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HomeMy WebLinkAboutPlanning Commission 2015-10-13 #3Meeting Date: Agenda Item October 13, 2015 NO Case plumbers: TS15-004, ED15-054, UP15- Community Development Department — Planning Division 023 P. O. Box 151560, San Rafael, CA 94915-1560 Project Planner: Kraig Tamborn1 PHONE: (415) 485-3085/FAX: (415) 485-3184 (415) 485-3092 REPORT TO PLANNING COMMISSION SUBJECT: 1203 and 1211 Lincoln Avenue (Corner of Lincoln Ave. and Mission Ave.) — Request for Time Extensions for a Vesting Tentative Condominium Map, Environmental and Design Review Permit and Use Permit approvals for a 36 -unit residential condominium project, including height and state density bonus, on a 0.68 -acre corner property in the Downtown area. APN: 011-184-08 and 011-183-10; High Density Residential (HR1) District; Lafayette Capital Group, Inc., owner/applicant; File No(s): TS15-004, ED15-054 & UP15-023 (Current File Numbers TS05-001, ED08-071 and UP08-046). EXECUTIVE SUMMARY The project consists of the first request for a one-year time extension of a Vesting Tentative Map (VTM), and related Use Permit and Design Review zoning entitlements, for the subject project. This current application represents the first of three one-year time extension requests that may be approved. The application was filed in a timely manner on June 23, 2015. The VTM, and related entitlements, had received automatic time extensions of its initial two-year life as a result of legislative actions of the State and the City, which were granted in response to the economic downturn. These automatic extensions resulted in extension of the original approval period to August 7, 2015. City staff also had granted one extension of the related Use Permit and Design Review Permit approvals, which was required to run concurrent with the first automatic VTM extension granted by the State. At that time, Planning Division staff added conditions to address site maintenance and safety concerns that arose following demolition of the original units and residence on the site. For vesting maps, and extensions, the State Subdivision Map Act establishes that the City may only apply the fees, ordinances and policies (including General Plan 2020 policies) that were in effect at the time the original application had been accepted as complete. Changes can be required only to make corrections or update to existing conditions, or to address state and federal regulations, or to address a previously unknown or new health and safety issue. The City Subdivision Ordinance allows for three one- year extensions, with a maximum life of five years, including the original approval and all formal extensions. The automatic extensions granted for this VTM toll the life of the original approval and therefore are not counted against the five-year maximum approval period. There have been no substantial changes made to the site, or the City of San Rafael General Plan 2020, or Subdivision or Zoning Ordinance, or other local codes that would require new conditions or improvements to be imposed to address health or safety issues. A few minor updates have been provided by Fire and Public Works to address changes in health and safety and federal codes. A draft resolution of approval has been prepared that incorporates all of the findings, conditions and mitigation measures from the current project approvals (TS05-01, and ED08-71/UP08-46), with the minor changes to conditions described herein. REPORT TO PLANNING COMMISSION - Case No: TS15-004; ED15-064; UP15-023 Page 2 RECOMMENDATION It is recommended that the Planning Commission adopt a resolution approving an extension request for the project Vesting Map, Use Permit and Design Review Permit approvals. PROPERTY FACTS Address/Location: 1203-1211 Lincoln Ave Parcel Number(s): 011-184-09 & 011-183- Project Site: High Density Residential HR'I 10 Property Size: 0.68 acres Neighborhood: Downtown (adjacent to Project Site: High Density Residential HR'I Lincoln/San Rafael Hill) Site Characteristics General Plan Designation I Zoning Designation Existing Land -Use Project Site: High Density Residential HR'I Vacant North: High Density Residential HR1 Residential South: Fifth and Mission Residential/Office 5/M R/O Commercial East: Fifth and Mission Residential/Office and Residential/Office 5/M R/O and R/O Residential and Office West: Hi h Density Residential HR1 Residential Site Description/Setting: The project site consists of two parcels, approximately 29,621 square feet in size, formerly developed with a residence and a 24 -unit apartment complex (originally built as a motor court motel in 1936 and a single-family home constructed in 1907). The apartment structure was identified on the San Rafael Historical/Architectural Survey. The property is located on a primary vehicular entry into San Rafael (located at the northwest corner of Mission Avenue and Lincoln Avenue) and is on the outskirts of the San Rafael downtown. The surrounding development consists of a mixture of multi -family and commercial. Both Mission Avenue and Lincoln Avenue are heavily traveled thoroughfares and are constrained by traffic during peak traffic periods. Surrounding development consists of primarily single level and two story structures. The residential condominium structure located to the west is four stories and steps up the grade toward Laurel place. BACKGROUND On August 7, 2006, the City Council adopted Resolution 12016 (Attached, as Exhibit 3) certifying a final Environmental Impact Report (FEIR) for redevelopment of the project site with a 36 -unit condominium project, which included one significant unavoidable impact associated with demolition of structures on the property that were eligible for listing on the California Register of Historic Places. The City Council adopted findings with a Statement of Overriding Considerations, by Resolution 12017, for removal of the historically significant structures. On August 7, 2006, the City Council also adopted Resolution 12018 (attached; as Exhibit 4) to approve Environmental and Design Review ED04-102, Use Permit UP05-032, and Vesting Tentative Map TS05- 001 for the project, consisting of a 36 -unit residential condominium building with associated parking and landscaping, including a height bonus up to 45 feet, a state density bonus with concession to allow tandem parking. REPORT TO PLANNING COMMISSION - Case No: TS15-004; ED15-054; UP15-023 Page 3 On July 11, 2007, the City issued a demolition permit B0705-085 for removal of existing residential and multi -family units on the property consistent with the project approvals. The work to demolish the existing buildings has been completed and the property has remained vacant. On August 6, 2008, Lafayette Capital Group filed a timely application requesting an extension of the project approvals TS05-001/ED04-102/UP05-032. Extensions were granted as follows: ® On July 15, 2008, Senate Bill 1185 was passed which had automatically extended TS05-001 for 1 year, until August 7, 2009. ® On October 8, 2008 the Zoning Administrator granted a time extension request ED08-071 and UP08-046 for the design review and height bonus zoning approvals granted under ED04-102 and UP05-032, which are related to TS05-001 (automatically extended), with a new expiration date of August 7, 2009. ® On December 1, 2008, the Council adopted Ordinance 1869 that automatically extended the life of entitlements related to any other unexpired maps in the City that were granted an automatic extension by the State. On July 15, 2009, the state legislature granted a 2 -year automatic extension to unexpired maps, and the City Council adopted Ordinance 1878 to apply to all related entitlements, extending the project approvals TS05-01, ED08-071 and UP08-046 to August 7, 2011. On July 13, 2011 the state granted another 2 year automatic extension to unexpired maps. San Rafael Municipal Code 15.01.155, as amended by Ordinance 1878, automatically extended related zoning entitlements, extending the project approvals to August 7, 2013. On July 11, 2013 the state granted another 2 year automatic extension to unexpired maps. San Rafael Municipal Code 15.01.155 automatically extended related zoning entitlements, extending the project approvals to August 7, 2015. On June 23, 2015, the property owner, Lafayette Capital Group filed the first regular time extension request for TS05-01, and the related entitlements ED08-071 and UP08-046. On July 8, 2015, the project was referred to Building, Fire, Public Works, and San Rafael Sanitation to review, confirm and update its conditions of approval as necessary to address any updated codes affecting health and safety requirements. PROJECT DESCRIPTION The project requests an extension of time for the Vesting Tentative Condominium Map, Use Permit and Design Review Permit approvals granted by the City Council on August 7, 2006 (and subsequently extended automatically several times by State action). The Planning Commission is required to conduct a hearing on extension request for a vesting tentative map. The project consists of a 36 unit condominium development in 4 levels over parking, with a density bonus to allow 36 units where the base density is 30 units (based on 15-3 units per acre). A two -foot building height bonus is included to allow 38 feet as measured by the building code, where up to 48 feet can be allowed for projects with affordable units. Six (6) affordable units are proposed; four (4) low income and two (2) moderate income units. Fifty-two (52) parking spaces are included with 2 ADA spaces and 30 tandem spaces as allowed by the state density bonus regulations. Units consist of 1 studio, 19 one - bedroom units and 16 two-bedroom units. Parking is required at 1 space each for the studio and one bedroom units requires and 2 spaces each for the 2 bedroom units. No changes are proposed to the project since the City's 2006 approval. REPORT TO PLANNING COMMISSION - Case No: TS15-004; ED15-054; UP15-023 Page 4 ANALYSIS San Rafael General Plan 2020 Consistency: The project proposes to extend approvals for a multi -family development which remains consistent with the underlying High Density Residential land use designation. Given that the project includes a Vesting Tentative Map, the extension cannot require changes or new conditions (including any deemed warranted to address revised General Plan policies) except as necessary to correct conditions, comply with state or federal regulations and health and safety issues. Zoning Ordinance Consistency: Extension of the project includes Use Permit and Design Review Permit entitlements. The provisions for extension of these related entitlements are as follows: ➢ 14.22.140 — Use Permit Extensions. A use permit may be extended (by the zoning administrator) if the findings required by Section 14.22.080 (Findings) remain valid and application is made prior to expiration. ➢ 14.25.150 — Environmental and Design Review Permit Extensions. An environmental and design review permit may be extended (by the zoning administrator), if the findings required by Section 14.25.090 remain valid, there have been no substantial changes in the factual circumstances surrounding the originally approved design, and application is made prior to expiration. Given that the project includes a Vesting Tentative Map request, changes may only be made to correct conditions, or address state and federal regulations, or health and safety issues. In general, new requirements may not be imposed, even if the project is no longer consistent with new policies or zoning regulations. Staff has approved onetime extension for the Use Permit and Design Review entitlements, which occurred in October 2008. This was required because the automatic extension granted by the State at that time did not address related zoning entitlements. There were four residents at the 2008 meeting on the request for extension of the original Use Permit and Design Review zoning entitlements. Staff added conditions of approval to address security fencing and site maintenance concerns that were identified as necessary to address weed and debris issues, and occurrence of homeless encampments on the property. These issues were new given that the site remained vacant and was likely to remain so for a number of years. The site has been adequately maintained since incorporation of these conditions. There are no other circumstances applicable to this project that would warrant the establishing of new conditions. Therefore, staff has recommended approval of the project with the findings and conditions from the original approval, as amended in 2008. Conditions that have been completed for the project have been removed, including requirements for tenant relocation and rodent eradication associated with demolition of the previous buildings. Subdivision Ordinance Consistency: 15.01.130 - Time limits for map approvals and extensions The City code would allow up to three individual one (1) year time extensions to be requested and granted, for a total life of five (5) years from the initial map approval date. The original map was granted a life of two years, leaving the potential for three subsequent one year extensions. The automatic time extensions granted by the state and City are not counted against the five year total life. In reviewing and considering this time extension, the City can impose the same conditions instituted for the initial map approval. For a Vesting Tentative Map the City may only apply City fees, ordinances and policies in effect at the time the original application was accepted as complete. New conditions or improvements cannot be required unless it has been determined that additional conditions or improvements are necessary to address a circumstance or an environmental impact that was not present REPORT TO PLANNING COMMISSION - Case No: TS15-004; ED15-054; UP15-023 Page 5 or known at the time of initial map approval.. However, the City may require changes to correct or update conditions, or address health and safety, state and federal regulations. Changes to City codes, San Rafael General Plan 2020 or the Subdivision or Zoning Regulations would warrant a review of these requirements to determine if the project would create health and safety concerns in light of these new policies or regulations. However, no significant changes have been made to the City policies or codes that would have health and safety implications. The extension request was forwarded to other City departments to review, and update conditions as necessary, which resulted in some minor revisions to the conditions of Fire, Public Works and San Rafael Sanitation District. Planning staff had previously revised conditions of the Use and Design Review Permits to address changes in site conditions and concerns with security and site maintenance. Staff has prepared an update resolution that incorporates the original findings, conditions and mitigation measures, with the minor changes referred to herein. Strikeout and underline text has been used for conditions revised or updated as necessary to be consistent with health and safety regulations. ENVIRONMENTAL DETERMINATION As noted in the Background Discussion above, the City Council certified a Final EIR for this project, and adopted a Mitigation monitoring and Reporting Program with and Statement of Overriding Consideration Findings required pursuant to CEQA Guidelines Section 15091, and Section 15093 for unavoidable environmental impacts that could not be reduced to a level of insignificance with mitigation. The unavoidable impact consisted of demolition of an historic structure at 1211 Lincoln Avenue and an historic resource at 1203 Lincoln Avenue. The FEIR applies to the time extension request and would remain applicable. No changes to the project are proposed. Changes to the physical site condition have occurred consisting of removal of the original structures, through issuance of a City building permit granted in substantial compliance with project approvals. No other physical changes have occurred in the project area. The City baseline traffic model also currently remains unchanged at this time and will not be updated until after operation of SMART. Thus, at the time of review of this extension request, no changes in traffic conditions have been identified or anticipated. Traffic mitigation fees remain the appropriate measure to fund the improvements identified as required to address increased traffic from the project, consistent with the General Plan 2020 buildout assumptions. NEIGHBORHOOD MEETING / CORRESPONDENCE Notice of the hearing has been provided in compliance with Chapter 14.29, which included posting of a notice on-site and mailing to residents and property owners within 300 feet, and Lincoln/San Rafael Neighborhood Association at least 15 days before the meeting. A copy of the hearing notice is attached as Exhibit 6 and comments are attached as Exhibit 7. OPTIONS The Planning Commission has the following options: 1. Approve the application as presented (staff recommendation) 2. Approve the application with certain modifications, changes or additional conditions of approval. 