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HomeMy WebLinkAboutCC Resolution 11470 (Design Review; 1800 Fifth Ave.)RESOLUTION NO. 11470 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED03-039) FOR PARKING LOT, LIGHTING AND LANDSCAPE IMPROVEMENTS AT 1800 FIFTH AVENUE (APN 010-291-16) (FORMER SAN RAFAEL IMPROVEMENT CLUB PROPERTY) WHEREAS, on April 7, 2003, an application was received by the Community Development Department requesting an Environmental and Design Review Permit for parking lot, lighting and landscape improvements at 1800 Fifth Avenue, and on July 23, 2003, the application was deemed complete for processing; and WHEREAS, the Environmental and Design Review Permit request was filed concurrently with applications for a General Plan Amendment (GPA03-001), and a Rezoning (ZC03-002) to amend the General Plan land use designation and Zoning District from High Density Multifamily Residential to Residential/Office to allow the proposed office use on-site; and WHEREAS, upon review of the subject applications, an Initial Study/Mitigated Negative Declaration was prepared for the proposed project consistent with the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the City Council adopted a Mitigated Negative Declaration, and approved a General Plan Amendment and Rezoning for the project, by a adoption of separate resolutions and an ordinance; and WHEREAS, on November 12, 2003, the Planning Commission held a duly -noticed public hearing on the Environmental and Design Review Permit application for the project, accepting all oral and written public testimony and the written report of the Community Development Department staff and on a 6-0-0-1 vote recommended to the City Council approval of the Environmental and Design Review Permit; and WHEREAS, on December 15, 2003, the City Council held a duly -noticed public hearing on the proposed Environmental and Design Review Permit, accepting all oral and written public testimony and the written report of the Department of Community Development. WHEREAS, the City Council makes the following findings related to the proposed Environmental and Design Review Permit: Construction of the proposed parking lot, lighting and landscape improvements would be in accord with the General Plan, the objectives of the Zoning Ordinance and the purposes of Chapter 14.25 (Environmental and Design Review Permits) of the Zoning Ordinance. Specifically, the project would be consistent with General Plan 2000 in that the project: a) would be a principally permitted use within the proposed Residential/Office land use designation (Policy LU -13); b) would include a building that is 24 feet in height (Policy LU -21); c) has been reviewed by the Design Review Board for compatibility of colors, materials, scale and building and site design with surrounding development (Policy LU -35); d) would include adequate creek setbacks for maintenance and erosion control, and preserves a historically important building (Policy LU -36); e) would create local employment while mitigating adverse impacts (Policies LU -37 and LU -38); f) would not cause traffic to exceed established parameters and would contribute its fair share toward traffic improvements in the area of San Rafael that would be affected by the proposed development (Policies C-2 and C-18); g) would mitigate noise to acceptable levels (Policy N-11); h) would avoid water quality and natural habitat impacts and protect cultural resources by including vegetated swales, maintaining adequate creek setbacks, and employing pre -construction site investigations (Policies NE -12, NE -17 and NE -23); and i) has been reviewed and conditioned to incorporate fire and crime prevention techniques by the City's Police and Fire Departments (Policies S-21 and S-23). 2. The project would be consistent with the objectives of the Zoning Ordinance given that: a) the property development standards specified in the Residential/Office District would be met; b) the project design is consistent with all applicable site, architectural and landscaping design criteria and the guidelines of the district in which the site is situated; and c) the proposed architecture, building materials and design details would be compatible with the surrounding area, harmonious with the site and would provide an attractive addition to the streetscape based on the Design Review Board's recommendation. 3. The project design minimizes adverse environmental impacts and would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity as documented in Findings 1 and 2 above and given that the recommendations from other City departments and outside agencies have been incorporated into the conditions of approval. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Environmental and Design Review Permit based on the findings above and subject to the following conditions: Mitigation Measures 1. Prior to any ground disturbing activities, subsurface investigations consisting of 30 -centimeter diameter shovel probes excavated to a depth of no more than 1 meter, shall be conducted to determine the presence of archaeological deposits. 2. In the event of the discovery of a significant subsurface deposit, work in the vicinity of the deposit shall be discontinued and further archaeological testing shall be required. At a minimum, an archaeological monitor shall be recommended to oversee all ground disturbing activities. 3. An acoustical consultant shall review the final building design and provide a letter showing that the project has been designed to comply with General Plan Policy N-11 for noise levels permissible at adjacent properties. This letter shall outline the requisite window and/or wall STC -37 ratings needed, and include review of the ventilation systems required to meet the City's noise standard. 