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HomeMy WebLinkAboutCC Resolution 14808 (Appeal of Approved 7-Unit Multifamily Residential Bldg. - 104 Shaver Street) Attachment 1-1 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 RESOLUTION NO. 14808 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DENYING AN APPEAL (AP20-001) AND UPHOLDING THE PLANNING COMMISSION’S APRIL 14, 2020 CONDITIONAL APPROVAL OF A USE PERMIT (UP19-013), AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED19-030) AND VARIANCES (V19-003) TO ALLOW THE CONSTRUCTION OF A NEW, 7-UNIT MULTIFAMILY RESIDENTIAL APARTMENT BUILDING WITH GARAGE PARKING SPACES AND ASSOCIATED SITE IMPROVEMENTS (GRADING, DRAINAGE AND LANDSCAPING) ON A 6,264 SQ. FT. DOWNTOWN LOT LOCATED AT 104 SHAVER ST. (APN: 011-254-40) WHEREAS, On July 23, 2018, the applicant filed for Pre-Application to request preliminary feedback on this potential project. City Departments reviewed the preliminary project, conducted a Development Coordinating Committee (DCC) meeting to review all comments, provided written comments to the applicant on August 30, 2018 and conducted a follow-up meeting with the applicant to answer any follow-up questions from the Pre-application letter; and WHEREAS, on December 14, 2018, as required by San Rafael Municipal Code (SRMC) Section 14.25.030 (B), the applicant filed for Conceptual Design Review to request preliminary design feedback from the Design Review Board (Board); and WHEREAS, on February 5, 2019, the Board provided Conceptual Design Review comments on the project, which included: 1) Parking needs to be re-evaluated to eliminate conflict with access and compliant; 2) Explore encroaching into or eliminating the interior side yard setback in order to comply with the required minimum 10’ street side setback; 3) Reduce paving within the street side setback to provide a more pedestrian scale; 4) Explore increasing the width of the staircase along the Shaver St. frontage and making it the primary entrance to the upper units while reducing the width of the staircase along the Third St. frontage and making it the secondary entrance; 5) Explore providing more storage for the units; and 6) Increase the use of landscape planters around the common outdoor areas on the podium level; and WHEREAS, on April 25, 2019, formal project applications were submitted to the Community Development Department, Planning Division, requesting a Use Permit (UP19-013), an Environmental and Design Review Permit (ED19-030) and Variances (V19-003) for the current project; and WHEREAS, the project proposes the maximum density allowed under the High Density Residential (HDR) General Plan land use designation and the High-Density Multifamily Residential (HR1) zoning district. General Plan 2020 Housing Policy H-14b (Efficient Use of Multifamily Housing Sites) requires approval of multifamily residential projects at the mid- to high-range of allowable density, which this project would attain. While the project site itself is not identified in the General Plan as a housing opportunity site, the adjacent parcel immediately north of the site (the AT&T telecommunications switching facility located at 220 Shaver St.) is identified as a housing opportunity site; and WHEREAS, on December 17, 2019, the Board reviewed the formal project for site and building design and continued the agenda item with the following consensus comments: 1) Contemporary design of project is appropriate for the challenging transitional site; 2) Eliminate Attachment 1-2 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 the inconsistencies between the drawings within the plan set, particularly the elevation renderings to the floor plans for the upper staircase located at the corner of Third and Shaver Streets; 3) Provide details showing the ground-floor stucco and upper wood siding; 4) Eliminate the landscaped area underneath the cantilever upper-story decks on the east elevation; 5) The project shall provide compliant required on-site parking; 6) Garage parking shall be reconfigured to eliminate the potential for parking spaces #5-7 to backout directly onto Shaver St.; 7) All bicycle parking shall be secured; 8) Widen the third-story corridor; 9) Landscape plan shall clearly identify all bioswales, confirm adequacy of plant species in bioswales, reduce vine species to one, provide additional details on “biofiltration sod”, and eliminate “drainage swale hydroseed” detail; and WHEREAS, on February 19, 2020, the Board reviewed design revisions to the formal project and unanimously (4-0-2 vote; Paul and Rege absent) recommended approval of the site and building design, as presented; and WHEREAS, on April 14, 2020, the San Rafael Planning Commission (Planning Commission) held a duly noticed hearing to consider Use Permit (UP19-013), Environmental and Design Review Permit (ED19-030) and Variance (V19-003) applications, and accepted and considered all oral and written public testimony and the written report of Planning staff; and WHEREAS, on April 14, 2020, the Planning Commission unanimously adopted Resolution No. 20-12 (6-0 vote), approving the Use Permit (UP19-013), the Environmental and Design Review Permit (ED19-030) and the Variances (V19-003), subject to the addition of a condition of approval requiring that all garage parking spaces be pre-wired to allow for future installation of Level 2 (240-volt) electric charging stations (Condition 4, ED19-030); and WHEREAS, on April 16, 2020, an appeal of the Planning Commission’s action was filed by Donni Uzarski, a nearby resident, and her sister Dale Wallis, as co-appellants. The appeal letter raises three (3) appeal points: 1) the project will create traffic safety impacts; 2) the project will create parking impacts within the neighborhood; and 3) existing flooding issues in the neighborhood will increase as a result of the project; and WHEREAS, on June 1, 2020, the City Council held a duly noticed public hearing to consider the Appeal (AP20-001), accepting and considering all oral and written public testimony and the written report of the Community Development Department Planning staff; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department; and WHEREAS, the City Council finds that Appeal Point #1 should not be sustained, as substantial evidence in the record shows that the project approval will not result in adverse traffic safety impacts, as follows: 1. The Department of Public Works, Traffic Division, staff has found that the project meets their engineering standards for traffic safety. During the Preliminary Review of this project, the driveway exiting out of the site was proposed on Third St. This was flagged as an issue by the Public Works Traffic Division given the potential conflict of vehicles entering/exiting the site from Third St. and vehicle speeds and limited sight distance conditions along 3rd St. The project was later revised to the current proposal, by moving the driveway exclusively onto Shaver St. Attachment 1-3 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 2. The project is also consistent with all applicable development standards within the HR1 zoning District, subject to requested automatic concessions under the State Density Bonus law, Parking Modifications and Variances. Some of the development standards for which the Variances were granted (reducing the street side yard and garage setbacks), could have potential safety implications; however, Department of Public Works staff considered sight distance and potential stacking/queuing of vehicles and determined that the project, as designed, meets traffic safety standards. This project further mitigates safety concerns by: • Locating the driveway as far away from the intersection as practical, which allows for better visibility, and access to Shaver St. for navigating the intersection; • Eliminating an existing secondary driveway curb cut along the Third St. elevation; and • Incorporating the means to turn around on-site into the design. With constrained dimensions, the applicants were able to provide a parking configuration which will minimize conflicts and keep maneuvering on-site, rather than occurring on the street. 3. On April 14, 2020, the Planning Commission reviewed and approved the project with the following two additional conditions that further reduce site distance and queuing impacts: • Environmental and Design Review Permit Condition #39 – Requires confirmation on the building plans that the monument sign and landscaping located at the corner of Third and Shaver St. complies with the safe sight distance; and • Environmental and Design Review Permit Condition #41 - Requires that any garage gate system include remote activation to prevent queueing onto Shaver St. WHEREAS, the City Council finds that Appeal Point #2 should not be sustained, as substantial evidence in the record shows that the project approval will not result in adverse parking impacts within the neighborhood, as follows: 1. The site is located Downtown, within the High-Density Multifamily Residential (HR1) zoning district. San Rafael Municipal Code (SRMC) Chapter 14.18 identifies parking requirements for all uses within the City, including new multifamily residential development. The adopted parking standards for multifamily residential development within the Downtown, like this project, require the following parking: • One parking space for each studio and 1-bedroom unit and 2-bedroom units less than 900 sq. ft. in size; plus • One guest parking space for every five (5) units. Therefore, eight onsite parking spaces are required (7 for units, and one for guest), while seven spaces have been proposed. The requested reduction in parking was to eliminate the one guest parking space required. To support the reduction in required vehicle parking, the project proposes to increase bicycle parking, as is allowed by the Zoning Ordinance, the project is required to provide one (1) short-term bike rack with a capacity for two (2) bicycles. The project proposes to provide six (6) secured, long-term bicycle racks in the garage. Recently adopted amendments to the Zoning Ordinance (SRMC Section 14.18.090.D) codified portions of the 2017 Downtown Parking and Attachment 1-4 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 Wayfinding Study which allows excess bicycle parking to qualify the project for a reduction in vehicle parking. The requested parking modification has been approved by the Community Development Director, the City Engineer, and the Planning Commission in view of the provision of a surplus of bicycle parking in an area determined to have ample street parking in the vicinity of the site. 2. Guest parking functions as an intermittent use. The 2017 Downtown Parking and Wayfinding study identified that while parking in this area of downtown may be fairly well utilized, there remains some capacity of on street parking in and around this site. In addition, this development would eliminate an unused curb-cut on Third St., which will add back an on-street parking space. 