3. Continue the applications to allow the applicant to address any of the Commission's comments or concerns EXHIBITS 1. Vicinity Map 2. Draft Resolution of Time Extension Approval REPORT TO PLANNING COMMISSION - Case No: TS15-004; E015-054; UP15-023 Page 6 3. City Council FEIR Certification Resolution 12016 4. City Council FEIR NINIRP and SOC Approval Resolution 12017 5. City Council Resolution of Approval 12018 6. Public Hearing Notice 7. Public Comments Plans have been distributed to the Planning Commission only °i co _on p ��r mai IJdi mon � a :.: 4,1 u c � vt rh CID on M r...' an o a ° ca R NO w N _ r °�41 NI %/ rF1 g S-3 �1 y _ Z. MR Mag w 1'c.ss JJ j% f 4 51, � 21) �:. yy�� ddb ass Uji x.re �g e Igoe to Gllv� fa 4Ga Ldp wzJ bEB 9Z4 4-8 Ca 0) LIZ r J tia 3,fr r ,b fteopg IN r` `? 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V1. islyj g z 41 Jett e Qv$L 4-1 X W o z 3 i W N N %° Q V1 W ni � 3 ° •i N N N = 4. 7 CI N N C +..+ Q fL6 E -�2 i Q C W o to 0 N 3 R L- N v N N E ztA c_ C H N ru N N z E E Y W N 0 Y CI N V1 J J 7 c ro C$ w ro4? ro c u o o c o a= v zto a� u� ,� ro=ins min Rm =a d-aLnLninO �m ,�O vi vi Ev a r� Y J v'� 5 '�i m m 0. wi Am w 0 ixl N1 iml CY Exhibit 2 RESOLUTION NO. 15 - RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING A TIME EXTENSION REQUEST FOR ENVIRONMENTAL AND DESIGN REVIEW PERMIT (EDI 5-054), USE PERMIT (UP15-023)FOR A HEIGHT BONUS AND A VESTING TENTATIVE CONDOMINIUM MAP (TS 15-004) TO CONSTRUCT A NEW 36 -UNIT RESIDENTIAL CONDOMINIUM BUILDING WITH ASSOCIATED PARKING AND LANDSCAPING LOCATED AT 1203 AND 1211 LINCOLN AVENUE (CORNER OF LINCOLN AVENUE AND MISSION AVENUE) (APNs: 011-184-08 AND 09) WHEREAS, on June 23, 2015, Lafayette Capital Group submitted a request for time extension of the approvals granted by the City to construct a 36 -unit residential condominium building at 1203 - 1211 Lincoln Avenue, in the HR1 Zone District, and subsequently requested a 90 day extension of time to postpone the planned hearing date; and WHEREAS, on August 7, 2006, the City Council certified an Environmental Impact Report for the project by adoption of Resolution 12016, adopted Statements of Overriding Considerations for the project by adoption of Resolution 12017, and approved the original project entitlements TS05-01, ED04-102, and UP05-032 for an initial period of two (2) years, until August 7, 2008, by adoption of Resolution 12018; and WHEREAS, on July 11, 2007, demolition permit B0705-085 was issued for removal of the existing residential and multi -family units on the property, consistent with the project approvals and mitigation measures, and work to demolish the existing buildings was completed on 12/25/2008; and WHEREAS, the Vesting Tentative Map and related entitlements were extended automatically on four occasions, by the state (on July 15, 2008, July 15, 2009, July 13, 2011 and July 11, 2013) and by local ordinances 1869 and 1878, for one-year to two-year periods, while the related use permit and design review zoning entitlements had obtained one formal time extension by the Zoning Administrator on 10/8/08 (amended as ED08-071 and UP08-046); and WHEREAS, an extension for a Vesting Tentative Map establishes that only fees, ordinances and policies (including General Plan 2020) in effect at the time of the original application submittal was deemed complete may be applied to the extension request, and that only changes may be made to correct or update conditions, to address state and federal regulations and health and safety issues; and WHEREAS, the extension request has been referred to other City departments and responsible agencies to review its requirements, and staff has incorporated the findings, conditions and mitigation measures as established in the original City Council approval Resolution 12018 and as amended by the Zoning Administrator action on 10/8/08, with revisions to Planning, Fire and Public Works conditions made to address revisions to site conditions and codes necessary to preserve and address public health and safety requirements; and Exhibit 2 — Draft Resolution PC Meeting October 13, 2015 WHEREAS, time extensions for a Tentative Map can be granted for twelve (12) months, with additional extensions beyond the initial twelve (12) month extension possible, provided that the life of the tentative map approval does not exceed a total of five (5) years from initial approval date (which is tolled based on the automatic extensions granted by the State); whereby the project may ask for no more than three formal extensions including this one in order to obtain up to three years of additional time to file the final map, under the current vested rights granted to the original project approval (i.e., extensions possible until August 7, 2018), after which time a new application may be required if the project map has not been recorded and vested; and WHEREAS, notice of this public hearing has been provided in compliance with San Rafael Municipal Code Chapter 14.29, including posting of the public hearing notice on the property, mailing to residents and occupants within 300 feet of the property, and mailing to the Lincoln-Fairhills neighborhood association at least 15 days prior to the public hearing; and WHEREAS, the City Council in certifying the Environmental Impact Report for the project by adoption of Resolution 12016, adoption of Statements of Overriding Considerations for the project by adoption of Resolution 12017 which included at least one adverse unavoidable impact (i.e., removal of historic structures at 1203 and 1211 Lincoln Avenue which were eligible for the California Register of Historic Places), and findings for approval of the project entitlements TS05-01, ED04-102, and UP05-032 by adoption of Resolution 12018, included findings required pursuant to CEQA Sections 15091 and 15093 and these findings remain valid and apply to this time extension request and are incorporated herein and by reference; and WHEREAS, the San Rafael Planning Commission held a duly noticed public hearing on the project, accepting all oral and written public testimony and the written report of the Community Development Department staff; and WHEREAS, the Community Development Department, Planning Division is the custodian for all documents which constitute the record of proceedings for this project; and WHEREAS, a current outstanding balance for unpaid Planning Department processing fees has been documented in the amount of $5,328.67 and EIR preparation fees of $27,995.65 (An accounting detail of these charges was provided to the applicant on November 28, 2006), which would be requested to be paid before filing of the vesting map in accordance with the applicable City fee schedule. NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following findings: Findings (UP15-023) Use Permit (Height Bonus) A. A timely extension request was filed by Lafayette Capital Group on June 23, 2015, prior to the expiration date of August 7, 2105. -2- B. The Findings under City Council Resolution 12018 remain valid given that no change in circumstances have occurred, as follows: 1) The property remains regulated under the same zoning and general plan land use policies and regulations and given that the project includes a vesting tentative map, the project is subject only to those fees, ordinances and policies in effect at the time of the original application submittal. 2) The environmental characteristics of the site have not changed. 3) The mitigation measures adopted for the project remain valid and are being implemented consistent with the Mitigation Monitoring and Reporting Program. 4) No revisions have been identified as necessary to address any health and safety regulations or any state or federal requirements. C. The findings for approval of the original UP05-032, as amended by UP08-046, and related design review and subdivision entitlements granting approval for a 36 unit condominium project and associated parking with a height bonus for affordable units are hereby affirmed as follows: 1) The proposed residential use, as conditioned, is in accord and consistent with the San Rafael General Plan 2020, the purposes of the Zoning Ordinance (Title 14 of the San Rafael Municipal Code), and the purposes of the High Density Residential HRl District (Chapter 14.04 of the San Rafael Municipal Code) in that: a) The proposed development would result in a gross density of 30 units per acre, excluding the density bonus units, which would be within the density range permitted under the General Plan 2020, High Density Residential land use designation (15 to 32 dwelling units per gross acre); b) The maximum height of the proposed building is 38 feet as measured under provisions of the Zoning Ordinance and California Uniform Building Code, which is consistent with Land Use Element Exhibit 7 (Building Height Limits) and Land Use Policy LU -13 (Height Bonuses) allowing a maximum height of 48 feet since the project qualifies for up to a 12 -foot height bonus for inclusion of affordable housing units; c) The proposed high density residential project is located at the intersection of two major arterial streets, both of which allow and are , developed with other high density housing projects, including the four-story condominium development immediately west of the project site (as shown on original application plan Exhibits la, lb, lc, 2a and 2b to CC Resolution 12018), with available traffic capacity within adopted level -of -service standards in the General Plan and adequate existing infrastructure to provide utilities, consistent with Policy LU -8 Density of Residential Development; d) The proposed project was considered under the City's Traffic Allocation Model and qualified for an exemption from the Project Selection Process under the provisions of City Council Resolution 11666 since the project would generate less than 10 peak hour trips, and was therefore deemed consistent with the applicable Land Use Policy LU -3 and LU -3a (Project Selection Process); which has subsequently been rescinded and no longer applies to development. -3- e) The high-density design, setbacks and height of the proposed project are consistent with those of other properties in the Lincoln Avenue and Mission Avenue corridors which includes several residential structures of 3 to 5 stories including the adjacent structures at 820 Mission (45 feet tall) and 1215 Lincoln (30 feet tall) (see original applicant plan Exhibits la, lb, lc, to CC Resolution 12018), and the proposed project incorporates numerous transitions in setbacks and heights through the staggering of balconies, building stepbacks (see original application plan Exhibits 2a and 2b to CC Resolution 12018), recessing the fifth floor by setbacks of 59 feet from the Lincoln Avenue property line and 56 feet from the Mission Avenue property line, inclusion of a rear landscaped courtyard which sets the building face back 30 feet from the northern property line adjacent to other residential properties, and incorporation of landscaped setbacks of between 15 and 23 feet on Lincoln and between 19 and 28 feet on Mission which exceed the minimum required setbacks (see original application plan Exhibit 3a to CC Resolution 12018) and exceed existing street setbacks on numerous existing high density developments along these streets (see original application plan Exhibit 3b to CC Resolution 12018) and is therefore consistent with Housing Policy H-3 (Design That Fits into the Neighborhood Context); f) The application process included numerous meetings with neighborhood groups and the Federation of San Rafael Neighborhoods consistent with Housing Policy H-4 (Public Information and Participation); g) The proposed redevelopment is the result of City housing inspections by the Building and Safety Division, Code Enforcement Division and Fire Department in 2002 which identified numerous violations of housing, building and fire codes and would remove substandard housing units consistent with Housing Policy H-11 (Housing Conditions and Maintenance), Program H -11(a) (Apartment Inspection Program) and Neighborhood Policy NH -4 (Improve Property Maintenance); h) The proposed project would develop a site within an area identified for appropriate increases in housing included in Appendix B (Housing Element Background) Summary of Potential Housing Sites, Exhibit BB — Example Downtown Development Sites and is therefore consistent with Housing Program H -18a (Affordable Housing Sites); i) The proposed project would be developed at the maximum of the density range for the High Density Residential land use category and is therefore consistent with Housing Program l8b (Efficient Use of Housing Sites); j) The proposed project would provide six (6) deed -restricted affordable housing units including four (4) priced for -sale to low-income households and two (2) priced for -sale to moderate -income households which exceeds the minimum requirements of Housing Policy H-19 (Inclusionary Housing Requirements); k) The proposed project, by including 6 affordable housing units, proposes to utilize provisions of the State Density Bonus Law resulting in 7 bonus units, and proposes to utilize the height bonus allowed in Land Use Policy LU -13, and is therefore consistent with Housing Program H-21 (Density Bonuses and Other Regulatory Incentives for Affordable Housing); 1) The proposed project would locate high density residential along bus corridor on Lincoln Avenue (GGT Routes 57 and 59) and within one-fifth mile of the Downtown Bettini Transportation Center (with 19 GGT bus routes) and a potential SMART light rail station, consistent with Housing Policy H-22 (Infill Near Transit); m) The proposed project would enhance neighborhood image by replacing two dilapidated structures in a very visible location at the intersection of Lincoln and Mission Avenues, would incorporate sensitive transitions in height and setbacks with 8 different roof heights along Mission and 7 along Lincoln (see Exhibits 2a and 2b to CC Resolution 12018), projecting and recessed balconies along both frontages, recessing the fifth floor by setbacks of 59 feet from the Lincoln Avenue property line and 56 feet from the Mission Avenue property line, inclusion of a rear landscaped courtyard which sets the building face back 30 feet from the northern property line adjacent to other residential properties, and incorporation of landscaped setbacks of between 15 and 23 feet on Lincoln and between 19 and 28 feet on Mission which exceed the minimum required setbacks (see Exhibit 3a to CC Resolution 12018) and existing street setbacks on numerous existing high density developments along these streets (see Exhibit 3b to CC Resolution 12018), would respect privacy and adjacent development by careful placement of windows along common property lines as considered by the Design Review Board, by recessing the fifth floor substantially from both Lincoln and Mission Avenues, by providing greater building setbacks than many other high density residential developments along both street corridors and by incorporating a rear landscaped courtyard which sets the building face back 30 feet from the northern property line adjacent to other residential properties, would maintain infrastructure service levels by not exceeding the traffic levels -of -service as documented in the Final EIR and would provide adequate parking by meeting the state -mandated parking requirements of the Density Bonus Law (California Government Code Sections 65915-65918) and is therefore consistent with Neighborhood Policy NH -2. The project would not preserve existing structures which have been found in the Final EIR to be historic resources; n) The project would include a parking area within the landscaped setback for service vehicles which is not required by the Zoning Ordinance but which was requested by the neighborhood and required by the Planning Commission, and is therefore consistent with Neighborhood Program NH -8b (Additional On -Site Parking); o) Neighborhood Policy NH -116 specifically addresses the Lincoln Avenue corridor and states, "allow higher density residential development along Lincoln Avenue between Hammondale Court and Mission Avenue given its good access to public transit. Promote lot consolidations to achieve higher densities and minimizing ingress/egress to Lincoln Avenue; maintain 15 -foot setbacks and street trees as corridor amenities to provide a landscaped streetscape. Promote high-density residential development along Lincoln Avenue, consistent with its existing character and good access to public transit. Encourage redevelopment of these sites for residential