HomeMy WebLinkAbout2014-10-28_cityofsanrafael_e17b83544f846769aa4a546ddf50fec7EXHIBIT 2
August 28, 2014 PC Meeting
Exhibit 2 (Draft Resolution)
RESOLUTION NO. 14-
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING AN
ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED14-068) AND USE PERMIT
(UP14-020) FOR A MIXED USE DEVELOPMENT PROJECT WITH A SIX-FOOT HEIGHT
BONUS AND A THREE UNIT DENSITY BONUS LOCATED AT 1700 FOURTH STREET
APN: 011-192-07
WHEREAS, on July 24, 2014, Ralph Epstein, Epstein Properties, LLC submitted a Use
Permit and an Environmental and Design Review Permit application to redevelop the existing
Hannas Restaurant site at 1700 Fourth Street in the WEV District; and
WHEREAS, on October 2, 2014, the application was accepted as complete for
processing; and
WHEREAS, on October 7, 2014, the City of San Rafael Design Review Board conducted
formal review of the project (following a conceptual review conducted on July 8, 2014) and on a
5-0 vote, unanimously recommended approval of the project, as presented; and
WHEREAS, upon review of the application, the project has been determined to be
exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to
Section 15332 of the CEQA Guidelines which exempts in-fill development projects; and
WHEREAS, on October 28, 2014, the San Rafael Planning Commission held a duly
noticed public hearing on the proposed Use Permit and Environmental and Design Review
Permit, accepting all oral and written public testimony and the written report of the Community
Development Department staff.
NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following
findings relating to the Use Permit and Environmental and Design Review Permit:
1. Findings – Use Permit Approval (UP14-020)
A. The applicant has applied for an administrative use permit for a mixed use project consisting
of nine 1-bedroom unit (ranging in size from 920 to 1,215 gross square feet) and one 2-
bedroom unit (at 1,350 gross square feet) in two levels, over a 750 square ground floor retail
space and a 14 space parking garage. The use is in accord with the General Plan, the General
Purposes (Objectives) of the Zoning Code Section 14.01.030 and the Specific Purposes of
the WEV district Section 14.05.010.T as follows:
a. The project implements the West End Village General Plan 2020 land use designation
and all pertinent policies as illustrated in the General Plan Consistency Table,
included as attachment A and incorporated herein by reference.
b. The project implements and promotes the goals and policies of the General Plan by
proposing a project that would comply with the zoning requirements, as discussed
further in the findings below, and providing a desirable mixed use housing
development that is supported in this area and encouraged under the General Plan
2020 and the related Zoning Code provisions (which implement the General Plan).
- 2 -
c. The WEV district consists of an older commercial village adjacent to several
residential neighborhoods that are located in or near the downtown commercial
corridor. The project is compatible with the district based on the fact that it proposes a
small local retail use and a design that would fit in with the historic low scale
development pattern of the area, with a building that is well articulated and stepped
back from the sidewalk, with high quality materials and a vibrant earth tone color
palette proposed which reflects the character and charm of the neighborhood.
d. The mixed use development project is listed in the San Rafael Municipal Code Land
Use Table 14.05.022 as a permitted use subject to an administrative use permit and
compliance with performance standards as listed in SRMC Section 14.17.100. The
performance standards for mixed use development have been satisfied as discussed
below.
e. The use complies with all applicable provisions of the zoning code, as discussed
herein.
B. Consistent with state and local law, the project qualifies for and the City shall grant, up to
two concessions for provision of one (1) very low income unit (i.e. 10-percent of the project
base units). A height bonus of six-feet may be granted as one of the concessions available
for the project, within the WEV Downtown district, which provides affordable housing units
pursuant to SRMC Section14.16.030.H.3.a.iii. The height bonus also requires concurrent
Use Permit approval by the Planning Commission pursuant to Section 14.16.190.A.4.a. The
Use Permit shall be supported based on the following:
a. The applicant has requested the six-foot height bonus as one of two available
concessions for providing one very low income unit, which shall be granted upon
request based on the density bonus regulations.
b. Findings for approval of the project with a density bonus and up to two concessions
have been satisfied as discussed below.
c. Findings for grant of a Use Permit have been provided herein.
