HomeMy WebLinkAboutCC Resolution 9941 (Marin Lofts)RESOLUTION # 9 9 41
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING
GENERAL PLAN AMENDMENT FROM OFFICE TO HIGH DENSITY
RESIDENTIAL, VARIANCE TO ALLOW 38 FOOT HIGH BUILDING, USE
PERMIT AND ENVIRONMENTAL AND DESIGN REVIEW APPLICATIONS
FOR 15 CONDOMINIUM UNITS (MARIN LOFTS), Cresta Drive
(AP #s 155-251-16 and 17)
WHEREAS, on May 15, 1997, applications requesting a General Plan Amendment, Zone
Change, a Use Permit and an Environmental and Design Review Permit for the above
referenced project were submitted to the Planning Department for review and processing; and,
WHEREAS, the design of the project was reviewed by the Design Review Board on July 8,
1997, August 27, 1997 and September 16, 1997 for consistency with General Plan design policies
and City Zoning Ordinance Design Standards; and
WHEREAS, the design of the project was recommended for approval by the Design Review
Board on September 16, 1997; and
WHEREAS, on September 25, 1997, the San Rafael Planning Commission held a duly noticed
Public Hearing on the proposed General Plan Amendment (GPA 97-1) Zone Change (ZC 97-4),
Variance (V 97-2), Use Permit (UP 97-52) and Environmental and Design Review Permit (ED
97-56), accepting public testimony and the written report of the Planning Department staff; and
WHEREAS, on October 20, 1997, the San Rafael City Council held a duly noticed Public
Hearing on the proposed General Plan Amendment, Zone Change, Variance, Use Permit and
Design Review applications, accepting public testimony and the written report of the Planning
Department staff; and,
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Rafael hereby
approves General Plan Amendment (GPA 97-1), Variance (V 97-2), Use Permit (UP 97-52) and
Environmental and Design Review Permit (ED 97-56) applications based on the following
findings and conditions of approval (Exhibit A):
1. The proposed General Plan Amendment from Office to High Density Residential (15-32
units/acre) serves the public interest in that it provides the City with affordable housing units
and will help to improve the jobs/housing balance. The proposed amendment is not in conflict
with any other General Plan policies.
2. The proposed location and design of the residential use is in accord with the objectives of this
Title and the purposes of the district in which the site is located. The operation of the 15 unit
residential condominium project, together with conditions of approval, is consistent with the
new General Plan land use designation of High Density Residential and Parks/Open Space.
Specifically, the proposal is consistent with General Plan policies C-4, C-7, C-18, R-4, R-5, H-19,
H-23 and NE -20. Furthermore, residential condominium uses are conditionally permitted, with
the approval of a use permit, in the PD (Planned Development) zoning district and the use is in
accord with the objectives of the Zoning Ordinance.
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3. As conditioned, the design, establishment, maintenance or operation of the proposed
residential project will not under the circumstances of the particular case, be detrimental to the
health, safety, peace, morals, comfort and general welfare of persons in the neighborhood of
such proposed use or be detrimental or injurious to property and improvements in the
neighborhood or general welfare of the City in that all on-site parking requirements have been
met and the project design meets all the requirements of the Police, Fire and Public Works
Departments, including requirements regarding potentially hazardous soils conditions.
4. The proposed residential use, as conditioned, conforms to the development standards as
listed in the Planned Development zoning district for the density of residential units, location
of residential units, required building setbacks, on-site parking.
5. The Environmental and Design Review application conforms to the design standards
established in the General Plan 2000, the Criteria For Approval listed in Section 14.25.050 of the
Zoning Ordinance, the guidelines of the PD zoning district.