use, consistent with the surrounding neighborhood. Encourage lot consolidations to achieve more efficient redevelopment project designs. Encourage underground parking for any new or substantial redevelopment project along Lincoln Avenue. Design all new projects and substantial remodels in accordance with Noise Element policies. Require setbacks and -5- other project design features that visually reduce the wall effect along Lincoln Avenue. Encourage underground parking in new development to reduce building mass and height." The project meets these criteria by being a high-density redevelopment project at the intersection of Lincoln and Mission Avenues, by consolidating two parcels to increase frontage along Lincoln, by including an underground'parking garage and two access points along Lincoln and Mission Avenues, by reducing access points along Mission Avenue by eliminating six existing driveway curb cuts, by providing construction methods that will comply with City and State noise standards for condominium housing, by providing a minimum 15 -foot setback along Lincoln Avenue including landscaping and street trees, and by incorporating various roof levels, balcony projections and varied setbacks to reduce building bulk and a "wall effect" along Lincoln Avenue; p) The project would not preserve two structures determined to be historic resources, but would preserve and enhance the scale and landscaped character of the City's residential neighborhoods by eliminating buildings which are presently largely vacant and dilapidated, by increasing landscaping along both the Lincoln and Mission Avenue frontages compared to the extremely minimal existing landscaping and by designing the structure to appear as a four-story building consistent with the heights of other multi- family residential buildings in the vicinity by recessing the fifth floor substantially, and is therefore partially inconsistent and partially consistent with Community Design Policy CD -3 (Neighborhoods); q) The project would not be consistent with Community Design Policy CD -4 (Historic Resources) since it would remove structures which have been determined to be historic resources; r) The project was determined in the Final EIR to not block views of San Rafael Hill from the Lincoln or Mission Avenue approaches and surrounding sidewalks and is therefore consistent with Community Design Policy CD -5 (Views); s) The project would include a landscaped courtyard and community room at the rear of the site as well as private balconies for all units, complying with size requirements of the Zoning Ordinance and is therefore consistent with Community Design Policy CD -14 (Recreational Areas); t) The project would include six units of affordable housing with priority for occupancy by public agency employees near Downtown and public buildings and is therefore consistent with Economic Vitality Policy EV -12 (Workforce Housing); u) Net traffic generation from the project would not change level of service (LOS) at any of 17 studies intersections, increasing delay during peak hours by between 0.1 and 0.5 seconds and adding 40 daily trips to Lincoln Avenue which currently carries approximately 19,000 daily vehicles (a 0.2% increase) and is therefore consistent with Circulation Policy C-5 (Traffic Level of Service Standards); v) The project would be required to contribute approximately $ 25,476 in traffic mitigation fees to be used towards future traffic improvements contained in General Plan M 2020 and is therefore in compliance with Circulation Policy C-7 (Circulation Improvements Funding); w) The project, with inclusion of a Mission Avenue entrance, would add minimal traffic to Laurel Place and Nye Street (5 additional trips — a 0.6% increase) and is therefore consistent with Circulation Policy C-21 (Residential Traffic Calming); x) The project will provide new street trees along both Lincoln and Mission Avenues and is therefore consistent with Infrastructure Policy I-8 (Street Trees); y) The San Rafael Sanitation District has adequate sewer capacity for the proposed project, consistent with Infrastructure Policy I-10 (Sewer Facilities); z) The project would demolish two structures, both of which were determined by the Final EIR to be historic resources for purposes of CEQA and one of which is included on the San Rafael Historical/Architectural Survey with a rating of "good", and would therefore not be in compliance with Culture and Arts Policy CA -13 (Historic Buildings and Areas); aa) The project would not be able to incorporate or reuse the existing historic buildings which are in poor condition and do not lend themselves for use for multi -family housing as determined by analysis of rehabilitation costs and a financial return analysis included in Attachment 2, Exhibits 1 a, lb and 1c, and is therefore not consistent with Culture and Arts Policy CA -14 (Reuse of Historic Buildings); bb) The project site was evaluated for archaeological resources and found unlikely to contain such resources, consistent with Culture and Arts Policy CA -15 (Protection of Archeological Resources); cc) The project provides an interior landscaped courtyard and community room and is therefore consistent with Parks and Recreation Policy PR -10 (Onsite Recreation Facilities); dd) The project would be required to contribute to future park facilities by payment of park impact fees of approximately $21,647, consistent with Parks and Recreation Policy PR -25 (Contributions by Ownership Residential Development); ee) The project would be consistent with Safety Policies S-1 (Location of Future Development), S-3 (Use of Hazard Maps in Development Review), S-4 (Geotechnical Review), S-6 (Seismic Safety of New Buildings), 5-25 (Regional Water Quality Control Board Requirements) and 5-32 (Safety Review) by being proposed on a site not subject to flooding or landslides and located in an area currently served by emergency personnel. The project would be required to comply with provisions of the California Building Code, preparation of a Storm Water Pollution Prevention Plan, and would be reviewed by City Police and Fire personnel. A geotechnical investigation was prepared for the project and determined that the site is suitable for the proposed project, and is subject to conditions of approval; ff) The project would be consistent with the purposes of the Zoning Ordinance, as stated in Section 14.01.030 of the Zoning Ordinance, by providing a high-density multi -family development within the density range of the High Density Residential (HR1) District in 50 an area of similar zoning, by complying with the City's traffic level -of -service standards, by being located in an area with existing and adequate infrastructure including roads, utilities, emergency services, and transit, by complying with provisions of the California Building Code, by complying with the policies of General Plan 2020 as documented above, by locating high-density housing in close proximity to high-density jobs in the Downtown, by providing additional ownership and affordable housing in proximity to jobs, by providing an underground parking garage with only two entrance points which were found to provide adequate site distance and minimal traffic impacts, by providing off-street parking for service vehicles, by providing varied and greater landscaped setbacks along the Lincoln and Mission Avenue corridors than required by the HR1 District (see Exhibit 3a to CC Resolution 12018), by incorporating varied roof heights and building stepbacks to reduce the appearance of building bulk (see Exhibits 2a and 2b to CC Resolution 12018), and by its review which included numerous neighborhood meetings and public hearings before the Design Review Board, Planning Commission and City Council. The project would not be consistent with the purpose of preserving historic resources; and gg) The project would be consistent with the purposes of the High Density Residential (HRI) District, as stated in Section 14.04.010 of the Zoning Ordinance by being in compliance with the density and other development regulations of this District, by providing high-density housing in a neighborhood of higher but varied densities, by contributing to existing development patterns and varied design character in the area, by being located on a site with no environmental constraints such as flooding, landslides, or geotechnical problems and with adequate infrastructure, and by . including a landscaped courtyard and community room for residents. 2) The proposed project, as conditioned, would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City in that a Final Environmental Impact Report has been prepared and adopted for the project pursuant to the provisions of the California Environmental Quality Act which found only one significant unavoidable impact for which the City Council has found acceptable through adoption of findings of overriding consideration, through its consistency with the policies and programs of General Plan 2020 as documented above, due to its incorporation of design features to minimize the impacts of building mass as documented in Findings C.1)(e), 1(m), 1(n), 1(o) and 1(s) above and since the project design was reviewed by the Design Review Board and the Planning Commission and recommended for approval, and Building, Fire, Public Works, San Rafael Sanitation District, Marin Municipal Water District have reviewed the project and incorporated conditions required to assure the site would be adequately served and protected in accordance with health and safety regulations. 3) The proposed project complies with all regulations contained in the Zoning Ordinance including maximum height, building setbacks, landscaping, recreational space, affordable housing, and complies with mandatory parking maximums of California Government Code Sections 65915-65918. Findings (ED15-054) -8- Design Review A. The findings for approval of the original ED04-102, as amended by ED08-071, granting approval for a 36 unit condominium project and associated parking height increase and affordable units are hereby affirmed as follows: 1) The proposed project is in accord with the San Rafael General Plan 2020 as documented in Use Permit Finding C.1 above. 2) The proposed project is consistent with the objectives and criteria of the Zoning Ordinance as documented in Use Permit Finding C.1 above. B. The proposed project remains consistent with the purposes of Chapter 14.25 of the Zoning Ordinance (Environmental and Design Review) in that: 1) The project maintains a proper balance between development and the natural environment by redeveloping two sites which have been fully developed for decades and in an urbanized setting; 2) The project maintains and improves the quality of, and relationship between, development and the surrounding area to contribute to the attractiveness of the city, preserves balance and harmony within neighborhoods, promotes design excellence and minimizes impacts on adjacent residences, and is designed to be compatible with the existing neighborhood by locating a high-density residential development in an area with existing high-density development as shown on Exhibits 1 a, lb and 1 c to CC Resolution 12018, by providing landscaped setbacks along Lincoln and Mission Avenues which equal or exceed those of other high-density residential projects in the vicinity as shown on Exhibits 3a and 3b to CC Resolution 12018, by replacing dilapidated existing structures, by incorporating varied roof heights and building stepbacks to reduce the appearance of building mass as shown on Exhibits 2a and 2b to CC Resolution 12018, by incorporating a Mission design style of which there are numerous examples in the surrounding area, and by incorporating substantial detailing to provide quality architecture; and 3) The project, by incorporation of building stepbacks would preserve views of San Rafael Hill from surrounding streets and sidewalks as documented in the Final EIR. C. The project design is consistent with the San Rafael Design Guidelines (November, 2004) in that the building design incorporates extensive fagade articulation, varied setbacks (see Exhibit 3a to CC Resolution 12018), and building stepbacks to help transition the building into the existing neighborhood and minimize apparent height differences (see Exhibits 2a and 2b to CC Resolution 12018); roof equipment is screened and roof vents are minimized; the building entry is highlighted with an entry feature, corner plaza and tower element; window proportions and placement were analyzed by the Design Review Board and found appropriate; garage entries are limited and parking is not visible in the subterranean garage; the garage layout was found to be appropriate by the City Traffic Engineer; the street yards are well landscaped with building setbacks that exceed the minimum requirements and will enhance the quality of the site compared with the existing site character; lighting will be minimal and shielded; long wall lengths are minimized by frequent building articulation and varied setbacks and rooflines; retaining walls are landscaped; street trees will be provided; -9- and the building is oriented towards the street with ground floor units and a prominent entry plaza and entry feature at the focal corner of Mission and Lincoln Avenues. D. The project design, as conditioned, minimizes environmental impacts as documented in the Final EIR, which determined that significant environmental impacts either did not exist or could be minimized through conditions of approval to a level of insignificance, with the exception of the loss of historic structures. E. The project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity as documented in Use Permit Finding C.2 above. Findings (TS15-004) Vesting Tentative Condominium Map A. There have been no changes in circumstances associated with the site, including environmental or site constraints, and no health or safety issues that would warrant any revised conditions or project modifications or otherwise alter the findings upon which the original approval was based, as discussed in Use Permit Findings A and B above. B. As proposed and conditioned, the time extension for Vesting Tentative Map, along with the accompanying improvements would remain compliant with the applicable requirements of the San Rafael Subdivision Ordinance (Title 15 of the San Rafael Municipal Code), including minimum lot size, and the provisions of the State Subdivision Map Act, and the map and improvements would satisfy the required findings cited below. C. As proposed and conditioned, the subdivision, together with its design and improvements remains consistent with the applicable objectives, goals and policies of the San Rafael General Plan 2020 as documented in Use Permit Finding C.1 above. D. The subject property remains physically suitable for the type, density and intensity of development and is not likely to cause substantial environmental damage or cause serious health problems in that a Final EIR has been prepared and adopted by the City Council which contains information supporting the suitability of the site for the proposed development with the exception of the proposed demolition of structures found to be historic resources, adequate services, infrastructure and utility systems are available to serve the proposed development, adequate provisions are included for required parking, landscape improvements and recreational facilities for residents, and the project design was reviewed by local agencies and the Design Review Board and the Planning Commission and recommended for approval, as discussed in Use Permit finding C.2 above. E. As proposed and conditioned, the proposed subdivision would not conflict with any existing or required easements. 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: -10- Conditions of Approval (TS15-004) Vesting Tentative Condominium Map Time Extension 1. This first time extension for Vesting Tentative Map TS15-004 shall be valid for a period of one (1) year .as provided by San Rafael Municipal Code Title 15, until August 7, 2016, during which time the applicant shall implement the project by filing for and recording the final map, or apply for an additional extension of time. 2. This approval TS15-004 shall run concurrently with related zoning entitlements UP15-023 and ED15-054, and all conditions of the related zoning entitlements shall be incorporated by reference. 3. All conditions of original approval TS05-001 and the related zoning entitlements that remain valid and not completed shall be incorporated herein by reference. The Community Development Director shall determine the extent that any condition which has been removed, omitted or modified by this extension request may remain applicable to implement the project entitlements. Mitigation Measures 4. The following project Mitigation Measures are required and incorporated into the project ED15- 054, TS 15-004 and UP15-023: a. The following controls shall be implemented during demolition: Water during demolition of structures and break-up of pavement to control dust generation; • Cover all trucks hauling demolition debris from the site; and • Use dust -proof chutes to load debris into trucks whenever feasible. b. The following controls shall be implemented at all construction sites: • Water all active construction areas at least twice daily and more often during windy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic stabilizers to control dust; • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard; • Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites; • Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at construction sites; water sweepers shall vacuum up excess water to avoid runoff -related impacts to water quality; • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; • Apply non-toxic soil stabilizers to inactive construction areas; • Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.); -11- Limit traffic speeds on unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; • Replant vegetation in disturbed areas as quickly as possible. • Install base rock at entryways for all exiting trucks, and wash off the tires or tracks of all trucks and equipment in designated areas before leaving the site; and • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mph. c. Forced -air mechanical ventilation systems shall be included in the design so that a habitable indoor environment can be maintained if windows must be closed to meet the indoor standard be provided for units 1-8, 13-22 and 27-36. d. The project applicant shall obtain a permit, if needed, to exceed the City's maximum allowable construction noise level of 90 dBA. The on-site complaint and enforcement manager shall have and be trained in the use of a sound meter and shall monitor construction noise to assure that levels do not exceed 90 dBA in the method prescribed by the San Rafael Noise Ordinance. e. All construction and grading activities shall conform to the hours listed in section 8.13.050 part A of the City's Noise Ordinance, with the exception of work not being allowed on Saturdays. Therefore, all noise generating construction activities shall be limited to between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday. Construction shall not occur on Saturdays, Sundays or holidays. f. To reduce daytime noise impacts due to construction, to the maximum feasible extent, the City shall require the applicant to develop a site-specific noise reduction program, subject to City review and approval, which includes the following measures: • Signs shall be posted describing the permitted hours of construction in a conspicuous location near the property entrance legible from the edge of the roadway. The exact wording of the sign is prescribed by the City's Noise Ordinance. • An on-site complaint and enforcement manager shall be designated to respond to and track complaints. • A pre -construction meeting shall be held with the job inspectors and the general contractor/on-site project manager to confirm that noise mitigation and practices are completed prior to the issuance of a building permit (including construction hours, neighborhood notification, posted signs, etc.). • Equipment and trucks used for project construction shall utilize the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds, wherever feasible). • Impact tools (e.g., jack hammers, pavement breakers, and rock drills) used for project construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed -air exhaust from pneumatically powered tools. However, where use of pneumatic tools is unavoidable, an exhaust muffler on the - 1.2 - compressed -air exhaust shall be used. Quieter procedures shall be used, such as drills rather than impact equipment, whenever feasible. • Stationary noise sources shall be located as far from the adjacent residences as possible, and they shall be muffled and enclosed within temporary sheds, or insulation barriers or other measures shall be incorporated to the extent feasible. g. The buildings at 1203 Lincoln Avenue shall be documented to Historic American Buildings Survey (HABS) Level 3 standards, according to the Outline Format described in the Historic American Buildings Survey Guidelines for Preparing Written Historical Descriptive Data. Photographic documentation shall follow the Photographic Specifications — Historic American Building Survey, including 15 to 20 archival quality large -format photographs of the exterior and interior of the building and its architectural elements. Construction techniques and architectural details shall be documented, especially noting the measurements of structural members, hardware, and other features that tie the architectural elements to a specific date. A copy of the documentation, with original photo negatives and prints, shall be placed in a historical archive or history collection accessible to the general public. Additionally, the developer shall fund an exhibit of the historical survey at the Marin Historical Society, the Anne T. Kent California Room at the Marin County Library Civic Center Branch. Five copies of the documentation with archival photographs shall be produced for distribution to local and regional repositories. One copy shall be provided to the Northwest Information Center of the California Historical Resources Information System, Sonoma State University, Rohnert Park, California. h. The home at 1211 Lincoln Avenue shall be documented to Historic American Buildings Survey (HABS) Level 3 standards, according to the Outline Format described in the Historic American Buildings Survey Guidelines for Preparing Written Historical Descriptive Data. Photographic documentation shall follow the Photographic Specifications — Historic American Building Survey, including 15-20 archival quality large -format photographs of the exterior and interior of the building and its architectural elements. Construction techniques and architectural details shall be documented, especially noting the measurements of structural members, hardware, and other features that tie the architectural elements to a specific date. A copy of the documentation, with original photo negatives and prints, shall be placed in a historical archive or history collection accessible to the general public. i. If prehistoric or historical archaeological materials are encountered during project construction, all work within 25 feet of the discovery shall be redirected and a qualified archaeologist contacted to evaluate the finds and make recommendations. Disturbance to resource should be avoided to minimize adverse effects. If such deposits cannot be avoided, they shall be evaluated for their eligibility for listing on the California Register (i.e., it shall be determined whether they qualify as historical or unique archaeological resources under CEQA). If the deposits are not eligible, further avoidance is not necessary. If the deposits are eligible, and avoidance is not feasible, the adverse effects shall be mitigated. Upon completion of an archaeological assessment, a report shall be prepared documenting the methods, results and recommendations. Findings of the report -13- shall be submitted to TWM Architects and Planners, the City of San Rafael and the Northwest Information Center (KWIC). j. Should human remains be encountered by project activities, work within 25 feet of the discovery shall be redirected and the County Coroner notified immediately. If the County Coroner determines the human remains are of Native American origin, the Coroner shall notify the Native American Heritage Commission (NAHC) within 24 hours of this identification, and a qualified archaeologist shall be contacted to evaluate the situation. The NAHC shall identify the person or persons it believes to be the most likely descended (MLD) to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. Upon completion of such analysis and/or recovery, the archaeologist shall prepare a report documenting the methods and results of the investigation and provide recommendations for the treatment of the human remains and any associated cultural materials, as appropriate and in coordination with the recommendations for the proper treatment of the remains and associated grave goods. This report shall be submitted to the City, the project applicant, and the NWIC. k. If paleontological resources are encountered during project activities, all work within 25 feet of the discovery shall be redirected until a qualified paleontologist has evaluated the discoveries, prepared a fossil locality form documenting the discovery, and made recommendations regarding the treatment of the resources. If the paleontological resources are found to be significant, adverse effects to such resources shall be avoided by project activities. If project activities cannot avoid the resources, adverse effects shall be mitigated. At a minimum, mitigation shall include data recovery and analysis, preparation of a data recovery report or other reports as appropriate, and donating the fossil material recovered to a paleontological repository, such as the University of California Museum of Paleontology (UCMP). Mitigation may also include monitoring of project -related ground -disturbance. Upon completion of project activities, a report that documents the methods and findings of the mitigation shall be prepared and copies shall be submitted to the appropriate city agencies, and to the repository to which fossils were accessioned. 1. Specific lighting proposals shall be reviewed and approved by the City prior to installation. All exterior lighting shall be shielded down. Following issuance of a certificate of occupancy, all exterior lighting shall be subject to a 30 -day lighting level review by Planning Division staff to minimize lighting and glare off-site and ensure compatibility with the surrounding area. Public Works Department 5. All improvement plans must be on paper size 24"X36". 6. The site plan shall include grading and drainage plans, contours and existing conditions 30 feet beyond the project boundaries. 7. Delineate and, describe all existing easements mentioned in the preliminary title report. 8. No structures are permitted over any dedicated public utility, storm and sanitary sewer easements. -14- 9. Submit improvement plans for frontage improvements to include the following: • Replace all curb and gutter and sidewalk fronting Mission and Lincoln Avenue. Remove all driveways not in use. • Sidewalk on Mission Avenue shall be at least 6' from behind back of curb and a clear 4' minimum sidewalk around any obstruction such as utility pole, fire hydrant, etc. • Sidewalk on Lincoln Avenue shall consist of a 4' planter behind curb with a minimum 6' wide sidewalk. • All improvements must be in compliance with the most recent editions of Title 2 of the American Disability Act and Title 24 of the California Code Regulations, Edifi ,., 2001. Relocation of existing street facilities may be required. • Extend existing storm drain on Lincoln Avenue by installing a new storm drain from the existing catch basin near Mission Avenue to the north side of the proposed driveway on Lincoln Avenue. • Replacement of existing corrugated metal pipes from catch basins at the northwest corner of Mission and Lincoln to the manhole in the middle of the intersection may be required. • Replacement of existing catch basins on and near Mission Avenue may be required. • Check invert grade of existing catch basins on Lincoln and Mission Avenues with garage grade. Design storm drainage system to prevent flooding inside the garage during any storm drain flow condition in existing City storm drainage system. • Design drainage system to ensure no public water from the City storm drain enters private property or private storm drainage system. This preventive facility (if any) shall be maintained by the Homeowner Association and shall be addressed in the Conditions Conveyances and Restrictions (CC&Rs). • All utilities must be underground from existing utility pole in streets adjacent to the development. 10. An encroachment permit is required for improvement works in the public right of way. 11. Show on plan and final map all existing and new easements within the subdivision. 12. Submit final map and required fees, in accordance and conformance with the Subdivision Map Act and San Rafael Subdivision Ordinance, for review and approval by the City Engineer and City Council. Plans and Agreement and Securities 13. Project CC&Rs shall be reviewed and approved by the City Attorney's office prior to submittal of final map. 14. A Subdivision Agreement will be entered into with the City, prior to acceptance of final map. 15. Submit Engineer estimate for site and frontage improvements for bond purpose. Estimate to be approved by City Engineer. -15- 16. The required bonds or other approved security will be furnished to the City in accordance with the Subdivision Agreement to ensure completion of improvements for both public and common area. 17. Prior to acceptance of final map, plan checking and inspection fee shall be paid based on approved engineer estimate for both the public and common areas in accordance with the City's master fee schedule. 18. Submit improvement and grading plans, conforming to the approved tentative improvement plans, conditions of approval, design review, Mitigated Negative Declaration, geotechnical report and response, etc. 19. A geotechnical report must be submitted with the final map application and is subject to review and approval by Geotechnical Review Board. The applicant shall make a deposit with the City Engineer to cover the cost to make this review. 20. Submit as -built improvement plans on 24"X36" mylar with final soil report and certifications upon completion of the subdivision agreement. Storm Drainage 21. The improvement plans shall show existing and proposed drainage facilities. The proposed drainage facilities shall meet current MCSTOPP requirements in compliance with the State Water Resources Control Board. 22. Do not block existing drainage from adjacent properties. Re-route drainage as required. 23. A hydrology and hydraulics analysis on the project site, based on 25 years storm frequency shall be submitted as part of the final map application. 24. All downspouts shall be directed to landscaping area for treatment before discharge into City storm drainage system. 25. Refuse area must be covered, bermed and plumbed into the sanitary sewer. Sanitary Sewers Please note the conditions on sanitary sewers are to be administered by the San Rafael Sanitation District 26. The improvement drawing shall show the location of existing and proposed sanitary sewers facilities. 27. All sewers shall be PVC, type C900, designed with flexible, water -tight joints to accommodate predicted settlement. 28. The sanitary sewer shall be designed, installed and tested in accordance with the San Rafael Sanitation District specifications and drawing. Streets and Traffic -16- 29. Street and traffic design shall conform to the Cities and County of Marin standard specifications and uniform construction standards, unless otherwise noted or approved by appropriate departments of the City of San Rafael. 30. The improvement plans shall show vertical and horizontal alignments of roadway. 31. Typical street sections shall be as shown as per approved tentative map and plans. 32. The onsite traffic circulation and parking plan shall be subjected to the approval of the Traffic Engineer and by the Fire Marshal. 33. The parking and on site pavement shall be designed to a traffic index of 5 or a traffic index determined by the Traffic Engineer. It shall be designed by the soil engineer/civil engineer and will be submitted to the Traffic Engineer for approval. 34. " . Full width repaving is required for moratorium streets. Repaving shall be at least from curb to curb and 10' from either side of the subsurface disturbance, as determined by Public Works. Moratorium streets are determined based on the condition of the roadway and are subject to change. Please note that Mission Ave. and the portion of Lincoln Ave. south of Mission Ave are currently moratorium streets. 35. Show signs, striping, legends and other traffic control devices. 36. Wheel chair ramp, sidewalk and footpath shall be in compliance with the most current editions of Title 2 of the American Disability Act and Title 24 of the California Code Regulations. Improvement plans shall provide details and sufficient elevations to ensure feasibility of the design. 37. Provide a detail plan (Scale 1/4" to a foot) with grades and elevations for the ADA ramp in the corner of Lincoln Avenue and Mission Avenue. Show ramp design in conjunction with the proposed corner landscaping improvements. T Tti 1 iti Pr 38. The improvement plans shall show all proposed and existing utilities, including locations of fire hydrant, street light, utility boxes and services, etc. 39. All utilities shall be underground. 