C. The use as proposed and conditioned conforms to the applicable WEV District Development
Standards Table 14.05.032, as follows:
a. The lot size of 7,500 square feet is conforming in size to the minimum lot area
requirement of 6,000 square feet.
b. The project conforms with the minimum lot area requirements or of 1,000 square feet
per dwelling unit given that the base density proposed is 7 units, and a density bonus
as allowed by State law has been requested as follows:
i. Three (3) additional market rate units have been requested as provided for in
Section 14.16.030 based upon the provision of one (1) unit made affordable to
a very low income household.
ii. The requirements for granting a density bonus have been satisfied as
discussed below.
c. The project complies with the maximum floor area ratio of 0.7 square feet of building
area to lot area given that the project would provide a 750 square foot retail area, well
within the 5,250 square feet of allowable commercial floor area.
d. The minimum parcel dimension of 73 feet is conforming to the minimum lot width
standard of 25 feet.
e. The WEV district does not require any front, side, street side or rear yard setbacks,
though it does provide a building setback of at least 2-feet from the property line on
Fourth St and 4-feet from the property line on G Street, which will be enhanced as
part of the project.
- 3 -
f. The maximum building height of 30-36 feet is satisfied given that the project
qualifies for a six-foot (6’) height bonus above the 30-foot base height, as one of two
concessions available to the project based on provision of 10-percent of the project
(or one (1) unit) as affordable to very low income residents (i.e., the 0.7 unit
requirement has been rounded up to one unit that has been required to be provided
on-site in order for the project to qualify for the increase in market rate units).
g. The project is not subject to a maximum lot coverage limitation. Therefore, the
project may cover 100-percent of the lot with structures, whereas it proposes
approximately 88-percent lot coverage.
h. The project is not subject to a minimum landscaping requirement but, consistent with
design recommendations, the project would provide a 4-foot minimum landscape
planter area along G street frontage and 2-foot minimum landscape planter area along
Fourth Street.
i. The project is not required to provide usable outdoor area, however, consistent with
design recommendations the project proposes a 10 foot deep by 73 foot long terrace
on the second floor level of units facing north, with balconies facing Fourth Street,
and approximately six foot (6’) deep decks on the third floor level of units facing G
Street and Fourth Street.
j. The project would satisfy the parking requirements of Chapter 14.18 with 14 parking
spaces provided, including a van accessible and tandem parking space, as follows:
i. Pursuant to Section14.18.040 project will provide the following required
number of parking spaces based on each occupancy type, and addressing the
parking requirement for the combined commercial and residential uses:
1. One (1) space per each 250 square feet of general retail floor area, for
a total of three (3) commercial spaces;
2. One (1) space per one-bedroom unit in downtown, for a total of nine
(9) tenant spaces; and
3. One and one-half (1.5) spaces [two (2) spaces per the state regulations]
for each two-bedroom unit in downtown (outside of the parking
district), for a total of two (2) additional tenant spaces.
ii. The project is not required to provide clean area vehicles for the small
commercial tenant space which only requires three (3) parking spaces, as
clean air parking is required for commercial parking lots with more than nine
(9) spaces provided.
iii. An off-street loading and unloading space on-site is not deemed necessary or
feasible for this project which is in a downtown setting, and given that the
commercial building area is only 750 square feet in size. As a condition of
approval, all deliveries shall be required to occur outside of peak AM and PM
hours to avoid conflicts with traffic in the area.
iv. Parking for the existing commercial use does not qualify for the Downtown’s
West End and environs parking exemption granted for building re-tenanting,
given that on-site parking is currently provided for the existing commercial
use. Therefore, the project has provided commercial parking for the new retail
use on-site, in compliance with the parking standards (Chart 14.18.040).
v. The project would increase the number of on-street parking spaces available
along the property street frontage by at least one additional parking space, and
the residential and commercial uses could have the capability of sharing
parking requirements during the daytime business hours.
- 4 -
vi. The project has chosen to limit the commercial floor area to meet the
combined parking demand. Therefore, the project is not required to pursue a
formal shared parking arrangement pursuant to SRMC 14.18.080.
vii. The project requires one two bicycle capacity parking rack, and includes a
bike storage area. As conditioned, space will be available for customers in the
bicycle parking area.
viii. The project complies with the design and development standards as follows:
1. Standard space dimensions for downtown are provided at eight and
one-half (8.5’) by eighteen feet (18’).
2. Compact parking space dimensions are provided at eight feet (8’) by
sixteen feet (16’).
3. As conditioned, compact spaces will be labeled.
4. Tandem parking is proposed for two residential spaces as parallel
spaces along the entry driveway off G Street (R9 and R10) which may
be requested and shall be approved pursuant to state density bonus law
and SRMC 14.16.030.
5. Guest parking for downtown residential projects within 200 feet of a
residential district shall be waived based on the state density bonus law
and SRMC 14.16.030.
6. Minimum backup dimension of 26 feet is proposed in compliance with
Illustration 14.18.130 for two-way 90 degree parking.
7. Landscaping screening is not proposed or required for an enclosed
parking garage.
8. The parking garage provides a minimum 12-foot one way entry from
G Street and 20 foot driveway for two-way traffic at Fourth Street.
9. Garage lighting shall be provided to meet the minimum lighting
standards and shielded from public view, pursuant to Section
14.16.227 (light and glare) as a condition of approval.
ix. As currently presented, the project is not requesting any modifications to
parking standards for alternate design, dimensions or number of parking
spaces.
x. The project would provide one commercial and one residential van accessible
handicap parking on-site, which would satisfy accessible parking
requirements.
D. The use as proposed and conditioned conforms to the Site and Use Regulations of 14.16.030
Affordable Housing as follows:
a. At least 10-percent of the project is offered as affordable housing units to very low
income households, consistent with subsection B.2, as required to qualify for a
housing bonus and/or for a project that offers units for-sale.
b. Affordable housing is not required for the commercial component of the use given
that the area is less than 5,000 square feet.
c. The project includes a density bonus request pursuant to subsection H.1, and qualifies
for a 33-percent, or three (3) unit, increase in density according to Table 14.16.030-1
based on the proposal to provide one (1) unit as affordable to very low income tenants
(based on rounding up for fractional density bonus units). Therefore, the project may
pursue development of the proposed 10 units.
- 5 -
d. The affordable housing project qualifies for grant of two concessions in accordance
with the City’s density bonus regulations. The project shall be granted the following
two concessions (as specified by the City code requirements):
i. Use of state parking provisions under SRMC Section14.16.030.H.3.i allowing
tandem parking and use of state parking requirements to satisfy the total
residential parking requirement including guest parking.
ii. Height bonus of six-feet pursuant to SRMC 14.16.030.H.3.iii and
14.16.190.A.4, subject to concurrent approval of a Use Permit by the Planning
Commission.
e. The project proponent shall enter into an affordable housing agreement with the City
as a condition of approval.
E. The use as proposed and conditioned conforms to the Site and Use Regulations of
14.16.120, Exclusions to maximum height requirements, given that an architectural tower
element located at the building corner at G and Fourth Streets that extends an additional
two-feet above the building height has been recommended by the Design Review Board as
an appropriate and desirable feature, subject to concurrent design review and approval
ED14-068.
F. The use as proposed and conditioned conforms to the Site and Use Regulations of
14.16.260, Noise Standards, given that the noise impacts on the project are anticipated to be
normally acceptable therefore a detailed acoustical analysis has not been required. However,
as a condition of approval, the project must demonstrate that the windows, doors and
insulation techniques will result in interior noise levels that comply with General Plan
Exhibit 31 (with or without mechanical ventilation, as required by the Building Code or to
comply with the Exhibit 31) and achieve interior noise exposure of less than 45 Ldn (dB)
with windows and doors closed.
G. As a condition of approval, sufficient space shall be provided on the roof for satellite dishes
and mechanical equipment and forego need to place antenna on the exterior elevation for
residential units, to comply with SRMC Section14.16.280.
H. The use as proposed and conditioned conforms to the Site and Use Regulations of 14.17.100
as follows:
a. The units are located on the upper floor level as required in the WEV district with
ground floor retail provided.
b. The residential units have been provided with a separate defined access from G
Street.
c. Parking has been provided in compliance with Chapter 14.18.
d. The residential units as proposed and conditioned will comply with the noise
standards in Section 14.16.260.
e. The garage and exterior lighting at entrances shall comply with Section 14.16.227 to
provide for security and a sense of well-being in parking areas and entranceways for
residents.
f. Refuse storage and location has been provided and designed to be accessible by
tenants and in consideration of tenant needs and waste hauler requirements.
g. The units consider their surroundings and have been oriented in a logical manner
consistent with the shape of the building, with units on the north and interior side of
the building provided with deep 10-foot patios that are open to the sky above in order
to maximize light access to these patio areas.
h. The site has been evaluated and determined to be suitable for residential mixed use
based on engineering and environmental Phase II evaluation of the site.
- 6 -
I. The use as proposed and conditioned conforms to the Site and Use Regulations of 14.25,
given that the design of the project has reviewed and recommended by the Design Review
Board, and findings for approval of the project Design Review Permit No. ED 14-068 have
been prepared and considered concurrently.
J. The mixed use project as conditioned will be compatible with the surrounding uses and its
physical location relates harmoniously with the surrounding uses and neighborhood in that:
a. The building has been designed to maintain the predominant character of the area
comprised of one to three story buildings, and has been determined to be in scale with
the adjacent buildings in the area and appropriate at this location. Furthermore, the
building has been articulated and setback, with step backs on the upper levels, to
reduce the appearance of the three story building.
b. The location would not create noise, privacy, light, glare or other impacts on adjacent
buildings, particularly on any other residential uses in the vicinity.
c. The building height is appropriate to accommodate this desired mixed use
development located on a well-suited in-fill site in the WEV neighborhood.
d. The project would provide adequate parking for the subject use, as discussed herein.
e. The project would not create unsafe driveway design or circulation hazards, as
discussed herein.
f. The project would include sidewalk and street tree frontage improvements that would
continue the downtown streetscape design.
K. The project together with the conditions of approval will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or improvements in the
vicinity, or the general welfare of the City as follows:
a. The project must obtain building permits, grading permits and encroachment permits
which are required to ensure that all work is completed in accordance with local and
state requirements including building and safety codes.
b. A geotechnical investigation of the site has been completed and determined that the
site is suitable for a three story building.
c. A phase II site investigation has been completed and determined that the site is free of
any potential contamination.
d. Conditions of approval have been required to ensure the building will be constructed
and maintained in good repair and condition for the life of the project as presented on
approved plans and that noise, light, glare and traffic issues would not occur.
L. The Planning Commission exercised its independent judgment and determined that the Class
3 categorical exemption for the project is appropriate and consistent with the provisions of
CEQA in that the project involves construction of a mixed use development project on a
small in-fill site meeting the following conditions:
a. The project is consistent with the General Plan WEV land use designation and all
applicable General Plan 2020 policies as well as the applicable zoning designation
and regulations as discussed in the findings above.
b. The proposed development occurs with the City limits on a project site of no more
than five acres that is located in a downtown urban setting and surrounded by urban
development on all sides.
c. The project site is developed with an existing commercial use and has no value as
habitat for endangered, rare or threatened species.
d. Approval of the project would not result in any significant effects relating to traffic,
noise, air quality or water quality given that:
- 7 -
i. The project has a minimal net increase in traffic and would pay traffic
mitigation fees as required to fund improvements required to accommodate
the anticipated build-out anticipated for the site and area under the General
Plan 2020.
ii. The project is consistent with the General Plan 2020.
iii. The site is not subject to undue air quality impacts and would be served by
mechanical ventilation systems in compliance with building code
requirements. Furthermore, site grading would not be substantial in scope or
duration and would be controlled through issuance of grading and building
permits.
iv. Noise requirements apply to the project that require compliance with interior
noise standards established by the General Plan 2020 that are also enforced by
building codes and would be verified through the building permit process.
v. Light and glare concerns have been identified and addressed in project
conditions of approval.
vi. The project would not have any impacts on public views nor be subject to any
other ‘exceptions’ that would preclude the use of a categorical exemption in
this case.
vii. The project requires a grading permit that would include best management
practices imposed and enforced, on plans and during construction, by the
Department of Public Works, which are required to comply with local
stormwater pollution prevention program (SWPPP) requirements.
e. The site can be adequately served by all required utilities and public services given
that it is located on a developed site in the downtown area, which is already served by
Police, Fire, and City Hall, and the San Rafael Sanitation District and Marin
Municipal Water District agencies have identified that the site is currently served and
that the redevelopment would be within existing service capacities.
2. Findings – Environmental and Design Review Permit (ED14-068)
A. The project design is in accord with the General Plan, the Zoning Ordinance and the WEV
Zoning District Purposes as discussed in the Findings provided for the Use Permit UP14-020
above, which are the same as applicable to the Design Review Permit, and incorporated
herein by reference.
B. The project design is consistent with all applicable site, architecture and landscaping design
criteria and guidelines for the WEV district in which the site is located as follows:
a. As discussed in Use Permit UP14-20 Findings A.c and J above, the project is
compatible with the WEV district based on the fact that it proposes a small local retail
use and a design that would fit in with the historic low scale development pattern of
the area. The building has been designed to maintain the predominant character of the
area comprised of one to three story buildings. The materials are high quality, vibrant
earth tone colors that reflect the character and charm of the neighborhood. The
Design Review Board has concluded that the building as designed is in scale with the
adjacent buildings in the area and appropriate at this location. Furthermore, the
building has been articulated and setback, with step backs on the upper levels, to
reduce the appearance of the three story building.
b. The design review criteria in the General Plan 2020 for the West End Neighborhood,
which are reflected in the WEV design standards in the zoning code, in the Chapter
- 8 -
14.25 Design Criteria and in the San Rafael Design Guidelines, have also been
specifically documented as being satisfied in the General Plan Consistency Table
provided as attachment A.
c. The Design Criteria in Chapter 14.25.050 have been satisfied as follows:
i. The plans have been prepared with adequate details and information that
would assure the project can be built as designed.
ii. The building is situated logically in relationship to the site and surrounding
development.
iii. The project does not impact any significant views or viewsheds.
iv. The site parking and access have been adequately studied and comply with
City standards.
v. The design considers orientation to the extent possible, with patios provided
on the rear facing (north) lower units that are open to the sky to maximize
visible light access to these areas.
vi. No above ground utility connections are proposed.
vii. The design is harmoniously integrated in relation to the colors, materials,
scale and design of buildings in the vicinity as discussed in Finding B.b.
above.
viii. The project creates interest with balcony and awning projections, recessed
upper story decks, eaves and window details, wainscot materials, placement of
retail storefronts and building entryways to focus on the street frontage and
considers the predominant views of the building from Fourth Street, and use
of color on the façade to break up the building components, with sufficient
attention paid to the interior sides of the building, particularly on the rear side
elevation where patios are proposed.
ix. Materials and colors are low reflective and matte in appearance.
x. Street trees are included in the project plans.
xi. Landscape buffers are included in the project plans between the building and
property line/rights of way.
d. The San Rafael Design Guidelines have been satisfied as follows:
i. The criteria for nonresidential development have been used to evaluate site
parking, landscaping, lighting, pedestrian orientation, building form,
entryways, towers and awnings, materials and colors to result in a high quality
design that would complement the area and fit within the West End and
Fourth Street setting, as recommended by the Design Review Board.
ii. The criteria for the downtown area and fourth street have been used to
evaluate the building on the active Fourth and G street location, street edge
pattern, windows and building designs, entrance locations, building design,
scale and height to result in a building that is considered to respect the setting
and predominate retail street scape and contribute to the vitality and quality of
the area, as recommended by the Design Review Board.
iii. The project includes review and approval of an additional two-foot (2’)
architectural tower feature extension above the building height at the corner of
the building facing the intersection of G and Fourth Streets, which has been
reviewed and recommended by the Design Review Board as appropriate to
accentuate the building corner and highlight the retail storefront.
C. As discussed in the Use Permit UP14-020 findings above, the same findings apply to this
Design Review Permit approval, which conclude that the design and use would minimize
- 9 -
any of potentially adverse environmental impacts and would not be detrimental to the public
health, safety or welfare, nor be materially injurious to properties or improvements in the
vicinity.
BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Rafael
approves the Use Permit and Environmental and Design Review Permit subject to the following
conditions of approval:
Use Permit Conditions of Approval (UP14-020)
Community Development Department, Planning Division
General and Ongoing
(Use)
1. This use permit approval is granted for a mixed use residential and commercial development
project with 10 units, at least 750 square feet of retail area, and 14 parking spaces (as
described herein and further conditioned under ED14-068).
2. This use permit approval be subject to the same time limits specified for the concurrent
approval ED04-068, and shall be valid for the duration of the use if initiated in compliance
with all conditions of approval.
3. The building is granted a six-foot (6’) height bonus, up to 36 feet in height, to allow a third
floor level for the building subject to the provision of at least one (1) affordable housing unit.
4. New commercial tenant occupancies shall be reviewed for compliance with the current WEV
zoning district land use tables and WEV District parking standards, or any future
amendments to the zoning district land use tables that may be applied to the site.
5. Loading and unloading activities shall not result in blockage of public streets during weekday
daytime hours, especially during AM and PM peak hours. Standard sized delivery vehicles
may utilize an existing permitted parking space to load/unload products during the day.
