HomeMy WebLinkAboutCC Resolution 10864 (McInnis Park Apartments)RESOLUTION NO. 10864
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN ENVIRONMENTAL
AND DESIGN REVIEW PERMIT (ED00-146) FOR AN 8 -UNIT ADDITION TO AN EXISTING
98 -UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT 10-95 NORTH
AVENUE (MCINNIS PARK APARTMENTS 1)
(APN 155-251-54)
The City Council of the City of San Rafael finds and determines that:
WHEREAS, on November 20, 2000, planning applications were submitted by McInnis
Housing Partners to the Community Development Department, Planning Division, requesting
approval of a Planned Development District amendment and Environmental and Design Review
Permit to allow 8 additional studio units to an existing 98 -unit planned multi -family residential
development; and
WHEREAS, on December 14, 2000, planning applications that were submitted were
reviewed and deemed complete for processing by the Planning Division; and
WHEREAS, by adoption of a separate Ordinance, the San Rafael City Council has adopted
a Planned Development (PD) Rezoning request (ZC00-13), which establishes the appropriate
development regulations and land use limitations for the proposed 8 -unit addition; and
WHEREAS, upon review of the application, an Initial Study/Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program was prepared for the project and
made available for public review on April 25, 2001, consistent with the requirements of the City of
San Rafael Environmental Review Procedures and the provisions of the California Environmental
Quality Act (CEQA). The City Council adopted the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program by adoption of a separate resolution; and
WHEREAS, on May 15, 2001, the City of San Rafael Planning Commission held a duly -
noticed public hearing on the proposed Environmental and Design Review Permit, accepting all
oral and written public testimony and the written report of the Community Development
Department, Planning Division. On a vote of 5-0-1 (Commissioner Scott absent), the Planning
Commission adopted Resolution No. 01-22 recommending approval of the project. The
Commissioner's recommendation included a revision to a project condition, which has been
incorporated into the Resolution herein; and
WHEREAS, on June 18, 2001, the San Rafael City Council held a duly -noticed hearing on
the proposed Rezoning as required by State law and has considered written correspondence, verbal
testimony, and staff reports relevant to the proposed Environmental and Design Review Permit.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby approves the Environmental and Design Review Permit, based on the following
findings and conditions of approval:
Environmental and Design Review Permit (ED00-146)
Findings
1. The project design is in accord with the San Rafael General Plan 2000, the objectives of the
City of San Rafael Zoning Ordinance, and the purposes of Chapter 25 in that: a) the project
proposes structures, site improvements, landscaping, parking, and architectural designs
appropriate for the setting and have been included in the proposed McInnis Park Aprartmetnts I
Expansion -Planned Development District Rezoning proposal (ZC00-13); b) Zoning
Ordinance Chapter 25 - Design Criteria findings have been made below which, together with
the proposed PD Disitrct standards, implement the General Plan design policies LU -19 through
LU -36, and; c) the the project has been reviewed by the Design Review Board to ensure that
the design is compatible with the neighborhood and surrounding environs.
2. The project design is consistent with all applicable site, architecture and landscaping design
criteria and guidelines for the Planned Development (PD) District in which the site is located in
that: a) a PD zoning ordinance has been prepared for the site containing regulations which
implement the applicable development ciriteria; b) the project has been reviewed by the Design
Review Board to ensure the project appropriately considered its setting consistent with the
Zoning Ordinance Chapter 25 — Design Review Criteria and was recommended for approval by
the Board; and c) the site plan takes advantage of the existing site features for appropriate
visual screening and preservation of the natural hillside and trees in the rear consistent with the
General Plan 2000 and Zoning Ordinance Chapter 25.
3. The project's environmental impacts have been addressed in the Mitigated Negative
Declaration prepared for the project, and the project design minimizes adverse environmental
impacts by minimizing site grading and tree removal; providing off-street parking which meets
the City's design standards; and proposes architecture, colors and materials, and landscaping
improvements that are appropriate for the setting. Furthermore, any potential environmental
impacts to air quality, cultural resources, noise, or transportation /traffic have been assessed
pursuant to the provisions of the CEQA and mitigated through the project redesign and
conditions of approval.
4. The project design will not be detrimental to the public health, safety or welfare, nor materially
injurious to properties or improvements in the vicinity given that: a) the project satisfies the
applicable Zoning Ordinance standards; b) meets Environmental and Design Review Permit
finding # 3 above; and c) has been reviewed by the Design Review Board resulting in
modifications to the project, in particular to the inclusion of garage doors and the increase of
landscaping on-site to address concerns regarding harmony with the natural landscape and
surrounding development, visual relief and mass of the proposed structure, and views of the
project from the surrounding sites.
