HomeMy WebLinkAboutCC Resolution 12315 (Mission Ave. Condominium)RESOLUTION NO. 12315
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN ENVIRONMENTAL
AND DESIGN REVIEW PERMIT (ED06-24) AND A TENTATIVE CONDOMINIUM MAP
(TS06-01) TO DEMOLISH EXISTING RESIDENTIAL BUILDINGS LOCATED AT 524
MISSION AVENUE (BETWEEN IRWIN STREET AND GREEN WAY) IN ORDER TO
CONSTRUCT A NEW 15 -UNIT RESIDENTIAL TOWNHOUSE CONDOMINIUM
DEVELOPMENT WITH ASSOCIATED PARKING AND LANDSCAPING
(APN: 014-013-05)
WHEREAS, on March 10, 2006, West Bay Builders, the project sponsor, submitted applications
for an Environmental and Design Review Permit application, Zone Change from Medium Density
Residential (MR2.5) to Medium Density Residential (MR2) and Tentative Condominium Map with a
request for a parking concession to permit tandem parking under State Density Bonus law and a request
for an exception to the Subdivision Ordinance requirement for a condominium recreation facility, to the
Community Development Department requesting approval of a 15 -unit residential "Carriage House"
townhouse condominium development at 524 Mission Avenue with associated parking and landscaping
improvements, and
WHEREAS, on May 24, 2006, the Environmental and Design Review Permit, Zone Change, and
Tentative Map applications were deemed complete for processing; and
WHEREAS, on June 6, 2006, the Design Review Board reviewed the proposed project,
expressed their strong support for the project design and recommended approval. As part of their
recommendation, they requested that several design details be brought back for their review prior to
issuance of a Building Permit, including: the final landscape and street tree plan, roof venting, privacy
dividers for balconies, adding powder room windows on the end units facing Mission Avenue to increase
visual interest in that elevation, and landscape screening for utility meters and transformers. These
recommendations have been incorporated as conditions of approval; and
WHEREAS, upon review of the subject applications, an Initial Study/Mitigated Negative
Declaration was prepared and circulated for a 30 -day public review period on July 17, 2006, consistent
with the requirements of the California Environmental Quality Act; and
WHEREAS, on August 15, 2006, the Planning Commission held a duly noticed hearing on the
project and the Draft Initial Study/Mitigated Negative Declaration; and
WHEREAS, based upon comments received from the State agencies and local citizens in
response to the Initial Study, it was determined that there could be potentially significant impacts to
Cultural Resources; and
WHEREAS, on November 14, 2006, a Notice of Preparation (NOP) was circulated for a 30 -day
review period and based on the comments received, a Draft Environmental Impact Report (DEIR) was
prepared to address the potentially significant impacts related to Cultural Resources and Utilities and
Infrastructure; and
WHEREAS, the DEIR was circulated for a 45 -day public comment period beginning on April 3,
2007 and closing on May 18, 2007; and
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WHEREAS, the Planning Commission held a duly noticed public hearing to accept comments on
the DEIR on May 15, 2007 and directed staff to prepare a Final Environmental Impact Report (FEIR);
and
WHEREAS, on June 26, 2007, the Planning Commission considered the responses to comments
contained in the FEIR and recommended the City Council certify the FEIR in that it complies with the
requirement of CEQA and that a Statement of Overriding Considerations be adopted with regard to the
significant unavoidable impact upon Cultural Resources, in a separate resolution; and
WHEREAS, on June 26, 2007, the Planning Commission considered the application for
Rezoning the property from Medium Density Residential (MR2.5) to Medium Density Residential (MR2)
and recommended approval by the City Council, in a separate resolution; and
WHEREAS, on June 26, 2007, the San Rafael Planning Commission held a duly -noticed public
hearing on the proposed Environmental and Design Review Permit, Zone Change, and Tentative
Condominium Map, accepting all oral and written public testimony and the written report of the
Community Development Department staff; and
WHEREAS, on July 16, 2007, the City Council held a duly noticed public hearing on the
proposed Environmental and Design Review Permit (ED06-24) and Tentative Condominium Map (TS06-
01), accepting all oral and written public testimony and the written report of the Department of
Community Development; and
WHEREAS, the custodian of documents which constitute the record of proceedings upon which
this decision is based is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED, that the City Council makes the following findings
related to the Environmental and Design Review Permit and Tentative Condominium Map:
Environmental and Design Review Permit Findings
1) The proposed project would be consistent with the General Plan 2020 and the purposes of Zoning
Ordinance Chapter 25 (Environmental and Design Review Permits) given that the proposed project
would be consistent with Land Use Policies LU -2, (Development Timing); and LU -8 (Density of
Residential Development), Housing Policies H-3 (Design that Fits into the Neighborhood Context),
H -4a (Neighborhood Meetings), H -18b (Efficient Use of Multifamily Housing Sites), H -19a
(Inclusionary Housing Requirements), and H-21 (Density Bonuses); Neighborhood Policies NH -2
(New Development in Residential Neighborhoods), NH -5 (Safe Streets), NH -121 (Mix of Housing),
NH -125 (Design Blend) and NH -129 (Neighborhood Parking); Community Design Policies CD -1d
(Landscape Improvements), CD -4 (Historic Resources), CD -14 (Recreational Areas) and CD19a
(Lighting); Circulation Policy C-5 (Traffic Level of Service Standards); Infrastructure Policy I-8
(Street Trees); Parks and Recreation Policy: PR -10 (Onsite Recreation Facilities), Safety Policies S-3
(Use of Hazard Maps in Development Review), S-4 (Geotechnical Review), S-6 (Seismic Safety of
New Buildings), S-18 (Storm Drainage Improvements) and 5-32 (Safety Review of Development
Projects); Noise Policies: N-1 a (Noise Impacts on New Projects), N-2 (Exterior noise levels for
residential uses) and N-3 (Planning and Design of New Development); Conservation Policy CON -22