6. Construction of the units shall include mechanical air ventilation systems for the units, with
adequately insulated windows, doors and walls to ensure an interior noise exposure of less
than 45 Ldn (dB) with windows and doors closed, as required to comply with the building
codes and City noise requirements.
7. Suitable area shall be provided on the rooftop for mechanical equipment and residential or
commercial satellite antenna. All exterior mechanical equipment and satellite antenna dishes
shall be located on the roof of the building, with screening provided as deemed necessary and
feasible by the Planning Division. Satellite dishes shall not be required to be placed on the
parapet or exterior walls of the building or units. This requirement limiting placement of
satellite dishes to the rooftop shall be noted in the tenant lease agreements.
8. Modification to the rooftop area may be proposed as needed to accommodate this equipment,
subject to prior review and approval by the Planning Division.
- 10 -
9. Tenants shall not place barbecues, or store personal items on the balconies or patios
including bicycles, or hang clothing or items from the balconies, other than placement of
furniture and plants on the patio for the enjoyment and enhancement of this feature. This
restriction shall be noted in the tenant lease agreements.
10. Refuse and recycling service shall be provided on a routine schedule as needed to
accommodate the residential and commercial needs of the site and avoid accumulation of
waste or undue attraction of pests (such as flies or rodents).
11. Site addressing for the building, and the units, shall be subject to approval by the Building
Division, and shall be installed and maintained in compliance with City standards.
12. Any changes to the building use or to the site parking areas, including but not limited to the
configuration, number, or size shall be subject to prior review and approval by the Planning
Division.
(Parking)
13. Parking for the use shall address the demand generated by the residential unit mix and the
gross commercial square footage. As proposed, the project requires three (3) spaces to meet
commercial parking demand and 11 spaces to meet residential unit demand; based on 1 space
per 250 square feet of commercial area, 2 spaces for one 2-bedroom unit and 1 space for nine
1-bedroom units.
14. The parking supply may include tandem parking, and shall cover all guest parking
requirements, as provided by state and local density bonus provisions.
15. The design and dimension of proposed and future on-site parking facilities shall be reviewed
for compliance with the Downtown parking requirements (i.e., Chapter 14.18, or subsequent
amendments).
16. The residential tenant parking spaces shall be made available to the general public for
commercial tenant parking during the daytime business hours, i.e., 9AM to 5PM, Monday
through Friday; excluding holidays. Signage shall be posted inside the garage advising
visitors and tenants of the shared parking hours.
17. A small directional sign shall be posted at the entrances to the garage advising customers and
visitors that commercial parking is available inside the building.
18. Accessible and compact parking spaces shall be properly signed and labeled, in compliance
with City parking standards and building codes.
(Lighting and Landscaping)
19. Adequate lighting shall be provided for the building to create a sense of well-being, as
stipulated by the concurrent Design Review Permit approval no. ED14-068.
20. The building appearance and site landscaping shall be maintained in good repair and
condition for the duration of the use.
- 11 -
Economic Development Department, Housing
Prior to Final Occupancy and Ongoing
(Affordable Housing Agreement)
21. An affordable housing agreement shall be executed prior to final occupancy of the building.
As proposed, the project shall provide one (1) of the units as affordable to very low income
tenants.
Environmental and Design Review Permit Conditions of Approval (ED14-068)
Community Development Department, Planning Division
General and Ongoing
1. This Design Review Permit is granted for a three-story mixed use building with a 36-foot tall
building, a two-foot tall architectural tower feature, 10 residential units including nine 1-bed
and one 2-bed unit, 750 square foot ground floor commercial retail space, and a 14 space
parking garage as permitted under concurrent Use Permit UP04-020 approval.
2. This approval shall be valid for an initial period of two (2) years (i.e., October 28, 2016) and
shall be null and void if a building permit is not issued or a time extension granted prior to
the expiration date. If an appeal is filed, the approval and expiration periods shall be tolled
pending the outcome of the appeal. This approval shall be deemed vested once a building
permit has been issued and construction has been pursued diligently to completion.
3. Once construction of the building has been initiated, the construction project shall not exceed
a maximum duration of two (2) years. If construction is substantially delayed, additional
fines, fees and/or penalties may be applied.
4. A separate sign review permit shall be required for placement of commercial tenant and/or
building identification signage. No signage is permitted for residential uses/tenants above the
first floor level.
