HomeMy WebLinkAboutCC Resolution 11299 (McInnis Apartment Construction)RESOLUTION NO. 11299
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED02-159),
TENTATIVE MAP (S02-14), AND TRIP PERMIT (TP02-01) TO ALLOW THE
CONSTRUCTION OF 14 TWO-BEDROOM APARTMENTS ON A VACANT 0.92 -ACRE
PARCEL LOCATED AT THE END OF NORTH AVENUE (MCINNIS PARK
APARTMENTS IIB) (APN: 155 -370 -PARCEL B)
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL FINDS AND DETERMINES THAT:
WHEREAS, on December 9, 2002, applications for an Environmental and Design
Review Permit, Tentative Map and Trip Permit were submitted to the Community Development
Department to allow development of a 0.92 -acre site with 14 multi -family residential units and
associated site improvements, to subdivide property from an adjacent site, and to transfer 12
bonus P.M. peak hour trips to the site, and on January 21, 2003, the applications were deemed to
be complete for processing; and
WHEREAS, an accompanying Rezoning application has been processed concurrently
with the Environmental and Desgin Review Permit, Tentative Map, and Trip Permit; and
WHEREAS, the City Council has adopted a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for the proposed project by a separate resolution;
and
WHEREAS, on March 25, 2003, the San Rafael Planning Commission held a duly -
noticed public hearing on the proposed project applications and recommended that the City
Council approve the Environmental and Design Review Permit (ED02-159), Tentative Map
(S02-14), and Trip Permit (TP02-01); and
WHEREAS, on April 21, 2003, the San Rafael City Council held a duly -noticed public
hearing on the proposed project applications, as required by State law, accepting all oral and
written public testimony, the recommendation of the Planning Commission, and the written
report of the Community Development Department staff.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby approves the Environmental and Design Review Permit, Tentative Map, and Trip
Permit, for the McInnis Park Apartments IIB based on the following findings and conditions of
approval:
Environmental and Design Review Permit Findings
(ED02-159)
1. The project design is in accord with the San Rafael General Plan 2000, the objectives of the
City of San Rafael Zoning Ordinance, and the purposes of Chapter 25 in that: a) the project
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proposes structures, site improvements, landscaping, parking, and architectural design
appropriate for the setting and have been included in the proposed McInnis Park
Aprartmetnts - Planned Developnnent District Rezoning proposal (ZCO2-04); b) Zoning
Ordinance Chapter 25 — Design Criteria findings have been made below which, together with
the proposed PD standards, implement the General Plan Policies LU -19 through LU -36; c)
the project was reviewed by the Design Review Board on February 4, 2003, to ensure that the
design is compatible with the neighborhood and surrounding environs; and d) the project is
consistent with General Plan as identified in Tentative Map Finding # 1 below.
2. The project design is consistent with all applicable site, architecture and landscaping design
criteria and guidelines for the Planned Development (PD) District in which the site is located
in that: a) a PD zoning ordinance has been prepared for the site containing regulations which
implement the applicable development ciriteria; b) the project has been reviewed by the
Design Review Board to ensure the project appropriately considered its setting consistent
with the Zoning Ordinance Chapter 25 — Design Review Criteria and was recommended for
approval by the Board; and c) the site plan takes advantage of the existing site features for
appropriate visual screening and preservation of the natural hillside and trees consistent with
the General Plan 2000 and Zoning Ordinance Chapter 25.
The project's environmental impacts have been addressed in the Mitigated Negative
Declaration prepared for the project, and the project design minimizes adverse environmental
impacts by minimizing site grading and tree removal; providing off-street parking which
closely meets the City's design standards; and proposes architecture, colors and materials,
and landscaping improvements that are appropriate for the setting. Furthermore, any potential
environmental impacts to air quality and cultural resources have been assessed pursuant to
the provisions of CEQA and mitigated through project redesign and conditions of approval.