3. Separate from this project, the City is in the process of developing plans for improvements on the entire Third St. corridor. These improvements are anticipated to improve the safety of traffic flow and street parking along the corridor. With these improvements, street parking may be better utilized. During construction some temporary impacts may be necessary, however the applicant is required to develop a construction management plan to reduce these temporary impacts and coordinate with neighbors. it is not anticipated that this project will add any impact to street parking that exceed what would otherwise be permissible without the parking modification. 4. The applicant has developed a plan that allows vehicles to turn around on-site, which improves safety. In order to accommodate this and to meet other requirements, the number of compact spaces has increased. For reference, in the downtown area standard parking spaces are 18’. Many passenger vehicles are smaller than this dimension. Coordination among the residents or owner may be implemented to ensure that the spaces provided are distributed to meet the needs of the development. The applicant may be able to address this concern directly with a parking management plan on site. WHEREAS, the City Council finds that Appeal Point #3 should not be sustained, as substantial evidence in the record shows that the project complies with current flood hazard and storm water requirements and project approval will not result in an increase in flooding issues in the neighborhood, as follows: 1. The Geotechnical Investigation Report by Visha Consultants Inc. dated January 25, 2019 submitted in support of this application indicates that soil borings on the site encountered groundwater at 15’ below the ground surface. Based on monitoring well data for sites located in the vicinity, a seasonal high groundwater table of 8’ below ground surface is anticipated, though actual groundwater levels will fluctuate depending on yearly and seasonal rainfall variations. The report determined that the subsurface groundwater will not affect the proposed grading and construction required for the project, provided recommendations presented in the report are implemented to earthwork and foundation design. 2. The project plans also include both a Drainage Plan (Sh. C-2) and a more detailed Drainage Management Plan (Sh. SD-1) which identify stormwater runoff (surface and roof) directed to landscaped bioretention areas for absorption prior to entering the City’s stormwater drainage system. Any new development is required to meet stormwater treatment and retention requirements. Bioretention is identified to be incorporated into the landscaping plan. These requirements are uniformly applied to projects throughout Attachment 1-5 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 the City. The specific details of the bioretention will be included as part of the building permit phase, however the sizing and location has been included on the entitlements to ensure that the necessary stormwater treatment and retention can be accommodated within the proposed design. 3. Shaver St. has a branch of the drainage system that connects to San Rafael Creek. A portion of the San Rafael Creek has been mapped by FEMA with a special flood hazard area along the creek according to the Flood Insurance Study. As part of the development standards required of any development, the project is not allowed to increase runoff, and this is typically accomplished with bioretention. The applicant has proposed to include bioretention according to the Marin County Stormwater Pollution Prevention Program (MCSTOPPP) standards. The performance of these facilities was analyzed by MCSTOPPP and it was determined that they meet requirements. Therefore, no additional analysis was required for this project. 4. Localized flooding in this area (along with many parts of the City) may be observed when blockages to the storm drainage system occur. City streets maintenance staff frequently clear catch basins of leaves and other debris. However, these blockages can still occur when large rain events occur at the same time, during the fall when leaves drop from trees. City staff will continue to respond during rain events as well as provide preventative maintenance ahead of the fall/winter periods. If a blocked drain is observed, the community can contact the Department of Public W orks. NOW, THEREFORE BE IT RESOLVED, that the City Council hereby denies the Appeal (AP20-001) and upholds the Planning Commission’s April 14, 2020 conditional approval of the Use Permit (UP19-013), Environmental and Design Review Permit (ED19-030) and Variances (V19-003), which allows the construction of a new 7-unit, multifamily residential apartment building with garage parking and associated site improvements, including minor grading, drainage and landscaping, on a Downtown parcel located at 104 Shaver St., based on the following findings: Use Permit (UP19-013) Findings A. The proposed new multifamily residential development with Parking Modifications to reduce required parking from eight (8) to seven (7) spaces and to increase the percentage of allowable compact parking from 30% (2 spaces) to 50% (4 spaces), as revised and conditioned, will be in accord with the San Rafael General Plan 2020, the objectives of Title 14 of the San Rafael Municipal Code (the Zoning Ordinance) and the purposes of the High -Density Multifamily Residential (HR1) District, in which the project site is located, given that; 1. As documented in the General Plan 2020 Consistency Table (Exhibit 3; 4/14/20 Planning Commission Staff Report) the proposed project will implement and promote the goals and policies of the San Rafael General Plan 2020; 2. As documented in the Zoning Ordinance Consistency Table (Exhibit 4; 4/14/20 Planning Commission Staff Report) the proposed project will be consistent with the objectives of the Zoning Ordinance; and 3. The proposed project will be consistent with the purposes of the HR1 District, given that; a) The project will provide for high-density residential development in the HR1 District, a high-density residential zoning district; b) The project will Attachment 1-6 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 provide a wide variety of housing opportunities in terms of housing type (market- rate, ADA-accessible and affordable residential ‘rental’ units) and sizes (1- bedroom unit 806 sq. ft. in size and 2-bedroom units 807- 899 sq. ft. in size), c) The project will help promote San Rafael's Downtown area as a viable commercial and financial center, and as an urban center with a mixture of civic, social, entertainment, cultural and residential uses due to its unique location in the Downtown (one block south of Fourth St.); future residents are anticipated to frequent existing and future businesses in the Downtown and help achieve the City’s goal of ‘alive-after-five’ by helping to activate the Downtown in the evenings and on weekends; d) The project will help create an inviting appearance along both the Third St. and Shaver St. frontages by installing new street trees and landscaped setbacks; e) The project has been reviewed by the appropriate City department and non-city agencies and determined that adequate infrastructure exists to meet all new service demands; and f) On February 19, 2020, the Design Review Board reviewed and recommended approval of the project, determining the project design will protect and enhance the existing land use development pattern and character within the immediate surrounding neighborhood, which is a mixture of high-density multifamily residential to the south, commercial to the north and east and duplex residential to the west. B. The proposed new multifamily residential development with Parking Modifications to reduce required parking from eight (8) to seven (7) spaces and to increase the percentage of allowable compact parking from 30% (2 spaces) to 50% (4 spaces), as revised and conditioned, will not be detrimental to the public healrth, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City, given that; the project has been reviewed by appropriate City departments, non-City agencies, the appropriate surrounding neighborhood groups (Downtown Business Improvement District, and Federation of San Rafael Neighborhoods), interested parties, the Design Review Board at three (3) separate meetings (conceptual review on February 5, 2019 and formal project review on December 17, 2019 and February 19, 2020) and conditions of approval have been included to mitigate any potential negative impacts anticipated to be generated by the proposed project; Both the Public Works and Community Development Directors support the Parking Modification to reduce required parking, give that; bicycle parking will be increased (from 2 to 6 secured/garage bicycle parking spaces) and the area surrounding the project site has been determined to have ample street parking beyond Shaver St. and Latham St.; Both the Public Works and Community Development Directors also support the Parking Modification to increase the percentage of compact parking for the project, from a maximum of 30% (2 spaces) to 50% (4 spaces) to help provide greater maneuverability within the garage area; and C. The proposed new multifamily residential development with Parking Modifications to reduce required parking from eight (8) to seven (7) spaces and to increase the percentage of allowable compact parking from 30% (2 spaces) to 50% (4 spaces), as revised and conditioned, will comply with each of the applicable provisions of the Zoning Ordinance, given that; as documented in the Zoning Ordinance Consistency Table (Exhibit 4; 4/14/20 Planning Commission Staff Report). Attachment 1-7 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 Environmental and Design Review