5. All exterior mechanical equipment and satellite antenna dishes shall be located on the roof of
the building, with screening provided as deemed necessary and feasible by the Planning
Division.
6. Satellite dishes shall not be placed on the edge of the parapet or on the exterior walls or on
decks of the building or units. This requirement limiting placement of satellite dishes to the
rooftop shall be noted in tenant lease agreements
7. Any future additions, expansions, remodeling, etc., shall be subject to the review and
approval of the Community Development Director.
Prior to Issuance of Construction Permits (Grading or Building)
8. The building techniques, materials, elevations and appearance of this project, as presented for
approval by the Planning Commission on October 28, 2014, shall be the same as required for
- 12 -
the issuance of a building permit. The plans shall show all on-sit and off-site frontage
improvements.
9. A copy of these conditions of approval shall be included in the plan sheets submitted for
building permit.
10. 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 Division prior to issuance of a building
permit.
11. Plans and materials shall document that construction of the units shall comply with the
interior noise exposure limit of less than 45 Ldn (dB) with windows and doors closed, as
required to comply with the building codes and City noise requirements. Mechanical air
ventilation systems may be required for the units.
12. Plans shall identify area provided on the rooftop for mechanical equipment and residential or
commercial satellite antenna.
13. Plans shall include details for all lighting, signage, landscaping and building construction
improvements proposed as part of the project or required by these conditions of approval.
14. If there are any outstanding processing fees for review of the Planning Entitlements, a final
payment shall be provided to cover all outstanding costs incurred.
(Lighting and Landscaping)
15. A final landscape plan shall be submitted with building permits for review and approval by
the Planning Division and installed prior to building occupancy. Improvements shall extend
from the building face to the right of way line/property line.
16. The applicant shall submit plans to Marin Municipal Water District for review of the project
landscaping improvements, and comply with any conditions of the district prior to issuance
of permits or grant of final occupancy, as determined by the district. Verification of review
and approval of the final landscape plans shall be submitted prior to issuance of building
permits.
17. Lighting fixtures shall be appropriately designed and/or shielded to conceal light sources
from view off-site and avoid spillover onto adjacent properties. The foot-candle intensity of
lighting should be the minimum amount necessary to provide a sense of security at building
entryways, walkways and parking lots (e.g., provide one (1) foot-candle ground level overlap
at doorways, one-half (½) foot-candle overlap at walkways and parking lots, and fall below
one (1) foot-candle at the property line).
18. Lighting shall be reviewed for compatibility with on-site and off-sight light sources. This
shall include review of lighting intensity, overlap and type of illumination (e.g., high-
pressure sodium, LED, etc.). This may include a review by the city to assure that lighting
installed on private property would not cause conflicts with public street lighting.
- 13 -
19. Installation of new lighting fixtures or changes in lighting intensity on mixed use and non-
residential properties shall be subject to environmental and design review permit review as
required by Chapter 14.25 (Design Review).
20. Maximum wattage of lamps shall be specified on the plans submitted for electrical permits.
During Construction
21. Construction activities shall comply with City’s Noise Ordinance, SRMC Chapter 8.13.
22. If, during the course of construction, cultural, archaeological or paleontological resources are
uncovered at the site (surface or subsurface resources) work shall be halted immediately
within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional
archaeologist. The City of San Rafael Planning Division and a qualified archaeologist (i.e.,
an archaeologist registered with the Society of Professional Archaeologists) shall be
immediately contacted by the responsible individual present on-site. When contacted, the
project planner and the archaeologist shall immediately visit the site to determine the extent
of the resources and to develop proper mitigation measures required for the discovery.
Prior to Final Occupancy
23. The applicant shall contact the Planning Division to request a final inspection at least 48
hours (2 business days) prior to request for a building final.
24. All new lighting shall be subject to a 90-day post installation inspection to allow for
adjustment and assure compliance with this section.
Community Development Department, Building Division
Prior to Issuance of Building Permits
25. A building and grading permit shall be obtained for all site work, as required by the Building
Division. Formal construction plans, details and materials required for a building permit
application shall be prepared and submitted based upon the preliminary architectural plans
reviewed by the Building Division for this project (and as approved by the Planning
Commission). Refer to the October 1, 2014 memorandum from the Building Division for
Standard Comments on the architectural plans submitted for the subject zoning entitlement.
