Loading...
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 O�� 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. 0 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. 10 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. 11 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 12 ZOIL'e- 4f JEANI�E M. LEONCINI, City Clerk