Permit (ED19-030) Findings A. The project design, as revised and conditioned, will be in accordance with the San Rafael General Plan 2020, the objectives of Title 14 of the San Rafael Municipal Code (the Zoning Ordinance) and the purposes of Chapter 25 of the Zoning Ordinance (Environmental and Design Review Permits), given that; 1. As documented in the General Plan 2020 Consistency Table (Exhibit 3; 4/14/20 Planning Commission Staff Report), the proposed project will implement and promote the goals and policies of the San Rafael General Plan 2020; 2. As documented in the Zoning Ordinance Consistency Table (Exhibit 4; 4/14/20 Planning Commission Staff Report), the proposed project will be consistent with the objectives of the Zoning Ordinance; and 3. The proposed project will be consistent with the purposes of Environmental and Design Review Permits, given that; the project will maintain and improve the quality of, and relationship between, development and the surrounding area to contribute to the attractiveness of the City, as determined during the review of the project by the Board during three (3) separate meetings (conceptual review on February 5, 2019 and formal design review on December 17, 2019 and February 19, 2020). On February 19, 2020, the Board unanimously recommended approval of the site and building design, as revised and presented. B. The project design, as revised and conditioned, is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the High-Density Residential (HR1) District in which the project site is located, given that; 1. The project will be consistent with the maximum allowable density for the site, which is 6 units based on 6,264 sq. ft. of total lot area, subject to a request for an automatic density bonuses under the State Density Bonus law after meeting mandatory affordable housing requirements (By providing 1 affordable rental unit, the project is eligible for up to 3 bonus density units. The project proposes 1 density bonus unit); 2. The project will be consistent with the maximum height allowed (Uniform Building Code 1997) for the project site, which is 36’ (The project proposes a 35’ building height); 3. The project will be consistent with the minimum required front yard setback, which is 15’ front (Shaver St. frontage); 4. The project will be consistent with the minimum required street side yard setback (Third St. frontage), subject to the approval of a requested setback reduction as an automatic concession under the State Density Bonus law after meeting mandatory affordable housing requirements (reduced from 10’ to 8’); 5. The project will be consistent with the minimum required interior side yard setback (shared with the commercial office at 220 Shaver St.), subject to the approval of a requested setback reduction as a Variance (reduced from 5’ to zero or 0’) and separate findings have been made below; 6. The project will be consistent with the minimum required garage setback (Shaver St.), subject to the approval of a requested setback reduction as a Variance (reduced from 20’ to 15’) and separate findings have been made below; Attachment 1-8 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 7. The project will be consistent with the maximum allowable lot coverage, subject to the approval of a requested increase in lot coverage as an automatic concession under the State Density Bonus law after meeting mandatory affordable housing requirements (increased from 60% to 65%); 8. The project will be consistent with the minimum landscaping requirement for the project site, which is 50% of the required front and street side yards (The project proposes 489 sq. ft. of required front yard landscaping where 466 sq. ft. is required and 1,031 sq. ft. of required street side yard landscaping where 627 sq. ft. is required); 9. The project will provide 1,552 sq. ft. of private and common outdoor recreational area or an average of 212.7 sq. ft. of outdoor recreational area per unit where a minimum of 700 sq. ft. or an average of 100 sq. ft. is required; 10. The project will be consistent with the parking requirement, subject to the approval of a requested Parking Modification, to reduce the required parking from 8 to 7 on-site parking spaces by elimination of the required (1 space) guest parking and separate findings have been made above; 11. The project will be consistent with the compact parking space requirement, subject to the approval of a requested Parking Modification, to increase the percentage of compact parking spaces from a maximum of 30% to 50% (increased from 2 to 4 compact spaces) and separate findings have been made above; 12. The provisions of Marin Municipal Water District’s (MMWD) most recent water conservation and new ‘graywater’ requirements apply to the project, where MMWD approval is required prior to the issuance of any building or grading permit; and 13. The proposed project will be consistent with review criteria for Environmental and Design Review Permits (Chapter 14.25 of the Zoning Ordinance), by proposing a consistent, high-quality architectural design (colors and materials; scale; bulk and mass; fenestration and articulation) throughout the project site. C. The project design, as revised and conditioned, minimizes adverse environmental impacts, given that; 1. The project design includes storm water retention areas or ‘bioswales’ which will have the effect of creating a ‘no net change’ in the rate of storm water drainage on the project site, as determined and recommended for approval by the City Engineer after reviewing submitted drainage plans for the project; 2. The project site is already significantly developed and disturbed and neither contains, nor is immediately contiguous to, recognizable wetlands, creeks or similarly sensitive environmental features, and it has not been identified in the San Rafael General Plan 2020 (Exhibit 38 – Threatened and Endangered Species) as a general location were threatened and endangered species have been previously observed or maintain a suitable habitat for their likely presence to be found; and 3. The project is exempt from CEQA pursuant to CEQA Guidelines Section 15332 (In-Fill Development Projects), as determined by staff (see determination below). D. The project design, as revised and conditioned, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City, given that; the project has been reviewed by appropriate City departments, non-City agencies, the appropriate surrounding Attachment 1-9 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 neighborhood groups (Federation of San Rafael Neighborhoods and Downtown Business Improvement District), interested parties, and the Design Review Board during three (3) separate meetings (conceptual review on February 5, 2019 and formal design review on December 17, 2019 and February 19, 2020). On February 19, 2020, the Board unanimously recommended approval of the site and building design, as revised and presented. Variance (V19-003) Findings A. Because of special circumstances are applicable to the site, including size, shape, topography, location or surroundings, strict application of the side yard setback requirements and retaining wall height deprives the properties of privileges enjoyed by other properties in the vicinity and within the same High-Density Multifamily Residential (HR1) District, given that: the site is a triangular-shaped corner lot (Third St. and Shaver St.) which eliminates the rear yard and has an average width of 48’ where a minimum 60’ lot width is required. These inherent lot characteristics significantly impact site design; B. The Variance will not constitute a grant of special privileges inconsistent with development limitations on other properties in the vicinity and within the same HR1 District, given that: there exist multiple lots in the vicinity of the site, within the same city block and within the same HR1 District zoning designation, which have similar existing legal nonconforming development encroachments into the required yard setbacks, including, but not limited to, 103, 105, 107, 109, 111-117, and 220 Shaver St. and the existing single-family residence located on the project site; C. Granting the Variance does not authorize a use or activity which is not otherwise expressly authorized in the HR1 District in which the site is located, given that. 1) Multifamily residential land use is permitted by right in the HR1 District; and 2) The project will essentially continue the existing interior side yard setback encroachment, from the existing single-family residence constructed on the project site; and D. Granting the Variance will not be detrimental or injurious to property or improvements in the vicinity of the site, or to the public health, safety or general welfare, given that; 1) The project will be compliant with the required front yard setback (15’) and street side setback, to subject to the approval of a requested setback reduction as an automatic concession under the State Density Bonus law after meeting mandatory affordable housing requirements (reduced from 10’ to 8’); 2) The project will be compliant with the required safe sight distance/vision triangle (15’) for the driveway along Shaver St., subject to final review of the landscape plan by the City Engineer; 3) The project will not negatively impact the use or enjoyment of the existing, active outdoor recreation areas, or solar access, on the immediate adjacent property at 220 Shaver St., which is setback approximately 75’ from the common interior side property line; and 4) The project has been reviewed by the appropriate City departments and non-city agencies, including the Chief Building Official and the Deputy Fire Chief, who have recommended approval of the project after determining the project design complies with all applicable building and fire codes. California Environmental Quality Act (CEQA) Findings Attachment 1-10 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 Pursuant to CEQA (California Environmental Quality Act) Guidelines Section 15061, the proposed project is exempt from CEQA pursuant to CEQA Guidelines Section 15332 (In-Fill Development Projects). A Class 32 categorical exemption under the CEQA Guidelines applies to this in-fill development project by meeting specific criteria listed below: a) The project is consistent with all applicable General Plan and policies and Zoning Ordinance regulations as documented by the attached consistency