RESOLUTION SOLUTION OF THE SAN RAFAEL PLANNING COMMISSION AMENDMENT EDING O THE CITY COUNCIL APPROVAL OF A MASTER USE BAYVIEW BUSINESS PARK LOCATED AT 22-150 PE I ARNUAY , 2505-2597 KERNER BOULEVARD AND 85-101 GLA CIE 009-291-15,16,22,23,38,39,42,54,55,56,57,69&70 WHEREAS, October 19, 2012, Bayview Business Park Owners filed zoning and use 't applications (ZC 12-001 & UP 12-040) to amend the existing Bayview Business with ark Master Plan, Planned Developme perms ppnt District PD1675 text to update e ordinance consistent currentg eneral plan and zoning provisions and remove antited standards and buquated standards, d t out conditions the Master Use Permit B85 -65(c) conditions of approval to reflect the upda of the project; and WHEREAS, upon review of the applications, an Initial Study was prepared consistent the requirements of the City of San Rafael Environmental Assessment that the proposed ures Manual with q and the California Environmental Quality Act environmental Gus would not result in significant environmenteviewfeceriod beginni g� on Mach 6, a Negative development Declaration was prepare 26 no 2013e andfor a 20 -day public r P 2013 and ending on March WHEREAS, on March 26, 2013, the San RafaelPlannse ing Permit,macissiocepting elloraluand noticed public hearing on the proposed Zone Change and written public testimony and the written report of the Community Development Department staff; and b ado tion of a separate resolution, the San Rafael Planning Commission WHEREAS, y pdecration prepared for the has recommended that the City Council adopt the negative A environmental document for the Business Park Master Plan Amendment Project as theCEQA project; and p WHEREAS, by adoption of a separate resolution, the San Rafael Planning Commission has recommended adoption of the PD zoning amendment to the Bayview Business Park. NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following findings: Findings (UP05-004) A. The proposed use is in accord with the general planeneral objectives des gnat on and Plannednce, and the purposes of the light industrial and office g P Development district in which the site is located given that it u mess Pa k pursuant pto thetted light industrial and office uses allowed within the Bayview Exhibit 4 —Merits March 26, 2013 PC Hearing ct reduced gross building Planned Development District standards, as amended ith th eex ng and grandfatheredareas and increased allowable office areas, in compliance �'�' eneration standard, with no new parking rates and with elimination of an outdated trip g development proposed. B. The proposed use, together with the conditions applicable thereto, will not be detrimental to theP ublic health, safety or welfare, or materially injuriousen that the project doeslnot propose rovemenany in the vicinity, or to the general welfare of the city ex new or additional development, would reconcile project, and sting limposes new conditionspto previously adopted conditions applicable to the prP p licable zoning assure that the development would remain San compliance with all applicable standards and requirements of the y The proposed use complies with each of the applicable provisions of the zoning ordinance ro C. p p given that the building areas have been reconciled to match ppat 1 able PD standards sand adequate parking supply has been provided in compliance with confirmed as adequate, and no new development would result. Rafael BE IT FURTHER RESOLVED, that the Planning Commission of the City of San recommends approval of the Use Permit subject to the following conditions: Conditions of Approval (UP12-040) Community Development Department, Planning Division permitted and Uses & Buildip Areas Master Use Permit for the 1. This Use Permit approval UP12 040 serves as the ent eand supersedes the riori, amended, lew Business Park light industrial and office developm , Master Use Permit UP82-65. all wable x of ce 2. This Mbased on aster Use Permit approval shall serve to update the thebuilt-outu lconditions lofdthe ht industrial square footage and gross building are and condition 3 below, and eliminate trip project, as stipulated by the PD zoning app roval counting and annual tenant mix monitoring requirements for the project. 3. This Master Use Permit approves development of a maximum allowable 224,530 gross 945 square square feet of building area in the Bayview BusThenee remaining 92,585 may be developed for ss Park. A maximum of 124, feet of space maybe developed for Office use. Light Industrial space. However, no more than 36,000 Rsquare) uses with the remainder of Lig space may be utilized for Research and Development (R& space limited to lower intensity storage, warehouse, wholesale among distribution and similar even (7) buildings on the 12.9 es P The approved building areas and uses shall be dividedg develo able site area, with the maximum areas for each use established at the following acre p limits: Cross Area Office Sq. Ft. Li ht Industrial Sg Ft (& Max R� -2- 31,595 031,595 Building A 9,680 18,455 (with up to 9,100 of R&D) Building B 28,135 6,595 (with up to 2,000 of R&D) Building C 19,900 13,305 13,360 14,990 28,350 Building E 9000 27,000 (with up to 7,900 of R&D) Building F 36,000 0 Building G 29,450 29,450 51,100 18,555 32,545 (with up of 17,000 of R&D) Building H Totals 224,530 124,945 99,585 (with up to 36,000 of R&D) 4. All buildings within the complex maybe utilized entirely square foot ges shall not ex�eed the maximum Office and Research and Developm gross limits specified in Condition 3 above. The maximum allowable Research & transfer the allowable building intens Development from and/or Office square footage maybe adjusted royal. This shall be building one building to another throughtarea table above, and confirm thapgross maximum required to amend the gross bu g allowable floor areas and parking are maintained in compliance with the standards of the PD zoning. in the 5. Ancillary uses permitted under the PD District mayb e establishedapproval, which shall be building areas through grant of an administrative u p l required to confirm that the use complies with rhe use. he e Additional parking shall not be parking provided on-site would be adequate fo required for incidental retail and service uses that the rimary uses on the site, as determined by the City Engineer and/or CommunityDevelopment 6. The applicant may submit documentation the City of for a mael ez ana elle Division that was d request a rescission of a deed restriction that was f permitted but nofor Building E. any 7. Administrative Environmental and Design Review Permit lt approval parking lot configuration or proposed reconfiguration or adjustment of the existing approved 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 require 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 Mitigation 10. All exterior modifications to the site or b trio Development Standards and s shall comply with the the Envdironmental standards specified in the adopted PD district ro alDevelopment Plan). and Design Review Permit ED85-54 site plan app e •g•� P -3- that would significantly alter the approved Development Plan (i.e., site plan adopted 11. Changes September 16, 1983) such as building placement and setback wetland areas shall require a major Environmental and Design Review Permit a 12. The project has been constructed in substantial compliance with the conditions of approval 16. oing established for ED85-54, UP85-64(c) and prior zoning d ag d incorporatedendment 8hereinOagapplicable, conditions of approval have been updated, amen royal. and this approval UP12-040 shall supersede all prior conditions of project app 13. All applicable environmental mitigation measures adopfor Bproject onest Parke June 1983, initial environmental study mitigated negative declarationBayview have been incorporated herein. he er boundary 4. The roject shall maintain a four -foot high vinyl clad cyclone discourage e encroacce within thmen into pond 1 P J of the five foot wide landscape buffer/upland habitat to g areas. Project Design -out of the project.nstrud 15. Design approval has been granted for all 7 buildings f r anycte additions build and modifications to Subsequent design review approval shall be required royals. assure it would result in a design that is compatible with the project app 16. Parking lot lighting shall be designed to shine down a dor them m the highsecuay ty ndCe street traffic as well as away from the pond areas, yet prow ide to the satisfaction of the Police and Fire Departments. 17. Each building shall be subject to environmental and design review, prior to issuance of carry a common permits for construction, exterior alteratlolo on s and building materials. Each additions. Each building building may be architectural theme with use of similar c subject to minor design alterations approved by the Design Review Board and staff. evard 18. No steel overhead doors for the light industrial buildings e aline colorace as the bucisco ild ng siding. Kerner Boulevard. All overhead doors shall be painted 19. TheP roposed decorative posts shall be masonry, wood or stucco to match the other building materials. le 20. All rooftop mechanical equipment shall be enclosed w chitecturally screen that wouldappearance hi nanar g Details of equ pmenp scbeens shall be submitted for review andapproval by the City. 21. Trash enclosures shall be provided and maintained witha common deselevations. Trash constructed sures masonry, stucco, wood trim and trellis top to match building the pond areas and other visually prominent shall be located away from driveway entrances, locations. Trash enclosure details shall be submitted for prior review and approval b the Y City. -4- reline and public 22. Landscaping that has been required and installed for the in good repair and condition access pursuant to approved landscape plans shall be maintained for the duration of the project use. Landscape berms regshall be maintuir a ned to aed and provided along hheight not right of way in compliance with approved landscape plans exceeding 3 feet to provide sight distance at driveways nintersections. tersest ions. Box trees of 24" and 36" shall be utilized in these islands (for any replacement 23. Decorative paving is encouraged at building entrance driveways and parking lot areas connecting the office buildings. 4. A si n rogram for the entire project shall be maintained for the Bayview Business Park. The 2g p program shall have a common design theme throughout t project. 25. The Bayview Business Park Master Use Permit and Development P its d building lan approvals all be valid for the duration of the project use. All existing aapproved improvements shall be maintained in good repair and a condition by the Planning D vishon.se, and any changes shall be subject to prior review anpp t,liVuiu Parking pG o Circulation (Rxistin& ongoing Conditions) for up 26. The project, as proposed, generates demand office use and 2 space spaces light industrial use; applicable PD zoning rates of 3.3 spaces forin whereas capacity for parking of 610 vehicles is currently provident duet and in dudes capacity spaces required to meet handicap accessibility parking req for 5 parking spaces adjacent to the interior side of munedl as adequate t meet peak demand and rear entry doors). The 610 parking spaces shall be este ursuant to the San Rafael for the current mix of office and industrial development; p Municipal Code Chapter 14.18 (Grandfathered Parking). 27. TheP ublic 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 It Pelican oncre eay shall be maintained with an paved path, d with landscaping inviting entrance, minimum 8 -foot wide asphaltic P 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 Shoreline band to secure b ess entrance n rancin t the Pelican Way cul-de-sac and the connection to the Municipal Water District storage yard and protect the pond north of the access path. he bui 29. Parking along the peninsulas adjacent to the ponds, northeast and so y la st of t ng toldi u de shall be reserved for employee parking for the officebuildings. trees of 24" and 36" box size have been required to be planted around the parking lots to provide screening of parked vehicles. -5- fee fr development 30. The project has paid its fair share of traffic mitigation reds as determined by the constructed u ted to date. Additional traffic mitigation fees would be req Engineer, for any further project additions. Public Works Department (Existing & Ongoing Conditions of Approval) Site Grading & Building Design 31. Final finish floor elevations of building additions shall be subject to approval of the City Engineer. lied with at time of building permit issuance for 32. Handicap access requirements shall be comp additions and modifications. 33. An new grading and earthwork for building additions hilreport beo prepared i for the accordance with Y the recommendations of an updated soils and geotechnical p 34. Grading, drainage and foundation plans shall be reviewed and fined by rt shall be neer. All work shall be done under the direction of a soils engineer and a submitted prior to the acceptance of the work orated into the building 35. Methane mitigation measures that have been f the tas deemed necessary for he health designs shall be maintained for the duration of the project, and safety of the building and occupants. Any new bh tproper g�oa edlri°e have measures are all be reviewed by a qualified environmental health professional to ensurep p 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 �'te to the satisfaction of the State ith clean fill material, or l of contaminated material with disposal at an approved s 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 shall be as recommended by a 3 8. Any alterations to the approved storm drainage the s Engineer to assure gradient and soils bCit engineer and subject to review and approval y Y design of storm drain improvements adequately accounts for settlement and preclude methane intrusion. 39. Runoff from improved areas shall be collected and conveyedhe street etrat d onto adjoining by underground conduit and/or sidewalk drains. Drainage shall not be diverted or 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. -6- Sanitary Sewer 41. Sanitary sewer plans for building additions shall be subject to review and approval by the S an Rafael Sanitation District. 