4. The project design will not be detrimental to the public health, safety or welfare, nor
materially injurious to properties or improvements in the vicinity given that the project: a)
satisfies the applicable Zoning Ordinance standards; b) meets Environmental and Design
Review Permit Finding # 3 above; and c) has been reviewed by the Design Review Board
resulting in recommendations that have been included as conditions of approval of the
Environmental and Design Review Permit.
Tentative Map Findings
(502-14)
1. The proposed Tentative Map is consistent with the San Rafael General Plan based on
the following:
Land Use - The proposed project would be consistent with Land Use Policies:
LU -1 (Timing of Development), LU -9e (Medium Density Residential Land Use
Category), LU -12 (Master Plan Zoning), LU -19 (Design Approach), LU -20
(Overall City Character), LU -21 (Building Heights), LU -22 (Bay and Hillside
Views), LU -27 (Apartment Recreation Standards), LU -29 (Tree Preservation),
LU -32 (Water Conservation), LU -34 (Residential Site Design), LU -35 (Project
Design Considerations), LU -36 (Additional Community Design Map
Considerations), LU -48 (Fire and Police Services), LU -51 (Water and Sewer
Facilities), and LU -55 (Odor Impacts) in that the project: a) was reviewed by
the Design Review Board (DRB) for conformance with Chapter 25 of the
Zoning Ordinance, which implements the applicable General Plan design
policies (LU -19 through LU -36) and the project design was recommended for
approval; b) proposes a multi -family residential use, an allowable use by the
Medium Density Residential land use designation; c) is within the permitted
density of the Medium Density Residential Land Use designation; d) has
incorporated high quality building materials and utilizes complementing
exterior finishes; e) is compatible with the density and type of development in
the surrounding neighborhood; and f) proposes a design that would be
compatible with the existing structures in the surrounding neighborhood in
terms of height, massing, colors and materials.
Circulation - The proposed project would be consistent with the following
Circulation Policies: C-1 (Level of Service), C-2 (Level of Service Midpoint),
C -3c (Timing of Development), C-4 (Trip Allocations), C-6 (Bonus Trips), C-7
(Projects in Circulation Impacted Area), and C-18 (Area Transportation
Improvement Programs) in that the project: a) would not cause the level of
service to fall below mid level D; b) has applied for and received a Trip Permit
to secure the 12 bonus P.M. peak hour trips necessary for this proposal as
identified in the Trip Permit Findings below; c) has concurrently applied for
Priority Projects Determination; and d) traffic mitigation fees will be paid.
Housing - The 14 -unit multi -family proposal would be consistent with the
following Housing Policies: H-15 (Future Development), H-17 (Quality
Affordable Housing), H-19 (Below Mark Rate Housing in Market Rate
Residential Projects), H-20 (Affordable Housing Projects), H-22 (Rent and
Income Restrictions on Rental BMR Units), and H-35 (Rental Housing) in that
the project: a) would provide two below market rate units affordable to very
low income households for 40 years; b) the two units would constitute 14.2%
affordability, less that the minimum 15% required; and c) to justify the 0.8%
deviation from the minimum 15% required to be considered an affordable
housing project, the applicant has increased the affordability from the required
one very low-income and one low-income unit to two units affordable to very
low-income households.
Safety - The project would be consistent with the following Safety Policies: S-1
(Location of Future Development), S-3 (Use of Hazard Maps in Development
Review), S-4 (Geotechnical Review), S-5 (Soils and Geologic Review), S-6
(Minimize Geological Hazards), and S-24 (Access for Emergency Vehicles) in that
the project: a) would meet the standards of the Uniform Building Code; b) would be
constructed above the 100 -year flood level; c) has been reviewed in accordance with
the City's Geotechincal Matrix; and d) has been designed to meet the Police, Fire, and
Public Works Departments project safety design requirements.
Noise The project would be consistent with the following Noise Policies: N-1 (Land
Use Compatibility Standards), N-2 (New Construction), and N-7 (Interior Noise
Standards) in that the private yard areas are directed away from the freeway, and
construction related noise impacts would be addressed by the City's Noise Ordinance,
which limits the allowable hours and days of construction.