tables (see Exhibits 3 and 4); b) The proposed development is located with the city limits on a project site no more than five (5) acres substantially surrounded by urban uses given that the project site is 6,264 sq. ft. (0.13 acre) in area. The project site is located within the jurisdictional boundaries of the City of San Rafael and is surrounded by urban development; c) The project site has no value as habitat for endangered, are or threatened species given that the project site, and all of Downtown, is not identified in the General Plan (Conservation Element; Exhibit 38, “Threatened and Endangered Species” map) as containing suitable or critical habitat to sustain threatened and endangered species; d) Approval of the project would not result in any significant impacts to traffic, noise, air quality or water quality given that appropriate studies were conducted, submitted and reviewed by the appropriate city departments. The results are that no significant impacts would result from the project which cannot be mitigated with standard conditions of approvals e) The project site can be adequately served by all required utilities and public services given that the site is currently served, and will continue to be served, by City services and non-city agency service providers and the applicable service providers have indicated, through design or conditions, support for the project. BE IT FURTHER RESOLVED, that the City Council upholds the Planning Commission’s April 14, 2020 conditional approval of the Use Permit (UP19-013), Environmental and Design Review Permit (ED19-030 and Variances (V19-003), which allows the construction of a new 7- unit, multifamily residential apartment building with garage parking and associated site improvements, including minor grading, drainage and landscaping, on a Downtown parcel located at 104 Shaver St., subject to the following conditions of approval: Use Permit (UP19-013) Conditions of Approval General and On-Going Community Development Department, Planning Division 1. This Use Permit approves a Parking Modification to allow the elimination of guest parking (1 space) and the reduction in total required on-site parking, from eight (8) parking spaces to seven (7) parking spaces. 2. This Use Permit approves a Parking Modification to allow the increase in percentage of compact parking spaces for the project, from 30% (2 spaces) to 50% (4 spaces). Attachment 1-11 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 3. This Use Permit does not allow the subsequent conversion of the approved residential ‘rental’ units or apartments without a separate Tentative Map application submittal to the Community Development Department, Planning Division, in compliance with Subdivision Ordinance (currently Sections 15.02.02 - .04 of the SRMC), and review and approval by the Planning Commission. It is strongly recommended that Tentative Map approval be obtained prior to Building Permit issuance for the project. A Tentative Map application shall also require submittal to amend this Use Permit and the Environmental and Design Review Permit (ED19-030) for the project 4. This Use Permit shall run with the land and shall remain valid regardless of any change- of ownership of the project site, subject to these conditions. This Use Permit will fully vest once a building/grading permit is issued and ‘substantial construction’ is commenced or a time extension request is submitted to the City’s Community Development Department, Planning Division, within two (2) years of original approval, or by June 1, 2022 (‘Substantial construction’ is defined as the pouring of all required foundations and the installation of vertical components, such as exterior walls). Failure to obtain a grading/building permit and commence ‘substantial construction’ or submit a time extension request by the specified date will result in the expiration of this Use Permit. 5. This Use Permit shall run concurrently with the Environmental and Design Review Permit (ED19-030) and Variance (V19-003) approvals. If the Environmental and Design Review Permit and Variance approvals expire, this Use Permit approval shall also expire and become invalid. Environmental and Design Review Permit (ED19-030) Conditions of Approval General and On-Going Community Development Department, Planning Division 1. The building techniques, colors, materials, elevations and appearance of the project, as presented to the Planning Commission at their April 14, 2020 hearing, and on file with the Community Development Department, Planning Division, shall be the same as submitted for building permits, subject to these conditions. Minor modifications or revisions to the project shall be subject to review and approval of the Community Development Department, Planning Division. Further modifications deemed not minor by the Community Development Director shall require review and approval by the original decision-making body, the Planning Commission and may require review and recommendation by the City’s Design Review Board. 2. The approved colors for the project are a combination of smooth stucco finish (Dryvit Natural White 103, Freestyle and Dryvit Mountain Fog 132, Freestyle) along the ground- floor base and clerestory and tongue-and-groove horizontal wood siding (Thermory Ash Cladding C20, ¾” thickness) along the upper stories. Black composition roof singles (CertainTeed Landmark Designer “More Black”) and dark bronze anodized casement and sliding window, door and roof flashing are also approved. Any future modification to the color palette shall be subject to review and approval by the Planning Division and those modifications not deemed minor shall be referred to the Design Review Board for review and recommendation prior to approval by the Planning Division. Attachment 1-12 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 3. This Environmental and Design Review Permit approves the demolition of one (1) single- family residence on the site and the construction of a new 7-unit, multifamily ‘rental’ residential building with ground-floor garage parking and associated site improvements (drainage and landscaping). 4. All garage parking spaces shall be pre-wired to allow for future installation of Level 2 (240- volt) electric charging stations. 5. All ‘off-haul’ of excavation, delivery of materials and delivery/pick-up of construction equipment shall occur during off-peak weekday hours, between 9:00 a.m. and 4:00 p.m., Monday through Friday only. 6. Consistent with the standard noise ordinance requirements for construction (SRMC Chapter 8.13), all grading and construction activities shall be limited to 7 a.m. to 6 p.m., Monday through Friday, and 9 a.m. to 6 p.m., Saturdays. All grading and construction activities are strictly prohibited on Sundays and State- or federally-recognized holidays. 7. Final landscape and irrigation plans for the project shall comply with the provisions of Marin Municipal Water District’s (MMWD) most recent water conservation ordinance and graywater recycling system requirements. Construction plans submitted for issuance of building/grading permit shall be pre-approved by MMWD and stamped as approved by MMWD or include a letter from MMWD approving the final landscape and irrigation plans. Modifications to the final landscape and irrigation plans, as required by MMWD, shall be subject to review and approval of the Community Development Department, Planning Division. 8. All new landscaping shall be irrigated with an automatic drip system and maintained in a healthy and thriving condition, free of weeds and debris, at all times. Any dying or dead landscaping shall be replaced in a timely fashion. 9. All site improvements, including but not limited to the site lighting, hardscape, and fencing/gates shall be maintained in good, undamaged condition at all times. Any damaged improvements shall be replaced in a timely manner. 10. The site shall be kept free of litter and garbage. Any trash, junk or damaged materials that are accumulated on the site shall be removed and disposed of in a timely manner. 11. All public streets and sidewalks and on-site streets which are privately owned that are impacted by the grading and construction operation for the project shall be kept clean and free of debris at all times. The general contractor shall sweep the nearest street and sidewalk adjacent to the site on a daily basis unless conditions require greater frequency of sweeping. 12. All submitted building permit plan sets shall include a plan sheet incorporating these conditions of approval. 13. If archaeological or cultural resources are accidentally discovered during excavation/grading activities, all work will stop within 100 feet of the resource and the qualified archaeologist will be notified immediately. The qualified archaeologist will contact Federated Indians of Graton Rancheria (FIGR) and the Planning Division and coordinate the appropriate evaluation of the find and implement any additional treatment or protection, if required. No Attachment 1-13 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 work shall occur in the vicinity until approved by the qualified archaeologist, FIGR and Planning staff. Prehistoric resources that may be identified include, but shall not be limited to, concentrations of stone tools and manufacturing debris made of obsidian, basalt and other stone materials, milling equipment such as bedrock mortars, portable mortars and pestles and locally darkened soils (midden) that may contain dietary remains such as shell and bone, as well as human remains. Historic resources that may be identified include, but are not limited to, small cemeteries or burial plots, structural foundations, cabin pads, cans with soldered seams or tops, or bottles or fragments or clear and colored glass. 14. If human remains are encountered (or suspended) during any project-related activity, all work will halt within 100 feet of the project and the County Coroner will be contacted to evaluate the situation. If the County Coroner determines that the human remains are of Native American origin, the County Coroner shall notify FIGR within 24-hours of such identification who will work with Planning staff to determine the proper treatment of the remains. No work shall occur in the vicinity without approval from Planning staff. 