(Resource efficiency in Site Development), and AW -8 (Reduce Pollution from Urban Runoff) in that:
a) The City's Traffic Engineer has determined that the project would not exceed the level of service
(LOS) F; the project would not require circulation improvements to maintain the LOS; and
utilities exist at the site and the project would continue to be served by the Marin Municipal
Water District, San Rafael Sanitation District, and other public agencies, which have adequate
capacity to serve the project;
b) The project would provide 15 townhouse condominium units consisting of 13 market rate units,
at the maximum end of the zoning range, plus two below market rate units based upon State
Density Bonus law, thereby increasing housing at the site consistent with City and State
affordable housing requirements;
c) The two-story design meets zoning setback standards, is sufficiently articulated, and proposed
materials and forms are compatible with the surrounding neighborhood;
d) A Neighborhood Meeting was noticed and held on April 26, 2006;
e) The project proposes 15 units and would be consistent with the General Plan 2020 Land Use
designation of Medium Density Residential, the density would be at the upper end of the
proposed zoning Residential Medium Density (MR2), and would meet the requirements for
Density Bonus provided in California Government Code Section 65915;
f) The project would provide 2 below market rate units affordable to low-income levels, consistent
with the City's Inclusionary Housing requirement of 15% for projects with 11-20 units;
g) The proposed project would meet the requirements of State law to receive a density bonus and
would meet the criteria for application of one concession which the applicant has requested by
application of State parking standards to permit tandem parking and a maximum of 2 parking
spaces per unit;
h) The project has been reviewed by the City's Design Review Board on June 6, 2006 and the
architecture of the project was considered appropriate for the project site given the existing
surrounding development and setting and would provide adequate parking based upon State
standards;
i) The project's landscape plan would retain the existing mature street trees and the site plan
eliminates several existing curb cuts on the three project frontages thus maintaining a safe and
attractive streetscape;
j) The proposed multi -family townhouse condominium development would maintain the existing
multi -family use of the site and the mix of housing in the neighborhood;
k) The Design Review Board concluded that the project design was attractive and consistent with
the character of the neighborhood;
1) The project would eliminate several existing curb cuts on its three frontages, thereby increasing
available on -street parking;
m) The landscape plan includes generous amounts of landscaping to accent the proposed residential
development;
n) The project would incorporate mitigation measures to document the historical character of the
"workforce bungalow housing" located at 524 Mission Avenue and will be made available to
local libraries and the Marin History Museum;
o) The applicant has requested an exception to the requirement for on-site recreational areas because
of the limited site area (0.6 acres), the desire to enhance the individual homes through provision
of private yards and balconies, and to minimize noise and disturbance for neighbors that might
occur with a recreation facility;
p) The Design Review Board reviewed the project lighting plan and found that it was appropriate to
minimize light and glare;
q) The traffic study determined that the project would generate a net total of 3 AM peak hour trips
and 4 PM peak hour trips and the City's Traffic Engineer has determined that the additional trips
would not impact the Mission and Irwin intersection and LOS;
r) The project landscape plan (Sheet L1.1) provides for preservation of most of the existing
Sycamore and Ash street trees and adoption of this plan, as recommended by staff, neighborhood
organizations and the Design Review Board;
s) The applicant has requested an exception to the requirement for on-site recreational areas because
of the limited site area (0.6 acres), the desire to enhance the individual homes through provision
of private yards and balconies, and to minimize noise and disturbance for neighbors;
t) Planning staff reviewed all applicable maps (slope stability, seismic, and flood) as part of the
California Environmental Quality Act Initial Study investigation of the project and no significant
slope stability, seismic, and/or flood issues were identified;
u) A geotechnical report was prepared and reviewed by the Public Works Department and found to
be satisfactory and no significant impacts were identified;
v) The project would be constructed to meet the seismic requirements of the California Building
Code;
w) The project has been reviewed by the City's Storm Water Pollution and Prevention Program
Manager and would be conditioned to meet the requirements of MCSTOPP;
x) The project design was reviewed by the Police Department and Fire Department and specific
conditions of approval will be incorporated to ensure crime prevention and fire prevention
techniques are implemented;
y) An acoustical study was prepared and the project would be consistent with the Noise Ordinance
and General Plan Policies with the installation of sound -rated facades, windows and doors and
provision of forced air mechanical ventilation system for all of the proposed units;
z) The project contains balconies at the rear of units, interior to the site for which a Ldn of 65 would
be expected;
aa) The project has been designed to minimize noise by providing required building setbacks and the
acoustical study identified the need for installation of sound -rated facades, windows and doors
and provision of forced air mechanical ventilation system for all of the proposed units for the
project to be consistent with the Noise Ordinance and General Plan Policies;
bb) The project landscape plan retains most of the existing street trees, which would maintain existing
shading of the proposed units;
cc) The proposed project would implement a storm water pollution and prevention plan (SWPPP)
and Best Management Practices to minimize impacts on water quality and non -point source
pollution.
