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HomeMy WebLinkAboutCC Resolution 7196 (900 Fifth Avenue)RESOLUTION NO. 7196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL (IN ITS CAPACITY AS THE BOARD OF APPEALS) GRANTING CONDITIONED APPROVAL OF AN APPEAL FROM SECTION 504 OF THE BUILDING CODE AT 900 FIFTH AVENUE (RE OPENING PROTECTION OF PROPERTY LINE FIRE WALL) AND IAUTHORIZZNG EXECUTION OF DEFERRED COMPLIANCE AGREEMENT (WITH KINGDALE VROPERTIES COMPANY) WHEREAS, the City Council of the City of San Rafael, may serve as the Board of Appeals pursuant to Section 12.12.020 of the Municipal Code, to hear appeals of the Uniform Building Code, and WHEREAS, the applicant for 900 Fifth Avenue has appealed Section 504 of the Building Code before the City Council, acting as the Board of Appeals, and WHEREAS, following a noticed hearing in which said ap- plicant was given full opportunity to be heard, the City Council, acting as the Board of Appeals, did hereby find as follows: 1) That granting of an exception to allow a variance for opening protection of the fire wall at 900 Fifth Avenue would not create a hazardous condition, if the conditions listed under 4, 5, and 6 below were met: be met; 2) That all other requirements of the Building Code could 3) That the fire wall at 900 Fifth Avenue will open into the open City parking lot to the west; 4) That the relaxation of the requirement for opening protection was approved only for the duration of the use of the adjacent parcel to the west as a City parking lot; 5) That the owner will enter into an agreement with the City that binds it and its successors to retrofit the west side of the building at 900 Fifth Avenue with "protected openings" within 60 days of notification that a building or structure is to be built on the adjacent property by the City or its successors; 6) That said agreement was to be in written form, accept- able to the City Attorney, and was to be recorded in the office of the Marin County Recorder. 0R."PIC-INAL iiia NOW, THEREFORE, BE IT RESOLVED BY THE SAN RAFAEL CITY COUNCIL, ACTING IN ITS CAPACITY AS BOARD OF APPEALS, that in view of the foregoing findings, the appeal for relief from Section 504 of the Uniform Building Code at 900 Fifth Avenue was and is hereby granted. BE IT FURTHER RESOLVED BY SAID COUNCIL that the Mayor and City Clerk are hereby authorized to execute the aforementioned agreement. 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 Council of said City on Monday, the 7th day of October, 1985, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE . LEONCINY, City Clerk Eu DEFERRED COMPLIANCE AGREEMENT 900 Fifth Avenue (AP #11-221-05 & 06) THIS AGREEMENT is entered into as of this __7V4 day of CQ C-Vt�ibq_r 1985, by and between the City of San Rafael, California (the "City") and Kingdale Properties Company, a limited partnership ("Kingdale"). RECITALS 1. The City owns real property in San Rafael, California, described as parcel Three in Exhibit A, which is currently utilized as a public parking lot. 2. Kingdale owns real property in San Rafael, California, described as parcels One and Two in Exhibit A, which is adjacent to the City's parcel and upon which an office building is being constructed. 3. Because of the proximity of the proposed office build- ing to the east boundary of the City's parcel, the Uniform Building Code, as adopted by the City ("UBC"), will restrict the tyi:e cf windoti.s which may be installed on the first floor of the west side of such office building. 4. For the mutual aesthetic benefit of the City and King - dale, the parties desire to enter into an agreement with respect to the first floor west windows, wherin compliance with the intent of the UBC will be achieved, but strict compliance will be suspended pending future events as more particularly described herein. NOW, THEREFORE, in consideration of the premises and the mutual promises and obligations of the parties hereto, it is agreed as follows: 1. The City agrees to allow the installation of "solar cool gray" windows throughout the building as described in the plans and specifications submitted in conjunction with Kingdale's request for a building permit, in place of clear wire glass, subject to the conditions and agreements set forth herein. 2. The City agrees to notify Kingdale of its intent to construct any building or structure which would cause Kingdale to have to replace the first floor glass windows along the west side of the building in order to comply with this Agreement and the applicable provisions of the UBC then in effect. 