15. Applicant agrees to defend, indemnify, release and hold harmless the City, its agents, officers, attorneys, employees, boards and commissions from any claim, action or proceeding brought against any of the foregoing individuals or entities ("indemnities"), the purpose of which is to attack, set aside, void or annul the approval of this application or the adoption of any environmental document which accompanies it. This indemnification shall include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties and the indemnities, arising out of or in connection with the approval of this application, whether or not there is concurrent, passive or active negligence on the part of the indemnities. 16. In the event that any claim, action or proceeding as described above is brought, the City shall promptly notify the applicant of any such claim, action or proceeding, and the City will cooperate fully in the defense of such claim, action, or proceeding. In the event the applicant is required to defend the City in connection with any said claim, action or proceeding, the City shall retain the right to: 1) approve the counsel to so defend the City; 2) approve all significant decisions concerning the manner in which the defense is conducted; and 3) approve any and all settlements, which approval shall not be unreasonably withheld. Nothing herein shall prohibit the City from participating in the defense of any claim, action or proceeding, provided that if the City chooses to have counsel of its own to defend any claim, action or proceeding where applicant already has retained counsel to defend the City in such matters, the fees and the expenses of the counsel selected by the City shall be paid by the City. 17. As a condition of this application, applicant agrees to be responsible for the payment of all City Attorney expenses and costs, both for City staff attorneys and outside attorney consultants retained by the City, associated with the reviewing, processing and implementing of the land use approval and related conditions of such approval. City Attorney expenses shall be based on the rates established from time to time by the City Finance Director to cover staff attorney salaries, benefits, and overhead, plus the actual fees and expenses of any attorney consultants retained by the City. Applicant shall reimburse the City for City Attorney expenses and costs within thirty (30) days following billing of same by the City. Attachment 1-14 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 18. This Environmental and Design Review Permit shall run with the land and shall remain valid regardless of any change of ownership of the project site, subject to these conditions. This Environmental and Design Review Permit will fully vest once a building/grading permit is issued and ‘substantial construction’ is commenced or a time extension request is submitted to the City’s Community Development Department, Planning Division, within two (2) years of original approval, or by June 1, 2022 (‘Substantial construction’ is defined as the pouring of all required foundations and the installation of vertical components, such as exterior walls). Failure to obtain a grading/building permit and commence ‘substantial construction, or failure to obtain a time extension within the two-year period, will result in the expiration of this Environmental and Design Review Permit. 19. This Environmental and Design Review Permit shall run concurrently with the Use Permit (UP19-013) and Variance (V19-003) approvals. If the Environmental and Design Review Permit expires, the Use Permit and Variance approvals shall also expire and become invalid. Prior to Issuance of Demolition Permits Community Development Department, Building Division 20. Prior to issuance of a demolition permit, the project sponsor shall submit verification that the requirements of the Bay Area Air Quality Management District (BAAQMD) have been met and necessary permits have been issued for demolition of the existing buildings. 21. Prior to the issuance of a demolition permit, the applicant shall submit written verification from a pest control consultant indicating that the project site has been serviced to eliminate rodents. 22. Any demolition of existing structures will require a permit. Submittal shall include three (3) copies of the site plan, asbestos certification and PG&E disconnect notices. Also, application must be made to the Bay Area Air Quality Management District prior to obtaining the permit and beginning work. Public Works Department 23. Prior to demolition permit, the applicant shall submit a detailed traffic control plan for review and approval of the traffic division. All traffic from any off-haul of demolition materials shall be conducted outside of the A.M. or P.M. peak hours (after 9:00 A.M and before 4:00 P.M.). 24. All construction staging shall occur on-site or another site with appropriate approvals from property owner. No staging shall occur on City right-of-way without review and approval of the Public Works Department. 25. A plan for the demolition shall be submitted for review and approval of the City Traffic Engineer. This plan shall indicate the haul/truck routes, size of trucks to be used for hauling off-haul and the frequency/times of any off-haul. Prior to Issuance of Grading/Building Permits Community Development Department, Planning Division 26. To reduce potential temporary construction and grading noise impacts on the project site to meet the City’s 90 dBA noise limit, the applicant shall demonstrate to the satisfaction of the Attachment 1-15 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 Community Development Department, Planning Division, that the project complies with the following: A. Construction contracts specify that all construction and grading equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other State-required noise attenuation devices. B. Property owners and occupants located within 250 feet of the project boundary shall be sent a notice, at least 15-days prior to commencement of construction or grading of each phase, regarding the construction or grading schedule of the project. A sign, legible at a distance of 50 feet (50’) shall also be posted at the project site. All notices and signs shall be reviewed and approved the Community Development Director (or designee), prior to mailing or posting and shall indicate the dates and duration of construction or grading activities, as well as provide a contact name and a telephone number where residents and business owners can inquire about the construction or grading process and register complaints. C. The General Contractor shall provide evidence that a construction staff member would be designated as a Noise Disturbance Coordinator and would be present on- site during construction or grading activities. The Noise Disturbance Coordinator shall be responsible for responding to any local complaints about construction or grading noise. When a complaint is received, the Noise Disturbance Coordinator shall notify the Community Development Department, Planning Division, within 24- hours of the compliant and determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall implement reasonable measures to resolve the complaint, as deemed acceptable by the Community Development Director (or designee). All notices that are sent to residential units and business owners immediately surrounding the project site and all signed posted at the project site shall include the contact name and telephone number for the Noise Disturbance Coordinator. D. The applicant shall demonstrate to the satisfaction of the Community Development Director (or designee) that construction and grading noise reduction methods shall be used where feasible. These reduction methods include shutting-off idling equipment, installing temporary acoustic barriers around stationary construction and grading noise sources, maximizing the distance between construction and grading staging areas and occupied residential and commercial areas, and electric air compressors and similar power tools. E. Construction and excavation/grading off-haul truck routes shall be designed to avoid noise sensitive uses (e.g., residences, assisted senior living facilities, hospitals, etc.) to the greatest extent feasible. F. During construction and grading, stationary equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. 27. The project sponsor shall inform the contractor, general contractor or site supervisor of these requirements and shall be responsible for informing subcontractors of these requirements and for implementing these measures on the site. Attachment 1-16 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 28. Any outstanding Planning Division application processing fees shall be paid prior to grading or building permit issuance. 29. All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances not entirely enclosed within the building shall be fully-screened from public view. The method used to accomplish the screening shall be indicated on the building plans and approved by the Planning Division. 30. An acoustical study, by a qualified (licensed) acoustical engineer, shall be submitted to the Community Development Department, Planning Division, for review and approval with recommendations on window, balcony door, and exterior wall STC rating requirements to comply with acceptable interior noise levels (40 dBA in bedrooms and 45 dBA in all other rooms) and outdoor common areas (60 dBA) adopted by the City. This acoustical study also shall review any alternate means of achieving outdoor air and confirm that any mechanical ventilation system will not compromise the noise reduction provided by the recommended window, balcony door and wall assemblies. The construction drawings for the project shall incorporate all measures identified in the acoustical study to mitigate ambient noise impacts. 31. A Lighting Plan/Photometric study shall be submitted for review and approval with the Building Permit plans and shall provide the following illumination levels: a) A minimum of one (1) foot candle at ground level overlap at all exterior doorways and throughout the vehicle parking area; b) A minimum of one-half (1/2) foot candle at ground level overlap on all outdoor pedestrian walkways and common areas; and c) A maximum one (1) foot candle at ground level overlap at all property lines. 