Environmental and Design Review Permit (ED00-146)
Conditions of Approval
General Project Conditions
Planning Division
1. Project plans submitted for building permit and site development shall conform with the
building techniques, materials, elevations and appearance of this project, as presented for
approval. Any future revisions, additions, expansions, remodeling, etc. shall be subject to the
review and approval of the Community Development Department, Planning Division.
Approved design plans, exhibits and reports which are on file with the Department of
Community Development include:
• Site Plan - McInnis Park Apartments, Drawing A.1, James Guthrie & Associates,
1/25/01.
• Composite Site Plan - McInnis Park Apartments, Drawing A.1.1, James Guthrie &
Associates, 1/25/01.
• Building Plans, Elevations, Unit Plans, and Sections - McInnis Park Apartments,
Drawings A.2 — A.5, James Guthrie & Associates, 03/23/01.
• Landscape Plan and Construction Details — McInnis Park Apartments, Drawings L.1 —
L.2, Pedersen Associates, 1/30/01.
• Preliminary Grading and Drainage Plan - McInnis Park Apartments, Oberkamper and
Associates, Sheet 1, 10/19/00.
• Photomontage - McInnis Park Apartments
• Oberkamper & Associates Drainage Report Analysis Letter — McInnis Park Apartments,
pages 1, 02/20/01.
• Exterior Materials and Colors board prepared by James Guthrie a& Associates
Architects showing the following treatments:
• Composition Shingle Roof (Elk Prestique: Weatheredwood)
• Horizontal Lap Siding (2200-0300 Ext. Flat Color, Color EP -1 Body)
• Wood Trim (2200-0110 Ext. Flat, Color Stick Sample Match)
2. This Environment and Design Review Permit approval shall be valid for a period of two (2)
years, or until June 18, 2003, and shall be null and void unless a building permit has been
issued or a time extension has been applied for.
3. All landscaping shall meet the requirements of the Marin Municipal Water District
Conservation Ordinance.
Buildiniz Division
4. All utility services shall be underground.
5. A grading permit shall be required.
6. Any work in the public right-of-way requires an encroachment permit
Fire Department
7. Based on Uniform Building Code or Fire Code requirements, an automatic fire sprinkler
system shall be installed throughout conforming to NFPA Standard 13R.
A permit application shall be submitted to the Fire Prevention Bureau with two sets of plans
for review prior to installation of all automatic and fixed fire extinguishing and detection
systems. Specification sheets for each type of device shall also be submitted for review.
9. Due to the wildland fire interface area, fire retardant roof covering shall be required with a
minimum Class "A" listing.
10. UL/SFM smoke detectors and openable bedroom windows shall be installed, conforming to
the Uniform Building Code.
11. Spark arrestors shall be installed conforming to the UBC.
Conditions Required to be Satisfied Prior to Issuance of a Grading Permit
Planning Division
12. Pursuant to Mitigation Measure III.b.1 to E[Lb.6, the following requirements shall be noted on
the final grading plans prepared for the project or on a separate construction logistics plan
submitted for review and approval by the Community Development Department and
implemented during all phases of construction.
• All active construction areas shall be watered at least twice daily. A water truck or equivalent
method shall be in place prior to commencing grading operations.
• All trucks hauling soil, sand, and other loose materials shall be covered and maintain at least two
feet of freeboard.
• All paved access roads, parking areas and staging areas at construction sites shall be swept daily
with water sweepers and adjacent public streets shall be swept if visible soil material is carried
onto adjacent public streets.
• Excavation and grading activity shall be suspended when wind gusts exceed 25 miles per hour.
• The project proponent 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.
Public Works
13. The project shall employ best management practices (BMP's) during site construction and
grading. A standard BMP sheet shall be attached to construction plans submitted for building
permit.
14. The applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP).
Conditions Required to be Satisfied Prior to Issuance of a Building Permit
Planning Division
15. The applicant shall apply for and obtain a Trip Permit to authorize the transfer of 7 P.M. peak
hour trips from the General Plan reserve to this property. Approval of the Trip Permit shall be
required to authorize the development of the 8 studio apartment units.
16. The applicant shall comply with conditions of the Marin Municipal Water District to obtain
water service to the addition. Verification of compliance shall be submitted at time of building
permit application.
17. Roof venting and all mechanical top equipment proposed for the roof of the structure shall be
reviewed and approved by the Design Review Board.
18. A traffic mitigation fee of $3,052.00 dollars shall be paid for each P.M. peak hour trip generated by
the project. Total fees paid for all 8 studio apartment units shall be $21,364.00, adjusted according to
the Lee Saylor Construction Index to take into account changes in construction costs. This fee amount
is based on the 7 P.M. peak hour trips generated times a fee of $3,052.00 in January 2000 dollars.