42. Modifications to sanitary sewer facilities shall be accommodateand approved by the City Engineer. methane intrusion, as recommended by the soils engineer Agreements & Securities existing agreements and securities made 43. Bayview Business Park shall remain subject to any g g by the applicant with the City of San Rafael. Environmental Health perimeter pondspurpose of 44. Five monitoring wells have been required mater wng ithin in he wells is required to be tested measuring water levels within the fill. The twice a year (starting from January 1, 1984), to ensure that otoxic ground to be prepared by the fill migrates or leaches into the pond areas. The test results arerequired reputable laboratory and submitted to the County Environmentaladditional mitigation in egional Water Quality Control Board for review. If leaching occurs,shall be required of the developer with bonding or other security provided (as determined by the City) to assure implementation. The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the 26th day of March 2013. Moved by Commissioner AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS and seconded by Commissioner SAN RAFAEL PLANNING COMMISSION ATTEST: Paul A. Jensen, Secretary -7 Chair EXHIBIT 5 flA,yVjF,W, BUSINESS PARSMASTERPLAN AMENDMENT 22-156 Pelican Way, 2505-2597 Kerner Blvd, &- 85-101 Glacier Pt. Road, San Rafael, (Marin County) CA 9&70 Assessor's Parcel No. 009-291.-15,16,22,23,38,39,42,54,55,56,57,6 Initial Study/ Negative Declaration Lead Agency: City of San Rafael Community Development Department 1400 Fifth Avenue, (P.O. Box 151560) San Rafael, CA 94915-1560 Contact: 1,:i*aig Tambornini, Scnior planner March 6, 2013 TABLE OF CONTENTS 5 ENVIRONMENTAL CHECKLIST ................................ ...................................................:.................................. ........................................................................ 9 EXHIBITS ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED .................................................... DETERMINATION............................................................................................................................. EVALUATION OF ENVIRONMENTAL IMPACTS.......................................................................................11..................11 I. AESTHETICS.........................................:......................................................................11 .. II. AGRICULTURE AND FOREST RESOURCES..................................................................... III. AIR QUALITY..............................................................................................................................12 IV. BIOLOGICAL RESOURCES....... V. CULTURAL RESOURCES ................................14 VI. GEOLOGY AND SOILS..................................................................I................ VII. GREENHOUSE GAS EMMISSIONS................................................. ........15 """. VIII. HAZARDS AND HAZARDOUS MATERIALS ........................................................'• IX. HYDROLOGY AND WATER QUALITY ......................... .................................. ........................16 X. LAND USE AND PLANNING............................................................ :.........................17 XI. MINERAL RESOURCES ............................................................................................... ..............18 XII. NOISE ............... ,........................................................... :.............................................. XIII. POPULATION AND HOUSING................................................................ XIV. PUBLIC SERVICES........................................................................................... ................19 20 XV. RECREATION................................................................................................................ XVI. TRANSPORTATION/TRAFFIC..................................................................................................20 XVII. UTILITIES AND SERVICE SYSTEMS.......................................................................................21 XVIII. MANDATORY FINDINGS OF SIGNIFICANCE .................................... SOURCEREFERENCES................................................................................................ 24 DETERMINATION FOR PROJECT..................................................................................................I.......:...... n MAYOR ALBERT J. BORO VICE MAYOR GREG BROCKBANK COUNCILMEMBER DAMON CONNOLLY COUNCiLMEMBER BARBARA HELLER COUNCILMEMBER MARC LEVINE DATE: March 5, 2013 TO: Public Agencies; Organizations and Interested Parties FROM: Kraig Tambornini, Senior Planner SUBJECT: NOTICE OF PUBLIC REVIEW AND INTENT TO ADOPT A NEGATIVE DECLARATION `Pursuant to the State of California Public Resources Code and the "Guidelines for Implementation of the _ California Environmental Quality Act of 1970" as amended to date, this is to advise you that the Department of Community Development of the City of San Rafael has prepared an Initial Study on the following project: Project Name: Bayview Business Park Master Plan Planned Development Zoning District Amendment Location: 22-100 Pelican Way; 2505-2550 & 2591 Kemer and 85-101 Glacier Way, San Rafael, Marin County, California, APNs: 009-291-15,16,22,23,39,42,54,55,56,57,e9&7 0. on parcels ed with Property Description: The subject tsrin even is a 12.9 acre site 7 buildings. The site 'prised of three is a level parcel comprised of fill placed over former nine (9) commercial condominium un ( ) tidelands located in east San Rafael. The common parcels, from Francisco Boulevard moving east, are Parcel A and P acres) nits, Parcel B (been built -out ) a light ndom luand office gcomplexc which contains 3 buildings and 5 total condominium uh I condominium The (4.83 acres) with 3 condominium buildings. The property has est boundary, Pelican Way along its north boundary, Kerner Boulevard project is bound by E Francisco Boulevard along its w which crosses through the project generally running north and south, City of San Rafael detention ponds (aka Bayview Lagoon) and San Rafael Bay to the east. Project Description: The project consists of a minor amendment to existing planned development (PD) zoning and use permit approvals granted for a developed and built -out property; Bayview Business Park. The project proposes to modify the existing Planned Development (PD1675) zoning ordinance provisions for the following purposes: ® To update the current gross building areas and the mix of office, research & development and light industrial. tenant -out condition of the business park. This would include an increase in square footage amounts to reflect the built permitted office square footage by approximately 21,000 square feet including permitting occupancy of 3,552 H and reducing the total gross building area for the entire 7 feet of unutilized vacant space located within Building building complex by 14,391 square feet in order to reflect the as -built conditions. • To eliminate the Trip Generation development standard and monitoring requirements of the PD and Master Use Permit that was previously established in order to regulate maximum office and light industrial square footage allowances. This standard is no longer used to regulate development within the City. There is no new development being proposed as part of the project and the existing project conditions shall be reviewed and incorporated into and made a part of the proposed amendment. The project was originally approved for 238,900 gross square feet of building area in 7 structures; square feet of officeh a mix of 0 square feet of light industrial (including with the mix of office and light industrial area square feet of d 104,000 q a babased on the research &development) an as part of the PD district. Maximum areas for each building have been established as follows: tip generation rates adopted Building A - 40,000 Building B - 30,000 Building C - 20,000 Building E - 28,000 Building F - 41,400 Building G - 31,500 Buildin H - 48,000 Totals: 238,900 the 990,s with the ction of Building A. The Construction commenced in 1985 and was predominat was.completed in 2004, The project has been built out a224,509 ssquare feet;iwith a 99,759 square feet feet of last building addition of light industrial (including research & de pro ect are and he trip geerare 36,000 square feetnt on squ and parking that have been permitted for of office and light industrial by the PD 1675 uses to regulate development. The as -built building areas are as follows: rates established AREA LAND USE Office Building A 31,594 28 129 Light Industrial/R&D/Office Building B 19,894 Light Industrial/R&D/Office g Building. C 28,344 Light Ind-Warehouse/Office Building E 36 000 Light Industrial/R&D/Office Building F Building G 29,450 Light Industrial Li ht Industrial/R&D/Office Buildin H 51 098 TOTAL 224,509 Parking Demand spaces based on the PD 1675 The current mix of office and light industrial development triggers a demand fo'feet of r 611 parking p parking rates. PD1675 (adopted 3/20/95) requires 3.3 ate spaces 4 spec 1,000 ,0 0square 1 000 square feet oif office space wece space. and 2 pe applied to the square feet of industrial space. If the current parking to be shared project, 700 parking spaces would be required verification of total parking spaces provided on site, by the current standards. All parking is currently considered has ident identified that throughout the entire complex. Based on field ti� spaces behind. parking spaces for 610 vehicles is currently pede siradeto a ommodat mior Building F that are not currently striped). The current parking supply efeseduct ins m emoval'of spaces near B and E for of equipment) and to improvements permitted by the City (including rresulted in total loss of 5 spaces or he ADA upgradestat Buildings F, G and provide additional handicap parking spaces thatspaces; consistent with the E. Thus, the "grandfathered" parking supply established for the project is for 615 parking p provided in provisions of San Rafael Municipals ,0 which ginsupplyir compliance with prior zoning regulations as allows for rductioninon on-site parking o meet ADA requements. tive repared for roject Environmental Issues: The Initial Study/NeaDevelDeclaration ment zoning document ordinance adopted forts developed and built -out site) g of an amendment to an the text of an existing PlannedP ntal has been prepared in consultation with localconsultation ionles and in accordance with Section 15063 of the with other agencies pursuant to CEQA Guidelines 1Se tion 15060.5 was Quality Act (CEQA). Preapplication cons not needed for this Project, which would notresult zonng amendments do notin further tqual qualify as exempt f the site ander he CEQA Guidelines other responsible or trustee agencies. However,e General e under and must require preparation of an Initial Study Negative g stion to proceed.Thus, the Init 1Sudy/ NegatiRvelDeclatation wQill Guideline Section 15061(b)(3) has not been deemed toapply to himatter. serve as the environmental compliance document required under CEQA for the project, any subsequent phases of the protect and for permits/approvals required by a responsible agency. lly significant impacts Discussion ofjmpacts: The proposed Project described herein would are result 1XVII Transportation/Traffic?'n any environmental Less -than -significant impacts in sections X. Land Use and Planning" " impact categories have been discussed relative ate standard and as bto scope of changesrupt ma off office and lightindustrial usegulations by the Project, i.e., elimination of Traffic Generation r to remove an No E ect Determination lte acest to Ca Fish & result ui an Given further development of the built out site or require ny additional obsolete development standard, and would not res Y permits from agencies other than the City of baited to hafael ity e St t Department of Fish and Gameun . il through grant of a Zoning forhis Project. a No Effect Determination request shall be Public Noticing: A twenty -day (20 -da public review period shall commence on Wednesday,- March 6, 2013.anning Division, 1400 Fifth comments must be sent to the City of MarcRafaeh 26 013. Communityhe City of Saevelopment n Rafael ePlanning commission will hold a Avenue, San Rafael CA 94901 byesday March 26, in the San Rafael City public hearing on the Initial Study/ Negative Declaration en Tuesdgy, Correspondence and comment Ocan be delPM ered to Kraig Tambornini, Council Chambers at City Hall (address listed abov) p project planner, phone: (415) 485-3092, email: kraig.t Lmbomini@ctofs afael.org. 4 Bayview Business Park Master Plan Amendment ENVIRONMENTAL CHECKLIST 1. Project Title 2. Lead Agency Name & Address Bayview Business Park Master Plan Amendment City of San Rafael Community Development Department Planning Division 1400 Fifth Avenue (P.O. Box 151560.) San Rafael, California 94915-1560 3. Contact Person & Phone Number Kraig Tambornini, Senior Planner Phone member: (415) 485-3092 Email: krait tambornini@cityofsanrafael.or9 4. Project Location The site is located in the City of San Rafael, Marin County, California in east San Rafael, east of US 101, west of Richardson/San Pablo Bay at the intersection of Pelican Way and Kerner Boulevard, Assessor's Parcel Nos. 009-291-15, 16, 22, 23, 38, 39, 42, 54, 55, 56, 57, 69 & 70 (Refer to Exhibit A, "Vicinity Map"). 