32. A Construction Management Plan (CMP) shall be prepared and submitted to the Community Development Department, Planning Division, for review and approval of both Community Development Department and Department of Public Works. The CMP shall include a. Projected schedule of work, b. Projected daily construction truck trips, c. Proposed construction truck route, location of material staging areas, d. Location of construction trailers, location of construction worker parking, e. Designated contact information for contractor and property owner to be posted on site in case of noise or other construction-related activities. f. Statement that the project shall conform to the City’s Noise Ordinance (Chapter 8.13 of the San Rafael Municipal Code), g. Statement that no construction truck traffic shall encroach into any of the surrounding residential neighborhood streets at any time, and h. Statement that the existing roadway conditions on Third St. and Shaver St. shall be memorialized on digital recording format prior to the start of construction and that the project sponsor shall be required to repair any roadway damage created by the additional construction truck traffic. i. In the event that the CMP is conflicting with any conditions imposed by the grading permit for the project, the more restrictive language or conditions shall prevail. 33. The project shall mitigate potential air quality impacts associated with construction and grading activities by preparing and submitting a Dust Control Plan to the City of San Rafael Community Development Department for review and approval. This Dust Control Plan shall implement BAAQMD (Bay Area Air Quality Management District) established standard Attachment 1-17 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 measures (Basic Construction Mitigation Measures) for reducing fugitive dust emissions, including but not limited to: • All exposed surfaces (e.g., parking areas, staging areas soil piles, graded areas and unpaved access roads) shall be watered two times per day. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered. • All visible mud or dirt tracked-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 mph. • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. • Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. • Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five (5) minutes (as required by the California airborne toxics control measure; Title 13, Section 2485 of California Code of Regulations (CCR)). Clear signage shall be provided for grading and construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked be a certified mechanic and determined to be running in proper condition prior to operation. 34. The Project sponsor shall inform the contractor, general contractor or site supervisor of these requirements and shall be responsible for informing subcontractors of these requirements and for implementing these measures on the site. 35. A dust control / noise control coordinator shall be designated for the Project. a. A publicly visible sign shall be posted on the site with the telephone number and the name of person regarding dust or construction complaints. This person shall be the applicant or contractor team and shall have the authority to take corrective action. The coordinator shall respond to any complaints and take corrective action within 48 hours of receipt. The BAAQMD phone number and City of San Rafael phone numbers shall also be visible to ensure compliance with applicable regulations. b. Prior to issuance of the building permit, the form, design and content of the sign shall be reviewed and approved by the Planning Division. 36. The project shall comply with the City’s affordable housing requirement with State Density Bonus (currently Section 14.16.030 of the SRMC) by providing a minimum of one (1) affordable housing unit(s) at the very low-income household level. The project sponsor is required to enter into a BMR (below market rate) agreement with Marin Housing Authority (MHA), deed-restricting the income level for occupancy of the affordable unit(s), and obtain City Council approval of the BMR agreement. The configuration of the BMR unit(s) shall reflect the generally configuration of the project by providing one (1) 2-bedroom BMR unit(s). This BMR unit may ‘float’ throughout the building on a yearly basis since the project provides “rental” units. The BMR unit(s) shall be comparable in size, finishes and unit mixture to the market rate units. By complying with the City’s affordable housing requirement, the project is approved for two (2) concessions under the State Density Bonus Attachment 1-18 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 law: 1) An increase in maximum lot coverage, from 60% to 65%; and 2) A decrease in the required street side setback, from 10’ to 8’. Department of Public Works 37. Show the proposed grading on the construction drawings, including cut and fill amounts. For projects with earthwork of 50 CYDS (cubic yards) or more, a grading permit shall be required from the Department of Public Works (111 Morphew St.). Any grading permit submittal shall include a site-specific erosion and sediment control plan 38. The project is proposed as a new apartment building. However, if subdivision is pursued to create condominium units, additional frontage and infrastructure improvements may be required, including but not limited to, installation of a storm drainage system to connect to existing facilities and full-width street repaving of non-moratorium streets. 39. The applicant shall obtain confirmation from the Land Development Engineer, Department of Public Works, that the monument sign and landscaping located at the corner of Third and Shave St. complies with the safe sight distance or vision triangle requirements pursuant to Section 14.16.295 (Sight Distance) of the SRMC. 40. It is recommended that the trash enclosure not swing into the accessible aisle. However, at a minimum, the trash enclosure shall include self-closing mechanisms so that the accessible aisle will be kept clear at all times. 41. Due to the reduced garage setback, any garage gate system shall include remote activation to prevent queueing onto Shaver St. 42. An encroachment permit shall be required from the Department of Public Works prior to any work within the Right-of-Way. 43. Show the frontage improvements on the construction drawings. New sidewalk, curb and gutter shall be required for the length of the property along Shaver St., including the existing curb ramp on the adjacent property (220 Shaver St.). New sidewalk, curb, gutter for the existing unused driveway apron shall be required along Third St., including those areas currently not in compliance with accessibility requirements. During construction and prior to repaving, the City may install conduit within disturbed areas of the frontages. The applicant shall coordinate with the Department of Public Works. 44. This project proposes new impervious surface. Show all new impervious surface (created or replaced). Projects over 5,000 square feet of total new impervious area are regulated under MCSTOPPP (Marin County Stormwater Pollution Prevention Program) requirements. Projects over 2,500 square feet but less than 5,000 square feet of total new impervious surface area are considered “small projects” under MCSTOPPP. Provide a stormwater control plan, which includes a written document, in addition to an erosion control plan, according to the amount of total new impervious surface area. A stormwater facilities maintenance agreement may be required. More specific information is available from MCSTOPPP, hosted on the Marin County Website. See tools and guidance, and post construction requirements at: http://www.marincounty.org/depts/pw/divisions/mcstoppp/development/new-and- redevelopment-projects. Attachment 1-19 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 45. A construction vehicle impact fee shall be required at the time of building permit issuance; which is calculated at 1% of the valuation, with the first $10,000 of valuation exempt. 46. A traffic mitigation fee shall be required at building permit issuance. Based on the proposed plans, the project results in an increase of 5 new net peak hour (2 a.m. and 3 p.m.) traffic trips and shall pay a traffic mitigation fees of $21,230 (currently $4,246 x 5). San Rafael Sanitation District (SRSD) 47. If a new or separate sewer lateral is proposed to extend to the sewer mainline, please include Civil/Utility plans with the construction drawings which comply with SRSD Standards for review and approval. 48. New sewer connection fees are required for the new residential units prior to building permit issuance. 49. Credit for existing plumbing fixtures has not been calculated. In order to receive credit for these fixtures in the existing buildings proposed for demolition, the project sponsor shall submit plans to SRSD which include a full inventory of the existing facilities accompanied by photos. Community Development Department, Building Division 50. School fees will be required for the project, calculated by, and to be paid to, the San Rafael City School District, prior to issuance of a building permit (currently located at 310 Nova Albion Way, San Rafael, CA 94903). Proof of payment shall be submitted to the Building Division prior to issuance of the building permit. 51. Prior to any use or occupancy of this building or structure or any portion there of a “Certificate of Occupancy” must be issued by the Chief Building Official pursuant to California Building Code Section 111.1. Failure to secure a “Certificate of Occupancy” is a violation and will result in a $500 citation per day that the violation continues. 52. The design and construction of all site alterations shall comply with the current editions of the California Building Code, Plumbing Code, Electrical Code, California Mechanical Code, California Fire Code, California Energy Code, Title 24 California Energy Efficiency Standards, California Green Building Standards Code and City of San Rafael Ordinances and Amendments. 53. A building permit is required for the proposed work. Applications shall be accompanied by four (4) complete sets of construction drawings to include: a) Architectural plans b) Structural plans c) Electrical plans d) Plumbing plans e) Mechanical plans f) Site/civil plans (clearly identifying grade plan and height of the building) g) Structural Calculations h) Truss Calculations i) Soils reports j) Green Building documentation k) Title-24 energy documentation Attachment 1-20 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 54. Based on the distance to the property line (and/or adjacent buildings on the same parcel), the building elements shall have a fire resistive rating not less than that specified in CBC Table 601 and exterior walls shall have a fire resistive rating not less than that specified in CBC Table 602. 