3. Kingdale agrees to replace the first floor west windows with clear wire glass or any UBC approved materials, in order to achieve compliance with UBC requirements, within sixty (60) days of notice that a building permit has been issued for the structure contemplated in paragraph two above. 4. This Agreement shall be recorded in the records of the Marin County Recorder, State of Californis, and shall constitute a condition, covenant and restriction on the use of each parcel described herein, shall run with the land, and shall be binding upon the respective heirs, successors, administrators, and assigns of the parties hereto. 5. This Agreement shall be construed in accordance with California law. 6. This document represents the entire agreement of the parties and no modification of this Agreement shall be effective or binding unless signed by both parties or their respective heirs, successors, administrators or assigns. Executed in duplicate originals as of the day and year above first written. ATTEST : ,IkC� A -&-4��� V ty Clerk CITY AT'ro R N EY SITATE. ,OF .. „,,..,�..,... ) )SS. COUNTY OF ) STATE OF CALIFORNIA ss. COUNTY OF MARIN CITY OF SAN RAFAEL, CALIFORNIA I, KINGDALE PROPERTIES COMPANY, A LIMITED PARTHERSH P 137y': — .- �----� Thomas Hy-`r1iodge son, the General Partner o Capital Company A California Limited Partnership who is the General Partner of Kingdale Properties Company. A Limited Partnership On this 22th day of DECEMBER , 1985, before me, JEAgNNE M. LEONCINI, a Notary Public in and for the said County and State, EdEn MULRYAPd n' duly commissioned and sworn, persona�y�ap��a�nd;��li� of Y�, ' personally known to me ¢ear—prov -ea-i-defre-e} to be the Mayor of the City of San Rafael that executed the within document and acknowledged to me that said City of San Rafael did execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal^ A�� the day and year in this certificate first above written. T. �F,:,,-IALSEA -L 61API„rY COU"j /� _`.. •,r'�/' r.t+ Cc:n.,. r..:c, .:q,i, i; U-,, 27,17.37 M. LEONCINI�OTARYLIC in and for"'' "' `JEANNE �_.. _ � ,� ,��, �,,,,��, �, ,. �„5 00 'j-1) said County and State. r ... v -ay of ����_l�e �L , 1985. Witness my hand and official seal. My commission expires: Notary Pulbic Address Agreement Between the City of San Rafael, California and Kingdale Properties Company. EXHIBIT A All that certain real property situate in the City of San Rafael, County of Marin State of California, described as follows: PARCEL ONE: COMMENCING at the point formed by the intersection of the Northerly line of Fifth Street with the Westerly line of Nye Street, said point being 493.50 feet Westerly along said Northerly line of Fifth Street from its intersection with the Westerly line of Petaluma Avenue; running thence Northerly along the Westerly line of Nye Street, 140.30 feet; thence Westerly at right angles 60 feet; thence Southerly parallel with Westerly line of Nye Street, 141.87 feet to the Northerly line of Fifth Street; thence Easterly along the Northerly line of Fifth Street, 60.02 feet to the point of beginning. PARCEL TWO: BEGINNING at a point on the Northerly line of Fifth Street, distant 60.02 feet Westerly fron the point of intersection of said Northerly line of Fifth Street with the Westerly line of Nye Street, said point being also 553.52 feet Westerly measured along the Northerly line of Fifth Street, from the point of intersection of the Northerly line of said Fifth Street with the Westerly line of Petaluma Avenue, running thence Westerly along the Northerly line of Fifth Street, 60.02 feet; thence Northerly parallel with Nye Street 143.44 feet, thence Easterly parallel with Mission Street 60 feet; thence Southerly parallel with Nye Street, 141.87 feet to the point of beginning. PARCEL THREE: COMMENCING at a point in the Northerly line of Fifth Street, in the City of San Rafael, County and State aforesaid, distant 120.04 feet Westerly from the point of intersection of the Northerly line of Fifth Street with the Westerly line of Nye Street, as said Streets are now opened, fenced off and used; running thence Northerly parallel with the Westerly line of Nye Street, 143.44 feet, thence Westerly at right angles 80 feet, thence Southerly parallel with the Westerly line of Nye Street 137.75 feet to the Northerly line of Fifth Street, and thence Easterly along said Northerly dine of Fifth Street, 80 feet, more or less, to the point of commencement-.