5. Project Sponsor's Name & Address 6. General Plan Designation 7. Zoning S. Description of Project: Project Sponsor: Bayview Business Park Owners o/o Rebecca Cranford, McAvoy Mgmt PO Box 1269 Novato, CA 94948 Sponsor's Representative: Same as above Light Industry/Office PD 1675 (Bayview Business Park Light Industrial and Office) Approved and Built Out Floor Areas The project consists. of a minor amendment to the existing Planned Development District zoning and use permit approvals for a developed and built -out property. No net new development is proposed as part of the project, and all ongoing conditions of the original approvals which are not being amended shall be incorporated into and made a part of the proposed amendment. The existing Planned Development (PD 1675) zoning ordinance provisions are proposed to be modified for the following purposes: o Update the current permitted mix of office, research & development and light industrial tenant square footage amounts to reflect the built -out condition. A Eliminate Trip Generation monitoring required in the PD and Master Use Permit; which were previously required to determine maximum office and light industrial square footage allowances. Environmental Checklist Form 5 Bayview Business Park Master Plan of The project was approved for 238,900 gross square feet of building area & development) witnd h a mix square35,fe00 P J squet are feet of light industrial (including 36,000 square feet o research generation of offices ace. The current PD 1675 regulates the mix of office maxind mum areastfor each building established as P rates that have been adopted as part of the PD district, with m follows: 40,000 Building A - Building - 30,000 Building C - 20,000 Building E - 28,000 Building F - 41,400 Building G - 31,500 Building H - 48 000 Totals: 238,900 's with Construction commenced in 1985 and was predominately correct ero the proposes to elmnate the trip gene ation ratesion of g, A. The last building addition was completed in 2004. The prof p P which are out of date and no longer used to regulatedevelopment. that the, industrial usage. The mix of usesroject approvals a required wowed for business park provide an annual report of its mix of office andand light d use permit to maintain ongoing compliance with parking each building would be established through the amende demand and supply, which is discussed further below. ht al ing The project has been built. out at 224,509 square feet; with a09s7uare59 gfe t of office usuare feet of ge. The mix lof(office and P J q p generation rates and 3.6,000 square feet of research &development -R&D) and 124,93 light industrial uses that have been permitted he r the 1675 tproject regulate developmentsistent ) The remain con as -built building areas are parking standards that were established by as follows: Office Sg. Ft. Light Industrial Sa Ft (Max R&D) Gros -31,595 0 Building 31,595 18,455 (9,100 R&D) Building B 28,135 9,680 19,900 13,305 6,595 (2,000 R&D) Building C 13,360 14,990 Building E 28,350 27,000 (7,900 R&D) Building F 36,000 4 29, 29,450 29,450 0 Building G 18,555 32,545 (17,000 R&D) Buildin H 51,100 99,585 (36,000 R&D) Totals 224,530 124,945 are footage by 14,391 The re feet condition has resulted in a reduction in the total allowable gross buildingea bqua proximately 21,000 square feet previously permittedmand an would memorialize the incase in rease n offimi ce are, itted office in gross building area, and square feet. The amendment w pen -nit occupancy of existing built and vacant space in Building H. No additional development is proposed. Parkinspaces per The current PD 1675 district establishes a parking rate of 3.3 ons stent withOhe parking square tof ordinance ce that was pace and spaces per 1,000 square feet of industrial space. This rate is is shared effect when the original PD zoning was established for the i ed t te. Thebuild�oparknu hes to as origi nally proposhout the ed. complex. A total of 615 parking spaces would have been required Parking spaces have been provided for the current mix of office ed d to light comply with ustrial eADA accessible. parking s in accordance with the P g P 1 provided has been PD standards. However, the currently pig supply p standards,and the site currently provides capacity for 610 Pae not currently sOtriped adjacent t , he inted 5 rior side includes parking for 5 vehicles that currently are required ut ar of Buildin F. The "grandfathered" parking amount for the complex is 615 parking spaces; based on a total net g Bayview Business Park Master Plan Environmental Checklist Form reduction by 5 parking spaces that occurred adjacent to Building's E, F and G in order to provide compliant ADA accessible spaces. If the current San Rafael Municipal Code (SRMC) Chapter 14.18 parking standards were applied to the built -out project, the parking demand would'be increased to 700 spaces (based on the higher office parking rate of 4 spaces per 1,000 square feet). However, use of the historic parking rate established by the PD 1675 standards is compliant with the -San Rafael Municipal Code Section 14.18.240 (Grandfathered parking) provisions which state; A) a legal use of land shall not be considered nonconforming solely because of lack of off-street parking prescribed in Chapter 14.18, and B) the number of existing spaces may be reduced to achieve compliance with disabled parking requirements. Additional parking in compliance with current standards may be required for expansions and enlargements. The disabled parking current standardquire increase zone). n s mentioned above, several spaces this 14 feet to 17 feet in width (to allow for a 9 foot standard space and 8 foot g change in the disabled parking standards accounts for the current reduction in the amount of parking required for the site by 5 parking spaces. The project does not propose an expansion of building area, and staff hasdetermined District and SRMC Sece parking t n ed on-site would be in compliance with the provisions of the current PD 16 75 14.18.240 discussed above. Therefore, the project would not require a parking modification in order to continue using the historic parking rate for its built -out condition. Nevertheless, staff requested that parking counts be taken for the project to determine whether there were any parking constraints realized on-site. Forsher + Guthrie were hired to conduct this study, and conducted counts on two occasions: at 11:30 am, Tuesday May 15,.2012 and 2:30 pm 6n Thursday, May 17, 2012. These counts documented that 375 spaces of the 605 striped available spaces were being utilized. Staff visited the site at 11:30 am on Thursday, February 7, 2013 and again on Thursday February 21, 2013. The site visit confirmed the amount of parking provided on the site and that the counts presented by Forsher + Guthrie appear to reflect actual usage and accommodates the demand of the complex. It should be noted that at the time the counts were taken, Building A reported vacancy of 6,000 square et of office space and Building feH maintains 3,552 square feet of unused office space; equating to demand for 33 ed parking spaces observed on the site, the supply appears adequate for parking spaces. Given the available unus even with the current vacancy amounts considered. demand of the multi -tenant business park Review of Prior Develo ment and Environmental Review An Initial Environmental Study/Mitigated Negative Declaration was prepared for the Bayview Business Park Development, at Francisco Blvd & Pelican Way (AP#9-290-31) in June 1983.1 According to this initial study the Project site originally encompassed 26 acres of land located along the shoreline in East San Rafael, which extended from Francisco Blvd East to the San Rafael Bay. Although once a mudflat subject to tidal action, 18 of the 26 acres had been filled some 15 to 20 years prior to elevations +7 MSL, and was formerly a dump site operated by San Quentin Disposal. The City had also approved four use permits between 1981 and 1983 for stockpiling and fills on the property. The site was developed prior to adoption of General Plan 2000 (CC Resolution 7771, July 18, 1988), but in compliance with a June 1982 East San Rafael Wetlands Mitigation Plan that allowed partial filling and development of seasonal wetlands with preservation and enhancement of annual wetlands and ponds. The land area developed as the business park includes Parcel 1 (4.461 acres) and 2 (8.482 acres) as shown on Parcel Map PM 22 50 dated December 1984. Another 7.8 acres of land consist of marsh and seasonal wetland subject to US Army Corps of Engineers jurisdiction, and the shoreline levee. These lands are identified on PM 22 50 as Parcel A (2.089 acres), Parcel B (6.270 acres) and Parcel C (0.194 acres) ponding areas that were dedicated the City of San Rafael in 1984, and Parcel D which was to be deeded to the nature conservancy (levee and shoreline path parcel). The development has been subject to use permits and amendments to the ordinance primarily monitoring the amount of office development built within the business park (reference to project file's ZC94-6, PD1474 & PD 1675). 1 Initial Environmental Study/Mitigated Negative Declaration (Bayview Business Park) prepared June 1983 Environmental Checklist Form 7 Bayview Business Park Master Plan Memorandum to the file dated December 19, 1999 from Bob Brown, Community Development Director, noted A 000 square feet of office space with the remainder that the current PD 1675 (as amended 3/20/95) allows 104,E 10 so as not to exceed the 442-ppak -hour beinli ht industrial uses and total building area of 238,900 square feeesponsibih'ty for tracking and trips allocated to tsubmitting g he proper The business park ownership maintains the annual review of total office space development. During and reporting to the cityofttalooffice pace ownership of buildings was transferred e individual owners, p developed in the project ceased. Entitlements were also granted0,236s square foot office building; which exceededuadra-med Building A to be the p on the remaining undeveloped portion of the site, as a 30,23 q original split assumed for this building but which remained under basis assuming104,000 that thefownership management g p office space. Office space allocation was granted on a first-come in was monitoring the land use split (required pursuant to Articlesul d intBu a ng H not be g able t realize its the commercial condominium development). However, this rare feet of original allocation for up to 15,000 square feet of office spaced, e s� ri d t6, Building H would be permitted to 783 squ g remaining for the development. To rectify this inequity, it was given that, a) 25% office is allowed as part of a light build -out its original 15,000 square foot office allowance industrial use and b) the traffic generated by the Bayview Business Park was less than the 442 peak hour trips. dum, due to lack of per reporting by the ownership and monitoring by the City, Subsequent to this Memoran the individual tenants have secured permits created office spacethat emorandum) However, original h nn permitted office use mix allowed by the PD (as modified by the December 199 f the PD. in er to dress the ds o remained compliant with the Trip Generation and Parking standared with the business park asso iation to address land use mix an amendment to the PD is necessary. Staff has worked this .b eliminating the out of date Trip Generation standard and monitoring requirement and memorializing the Y current FAR as a reasonable and appropriate land use mix. Zoning Entitlements Required e allowable PD Rezoning Amendment: Amend Development ndSuan saand delete Trip Generation ratesix of Office and light industrial 1 it Amendment: Amend the allowable mix of office/Re conditions of approvalpment and sght for Master Use Perm Industrial uses and re -adopt ongoing and new Bayview Business Park. Other Public Agencies Whose Approval Is Required None. Thero'ect would not require any additional permits from agencies other than the City of San Rafael City P J Council -through grant of a Zoning Ordinance Amendment. ry Project. Bayview- Business Park Master Plan Environmental Checklist Form ExHIBIT Vicinity Map FAPD-1 s�o CENTRAL MARIN P/QP SAMA'TION PLANT P/OS Figure I - Bayview Business Park Vicinity Map (1895) NX cA4 (1895) LI/O i W 1i Environmental Checklist Form 9 Bayview Business Park Master Plan ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ ❑ Biological Resources ❑ ❑ Greenhouse Gas Emissions ❑ ❑ Land Use / Planning ❑ ❑ Population / Housing ❑ ❑ Transportation / Traffic ❑ Agriculture Resources ❑ Air Quality Cultural Resources ❑ Geology /Soils Hazards & Hazardous ❑ Hydrology / Water Quality Materials Mineral Resources ❑ Noise Public Services ❑ Recreation Utilities / Service Systems ❑ Mandatory Finding of Significance Discussion: No environmental factors would be potentially significant as a result of this Project. DETERMINATION On the basis of this initial evaluation: ® I find that the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at lest one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets: An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an EARLIER EIR or NEGATIVE DECLARATION pursuant to applicable legal standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ig Tambornini, Senior Planner Sign re Environmental Checklist Form 10 3- 4 c Date Bayview Business Park Master Plan EVALUATION OF ENVIRONMENTAL IMPACTS ist below Pursuant to the general concepts found ion the CEQA Guidelines isPro Prion oject, which is s s bje and 06t , the CEQA, would uld have has been used to determine whether the activities related J potential, significant environmental effects and to the CEQA Guidelines, ify ways to dentdinoluding Appendix revent or l G t1Eva1 ation of environmental damage. Further, in compliance with Q on Environmental Impacts, a determination of No Impact indicate that, material) ittise learly evident that the Pr nature of the proposed Projject and/or its Project Description (including all referenced plans would not have any significant physical effect on environment viro the of No act cImpact igonot minry an ade or readily further discussion is warranted or necessary. Where determined based on the Project's nature and/or its. Project Description, a discussion of the environmental impact category has been provided. Less -Than- Less -Than- No Potentially Impact Significant Significant With Significant p Impact Mitigation Impact Incorporation I. AESTHETICS Would the project: a. Have a substantial adverse effect on a scenic ❑ vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c. Substantially degrade the existing visual character or quality ' of the site and its 0 surroundings? d. Create a new source of substantial light or glare which would adversely affect day or El nighttime views in the areae II. AGRICULTURE AND FOREST RESOURCES Would the project: {In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland.} In determining whether impacts to a forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of Fol F U ❑a L E �4 ►/ W1 �J Environmental Checklist Form 11 Bayview Business Park Master Plan forest land, including the Forest and Range Assessment Project and the Forest Legacy forest carbon assessment Project; and measurement methodology provided in Forest Protocols adopted by the California Air Resource Board. Convert Prime Farmland, Unique Farmland, a.' or Farmland of Statewide Importance (Farmland), as shown on the maps prepared ❑ ❑ ❑ pursuant to the Farmland Mapping and of the California Monitoring Program Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural ❑ ❑ ❑ use, or a Williamson Act contract? c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 122200), timberland (as defined by Public Resources ❑ ❑ Code section 4526); or timberland zoned Timberland Production (as defined by Government Code section 511104(g)) d. Result in the loss offorest land or conversion ❑ ❑ ❑ of forest land to non forest use? e. Involve other changes in the existing environment which, due to their location or ❑ nature, could result in conversion of ❑ ❑ Farmland, to non-agricultural use or conversion of forest land to non forest use? III. AIR QUALITY Would the project: a. Conflict with or obstruct implementation of ❑ El El the applicable air quality plan? b. Violate any air quality standard or substantially to an existing or El El projected air quality violation? c. Result in a cumulatively considerable net for which the increase any criteria pollutant project region is non — attainment under an ❑ applicable federal or state ambient air ❑ quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Environmental Checklist Form 12 Bayview Business Park Master Plan d. Expose sensitive receptors to substantial El pollutant concentrations? e. Create objectionable odors affecting a substantial number of people? ❑ IV, BIOLOGICAL RESOURCES Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or ❑ regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regithe onal policies, regulations or by California Department of Fish and Game or US Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal ❑ pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d. Inteifere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or El impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or El ordinance? f.conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other ❑ approved local, regional, or state habitat conservation plan? Environmental Checklist Form ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ • ❑ 13 Bayview Business Park Master Plan V. CULTURAL RESOURCES Would the project: Cause a substantial adverse change in the ❑ a. significance .of a historical resource as ❑ defined in x'15064.5? b. Cause a substantial adverse change in the ❑ significance of an archaeological resource ❑ pursuant to §15064.5? c. Directly or indirectly destroy a unique paleontological resource or site or unique ❑ geologic feature? d. Disturb any human remains, including those ❑ interred outside of formal cemeteries? VI. GEOLOGY AND SOILS ❑ Would the project: a. Expose people or structures to potential ❑ substantial adverse effects, including the risk of loss, injury, or death involving: ❑ i) Rupture of a known earthquake fault, ❑ as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on El other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ iii) Seismic related ground failure, ❑ including liquefaction? iv) Landslides?' ❑ b. Result in substantial soil erosion or the loss ❑ of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on, or off, site landslide, lateral spreading, subsidence, liquefaction or collapse? Environmental Checklist Form ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ [�to ❑ ❑ ❑ ❑ ❑ ❑ 14 Bayview Business Park Master Plan d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code ❑ (1994), creating substantial risks to life or property? e. Have soils incapable of tic adequately tankat l y septic supporting the use of ❑ alternative . wastewater disposal systems where sewers are not available for the disposal of wastewater? VII. GREENHOUSE GAS EMMISSIONS Would the project: f. Generate greenhouse gas emissions, either directly or indirectly, that may have a F] significant impact on the environment? g. Conflict with an applicable plan,. policy or regulation for the purpose of reducing the ❑ emissions of greenhouse gases? VIII. HAZARDS AND HAZARDOUS MATERIALS Would the project:_ Create a significant hazard to the public or EJ a. the environment through the routine ❑ transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions hazardous materials ❑ involving the release of into the environment? c. Emit hazardous emissions or handle hazardous materials, hazardous or acutely substances, or waste within one-quarter mile ❑ of an existing or proposed school? d. Be located on a site which is included on a compiled list of hazardous materials sites Government Code ,Section pursuant to 65962.5 and, as a result, would itcreate ❑ Significant hazard to the public o the environment? For located within an airport land ❑ e. a project ❑ ❑ ❑ ❑ ❑ ❑ EJ ❑ ❑ 0' ❑ ❑ ❑ ❑ ❑ ❑ �] ❑ ❑ Environmental Checklist Form 15 Bayview Business Park Master Plan use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety. FJhazard for people residing or working in the project area? g. -Impair implementation of or physically interfere with an adopted emergency ❑ response plan or emergency evacuation plan? h. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? IX. HYDROLOGY AND WATER QUALITY Would the project: a. Violate any water quality standards or waste ❑ discharge requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., E] production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in F] substantial. erosion or siltation on- or off- site? d. Substantially alter the existing drainage pattern of the site or area, including through ❑ the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which ❑O ❑M N FNI NO ul INK IK ED X 8 0 1 4 ►1 ON 16 Bayview Business Park Master Plan Environmental Checklist Form would result in flooding on- or off- site? e. Create or contribute runoff water which would exceed the capacity of existing or or ❑ .planned stormwater drainage systems of ❑ provide substantial additional sources polluted runoff? f. Otherwise substantially degrade water ❑ ❑ ❑ quality? g. Place housing within a 100 year flood on a federal Flood El area as mapped Boundary or Flood Insurance Rate EJ El Map or other flood hazard delineation map? h. Place within a 100 year flood hazard area ❑ ❑ structures which would impede or redirect ❑ flood flows? i. Expose people or structures to a significant risk of loss, injury or death involving including flooding as a result of the ❑ ElEl flooding, failure of a levee or dam? Inundation by seiche, tsunami, or mudflow? ❑ [] ❑ j. X. LAND USE AND PLANNING Would the project: F1 El Ela. Physically divide an established community? b. Conflict with any applicable land use plan, policy, or regulation of an. agency with jurisdiction over the project (including, but ® El not limited to the general plan, specific plan, ❑ ❑ local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat ❑ conservation plan or natural community ❑ ❑ conservation plan? Disc_ u The Site is designated Light Industry/Office on the City of San Rafael General Plan 2020 Land Use Map; LU -23. Off prepared and referenced under General Plan Policy lows the folllowing land userGe land use category identified in Policy LU -23 &General Plan 2020 Exhibit 1 Environmental Checklist Form 17 Bayview Business Park Master Plan sing "Motor vehicle service, contractor uses and yards,light and officeruse� Specialty retail uses unray and storage, incidental employee serving retail/service, be allowed to occupy minor portions of the Lighth dustrict o not thre ce rias provided that intensity and traffic standards are met and the integrity of is ulate the The Tri Generation rate standard that has been established ipark a the Delo m development isnobeing ger requi ed under the P mix of office and light industrial land uses in the business p the standard is out of date and does not reflect cui rent General Plan 2020 circulation element policies. Further, _ Intensity f Non tri generation rates. Maximum building areas are regulatedlimtsrfor seecifiral c landluse categories. General Plan p Residential Development, which establish floor area ratioffice 2020 Exhibit 4 establishes a sliding floor area ratio for fight menta The gross building areas were established ranging from 0.26 to 0.38 FAR for light industrial/office pwhich based on the original 1985 PD zoning enacted for the site and eprioor eto adopdt�ioe �of ubdivided from an original adopted the current floor area ratios applied within the City. Th p p m' . land area of 26 acres, including land that extended to the San Rafael Bof the proay and ject, port oDns of the lsite were estimated 21 acres of land were located inboard e the bay. P dedicated for use as permanent ponding areas and wetland buffers, with a net developable land area of 12.9 acres. The current PD results in a 0.425 floor area ratio for office and light industry development based on Zd38d,900 0 oso£ square feet of building area and net 12 T acres of develarea ratio would lte area remaining (following be 0.26 f calculated based on the original 21 ponding area and shoreline band parcels). The floor a acres of land that are located inboard of the bay (prior to dedication of land for ponds and levee trail in permitted improvements). The amendmce area ent proposed to.the PD 1675 would in recognize ose building areaby approximately 114,390 P (by approximately 21,000 square feet) and the net reductionggh the d square feet (from 238,900 gross square feet to approximately 224,510 s q r oee feet). Althe developmentmix thou exceeded the mix of uses discussed under the amended PD 1675 remains in compliance with the PD1675 trip generation and parking standards. in an. intensification of land Based on this discussion, staff has determined that the amendme and would not conflic with the apt pl cable C ty use, parking or traffic generation based on its built -out condition of San Rafael General Plan 2020 land use plan, or any policy or regulation governing the project site. XI. AIINERAL RESOURCES Would the project: a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally -important mineral resource recovery ❑ site delineated on a local general plan, specific plan or other land use plan? XII. NOISE Would the project: a. Exposure of persons to or generation of ❑ noise levels in excess of standards established in the local general plan or noise Environmental Checklist Form ❑ ❑ Z ❑ ❑ ❑ ❑ 18 Bayviezo Business Park Master Plan ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of ❑ excessive ground borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above F1 levels existing without the project? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity ❑ above levels existing without the project? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project ❑ expose people residing or working in the project area to excessive noise levels? f.For a project within the vicinity of a private airstrip, would the project expose people ❑ residing or working in the project area to excessive noise levels? XIII. POPULATION AND HOUSING Would the project: a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or ❑ indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating the construction of E] replacement housing elsewhere? Discussion' c. Displace substantial numbers of people, ❑ necessitating the construction of replacement housing elsewhere? XIV. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of Environmental Checklist Form ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ . ❑ 19 Bayview Business Park Master Plan new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a. Fire protection? b. Police protection? C. Schools? d. Parks? e. Other public facilities? XV. RECREATION ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Would the project: a. Increase the use of existing neighborhood and regional parks or other recreational . facilities such that substantial physical ❑ deterioration of the facility would occur or be accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities, which might have an .adverse El physical effect on the environment? XVI. TRANSPORTATION/TRAFFIC Would the project: a. Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant component of the circulation system, including but not limited to intersections, streets, highways, and freeways, pedestrian and bicycle paths, and mass transit)? b. Conflict with an applicable congestion management program, including, but not limited to level of service standards and ❑o FNI '1 En I /1' ON 20 Bayview Business Park Master Plan Environmental Checklist Form travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels in ❑ ❑ ❑ or a change in location that results substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or❑ intersections) or incompatible El Eldangerous uses (e.g., farm equipment)? e. Result in inadequate emergency access? ❑ ❑ ❑ f. Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise ❑ ❑ ❑ decrease the performance or safety of such facilities? Discussion: As discussed in Section X "Land Use and Planning,, above, 104;000 square feet of office and 36,000 square feet of research and development space was approved for the Bayview Business Park. Approximately 125,000 total square feet of office and 36,000 square feet of research & development use have been permitted within the project, with the total build -out of 224,509 gross square feet in the project. Although the permitted mix of office has exceeded the amount specified in the prior 1985 PD amendment, the intensity of development complies with the PD 1675 Trip Generation and Parking development standards. The amendment would memorialize the current mix of office, research and development and light industrial space. No new development is proposed as part of the project. The Bayview Business Park PD 1675 assigned a trip generation rate with a maximum of 442 trips allocated to the site. DKS Associates, September 22, 2011 - Bayview Business Park Trip Generation Study, San Rafael, CA has concluded that the currently proposed and built -out condition would generate 327 PM peak hour trips based on City trip rates (and 286 by the ITE rate); thus, 115-156 fewer than projected. The November 5, 2012 Memorandum from Kevin McGowan, Assistant Public Works Director/City Engineer confirms that the ITE Trip Generation (8"' Edition) rates are below the 442 trips anticipated for the site. No additional mitigation fee would be required for the project given that it does not result in any increased development intensity. Mitigation fees are the primary means for collecting fair share contribution of anticipated development. es Anticipated build out for the area have been notaccounted conflict with an applicable plant ordinance in or policyaestablish�ng the project site. Thus, the Project would measures of effectiveness for the performance of the circulation system. XVII. UTILITIES AND SERVICE SYSTEMS Would the project: a. Exceed wastewater treatment requirements ❑ ❑ of the applicable Regional Water Quality Environmental Checklist Form 21 ❑ . Bayview Business Park Master Plan Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the ❑ ❑ construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of ❑ ❑ which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded ❑ ❑ entitlements needed? e. Result in a determination, by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected ❑ ❑ demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate the ❑ ❑ project's solid waste disposal needs? g. Comply with federal, state, and local statutes ❑ ❑ and regulations related to solid waste? XVIII. MANDATORY FINDINGS OF SIGNIFICANCE Would the project: a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or ❑ animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually limited, but cumulatively ❑ considerable? ("Cumulatively considerable" 1-1 701 C 0 701 0 a 1/ 1 /1 04l N GO // Environmental Checklist Form 22 Bayview Business Park Master Plan means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, . the effects of other current projects, and the effects of probable future projects)? C. Does the project have environmental effects which will cause substantial adverse effects ❑ ❑ on human beings, either directly or ❑ indirectly? lt in any As indicated by the answers provided in the above acts in sect onthe s Xe Land JUse, and Planning ect would not uand XVI. potentially significant impacts. Less -than -significant i p Transportation/Traffic environmental impact categorieshave roject,een li.e., eh m nassed as tilon of TrafficsGeneration arates proposed to the current PD1675 zoning regulations by J d herein, the project would standard and as mix of office and a charactht erisrial tics thees. AsProject, there ooposed re,ditlscusse would not have any individually not change the existing setting or h limited impacts on the environment. Further, the impacts of the change in the PD development standards would th ative impacts either othprojects not have any reasonably foreseeable cumulivenithat the Project would not combination lm any additional that have been approved or being considered for the area, g development that could increase existing environmental factors in the area. Given that the Project only consists of amendment to, removeorrequire udevelopment would any additional from agencies other not result in any further development off than the City of San Rafael City Council through gr the built out sitet orrof a Zoning Ordinance Amendment, a No Effect Determination request shall be submitted to the State Department of Fish and Game for this Project. SOURCE REFERENCES copies f all The following is a list of references used in the preparation of this document. afael Department herein, n ty reference reports, memorandums and letters are on file with the City San R Development. References to Publications prepared by Federal or State agencies may be found with the agency responsible for providing such information. 