55. Cornices, eaves overhangs, exterior balconies and similar projections extending beyond the floor area shall conform to the requirements of CBC 705.2. Projections shall not extend beyond the distance determined by the following two methods, whichever results in the lesser projection: a) A point one-third the distance from the exterior face of the wall to the lot line where protected openings or a combination of protected openings and unprotected openings are required in the exterior wall. b) A point one-half the distance from the exterior face of the wall to the lot line where all openings in the exterior wall are permitted to be unprotected or the building is equipped throughout with an automatic sprinkler system. c) More than 12 inches into areas where openings are prohibited. 56. The new building contains several different occupancy types. Individual occupancies are categorized with different levels of hazard and may need to be separated from other occupancy types for safety reasons. Under mixed-occupancy conditions the project architect has available several design methodologies (accessory occupancies, non- separated occupancies, and separated occupancies) to address the mixed-occupancy concerns. 57. The maximum area of unprotected and protected openings permitted in the exterior wall in any story of a building shall not exceed the percentages specified in CBC Table 705.8 “Maximum Area of Exterior Wall Openings Based on Fire Separation Distance and Degree of Opening Protection.” To calculate the maximum area of exterior wall openings you must provide the building setback distance from the property lines and then justify the percentage of proposed wall openings and include whether the opening is unprotected or protected: • 15% exterior wall openings (in any story) in sprinklered buildings where the openings are 3’ to less than 5’ from the property line or buildings on the same property. • 25% exterior wall openings (in any story) in sprinklered buildings where the openings are 5’ to less than 10’ from the property line or buildings on the same property. • 45% exterior wall openings (in any story) in sprinklered buildings where the openings are 10’ to less than 15’ from the property line or buildings on the same property 58. The new building shall have address identification placed in a position that is plainly legible and visible from the street or road fronting the property. Numbers painted on the curb do not satisfy this requirement. For new buildings, the address shall be internally-illuminated or externally-illuminated and remain illuminated at all hours of darkness. Number shall be a minimum 6 inches in height with ½ inch stroke for commercial applications. The address shall be contrasting in color to their background (SMC 12.12.20). 59. Any demolition of existing structures shall require a permit. Demolition permit submittal shall include three (3) copies of the site plan, asbestos certification and PG&E disconnect notice. All required permits from the Bay Area Air Quality Management District shall be obtained and documentation provided prior to building permit issuance and any work commencing. Attachment 1-21 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 60. A grading permit is required for any grading or site remediation, soils export, import and placement. Provide a detailed soils report prepared by a qualified engineer to address these procedures. In particular, the report should address the import and placement and compaction of soils at future building pad locations and should be based on an assumed foundation design. This information should be provided to Building Division and Department of Public Works for review and comments prior to any such activities taking place. 61. Prior to building permit issuance for the construction of the new building, geotechnical and civil pad certifications are to be submitted. Building pad locations will have to be surveyed and marked prior to placement of foundations. 62. Ventilation area required, the minimum openable area to the outdoors is 4 percent of the floor area being ventilated CBC 1203.5.1 or mechanical ventilation in accordance with the California Mechanical Code. 63. Natural light, the minimum net glazed area shall not be less than 8 percent of the floor area of the room served CBC 1205.2 or shall provide artificial light in accordance with CBC 1205.3. 64. Walls separating purposed tenant space from existing neighboring tenant spaces must be a minimum of 1-hour construction. 65. All site signage as well as wall signs require a separate permit and application (excluding address numbering). 66. You must apply for a new address for this building from the Building Division. 67. Monument sign(s) located at the driveway entrance(s) shall have address numbers posted prominently on the monument sign and shall be compliant with the safe sight distance/vision triangle (Section 14.16.295 of the SRMC). 68. In the parking garage, mechanical ventilation will be required capable of exhausting a minimum of .75 cubic feet per minute per square foot of gross floor area pursuant to CMC Table 4-4. 69. In the parking garage, in areas where motor vehicles are stored, floor surfaces shall be of noncombustible, nonabsorbent materials. Floors shall drain to an approved oil separator or trap discharging to sewers in accordance with the Plumbing Code and SWIPP. 70. The parking garage ceiling height shall have a minimum vertical clearance of 8’ 2” where required for accessible parking. 71. The project shall be designed to provide access to the physically disabled in accordance with requirements of Title-24, California Code of Regulation. For existing buildings and facilities when alterations, structural repairs or additions are made, accessibility improvements for persons with disabilities may be required. Improvements shall be made, but are not limited to, the following accessible features: a) Path of travel from public transportation point of arrival b) Routes of travel between buildings c) Accessible parking Attachment 1-22 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 d) Ramps e) All public entrances f) Sanitary facilities (restrooms) g) Drinking fountains & Public telephones (when provided) h) Accessible features per specific occupancy requirements i) Accessible special features, (i.e., ATM's point of sale machines, etc.) 72. The site development of items such as common sidewalks, parking areas, stairs, ramps, common facilities, etc. are subject to compliance with the accessibility standards contained in Title-24, California Code of Regulations. Pedestrian access provisions should provide a minimum 48" wide unobstructed paved surface to and along all accessible routes. Items such as signs, meter pedestals, light standards, trash receptacles, etc., shall not encroach on this 4' minimum width. Also, note that sidewalk slopes and side slopes shall not exceed published minimums per California Title 24, Part 2. The civil, grading and landscape plans shall address these requirements to the extent possible. 73. Multistory apartment buildings with three (3) or more residential units or condominium buildings with four (4) or more residential units shall provide at least 10% of the dwelling units, but no less than one (1) dwelling unit, which comply with the accessible requirements per CBC 1102A.3, as follows: a) The primary entry to the dwelling unit shall be on an accessible route unless exempted by site impracticality tests in CBC Section 1150A. b) At least one powder room or bathroom shall be located on the primary entry level, served by an accessible route. c) All rooms or spaces located on the primary entry level shall be served by an accessible route. Rooms and spaces located on the primary entry level and subject to this chapter may include but are not limited to kitchens, powder rooms, bathrooms, living rooms, bedrooms or hallways. 74. Minimum shower size in the fully accessible room must be a minimum of 60” wide by 30”. 75. Multifamily dwelling and apartment accessible parking spaces shall be provided at a minimum rate of 2 percent of the covered multifamily dwelling units. At least one space of each type of parking facility shall be made accessible even if the total number exceeds 2%. 76. When parking is provided for multifamily dwellings and is not assigned to a resident or a group of residents, at least 5% of the parking spaces shall be accessible and provide access to grade-level entrances of multifamily dwellings and facilities (e.g. swimming pools, club houses, recreation areas and laundry rooms) that serve the dwellings. Accessible parking spaces shall be located on the shortest accessible route to an accessible building, or dwelling unit entrance. 77. Public accommodation disabled parking spaces must be provided according the following table and must be uniformly distributed throughout the site: Total Number of Parking Spaces Provided Minimum Required Number of H/C Spaces 1 to 25 1 Attachment 1-23 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 Two percent of total 1,001 and over Twenty, plus one for each 100 or fraction thereof over 1,001 78. At least one (1) disabled parking space shall be van-accessible, 9’ in width plus an 8’-wide off- load area or 17’-wide overall. Additionally, one in every eight required handicap spaces shall be van accessible. 79. The proposed residential units shall meet the sound attenuation requirements of CBC Chapter 12. In particular, the residential units facing Third St. may require special glazing and/or sound attenuation features to compensate for the adjacent traffic/street noise. 80. This project is subject to the City of San Rafael Green Building Ordinance. A sliding scale is applied based on the average unit square footage. New multi-family dwellings must comply with the “Green Building Rating System” by showing a minimum compliance threshold between 65 and 75 points. Additionally, the energy budget must also be below Title 24 Energy Efficiency Standards a minimum 15%. San Rafael Fire Department, Fire Prevention Bureau 81. The design and construction of all site alterations shall comply with the current editions of the California Fire Code and City of San Rafael Ordinances and Amendments. 