40. The improvements plans shall be reviewed and signed by each of the respective utility companies. 41. Prior to recordation of the final map, written verification shall be submitted from each of the respective utility companies indicating that they have reviewed the utility plan and the soil report. 42. Fire hydrants shall be installed in public utility easements (P.U.E.) as required by the Fire Department. Community Development Department, Planning Division -17- 43. Prior to the recordation of the final map, the developer shall pay to the City in lieu parkland dedication fees in the amount of $21,647.73 in accordance with the provisions of City Ordinance 1558. The fee is based upon the increase in number of units of the proposed project vs. the existing units. 44. Prior to recordation of a final map, the Conditions, Conveyances, and Restrictions (CC&R's) shall be reviewed and approved by the City Attorney's Office. The CC&R's shall include a condition not allowing storage on exterior decks, patios, or balconies. 45. Prior to approval of the final map, the applicant shall enter into a below market rate (BMR) agreement approved by the City Council. Consistent with the General Plan 2020 Policy, the BMR units shall be constructed on site and shall consist of the following units and affordability requirements: six (6) below market rate units composed of four (4) units affordable to low-income households and two (2) units affordable to moderate -income households. 46. Prior to issuance of a building permit, the final map shall be recorded. 47. Development impact and processing fees are required. See the Development Impact Fee schedule for estimates of costs for construction permits. Additional impact fees are required as noted in the conditions of approval above. The applicant is reminded of the following fees that will be due before project implementation (this is not a comprehensive list): • Unpaid Planning entitlement fees: $5,328.67 • Unpaid EIR fees: $27,995.65 • Building permit fees: TBD • Final Map application submittal: $1,800.00 • Parkland Dedication Fee: $21,647.73 • Traffic Mitigation for 6 net new peak trips: $25,476 • Sewer Connection for 11 net new units: $17,545 • School Fees, contact San Rafael City Schools at (415) 492-3200: TBD • Water Connection Fee, Contact MMWD at (415) 945-1455: TBD Conditions of Approval (ED15-054) Environmental and Design Review Community Development Department, Planning Division 1. This Environmental and Design Review Permit (ED15-054) extension shall be valid for one (1) year, until August 7, 2016, unless the Vesting Tentative Map TS15-004 has been filed and pursued to recordation and/or a building permit has been issued and remains valid, or a further time extension is requested prior to the expiration date and subsequently granted. 2. All conditions of related Use Permit UP15-023 and TS15-004 are incorporated herein by reference. -18- 3. The building techniques, materials, elevations and appearance of the project, as presented for approval on plans prepared by TWM, Architects, dated June 21, 2005 and including the Mission Avenue Entry Option dated December 15, 2005, shall be the same as required for issuance of a building permit. Note that details shall be as indicated on plans and reflected in the photo -simulations contained in the original project .file. 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. 4. Prior to the issuance of a building permit the applicant shall submit written verification from Marin Sanitary Service (MSS) indicating that the project's trash service meets MSS requirements. 5. Prior to issuance of a building permit, the applicant shall submit written verification from the Marin Municipal Water District indicating that the District's requirements have been met. 6. 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. 7. Prior to the issuance of a building permit, the roof venting, lighting, service vehicle parking, and plaza plan shall be reviewed and approved by the Design Review Board. 8. 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 landscaping/irrigation 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. 9. 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. 10. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. 11. Prior to final inspection, the applicant shall submit a building height survey from a licensed land surveyor indicating that the building has been built less than the 48 -foot height limit as defined by the California Building Code. The applicant shall take appropriate measures during the construction process to insure building height compliance. 12. Prior to final inspection, the applicant shall submit an acoustical report to the Planning Division indicating that the internal noise levels of the residential units are consistent with the City noise standards. 13. Prior to final inspection, 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. 14. Plans submitted for a building permit shall include a plan sheet, which incorporates these conditions of approval. -19- Fire Department 15. The design and construction of all site alterations shall comply with the 2013 California Fire Code and City of San Rafael Ordinances and Amendments. 16. Based on Uniform Building or Fire Code requirements, a regular sprinkler and standpipe system shall be installed throughout the building. 17. 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. 18. A Fire Department approved Knox Keyway System is required to be installed conforming to Fire Prevention Standard 202. 19. Deferred submittals shall be submitted for the following systems: • Automatic fire sprinkler system (C-16 to submit plans) • Standpipe system • Fire alarm system. Private fire service main 20. Show the location of address numbers on the building elevation. Each building must have address identification placed in a position that is plainly legible and visible from the street or road -fronting the property. Refer to the attached Fire Prevention Bureau Premises Identification Standard 09-1001, Table 1. 21. Contact the Marin Municipal Water District (MMWD) to make arrangements for the water supply serving the fire protection system 22. As the building is over 30 feet in height, an aerial fire apparatus access roadway is required parallel to one entire side of the building. The Aerial apparatus access roadway shall be located within a minimum 15 feet and a maximum of 30 feet from the building. Public Works Department 23. Prior to issuance of a building permit, a traffic mitigation fee of $25,476.00 (adjusted annually on the Lee Saylor Construction Cost Index) shall be paid to the Building Division. The fee is based upon the 6 -peak hour trips generated by the project. 24. Grading plan shall show all proposed and existing contours. 25. Final grading, drainage and foundation plan shall be prepared in accordance with the recommendation of the geotechnical report and review. 26. No mass grading is to be done between from October 15 through April 15 without the approval of the City Engineer. -20- 27. The Storm Water Pollution and Prevention Plan (SWPP) shall meet current MCSTOPP requirements in compliance with the State Water Resources Control Board and shall be reviewed and approved by the Department of Public Works prior to issuance of a grading permit. 28. An erosion control plan, in compliance with the Best Management Practice, must be implemented, prior to October 15 and shall be maintained to at least through April 15. Contractor shall be responsible for any silt and/or debris deposition in the existing downstream drainage facilities. Contractor shall be required to clean all debris in the downstream facilities if so directed by the Department of Public Works Department. 29. All earth and foundation work shall be performed under the direction of the project soil engineer in accordance with the soil report and supplements for the project site. A final soil report, including certification shall be submitted, prior to the construction of the foundation. 30. All construction staging must be on project site. 31. No lane closure on Lincoln Avenue and on Mission Avenue is permitted without an approved traffic control plan. 32. Prior to issuance of Building Permit, the applicant shall submit a comprehensive staging and traffic control plan for review and approval. The plan shall include agreements to pay for any City's staff's, including police department's overtime incurred for traffic control during the duration of the project construction. 33. No sidewalk closure on Lincoln Avenue and on Mission Avenue shall be allowed without an approved sidewalk closure plan. 34. Provide calculation for sewer flow and check sufficiency of existing sewer main on Lincoln Avenue/Mission Avenue. Note: this condition is administered by the San Rafael Sanitation District. 35. Prior to the issuance of a building permit, televise existing storm and sanitary sewer facilities fronting development and agree to repair/replace facilities as required by the City or SRSD. See item 20 (f) and 20 (g) above, present findings of condition of storm drain pipelines to the Public Works Department and sanitary sewer lines to SRSD. 36. Prior to the issuance of a building permit, the driveway designs from Lincoln and Mission Avenues shall be reviewed and approved by the City's Traffic Engineer, San Rafael Sanitation District 37. Prior to issuance of a building permit, a sewer connection fee of $17,545.00 shall be paid to the Building Division. The fee is based upon the difference in the existing 25 units versus the proposed 36 units. (36-25 = 11) (11 X $1,595.00 = $17,545.00). 38. The project shall be responsible for installation of new sewer laterals. 39. Include the existing sewer lateral on Sheet C2 "Existing Conditions," when application is submitted for Construction Permit. Building Division -21- 40. The design and construction of all site alterations shall comply with all applicable codes and regulations in effect at the time of plan submittal and building permit issuance. (e.g., 2001 California Building Code, 2001 Plumbing Code, 2001 Electrical Code, and 2001 California Mechanical Code as amended, updated and superseded). 41. A building permit is required for the proposed work. Applications shall be accompanied by four (4) complete sets of construction drawings to include: a) Architectural plans b) Structural plans c) Electrical plans d) Plumbing plans e) Mechanical plans f) Fire sprinkler plans g) Landscape/irrigation plans h) Site/civil plans i) Structural Calculations j) Truss Calculations k) Soils reports 1) Title -24 energy documentation 42. The occupancy classification, construction type and square footage of each building shall be specified on the plans in addition to justification calculations for the allowable area of each building. 43. The building shall have address numbers posted in a conspicuous place, clearly visible from the street. Numbers should be minimum 4" in height, contrasting in color to their background, and either internally or externally illuminated. 44. Fire sprinklers will be required throughout the building. Separate application by a C-16 contractor is required. 45. School fees will be required for the project. School fees for residential construction at time of original approval were computed at $2.05 per square foot of new living area, Commercial space is computed at $0.33 per square foot of new building area, and have since been increased. Calculations are done by the San Rafael City Schools, and those fees are paid directly to them prior to issuance of the building permit. 46. With regard to any grading or site remediation, soils export, import and placement; provide a detailed soils report prepared by a qualified engineer to address these procedures. In particular the report should address the import and placement and compaction of soils at future building pad locations and should be based on an assumed foundation design. This information should be provided to Building and Engineering Division for review and comments prior to any such activities taking place. 47.. A grading permit may be required for the above-mentioned work. 48. Prior to building permit issuance for the construction of each building, geotechnical and civil pad certifications are to be submitted. 49. The site development of such items as common sidewalks, parking areas, stairs, ramps, common facilities, etc. are subject to compliance with the accessibility standards contained in -22- Title -24, California Code of Regulations. The civil, grading and landscape plans shall address these requirements to the extent possible. 50. All areas within the site must be accessible for persons with disabilities. All newly constructed buildings on a site shall have, but are not limited to, the following accessible features: a. Path of travel from public transportation point of arrival b. Routes of travel between buildings c. Accessible parking d. Ramps e. Primary entrances f. Sanitary facilities (restrooms) g. Drinking fountains & Public telephones (when provided) h. Accessible features per specific occupancy requirements 51. Pedestrian access provisions should provide a minimum 48" wide unobstructed paved surface to and along all accessible routes. Items such as signs, meter pedestals, light standards, trash receptacles, etc., shall not encroach on this 4' minimum width. Also, note that sidewalk slopes and side slopes shall not exceed published minimums per California Title 24, Part 2. 52. All dwelling units within a building with elevator access to all floors shall have some level of disabled accessibility or adaptability. 53. Minimum elevator car size (interior dimension) is 68" wide and 51" deep, with a clear door width of 36". 54. Maximum travel distance from any point within the building to an exit shall be 250' unless rated corridors are used. 55. At least one disabled parking space must be van accessible; 9 feet wide parking space and 8 feet wide off- load area. Police Department 56. 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 24 inches 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. 57. Exposed roof vents and ducts shall be grated or constructed of an impact -resistant material to the satisfaction of the Police Department. 58. Perimeter walls, fences, trash storage areas, etc., shall be built to limit if not in fact prevent access to the roof or balconies. 59. 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 -sixteenths inches (9/16") thick. -23- 60. Metal -framed glass doors shall be set in metal door jambs and have a dead -bolt lock with a cylinder guard and a hardened steel throw that is a minimum of one inch (1 ") long. 61. Exterior jambs for doors shall be so constructed or protected 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. 62. Exterior doors that swing outward shall have non -removable hinge pins. 63. In -swinging exterior doors shall have rabbeted jambs. 64. 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. 65. 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 inch (1/8") in thickness. The lock shall have a hardened steel throw of one-half inch (1/2") minimum length. Any window in or within 40 inches of an exterior door shall be stationary and non -removable. 66. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture. 67. Any alternative materials or methods of construction shall be reviewed with the Crime Prevention Officer before installation. 68. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to occupancy. 69. Permanently fixed ladders leading to roof areas shall be fully enclosed with sheet metal to a height of ten (10) feet. This covering shall be locked against the ladder with 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. 70. Signs shall be posted and driveways/curbs/parking areas shall be painted red which have emergency access lanes. 71. 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. 72. All exterior lighting shall be vandal -resistant. 73. All exterior lighting shall be on a master photoelectric cell set to operate during hours of darkness. 74. A minimum of one -foot candle at ground level overlap shall be provided in all exterior doorways, walkways, and vehicle parking areas. 75. An illuminated diagram (scaled schematic drawing of the floor plan) shall be positioned at each entrance of the condominium building. The illuminated diagram shall indicate the location of the viewer and each individual unit within the condominium building. Conditions of Approval (UP15-023) -24- Conditional Use Permit Community Development Department, Planning Division 1. This extension of the 36 -unit condominium project is granted for one (1) year, until August 7, 2016, during which time the applicant shall pursue project implementation. Additional extensions of time may be granted as deemed necessary and appropriate, to run concurrently with the extensions of time allowed by law for the related Vesting Tentative Map TS 15-004 entitlement. 2. This time extension shall apply to the project as approved under City Council Resolution 12018, which shall be based on the fees, policies and ordinances in effect at the time the original application was deemed completed, as updated herein in compliance with the provisions and limitations of the Subdivision Ordinance and State Subdivision Map Act. 3. This Use Permit extension grants a height bonus to exceed 36 feet pursuant to General Plan Policy LU -15 (Height Bonuses) and is subject to all conditions outlined for Environmental and Design Review Permit extension ED15-054 and Vesting Tentative Map extension TS15-004. 4. The owner(s) of the property shall be responsible for weed abatement, trash, litter and graffiti control on the property. 5. Permanent security fencing may be required to be installed and be maintained around the project until such time as a building permit is issued, as deemed necessary to secure the site from illegal dumping, parking and any other nuisance related issues. If required, fencing shall be installed within 90 days of written notice by the Community Development Department, and shall be maintained in good repair and condition, and shall not create a hazard to pedestrians. Fencing should be setback 1 to 2 feet from the back of sidewalk with mulch or groundcover and debris catchments installed to control runoff and weeds. Fencing type shall be reviewed and approved by the Community Development Department. A dark colored open fencing should be used. 6. Historic American Buildings Survey HABS documentation shall be included in escrow transactions to transfer the property. Copies shall be provided to the City in a timely fashion. 7. All conditions of approval for original approvals Design Review Permit (ED04-102) and Use Permit (UP05-032) for the subject 36 -unit condominium project are affirmed and incorporated herein. -25- The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the 13th day of October, 2015. Moved by Commissioner AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS and seconded by Commissioner SAN RAFAEL PLANNING COMMISSION ATTEST: Paul A Jensen, Secretary ATTACHMENT: -26- M. Barrett Schaeffer, Chair Exhibit 3 RESOLUTION NO. 12016 RESOLUTION OFTHE SAN RAPAELCITY COUNCIL CERTIFYING AFINAL ENVIRONMENTAL IMPACT REPORT FOR mnew 36'UN|TRESIDENTIAL CONDOMINIUM BUILDING AT12O3AND 1211LINCOLN AVENUE (CORNER OFLINCOLN AVENUE AND MISSION AVENUE) (ApNm:O?1484-VDAND D9) The City Council ofthe City ofSan Rafael finds and determines that: WHEREAS, on May 81. 2005. a revised Environmental and Design Review Permit application and Vesting Tentative Condominium Map application were received by the Community Development Department requesting approval of construction of a 36 -unit residential condominium building at 1203'1211 Lincoln Avenue with associated perking and landscaping improvements, and WHEREAS, onJune OB 2005 aUoe Permit application for a height bonus was received by the Community Development Department and onJuly @. 2005. the Environmental and Design Review Permit' Vesting Tentative Map and Use Permit applications were deemed complete for processing; and WHEREAS, consistent with the requirements the California Environmental {]um|ih/ Act (CEOA), an in|Ue| Study/Mitigated Negative Declaration was prepared analyzing potential environmental impacts of the project and identified potentially significant impacts on Ai, Qua/i¢, Cultural Resources, and Noise, The Mitigated Negative Declaration determined that project impacts could be mitigated to less -than -significant }ov$|u through implementation of recommended mitigation measures or through compliance with recommended conditions of project approval; and #VHEREAS, copies of the yN|Uoatud Negative Declaration were made available for a 20- dey review period by pertinent a0onoiom and interested members of the pub|iu, commencing on July G.2ODS;and WHEREAS. on July 26. 2005. the Planning Commionio � hek�a duly -noticed public hearing onU�'proposed project and the Mitigated Negative Declaration, a=eptingaUony| and written public testimony and the written report of the Department of Community Dewa|opmont, and on a 3-2-2 vote adopted a resolution adopting the Mitigated Negative Declaration; and WHEREAS. on August 2. 2005. the Planning Commission approval was appea|ed, m||mginQ, among other issues, that adopted mitigation measures associated with the demolition of existing historic structures were insufficient, necessitating the preparation of an environmental impact report; and WHEREAS, onOctober 17. 2005. the City Council held aduly noticed public hearing on the appeal of the proposed project and the Mitigated Negative Dmc|anot\on, accepting all oral and written | ub|ictesti[nonyand the written report ofthe Department of Community Development; and granted the appeal, requiring the preparation uf0nenvironmental impact report; and WHEREAS, the City prepared a Draft Environmental Impact Report(OBR). dated May' 2006 (State Clearinghouse #2006012055), which was released for a 45 -day public reviewpehod from May 17, 2006 to June 30, 2008 and included a public hearing with the City Council held on June 5.2OO8;and WHEREAS, the City has evaluated the comments received bvpersons who reviewed the DEIR and has prepared responses to comments received during the 45 -day public review period; and Exhibit 3—CC Reso22O2b PCMeeting October 13,2015 WHEREAS, said comments received on the EIR and a list of those commenting on the DEIR have been attached to and made a part of the Final Environmental Impact Report (FEIR) (Response to Comments Document, July 2006) for said project as required by Section 15132 of the CEQA Guidelines. In addition, a Mitigation Monitoring and Reporting Program has been prepared to outline the procedures for implementing all mitigation measures in the FEIR; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department; and WHEREAS, the City desires and intends to use the FEIR prepared for the 1203-1211 Lincoln Avenue project -and the General Plan 2020 EIR pursuant to Public Resources Code Section 21083.3, as the environmental documentation required by CEQA for the discretionary actions required for this project by the City; NOW, THEREFORE, RE IT RESOLVED, that the City Council of the City of San Rafael does hereby certify the FEIR based on the findings that: 1. The Final Environmental Impact Report (FEIR), which consists of the Draft Environmental Impact Report dated May 2006, and the 'Response to Comments Document dated July 2006 has been prepared in accordance with CEQA, including Public Resources Code Section 21083.3, and the provisions of the City of San Rafael Environmental Assessment Procedures Manual. 2. The City Council has exercised its independent judgment in evaluating the FEIR and has considered the comments received during the public review period on the DEIR. 3. A Mitigation Monitoring and Reporting Program has been prepared to ensure implementation of and compliance with all measures required to mitigate all but two significant impacts to less -than -significant levels. 4. Changes or alterations have been required in, or incorporated into, _ lie project which mitigate or avoid the significant effects on the environment -46. mitigation measures recommended by the Final EIR and included in the Mit "ii Monitoring and Reporting Program have been incorporated as conditions of project approval and are within the responsibility and jurisdiction of the City of San Rafael to assure implementation, as follows: a. Impact AIR -1: Demolition and construction period activities could generate significant dust, exhaust and organic emissions. (DEIR, p, 82) Finding: The Mitigation Measures listed as Mitigation Measure AIR -1 (DEIR, p. 83) have been incorporated into conditions of project approval (Conditions 1 and 2) which would reduce the impact to a level of insignificance and are within the responsibility of the City to enforce. b. Impact NOISE -1: Local traffic would generate long-term noise levels exceeding Normally Acceptable noise levels on the project site. (DEIR, p. 92� Finding: The Mitigation Measure listed as Mitigation Measure NOISE -1 (DEIR, p. 92) has been incorporated into conditions of project approval (Condition 3) which would reduce the impact to a level of insignificance and is within the responsibility of the City to enforce. c. Impact NOISE -2: Noise levels from construction activities could range up to 99 dBA Lm. at the nearest residences to the project site for a limited time period. (DEIR, p. 93) Finding: The Mitigation Measures listed as Mitigation Measure NOISE -2 (DEIR, p. 93) have been incorporated into conditions of project approval (Conditions 4-6). which would reduce the impact to a level of insignificance and is within the responsibility of the City to enforce. d. Impact CULT -3: Ground -disturbing activities associated with site preparation and the construction of the subterranean parking garage, building foundations and underground utilities could adversely affect unique archaeological cultural resources. (DEIR, p. 106) Finding: The Mitigation Measure listed as Mitigation Measure CULT -3 (DEIR, p. 107) has been incorporated into conditions of project approval (Condition 10) which would reduce the impact to a level of insignificance and is within the responsibility of the City to enforce. e. Impact CULT -4: Ground -disturbing activities associated with site preparation and the construction of the subterranean parking garage, building foundations and underground utilities could disturb human remains, including those interred outside of formal cemeteries. (DEIR, p. 107) Finding: The Mitigation Measure listed as Mitigation Measure CULT -4 (DEIR, p. 107) has been incorporated into conditions of project approval (Condition 11) which would reduce the impact to a level of insignificance and is within the responsibility of the City to enforce. f. Impact CULT -5: Ground -disturbing activities associated with site preparation and the construction of the subterranean parking garage, building foundations and underground utilities could adversely affect paleontological resources. (DEIR, p. 107) Finding: The Mitigation Measure listed as Mitigation Measure CULT -5 (DEIR, p. 108) has been incorporated into conditions of project approval (Condition 12) which would reduce the impact to a level of insignificance and is within the responsibility of the City to enforce. g. Impact AES -1: The proposed project could increase the amount of light and glare in San Rafael. (DEIR, p. 118) Finding: The mitigation Measure listed as Mitigation Measure AES -1 (DEIR, p. 118) has been incorporated into conditions of project approval (Condition 13) which would reduce the impact to a level of insignificance and is within the responsibility of the City to enforce. 5. The Draft EIR determined that demolition of the structures at 1203 and 1211 Lincoln Avenue would constitute significant impacts since structures on both sites were found to be eligible for listing on the California Register of Historical Places (impacts CULT - 1 and CULT -2, DEIR p. 104-106). Mitigation measures were identified, including photo documentation prior to demolition, but documentation would not reduce the level of impact to an insignificant level. Since the structure at 1211 Lincoln was found to be historic due to its architecture and not associated with its physical location, relocation of this structure to another site was also suggested as a potential mitigation measure that would reduce the impact to a level of insignificance. Although it is unlikely that a suitable alternate site could be found in San Rafael for the vicinity due to the lack of vacant, relatively flat lots, and the cost of stabilization, relocation and renovation of the dwelling would likely exceed its value for reuse, a condition of approval has been included (Condition 8) to require the property owner to offer the structure at 1211 Lincoln for relocation by placing an advertisement in the local newspaper of general circulation for a minimum of 30 days. Unless the structure is relocated, this impact would remain significant and unavoidable, 6. Specific economic considerations make infeasible the reuse and rehabilitation of the historic structures at 1203 and 1211 Lincoln Avenue (the Preserve and Renovate Alternative, DQR p. 122-123) since rehabilitation costs, excluding land value and associated financing costs, substantially exceed the potential revenues from renting the units as market -rate housing as demonstrated by the cost estimates for renovation of the dwelling units for reuse as code -complying rental housing units provided by the project applicant (Exhibit 1a — Preliminary Budget for Renovating Existing Units), the verification of the estimated rehabilitation costs by local architect Fred Divine and local contractor Rich Timmons, both of whom have extensive experience in building rehabilitation (Exhibit lb — May 3, 2006 letter from Fred Divine) and the economic analysis by Stephanie Lovette, Redevelopment Specialist with the City of San Rafael (Exhibit 1c — May 15, 2006 memo from Stephanie Lovette). 7. The No Project/No Development Alternative (DEIR, p. 121) is not feasible since retention of the apartment units at 1203 Lincoln Avenue without extensive renovations would be in violation of Section 12.42.080 of the San Rafael Municipal Code due to the presence of numerous violations of the California Building Code and the Uniform Housing Code, as last documented in June, 2002, when 215 violations were identified in 20 units at this property. 8. Mitigation measures contained in the General Plan 2020 EIR that address potentially significant offsite impacts and cumulative impacts of the project have been undertaken by the City of San Rafael or are required to be implemented as part of this project pursuant to Public Resources Code Section 21083.3, subdivision (c). Some mitigation measures contained in the General Plan 2020 EIR, however, are not applicable to the project site in that the site is greater than 500 feet from Highway 101 in terms of air quality effects on sensitive receptors, no hazardous materials exist on site requiring soil remediation, a lighting plan will be reviewed by the Design Review Board and field -reviewed by City staff after installation as conditioned, no creeks, oak woodlands or landslides are present on site, the proposed facility is not a critical facility requiring post -earthquake inspection, the site does not contain and the project does not propose a septic facility and the site is not subject to flooding due to anticipated sea level rise. I, JEANNE M. LEONCINI, 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 7"' of August, 2006, by the following vote, to wit: AYES: Councilmembers: Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: done ABSENT: Councilmembers: Cohen ABSTAIN: Councilmembers: Done ANNE M. LEO I, City Clerk . EXHIBIT la q lz� g C, C� I t 008 ol� C� d c C� 'g 0 C;� 0 C� 88 C� C� 0 Lr! 0 C� C� C� 8 C� 0 cD lo cD In 0 0 t- 'n 0 0 0 0 C> CD ID 0 0 C� ocom C� oc� C;� lz� ui C� c� Izz C� In r- 0 vq 0 In .ri fA L-0 t f) cc m -0 -a -1 -u -8 0 w 0 u u v W V U Ln OL 2 � cn cl J., C2 n OU Aen �l H H A P- 4 P� -4 rA . EXHIBIT la q lz� R C, C� R q C;) q 0 C� 88 C� C� 0 Lr! 0 C� C� C� 8 C� 0 cD lo cD In 0 0 t- 'n 0 0 0 0 o o0oggggg ocom OMERO =� ui C� c� Izz C� In r- 0 vq 0 In OL 2 � . EXHIBIT la co 0 0 N S i FEE C. DIS"INI' , ASSOCIATES May 3, 2006 Bob Brown City of San Rafael 1400 Fifth Streett)1, San Rafael, CA 94901 ,t i3 Vit• -f ;,.t'a=.. Re: 1203 Lincoln Avenue Review of- Preliminary Building Renovation Estimate Dear Bob: I am writing, as requested, regarding the above referenced project. We were asked to comment on the construction cost estimates for the renovation of the project structures. Our scope was very limited. It included a site visit to the "motel" portion and inspection of many units on April 4, a site visit and inspection of the "Victorian" building on April 28, and review of the cost breakdown provided by the project applicant and a survey of the site. I was joined on the site visit of the "motel" portion by Rich Timmons of Millenium Construction Group, an experienced contractor whose input I value. I reviewed the applicant's cost estimate in light of the site visit, my observations, some very basic area calculations, and the "ballpark" nature of the estimate. I spoke with Mr. Josehart to clarify my understanding of the estimate and with Mr. Timmons to confirm impressions and estimates. I also looked at the actual construction costs for 1103 Lincoln Avenue, a project in which we are involved a block away from the project site that is stucco and residential. That project is smaller, two story, and in much better shape but the costs are o ' some value. 