2) The proposed project would be consistent with the purposes of the Zoning Ordinance and the San
Rafael Guidelines in that: 1) the project would be consistent with the purposes of the Rezoning to
Medium Density Residential (MR2) District in that the project would create a medium density
residential project; 2) the project would comply with the Medium Density Residential (MR2)
development standards which include landscaping, lot coverage, outdoor area, and setbacks; 4)
adequate parking and circulation would be provided for the proposed use based upon the parking
standards provided in State law (Section 65915), 5) the project would provide visual interest by
architecturally breaking up the facade and roof lines along Irwin Street, Mission Avenue and Green
Way; 6) the project would provide well-defined pedestrian entries along all frontages; 7) the proposed
buildings would be oriented toward Irwin Street and Green Way and provide partial subterranean
parking garages for the individual units; 8) the project design would break up the building facade by
staggering the wall lines, providing gable rooflines and trellises at front entries; and 9) the project has
been designed to incorporate a "Craftsman" style architecture to respect the setting of the
neighborhood and project site.
3) The proposed project minimizes adverse environmental impacts and would not be detrimental to the
public health, safety or welfare or materially injurious to properties or improvements in the vicinity as
documented in Findings 1 and 2 above and given that the recommendations from other City
departments and outside agencies have been incorporated into the conditions of approval. In addition,
the Environmental Impact Report found that, with the implementation of mitigation measures, the
project would have a less than significant impact on the environment on Archaeological Resources
and Utilities and Infrastructure; however, the demolition of the existing duplexes that meet the criteria
for significance of the California Register would be a significant unavoidable impact for which a
Statement of Overriding Considerations has been adopted by separate resolution.
Tentative Map Findings
1) Based on Environmental and Design Review Permit Findings 1, 2, and 3, the proposed Tentative
Condominium Map would: 1) be consistent with the San Rafael General Plan; 2) be physically
suitable for the type and density of development that is proposed; 3) not cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat; 6) not
likely cause serious health problems; and 7) not conflict with easements, acquired by the public at
large, for access through or use of, property within the proposed subdivision. In addition, the City's
Land Development Engineer has reviewed the proposed Tentative Condominium Map and
recommended conditional approval.
2) The applicant has requested an exception to Section 15.12.060(a) "Recreational Facilities" and
General Plan Policies CD -14 and PR -10 that require provision of a recreational facility in multi-
family developments. The size and type of the development is not suitable for a community center or
recreational center building within the development. However, in accordance with Section
15.12.060(b) and (c), the project provides pedestrian paths around and within the development, as
well as common areas for outdoor active and passive recreation.
3) The applicant has proposed that two of the project units be affordable to low-income households and
has requested the application of a State Density Bonus, consistent with the requirements of California
Government Code Section 65915, to permit two bonus units for a project total of 15 units and the
application of State parking standards which require two parking spaces per unit that can be tandem
parking, for a total of 30 garage parking spaces plus 3 guest parking spaces for a project total of 33
spaces.
Exception to the Subdivision Ordinance
1) That there are special circumstances and/or conditions of the property proposed for subdivision that
warrant the approval of the exception;
The request for an exception to Section 15.12.060(a) to provide a common recreation facility within a
subdivision is based upon the limited project site area of 0.6 acres located within a densely developed
neighborhood. Providing 15 residential units with private front yards and a common interior parking
court precludes providing a separate facility for recreation.
2) That the exception is necessary for the preservation and enjoyment of a substantial property right of
the subdivider or property owner; and
The property owner requests this exception in order to provide the proposed medium density
development that includes two density bonus units in a pattern of housing units with private yards, as
opposed to a common recreation building, that is consistent with the neighborhood.
3) That the granting of the exception will not be detrimental to the public welfare or injurious to other
property in the vicinity in which the property is situated.
The granting of the exception would not be detrimental to the public welfare nor injurious to other
property in the vicinity because the proposed development conforms to the pattern of development
within the neighborhood where residential units have private yards for recreation purposes and
separate recreation buildings are not provided. In addition, the neighborhood association (MARA) has
expressed concern that a recreation building might cause late night noise that would be disruptive to
the neighborhood.
NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby approve the
Environmental and Design Review Permit and Tentative Condominium Map for the project subject to the
following conditions of approval:
Mitigation Measures
1. The street Sycamores and large tree at the corner of Mission and Green Way are important to the
character and setting of the whole neighborhood and shall be retained. Preserving the existing
plantings will help retain some of the historic character of the streetscape. The trees shall be protected
with orange safety fencing during construction.