82. Deferred Submittals for the following fire protection systems shall be submitted to the Fire Prevention Bureau for approval and permitting prior to installation of the systems: a) Fire Sprinkler plans (Deferred Submittal to the Fire Prevention Bureau) b) Fire Underground plans (Deferred Submittal to the Fire Prevention Bureau) c) Fire Alarm plans (Deferred Submittal to the Fire Prevention Bureau) 83. Show the location of address numbers on the building elevation. The new building shall have address identification placed in a position that is plainly legible and visible from the street or road fronting the property. Numbers painted on the curb do not quality as meeting this requirement. Numbers shall contrast with the background and shall be Arabic numbers or letters. Numbers shall be internally or externally illuminated in all new construction or substantial remodels. Number sizes are as follows: For residential, 4”-tall numbers with ½” stroke. For commercial, 6”-tall numbers with ½” stroke. Larger sizes may be required for the fire code official or in multiple locations for buildings served by two or more roads. 84. As the building is over 30 feet in height, an aerial fire apparatus access roadway is required parallel to one entire side of the building. a) The Aerial apparatus access roadway shall be located within a minimum 15 feet and a maximum of 30 feet from the building. Attachment 1-24 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 b) The minimum unobstructed width for an aerial fire apparatus access road is 26’. c) Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway, or between the roadway and the building. 85. Aerial fire apparatus access roads shall be designated “fire lanes”; with curbs painted red and contrasting white lettering stating “No Parking Fire Lane” and signs shall be posted in accordance CFC Section 503.3 and to the satisfaction and approval of the San Rafael Parking Services Division. 86. When a building is fully sprinklered, all portions of the exterior building perimeter shall be located within 250’ of an approved fire apparatus access road. 87. A fire apparatus access plan shall be prepared for this project. Fire apparatus plan shall show the location the following: a) Designated fire apparatus access roads. b) Red curbs and no parking fire lane signs. c) Onsite fire hydrants. d) Fire Department Connection (FDC). e) Double detector check valve. f) Street address sign. g) Recessed Knox Box h) Fire Alarm annunciator panel. 88. A Knox Box is required at the primary point of first response to the new building (A recessed mounted Knox Box # 3200 Series; surface mounted Knox Boxes are permitted at all other entry points). The Knox Box shall be clearly visible upon approach to the main entrance from the fire lane. Note the Knox Box must be installed from 72” to 78” above finish grade; show the location on the plans. See https://www.knoxbox.com/commercial-knoxboxes/. 89. The nearest fire hydrant to the project site, located at the northwest corner of Third and Shaver St., shall be upgraded (Residential model: Clow 950. Commercial model: Clow 960). 90. The project sponsor shall contact MMWD (Marin Municipal Water District) to make arrangements for the water supply serving the fire protection system. During Construction Community Development Department, Planning Division 91. Applicant/contractor shall comply with all conditions of approval related to Construction Management Plan, and other conditions related to construction impacts. 92. The following measures shall be implemented during the demolition process: a. Watering shall be used to control dust generation during demolition of structures and breakup of pavement. b. All trucks hauling debris from the site shall be covered c. Dust-proof chutes shall be used to load debris into trucks whenever feasible. d. A dust control coordinator shall be designated for the project. The name, address and telephone number of the dust coordinator shall be prominently posted on-site and shall be kept on file at the Planning Division. The coordinator shall respond Attachment 1-25 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 regarding dust complaints promptly (within 24 hours) and shall have the authority to take corrective action. Marin Municipal Water District (MMWD) 93. District records indicate that the property’s current annual water entitlement is insufficient to meet the water demand for the project and the purchase of additional water entitlement will be required. Additional water entitlement will be available upon request and fulfillment of the following requirements: a) Complete a High-Pressure Water Service Application. b) Submit a copy of the building permit. c) Pay the appropriate fees and charges. d) Complete the structure’s foundation within 120 days of the date of application. e) Comply with the District’s rules and regulations in effect at the time service is requested, including the installation of a meter per structure per use. f) Comply with all indoor and outdoor requirements of District Code Title 13 – Water Conservation. Indoor plumbing fixtures shall meet specific efficiency requirements. Landscape, irrigation, grading and fixture plans shall be submitted to the District for review and approval. Any questions regarding District Code Title 13 – Water Conservation should be directed to the District’s Water Conservation Department at (415) 945-1497. You may also find information on the District’s water conservation requirements online at www.marinwater.org. g) Comply with the backflow prevention requirements, if upon the Districts review backflow protection is warranted, including installation, testing and maintenance. Questions regarding backflow requirements should be directed to the Backflow Prevention Program Coordinator at (415) 945-1558. h) Comply with California Water Code – Division I, Chapter 8, Article 5, Section 537, which requires individual metering of multiple living units within newly constructed structures. i) Installation of gray water recycling systems is required when practicable. Pacific Gas & Electric 94. Electric and gas service to the project site will be provided in accordance with the applicable extension rules, which are available on PG&E’s website at http://www.pge.com/myhome/customerservice/other/newconstruction or contact (800) PGE- 5000. It is highly recommended that PG&E be contacted as soon as possible so that there is adequate time to engineer all required improvements and to schedule any site work. 95. The cost of relocating any existing PG&E facilities or conversion of existing overhead facilities to underground shall be the sole responsibility of the applicant or property owner. 96. Prior to the start excavation or construction, the general contractor shall call Underground Service Alert (USA) at (800) 227-2600 to have the location of any existing underground facilities marked in the field. Prior to Occupancy Community Development Department, Planning Division 97. Prior to occupancy of any of the units, a post-construction report from an acoustical engineer shall be submitted to the Planning Division verifying that the multifamily residential units Attachment 1-26 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 comply with the interior and common outdoor area noise standards as prescribed by State Administrative Code standards, Title 25, Part 2. 98. Prior to occupancy of any of the units, a post-construction report from a lighting engineer shall be submitted to the Planning Division verifying that the lighting levels of the project comply with the City’s recommended lighting levels (see SRMC Section 14.16.227). 99. Prior to occupancy, the project Geotechnical Engineer shall submit a letter to the City identifying that the project Geotechnical Engineer inspected the project during the construction and the project complied with their recommendations and that all recommendations were property incorporated during construction of the project 100. Final inspection of the project by the Community Development Department, Planning Division, is required. The applicant shall contact the Planning Division to request a final inspection upon completion of the project. The final inspection shall require a minimum of 48-hour advance notice. 101. The landscape architect for the project shall submit a letter to the Planning Division, confirming the landscaping has been installed in compliance with the approved project plans and the irrigation is fully functioning. After Occupancy Community Development Department, Planning Division 102. Following the issuance of a Certificate of Occupancy, all new exterior lighting shall be subject to a 90-day lighting level review period by the City to ensure that all lighting sources provide safety for the building occupants while not creating a glare or hazard on adjacent streets or be annoying to adjacent residents. During this lighting review period, the City may require adjustments in the direction or intensity of the lighting, if necessary. All exterior lighting shall include a master photoelectric cell with an automatic timer system, where the intensity of illumination shall be turned off during daylight. Variance (V19-003) Conditions of Approval General and On-Going Community Development Department, Planning Division 1. This Variance approves a deviation or reduction in the required garage setback, from 20’ to 15’. 2. This Variance approves a deviation or reduction in the required interior side yard setback, from 5’ to zero (0). Department of Public Works – Land Development Division 3. Due to the reduced garage setback, any garage gate system shall include remote activation to prevent queueing onto Shaver St. Attachment 1-27 File Nos. AP20-001, UP19-013, ED19-030, & V19-003 Prior to Issuance of Grading/Building Permits Community Development Department, Planning Division 4. The applicant shall obtain confirmation from the Land Development Engineer, Department of Public Works, that the landscaping along the driveway complies with the safe sight distance or vision triangle requirements pursuant to SRMC Section 14.16.295 (Sight Distance). I, LINDSAY LARA, 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 held on Monday, the 1st day of June 2020, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk