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Home My WebLink AboutCC Resolution 7078 (516 Canal Street)RESOLUTION NO. 7078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECISION ON THE APPEAL OF PLANNING COMMISSION CONDITIONS OF APPROVAL OF THE DOCK APARTMENTS AT 516 CANAL STREET (ED84-82) WHEREAS, on February 26, 1985, the Planning Commission conditionally approved an environmental and design review permit for the Dock Apartment complex, proposed for 516 Canal Street; and WHEREAS, the Planning conditions of approval included requirements for payment of a traffic mitigation fee and adjust- ments in the plan reducing the number of boat berths and combining apartment units; and WHEREAS, on March 4, 1985, the applicants appealed Planning Commission conditions of approval (r), (s), (t), and (u) based on the following grounds: (1) The appellant contends that condition (r) which requires that units 6 and 7 be combined with units 7 and 8 is arbitrary and unreasonable given that the units as designed meet all present building and planning code requirements; and (2) The appellant contends that conditions (s) and (t) which require a reduction in the number of proposed boat berths/ docks and installation of a usable common deck are unreasonable. The appellant contends that the eight boat berths/docks are designed as an amenity to the project which encourages use of the San Rafael Canal; the eight berths would not create additional parking impacts or demands given that peak use is during weekend hours; and (3) The appellant contends that condition (u) which requires payment of traffic mitigation fees for the project'sfull trip generation is unreasonable given that the site is at the north end of the traffic study area and only a small percentage of project trips impact critical intersections; WHEREAS, the City Council considered the appeal at a public hearing on April 1, 1985; and RESOLUTION NO. 70', WHEREAS, on a 4-1 vote (Breiner dissenting) the City Council found the dwelling unit layout and design as proposed to be acceptable and omitted condition (r). However, the City Council voted to uphold conditions (s), (t), and (u) and required that a condition be added ensuring that the boat berths/docks are rented only to building tenants. NOW, THEREFORE BE IT RESOLVED that the City Council upholds the appeal eliminating condition (r) and upholds the Planning Commission's approval of conditions (s), (t) and (u) as outlined in attached Exhibit "A" with the following findings: The proposed project as approved with conditions out- lined in attached Exhibit "A" is consistent with the criteria for approving design review applications. The project has been designed to take advantage of the Canal frontage, and the design provides needed studio rental units for the area. Additionally, through the East San Rafael neighborhood review process, it has been determined that the proposed use, density and mix of resi- dential unit types are appropriate for the subject property. 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 15th April of April 1985, by the following vote, to wit: AYES: COUNCILMEMBERS:Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS:Breiner ABSENT: COUNCILMEMBERS:None ABSTAINED: COUNCILMEMBERS: Russom �. 20-21 B/17 JE M. LEONCINI, City Clerk 1W•� EXHIBIT "A" Conditions of approval: POLICE DEPARTMENT (a) All exterior lighting shall be to the satisfaction of the Police Department. (b) All security hardware for windows and doors shall be to the satisfaction of the Police Department. Secondary locks shall be installed for operable windows. (c) All wood exterior doors shall be solid core construction. Dead bolt locks shall provide the necessary security. PUBLIC WORKS DEPARTMENT (d) PLANS & PERMITS 1. An engineered site improvement plan shall be submitted with the application for building permits. 2. An encroachment permit will be required for all work performed within the street right-of-way. (e) GRADING ° EARTHWORK 1. Gradin; plans shall show all proposed and existing contours. 2. A Level "C" soils report must be submitted with the application for building permits. Geotechnical Review may be required as determined_ by the City Engineer. 3. Grading, drainage and foundation plans shall be reviewed and signed by the soils -engineer. 4. Ali earth and foundation work shall be done under the direction of a soils engineer; and a final report shall be submitted prior to acceptance of the work. 5. A grading permit will be required if imported material is required. (f) STOPM DRAINAGE 1. The improvement plans shall show all existing and proposed drainage facilities. 2. Run. -f? 