2. Copies of the 12 -page CHRC report on the history and background of the Esther Schwartz Duplexes
shall be donated by the project applicant to the Marin History Museum, the San Rafael Public
Library, the Marin County Library, and the Northwest Information Center of the California Historical
Resources Information System, Rohnert Park, California. A CD with digital photographs of the
building elevations (prepared by CHRC as part of the Evaluation of Historical and Architectural
Significance, May 2006) shall also be provided to each repository. A nominal $300 donation by the
project applicant to the Marin History Museum to curate, accession and potentially exhibit said
materials in the future shall be made prior to project construction.
3. A focused Archaeological Sensitivity and Testing Plan (ASTP) shall be prepared and implemented by
a qualified professional archeologist prior to any ground -disturbing activity.
The purpose of the ASTP will be to assess: the likelihood that CRHR-eligible archaeological
resources or human remains are present within the project area; the extent of disturbance to these
potential archaeological remains from existing buildings; the potential effect of the project on these
remains; to determine whether it is necessary to conduct archaeological test excavations to identify
potential remains; and, if appropriate, to design an appropriate archaeological testing plan. The ASTP
shall come to one of the following conclusions: (1) the finding that archeological resources are
unlikely to be present, which would result in no further action; or (2) the finding that archeological
resources may be present and, consequently, a requirement that archaeological test excavations shall
be conducted according to the plan presented in the ASTP. The ASTP shall be reviewed and approved
by the responsible City official before it is implemented.
If the ASTP determines that archaeological test excavations are necessary, the work shall be
conducted by a qualified professional archaeologist prior to the commencement of any project -related
ground disturbance. The purpose of archaeological test excavations shall be to: identify any
archaeological remains within the project area; evaluate the remains to determine if they constitute
historical resources for the purposes of CEQA compliance; and to offer recommendations to the
landowner and the responsible City official for the appropriate treatment of significant remains.
If archaeological test excavations identify CRHR-eligible archaeological resources, an
Archaeological Mitigation Plan (AMP) shall be prepared and implemented. The AMP shall conform
to the State Office of Historic Preservation's "Archaeological Resource Management Reports"
(1990). The AMP shall include provisions for both data recovering excavations per CCR 15126.4 and
construction monitoring, as appropriate. The AMP shall be approved by the responsible City official
before it is implemented.
4. Native American tribes consider the remains of their ancestors sacred. Consequently, impacts to these
remains cannot be entirely mitigated by scientific excavation. Prior to the commencement of any
ground disturbance in the project area, including the archaeological testing referred to above, the
landowner or his authorized representative shall consult with the appropriate Native American group
having traditional authority over the project area. The goal of the consultation shall be to formulate
procedures for the treatment of Native American human remains, should any be uncovered during
archaeological excavation or construction -related activities.
Should human remains be encountered, the following protocol shall be observed (per Title 14 CCR
15064.5[e]) in addition to any procedures developed during consultation:
a. There shall be no further excavation or disturbance of the site or any nearby area reasonably
suspected to overlie adjacent human remains until the Coroner has been informed and has
determined that no investigation of the cause of death is required.
b. A qualified professional archaeologist shall be contacted to assess the situation and offer
recommendations.
c. If the remains are of Native American origin, the landowner or his authorized representative shall
contact the Native American Heritage Commission to identify the Most Likely Descendant. That
individual shall be asked to make a recommendation to the landowner for treating or disposing of,
with appropriate dignity, the human remains and any associated grave goods as provided in PRC
Section 5097.983.
d. If the Most Likely Descendant fails to make a recommendation or the landowner or his
authorized representative rejects the recommendation of the descendant, and if mediation by the
Native American Heritage Commission fails to provide measures acceptable to the landowner,
then the landowner or his authorized representative shall rebury the Native American human
remains and associated grave goods with appropriate dignity on the property in a location not
subject to further subsurface disturbance.
Tentative Condominium Map (TS06-01)
Public Works Department
1. This project is located in the designated Zone B in the Flood Insurance Rate Map.
2. Submit engineered plans on paper size 24"X 36" showing all existing and proposed site
improvements, such as grading, storm and sanitary sewers, underground service utilities, fire
hydrants, street lights, utility boxes, etc. for review and approval by the Department of Public
Works, prior to acceptance of map.
3. All improvements inside the development shall remain private unless otherwise dedicated and
accepted by the City.
4. The site plan shall include grading and drainage plans, contours and existing conditions 30 feet
beyond the project boundaries.
5. Delineate and describe all existing easements mentioned in the preliminary title report.
6. Show on plan and final map all existing and new easements within the subdivision.
7. No structures are permitted over any dedicated public utility, storm and sanitary sewer easements.
8. Any work in the public right-of-way will require an encroachment permit. This is a very traffic
sensitive area, which requires restricted work hours.
9. The requested tandem parking in the garages is approved.
10. All improvements will conform to the San Rafael Municipal Codes, Cities and County of Marin
standard specifications and uniform construction standards and Americans with Disabilities Act
(ADA) requirements.
11. Submit photometric study for the development and sidewalks fronting the development and
Greenway to ensure sufficient lighting.