6. Special circumstances applicable to the property, including size, shape, topography, location
or surroundings, the strict application of the requirements of this Title deprives such property
of privileges enjoyed by other property in the vicinity and under identical zoning classification
because of the location/ existence of the on-site open space easement and because of the steep
slope and shape of the project site. The location of the open space easement restricts the
amount of building footprint that can be accommodated on the site because this easement is
restricted "to be kept open and free from buildings and structures of any kind", which includes
on-site grading. A larger building footprint and additional grading would result in a project
that would meet the 36 foot height limitation but would also reduce the amount of landscape
improvements on the site. The location of the open space easement also minimizes the impact
of the 38 foot high building because it provides a 170 foot (minimum) open space buffer
between the proposed building and the nearest residential apartment unit upslope (on the
ridge) from the project site. The steep slope of the property determines the hillside design of
the structure. The buildings must be designed consistent with the contours of the site. The
shape of the lot, with an irregular width (106 feet; North property line and 230 feet; South
property line) also makes development of the site difficult with a 36 foot height limitation in
that it restricts the amount of building footprint feasible on the lot. Required on-site parking
also needs to be provided on-site. The City's Design Review Board recommended approval of
the project because the majority of the parking was not visible.
7. The variance for building height will not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zoning district in which the
subject property is located in that the other existing multi -family apartment developments in
the vicinity with PD zoning districts and a 36 foot height limitation are located on ridgelines or
other flat properties where it is not difficult to comply with the height limitation established in
the General Plan.
8. Granting the variance for building height does not authorize a use or activity which is not
otherwise expressly authorized by the zoning regulations for the zoning district in which the
subject property is located in that the proposed residential use is consistent with new General
Plan land use designation of High Density Residential and is consistent with all of the
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standards established for the Planned Development zoning district in which the subject
property is located.
9. That granting the application will not be detrimental or injurious to property or
improvements in the vicinity of the development site, or to the public health, safety or
welfare in that surrounding properties will not be affected by the building height because
the project site is surrounded by open space and the residential apartments above the
project site are located on a ridgeline. Residents in these units will not be affected by the
building height because they will look over the proposed buildings, with no view
obstruction from their units. The two photomontages prepared for the project show that the
project will not adversely affect the scenic views, given the upslope of these residential
units. Furthermore, the project will not be visually detrimental to the surrounding area
because the base of the structure will be screened with trees and shrubs to minimize the
appearance of the project from the public street.
I, JEANNE M. LEONCI NI, 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 on Monday, the 20'hday of October, 1997, by the following vote, to wit:
AYES: COUNCILMEMBERS• Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Ak1NE M. LEO CINI, City Clerk
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CONDITIONS OF APPROVAL
GPA 97-1
MIBIT A
1. The General Plan land use designation on Parcel 155-251-17 (the 1.27 acre parcel identified
on Exhibit B of this report) shall be amended from Office to High Density Residential (15-32
units/acre).
ZC 97-4
2. Parcels 155-251-16 and 17, as identified by Exhibit B of this report are zoned PD
(Planned Development). All improvements on these parcels shall be consistent with the
specific development standards set forth in the PD district.
UP 97-52
3. This Use Permit approves a 15 unit residential apartment or residential condominium
development and ancillary home occupation uses.
4. There are 15-22 PM peak hour trips allocated to this site. This project will generate 15 PM
peak hour trips. Approval of this use permit releases the remaining 7 trips allocated to the parcel
in the General Plan. These trips will be placed in the Northgate general trip reserve.
5. This use permit shall run concurrently with the amended General Plan land use designation for
the project site, the amended Planned District and Environmental and Design Review Permit.
Should the Environmental and Design Review Permit expire, this use permit shall become null
and void.
ED 97-56
FIRE DEPARTMENT
6. Addresses shall be posted conforming to Fire Prevention Std. 205.
7. Based on the required fire flow, an automatic fire sprinkler system shall be installed
throughout each home conforming to NFPA Std. 13.
8. 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.
9. 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. Specific sheets for each type of device shall also be submitted for review.
10. Due to the wildland fire interface area, fire retardant roof covering is required with a
minimum Class "A" listing.
11. Spark arrestors shall be installed conforming to the Uniform Building Code (UBC).
12. UL/SFM smoke detectors and openable bedroom windows shall be installed conforming to
the UBC.
13. Due to topography and based on the inaccessibility to ladder the building for rescue from
bedroom windows, approved emergency escape ladders shall be installed on at least one window
in each bedroom specified. The contractor should call for a site visit to confirm if the emergency
escape ladder access is required.
