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HomeMy WebLinkAboutCC Resolution 9941 (Marin Lofts)RESOLUTION # 9 9 41 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING GENERAL PLAN AMENDMENT FROM OFFICE TO HIGH DENSITY RESIDENTIAL, VARIANCE TO ALLOW 38 FOOT HIGH BUILDING, USE PERMIT AND ENVIRONMENTAL AND DESIGN REVIEW APPLICATIONS FOR 15 CONDOMINIUM UNITS (MARIN LOFTS), Cresta Drive (AP #s 155-251-16 and 17) WHEREAS, on May 15, 1997, applications requesting a General Plan Amendment, Zone Change, a Use Permit and an Environmental and Design Review Permit for the above referenced project were submitted to the Planning Department for review and processing; and, WHEREAS, the design of the project was reviewed by the Design Review Board on July 8, 1997, August 27, 1997 and September 16, 1997 for consistency with General Plan design policies and City Zoning Ordinance Design Standards; and WHEREAS, the design of the project was recommended for approval by the Design Review Board on September 16, 1997; and WHEREAS, on September 25, 1997, the San Rafael Planning Commission held a duly noticed Public Hearing on the proposed General Plan Amendment (GPA 97-1) Zone Change (ZC 97-4), Variance (V 97-2), Use Permit (UP 97-52) and Environmental and Design Review Permit (ED 97-56), accepting public testimony and the written report of the Planning Department staff; and WHEREAS, on October 20, 1997, the San Rafael City Council held a duly noticed Public Hearing on the proposed General Plan Amendment, Zone Change, Variance, Use Permit and Design Review applications, accepting public testimony and the written report of the Planning Department staff; and, NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Rafael hereby approves General Plan Amendment (GPA 97-1), Variance (V 97-2), Use Permit (UP 97-52) and Environmental and Design Review Permit (ED 97-56) applications based on the following findings and conditions of approval (Exhibit A): 1. The proposed General Plan Amendment from Office to High Density Residential (15-32 units/acre) serves the public interest in that it provides the City with affordable housing units and will help to improve the jobs/housing balance. The proposed amendment is not in conflict with any other General Plan policies. 2. The proposed location and design of the residential use is in accord with the objectives of this Title and the purposes of the district in which the site is located. The operation of the 15 unit residential condominium project, together with conditions of approval, is consistent with the new General Plan land use designation of High Density Residential and Parks/Open Space. Specifically, the proposal is consistent with General Plan policies C-4, C-7, C-18, R-4, R-5, H-19, H-23 and NE -20. Furthermore, residential condominium uses are conditionally permitted, with the approval of a use permit, in the PD (Planned Development) zoning district and the use is in accord with the objectives of the Zoning Ordinance. Koeo �I ��i 9i �'_4 JR1 3. As conditioned, the design, establishment, maintenance or operation of the proposed residential project will not under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or general welfare of the City in that all on-site parking requirements have been met and the project design meets all the requirements of the Police, Fire and Public Works Departments, including requirements regarding potentially hazardous soils conditions. 4. The proposed residential use, as conditioned, conforms to the development standards as listed in the Planned Development zoning district for the density of residential units, location of residential units, required building setbacks, on-site parking. 5. The Environmental and Design Review application conforms to the design standards established in the General Plan 2000, the Criteria For Approval listed in Section 14.25.050 of the Zoning Ordinance, the guidelines of the PD zoning district. 6. Special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the requirements of this Title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification because of the location/ existence of the on-site open space easement and because of the steep slope and shape of the project site. The location of the open space easement restricts the amount of building footprint that can be accommodated on the site because this easement is restricted "to be kept open and free from buildings and structures of any kind", which includes on-site grading. A larger building footprint and additional grading would result in a project that would meet the 36 foot height limitation but would also reduce the amount of landscape improvements on the site. The location of the open space easement also minimizes the impact of the 38 foot high building because it provides a 170 foot (minimum) open space buffer between the proposed building and the nearest residential apartment unit upslope (on the ridge) from the project site. The steep slope of the property determines the hillside design of the structure. The buildings must be designed consistent with the contours of the site. The shape of the lot, with an irregular width (106 feet; North property line and 230 feet; South property line) also makes development of the site difficult with a 36 foot height limitation in that it restricts the amount of building footprint feasible on the lot. Required on-site parking also needs to be provided on-site. The City's Design Review Board recommended approval of the project because the majority of the parking was not visible. 7. The variance for building height will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which the subject property is located in that the other existing multi -family apartment developments in the vicinity with PD zoning districts and a 36 foot height limitation are located on ridgelines or other flat properties where it is not difficult to comply with the height limitation established in the General Plan. 8. Granting the variance for building height does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations for the zoning district in which the subject property is located in that the proposed residential use is consistent with new General Plan land use designation of High Density Residential and is consistent with all of the -2- standards established for the Planned Development zoning district in which the subject property is located. 