12. Submit final map and condominium plans and required fees, in accordance and conformance with
the Subdivision Map Act and San Rafael Subdivision Ordinance, for review and approval by the
City Engineer and Community Development Director, prior to acceptance of final map.
Condominium plans shall be recorded at the County Recorder's Office.
Plans and Agreement and Securities.
13. Project CC&Rs shall be reviewed and approved by the City Attorney's office prior to submittal of
final map. Cc&Rs must be recorded concurrently with the final map.
14. Applicant shall enter into a Subdivision Improvement Agreement with the City including bonds
for all public and on-site improvements, payment of plan checking and inspection fees, prior to
acceptance of final map.
15. Submit Engineer estimate for site and frontage improvements for bond purpose. Estimate to be
approved by City Engineer.
16. The required bonds or other approved security will be furnished to the City in accordance with
the Subdivision Agreement to ensure completion of improvements for both public and common
area.
17. Prior to acceptance of final map, plan checking and inspection fee shall be paid based on
approved engineer estimate for both the public and common areas in accordance with the City's
master fee schedule.
18. Submit improvement and grading plans, conforming to the approved tentative improvement
plans, conditions of approval, adopted mitigation measures, geotechnical report and response, etc.
19. A Level B Geotechnical Investigation Report with peer review is required. The applicant shall
make a $5,000 deposit with the City Engineer to cover the cost for a geotechnical peer review.
20. Final grading, drainage and foundation plan shall be prepared in accordance with the
recommendations of the geotechnical report and supplemental letters. The plans shall be reviewed
and approved by the soil engineer.
21. Submit as -built improvement plans on 24"X 36" mylar with final soil report and certifications
upon completion of the subdivision agreement.
22. Submit construction management plan for approval by the City, prior to construction or
acceptance of map, whichever comes first.
Storm Drainage
23. The improvement plans shall show existing and proposed drainage facilities.
24. Do not block or divert drainage onto adjoining properties; or onto fill slopes; or over sidewalks or
driveways. Re-route private drainage if necessary. Televise existing storm facilities fronting the
development and repair/replace facilities as required by the City.
25. Submit hydrology and hydraulics analysis on the project site, based on 10 -year and 100 -year
storm frequency for pre- and post -construction. Provide calculation and show on plan method to
retain and delay increase runoff during peak flow.
26. All downspouts shall be directed to landscaping area for treatment before discharge into City
storm drainage system.
27. Applicant may be required to extend storm drain system on Mission Avenue from the existing
catch basin on Irwin/Mission to Green Way.
28. Applicant may be required to extend storm drain system on Irwin Street from existing catch basin
on Irwin Street/Mission Avenue to the limit of development, or install drainage facility at the
limit of development on Irwin Street to intercept drainage in gutter to existing storm drain on the
west side of Irwin Street.
29. Design drainage system to ensure that no public water from the City storm drain enters private
property or private storm drainage system. Any preventive facility shall be maintained by the
Homeowners Association and shall be addressed in the CC&Rs.
30. A Storm Water Pollution Prevention Plan is required and must be approved by the Storm Water
Program Division, prior to acceptance of final map. The Storm Water Program shall provide:
a. All roof downspouts shall be directed to landscaping area for treatment before discharge
into City storm drainage system.
b. Storm water runoff from development must be treated before discharge into storm drain.
c. Underground garages shall be plumbed into the sanitary sewer system — contact San
Rafael Sanitation District for requirements.
d. Pavement shall be of a type that will filter surface water and runoff.
e. Prior to issuance of a building permit, applicant shall enter into a maintenance agreement
with the City to maintain storm water controls and provide a yearly report.
f. A Best Management Practice plan shall be included in the building plan submittal.
31. Replace all existing frontage improvements on Irwin Street, Mission Avenue and on Green Way.
Redesign to ensure sufficient grade in gutter for drainage. Replace existing catch basin with new
city standard catch basin.
Sanitary Sewers
32. The improvement drawing shall show the location of existing and proposed sanitary sewers
facilities.
33. All sewers shall be PVC, type C900, design with flexible, water -tight joints to accommodate
predicted settlement.
34. The sanitary sewer shall be designed, installed and tested in accordance with the San Rafael
Sanitation District specifications and drawing.
35. If the applicant does not plan to use the existing sewer lateral(s), they will need to abandon
it/them according to the District's Standard Specifications, which require the lateral(s) to be
capped off at both ends.
36. The District will require the payment of a sewer connection fee for each living unit beyond the
ten (10) previously existing units.
Streets and Traffic
37. Street and traffic design shall conform to the Cities and County of Marin standard specifications
and uniform construction standards, unless otherwise noted or approved by appropriate
departments of the City of San Rafael.
38. The improvement plans shall show vertical and horizontal alignments of roadway.
39. Typical street sections shall be as shown as per approved tentative map and plans.
40. The onsite traffic circulation and parking plan shall be subject to the approval of the Traffic
Engineer and by the Fire Marshal.
41. The parking and on site pavement shall be designed to a traffic index determined by the Traffic
Engineer. It shall be designed by the soil engineer/civil engineer and will be submitted to the
Traffic Engineer for approval.