19. All mechanical equipment such as air conditioning units, meters and transformers, and appurtenances
not entirely enclosed within the structure shall be screened from public view. The method used to
accomplish the screen shall be indicated on the building plans and approved by the Planning Division
prior to issuance of the building permit.
20. Pursuant to Mitigation Measure XV.A.1, the project developer shall prepare a Construction
Management Plan to ensure that construction related truck trips are scheduled outside of the
A.M. and P.M. peak hour traffic periods. The plan shall be submitted to the Planning Division
and City Engineer for review and approval prior to the issuance of grading or building permits.
If required based on the above plan, the project developer shall obtain transportation permits
from the City to regulate the operation of construction trucks hauling fill material into or out of
the project site.
21. Interior noise standards for bedrooms shall be consistent with State Administrative Code
Standards Title 25, Part 2.
22. The applicant/owner shall execute an instrument on the title of this property to allow reciprocal
use for shared parking, use of recreation facilities, and access for the adjacent McInnis Park
Apartments II project. Documentation of compliance with this condition shall be submitted to
the Planning Division.
Building Division
23. An engineered site improvement plan showing all existing and proposed site conditions shall
be submitted with the application for a building permit, including all existing and proposed
drainage facilities, sanitary sewer facilities, and utilities.
24. A level "B" soils report shall be submitted with the application for a building permit.
25. Grading, drainage, and foundation plans shall be reviewed by the project soils engineer for
compliance with the project soils report.
26. An erosion control plan shall be submitted with the application for a building permit. The
erosion control plan shall be based on the "Best Management Practices" of the Regional Water
Quality Control Board. The project shall employ best management practices (BMP's) during
site construction and grading.
27. The erosion control plan shall show methods for controlling erosion both during and after
construction.
28. A stormwater pollution prevention program permit (SWPPP) shall be obtained for site
development, as required by the RWQCB.
Conditions Required to be Satisfied During Construction/Grading
Planning Division
29. Pursuant to Mitigation Measure V.b.1, in the event that archaeological features, such as
concentrations of artifacts or culturally modified soils deposits including trash pits older than fifty
years of age, are discovered at any time during grading, scraping, or excavation within the property,
all work shall be halted in the vicinity of the find, the Planning Division shall be notified, and a
qualified archaeologist shall be contacted immediately to make an evaluation. If warranted by the
concentration of artifacts or soils deposits, further work in the discovery area shall be monitored by an
archaeologist.
30. Pursuant to Mitigation Measure V.d.1, if human remains are encountered during grading and
construction, all work shall stop in the immediate vicinity of the discovered remains and the County
Coroner and a qualified archaeologist shall be notified immediately so that an evaluation can be
performed. If the remains are deemed to be Native American and prehistoric, the Coroner shall
contact the Native American Heritage Commission so that a "Most Likely Descendant" can be
designated.
31. Pursuant to Mitigation Measure XI.A.1, construction hours shall be limited to 8 a.m. - 5 p.m., Monday
through Friday. Construction shall not be permitted on Saturday, Sunday or City -observed holidays.
Construction activities shall include delivery of materials, start up of construction equipment engines,
arrival of construction workers, playing of radios and other noises caused by equipment and/or
construction workers arriving at or on the site.
Buildiniz Division
32. The site shall be winterized prior to the first day of October.
Conditions Required to be Satisfied Prior to Building Occupancy
Planning Division
33. Any outstanding Planning Division application processing fees shall be paid, including the
State Fish and Game fee for filing a Notice of Determination with the County Clerk.
34. All landscaping shall be installed prior to the occupancy of the building.
35. Any invasive exotic plants such as gorse and broom shall be removed from the site prior to
occupancy of the building.
36. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and
debris. The applicant shall provide a two-year maintenance contract for landscaping or post a
two-year maintenance bond to ensure landscaping conditions are met and plantings have
established. The maintenance contract shall address maintenance of exotic removal and fire
clearance landscaping improvements.
37. Driveway and parking lot lighting shall be shielded downward and shall not produce undue
glare off-site. After issuance of a certificate of occupancy, all exterior lighting shall be subject
to a 30 -day lighting level review by the Planning Division staff to insure compatibility with the
surrounding area.
38. A below market rate (BMR) agreement shall be established and approved by the City Council.
Consistent with General Plan Policy, the 2 BMR units shall be constructed on site and shall
consist of the following units and affordability requirements: 1 unit affordable to very low-
income households, and 1 unit affordable to low-income households, for 40 years.
Building Division
39. All earth and foundation work shall be done under the direction of the project soils engineer
and a final construction compliance soils report shall be submitted prior to occupancy.
Police Department
(Address)
40. Each separate building of a multi -structure complex shall display street numbers 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, illuminated during darkness, and be of a contrasting color to the background to
which they are attached.