1 assumed that in the use of terms "renovated" and "rehabilitated" that the level of work was to make the units livable and have the exterior character repaired to be like it was. I do not use the word "restored" as that might involve questions of original use which is not the current use. I have looked briefly at a portion of the staff report and believe this is what was intended. Interestingly, the character of this structure from the exterior is a combination of the structure with the mature landscaping which may have been original. In order to "renovate" the structure much of the landscaping should be removed as the yucca type plants have grown so large that they are causing structural damage. Without those plants an important element of the character would be gone. To change the building to protect the plants would seem foolish. The motel buildings are in very poor shape with significant roof issues, dry rot issues, code issues, and the need for complete new interiors. The applicant's estimate is in line with the costs at 1 103 Lincoln. That building was in better shape but had significant basement work included. i lowever, please note that the shape of] 103 is a simple 1924 Foal ITI sTREIT'. SAN RA AEL, CA 9,1901 (416) 457• EXHIBIT 1b SAN RAFAEL ECONOMIC DEVELOPMENT DEPARTMENT INTEROFFICE MEMORANDUM TO: MICAI I I IINKI+, FROM. STF111IAN II," SMYYI I I,ovr-,- "I1s SUBJECT: 1203 LINCOLN DATE: 5/15/2006 At your request I have evaluated the financial feasibility of rehabilitating the units on this site for market rate rentals. I do not know the cost of acquisition or the owner's current carrying costs. Since I did not have this information, the analysis assumes that the developer owns the site free and clear and has no carrying costs. I also did not include carrying costs during the construction period. Based on current units advertised in the Marin Independent Journal and the City's rent survey last conducted in 2004, l have estimated that the following monthly rents after rehabilitation: One Bedroom $1,050 Two Bedroom $1,150 House $2,300 These rents are probably a little high since most of the advertised units had pools or other amenities and were located farther off the street. The operating costs were based on a similar project at 1103 Lincoln. The property tax estimate was based on a $3,000,000 estimated value. Using these assumptions, the net income after expenses for the 24 units and the house would be approximately $16,000 per month. The net income must be offset by the cost of the rehabilitation and the permanent loan. Based on the owner's figures of $1.8 Million for rehabilitation, we have estimated the construction loan cost to be approximately $154,000 monthly or $2,772,000 for eighteen months. I have assumed a loan of $2,750,000 [or the permanent financing. The monthly cost of the permanent Iinancing would EXCEED the income by approximately $7,000 per month. Since this analysis has not assumed the owner will be reimbursed for the cost of the construction loan or the carrying costs during the construction period, and does not include land costs as noted above, the actual cost to the owner will be much higher than the estimate. Based on my experience with project financial feasibility and conversations with local real estate developers, the rehabilitation project is not financially feasible for a market- Ssl\bmr\1203 Encoln EXHIBIT" 1c i 11203 Mission 12 Mo�thl iAnnual 1 BRM 23i 1,050 ILII 24,150 289,800 2 BRM 1 1 150 1,150 13,800 ' Total 24' 25,300 303,600 Vacancy 5%i (1,265)i (15,180) lncame'. 24,035 �.. ...... , 288,420 ..._..._..._.... Replacement Reserve -per unit i ' 325 7,800 , 93,600 Operating Reserve -per unit ; ± 325 7,800 93,600 Operating cost -per unit RE Taxes on Est. AV 3,000,000 3,125 37,500 Total Expeses..... _. ,.. 90,725 1,088,700 Net Income- apartments i X66,690} (800,280) House 1 2,300 27,600 Total Income I E (64,390) (772,680)1 18 month construction loan -$1,800,000 @ i I 8% I I 153,620 i 2,765,160 j f Take Out i I I 15 yr -$1,800,000 #@ 6% Income Net Loss ; Net Income Months to pay off constructic 151,189 I 1,814,268 i } (64,390} 2,902,968 i 86,799 1,688,7001 i__j86,799)j (1,041,588) (32) ^� Exhibit RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM (8808RP)FOR A NEW 36~UNUTRES|OENT|AL CONDOMINIUM BUILDING AT 1203 AND 1211LINCOLN (CORNER OF LINCOLN AVENUE AND MISSION AVENUE) (APNm: 011-184-08AND 09) The City Council ofthe City oySan Rafael finds and determinates that WHEREAS, on May 31. 2805' e revised Environmental and Design Review Permit application and Vesting Tentative Condominium K8op application were received by the Community Development Department requesting approval of construction of a 36 -unit residential condominium building at 1203-1211 Lincoln Avenue with mauuoimtmd parking and landscaping improvements; and WHEREAS. on June 29' 2005. o Use Permit application fora height bonus was received by the Community Development Department and on July 6, 2005, the Environmental and Design Review Permit, Vesting Tentative Map and Use Permit applications were deemed complete for processing; and WHEREAS, consistent with the requirements ofthe California Environmental Quality Act (CEQA).anInitial Study/Mitigated Negative Declaration was prepared analyzing potential environmental impacts of the project andidentifiedpotentia|1yoignifinmntim ctmonA}r(]um|ity. Cultural Resources, and Noise. The Mitigated Negative Declaration determined thatpnojeot impacts could be mitigated to less -than -significant levels through implementation of recommended mitigation measures or through compliance with recommended conditions of project approval; and WMEREAS, copies of the Mitigated Negative Declaration were made available for o 20- d review period by pertinent agencies and interested members of the pub|ic, commencing on July G,2OOS;and WHEREAS, on July 26. 2005, the Planning Commission held m duly -noticed public hearing on the proposed project and the W1idgebad Negative Dac|eration, accepting all oral and written public testimony and the written report of the Department of Community Deve|opment, and on a 3-2-2 vote adopted a resolution adopting the Mitigated Negative Declaration; and WHEREAS. on August 2. 2005. the Planning Commission approval was appoo|md, alleging, among other issues, that adopted mitigation measures associated with the demolition of existing historic structures were insufficient, necessitating the preparation of an environmental impact report; and WHEREAS. on October 17. 2005. the City Council held duly noticed public hearing on the appeal of the proposed project and the Mitigated Negative Declaration, accepting all oral and written public testimony and the written report ofthe Department of Community Development; and granted the appeal, requiring the preparation ofanenvironmental impact report; and WHEREAS, the City prepared a Draft Environmental Impact Report (DE|R) dated May2O0G(SboteC|earinghoume#2UO8O12059).whichvvonna|eomedhorm45-daypub|ic 'viewpehod from May 17, 2000UoJune 30. 2006 and included mpub/in hearing with the City Council held on June 5.20OG;and EXhibit4—[Cxesol2oz/ pCMeeting October 23, 2015 WHEREAS, the City has evaluated the comments received by persons who reviewed the DEIR and has prepared responses to comments received during the 45 -day public review period; and WHEREAS, said comments received on the EIR and a list of those commenting on the DEIR have been attached to and made a part of the Final Environmental Impact Report (FEIR) (Response to Comments Document, July 2006) for said project as required by Section 15132 of the CEQA Guidelines; and WHEREAS, a Mitigation Monitoring and Reporting Program has been prepared to outline the procedures for implementing all mitigation measures in the FEIR; and WHEREAS, the FEIR concludes that all but two impacts identified in the FEIR have been or can be mitigated to a level of less -than -significant, with the exception that the proposed project would result in the demolition of structures at 1203 and 1211 Lincoln Avenue which are eligible for the California Register of Historic Places and are considered cultural resources for purposes of CEQA; and WHEREAS, the CEQA Guidelines Section 15093 requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve a project. If these benefits outweigh the unavoidable adverse environmental effects, the adverse effects may be considered "acceptable." The decision-making agency must state in writing the specific reasons to support its action based on the FEIR and/or other information in the record. The statement of overriding considerations must be supported by substantial evidence in the record; and WHEREAS, on August 7, 2006, the City Council held a duly noticed public hearing on the proposed planning applications for the 1203-1211 Lincoln Avenue project, accepting all public testimony and the written report of the Community Development Department staff. As part of this hearing process the City Council considered the draft Statement of Overriding Considerations, as well as the draft Mitigation Monitoring and Reporting Program (MMRP), which is presented in attached Exhibit A of this resolution. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby: a) adopt the following Statement of Overriding Considerations; and b) approves the MMRP presented in Exhibit A, finding that the MMRP has been prepared in accordance with the CEQA Guidelines: , STATEMENT OF OVERRIDING CONSIDERATIONS The City of San Rafael adopts the following Statement of Overriding Considerations based on information in the FEIR and other information in the project record. The City recognizes that implementation of the proposed project would result in significant adverse environmental impacts that cannot be avoided even with the adoption of all feasible mitigation measures. Despite the occurrence of these effects, however, the City chooses to approve the project because, in its view, the economic, social, and other benefits that the project will produce will render the significant effects acceptable. The following statement identifies why, in the City's judgment, the benefits of the project as approved outweigh its unavoidable significant effects. Any one of these reasons is sufficient to justify approval of the project. Thus, even if a court were to conclude that not every reason is supported by substantial evidence, the City would stand by its determination that each individual reason is sufficient. The substantial evidence supporting the various benefits can be found in the preceding findings, which are incorporated by reference into this section, and into the documents found in the Record of Proceedings. 2 As discussed above, the EIR identified significant and unavoidable impacts to Cultural Resources that would result from the demolition of the structures at 1203 and 1211 Lincoln Avenue, The City finds that these impacts on Cultural Resources would be acceptable because mitigation measures have been required to reduce these impacts to the extent feasible, and on balancing the benefits to be realized by approval of the project against the remaining environmental risks, the following economic, social, and other considerations outweigh the impacts and support approval of the project: Provision of Housing and Implementation of, the San Rafael General Plan 2020. The proposed project would be consistent with the General Plan 2020 with respect to its provision of 36 housing units in a High Density Residential land use district. The General Plan specifically identified the project site as a downtown development site (Exhibit BB San Rafael General Plan), signifying the City's intent to encourage and allow redevelopment of the project site with the proposed density and applicable incentives for creation of affordable housing. Furthermore, the residential focus of the project serves to accommodate the projected need for 2,090 additional housing units in the City by the year 2007 by adding eleven additional housing units to the City's housing stock. Four of these housing units would be deed -restricted for sale to low-income households and two units deed -restricted for sale to moderate -income households. These would contribute to the City's need for 207 low-income housing units and 562 moderate -income housing units by the year 2007. The City's approval of the project, as proposed, fully complies with and implements the policy decisions embodied in the San Rafael General Plan 2020. Smart Growth and Transit Oriented Development The project would implement "Smart Growth" principles by creating in -fill high-density residential living units in the San Rafael Downtown, which provides a full range of services and amenities within short distances from the project site. In addition, the project is considered a transit - oriented development given its proximity to public transit, with the Bettini Transportation Center located within one-fifth mile of the project site. The convenience of existing transit would increase transit and pedestrian trips, therefore reducing commute and short -distance auto trips, which in turn reduces regional air quality impacts. Elimination of Substandard Housing and Hazardous Conditions The project would eliminate existing substandard housing units with numerous housing, building, fire, and electrical code violations and replace them with new housing units that would be constructed to meet current housing, building, fire, and electrical code requirements. In addition, the project would eliminate multiple driveways to the project site, therefore improving traffic safety from cars backing onto Mission Avenue, a heavily traveled thoroughfare. Economically infeasible to Rehabilitate the Existing Buildings Based on an economic feasibility study prepared for the project by a local architect, contractor and City staff, the rehabilitation of the project for residential re -use would be financially infeasible due to construction costs, market rental rates, taxes, debt servicing, and estimated rates of return. Provision of Construction Jobs and Investment In Prominent San Rafael Property Construction of the project will provide work for numerous individuals in the construction industry, as well as for architects, engineers, and other professionals. In addition, the project would facilitate financial investment into a prominent location in the San Rafael Downtown, improving the aesthetic and monetary value of the project site and possibly generate additional investment in the San Rafael Downtown. I, JEANNE M. LEONCINI, 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 7'" of August, 2006, by the following vote, to wit: AYES: Councilmembers: Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Cohen ABSTAIN: Councilmembers: None 11 V. MITIGATION MONITORING AND REPORTING PROGRAM LINCOLN AND MISSION RESIDENTIAL CONDOMINIUMS This Mitigation Monitoring and Reporting Program (MMRP) was formulated based on the findings of the Environmental Impact Report (EIR) prepared for the Lincoln and Mission Residential Condominiums project. This MMRP is in compliance with Section 15097 of the CEQA Guidelines, which requires that the Lead Agency "adopt a program for monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects." The MMRP lists mitigation measures recommended in the EIR and identifies mitigation monitoring requirements. Table A presents the mitigation measures identified for the proposed project. Each mitigation measure is numbered according to the topical section to which it pertains. As an example, Mitigation Measure CULT -1 is the first mitigation measure identified in Section E, Cultural and Paleontological Resources. The first column of Table A provides the mitigation measures that were identified in the EIR. The column entitled "Party Responsible for Implementing Mitigation" identifies the party responsible for carrying out the required actions. The columns entitled "Party Responsible for Monitoring," and "Timing," identify the party ultimately responsible for ensuring that the mitigation measure is implemented, and the approximate timeframe for the oversight agency to ensure implementation of the mitigation measure. 