Furthermore, the project would be consistent with following policies of the North San
Rafael Vision in Action: Homes for a Variety of People: Action A.1 - Identify
opportunities for development of housing on vacant or underutilized land and Design,
Beautification and Maintenance: Goal A - Create attractive community entries
welcoming all and lending an identity to our area.
2. The design and improvements of the proposed subdivision would be consistent with
the objectives, goals, policies and general land uses of the San Rafael General Plan
2000 in that: a) the project is consistent with the policies of the San Rafael General
Plan as identified above in Finding #1; b) the subdivision will create a developable
parcel to implement land uses and building intensities permitted under the Medium
Density Residential General Plan land use designation; and c) the subdivision would
not impact any sensitive environmental resources consistent with the plans and policies
of the City given that the project would be developed on a previously graded site that is
developed as a roadway and surrounded by existing multi -family residential
development.
3. The site at the end of North Avenue is physically suitable for the proposed type and
intensity of development based on the fact that: a) the project was reviewed by the
Design Review Board and Planning Commission, and Environmental and Design
Review Permit findings have been made determining that the project is in conformance
with the design criteria in the General Plan and Chapter 25 of the Zoning Ordinance; b)
a Mitigated Negative Declaration was prepared for the project, which contains
information evaluating and supporting the suitability of the site for the proposed
development; c) adequate services and utility systems are immediately accessible to the
site from North Avenue to serve the proposed development; and d) adequate area is
provided on-site for required parking, landscape and drainage improvements.
4. The property subject to subdivision is physically suitable for the density of
development that is proposed in that there is no change proposed to the Medium
Density Residential land use designation and the proposed 14 -unit project would be
within the permitted density of the General Plan designation.
5. The design of the subdivision and proposed improvements are not likely to cause
substantial environmental damage, or substantial and avoidable injury to fish, wildlife
or their habitats or cause serious public health problems. Based on the findings
presented in the Mitigated Negative Declaration, the proposed area of development
does not contain sensitive habitat for wildlife or waterways containing waterfowl.
Secondly, the site has been previously graded and is currently developed as a roadway
and parking area. Mitigation measures are recommended as conditions of approval to
reduce potential impacts to less -than -significant levels.
6. The design of the subdivision or the type of proposed improvements is not likely to
cause serious health problems in that: a) the proposal to subdivide the property would
comply with the City's General Plan as identified in Finding # 1 above; b) the
subdivision has been designed to be sensitive to the character and improvements of the
multi -family residential neighborhood; c) the project would be located on a site
designated for multi -family residential use subject to obtaining an Environmental and
Design Review Permit; d) there are adequate services for site development; e) the
potential environmental impacts have been assessed pursuant to the provisions of
CEQA and mitigated to a less -than -significant level through the project design and
conditions of approval; and f) the proposed subdivision has been reviewed by all
appropriate departments and conditioned accordingly to avoid any detrimental effects.
7. As proposed and conditioned, the subdivision would not conflict with any existing or
required easements in that an existing improved private roadway would provide
adequate and safe access through the site and utility connections are provided in this
private roadway to the newly created parcels.
Trip Permit Findings
(TP02-01)
1. The 14 -unit multi -family development as proposed would not exceed traffic level of service
(LOS) standards established by the General Plan for local streets in the North San Rafael area
or the Lucas Valley Road/Smith Ranch Road/U.S. Highway 101 interchange.
2. The proposed use of 12 bonus P.M. peak hour trips from the General Plan affordable housing
reserve is consistent with the specific purposes as described in Circulation Policy C-6 of the
General Plan in that the project is considered a "high priority" project because it would
provide two below market rate units affordable to very -low income households. Although the
two units would not constitute 15% of the total units as required by the General Plan, the two
units would be made affordable to very low-income households and thereby provide a greater
level of affordability than required by the General Plan.
3. The granting of 12 P.M. peak hour trips to the subject property from the General Plan
affordable housing reserve will not under the circumstances of the particular case, materially
affect the health or safety of persons residing or working in the neighborhood and will not,
under the circumstances of the particular case, be materially detrimental to the public welfare
or injurious to property or improvements in the neighborhood or to the general welfare of the
City because the project: a) would result in minimal impact on Lucas Valley Road/Smith
Ranch Road/U.S. Highway 101 interchange; b) would not result in a change in the existing
LOS conditions; and c) does not propose a use or development that would pose significant
impacts to the subject property or those surrounding.
Environmental and Design Review Permit Conditions of Approval
(ED02-159)
General Project Conditions
Planning Division
The building techniques, materials, elevations and appearance of this project, as presented for
approval on plans date stamped Approved April 21, 2003, labeled McInnis Park Apartments,
consisting of the following:
• Architectural Plans prepared by TWM Architects and Planners - Sheets A to C, and
pages 1 to 7.
• Landscape Plan prepared by Pedersen Associates consisting of Sheet L-1.
• Site Features, Grading Plan and Tentative Map prepared by Oberkamper and
Associates consisting of Sheets 1 to 2 and Sheet 1 of 1.
These plans are as on file at the Planning Division, shall be the same as required for the
issuance of a building permit, except as modified by these conditions of approval. Minor
modifications or revisions to the project shall be subject to review and approval of the
Planning Division. Modifications deemed not minor by the Community Development
Director shall require review and approval by the original decision making body.
2. This Environment and Design Review Permit approval shall be valid for a period of two
years, or until April 21, 2005, and shall be null and void unless a building permit has been
issued or a time extension has been applied for.
3. All landscaping shall meet the requirements of the Marin Municipal Water District
Conservation Ordinance.
4. This Environmental and Design Review Permit (ED02-159) approving development of a 14 -
unit multi -family residential development and associated site improvements shall run
concurrently with the approved Tentative Map (502-141) and Trip Permit (TP02-01). If
either entitlement expires, this Design Review Permit shall also expire and become invalid.
Building Division
5. All utility services shall be underground.
6. A grading permit shall be required.
7. Any work in the public right-of-way shall require an encroachment permit.
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Fire Deuartment
8. The net overhead vertical clearance for all access roadways and driveways shall be greater
than 13 feet and 6 inches.
9. Based on Uniform Building Code or Fire Code requirements, an automatic fire sprinkler
system shall be installed throughout conforming to NFPA Standard 13R
10. A permit application shall be submitted to the Fire Prevention Bureau with two sets of plans
for review prior to installation of all automatic and fixed fire extinguishing and detection
systems. Specification sheets for each type of device shall also be submitted for review.
11. Due to the wildland fire interface area, fire retardant roof covering shall be required with a
minimum Class "A" listing.
12. UL/SFM smoke detectors and openable bedroom windows shall be installed, conforming to
the Uniform Building Code.
13. A fire retardant roof covering shall be required with a minimum class "A" listing.
Conditions Required to be Satisfied Prior to Issuance of a Grading Permit
Planning Division
14. Pursuant to Mitigation Measure III.b.1 to III.b.6, the following requirements shall be noted on
the final grading plans prepared for the project or on a separate construction logistics plan
submitted for review and approval by the Community Development Department and
implemented during all phases of construction:
• All active construction areas shall be watered at least twice daily. A water truck or
equivalent method shall be in place prior to commencing grading operations.
• All trucks hauling soil, sand, and other loose materials shall be covered and maintain at
least two feet of freeboard.
• All paved access roads, parking areas and staging areas at construction sites shall be
swept daily with water sweepers and adjacent public streets shall be swept if visible soil
material is carried onto adjacent public streets.
• Excavation and grading activity shall be suspended when wind gusts exceed 25 miles per
hour.
• The project proponent 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.
Public Works
15. The project shall employ best management practices (BMPs) during site construction and
grading. A standard BMP sheet shall be attached to construction plans submitted for building
permit.