Utilities
42. The improvement plans shall show all proposed and existing utilities, including locations of fire
hydrant, street light, utility boxes and services, etc.
43. All utilities shall be underground.
44. Provide letter from the respective utility companies:
a. Guaranteeing availability and ability to provide services
b. Review of plans and map for inclusion of easements and soil report, prior to final map
approval.
45. Prior to recordation of the final map, written verification shall be submitted from each of the
respective utility companies indicating that they have reviewed the utility plan and the soil report.
46. Fire hydrants shall be installed in public utility easements (P.U.E.) as required by the Fire
Department.
Planning Division
47. Prior to issuance of a Building Permit or prior to the recordation of the final map, whichever
occurs first, the developer shall pay to the City in lieu parkland dedication fees for 15 new units
in accordance with the provisions of City Council Ordinance No. 1558. Parkland dedication in
lieu fees are based on 1989 dollars at this time. Adjustments to this figure may be necessary at the
time of fee payment if the fair market value for parkland and associated improvements is adjusted
in accordance with Section 15.38.045 of the Ordinance. The fee for 15 units shall be $29,519.64.
48. Prior to recordation of a final map, the Conditions, Conveyances, and Restrictions (CC&Rs) shall
be reviewed and approved by the City Attorney's Office. The CC&Rs shall include a condition
not allowing storage on exterior decks, patios, or balconies.
49. Prior to approval of the final map, the applicant shall enter into a below market rate (BMR)
agreement approved by the City Council. Consistent with General Plan Policy, the BMR units
shall be constructed on site and shall consist of the following units and affordability requirements:
two (2) below market rate units affordable to low-income households earning at or below 65% of
Marin County median income.
50. Prior to the issuance of a Building permit, the final map shall be recorded.
51. This Tentative Map approval shall be valid until July 17, 2009 unless a final map has been
recorded or a time extension is granted.
Environmental and Design Review Permit (ED06-24)
Planning Division
1. This Environmental and Design Review Permit (ED06-24) shall be valid for two years, or until July
17, 2009, unless a building permit has been issued and remains valid, or a time extension is granted.
2. The San Rafael "Carriage House" Townhouse Condominium project consists of 15 townhouse
condominium units with partially underground parking garages containing 30 tandem parking spaces,
3 guest parking spaces, and related landscaping and other improvements. The building techniques,
materials, elevations and appearance of the project, as presented for approval on plans prepared by
Christiani Johnson Architects, dated stamped Approved July 17, 2007, shall be the same as required
for issuance of a building permit. Minor modifications or revisions to the project shall be subject to
review and approval of the Planning Division. Modifications deemed not minor by the Community
Development Director shall require review and approval of the Design Review Board and Planning
Commission.
3. Prior to the issuance of a demolition permit, the applicant shall submit written verification from a pest
control consultant indicating that the project site has been serviced to eliminate rodents.
4. Prior to the issuance of a building permit the applicant shall submit written verification from Marin
Sanitary Service (MSS) indicating that the project's trash service meets MSS requirements.
5. Prior to issuance of a building permit, the applicant shall submit written verification from the Marin
Municipal Water District indicating that the District's requirements of have been met.
6. All exterior lighting shall be shielded down. Following the issuance of a certificate of occupancy, all
exterior lighting shall be subject to a 30 -day lighting level review by Planning Division staff to ensure
compatibility with the surrounding area.
7. Prior to the issuance of a building permit, plans shall be submitted with details of the roof vents, final
landscape plan, addition of windows at the powder rooms on the two Mission Avenue end units,
addition of balcony privacy screening, and landscape screening of utility meters and transformers for
review and approval by the Design Review Board.
8. Prior to the issuance of a building permit, any outstanding Planning Division fees shall be paid.
9. Prior to the issuance of a building permit, the applicant shall submit verification of compliance with
Section 14.16.279 of the Zoning Ordinance, requiring provision of relocation assistance to tenants.
Verification shall include a list of tenants existing on June 26, 2007, copies of notices to tenants as
required by Section 14.16.279(C), copies of responses from tenants to the required notices, copies of
payments made to tenants and copies of correspondence to tenants with referral to the Marin Housing
Assist Line to obtain a list of low-income rental units in the area.
10. All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances
not entirely enclosed within the structure (on side of building or roof) shall be screened from public
view. The method used to accomplish the screening shall be indicated on the building plans and
approved by the Planning Division.
11. Prior to final occupancy, all landscaping and irrigation shall be installed prior to the occupancy of the
building or the property owner shall post a bond in the amount of the estimated landscaping/irrigation
cost with the City of San Rafael. In the event that a bond is posted, all areas proposed for landscaping
must be covered with bark or a substitute material approved by the Planning Division prior to
occupancy.
12. Prior to final occupancy, the landscape architect shall submit a letter to the Planning Division,
certifying that the landscaping has been installed in accordance with all aspects of the approved
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landscape plans, that the irrigation has been installed and been tested for timing and function, and all
plants including street trees are healthy.
13. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. Any
dying or dead landscaping shall be replaced in a timely fashion.
14. Prior to final inspection, the applicant shall submit an acoustical report to the Planning Division
indicating that the internal noise levels of the residential units are consistent with the City noise
standards.