1. City of San Rafael General Plan 2000, City of San Rafael, adopted July 1988, and Final EIR, certified July 1988. 2. San Rafael Municipal Code, Zoning Ordinance, City of San Rafael, May 1996, 3. Application Form and materials including the applicants Project Description, Revised PD Document and Site Plan Bayview Business Park Trip Generation Study, San Rafael, CA 4. DKS Associates September 22, 2011 5. City of San Rafael Department of Public Works Memorandum November 5, 2012 6. Letter from Greg Eicher, Forsher + Guthrie to Becky Cranford Re: Bayview Business Park dated June 25, 2012. 7. Letter from Greg Eicher, Forsher + Guthrie to Becky Cranford Re: Bayview Business Park dated September 4, 2012 Environmental Checklist Form 23 Bayview Business Park Master Plan DETERMINATION FOR PROJECT On the basis of this Initial Study and Environmental Checklist I find that the proposed project could not have a Potentially Significant Effect on the environment. A Negative Declaration will be prepared. i ture Date Kraig Tambornini Senior Planner Printed Name Title REPORT AUTHORS AND CONSULTANTS Kraig Tambornini, Senior Planner City of San Rafael, Community Development Department. Environmental Checklist Form 24 Bayview Business Park Master Plan DKS Associates TRAIWO RIA110N SULl.171bPJS September 22, 2011 SEP �a11 PLANNING Bay View Business Park ownersAssociation c/o Becky Cranford, Property P.O. Box 1269 Novato, CA 94945 P►1o�o•000 Subject: Bayview Bus' ness Park Trip Generation Study, San Rafael, CA Dear Ms Cranford: DKS Associates has performed a PM peak hour trip generation analysis for the Bayview l. The Business Park in the City of San Rafaeoenerat d bythis she Bayview Business Park anto determine d many PM peak hour trips are currently being g how many new PM peak hour trips can be allocate dreed ifor n the LMaster Plan approved in without exceeding the limit of 442 PM hour trip g 1985. Based on our collection of the necessary vehicle triestap re information r leneraltedproject du ng they we PM estimate that only approximately 234 vehicle p peak hour (442 PM Peak hour trips are allowed). Details of our results as well as a discussion of the methodology used in our analysis are provided below. Project Description The Bayview Business Park consists of eight buildings, which are a mixture of light square feet (SF) office building that is industrial and office uses. All the buildings re fully occupied with the exception o Buildings A and H• Building A is a 31, q industrial). The remaining 3,552 square currently ,unoccupied. Building 1.1 is partially occupied with tenants in only 47,546 5F (o •.vi7icb 1�.��'' ��' Eq ,1)��co and 32,546 SF is hg unoccupied, feet of ot'ttce space in Building H are City on December The Bayview Business Park Master Plan was appy o 13��900 SF of light 1985. uses 16, 1985. The Maser Plan Permitted a maxin area. The and 104,000 SF of office uses for a maximum total h a business pa S was limited lgto 442 total number of PM peak hour trips associat, d with trips. 1<J,10 Broadway Suite 740 Cal2ano, :... �. (510) 763-2061 (510) 268.1739 tax vnvw.dksassociales.crro SOURCE REFERENCE 4 ,DKS Associates TRANSPORTATION SOLUTIONS Methodology/Analysis The actual observed number of project site-spftotsee how manyps was availablenew vehicle tripsare of PM peak hour trips allowed for the project available to be allocated to the project site. ingress/egress Kerner B eets (Pelican Way and for the Bayview Business driveways and adjacent str ng the PM peak period from 4-6 PM. Vehicles using these Park on July 11, 2011 duri ss the bayfront recreational driveways or streets to accepeak total. A detailed summary of observed trips the buildings were not included in the PM are included at the end of this report. m both the The observed trips were compared to expected/esti Gene Generation manual trips t ublies shed by the City of San Rafael and the 2008 8t" Edition Trip Institute of Transportation Engineers (ITE). Table 1 shows the comparison of the Trip Generation Rates. i`able 1 Trip €3,enerati.on Wit" 710 General Office Burldmn_ 110 General Light Industrial Notes: a. Per 1000 GFA (gross floor area in square feet) 2.651.49 1.40 0.97 Sources: Cit of San Rafael; ITE Tri Generation Manual, 81h edition Table 2 shows the observed PM peak count at the project site including the on -street The parking counts on Kerner Blvd and Pelican W�a the maximbum ined total of allowablettrips (442) for trips and on -street parking trips (234) is less the business park. Table 2 Project Site Obs erve€1 Avg rage `t'r'ip Rate Project PM Peak Hour Trips at Driveways 192 On -Street Parking on Pelican Way and Kerner Blvd. 42 Total Number of Observed PM Peak Hour Tris 234 442 Max. Permitted PM Peak Hour Tris 208 Difference Sources: DKS Associates, 2011 Bayview Business Park Trip Generation Study Z 09/22/11 DKS Associates TRANSPORTATION SQOTIONS ew Business The number of trips calculated for the occupied he remaining square feeet for future office Park using the City of San Rafael trip rates triprates for and light industrial uses in the business park industrial. are To ensure Tableesented in conservative estimate, general office are greater than those for light the vacant square feet in Building H and the Building A square feet were assumed to be all office use. 1 aide 3 '1"► il� i::e ie1'atifi r forIlar'r'it 8e' 13less Park using Gty Trip Cene'lltion Rates :. 0 0 A B 0 9,676 0 18,453 26 26 51 C 13,301 6,593 35 9 44 56 E 13,357 14,987 35 21 62 F 9,000 27,000 24 38 78 G 29,450 0 78 0 46 86 H occupied 15,000 32,546 40 322 139 377 occupied Subtotal 89,784 99,579 0 84 0 84 A vacant 31,594 9 0 9 H vacant 3,552 0 U 9 Unoccupied Subtotal 35,146 0 3 93 139 470 Total 1249930 99,579 3 442 Total Permitted Source: Cit of San Rafael; DKS Associates, 2011 The PM peak hour trips generated (for both occupied light industrial uses are spaces) listed in Table 4. ITE trip generation rates for general office an g Using the ITE rates, the PM peak hour trips for the currently occupied spaces are estimated to be 223 trips less than the maximum 442 allowable trips for the business park. Bayview Business Park Trip Generation Study 3 r 09/22/11 DKS Associates TRANSPORTATION SOLUTIONS Table 4 Trip C>eneration ilsing ITE Trip Generation-41"n"r11 A 0 0 0 0 0 B 9,676 18,453 14 18 32 C 13,301 6,593 20 6 26 E 13,357 14,987 20 15 35 F 9,000 27,000 13 26 39 G 29,450 0 44 0 44 H occupied 15,000 32,546 15 32 9 7 47 22 2 3 occupied Subtotal 89,784 99,579 4 0 47 A vacant 31,594 0 6 3 H vacant 3,552 0 13 0 Unoccupied Subtotal 35,146 0 60 0 60 Total 124,930 99,579 186 97 283 Source: ITE Tri Generation Manual, 8'� edition; DKS Associates, 2011 Assuming full occupancy of Buildings A and H (as office space), the combined total number of PM peak hour trips (observed trips + calculated trips for unoccupied space) for the project site would be 327 trips. Table 5 shows the Existing plus projected PM Peak hour trips for the full occupancycalculated rates from l s assumes from both the City the unoccupied space of San Rafael and ITE tripd all rates general office and is for general office. Bayview Business Park Trip Generation Study 4 09/22/11 DKS Associates TRANSPORTATION SO.UTIONS Table 5 PM Peak Hour Trips for Buildout Existing 189,363 234" 84b 234" 47` Building Affiffi (Buildout Occupancy) 31,594 9b Se Building H (Buildout Occupancy) 3,552 __ 286 Total 224 509 327 442 Permitted 238 900 �441Max. 156 Amount until Max. Permitted Notes: a. Actual observed average trip rate b. Based on City trip rate for general office er 1,000 s ft.) building (2.65 p q building (1.49 per 1,000 sq. ft.) c. Based on ITE trip rate for general office of San Rafael; DKS Associates, 201 conclusionn Y of the ject Based on observed trip data and pro11t5-g56 fewer PM peak hour tripsbeing site as office space, the project will have between used than are permitted in the City's project approval (442 PM peak hour trips approved minus 327 or 286 PM peak hour trips projected with full occupancy)- lf you have any questions, feel free to call me 510-267-6612 or Terry Klim at 510-267- 6615. Sincerely, DKS Associates A California Corporation Kennetheong Project Manager cc: Terry Klim) DKS p.\p\l 1\1 1090-000 San Rafael Bayview Trip Gen\04 Deliverables\San Rafael Bayview Trip Gen Study FinalO.docx Bayview Business 1ark Trip Generation Study s o9�zznr BLDG A BA IEW BUSINESS PARKS SAN IZAFAEEL z a x R fael �t}ewelf , nre sc K nalls.o--L5 an :Gtr itre eruoks raitfi San Ani �! a d6dk - anal Glkfage r, ��. 1 p+ Y tL+jn `•"'1 ar ezt9eight Witt selYyv Sps,Ia "dvo' bl4 rlinur mg Ylncent Fr�lindv htltrob o qle O a Santa Y00 et[A ¢y.•�f� Sen flninel 6Pr® ..Pablo ... -I s t R hmund moo lnt FiLc r , nt�� ^S• e � . EI.Carrilu 1 a: t. A _ . '- a ll VaIIRY 'ef. Stln¢Rn.geac r'- Y AIbrtT1 0. za ,- .��, tpnfs unto ilnet'ttssleY' �'- .,�- - I`o '& . eY Jetta �Q� �dSgdsnl a-`Tlutlrnn i '. �} ~A ttn EmRrYs'I 13�,�:hlorega •.i.a , L : 1611.. • 11 . ,.'Mort eaen+- . '". 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B t y�� 5.15Ac. 19 t5 d 9.45 Ac. .46 SJB•3z' 400 P. 2 18 17 200 pM a _ 35 A h� t` ?dam ISO 34-y n k �7 a b " 4.83 Ac. Comm N " y� POR 17 S8870 Detail 123 23 q 29 P W h 2.34Ac. Ada h - PcLS Pcr.6 ti ti %I W �phti �4 w w Pcl. C N 461W % iSl 99 a. .3 4 N a �ir;L'r � � 30 r a m a ��• n yp 2•09Ac. u a P.A a Pct. 3 ° AREA W q N ponding \'N aP5 Po tel. 'B PCL4 area W K&25'� . ls.t7 1.26 AcCM 6Z.76 LO 14 0j s b y gd t Z7 a89d,E i9o•s30;d Z N P -A N (0.53 Ac I N390 4l 0 :.iml 13SIN c p'�� 1. a Not �; of : ,,ti•� m v � �°'4� s _ . .`'I PCL( W V. " q SJ p2 i 37N 55 56 saez 4s 4 a;q Gv 3ZE ,!c /Sa.O Jq•Z7 5 HWy 3i7.7o FRANCISCO NOTE — Assessor's Block Numbers Shown in Ellipses Assessor's Parcel Numbers Shown in Circles. 17 28 1.12 Ac.6j� _ 551°c4E 21- l2 P'2 (a. 60 A0.) BLVD_ 7717, 10 Q S...A •• 25 f r-v,7y 46 w� h GC1.y se°az F s 400 ti�QN ponding 0 ° 24 5.15Ac. o tid rc ape a4.9' �M x.20 1,56`e 19q ° 4.85AC. ��� U X14 ho '� ` 1.12 Ac. 15 0 9.45Ac. /� CommON a r.� x,56 y�,^gra , _ � 0 210.64- cp X 62' 2T w -� N P a � i ^ • �'s�,ti r^1+ y+ a � f C S39•f6 �^N M.• 1 /43 E �Fp 1t. 4• 19 W 23 a a ;v 29 AV 32 2.34Ac.41zr N. 291 �. h° % y Pcl. C *" R •A c ) N51'07W 746.32 1 I d 0 3 f 16 r �� 90 �w 2.o9Ac. " .53 c. N Pa2.96 sig• �.z, ` �A:L 3,µ 22 M N o P. A P2 4020 AREA PC 0' 1 17 Q0 P n 1t1. B� Bo 1$ 17 M . 20re.36 2 h° Pcl.4 area s< LotB. ,,.4 243 4 ab dq � 15 'vJ�•f6ly� r.� Of y • ,50 c S 51' 14'f 1.26Ac.. I1,. W ,� N z 6z.76 pal - 73 14 J2 7 �i N N P -A N' P -PI 14 Iq) 1. ;v� H P 39�g1o•� ®� a: CL Z N a (0.53 Ac a nQ� O.B0AC.1 Ln 1 CC Pcl.2 zs 23-98 '390 A' 13 ^y 11 a IV f 38 G3 ��,V 6.6 43 75.4 cv P 1 a4' dN . 36 39 ;� •lo- b -..� f I PlyaS-431tq• +3sr.>s n N47•d7'ib �j5// 't'3 . y� ^ CU 1 - Cy 18 /7s 6 1.9 Ac 0 o'v A ; g i•tu b J / ti. SB aq '.71 P21-52 ' r N rza ^ 3.53Ac. @42, a' 4cC, _� i PCL A / / C1. 2 a PCLI a 1 t �/ �^ Ptn.'.P.1 I N rn ` 7 3-99 14 I�y 43 (1.86 Ac'1. 37 6 tiN p 1—.213 _~�. la m fv3B• zF p�z 96 / a V 55 56 /a"/N�`+� �I 2c31 (� rga,to 1 z/c.at 3gk, r,`,A,i/;+. y. xxe• ea 5 /t� 41 3 QR•l2c3 a 551.'141' 27 5�} /� 1.78 Ac. 49 '7 PCI. B a O o RgNC 3`7 7� Ptn: P 1 " �BCO 9" n as (1.66 Ac) 45 a c' �-•-VG,w P.11 Z3- B P21-52 0 J re/56.41 Hey 1473 N32• Y / T BLVD, c LVD.� C CITY OF SAN RAFAEL, CALIFORNIA DEPARTMENT OF PUBLIC WORKS IVIORANDUM 1VIE \� TO; RAFFI BOLOYAN DATE: November 5, 2012 PRINCIPAL PLANNER FROM: KEVIN MCGOWAN FILE NO: 13.02.17 ASSISTANT PUBLIC WORDS DIRE'CTOR/CITY ENGINEER SUBJECT: 22 Pelican — (Reconcile Built -Out Lots — Kraig Tambornini — project Planner) We have reviewed the attached application and Find the submittal incomplete. Parking Greg Eicher's letter (dated June 22, 2012) indicates that the total number of parking spaces for the site is 608. A total of 714 parking spaces are required for the proposed project based on Municipal Code. about The letter also indicates that a maximum of 375 the letter did aces are occupied ntifyysy are 62%) based on the field counts. However, the field counts. footage and type of occupancy of the ebrxiinen�sthe the is time adequate for the Therefore, it can not be used t current and the proposed uses. The applicant shall provide a projected total parking count based on the having full occupancy. Additional Comments The total number of PM trips calculated based letter Septemberp4,c2012)lie-ht and industrial square footages by Greg Eichi ITE Trip Generation (8"' Edition) rates is below 442. Therefore, no traffic mitigation fee is required. SOURCE REFERENCE 5 June 25, 2012 Becky Cranford McAvoy Management Po Box 1269 Novato, Ca 94948 Re: Bayview Business Park Dear Becky, Planning Architecture Development Robert Forsher AIA Architect Matthew C. Guthrie Planner Ten H Street San Rafael California 9490.1 Tel 415 4591445 Fax 415 4591124 I have completed my investigation of permit activity and comparison to existing physical improvements at the seven buildings comprising Bayview Business Park. The development was approved under a master use permit in 1985 to include a combination of office, research & development, light industrial, and warehouse uses. My activities have included an extensive review of the City's records of building permits issued, and review of associated drawings either in the City's data base, or as provided by the respective building owners where drawings do not exist at the City. In addition, I have walked through each of the buildings to verify the existing build -outs, and have compared that with the permit(s) issued for that building or portion of building. There is a significant amount of permit activity for most of the buildings. In the cases where permit activity