16. The applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP).
Conditions Required to be Satisfied Prior to Issuance of a Building Permit
Planning Division
17. The applicant shall comply with conditions of the Marin Municipal Water District to obtain
water service to the project. Verification of compliance shall be submitted at time of building
permit application.
18. Any outstanding Planning Division application processing fees shall be paid, including State
Fish and Game fees for filing a Notice of Determination with the County Clerk.
19. The applicant/owner shall secure a reciprocal access easement to allow for shared parking,
use of recreational facilities, and access between this project and the adjacent McInnis Park
Apartments I and H complexes. Documentation of compliance with this condition shall be
submitted to the Planning Division.
20. All mechanical equipment such as air conditioning units, meters and transformers, and
appurtenances not entirely enclosed within the structure shall be screened from public view.
The method used to accomplish the screen shall be indicated on the building plans and
approved by the Planning Division prior to issuance of the building permit. Roof venting and
all mechanical equipment proposed for the roof of the structures shall be reviewed to the
satisfaction of the Design Review Board.
21. A traffic mitigation fee of $3,245.00 shall be paid for each P.M. peak hour trip generated by
the project. Total fees paid for all 14 units shall be $38,940.00, adjusted according to the Lee
Saylor Construction Index to take into account changes in construction costs. This fee
amount is based on a fee of $3,245.00 times 12 P.M. peak hour trips in January 2003 dollars.
22. Interior noise standards for bedrooms shall be consistent with State Administrative Code
Standards Title 25, Part 2.
23. As per the Design Review Board's recommendations, additional trim shall be added to
enhance the building details and provide contrast and additional eco -stone pavers shall be
used where the concrete apron is shown to mitigate the visual impacts of the reduced planter
size.
Building Division
24. An engineered site plan showing all existing and proposed site conditions shall be submitted
with the application for a building permit, including all existing and proposed drainage
facilities, sanitary sewer facilities, and utilities.
25. A level "B" soils report shall be submitted with the application for a building permit.
26. Grading, drainage, and foundation plans shall be reviewed by the project soils engineer for
compliance with the project soils report.
27. An erosion control plan shall be submitted with the application for a building permit. The
erosion control plan shall be based on the "Best Management Practices" of the Regional
Water Quality Control Board. The project shall employ best management practices (BMPs)
during site construction and grading.
28. The erosion control plan shall show methods for controlling erosion both during and after
construction.
29. All units on the ground floor shall be "adaptable" per the California Building Code.
Furthermore, the applicant stipulated that at least one of these units shall be fully
"accessible."
Conditions Required to be Satisfied During Construction/Grading
Planning Division
30. Pursuant to Mitigation Measure V.b.1, in the event that archaeological features, such as
concentrations of artifacts or culturally modified soil deposits including trash pits older than
fifty years of age, are discovered at any time during grading, scraping, or excavation within
the property, all work shall be halted in the vicinity of the find, the Planning Division shall be
notified, and a qualified archaeologist shall be contacted immediately to make an evaluation.
If warranted by the concentration of artifacts or soils deposits, further work in the discovery
area shall be monitored by an archaeologist.
31. Pursuant to Mitigation Measure V.d.1, if human remains are encountered during grading and
construction, all work shall stop in the immediate vicinity of the discovered remains and the
County Coroner and a qualified archaeologist shall be notified immediately so that an
evaluation can be performed. If the remains are deemed to be Native American and
prehistoric, the Coroner shall contact the Native American Heritage Commission so that a
"Most Likely Descendant" can be designated.
Building Division
32. The site shall be winterized prior to the first day of October.
Conditions Required to be Satisfied Prior to Building Occupancy
Plannin.R Division
33. All landscaping as identified on the landscape plans and amended through these conditions of
approval, shall be installed.
34. Any invasive exotic plants such as gorse and broom shall be removed from the site prior to
occupancy of the buildings.
35. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and
debris. The applicant shall provide a two-year maintenance contract for landscaping or post a
two-year maintenance bond to ensure landscaping conditions are met and plantings have
established. The maintenance contract shall address maintenance of exotic removal.