15. Prior to final inspection, the applicants shall request an inspection from the Planning Division and
submit a two-year maintenance contract for landscaping or post a two-year maintenance bond.
16. If, during the course of construction, cultural, archaeological or paleontological resources are
uncovered at the site (surface or subsurface resources) work shall be halted immediately within 50
meters (150 feet) of the find until the resources can be evaluated by a qualified professional
archaeologist. The City of San Rafael Planning Division and a qualified archaeologist (i.e., an
archaeologist registered with the Society of Professional Archaeologists) shall be immediately
contacted by the responsible individual present on-site. When contacted, the project planner and the
archaeologist shall immediately visit the site to determine the extent of the resources and to develop
proper mitigation measures required for the discovery.
17. Plans submitted for a building permit shall include a plan sheet, which incorporates these conditions
of approval.
Fire Department
18. Based on Uniform Building or Fire Code requirements, an automatic sprinkler system shall be
installed throughout conforming to NFPA Standard 13R.
19. Care must be taken to assure that the basement remains a basement, by California Building Code
definition. If that area becomes a first floor, then the building becomes a three-story building and two
exits would be required on a third floor over 500 square feet in area.
20. The alarms from fire detection systems and commercial fire sprinkler systems shall be monitored by a
UL Central Station Company approved by the San Rafael Fire Department and be issued a UL
serially numbered certificate for Central Station Fire Alarms.
21. A fire retardant roof covering is required with a minimum Class "A" listing.
22. UL/SFM smoke detectors and openable bedroom windows shall be installed conforming to the
California Building Code.
23. A Fire Department approved Knox Keyway System is required to be installed conforming to Fire
Prevention Standard 202.
Public Works Department
24. Prior to issuance of a building permit, a traffic mitigation fee for 13 peak -hour trips in the amount of
$55,198 (adjusted annually on the Lee Saylor Construction Cost Index) shall be paid to the Building
Division.
25. Grading plan shall show all proposed and existing contours.
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26. Final grading, drainage and foundation plan shall be prepared in accordance with the recommendation
of the geotechnical report and review.
27. No mass grading is to be done between from October 15 through April 15 without the approval of the
City Engineer.
28. A Storm Water Pollution and Prevention Plan (SWPP) shall be reviewed and approved by the Storm
Water Prevention Manager prior to issuance of a grading permit.
29. An erosion control plan, in compliance with the Best Management Practice, must be implemented,
prior to October 15 and shall be maintained to at least through April 15. Contractor shall be
responsible for any silt and/or debris deposition in the existing downstream drainage facilities.
Contractor shall be required to clean all debris in the downstream facilities if so directed by the
Department of Public Works Department.
30. All earth and foundation work shall be performed under the direction of the project soil engineer in
accordance with the soil report and supplements for the project site. A final soil report, including
certification shall be submitted, prior to the construction of the foundation.
31. All construction staging must be on project site.
32. No lane closure on Mission Avenue or Irwin Street will be permitted without an approved traffic
control plan.
33. Prior to issuance of Building Permit, the applicant shall submit a comprehensive staging and traffic
control plan for review and approval. The plan shall include agreements to pay for any City's staff,
including police department, overtime incurred for traffic control during the duration of the project
construction.
34. No sidewalk closure on Irwin Street and on Mission Avenue will be permitted without an approved
sidewalk closure plan.
35. Provide calculation for sewer flow and check sufficiency of existing sewer main on Lincoln
Avenue/Mission Avenue.
36. Prior to the issuance of a building permit, televise existing storm and sanitary sewer facilities fronting
development and agree to repair/replace facilities as required by the City or SRSD. See item 20 (f)
and 20 (g) above, present findings of condition of pipelines to the Public Works Department.
37. The visitor parking spaces are acceptable at 8' x 20' in size. The driveway width of 20' is also
accepted.
San Rafael Sanitation District
38. Prior to issuance of a building permit, a sewer connection fee shall be paid to the Building Division.
The fee is based upon the difference in the existing 10 units versus the proposed 15 units.
Building Division
39. Prior to issuance of a demolition permit for the existing buildings, the project sponsor shall submit
verification that the requirements of the Bay Area Air Quality management District (BAAQMD) have
been met and necessary permits have been issued for demolition of the existing building.
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40. The project sponsor shall inform the contractor, general contractor or site supervisor of these
requirements and shall be responsible for informing subcontractors of these requirements and for
implementing these measures on the site.
41. Prior to demolition of the existing structure, loose and peeling lead-based paints (LBP) shall be
removed under controlled procedures and all asbestos -containing materials (ACM) and other
environmentally hazardous building materials shall be removed and disposed of in accordance with
the requirements of the BAAMQD, the California Environmental Protection Agency (CAL/EPA), the
California Occupational Safety and Health Administration (CAL/OSIIA) and the Department of
Health Services.
42. The following measures shall be implemented during the demolition process:
a. Watering shall be used to control dust generation during demolition of structures and
breakup of pavement.
b. All trucks hauling debris from the site shall be covered.
c. Dust -proof chutes shall be used to load debris into trucks whenever feasible.