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 over sidewalk and driveways. 3. The gradient of all storm drain systems shall be designed to accommodate predicted settlements. The improvement plans shall show Grades before and after settlement. (g) SA?IITARY SEWERS 1. The improvement plans shall show the location of all existing and proposed sanitary sewer facilities. 2. A new 6 inch sanitary sewer lateral shall be constructed to the public sewer main. The existing sewer lateral shall be abandoned and cut off at the main. 3. The gradient of all gravity sanitary sewers shall be designed to accommodate predicted settlements. The improvement plans shall show grades before and after settlement. 4. Any ne..i connections to the sewer main in the street shall require an encroachment permit. (h) FRONTAGE IMPROVEMENTS 1. The improvement plans shall show all proposed and existing frontage 'improvements. V 2. All frontage improvements shall be constructed in accordance with the "Uniform Construction Standards for the Cities and County of Marin". J 3. An encroachment permit will be required for the construction of all frontage improvements. 4. Construct sidewalk along the Canal Street frontage. 5. Existing curb and gutter shall be reconstructed, as necessary, to provide positive drainage along the entire site frontage. Profiles and details shall be shown on the site improvement plan. (i) UTILITIES 1. All utility services shall by the City Engineer. 2. Parking lot lighting shall of lights shall be subject Public Works Department. (j) LEVEES AND SEAWALLS 1. The improvement plans shall improvements. be underground, if determined to be feasible be installed. The number, location and type to approval by the Police, Planning and show all proposed and existing waterfront 2. The improvement plans shall show all lines adjacent to the canal. 3. Prior to issuance of building permits must be obtained from the Army Corps property, freeway and construction for the proposed dock, approvals of Engineers and the Tideland Fill Committee. 4. A concrete sea wall or bulkhead shall be constructed along the water front. The top elevation shall be +9.0 (msl) after 30 years settlement. 5. A maintenance easement and/or covenant, as determined necessary by the City Engineer, shall be granted along the canal frontage. Any required legal descriptions shall be provided by the applicant's engineer. (k) TRAFFIC 1. The on-site traffic circulation and parking plans shall be subject to approval by the City Traffic Engineer. 2. Signing, striping and other traffic control devices shall be installed as required by the City Traffic Engineer. PLANNING DEPARTMENT (1) The building techniques, materials, elevations and appearance of this 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. (m) The color scheme and building materials are subject to review and approval by the Planning Department prior to issuance of a building permit. (n) All mechanical equipment (i.e., air conditioning units, meters and transformer) and appurtenances not entirely enclosed within the structure (on side of 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. (o) Detailed landscaping and irrigation plans shall be submitted to the Planning Department for approval prior to issuance of a building permit. (p) Prior to building final, the applicant shall provide a two year maintenance contract for landscaping or post a two-year maintenance bond. (q) 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. (r) Deleted by City Council. �s) The boat docks/berths shall be reduced from a total of eight berths to a maximum of four berths. This modification shall be indicated on the final building plans. The four boat berths/docks shall be rented or leased only to the apartment building tenants. The berths shall not be independently leased to non -apartment residents. To ensure that this condition is met and properly enforced, the property owner shall submit a report to the City's Code Enforce- ment Officer on the first day of each June and December, said report to summarize which building tenants are renting the boat berths/docks. (t) Prior to issuance of a building permit, the final site plan shall be modified to include a usable deck area along the Canal front, adjacent to the approved berths. (u) Prior to issuance of a building permit, the applicant shall pay East San Rafael traffic mitigation fees for the net increase of10 PM peak trips generated from the proposed use. The fees shall not exceed $19,190.00 as adjusted by the Lee Saylor Index (January 1981). (v) This permit is approved for one year, or until Februar_Y 26, 1986, and shall become null and void if a building permit is not issued or a time extension granted. V