36. Lighting provided to illuminate any parking facility shall be designed to reflect away from
residential uses.
37. Driveway and parking lot lighting shall be shielded downward and shall not produce undue
glare off-site. After issuance of a certificate of occupancy, all exterior lighting shall be
subject to a 30 -day lighting level review by Planning Division staff to insure compatibility
with the surrounding area.
38. A below market rate (BMR) agreement shall be approved by the City Council. Consistent
with the Priority Projects Procedure and General Plan Policy, the BMR units shall be
constructed on site and shall consist of two BMR units affordable to very low-income
households for 40 years.
39. The compact spaces, as identified in the approved site plan, shall be labeled as "compact."
Building Division
40. All earth and foundation work shall be done under the direction of the project soils engineer
and a final construction compliance soils report shall be submitted prior to occupancy.
Police Department
41. The project shall comply with the standard Police Department conditions of approval as on
file with the Planning Division for this project.
Fire Department
42. Addresses shall be posted conforming to Fire Prevention Standard 205.
43. A Fire Department approved Knox keyway system shall be installed conforming to Fire
Prevention Standard 202.
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44. The alarms from fire detection systems and commercial fire sprinkler systems shall be
monitored by a UL Central Station Company approved by the San Rafael Fire Department
and be issued a UL serially numbered Certificate for Central Station Fire Alarms.
Tentative Map Conditions of Approval
(S02-14)
Planniniz Division
This subdivision approval grants the creation of a 0.92 -acre parcel from the Smith Ranch
Homes common area parcel (APN 155 -370 -Parcel B) as illustrated on the Tentative Map for
McInnis Park Apartments IIB, prepared by Oberkamper and Associates. This approval shall
be valid for a period of two (2) years from the date of approval, or until April 21, 2005,
unless a Parcel Map has been recorded or a time extension is requested.
2. Any outstanding Planning Division application processing fees shall be paid prior to
recording of the Parcel Map, including fees for filing a Notice of Determination with the
County Clerk.
3. No further subdivision of the lots shall be permitted pursuant to the applicable Zoning
District and General Plan permitted density and lot sizes.
4. Development of the lots shall be subject to the Planned Development (PD) District zoning
(ZCO2-04) adopted for the site, the approved Environmental and Design Review Permit
(ED02-159) and Trip Permit (TP02-01).
5. Construction staging for the subdivision improvements shall be on-site.
Conditions Required to be Satisfied Prior to Issuance of Building Permit
6. Within two (2) years following approval of the Tentative Map (502-14), a Parcel Map,
prepared in accordance to the City of San Rafael's Subdivision Ordinance, shall be recorded.
7. Prior to issuance of building permits or prior to the recordation of a Parcel Map, whichever
occurs first, the developer shall pay to the City in lieu parkland dedication fees for 12 new
market rate dwellings units in accordance with the provisions of City Council Ordinance No.
1558. Parkland dedication in lieu fees are at this time based on 1989 dollars. Adjustments of
this figure may be necessary at the time of fee payment if the fair market value for parkland
and associated improvements is adjusted in accordance with Section 15.38.045 of the
Ordinance.
Trip Permit Conditions of Approval
(TP02-01)
Planning Division
This Trip Permit shall approve the transfer of 12 P.M. peak hour trips to the site from the
bonus trips reserve in the General Plan.
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2. This Trip Permit is based upon the provision of two below market rate units affordable to two
very low-income households and shall be subject to adoption of a Planned Development (PD)
District of the property (ZCO2-04) and all conditions of Environmental and Design Review
Permit (ED02-159) and Tentative Map (S02-14).
3. This Trip Permit shall run concurrently with the Environmental and Design Review Permit
(ED02-159) and Tentative Map (502-14). If either entitlement expires, this Trip Permit and
the transfer of bonus trips shall also expire.
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
City Council of said City held on Monday, the 21s` day of April, 2003 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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ZOIL'e- 4f
JEANI�E M. LEONCINI, City Clerk