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HomeMy WebLinkAboutCC Resolution 8652 (10 Crescent Drive Appeal)RESOLUTION a 6 5 2 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL OF THE CITY OF SAN RAFAEL CERTIFYING THE NEGATIVE DECLARATION AND GRANTING THE APPEAL OF THE PLANNING COMMISSION'S DENIAL OF GPA90-2, Z89-15 AND ED89-102; THEREBY APPROVING GENERAL PLAN AMENDMENT, ENVIRONMENTAL AND DESIGN REVIEW AND REZONING APPLICATIONS FOR CONSTRUCTION OF A 5 UNIT CONDOMINIUM PROJECT AT 10 EAST CRESCENT DRIVE; AP #10-291-67. WHEREAS, General Plan Amendment, Rezoning and Environmental and Design Review applications were submitted to the Planning Department for the construction of 5 condominium units at 10 East Crescent Drive; and WHEREAS, an Initial Study and Negative Declaration were prepared by staff which determined that the project would not create significant environmental impacts; and WHEREAS, the project was reviewed by the Design Review Board and the Board recommended approval of the project on November 20, 1990; and WHEREAS, the Planning Commission reviewed the proposed project at the regular meeting of July 9, 1991, received the planning staff report recommendation and public testimony, and continued the item; and WHEREAS, the Planning Commission reconsidered the project proposal at the regular meeting of October 29, 1991, received public testimony and continued the item; and WHEREAS, the Planning Commission reconsidered the project proposal at the regular meeting of November 26, 1991, received public testimony and voted 3-3 on the project, resulting in a denial, as a majority vote of the entire Planning Commission membership is required for affirmative action; and WHEREAS, the applicant's representative appealed the Negative Declaration and project denial by the Planning Commission in a letter dated December 5, 1991. WHEREAS, the City Council heard the matter at a duly noticed public hearing on April 6, 1992, received the planning staff report recommendation and public testimony. NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council hereby grants the appeal of the Planning Commission's determination on the Negative Declaration based on the following findings: Page 1 ORIGINAL , 8652 1. Potential impacts due to the movement of earth and change in contour of land are not significant because conditions of approval for the project require the submission of a Geotechnical Investigation Report prior to the issuance of grading or building permits. Incorporation of the findings of this report into the buildings plans will eliminate the potential human and structure exposure to a major geologic hazard. 2. The project will not result in significant noise impacts because construction will be limited to the hours of 8:00 AM to 5:00 PM, Monday through Friday, with no weekend construction allowed. After completion, the 5 residential units will not generate significant noise impacts inconsistent with the residential use of surrounding properties. 3. The project will not have growth inducing impacts because it will not increase infrastructure capacity or provide other inducements for additional growth. 4. The project will not have a negative effect on transportation or circulation patterns because it provides the required 13 on-site parking stalls and adequate on-site vehicular turnaround. Furthermore, the curb at the intersection of Fourth Street and East Crescent Drive will be re -aligned, a center line will be installed on East Crescent Drive and a side road sign with an advisory plate (25 miles per hour) will be installed 200 feet of the intersection of Fourth Street and East Crescent Drive. The project will pay the required traffic mitigation fees. 5. The project will not increase risks and hazards to nearby residents in that on-site parking is provided, required building setbacks will be met, on-site vehicular maneuvering space has been provided, a center line will be installed on East Crescent Drive and improvements to the intersection of Fourth Street and East Crescent Drive are required. No evidence indicating that the project would create increased risks or hazards to nearby residents has been presented. BE IT FURTHER RESOLVED that the City Council hereby grants the appeal of the Planning Commission's denial of GPA90-2/ED89-102/ZC89-15 and approves the project subject to conditions listed on Exhibit A, based on the following findings: Page 2 1. The General Plan land use amendment from Retail/Office to High Density Residential is consistent with two adjacent parcels General Plan land use designations 2. The project proposal allows for a reasonable transition from commercial to residential use. The need for a transition zone between the C-2 and R-3 zoning district has been substantially satisfied. The project provides a substantial buffer between the adjacent commercial building and the existing duplexes and single family homes on East Crescent Drive. 3. The project design is consistent with the criteria established for approving Environmental and Design Review permits in that the project scale, colors, materials are consistent with the adjacent residential development. I, Jeanne M. Leoncini, Clerk of the City of San Rafael, California, HEREBY CERTIFY that the foregoing Resolution was duly and regularly introduced and adopted at a Regular meeting of the Council of said City held on the loth day of April , 1992, by the following vote, to wit: AYES: Councilmembers: Breiner, Cohen, Shippey & Mayor Boro NOES: Councilmembers: Thayer ABSENT: Councilmembers: None JEA Mil, - LEON IlVI, City Clerk Page 3 CONDITIONS OF APPROVAL:, ED 89-102 FIRE DEPARTMENT EXHIBIT "A" 1. Security gates, electronic gates, or chains across driveways shall have installed an approved Knox keyway system conforming to Fire Prevention Std. 202. 2. The fire hydrant located at East Crescent and Fourth, if not already a Jones 3740, shall be upgraded. 3. UL/SFM smoke detectors and openable bedroom windows shall be installed conforming to the Uniform Building Code. 4. All meetings with or inspections by the Fire Department require a minimum 24- hour advanced appointment. 5. 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 as specified. 6. Based on the limited access, an automatic residential fire sprinkler system shall be installed throughout conforming to NFPA Std. 13R as modified by the fire marshal. In this case, the roadway width may be reduced to 15 feet. 7. 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. 8. Due to the wildland fire interface area, fire retardant roof covering is required with a minimum Class "C" listing. -1- PUBLIC WORKS DEPT. 9. An engineered site plan showing all existing and proposed site conditions shall be submitted with the application for a building permit. 10. A soils report shall be submitted with the application for a building permit. The soils report shall be a Geotechnical Investigation Report (Level B). The report shall be reviewed by the Public Works Department prior to the issuance of grading or building permits. 