41. There shall be positioned at each entrance of multi -family dwelling complex, an illuminated
diagram (scaled schematic drawing of the complex) which shows the location of the viewer
and each individual building within the complex.
42. Each individual unit within the complex shall display a prominent identification number not
less than 6 inches in height, which is easily visible to approaching vehicular and/or pedestrian
traffic.
43. The street address and any internal complex addresses shall be in a sequence with the
numerical order of the rest of the street/building.
44. No garages or carport shall be marked with the same number or letter as the dwelling unit.
(Exterior Lighting)
45. All exterior lighting shall be sufficient to establish a sense of well-being to the pedestrian and
sufficient to facilitate recognition of persons at a reasonable distance. Type and placement of
lighting shall be to the satisfaction of the Police Department.
46. All garden and exterior lighting shall be vandal resistant.
47. All exterior lighting shall be on a master photoelectric cell set to operate during the hours of
darkness.
48. The minimum of one -foot candle at ground level overlap shall be provided in exterior
doorways, vehicle parking areas, and outdoor pedestrian walkways.
49. Lights inside laundry rooms shall remain lighted during the hours of darkness.
(Exterior Fixtures)
50. All exposed roof vents and ducts shall be grated or constructed of an impact resistant material
to the satisfaction of the Police Department. Skylights shall be secured and hatch openings
shall be burglary -resistant. Glazing shall be of a burglary -resistant glass or glass -like material.
(Exterior Doors)
51. All exterior man doors shall be of solid core construction with a minimum thickness of one
and three-fourths (1-3/4) inches or with panels not less than nine -sixteenths (9/16) inches
thick. Side garage doors and doors leading from garage areas to multiple -family dwelling
residences shall be included in this requirement.
52. Exterior man doors and doors leading from garage areas into the multiple family dwelling
residences shall have dead -locking latch device with a minimum throw of one-half (1/2) inch.
A secondary lock is required and shall be a dead -bolt lock with a cylinder guard and a
hardened steel throw a minimum of one (1) inch long. Both locking mechanisms shall be
keyed the same.
53. Both locking mechanisms shall be interconnected so that both may be disengaged by turning
the door knob from inside.
54. Exterior jambs for doors shall be so constructed or protected so as 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 (2) screws which must penetrate into the solid backing beyond the jamb.
55. Exterior doors that swing outward shall have non -removable hinge pins.
56. In -swinging exterior doors shall have rabbeted jambs.
57. Glass sliding doors shall have a secondary type locking device to the satisfaction of the Police
Department. The secondary lock shall be a dead -bolt lock and shall be no less than one-eighth
(1/8) inch in thickness and shall have a minimum hardened steel throw of one-half (1/2) inch.
58. Metal -framed glass doors shall be set in metal doorjambs.
59. Metal -framed glass doors shall have a dead -bolt lock with a cylinder guard and a hardened
steel throw that is a minimum of one (1) inch long.
60. 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.
61. Front doors shall have a front door viewer that provides a minimum of 180 degrees peripheral
vision.
(Windows)
62. 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 (1/8) inch in thickness. The lock shall have a hardened steel throw of one-half (1/2")
inch minimum length.
63. Louvered windows shall not be installed within 8 feet of the ground level.
64. Any window in or within 40 inches of an exterior door shall be stationary and non -removable.
(Roof Access)
65. Perimeter walls, fences, trash storage areas, etc., shall be built to limit if not in fact prevent
access to the roof or balconies.
66. Permanently fixed ladders leading to roofs shall be fully enclosed with sheet metal to a height
of ten (10) feet. The covering shall be locked against the ladder with a casehardened hasp
secured with non -removable screws or bolts. If a padlock is used, it shall have a hardened steel
shackle, locking at both heel and toe, and have a minimum of five (5) tumbler operations.
(Landscaping)
67. Barrier or thorny plants may be added to those locations desired by applicant to deter access to
windows or other areas. If desired, a list of barrier plants is available from the San Rafael
Police Department Crime Prevention Office at (415) 485-3114.
68. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture.
Future growth of landscaping must be take into consideration. Applicant is cautioned to
beware of creating a haven for homeless or transient trespassers.
(Street Access -- Parking)
69. Signs shall be posted and driveways/curbs/parking areas which have emergency access lanes
shall be painted red.
(Note)
70. Any alternative materials or methods of construction shall be reviewed with the Crime
Prevention Officer before installation.
71. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to
occupancy.
Fire Department
72. Address shall be posted conforming to Fire Prevention Standard 205.
73. A minimum 30 -foot wide break (brush clearing) shall be provided and maintained around the
structure.
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I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the City Council
held Monday, the 18th of June, 2001, by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
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-A
JEANNV 1� LEONCINI, by Clerk