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-.