is low, it appears due to the fact that little work has been done beyond the original buildout. I rim attaching a roster of building permits thal: leave been isSM-1 i for each building, with any pertinent information reg0l'ding 1ilose hermits, and have doted where we have drawings that show the work that was permitted. I also offer a brief summary of my observations for each of the buildings below: Building A ?2 Pelican Ml,"V Building A has juste in the building, which islt iprovement (B1107-106) curren ly vacant and will be available forl roughout all but a small area a second tenant at some time in the future. SOURCE REFERENCE 6 Forsher+Guthrie June 25, 2012 Page: 2 Bayview Business Park Building B 2597 Kerner Blvd. Building B has had numerous tenant improvement permits issued over 25 years time, the more recent of those for the current tenant "Tissue Bank Intl". The build -out that exists today is reflected in those permits (80303-075, B0608-018, and B0705-022). Building C 2505 Kerner Blvd. Building C has had numerous tenant improvement permits issued over 25 years time, the most recent of those for the previous and current tenants, "Eber Intl" and "TiNi Aerospace" respectively. The build -out that exists today is reflected in those permits (B0304-080, and 81010-084). Building E 100 Pelican Way Building E has had numerous tenant improvement permits issued over 25 years time for a variety of tenants. Fortunately, the City's records are very good for this building in terms of the number of permit drawings that are associated with the respective permit applications. It appears that the tenant improvements currently existing in the building are consistent with the accumulation of permitted construction over time. Building F 85 Glacier Point ad (aka 2550 Kerner divd.) Building F has very little permit activity. Only one permit has been issued since the original shell structure and tenant improvement work was completed. The existing improvements are consistent with both of those permits. Building G 150 Pelican Way Building G has had very little permit activity since the original build -out, the subsequent permits having been issued for relatively minor alterations to the original office layout. Oddly, there is no documentation in the City's records (drawings or permit application) indicating that the original interior improvements were completed with the benefit of a building permit. It does not seem unreasonable to assume that the shell building permit may have been amended at some point to include the interior build -out, or that some other documentation of this work has been mis-recorded. It seems doubtful that a significant TI such as this could have been completed without a permit. June 25, 2012 Page: 3 Building H 101 Glacier Point Rd Forsher+Guthrie Bayview Business Park Building H has had numerous tenant improvement permits issued over 15 years time for a small number of tenants. The City's records contain only one set of tenant improvement drawings, so it is fortunate that the property owner has record drawings that can be easily linked to the respective permits issued by the City. The existing improvements can be shown to be permitted with two exceptions: an approximately 3500 sf area on the lower level, and an approximately 7600 sf area on the second level both include improvements (private offices) that I am not able to link to a building permit. All other areas are consistent with drawings and permit applications, and the uses in the various tenant suites is generally consistent with the proposed uses at the time of permit issuance. In conclusion, with the few exceptions noted, it appears that the existing improvements have been completed with the benefit of building permits. Parking Building management has provided me with data to help determine that the existing parking is adequate for the current uses. Car counts have been completed on two separate occasions: one at 11:30am on Tuesday, May 15th; the second at 2:30pm on Thursday, May 17th. The number of cars parked in the off-street parking areas on May 15th was 375; the number of cars parked in the off-street parking areas on May 17th was 345. The total only parking 60%of the available parking stalls. nlOkcounts would re indicate that the businesses 9 Y 55 Also attached is a site map showing the parking lots built in the business park. If you have any questions, or if I can be of further assistance, please do not hesitate to contact me. Cordia I Greg Eicher Forsher + Guthrie r• W } W U) � .. 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U a O \ / O R LU w / � $ / / c 2 I e yL 6 ® / t / § / / u O e O E . o < / re, . / S 4 3 o m m / \ I U Q / 3 L 7 ƒ \ 7 / / \ % 0 0 q / E $ / N / o 0 0 / \ / \ ƒ 1-4 e= a a # It It It _ 00 m c = FORSHER+GUTHRIE Planning Ar chi tecttire Develop in ent Robert Forsher AIA Architect Matthew C. Guthrie Planner "fen H Street San Rafael California 94901 Tel 4"15 459 1445 Fax 415 4591124 September 4, 2012 Becky Cranford McAvoy Management PO Box 1269 Novato, Ca 94948 Re: Bayview Business Park Dear Becky, This letter shall serve to clarify areas previously reported by the business park's property management for office use, and light industrial use, in the seven buildings in the Bayview Business Park, Summary: contain Two of the seven buildings were initially approved and constructed d constructed % office use (Buildings A & G). The remaining 5 buildings were app roved combination of office and light industrial uses. These buildings uildin frare onting single -story allyce emrentdcontai ng story element with offices on lower and upper light industrial uses. Several anomalies are present in the previously reported square footages: ally low. The Building ( Office areas previously reported use of thethis lower building level areas originally designatedtoexisting be tenant's (Tissue Banks Int p i` artmentalized plan typically office, is not used as typica; office, despit. 1e existing ro vpC rn�ii, a,xJ �epe�;�d i„ �,v..;aibu vvilil v iw. uS :i1 dwiC trio :iqu.iiv fuutage� �^l/p Y pJ 2003 for office use on ther alf located from the light industrial category, athe nd be made available Therefore 7,142sf should be as office area for future tenants. the Building E: There is some wed cion onal ser a quar mezzaninearea above Nthe oas p ginal approval, but proved previously ywas pity which would have alio never ed restriction that was filed in he area of that mezzanine tote usever of hes mezzanine should reported The deed restrict as it does not exist, and there is no longer a desire for it to be constructed. Building H: Of the reported 18,552sf of office area in this building, 3,552sf is not currently in use. Because the building was constructed to be larger than h t the use permit approvedurrently uppee levelCity has previously disallowed the use of an areaequal space sits empty. It is requested that this space be allowed for occupancy of office use. SOURCE REFERENCE 7 September 4, 2012 Corrected square footages are as follows: Building A 22 Pelican Way Office: 31,594 Lt. Industrial: 0 Total SF: 31,594 Building B 2597 Kerner Blvd. Office: 16,818 Lt. Industrial: 11,311 Total SF: 28,129 Building C 2505 Kerner Blvd. Office: 13,301 Lt. Industrial: 6,593 Total SF: 19,894 Building E 100 Pelican Way Office: 13,357 Lt. Industrial: 14,987 Total SF: 28,344 Forsher+Guthrie Page: 2 Bayview Business Park Building F 85 Glacier Point Rd (aka 2550 Kerner Blvd.) Office: 9,000 Lt, Industrial: 27,000 Total SF: 36,000 Building G 150 Pelican Way Office: 29,450 Lt. Industrial: 0 Total SF: 29,450 September 4, 2012 Building H 101 Glacier Point Rd Office: 18,552 Lt. Industrial: 32,546 Total SF: 51,098 Forsher+Guthrie Page: 3 Bayview Business Park These figures result in, the following totals for the Business Park: Office: 132,072 Lt. Industrial: 92,437 Total SF: 224,509 If you have any questions, or if I can be of further assistance, please do not hesitate to contact me. Cord Greg Forsher + Guthrie A. 1, EXHIBIT 6 SRCC Agenda Item N4 3/20/95 ORDINANCE NO.1675 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM PD (PLANNED DEVELOPMENT ORDINANCE 1474) DISTRICT TO THE PD (PLANNED DEVELOPMENT) $ SRK. M DISTRICT FOR END AMENDMENT THE BAYVIEW (RE: Z94-6, BAYVIEW BUSINESS PARK, FRANCISCO BOULEVARD WAY, AP NOS. 09-291-15,16 ,1E 0 20, 21, 22, 3,39, 42, D 3 52, and PELICAN THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. The Zoning Map of the City of San Rafael, California, adopted by reference by s amended by reclassifying the following real Section 14.01.020 of the Municipal Code i property from the PD (1474) (Planned Developmentna dr Pr Pe tyl474) so reclassstrict ified iso the PD slocated (Planned Development Ordinance 1675 ) at East Francisco Boulevard, Kerner Boulevard and PelicanWay, San Rafael, as shown County Assessor's Parcel Numbers 09-291-15, n 16, 20, 21, 22, 23, 39, 42, 52, and 53, plegal description attached as Exhibit "B". DIVISION 2. Any development of this property shall be subject to the conditions outlined in Exhibit "A", Bayview Business Park Master Plan, which is attached hereto and made a part hereof. DIVISION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid. pIVI IvN 4. iitis oraui ance snau ue p"&'a&uulistict, once in tuh uerore It- ,aa, passas_ I— lied and circulated in the City of San Rafael, and newspaper of general circulation, publis shall be in full force and effect thirty (30) days after its final passage. Attest: JE NE M. LEONCI I, City Clerk pp J, BO Mayor CO 0" The foregoing Charter Ordinance No. 1675 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael on Monday, March 6, 1995, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro 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 20th day of MARCH 1995. JUNNE M. LEON IM, City Clerk EXHIBIT "A" BAYVIEW BUSINESS PARI{ MASTER PLAN INTENT ns presented and proved for the The Bayview Business Park Master y Nlasteb Environmental n is ased on the aand Design Rev ew1985. The Master Permit, ED85- lan has been Master Use Permit, UP82 65(b) an 54 which were approved by the City Council on December 16, ' ments approved with the original Planned developed to reflect the amended Master Use UP82-65(c) and Master Design Review Permit (ED85-54) and incorporate the e Development District, PD (1474). LAND USES 4 VIA 00 quare eet of s permitted in Bayview Business Park include a maxi for a maximum totalsof 238,900 square Use industrial uses and 104,000 square feet of office ch and elopment ud feet of building area. Light industrial uses mayses) ofesimilarr nature asvdetterm determined by ytithe warehousing, wholesale distributing lonee°serving retail and services uses and retail us es Planning Director. Incidental employee may be permitted consistent with floor area ratios supportive of and related to industrial uses tri all be consistent with Master Use Permit UP82- and p allocation standards. All uses sh 65(c). DEVELOPMENT STANDARDS The following development shall apply to all development of the Bayview Business Park. Setbacks: Building setbacks shall be consistent with the Master Site Plan approved with the Master Environmental and Design Review Permit ED85-5 . Height: Maximum height 36' Maximum Building Size: (square Feet) Building A - 40,000 Building B - 30,000 Building C - 20,000 Building E - 28,000 Building F - 41,400 Building u - 31,500 Building H - 48 000 Total 238,900 sistent with the approved Environmental and Design Landscaping: Landscaping shall be con Review Permit (ED85-54). with the approved Master Design Review Parkin Parking shall be provided in accordance Parking: 18 of the City's zoning' Permit (ED85-54) or the requirements of Chap ordinance should an amendment to the Master Design Review Permit be requested. DESIGN STANDARDS All buildings shall be consistent with the Project Design s anwdardsPerto(ED85 54).ntained in the conditions of approval for the Master Environmental and Design Revie EXHIBIT "A" TRIP GENERATION A maximum of 442 PM peak trips and Office uses are with as follows: the Bayview Business Park. Trip generation rates for the Light Industrial Light Industrial 1.4 trips/1,000 gross square feet of building area Office 2.65 trips/1,000 gross square feet of building area Ancillary Uses As specified in the Circulation Background section of the General Plan for East San Rafael or as determined by the City Traffic Engineer - 2 - EXHIBIT "B" Situated in the State of CBiifornia, County of Marin, City of San Rafael and described as follows: BEGIN—NTING at the most Westerly corner of the property described as "Parcel Two" in the Deed from Marin Canalways and Development Company, a corporation to Marin Development Company, a limited partnership, record- ed 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 and North 51' 27' 18' East 210.0 feet" in said Deed; running thence on meridian of said "Parcel 71'wo", North 38' 32' 42' Rest 266.67 feet; thence North 5I' 27' 18' East 1865 feet; thence Southeasterly in a direct line for a distance of 906 feet, more or less, to a pint on the Easterly line of Tide Land Lot 9 in Section 12, T 1 N, R 6 W, NLD..NL, distant North 1' 17' 18' East 2007.28 feet (measured along the Easterly lines of Tide Land Lr)ts 25, 24 and 9 in said Section 12) from the Northeast comer of the property described in the Deed from Marin Canalways and Development Company to the State of 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 fret, more or less, to the Northeast comer 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' West 660.0 feet to the Easterly line of Tide Land Lot 17 in Section 11; thence along said Easterly line North 1' 17' 18' East 138.0 feet; thence leaving said last mentioned line. North 51' 14' West 288.0 feet, more or less, to the most Northerly corner of said "Parcel One"; thence along the Northwesterly line of said parcel, South 38' 46' West 1043.0 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, _Barin County Records, hereinabove referred to; thence Northwesterly along the Northeasterly line of said "Parcel Two", for a distanc_ of _60.0 feet. more or less, t^ the most _l'orherly corner thereof; thence along the Northwesterly line of said parcel, South 51' 27' 18' Rest 210.0 feet to the point of beginning. EXCEPTING THEREFR0;11 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, Boo: 2347, Official Records, page 512, Marin County Records. No. 69 January 12, 1981 EXHIBIT i RESOLUTION 9316 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE AMENDMENT TO THE MASTER USE PERMIT FOR BAYVIEW BUSINESS PARK (UP82-65(c)) WHEREAS, notification of the proposed UP82-65(c) amendments occurred as specified by law; and, WHEREAS, staff identified the amendments, with corresponding background analysis in the hebrijary 14, 1995 staff Report to Planning Commission; and, WHEREAS, the proposed amendment to the master use pernut is categorically exempt fro n the provisions of the California Environmental Quality Act (CEQA) under Class 