11. The project soils engineer shall review and approve the plans submitted for building permit for compliance with recommendations of the report. 12. A second means of egress from the building shall be developed to comply with the requirements of the Uniform Building Code. 13. Grading plans shall show the location of existing and proposed sanitary sewer laterals. 14. The improvement plans shall show the location of existing and proposed sanitary sewer laterals. 15. All roof drainage shall be contained and outlet in an approved manner. No drainage onto adjacent properties is authorized. 16 The parking garage shall be surfaced in a manner acceptable to the City Engineer. 17. The improvement plans shall show all existing and proposed frontage improvements. 18. Standard driveway connections shall be constructed on the driveway frontage. 19. All frontage improvements shall be constructed in accordance with the Uniform Building Code Construction "standards for the cities and County of Marin" 20. Standard curb, gutter, and sidewalk shall be constructed along the full frontage of the property. Additionally, these improvements shall be extended northerly along the street frontage to the driveway of the adjoining property. All existing curb and gutter damaged during construction shall be replaced to the satisfaction of the City Engineer. 21. The large rock outcropping to the south of the project driveway shall be removed to facilitate adequate sight distance. 22. All new curbing constructed along the East Crescent street frontage shall be painted red. -2- MMWD 23. There is no water available for the proposed project. The Water District is maintaining a waiting list for new service applications. PLANNING DEPARTMENT 24. The building techniques, materials, elevations and appearance of the project, as presented for approval, shall be the same as required for the issuance of a building permit. Any future additions, expansions, remodeling, etc., shall be subject to the review and approval by the Planning Department. Approved plans are dated October 26, 1990. Prior to the issuance of a building permit, the plans shall be modified as follows: (1) A vehicle turnaround area, located in front of the building, shall be incorporated into the site plan; (2) The gate located at the entrance to the garage shall be eliminated; and (3) The specific location of required storage areas shall be incorporated into the plans. All modifications shall be reviewed and approved by the Design Review Board. 25. The color scheme and building materials are subject to review and approval by the Planning Department and Design Review Board prior to the issuance of a building permit. to 26. Prior/the issuance of a building permit, the Design Review Board shall review and approve the final project design details and final landscape plan. 27. A detailed landscape and irrigation plan shall be submitted to the Planning Department for review and approval by the Design Review Board and Fire Department prior to the issuance of building permits. The final landscape plan shall be consistent with the conceptual plan dated 10/26/91, on file in the Planning Department. 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. 28. All landscaping shall be installed prior to building occupancy or if the Marin Municipal Water District does not allow the immediate installation of required landscaping, the property owner shall post a bond in the amount of the estimated landscaping cost with the City of San Rafael. In the case that a bond is posted, all areas proposed for landscaping must be covered with bark or a substitute material approved by the Planning Department prior to building occupancy. All landscaping shall be installed within six months of the Marin Municipal Water District lifting their restrictions on landscaping. 29. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. 30. Prior to the building final, the applicant shall provide a 2 year maintenance contract for landscaping or post a 2 year maintenance bond. -3- 31. Details for any proposed fencing shall be included on the final building plans. These details shall include a plot plan and elevation indicating location, height, proposed materials, opacity and color scheme. 32. The proposed parking garage pavement shall be marked/painted with appropriate directional signs/arrows for ingress and egress. This shall be done to the satisfaction of the Traffic Engineer prior to building permit issuance. 33. All on-site parking shall be double striped with wheelstops or curbing provided at each space. Guest parking stalls shall be appropriately identified on the pavement. Guest parking shall be located at the entrance to the proposed garage, for easy accessibility. 34. Prior to the issuance of a building permit, the applicant shall pay a traffic mitigation fee of $3,400 (to be adjusted by Lee Saylor Construction Cost Index since September of 1986), This fee is based on adopted fees of $680 per PM peak period trip in September 1986 dollars X 5 trips. 35. Consistent with the certified arborist's report, all excavation/construction/working space shall be at least three feet clear of the trunks of the adjacent Redwood tree. The following tree protection plan is required: (1) A tree protection fence shall be constructed prior to any traffic or grading on site and during construction. It shall not be moved at any time. This fence shall be sturdy and difficult to move. Chain link shall not be allowed.; (2) Restoration of the original grade along the contour/t11e project site shall be required; (3) The fence may be removed prior to the landscape phase of construction, or when the project is complete; (4) The landscape plan shall state that the soil around the rootzone shall be decompacted and lightly fertilized prior to the installation of the landscaping. Necessary corrective pruning, deadwooding, etc. shall be required at this time; and (5) The Redwood tree shall be monitored quarterly by an arborist for two years. 36. All grading shall be conducted in conformance with standard grading permit requirements relating to erosion and dust control. 37. All grading and construction shall be limited to the hours between 8:00 AM and 5:00 Pm weekdays only. 38. Prior to the issuance of a building permit, the applicant shall submit for review and approval by the City's Traffic Engineer, plans to realign the curb at the intersection of Fourth Street and East Crescent Drive. 39. Prior to the completion of the curb re -alignment, the applicant shall be responsible for the installation of a side road sign with an advisory speed plate (25 miles per hour) 200 feet east of East Crescent Drive on Fourth Street. 40. Following the completion of the curb re -alignment and prior to the issuance of a building permit, a centerline shall be installed on East Crescent Drive. -4- 41. This environmental and design review permit shall be valid for two years, or until April 20, 1994, unless a building permit is issued or a time extension is granted by the City's Zoning Administrator. -5-