43. A dust control coordinator shall be designated for the project. The name, address and telephone
number of the dust coordinator shall be prominently posted on site, and shall be kept on file at the
Planning Division. The coordinator shall respond regarding dust complaints promptly (within 24
hours) and shall have the authority to take corrective action.
44. The design and construction of all site alterations shall comply with all applicable codes and
regulations in effect at the time of plan submittal and building permit issuance. Currently the
applicable codes are the 2001 California Building Code, 2001 Plumbing Code, 2001 Electrical Code,
and 2001 California Mechanical Code.
45. A building permit
is required for the proposed work.
complete sets of construction drawings to include:
a)
Architectural plans
b)
Structural plans
C)
Electrical plans
d)
Plumbing plans
e)
Mechanical plans
f)
Fire sprinkler plans
g)
Landscape/irrigation plans
h)
Site/civil plans
i)
Structural Calculations
j)
Truss Calculations
k)
Soils reports
1)
Title -24 energy documentation
Applications shall be accompanied by four (4)
46. The occupancy classification, construction type and square footage of each building shall be specified
on the plans in addition to justification calculations for the allowable area of each building.
47. The building shall have address numbers posted in a conspicuous place, clearly visible from the
street. Numbers should be minimum 4" in height, contrasting in color to their background, and either
internally or externally illuminated.
48. Fire sprinklers will be required throughout the buildings. Separate application by a C-16 contractor is
required.
49. Any demolition of existing structures will require a permit. Submittal shall include three (3) copies of
the site plan, asbestos certification and PG&E disconnect notices. Also, application must be made to
the Bay Area Air Quality Management District prior to obtaining the permit and beginning work.
50. School fees will be required for the project. School fees for residential construction is currently
computed at $2.05 per square foot of new living area, Commercial space is computed at $0.33 per
square foot of new building area. Calculations are done by the San Rafael City Schools, and those
fees are paid directly to them prior to issuance of the building permit.
51. With regard to any grading or site remediation, soils export, import and placement; provide a detailed
soils report prepared by a qualified engineer to address these procedures. In particular the report
should address the import and placement and compaction of soils at future building pad locations and
should be based on an assumed foundation design. This information should be provided to Building
and Engineering Division for review and comments prior to any such activities taking place.
52. A grading permit may be required for the above-mentioned work.
53. Prior to building permit issuance for the construction of each building, geotechnical and civil pad
certifications are to be submitted.
Police Department
54. The street numbers shall be displayed in a prominent location on the street side of the property in
such a position that the number is easily visible to approaching emergency vehicles. The numbers
shall be no less than 24 inches in height and shall be of a contrasting color to the background to which
they are attached. The address numbers shall be illuminated during darkness.
55. Exposed roof vents and ducts shall be grated or constructed of an impact -resistant material to the
satisfaction of the Police Department.
56. Perimeter walls, fences, trash storage areas, etc., shall be built to limit if not in fact prevent access to
the roof or balconies.
57. All exterior man doors shall be of solid core construction with a minimum thickness of one and three-
fourths inches (1-3/4") or with panels not less than nine -sixteenths inches (9/16") thick.
58. Metal -framed glass doors shall be set in metal door jambs and have a dead -bolt lock with a cylinder
guard and a hardened steel throw that is a minimum of one inch (I ") long.
59. Exterior jambs for doors shall be so constructed or protected to prevent violation of the function of
the strike plate from outside. The strike plate shall be secured to the jamb by a minimum of two
screws which must penetrate into the solid backing beyond the jamb.
60. Exterior doors that swing outward shall have non -removable hinge pins.
61. In -swinging exterior doors shall have rabbeted jambs.
62. Glass on exterior doors or within 40 inches of an exterior door shall be break -resistant or glass -like
materials to the satisfaction of the Police Department.
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63. All windows within 12 feet of the ground level shall have a secondary lock mounted to the frame of
the window. The secondary lock shall be a bolt lock and shall be no less than one-eighth inch (1/8")
in thickness. The lock shall have a hardened steel throw of one-half inch (1/2") minimum length.
Any window in or within 40 inches of an exterior door shall be stationary and non -removable.
64. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture.
65. Any alternative materials or methods of construction shall be reviewed with the Crime Prevention
Officer before installation.
66. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to
occupancy.
67. Signs shall be posted and driveways/curbs/parking areas shall be painted red which have emergency
access lanes.
68. All exterior lighting shall be sufficient to establish a sense of well-being to the pedestrian and one that
is sufficient to facilitate recognition of persons at a reasonable distance. Type and placement of
lighting shall be to the satisfaction of the Police Department.
69. All exterior lighting shall be vandal -resistant.
70. All exterior lighting shall be on a master photoelectric cell set to operate during hours of darkness.
71. A minimum of one -foot candle at ground level overlap shall be provided in all exterior doorways,
walkways, and vehicle parking areas.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the forgoing resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council held Monday, the
16`h of July, 2007, by the following vote, to wit:
AYES:
Councilmembers:
Cohen, Heller, Miller, Phillips and Mayor Boro
NOES:
Councilmembers:
None
ABSENT:
Councilmembers:
None
AX' .
J AIM. LE ONCIiVI, City Clerk