9. That granting the application will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or welfare in that surrounding properties will not be affected by the building height because the project site is surrounded by open space and the residential apartments above the project site are located on a ridgeline. Residents in these units will not be affected by the building height because they will look over the proposed buildings, with no view obstruction from their units. The two photomontages prepared for the project show that the project will not adversely affect the scenic views, given the upslope of these residential units. Furthermore, the project will not be visually detrimental to the surrounding area because the base of the structure will be screened with trees and shrubs to minimize the appearance of the project from the public street. I, JEANNE M. LEONCI NI, 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 of said City on Monday, the 20'hday of October, 1997, by the following vote, to wit: AYES: COUNCILMEMBERS• Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Ak1NE M. LEO CINI, City Clerk -3- CONDITIONS OF APPROVAL GPA 97-1 MIBIT A 1. The General Plan land use designation on Parcel 155-251-17 (the 1.27 acre parcel identified on Exhibit B of this report) shall be amended from Office to High Density Residential (15-32 units/acre). ZC 97-4 2. Parcels 155-251-16 and 17, as identified by Exhibit B of this report are zoned PD (Planned Development). All improvements on these parcels shall be consistent with the specific development standards set forth in the PD district. UP 97-52 3. This Use Permit approves a 15 unit residential apartment or residential condominium development and ancillary home occupation uses. 4. There are 15-22 PM peak hour trips allocated to this site. This project will generate 15 PM peak hour trips. Approval of this use permit releases the remaining 7 trips allocated to the parcel in the General Plan. These trips will be placed in the Northgate general trip reserve. 5. This use permit shall run concurrently with the amended General Plan land use designation for the project site, the amended Planned District and Environmental and Design Review Permit. Should the Environmental and Design Review Permit expire, this use permit shall become null and void. ED 97-56 FIRE DEPARTMENT 6. Addresses shall be posted conforming to Fire Prevention Std. 205. 7. Based on the required fire flow, an automatic fire sprinkler system shall be installed throughout each home conforming to NFPA Std. 13. 8. 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. 9. 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. Specific sheets for each type of device shall also be submitted for review. 10. Due to the wildland fire interface area, fire retardant roof covering is required with a minimum Class "A" listing. 11. Spark arrestors shall be installed conforming to the Uniform Building Code (UBC). 12. UL/SFM smoke detectors and openable bedroom windows shall be installed conforming to the UBC. 13. Due to topography and based on the inaccessibility to ladder the building for rescue from bedroom windows, approved emergency escape ladders shall be installed on at least one window in each bedroom specified. The contractor should call for a site visit to confirm if the emergency escape ladder access is required. 14. All roadways shall be at least 20 feet wide unobstructed and have an all weather surface capable of supporting 40,000 pounds gross vehicle weight. 15. The net overhead vertical clearance for all access roadways and driveways shall be greater than 13 feet 6 inches. 16. All roadways shall be installed prior to framing. 17. No Parking Lanes, signs and curb markings shall be installed for all access roadways, parking lots and driveways, as specified by the fire marshal conforming to Fire Prevention Std. 204. 18. A Fire Department approved Knox keyway system is required to be installed conforming to. Fire Prevention Std. 204. 19. Security Gates, Electronic Gates or chains across driveways shall have installed an approved Knox keyway system conforming to Fire Prevention Std. 202. 20. Based on the required fire flow, an automatic residential fire sprinkler system shall be installed throughout conforming to NFPA Std. 13D as modified by the fire marshal . 21. A minimum 30' wide break (brush clearing) shall be maintained around the structure. LAND DEVELOPMENT DIVISION 22. An engineered site improvement plan showing all existing and proposed site conditions shall be submitted with the application for a building permit. 23. A level `B" soils report must be submitted with the application for building permits. 24. Grading, drainage, and foundation plans shall be reviewed and approved by the soils engineer. 25. All earth and foundation work shall be done under the direction of a soils engineer; and a final report shall be submitted prior to occupancy. 26. No mass grading is to be done from October 15 through April 15. 27. An erosion control plan shall be submitted for approval by the City Engineer prior to the issuance of a grading permit. 28. Erosion control plans shall show methods of controlling erosion and siltation during and after final grading. 29. The site shall be winterized and all erosion control measures shall be installed prior to October 15. Erosion control measures shall be maintained throughout the winter season. 30. Erosion control measures shall be consistent with the "best management practices " of the Regional Water Quality Control Board. 31. The improvement plans shall show all existing and proposed drainage facilities. 