5(f)(i) of the City of San Rafael Environmental Assessment Procedures; and, WHEREAS, the San Rafael Planning Commission held a public hearing on February 14, 1995 and accepted the staff report and public testimony on the proposed amendments at that time and recommended approval of the proposed amendment to the San Rafael City Council; and, WHEREAS, the San Rafael City Council held a public hearing on March 6, 1995 and accepted the staff report and public testimony on the proposed amendments at that time; and, WHEREAS, the San Rafael City Council finds the recommended amendment to the master use permit to be in accord with the General Plan, the objectives of the Zoning Ordinance, and the purpose of the district in which it is located because the project, as conditioned, is consistent with the goals and policies of the General Plan 2000 including: the light industrial/office land use designation; and, WHEREAS, the San Rafael City Council finds the recommunded amendment to the master use permit 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 because the use is consistent with and does not intensify the previously approved master use permit; and, WHEREAS, the San Rafael City Council finds that the recommended amendment to the master use permit complies with each of the applicable provisions of the Planned District Zoning Ordinance as the light industrial and office uses are not proposed to change. NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council approves the amendment to the Master Use Permit outlined in Exhibit "A". The foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 61h day of March, 1995, by thr, fnllowinl; vote, to wit: nCOY . AYES: COUNCILMEMBERS : Cohen, Heller, Phillips, Zappetini. & Mayor soro NOES: COUNCILMEMBERS : None ABSENT: COUNCILMEMBERS : None n we /1 �2 jean rYe M. Leoncini, City Clerk -2- EXHIBIT "A" CONDITIONS OF APPROVAL: UP82-65(c): Public Works Department: (a) Streets and Roads 1) Right-of-way for the construction of Kerner Boulevard and Pelican Way shall be dedicated to the City in fee. (b) Frontage Improvements 1) New curb, gutter and sidewalk shall be installed along the entire Kerner Boulevard, Pelican Way and Francisco Boulevard frontages. (c) 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 waterfront improvements. (d) Agreements 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 approval dates pending the formation of the proposed assessment district. Planning Department: (e) The Master Use Permit approves a total of 238,900 square feet of gross building area to be divided among the seven (7) buildings described and identified on the following drawings: Site Plan, Vickerman-Zachery-Miller (VZM), Sheet 1 of 9, dated 9-4-85 Tree Planting Plan, Speer & Associates, Sheet 2 of 9, dated •9-5-85 Landscaping Sections, Speer & Associates, Sheet 3 of 9, dated 9-5-85 Entry Plan/Section, Speer & Associates, Sheet 4 of 9, dated 9-5-85 Building B Elevations, VZM, Sheet 5 of 9, dated 9-5-85 Building C Elevations, VZM, Sheet 6 of 9, dated 9-5-85 Building A Elevations, VZM, Sheet 7 of 9, dated 9-5-85 Signage/Floor Plan/Section, VZM, Sheet 8 of 9, dated 9-5-85 (f) The maximum gross square footage for each building is approved as follows: Building A 40,000 square feet Building B 30,000 square feet Building C 20,000 square feet Building E 28,000 square feet Building F 41,400 square feet Building G 31,500 square feet Building H 48,000 square feet Building D is not approved. -1- The Business Park shall be limited to a maximum of 104,000 square feet of Office use and 134,900 square feet of light industrial use. The distribution of office and light industrial use square footage among the seven buildings can be flexible provided that the maximum allotments presented herein are not exceeded for the entire Park. It shall be the responsibility of the Bayview Business Park Owner's Association to manage and monitor the use allotment. The Owner's Association shall be responsible for maintaining a use inventory of tenants for the entire Park. This inventory must identify all building tenants, square footages and use allotments. This inventory shall be made available to all building owners and tenants. (g) A City of San Rafael business license shall be required for each tenant. Each tenant filing for a business license must submit, to the Planning Department, a current use inventory of the Bayview Business Park, containing all building tenants, square footages and use allotments. (h) This use permit shall be reviewed annually by the City of San Rafael. The Bayview Business Park Owner's Association shall be responsible for filing the appropriate application for annual review. This application must include the submittal of a current use inventory of all buildings in the Park. The inventory shall identify tenant location and square footage, type of use and any changes in tenants within the past year. In addition, the inventory of uses shall identify the number of P. M. peak hour trips projected for each use/tenant, based on trip generation rates of 2.65 trips/1,000 square feet of office ad 1.4 trips/1,000 square feet of light industrial use. Ancillary uses permitted shall identify the number of P. M. peak hour trips bases on the trip generation rates specified in the Circulation Background section of the General Plan for East San Rafael or as determined by the City Traffic Engineer. The Owner's Association shall also demonstrate compliance with the maximum use mix allotment for the Park, specified in Condition (k). Approval of the use permit shall be subject to the City's finding that the office and light industrial use allotment for the complex has not been exceeded and that the Business Park will not contribute to traffic generation in excess of 442 P. M. peak hour trips. (i) Geology/Soils 1) Site filling shall be to elevation +10 MSL for ultimate grades of +6.5 to +8 MSL after 30 years of settlement. he 2) Prior to placement of final fill onn a site d and loose surficiated.l fills currently existing on the site should be scarified, co 3) Imported fill should be free of organic material, and contain less than 5% rock or cobbles. thwest end f the site, filled 4) The seasonal marshland, Rafael Wetlands sou Mitigation Plant shall be drained and Policies of the East San pumped dry prior to filling. nt Condition (b) 1 through 5 for grading and 5) See Public Works Departme earthwork requirements. (j) Air Quality 1) Disturbance of any debris fill material as a result of grading, paving, or building construction shall require proper cappino covering of the area with clean fill material, or removal of contaminated material with dis osal at an approved site to the satisfaction of the State Department of Health Services. (k) Plant/Animal Life - Wetland Mitigation 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 -2- 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 the 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 s1dClimbinavin vines 11 be plantedatnd habitat to discourage encroachment into pond ar g 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. Conservationa MMWDIopment and the developer for shoreline ce access easement shall be granted from 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. (1) Traffic/ Circulation 1) 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 applicant shall be responsible for their fair share of implementation. 2) Public access to the shoreline band from the end of Pelican Way shall be to design pproved by the Bay Conservation and Development Commission (BCDC) prior 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 change link fence shall be installed north of the access path between the access entrance at the Pelican Way cul-de-sac and the connection to the shoreline access nd to secure the Marin Municipal the Water District storage yard and protect path. 3) The Bayview Business Park's traffic mitigation fee obligation, as per City Council Resolution 7229 dated November 18, 1985, is not to exceed $350,000.00 (as adjusted by the Lee Saylor Index since January 1984). Each of the seven buildings is obligated to pay 1/7 (one seventh) of the total traffic mitigation fee for the project. �) In accordance with the I'erejiiptcsr � ��t 19 Mandate �m�a �3�#�sst,�eydv�ywth�nes County Superior Court on January Parte, conaL%ter►t wig this approved Master Use Permit including the maximum square footages of light industrial and office uses an maximiun i}. M. peak how trips, shall not be suhipct to further environmental review or the City's Priority Projects Procedures. (m) Project Design 1) Each building shall be subject to environmental and design review prior to the issuance of building permits. Each building shall carry a common architec be theme with use of similar colors and building materials. Each buildingmay -3- subject to minor design alterations approved by the Design Review Board and staff. 2) 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. 3) 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. (n) The final Master Plan shall be reviewed by the Marin/Sonoma Mosquito Abatement District for any recommended ' mitigation measures regarding mosquito abatement. This shall be completed prior to -the design review application of the first building. -4- E�0 I PJIT 6 1 Gonditions of Approval ED85-54 —VE, PUBLIC WORKS DEPARTMENT 51No/;P N (a) Plans and Permits 1) Engineered improvement plans shall bermissi(due with the applications for building p 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 mmit issuanst be pled ce. with as a condition of building pe (b) Grading and Earthwork plans shall be prepared in accordance 1.) The final grading with the recommendations 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 MaemnConsultant measuresohaveinsure been incorpotht rated proper methanemitigation into the designs. A written report shall be submitted with the application for building permits - to 4) Prior issuance of building permits, the final shall be plans and reports licantuseh shall adepositchnrca Review Board. The app with the City Engineer to cover the cost of this review. 5) All earth and foundation work shall be done o a under the direction of a soils engineer, a inal report shall be submitted prior to acceptance of the work. - 17 - 6—I i (c) Storm Drainage l) The improvement plans shall show all existing and proposed drainage facilities. 2) The gradient of all storm drain systems shall be designed to accommodate predicted settlements The el ans shall show profiles gradesbefore and grades after settlement. 3) Storm drainage erti htematerialsies shall etooaccommodate tructed of flexible, watg predicted settlemeand hallpbecasdrecommended intrusion. The System by the soils engineer and approved by the City Engineer. 4) Runoff from improved meet byall be undergroundcted and conveyed to the s conduit and/or under sidewalk drains. Drainage shall not be diverted or concentrated onto aor over sidewalks and adjoining properties, driveways. 5) The proposed drainage system is approved in concept only. The final configuration shall be subject to approval by the City Engineer. (d) Sanitary Sewers 1) The improvement plansshall show the locations p of all existing and proposed sanitary ewer 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. gradient of all gravity sewers shall be 3) The designed to accommodatepredicted settlements. The improvement plans shall show profiles and grades before and after settlement. 4) On-site sanitary sewer facilities aciliti s shallbe als constructed of flexible, to accommodate predicted settlement and to preclude methane intrusion. The system shall be as recommended the soilEngineers engineer and approved by ey - 18 - G -A pr ANNTNG DEPEN-1— Air N- - Air Quality 1) A gas ventilation system shall be indicated on the final building and grading plans. This system shall be placedover directed laway ll vt material with discharge pip from all pedestrian aemployment Stateactivities. Department The plans must be approved of Health Services. (j) 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 priortoance of any grading or building permits. roved through all graded slopes have eeawaapfrom pond areas grading permits to slop Y 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 monitoringwells 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 sJshall be tested twice a year starting round water 1, 1986 to insure ates ohat � leachetoxic s into the from the fill migr pond areas. The testresults 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 - 20 - 6_+ occurs, additional mitigation measures shall be required of the developer with conding to insure implementation. 4) The closed drainage system servicing the surface runoff shall be designed with impermeable pipe material and tight joints as required 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. (k) Traffic/Circulation l.) Public parking signs shall be posted on the parking lot northeast of building "G". -The signs shall stipulate that the public may use the parking lot on weekends or after hours for access to the shoreline band. 2) Parking along the peninsulas northeast of building "G" and southeast of building "H" shall be reserved for employee parking for the office buildings. Heavy landscaping to include .trees of 24" and 36" box size shall be planted around the parking lots to provide screening of parked vehicles. (1) Project Design 1) Master site plan approval is granted for the whole 1.2.9 acne site. 2) Design Review approval is granted for buildings B and C excepting therefrom the design of facade projections at entryways, which shall be subject to final approval by the Design Review Board prior to the issuance of any building permits. 3) Subsequent design review approval for buildi A shall be secured from the Design Review Board_ rp for to issuance of building permits for building A. 4) Subsequent design review approval for build* r F, G and H shall be secured prior to issuance _of building permits for said buildings. Desi Review approval may be granted by the Plannin Director if the architectural elevations are found to be consistent with the elevations _approved for buildings B and C. - 21 - C"Is 5) Prior to issuance of building permits for buildings B and C, the applicant shall acquire from the owner the adjoining 2.4 acre parcel, access easements for Bayview Drive and the driveway lying westerly of building C. Construction of these off-site accessways shall be completed prior to occupancy of buildings B and C. Construction shall include the landscape planters lying adjacent to Bayview Drive. 6) 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. 7) No steel overhead doors for the light indust uildings shall face Francisco Boulevard or Kerner Boulevard. 8) All trash enclosures shall have a common design and shall be constructed of materials matching the building walls. 