14. All roadways shall be at least 20 feet wide unobstructed and have an all weather surface
capable of supporting 40,000 pounds gross vehicle weight.
15. The net overhead vertical clearance for all access roadways and driveways shall be greater
than 13 feet 6 inches.
16. All roadways shall be installed prior to framing.
17. No Parking Lanes, signs and curb markings shall be installed for all access roadways, parking
lots and driveways, as specified by the fire marshal conforming to Fire Prevention Std. 204.
18. A Fire Department approved Knox keyway system is required to be installed conforming to.
Fire Prevention Std. 204.
19. Security Gates, Electronic Gates or chains across driveways shall have installed an approved
Knox keyway system conforming to Fire Prevention Std. 202.
20. Based on the required fire flow, an automatic residential fire sprinkler system shall be
installed throughout conforming to NFPA Std. 13D as modified by the fire marshal .
21. A minimum 30' wide break (brush clearing) shall be maintained around the structure.
LAND DEVELOPMENT DIVISION
22. An engineered site improvement plan showing all existing and proposed site conditions shall
be submitted with the application for a building permit.
23. A level `B" soils report must be submitted with the application for building permits.
24. Grading, drainage, and foundation plans shall be reviewed and approved by the soils
engineer.
25. All earth and foundation work shall be done under the direction of a soils engineer; and a
final report shall be submitted prior to occupancy.
26. No mass grading is to be done from October 15 through April 15.
27. An erosion control plan shall be submitted for approval by the City Engineer prior to the
issuance of a grading permit.
28. Erosion control plans shall show methods of controlling erosion and siltation during and after
final grading.
29. The site shall be winterized and all erosion control measures shall be installed prior to
October 15. Erosion control measures shall be maintained throughout the winter season.
30. Erosion control measures shall be consistent with the "best management practices " of the
Regional Water Quality Control Board.
31. The improvement plans shall show all existing and proposed drainage facilities.
32. Runoff from improved areas shall be collected and conveyed to the street, or established
drainage facilities, by underground conduit. Drainage shall not be diverted or concentrated onto
adjoining properties, or onto cut and fill slopes, or over sidewalk and driveways.
33. The improvement plans shall show the location of all existing and proposed sanitary
facilities.
34. Prior to the issuance of a building permit a letter shall be submitted from the Las Gallinas
Valley Sanitary District stating that sewer connections are available and that service can be
provided.
35.Any work in the street right-of-way requires an encroachment permit.
36. The improvement plans shall show all proposed and existing frontage improvements.
37. All existing curb, gutter, and sidewalk damaged during construction shall be replaced.
38. All frontage improvements shall be constructed in accordance with the "Uniform
Construction Standards for the Cities and County of Marin."
39. The improvement plans shall show all existing and proposed utilities.
40. All utility services shall be underground.
41. Parking lot lighting shall be installed.
POLICE DEPARTMENT
42. 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 12" in height and shall be of a contrasting color
to the background to which they are attached. The street address numbers shall be
illuminated during darkness.
43. There shall be positioned at each entrance of a multi -family dwelling complex, an illuminated
diagram (scaled schematic drawing of the complex) which shows the location of the viewer
and each individual unit within the complex. -
44. 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.
45. Each separate building of a multi -structure complex shall display street address numbers of at
least 24" in height and shall be of a contrasting color to the background to which they are
attached. 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.
46. The street address and any internal complex adddresses shall be in a sequence with the
numerical order of the rest of the street/buildings.
47. No garage or carport is to be marked with the same area number or letter as the dwelling unit.
48. Exposed roof vents and ducts of sufficient size to permit adult, human entry 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.
49. Perimeter walls, fences, trash storage areas, etc., shall be built to limit if not in fact prevent
access to the roof or balconies.
50. All exterior doors shall be of solid core construction with a minimum thickness of one and
three-fourths (1-3/4") inches or with panels not less than nine -sixteenths (9/16") inches thick.
51. Metal -framed glass doors shall be set in metal door jambs.
52. 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
one-eighth (1/8") inch in thickness and shall have a minimum hardened steel throw of one-
half (1/2") inch.
53. Exterior man doors and doors leading from garage area shall have dead -locking latch device
with a minimum throw of one-half (1/2") inch. A secondary lock is required and shall be a
dead -bolt lock with a cylinder guard and a hardened steel throw a minimum of one (1 ") inch
long. Both locking mechanisms shall be keyed the same. Both locking mechanisms shall be
interconnected so that both may be disengaged by turning the door knob from inside.
54. Metal -framed glass doors shall have a dead -bolt lock with a cylinder guard and a hardened
steel throw that is a minimum of one (1 ") inch long.
55. Exterior jambs for doors shall be so constructed or protected so as to prevent violation of the
function of the strike plate from outside. The strike plate shall be secured to the jamb by a
minimum of two screws which must penetrate into the solid backing beyond the jamb.
56. Front doors shall have a front door viewer that provides a minimum of 180 degrees peripheral
vision.
57. Exterior doors that swing outward shall have non -removable pins.
58. In -swinging exterior doors shall have rabbeted jambs.
59. Glass on exterior doors or within 40 inches of an exterior door shall be break -resistant or
glass -like materials to the satisfaction of the Police Department.
60. 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 one-
eighth (1/8") inch in thickness. The lock shall have a hardened steel throw of one-half (1/2")
inch minimum length.
61. Louvered windows shall not be installed within 8 feet of the ground level.
62. Any window in or within 40 inches of an exterior door shall be stationary and non -
removable.
63. If desired, a list of barrier or thorny plants is available from the SRPD Crime Prevention
Office at (415) 485-3114. These should be considered to deter access to windows or other
areas.
64. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture.
Future growth of landscaping must be taken into consideration. The applicant is cautioned to
beware of creating a haven for homeless or transient trespassers.
65. 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.
66. All garden and exterior lighting shall be vandal -resistant.
67. All exterior lighting shall be on a master photoelectric cell set to operate during hours of
darkness.
68. The minimum of one -foot candle at ground level overlap shall be provided in all exterior
doorways and vehicle parking areas.
69. A minimum of one-half foot-candle at ground level overlap shall be provided on outdoor
pedestrian walkways.
70. Permanently fixed ladders leading to roofs shall be fully enclosed with sheet metal to a height
of ten (10) feet. This covering shall be locked against the ladder with a casehardened 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.
71. Any alternative materials or methods of construction shall be reviewed with the Crime
Prevention Officer before installation.
72. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior
to occupancy.
PLANNING DIVISION
73. The building techniques, materials, elevations and appearance of the project, as presented for
approval shall be the same as required for the issuance of building permits. Any future additions,
expansions, remodeling, etc., shall be subject to the review and approval by the City's Zoning
Administrator or Planning Commission. Approved plans are dated August 8, 1997, with the
following exceptions: (1) The Site Plan and Partial Site Plan is dated 9/8/97; (2) Parking Layout
and Parking Garage Plan are dated 9/8/97; (3) All floor plans are dated 9/8/97; (4) Site Sections
and all building elevations are dated 9/8/97; and (5) The landscape and lighting plans are dated
9/8/97. Prior to the issuance of a building permit, the plans shall be modified as follows and as
recommended by the City's Design Review Board: (1) The terraced retaining walls located to the
rear of "Building #3" shall be modified by pulling them back and staggering the setbacks of the
walls to create some variety in the design of the walls; (2) The design of the trash enclosures
shall be modified to incorporate a roof cover; and (3) The landscape plan shall be modified to
incorporate lower plantings and a more simplified selection in front of the fire truck
hammerhead. Additional plantings shall be incorporated on the West retaining wall.
74. Any mechanical equipment (ie. air conditioning units, meters, transformers, etc.) and
appurtenances not entirely enclosed within the structure (on side of the 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.
75. All colors and building materials shall be consistent with those approved by the City's
Design Review Board, as on file in the Planning Department. Any modifications to these
approvals shall be subject to review and approval by the Design Review Board.
