Loading...
HomeMy WebLinkAboutCC Resolution 7877 (Reconstruction of Fire Damaged Building)RESOLUTION NO. 7877 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL UPHOLDING THE APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF UP88-24/ED88-15 AND APPROVING THE DESIGN AS MODIFIED FOR RECONSTRUCTION OF RETAIL/RESIDENTIAL FIRE DAMAGED BUILDING AT 1301-1311 FOURTH STREET WHEREAS, use permit and design review applications were submitted to the Planning Department, and the project was reviewed by the Design Review Board and the Cultural Affairs Commission and recommended for approval; and WHEREAS, on October 11, 1988, the San Rafael Planning Commission reviewed the application and heard the matter at a duly noticed public meeting and approved the project on October 25, 1988, with numerous conditions; and WHEREAS, the matter was then appealed to the City Council and the City Council heard the matter at duly noticed public hearings on November 21 and December 5, 1988; and WHEREAS, the matter was continued in order for the applicant to meet with staff to review the proposed design and to come back to Council at the December 5, 1988 meeting with their analysis. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council hereby upholds the appeal of the Planning Commission's approval of the environmental and design review permit ED88-15 and the use permit UP88-24 and approving the design as modified for reconstruction of the retail and residential fire damaged building at 1301-1311 Fourth Street, subject to the conditions listed in the attached Exhibit "A" and based on the following findings: ED88-15 (1) The proposed project, as conditioned, meets City design review requirements for the Downtown Review District set forth by the Zoning Ordinance and the General Plan 2000 in that the colors, materials of construction and design details are consistent with the criteria and policies of the aforementioned documents. (2) This project meets the Design Review Board and staff recommendations in that this building has been designed as an appropriate replacement for the former structure. This modified Victorian design is compatible in design, size and scale to other downtown properties. � RicowAi ,�r, UP88-24 (1) The granting of this use permit application will not, under the circumstances of this particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood or the City in that the project proposal, as conditioned, is consistent with the City's Zoning Ordinance requirements and the General Plan 2000 in that the building is a replacement similar in size and use to the former structure. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday , the 19th day of December 1988, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Ah -M 'LEON I•�1 �C.(� NI City Clerk EXHIBIT "A" CONDITIONS OF APPROVAL: (ED88-15) Fire Department (a) An automatic fire sprinkler system shall be installed throughout conforming to NFPA std.13 and Fire Department Std. #300. (b) A one hour fire resistive occupancy separation is required between the apartment units and the commercial space below. (c) U1/SFM smoke detectors shall be installed in each dwelling unit and at the top of the interior stairway. The stairway detector shall be capable of being audible within the tenant spaces. (d) The rear exit corridor shall be one hour fire resistive construction and protected by 20 minute self closing assemblies. (e) An approved fire department Knox keyway system shall be installed conforming to Fire Department Std. #202. f) Addresses shall be posted conforming to Fire Department Std. #205 and 205A. Police Department (g) An audible intrusion alarm shall be installed in the retail portion of the building. (h) The street numbers shall be displayed in a prominent location on the street side of the property in such a position that the number is easily visible to approaching emergency vehicles. The numbers shall be no less than 6" in height and shall be of a contrasting color to the background to which they are attached. The address numbers shall be illuminated during darkness. (i) Each individual unit within the complex shall display a prominent identification number not less than 6" in height, which is easily visible to approaching vehicular and/or pedestrian traffic. (j) The address shall be in sequence with the numerical order with the rest of the street/building. (k) The additional unit/units shall have the letter A, B, C, D, E to follow the main address number. (1) Exposed roof vents and ducts shall be grated or constructed of an impact resistant material to the satisfaction of the Police Department. Skylights shall be secured and hatch openings shall be burglary resistant. Glazing shall be of a burglary resistant glass or glass -like material. (m) Perimeter walls, fences, trash storage areas, etc., shall be built to prevent access to the roof or balconies. (n) Permanently fixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of 10 feet. This covering shall be locked against the ladder with a case-hardened hasp secured with non -removable screws or bolts. If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe,and have a minimum of 5 pin tumbler operation. (o) All exterior lighting shall be sufficient to establish a sense of well-being to the pedestrian and one that is sufficient to facilitate recognition of persons at a reasonable distance. Type and placement of lighting shall be to the satisfaction of the Police Department. (p) All garden and exterior lighting shall be vandal resistant. (q) All exterior lighting shall be on a master photoelectric cell. (r) The minimum of one foot candle at ground level overlap shall be provided in all exterior doorways and vehicle parking area. (s) A minimum of one foot candle lighting shall be installed at ground level overlap in hallways leading to living units. (t) All exterior man doors shall be of solid core construction with a minimum thickness of one and three fourths inches (1 - 3/4") or with panels not less than nine sixteenth inches (9/16") thick. Side garage doors and doors leading from the garages areas to private residences or multiple dwelling residences are included in this requirement. (u) Metal framed glass doors shall be set in metal door jambs. (v) Glass sliding doors shall have a secondary type locking device to the satisfaction of the police department. The secondary lock shall be a dead bolt lock and shall be no less than 1/8 inch in thickness and shall have a minimum hardened steel throw of 1/2 inch. (w) Exterior man doors and doors leading from the garage areas into the private residences or multiple dwelling residences, shall have a dead locking latch device with a minimum throw of 1/2 inch. A secondary lock is required and shall be a dead bolt lock with a cylinder guard and a hardened steel throw that is a minimum of 1 inch long. Both locking mechanisms shall be keyed the same. (x) Both locking mechanisms shall be interconnected so that both may be disengaged.by turning the door knob from inside. (y) Metal framed glass doors shall have a dead bolt lock with a cylinder guard and a hardened steel throw that is a minimum of 1 inch long. (z) Exterior jambs for doors shall be so constructed or protected so as to prevent violation of the function of the strike plate from the outside. The strike plate shall be secured to the jamb by a minimum of two screws which must penetrate at least 2 inches into the solid backing beyond the jamb. (aa) Front doors to living units shall have a front door viewer that provides a minimum of 180 degree peripheral vision. (bb) Delivery doors shall have a door viewer that provides a minimum of 180 degree peripheral vision. (cc) Exterior doors that swing outward shall have non -removal hinge pins. (dd) In -swinging exterior doors shall have rabbited jambs. (ee) Glass on exterior doors or within 40 inches of an exterior door shall be break resistant glass or glass -like material to the satisfaction of the police department. (ff) The exterior man door requirements shall apply to the front door to the living units only. (gg) All windows within 12 feet of the ground level shall have a secondary lock mounted to the frame of the window. The secondary lock shall be a bolt lock and shall be no less than 1/8 inch in thickness. The lock shall have a hardened steel throw of 1/2 inch minimum length. (hh) Louvered windows shall not in installed within 8 feet of the ground level. (ii) Any window in or within 40 inches of an exterior door shall be stationary and non -removable. (jj) All window requirements apply to upstairs (second floor) rear windows. (kk) Any alternate materials or methods of construction shall be reviewed with the Crime Prevention Officer before installation. (11) The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to occupancy. Public Works Department (mm) The existing brick foundation of the building shall be modified or replaced as required by the Building Department. (nn) One-hour fire walls shall be constructed on both of the property line sides of the building. (oo) A site survey shall be accomplished to locate the southerly and westerly property lines. (pp) Exiting requirements of the currently adopted Uniform Building Code shall be complied with. (qq) A structural evaluation of the existing building shall be submitted. This report shall be acceptable to the City Engineer. (rr) All curb, gutter and sidewalk damaged during construction shall be replaced to the satisfaction of the City Engineer. (ss) All drainage shall be directed to the street and not into adjacent property. Drainage outlet may be piped undersidewalk and outlet at the face of curb. (tt) Prior to issuance of a building permit for the reconstruction of this property, the City Engineer or his authorized representative shall inspect the site to determine any remaining fire damage which must be removed. Planning Department (uu) The building techniques, materials, elevations and appearance of this project, as presented for approval on December 5, 1988, may be modified with Design Review Board approval and Planning Director approval to achieve a more cost effective design that maintains the overall high quality architecture and design intent of the building. Any future additions, expansions, remodeling, etc., shall be subject to review and approval by the Planning Department. (vv) All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances not entirely enclosed within the structure (on side of building or roof) shall be screened from public view. The method used to accomplish the screening shall be indicated on the building plans and approved by the Planning Department prior to issuance of a building permit. Mechanical equipment shall be placed in an orderly fashion or "grouped" together and be painted to match roof color to minimize view impact from above. (ww) A construction plan shall be submitted for review and approval by the Planning Department prior to issuance of building permits. Said plan shall indicate any fencing installed around the project which shall be designed in an attractive manner and coordinated with that for the adjacent building to be constructed. Proposed construction signs shall be reviewed by the Planning Department prior to installation. Should the sidewalk be closed or parking meters be inaccessible, the applicant shall coordinate the construction plan with the Police and Public Works Departments. (xx) Samples of actual building materials used for trim around windows, doors and all other trim areas shall be submitted to Planning Department prior to issuance of building permit. (yy) Actual samples of proposed colors shall be submitted to Planning Department prior to issuance of a building permit. (zz) Planning Department review and approval of exterior lighting fixtures shall be required prior to issuance of permits. (aaa)The cornice shall wrap around the southeast and northwest corners of the building 24 inches. (bbb)A uniform sign program shall be established before installation of proposed signage to review color, location and lettering. (ccc)This Environmental and Design Review approval shall be valid for one year from approval or until December 19, 1989, and shall be null and void if a building permit is not issued or a time extension granted. (UP88-24) (a) This use permit is approved for a two-story building containing 5,775 sq. ft. of retail space on the first floor and nine apartment units consisting of seven studios and two 1 -bedrooms on the second floor. (b) Consistent with the General Plan Downtown Area Transportation Improvement Program, the applicant shall pay Traffic Mitigation fees of $886.60 at the time of building permit issuance. This fee is estimated based on September 1986 dollars and will be adjusted according to the Lee Saylor Construction Index to take into account changes in construction costs from the date of the estimates to the date fees are paid. (c) Complete plans shall be submitted to the Public Works Department within 60 days from December 6, 1988, for plan checking and building permit processing. The Building Department shall respond to the applicant within 15 days of receipt of complete plans. In addition, construction shall commence within 30 days of approval of the construction drawings and/or building permit issuance and shall proceed diligently to completion. Failure to comply with this condition will result in this matter being brought before the City Council for consideration of an order for demolition as provided for in the Uniform Building Code for the abatement of dangerous buildings. (d) The building shall be made weather resistant as required by the Building Official. (e) This use permit shall be valid for one year from approval or until December 19, 1989, and shall be null and void if a building permit is not issued or a time extension granted.