9) 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 sigh distance at driveways and intersections. Box trees of 24" and 36': size shall be utilized in these islands. Low maintenance ground cover shall be used in lieu of the lawn proposed in the area between Dayview Drive and the lagoon. 10) Design details of the decorative stamped pavinp,_ shall be reviewed bz the Planning Department prior to issuance of any b5_17 -1 -ring permits. Deleted. - 22 - C ��p EXHIBIT 8 flit eco: `o � ORDINANCE NO, 1.474 AN ORDINANCE ZF TM CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA. DOPTED BY REFERENCE BY SECTION 14.15 A .020 OF THEkUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, $O AS TO REC LASSIFX CERTAIN REAL PROPERTY FROM "U" AND INDUSTRIAL) (UNCLASSIFIED AND PLANNED COMMERCIAL LIGHT INDURICT ) DISTRICTS TO P -D (PLANNED DEVELOPl+�NI?I9TRI�_ (Francisco Blvd., south of Pelican Way) (BAYVIEW BUSINESS PARK) THE COUNCIL OF THE CITY OF SAN RA"AEL DO ORDAIN AS FOLLOWS: DIVISION I. The Zoning Map 0Y the City of San Rafael, California, adopted by reference by BeatIO0 14.1$.020 of the Muni- cipal Code ie amended by reclassify£ng the 80110wing real property from "U" and P -C -M (Unclassified and 'Planned Commercial Light Industrial) pi®tricta to P -D (Planned Urvolopment) Di®triet. Said property Sao reclassified is located on Franaieco 8au1evard eouth of Pelican Way, San Rafael, County Assessor's Parcels 9-290-31 and 34 described in Exhibit "B"- DIVI� SIGN 2. Any development of this property nhnll be subject to the conditions outlin-d in Vxhibit ".t" -hich i- attached hereto and made a part heroof. DIVISrON J, This Ordinance shall be nublishe6 once in full before its final Passage in a newspaper of general circulation, publisbed and circulated in the City of Ban Rafael, and shall be in ''l^� days atter its final passage a At --11+: ORDINANCE NG 474 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: AYF.S: COUNCILMEMBERS: Breiner, Frugoli, Nave, Rusaom L Mayor Mulryan NOES: COUNC ILME14DERS : None ABSENT: COUNCILMSUERS: None and will come up for adoption as as Ordinance of the City of San Rafael at a regular meeting of the Council to be held oh the 18th day of January-' 1984. 28.2 A/i 1 i ♦ '� 077`"ami - 2 - (g) (C ) (d ) 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 Plans and Permits 1 Engineered -r—mprovement 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, -Grading and Earthwork IT The Tinal grading pians 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, Storm Drainage 1 F 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) 5Iorm drainage facilities shall be cons,,ruC O -d 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, Sanitary Sewers 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 searer 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 as recommended by the soils engineer and approved by the City Enginee• (e) Streets and Roa 1 The improvement plans shall show the horizontal and vertical alignment of roadways. This shall be subject to the approval of the dire Department and the City Traffic Engineer. 2) Right-of-way for the construction of Kerner Boulevard and Pelican 14ay shall be dedicated to the City in fee• roved street widths identified 3) The roadways shall be constructed to the app 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) Fronta a Improvements 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 e 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 he existing evee shall be reconstructed to conform current tlaCity-and Mgation U,S. Army Corps of Engineers standards, as approved in the Plan." 2) The improvement plans shall show all proposed and existing waterfront improvements. (i) A regiments 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 eounseT in a form agreeable to the City Attorney. 2) Construction of proposed public improvements ma.Y be deferred for one (1) year from project approvals dates pending the formation of the proposed assessment. districts PLANNING nEPARTMENT (J) gaster Plan approval shall be grant for , - .�,�ti.ated site pi_n date gepteta- ber 16, 1983. This master plan includes 11 buildings with 104,730 sq. ft. of office use and light 40f�tgindustrial®and136t000dsgtrft� ofuse researchto land'develop� 192 sq, 'Ft. of general g ment use). (k) Geolo /Soils Site filling shall be to elevation +10 MSL for ultimate grades of +6.5 t4 +8 MSL after 30 years of settlement. 2) Prior to placement of on theasitell on shouldhbesite, te loose scarified, fills currently axis 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 drained and pumped dry prior to filling. r,} ',ee Public Works Department condition (b) 1-5 for grading and earthwork requi rements . Voicvr'vvc• vu o4 nr. (1) Air ualit 1 A gas ventilationh}�55(stemshall shall be instalindicated led beneathfinal thebuilding foundatand ion of grading plans- 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 ofgradingr,pavin , or building construction shall require proper capping o 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. jm) water Qual7drolo, Th@ proposed development shall meet finished flood elevations and other requirements de 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 silt d strawabales mayre to be pbesnecessaryetof provideic additional res such s that additionalprotection fences an 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 asrequiredunder Public Works Department conditions (c)1d the Regional The final tWater ails rQuality Control drainage system shall be approvarding the ed by Board and the City prior to issuance of a building permit. (n) Plant/Animal Life o Wetlands hliti ation Plan Th- proj2ct� sha com IV wit, ;,A of the requirements and mitigation measures established in th®Ctast San Rafael Wrequiaementsgincludelbut arernot6li'mited Army Corps and DC P to the following: 1) Dedication in feeorf'e the tidelands east otheblevee ethat nt fare sto@besp�eserved asver the nwelieas and 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 shalt 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 (p) Project Desi n } 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. prior to 2) Each building shall be subject to environmental design review, p 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 calor 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. E.arger 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 hall accompany the first design review application. Turf or lawn area s all be provided along landscape islands fronting the public streets. These areas shall be mounded to a height not to exceed three feet toiprovide sight distance at ariveways and infprsections. Bo:: tree -z nf 24" end 36" size shall be utilized in these islands. The landscape plan shah include improvemenLs for the shoreline band and public access connecirion 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 paiing 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 enclosures, the sign w application for aprogram nshall g. ,have ha commonndesigna tions and trashsh ctheme throughout the project. (q) The final master plan shall be reviewed by the. Marin4SOnoma 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. 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 approva�l is valid for 18 months from the effective date cf the City Council approved i zone change. 2) Dedication .„d 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 11 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 improvement of Pelican Way if MMWD chooses not to participate in the assessment district. A payback provision for improvement of MM;•!D"s one-half of the street right-of-way shall be required.. - Z} 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 a h It concrete ma r an scaping along the path shall screen the parking yet not ab5t_r-ucc _jewS--to--th"ay-. Additionally, a chain link fence spa Tl be 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 �9arin i1u��iei _�1 �:a�er DiS�rict Stor4 q__y_drd_a_nd_protect the 0-Ona 4) Pare ng along the peninsulas northeast of building "K" and southeast of building "J" shall be reserved for erployee parking for the office buildings. Heavy landscaping t� include gees of 24" and 36" box size shallbepl-anted around the parking lots to provide screening of parked vehicles, 5) The applicant shall pay an amount not to exceed $350,000 (1983) as the project's fair share of _traffi_g.. mi_t gation_fees—far deyelopment in East San Rafael. ,) T;it project is phased and located in a traffic Censitive area, and the City Council wili take all reasonable steps and use all reasonable resources to see that the project will not result, at the time of occupancy, in el be Service Levw D at the critical Bellam Sou.ersections. 7) The project shall' be phased in the following order; Phase 1, It, industrial/research and development - first 18 to 24 months. Phase II, office - second 18 to 24 months. Phase III, 1t. industrial - third 18 to 24 months. An adjustment in the project phasing :-,ay be proposed by the applicant and approved by the Planning Commission provided that any change in phasing does not intensify traffic approved under that phase. 6) Prior to issuance of building permits for office buildings I, J, and K, the developer shall-submit a Transportation Systems Management program prepared bj!a qualified eo"nSuTtant. Such a program may include staggered worms hours, carpoo s vanpoois�and employee incentives for participation. Such employee incentives may include cash, preferential parkin , etc. A reduction in the anount of required parking may be considered if additional setuacks ?re provided around the yearround ronds, Tf the hiildings are occu- pied by multiple tenants, a TSM progran may be required of the property manage- ment, The buiiding�leases could require that individual tenants participate in a TSM program, EXHIBIT "6" 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 Marin Canalways and Development Company, a corporation to t4arin Development Company, a limited partnership, recorded March 26, 2956 in Volume 1016 of Official Records, at page 24, Marin County Records, being the intersection of the two courses "North 38® 321 42" West 360,71 feet and -North 510 27' 18" East 210.0 feet" in said Deed; running thence on meridian of said "Parcel Two", North 380 321 $2" West 266,67 feet; thence Nort.11 51.0 27' 1,8" 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 Fide Land Lot 9 in Section 12, T 1 N, R 6.W, m. D.m. , distant North 1" 17' 181° East 2007.28 feet (measured along the Easterly Imes of 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, I4arin County Records; thence along the Northerly lines of said "Parcel, one", North 88° 42° 42" West 660.0 feet to the Easterly line of Fide Land Lot 17 in Section ll_; thence along said Easterly line North la 17' 18" East 138.0 feet; thence leaving said last mentioned line, North 51' 14' West 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 Norgheaster.iy line of "Parcel -1wo'° in the Deed recorded in Volume 1016, Official Records, at page 24, Marin County Records, hereinabove referred to; thence Northwesterly along the Northeasterly live 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 510 271 18" West 210.0feet to the point of beginning. EXCEP`1'ING 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. EXHIBIT 9 CITY OF SAN RAFAEL NOTICE OF PUBLIC HEARING You are invited to attend the Planning Commission hearing on the following project: PROJECT: 22-150 Pelican Way, 2505-2597 Kerner Blvd & 85-101 Glacier Point Rd. — Review of a Zone Change and Master Use Permit to amend the approvals granted for the Bayview Business Park light mdustrial/office complex, which consists of 7 commercial buildings totaling 224,509 gross square feet on 12.9 acres, in order to: a) eliminate the Trip Generation development standard requirement, and b) reconcile the maximum building area and allowable mix of office and light industrial development to match the built -out conditions of the complex; APN: 009-291-15, 16, 22, 23, 39, 421 54, 55, 56, 57, 69 & 70; Planned Development (PD 1675) District; Bayview Business Park Owners Association, owner/applicant; File No(s).: ZC 12-001 & UP 12-040. As required by state law, the project's potential environmental impacts have been assessed Planning staff has prepared a Negative Declaration for the project which meets the provisions of the California Environmental Quality Act (CEQA). A 20 -day public review and comment period on the adequacy of the Negative Declaration was initiated on Wednesday, March 6, 2013 and shall conclude on Tuesday, ,i, —1ch 26, 2013. Public comments on the Negative Declaration shall also accepted at the Planning Commission hearing on Tuesday, March 26. 2013. HEARING DATE: Tuesday, March 26, 2013 at 7:00 P.M. LOCATION: San Rafael City Hall — City Council Chambers 1400 Fifth Avenue at "D" Street San Rafael, California WHAT WILL You can comment on the project. The Planning Commission will consider all public testimony and HAPPEN: decide whether to approve the project applications. IF YOU CANNOT You can send a letter to the Community Development Department, Planning Division, City of San ATTEND: Rafael, P.O. Box 151560, San Rafael, CA 94915-1560. You can also hand deliver it prior to the meeting. FOR MORE Contact Kraig Tambornini, Project Planner at (415) 485-3092 or INFORMATION: kraig.tambornini@cityofsanrafael.org. You can also come to the Planning Division office, located in City Hall, 1400 Fifth Avenue, to look at the file for the proposed project. The office is open from 8:30 a.m. to 5:00 p.m. on Monday and Thursday and 8:30 am. to 12:45 p.m. on Tuesday, Wednesday and Friday. You can also view the staff report after 5:00 p.m. on the Friday before the meeting at ft://www.cLtyofsanrafael.org/meetin SAN RAFAEL PLANNING COMMISSION /s/ Paul A Jensen Paul A Jensen Community Development Director At the above time and place, all letters received will be noted and all interested parties will be heard. If you challenge in court the matter described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered at, or prior to, the above referenced public hearing (Government Code Section 65009 (b) (2))• Appeals of decisions by the Planning Commission to the City Council shall be made by filing a notice thereof in writing with the required fee to the Planning Division of the Community Development Department within 5 working days of a decision involving Title 14 (Zoning) (SRMC Section 14.28.030) or within 10 calendar days of a decision involving Title 15 (Subdivisions) (SRMC 15.56.010). Sign Language and interpretation and assistive listening devices may be requested by calling (415) 485-3085 (voice) or (415) 485-3198 (TDD) at least 72 hours in advance. Copies of documents are available in accessible formats upon request. Public transportation to City Hall is available through Golden Gate Transit, Line 22 or 23. Para -transit is available by calling Whistlestop Wheels at (415) 454-0964. To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products.