76. A detailed landscape and irrigation plan shall be submitted to the Planning Department for
review and approval by the City's Fire and Planning Departments prior to the issuance of grading
permits. The final landscape plan shall be consistent with the preliminary plan dated 9/8/97, on
file in the Planning Department. The final landscape plan shall be modified, consistent with
required modifications stated above in condition #73 . The minimum tree size shall be 15 gallon,
6 feet planted, and have a trunk calliper of at least (1) inch. The minimum shrub size shall be 5
gallon.
77. All landscaping shall be maintained in good condition and any dead or dying plants, bushes,
or trees shall be replaced with new healthy stock of a size compatible with the remainder of the
growth at the time of replacement.
78. Landscaping must meet the Marin Municipal Water District's (MMWD) water conservation
rules and regulations. Prior to the issuance of a building permit or other authorization to proceed,
the applicant must provide verification from MMWD stating that the landscape plan has been
approved.
79. Prior to the issuance of the certificate of occupancy for the project by the Planning Division,
the applicant shall provide a 3 year maintenance contract for landscaping or post a pre -paid 3
year maintenance bond.
80. Prior to the issuance of the certificate of occupancy for the project by the Planning Division,
all Pampas Grass and Scotch Broom shall be removed from the site. The broom shall be
removed annually for a period of three years and shall be covered by the language in the
maintenance bond.
81. All on-site guest parking stalls shall be double striped with wheelstops or curbing provided at
each space. Handicapped and compact parking stalls shall be appropriately marked on the
pavement.
82. All lighting improvements, facilities and fixtures shall be subject to the review and approval
of the Police Department and Planning Departments prior to the issuance of a building permit.
This review shall be to insure that all doors and entrances are adequately illuminated and to
insure that all illumination is directed at the subject property. All lighting shall be subject to a 30
day review period to monitor the illumination levels.
83. Prior to the issuance of a building permit, the applicant shall pay a traffic mitigation fee of
$36,825 (to be adjusted by Lee Saylor Construction Cost Index since 1990). This fee is based on
adopted fees of $2,455 per PM peak period trip in 1990 dollars X 15 trips/units.
84. San Rafael General Plan policy H-20 shall be satisfied. The applicant shall construct 2 (10%
of 15 units) Below Market Rate Units on-site. The agreement shall incorporate language which
offers a portion of the BMR units in the project (consistent with applicable law) to City
employees, people working in the City of San Rafael and people working in Marin County. The
applicant shall submit a BMR agreement for review and approval by the City Council. The BMR
agreement shall be recorded with the County of Marin prior to the issuance of a building permit.
85. Prior to the issuance of a building permit, the applicant shall apply for and receive approvals
for a two -lot subdivision of the project site into one, 1.62 acre (Parcel Number 155-251-16)
parcel and one, 1.27 acre (Parcel Number 155-251-17) parcel. Consistent with the Smith Ranch
Master Plan and the open space easement language on parcel 155-251-16, this parcel shall be
"kept open and free from buildings and structures of any kind." The open space parcel shall also
remain in private ownership, maintained and owned by owners of the Marin Lofts
condominiums. All subdivision conditions of approval shall be consistent with these
requirements.
86. This Environmental and Design Review permit shall be valid for two years, or until
September 25. 1999. and shall become null and void if a building permit is not issued. Prior to
the expiration of the permit, a time extension may be granted by the Zoning Administrator.
NEGATIVE DECLARATION CONDITIONS
87. All grading and building construction shall be consistent with the findings and
recommendations of the geotechnical investigation report, prepared by Miller Pacific
Engineering Group (dated August 20, 1997). All recommendations submitted by the City's
Geotechnical Review Board shall also be incorporated into the final grading plan and
construction drawings for the proposed structure.
88. The loose surficial soil from the slope area shall be removed by maintaining a bench or
slough catchment area between the toe of the slope and building area and by establishing erosion -
resistant ground cover vegetation (Miller Pacific report, dated August 20, 1997).
89. Conformance with standard Grading Permit requirements relating to erosion and dust control.
90. The project site shall be watered during site grading and building construction. Temporary
gravel shall also be placed on all unpaved access roads during site grading and construction.
91. On-site construction, construction related activities and equipment operation shall be limited
to the hours of 8:00 AM to 5:00 PM, Monday through Friday only. All construction vehicles and
equipment shall be properly maintained and muffled.