26. Impact fees shall be required and paid at the time of building permit, including but not
limited to School fees, Traffic impact fees, Water and Sewer District fees, etc.
27. Verification shall be provided that the Marin Municipal Water District and San Rafael
Sanitation District requirements have been satisfied for provision of water and sewer service
to the site. This shall include payment of fees. Failure to submit required documentation may
result in delay of permit issuance or completion of required inspections.
28. Plans shall be referred to the Department of Public Works for review and approval prior to
issuance of grading or building permits. Encroachment permits shall be obtained for all work
required, or proposed and approved, within the public right of way.
- 14 -
29. Accessible parking for the commercial and residential uses shall be designated on
construction plans, in compliance with building code requirements. This shall consist of one
van accessible space for each occupancy type. The unloading area for the two required
independent spaces may be shared.
30. Plans for demolition and construction of the project must comply with the City Green
Building Ordinance. This shall include plans for demolition and construction debris
recycling.
31. Construction staging shall be indicated on project plans for review and approval.
32. Plans shall document that roofing materials shall comply with green building requirements,
e.g., high albedo (reflective) roofing materials.
Fire Department
Prior to Issuance of Building Permit
33. The building plans have been reviewed by the Fire Department and generally can be
constructed as shown, subject to submittal of formal construction plans and details. Plans
submitted for building permit shall address the requirements of the Fire Prevention Bureau,
as determined by the Fire Department. Refer to the August 5, 2014 memorandum for
Standard Comments provided on the architectural plans submitted for zoning entitlement and
approved by the Planning Commission.
Department of Public Works
Prior to Issuance of Building Permit
34. Plans submitted for building, grading and encroachment permits shall be subject to prior
review and approval by the Department of Public Works (DPW). Refer to the October 2,
2104 memorandum for more information regarding DPW requirements for project
construction.
35. An encroachment permit shall be obtained for work in the right of way.
36. The project shall not designate the public street as a loading area.
37. If an entrance gate is proposed it shall be setback 20 feet from the back of sidewalk to allow
a vehicle to pull into the driveway and not block the sidewalk while waiting for the gate to
open.
38. Parking under the building shall be available to the public during daytime business hours.
39. Landscape planters shall be entirely within the property and are not permitted to encroach
into the public right of way.
40. Provide a plan for construction staging areas and laydown area for the project. Utilization of
public roadways for staging may not be possible.
- 15 -
41. Plans shall demonstration that foundations and building construction can occur without
entering the neighboring property or the applicant shall provide an agreement with the
neighbor(s) allowing access or work to occur on the neighboring property to complete the
project.
42. A traffic mitigation fee of $16,984.00 is required for additional 2AM and 2PM trips
generated by the new use, as determined by the City Engineer.
43. Final drainage calculations shall be prepared showing that new development drainage flow
will be contained on-site to be the same or less than existing. The applicant shall be
responsible for making improvements to accommodate increased runoff which shall be
mitigated onsite with additional detention and piping, if necessary.
San Rafael Sanitation District
Prior to Issuance of Building Permit
44. The applicant shall submit complete civil/utility plans that comply with the City of San
Rafael Sanitation District Requirements. Plans shall be referred to SRSD for review and
approval prior to issuance of building permits. Refer to the August 26, 2014 SRSD
Memorandum for further direction and information.
45. Sewer connection fees shall be paid prior to issuance of building permit.
46. The existing sewer lateral shall be televised to determine its condition, and the results shall
be submitted with the building permit application and forwarded to SRSD staff for review.
The project sponsor shall be responsible for improvements or repairs to the sewer lateral, and
shall work with SRSD staff to make any repairs or improvements to the sewer lateral
required for the project to proceed.
Marin Municipal Water District
Prior to Issuance of Building Permit
47. The applicant shall submit a request and fulfill the requirements of the district to obtain a
water entitlement for the 10 residential units, as required by the water district. Refer to the
August 18, 2014 letter from the water district (Service No. 06812)
Economic Development Department, Housing
Prior to Occupancy
48. The applicant shall enter into a below market rate housing agreement (rental and/or
ownership) with the City for one very low income unit.
- 16 -
The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission
meeting held on the 28th day of October, 2014.
Moved by Commissioner _____________ and seconded by Commissioner ________________.
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
ATTEST: BY:
Paul A. Jensen, Secretary Jack Robertson, Chair
ATTACHMENT:
A. General Plan Consistency Table – 1700 Fourth Street Mixed Use Project