32. Runoff from improved areas shall be collected and conveyed to the street, or established drainage facilities, by underground conduit. Drainage shall not be diverted or concentrated onto adjoining properties, or onto cut and fill slopes, or over sidewalk and driveways. 33. The improvement plans shall show the location of all existing and proposed sanitary facilities. 34. Prior to the issuance of a building permit a letter shall be submitted from the Las Gallinas Valley Sanitary District stating that sewer connections are available and that service can be provided. 35.Any work in the street right-of-way requires an encroachment permit. 36. The improvement plans shall show all proposed and existing frontage improvements. 37. All existing curb, gutter, and sidewalk damaged during construction shall be replaced. 38. All frontage improvements shall be constructed in accordance with the "Uniform Construction Standards for the Cities and County of Marin." 39. The improvement plans shall show all existing and proposed utilities. 40. All utility services shall be underground. 41. Parking lot lighting shall be installed. POLICE DEPARTMENT 42. 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 12" in height and shall be of a contrasting color to the background to which they are attached. The street address numbers shall be illuminated during darkness. 43. There shall be positioned at each entrance of a multi -family dwelling complex, an illuminated diagram (scaled schematic drawing of the complex) which shows the location of the viewer and each individual unit within the complex. - 44. Each individual unit within the complex shall display a prominent identification number not less than 6" in height, which is easily visible to approaching vehicular and/or pedestrian traffic. 45. Each separate building of a multi -structure complex shall display street address numbers of at least 24" in height and shall be of a contrasting color to the background to which they are attached. 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. 46. The street address and any internal complex adddresses shall be in a sequence with the numerical order of the rest of the street/buildings. 47. No garage or carport is to be marked with the same area number or letter as the dwelling unit. 48. Exposed roof vents and ducts of sufficient size to permit adult, human entry 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. 49. Perimeter walls, fences, trash storage areas, etc., shall be built to limit if not in fact prevent access to the roof or balconies. 50. All exterior 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. 51. Metal -framed glass doors shall be set in metal door jambs. 52. 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. 53. Exterior man doors and doors leading from garage area 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. Both locking mechanisms shall be interconnected so that both may be disengaged by turning the door knob from inside. 54. 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. 55. 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 screws which must penetrate into the solid backing beyond the jamb. 56. Front doors shall have a front door viewer that provides a minimum of 180 degrees peripheral vision. 57. Exterior doors that swing outward shall have non -removable pins. 58. In -swinging exterior doors shall have rabbeted jambs. 59. 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. 60. 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. 61. Louvered windows shall not be installed within 8 feet of the ground level. 62. Any window in or within 40 inches of an exterior door shall be stationary and non - removable. 63. If desired, a list of barrier or thorny plants is available from the SRPD Crime Prevention Office at (415) 485-3114. These should be considered to deter access to windows or other areas. 64. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture. Future growth of landscaping must be taken into consideration. The applicant is cautioned to beware of creating a haven for homeless or transient trespassers. 65. 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. 66. All garden and exterior lighting shall be vandal -resistant. 67. All exterior lighting shall be on a master photoelectric cell set to operate during hours of darkness. 68. The minimum of one -foot candle at ground level overlap shall be provided in all exterior doorways and vehicle parking areas. 69. A minimum of one-half foot-candle at ground level overlap shall be provided on outdoor pedestrian walkways. 70. Permanently fixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of ten (10) feet. This 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 5 pin tumbler operation. 71. Any alternative materials or methods of construction shall be reviewed with the Crime Prevention Officer before installation. 72. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to occupancy. PLANNING DIVISION 73. The building techniques, materials, elevations and appearance of the project, as presented for approval shall be the same as required for the issuance of building permits. Any future additions, expansions, remodeling, etc., shall be subject to the review and approval by the City's Zoning Administrator or Planning Commission. Approved plans are dated August 8, 1997, with the following exceptions: (1) The Site Plan and Partial Site Plan is dated 9/8/97; (2) Parking Layout and Parking Garage Plan are dated 9/8/97; (3) All floor plans are dated 9/8/97; (4) Site Sections and all building elevations are dated 9/8/97; and (5) The landscape and lighting plans are dated 9/8/97. Prior to the issuance of a building permit, the plans shall be modified as follows and as recommended by the City's Design Review Board: (1) The terraced retaining walls located to the rear of "Building #3" shall be modified by pulling them back and staggering the setbacks of the walls to create some variety in the design of the walls; (2) The design of the trash enclosures shall be modified to incorporate a roof cover; and (3) The landscape plan shall be modified to incorporate lower plantings and a more simplified selection in front of the fire truck hammerhead. Additional plantings shall be incorporated on the West retaining wall. 74. Any mechanical equipment (ie. air conditioning units, meters, transformers, etc.) and appurtenances not entirely enclosed within the structure (on side of the 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 Department prior to issuance of a building permit. 