4. Mechanical equipment shall be designed so that it does not exceed 60 dBA at the adjacent property lines. This can be achieved, for example, through the use of equipment with low radiated source power, lined exit ducts and/or silencers, and if necessary, sound -absorbing materials on the insides of the mechanical wells. The project sponsor shall hire an acoustical consultant to review the design and submit a letter, which demonstrates how the mechanical noise would achieve this goal, prior to the issuance of a building permit. 5. To minimize the construction noise at nearby noise -sensitive receptors, the following measures shall be taken: a. Neighbors located adjacent to the subject site (i.e., the residential buildings to the north and south) shall be notified in writing of the construction schedule. 2 b. Construction activities, including grading, excavation, paving and truck traffic coming to and from the construction site shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. No construction shall be allowed on weekends or holidays. c. Power construction equipment shall be turned off when not in use. d. All stationary noise -generating construction equipment, such as air compressors, shall be located as far as practical from existing nearby homes and offices. e. A construction disturbance coordinator shall be designated for the site. A coordinator approved by the City shall be hired and paid for by the project sponsor. The coordinator shall be responsible for receiving and acting on complaints about construction noise when activities are occurring. The coordinator shall determine the cause and implement remedial measures as necessary to alleviate significant noise problems. The telephone number of the coordinator shall be clearly posted on a sign at each construction site entrance. Environmental and Design Review Permit 6. This Environmental and Design Review Permit (ED03-039) shall be valid for two years or until December 15, 2005, unless a building permit has been issued and remains valid, or a time extension is granted. 7. The building techniques, materials, elevations and appearance of the project, as presented for approval on plans prepared by Alfred K. Klyce, Architects, dated September 22, 2003, shall be the same as required for issuance of a building permit. 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 of the Design Review Board and Planning Commission. 8. A final landscape plan denoting additional plantings between the building and the top of the creek bank, and a final site plan and elevations denoting the locations of the trash enclosure and mechanical equipment shall be reviewed and approved by the Design Review Board, prior to issuance of a building or grading permit. 9. A traffic mitigation fee of $5,050, adjusted according to the Lee Saylor Construction Index to take into account changes in construction costs, shall be paid prior to issuance of a building permit. This is based on a fee of $1,010 per new P.M. peak hour trips times five P.M. peak hour trips. 10. Prior to issuance of a building permit, the applicant shall submit evidence that the requirements of the Marin Municipal Water District outlined in a letter from the District to the City of San Rafael dated June 27, 2003, have been met. 11. The following requirements shall be met to the satisfaction of the Building Division: a. An erosion control plan based on the "Best Management Practices" of the Regional Water Quality Control Board shall be submitted with the application for a building permit. The plan shall show the method for controlling erosion both during and after construction. b. The site shall be winterized (i.e., all erosion control measures shall be in place) prior to any grading occurring between October 1" and April 150'. No mass grading shall occur between October 1" and April 150i without permission of the City Engineer. c. One van -accessible ADA parking space shall be required. d. Any work within the public right-of-way requires an encroachment permit from the Department of Public Works. e. Any sidewalk damaged during construction, shall be replaced to the satisfaction of the City Engineer. 12. All exterior lighting shall be shielded down. Following the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 30 -day lighting level review by Planning Division staff to ensure compatibility with the surrounding area. 13. All landscaping and irrigation shall be installed prior to the occupancy of the building or the property owner shall post a bond in the amount of the estimated landscapinglirrigation cost with the City of San Rafael. In the event that a bond is posted, all areas proposed for landscaping must be covered with bark or a substitute material approved by the Planning Division prior to occupancy. 14. The landscape architect shall submit a letter to the Planning Division, certifying that the landscaping has been installed in accordance with all aspects of the approved landscape plans, that the irrigation has been installed and been tested for timing and function, and all plants including street trees are healthy. 15. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. Prior to final occupancy, the applicants shall request an inspection from the Planning Division and submit a two-year maintenance contract for landscaping or post a two-year maintenance bond. 16. Details for proposed fencing shall be included on plans submitted for a building permit. These details shall include a plot plan and elevation indicating location, height, proposed materials, opacity, and color scheme. 17. A Notice of Intention (NOI) and a Stormwater Pollution Prevention Plan (SWPPP) shall be submitted for review and approval by the City's Stormwater Pollution Prevention Manager, prior to issuance of building or grading permits. 18. The trash enclosure area shall be covered and plumbed to the sanitary sewer. 4 I, JEANNE M. LEONCM, Clerk of the City of San Rafael, hereby certify that the forgoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held Monday, the 15`x' of December, 2003, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None A. JEMNE M. LEONCINI, City Clerk