75. All colors and building materials shall be consistent with those approved by the City's Design Review Board, as on file in the Planning Department. Any modifications to these approvals shall be subject to review and approval by the Design Review Board. 76. A detailed landscape and irrigation plan shall be submitted to the Planning Department for review and approval by the City's Fire and Planning Departments prior to the issuance of grading permits. The final landscape plan shall be consistent with the preliminary plan dated 9/8/97, on file in the Planning Department. The final landscape plan shall be modified, consistent with required modifications stated above in condition #73 . The minimum tree size shall be 15 gallon, 6 feet planted, and have a trunk calliper of at least (1) inch. The minimum shrub size shall be 5 gallon. 77. All landscaping shall be maintained in good condition and any dead or dying plants, bushes, or trees shall be replaced with new healthy stock of a size compatible with the remainder of the growth at the time of replacement. 78. Landscaping must meet the Marin Municipal Water District's (MMWD) water conservation rules and regulations. Prior to the issuance of a building permit or other authorization to proceed, the applicant must provide verification from MMWD stating that the landscape plan has been approved. 79. Prior to the issuance of the certificate of occupancy for the project by the Planning Division, the applicant shall provide a 3 year maintenance contract for landscaping or post a pre -paid 3 year maintenance bond. 80. Prior to the issuance of the certificate of occupancy for the project by the Planning Division, all Pampas Grass and Scotch Broom shall be removed from the site. The broom shall be removed annually for a period of three years and shall be covered by the language in the maintenance bond. 81. All on-site guest parking stalls shall be double striped with wheelstops or curbing provided at each space. Handicapped and compact parking stalls shall be appropriately marked on the pavement. 82. All lighting improvements, facilities and fixtures shall be subject to the review and approval of the Police Department and Planning Departments prior to the issuance of a building permit. This review shall be to insure that all doors and entrances are adequately illuminated and to insure that all illumination is directed at the subject property. All lighting shall be subject to a 30 day review period to monitor the illumination levels. 83. Prior to the issuance of a building permit, the applicant shall pay a traffic mitigation fee of $36,825 (to be adjusted by Lee Saylor Construction Cost Index since 1990). This fee is based on adopted fees of $2,455 per PM peak period trip in 1990 dollars X 15 trips/units. 84. San Rafael General Plan policy H-20 shall be satisfied. The applicant shall construct 2 (10% of 15 units) Below Market Rate Units on-site. The agreement shall incorporate language which offers a portion of the BMR units in the project (consistent with applicable law) to City employees, people working in the City of San Rafael and people working in Marin County. The applicant shall submit a BMR agreement for review and approval by the City Council. The BMR agreement shall be recorded with the County of Marin prior to the issuance of a building permit. 85. Prior to the issuance of a building permit, the applicant shall apply for and receive approvals for a two -lot subdivision of the project site into one, 1.62 acre (Parcel Number 155-251-16) parcel and one, 1.27 acre (Parcel Number 155-251-17) parcel. Consistent with the Smith Ranch Master Plan and the open space easement language on parcel 155-251-16, this parcel shall be "kept open and free from buildings and structures of any kind." The open space parcel shall also remain in private ownership, maintained and owned by owners of the Marin Lofts condominiums. All subdivision conditions of approval shall be consistent with these requirements. 86. This Environmental and Design Review permit shall be valid for two years, or until September 25. 1999. and shall become null and void if a building permit is not issued. Prior to the expiration of the permit, a time extension may be granted by the Zoning Administrator. NEGATIVE DECLARATION CONDITIONS 87. All grading and building construction shall be consistent with the findings and recommendations of the geotechnical investigation report, prepared by Miller Pacific Engineering Group (dated August 20, 1997). All recommendations submitted by the City's Geotechnical Review Board shall also be incorporated into the final grading plan and construction drawings for the proposed structure. 88. The loose surficial soil from the slope area shall be removed by maintaining a bench or slough catchment area between the toe of the slope and building area and by establishing erosion - resistant ground cover vegetation (Miller Pacific report, dated August 20, 1997). 89. Conformance with standard Grading Permit requirements relating to erosion and dust control. 90. The project site shall be watered during site grading and building construction. Temporary gravel shall also be placed on all unpaved access roads during site grading and construction. 91. On-site construction, construction related activities and equipment operation shall be limited to the hours of 8:00 AM to 5:00 PM, Monday through Friday only. All construction vehicles and equipment shall be properly maintained and muffled.