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Exhibit 5 RESOLUTION NO. 12018 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (iED04-102), USE PERMIT (UP05-032) FOR A HEIGHT BONUS AND A VESTING TENTATIVE CONDOMINIUM MAP (TS05-001) TO DEMOLISH EXISTING RESIDENTIAL BUILDINGS LOCATED AT 1203 AND 1211 LINCOLN AVENUE (CORNER OF LINCOLN AVENUE AND MISSION AVENUE) IN ORDER TO CONSTRUCT A NEW 36 -UNIT RESIDENTIAL CONDOMINIUM BUILDING WITH ASSOCIATED PARKING AND LANDSCAPING (AP Ns: 011-184-08 AND 09) WHEREAS, on May 31, 2005, a revised Environmental and Design Review Permit application and Vesting Tentative Condominium Map application were received by the Community Development Department requesting approval of construction of a 36 -unit residential condominium building at 1203- 1211 Lincoln Avenue with associated parking and landscaping improvements, and WHEREAS, on June 29, 2005 a Use Permit application for a height bonus was received by the Community Development Department and on July 6, 2005, the Environmental and Design Review Permit, Vesting Tentative Map and Use Permit applications were deemed complete for processing; and WHEREAS, upon review of the subject applications, an Initial Study/Mitigated Negative Declaration was prepared consistent with the requirements of the California Environmental Quality Act; and WHEREAS, on July 26, 2005, the Planning Commission held a duly -noticed public hearing on the proposed revised Environmental and Design Review Permit, Use Permit for a height bonus, and a Vesting Tentative Condominium Map, accepting all oral and written public testimony and the written report of the Community Development Department staff; and on a 3-2-2 vote adopted a resolution approving the Environmental and Design Review Permit, Use Permit, and Vesting Tentative Map; and WHEREAS, on July 26, 2005, the Planning Commission adopted a Mitigated Negative Declaration for the project with a separate resolution; and WHEREAS, on August 2, 2005, Tymber Cavasian, James Gonsman, Roger Roberts, Nina Lilienthal -Murphy, and Lynn Bradescu submitted a letter and required fees to the San Rafael City Clerk appealing the Planning Commission's decision to conditionally approve Environmental and Design Review Permit (ED04-102), Use Permit (UP05-032), and Vesting Tentative Map (TS05-001); and WHEREAS, on September 6, 2005, the City Council has adopted a Mitigated Negative Declaration for the project with a separate resolution; and WHEREAS, on August 7, 2006, the City Council held a duly noticed public hearing on the proposed Environmental and Design Review Permit (ED04-102), Use Permit (UP05-032), and Vesting Tentative Map (TS05-001), accepting all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department, NOW, THEREFORE, BE IT RESOLVED, that the City Council makes the following findings related to the Use Permit, Environmental and Design Review Permit, and Vesting Tentative Map: Exhibit 5 — CC Reso 12018 PC Meeting October 13, 2015 Findinas for the Use Permit (UP 05-032): 1. The proposed residential use, as conditioned, is in accord and consistent with the San Rafael General Plan 2020, the purposes of the Zoning Ordinance (Title 14 of the San Rafael Municipal Code), and the purposes of the High Density Residential HR1 District (Chapter 14.04 of the San Rafael Municipal Code) in that: a) The proposed development would result in a gross density of 30 units per acre, excluding the density bonus units, which would be within the density range permitted under the General Plan High Density Residential land use designation (15 to 32 dwelling units per gross acre); b) The maximum height of the proposed building is 38 feet as measured under provisions of the Zoning Ordinance and California Uniform Building Code, which is consistent with Land Use Element Exhibit 7 (Building Height Limits) and Land Use Policy LU -13 (Height Bonuses) allowing a maximum height of 48 feet since the project qualifies for a 12 -foot height bonus for inclusion of affordable housing units; c) The proposed high density residential project is located at the intersection of two major arterial streets, both of which allow and are developed with other high density housing projects, including the four-story condominium development immediately west of the project site (see Exhibits 1a, 1b, 1c, 2a and 2b), with available traffic capacity within adopted level -of -service standards in the General Plan and adequate existing infrastructure to provide utilities, consistent with Policy LU -8 Density of Residential Development; d) The proposed project was considered under the City's Traffic Allocation Model and qualified for an exemption from the Project Selection Process under the provisions of City Council Resolution 11666 since the project would generate less than 10 peak hour trips, and is therefore consistent with Land Use Policy LU -3 and LU -3a (Project Selection Process). e) The high-density design, setbacks and height of the proposed project are consistent with those of other properties in the Lincoln Avenue and Mission Avenue corridors which includes several residential structures of 3 to 5 stories including the adjacent structures at 820 Mission (45 feet tall) and 1215 Lincoln (30 feet tall) (see Exhibits la, 1b, 1c), and the proposed project incorporates numerous transitions in setbacks and heights through the staggering of balconies, building stepbacks (see Exhibits 2a and 2b), recessing the fifth floor by setbacks of 59 feet from the Lincoln Avenue property line and 56 feet from the Mission Avenue property line, inclusion of a rear landscaped courtyard which sets the building face back 30 feet from the northern property line adjacent to other residential properties, and incorporation of landscaped setbacks of between 15 and 23 feet on Lincoln and between 19 and 28 feet on Mission which exceed the minimum required setbacks (see Exhibit 3a) and exceed existing street setbacks on numerous existing high density developments along these streets (see Exhibit 3b) and is therefore consistent with Housing Policy H-3 (Design That Fits into the Neighborhood Context); f) The application process included numerous meetings with neighborhood groups and the Federation of San Rafael Neighborhoods consistent with Housing Policy H-4 (Public Information and Participation); g) The proposed redevelopment is the result of City housing inspections by the Building and Safety Division, Code Enforcement Division and Fire Department in 2002 which identified numerous violations of housing, building and fire codes and would remove substandard housing units consistent with Housing Policy H-11 (Housing Conditions and Maintenance), Program H - 11(a) (Apartment Inspection Program) and Neighborhood Policy NH -4 (Improve Property Maintenance); h) The proposed project would develop a site within an area identified for appropriate increases in housing included in Appendix B (Housing Element Background) Summary of Potential Housing Sites, Exhibit BB — Example Downtown Development Sites and is therefore consistent with Housing Program H -18a (Affordable Housing Sites); i) The proposed project would be developed at the maximum of the density range for the High Density Residential land use category and is therefore consistent with Housing Program 18b (Efficient Use of Housing Sites); j) The proposed project would provide 6 deed -restricted affordable housing units including 4 priced for sale to low-income households and 2 priced for sale to moderate -income households which exceeds the minimum requirements of Housing Policy H-19 (Inclusionary Housing Requirements); k) The proposed project, by including 6 affordable housing units, proposes to utilize provisions of the State Density Bonus Law resulting in 7 bonus units, and proposes to utilize the height bonus allowed in Land Use Policy LU -13, and is therefore consistent with Housing Program H-21 (Density Bonuses and Other Regulatory Incentives for Affordable Housing); i) The proposed project would locate high density residential along bus corridor on Lincoln Avenue (GGT Routes 57 and 59) and within one-fifth mile of the Downtown Bettini Transportation Center (with 19 GGT bus routes) and a potential SMART light rail station, consistent with Housing Policy H-22 (Infill Blear Transit); m) The proposed project would enhance neighborhood image by replacing two dilapidated structures in a very visible location at the intersection of Lincoln and Mission Avenues, would incorporate sensitive transitions in height and setbacks with 8 different roof heights along Mission and 7 along Lincoln (see Exhibits 2a and 2b), projecting and recessed balconies along both frontages, recessing the fifth floor by setbacks of 59 feet from the Lincoln Avenue property line and 56 feet from the Mission Avenue property line, inclusion of a rear landscaped courtyard which sets the building face back 30 feet from the northern property line adjacent to other residential properties, and incorporation of landscaped setbacks of between 15 and 23 feet on Lincoln and between 19 and 28 feet on Mission which exceed the minimum required setbacks (see Exhibit 3a) and existing street setbacks on numerous existing high density developments along these streets (see Exhibit 3b), would respect privacy and adjacent development by careful placement of windows along common property lines as considered by the Design Review Board, by recessing the fifth floor substantially from both Lincoln and Mission Avenues, by providing greater building setbacks than many other high density residential developments along both street corridors and by incorporating a roar landscaped courtyard which sets the building face back 30 feet from the northern property line adjacent to other residential properties, would maintain infrastructure service levels by not exceeding the traffic levels -of -service as documented in the Final EIR and would provide adequate parking by meeting the state -mandated parking requirements of the Density Bonus Law (California Government Code Sections 65915-65918) and is therefore consistent with Neighborhood Policy NH -2. The project would not preserve existing structures which have been found in the Final EIR to be historic resources; n) The project would include a parking area within the landscaped setback for service vehicles which is not required by the Zoning Ordinance but which was requested by the neighborhood and required by the Planning Commission, and is therefore consistent with Neighborhood Program IVH -8b (Additional On -Site Parking); o) Neighborhood Policy NH -116 specifically addresses the Lincoln Avenue corridor and states, "allow higher density residential development along Lincoln Avenue between Hammondale Court and Mission Avenue given its good access to public transit. Promote lot consolidations to achieve higher densities and minimizing ingress/egress to Lincoln Avenue; maintain 15 -foot setbacks and street trees as corridor amenities to provide a landscaped streetscape. Promote high-density residential development along Lincoln Avenue, consistent with its existing character and good access to public transit. Encourage redevelopment of these sites for residential use, consistent with the surrounding neighborhood. Encourage lot consolidations to achieve more efficient redevelopment project designs. Encourage underground parking for any new or substantial redevelopment project along Lincoln Avenue. Design all new projects and substantial remodels in accordance with Noise Element policies. Require setbacks and other project design features that visually reduce the wall effect along Lincoln Avenue. Encourage underground parking in new development to reduce building mass and height." The project meets these criteria by being a high-density redevelopment project at the intersection of Lincoln and Mission Avenues, by consolidating two parcels to increase frontage along Lincoln, by including an underground parking garage and two access points along Lincoln and Mission Avenues, by reducing access points along Mission Avenue by eliminating six existing driveway curb cuts, by providing construction methods that will comply with City and State noise standards for condominium housing, by providing a minimum 15 -foot setback along Lincoln Avenue including landscaping and street trees, and by incorporating various roof levels, balcony projections and varied setbacks to reduce building bulk and a "wall effect" along Lincoln Avenue; p) The project would not preserve two structures determined to be historic resources, but would preserve and enhance the scale and landscaped character of the City's residential neighborhoods by eliminating buildings which are presently largely vacant and dilapidated, by increasing landscaping along both the Lincoln and Mission Avenue frontages compared to the extremely minimal existing landscaping and by designing the structure to appear as a four-story building consistent with the heights of other multi -family residential buildings in the vicinity by recessing the fifth floor substantially, and is therefore partially inconsistent and partially consistent with Community Design Policy CD -3 (Neighborhoods); q) The project would not be consistent with Community Design Policy CD -4 (Historic Resources) since it would remove structures which have been determined to be historic resources; r) The project was determined in the Final EIR to not block views of San Rafael Hill from the Lincoln or Mission Avenue approaches and surrounding sidewalks and is therefore consistent with Community Design Policy CD -5 (Views); s) The project would include a landscaped courtyard and community room at the rear of the site as well as private balconies for all units, complying with size requirements of the Zoning Ordinance and is therefore consistent with Community Design Policy CD -14 (Recreational Areas); t) The project would include six units of affordable housing with priority for occupancy by public agency employees near Downtown and public buildings and is therefore consistent with Economic Vitality Policy EVA2 (Workforce Housing); u) Net traffic generation from the project would not change level of service (LOS) at any of 17 studies intersections, increasing delay during peak hours by between 0.1 and 0.5 seconds and adding 40 daily trips to Lincoln Avenue which currently carries approximately 19,000 daily vehicles (a 0.2% increase) and is therefore consistent with Circulation Policy C-5 (Traffic Level of Service Standards); v) The project would be required to contribute approximately $ 25,476 in traffic mitigation fees to be used towards future traffic improvements contained in General Plan 2020 and is therefore in compliance with Circulation Policy C-7 (Circulation Improvements Funding); w) The project, with inclusion of a Mission Avenue entrance, would add minimal traffic to Laurel Place and Nye Street (5 additional trips — a 0.6% increase) and is therefore consistent with Circulation Policy C-21 (Residential Traffic Calming); x) The project will provide new street trees along both Lincoln and Mission Avenues and is therefore consistent with Infrastructure Policy 1-8 (Street Trees); y) The San Rafael Sanitation District has adequate sewer capacity for the proposed project, consistent with Infrastructure Policy 1-10 (Sewer Facilities); z) The project would demolish two structures, both of which were determined by the Final EIR to be historic resources for purposes of CEQA and one of which is included on the San Rafael Historical/Architectural Survey with a rating of "good", and would therefore not be in compliance with Culture and Arts Policy CA -13 (Historic Buildings and Areas); aa) The project would not be able to incorporate or reuse the existing historic buildings which are in poor condition and do not lend themselves for use for multi -family housing as determined by analysis of rehabilitation costs and a financial return analysis included in Attachment 2, Exhibits 1a, 1b and 1c, and is therefore not consistent with Culture and Arts Policy CA -14 (Reuse of Historic Buildings); bb) The project site was evaluated for archaeological resources and found unlikely to contain such resources, consistent with Culture and Arts Policy CA -15 (Protection of Archeological Resources); cc) The project provides an interior landscaped courtyard and community room and is therefore consistent with Parks and Recreation Policy PR -10 (Onsite Recreation Facilities); dd) The project would be required to contribute to future park facilities by payment of park impact fees of approximately $21,647, consistent with Parks and Recreation Policy PR -25 (Contributions by Ownership Residential Development); ee) The project would be consistent with Safety Policies S-1 (Location of Future Development), S-3 (Use of Hazard Maps in Development Review), S-4 (Geotechnical Review), S-6 (Seismic Safety of New Buildings), S-25 (Regional Water Quality Control Board Requirements) and 5-32 (Safety Review) by being proposed on a site not subject to flooding or landslides and located in an area currently served by emergency personnel. The project would be required to comply with provisions of the California Building Code, preparation of a Storm Water Pollution Prevention Plan, and would be reviewed by City Police and Fire personnel. A geotechnical investigation was prepared for the project and determined that the site is suitable for the proposed project, and is subject to conditions of approval; ff) The project would be consistent with the purposes of the Zoning Ordinance, as stated in Section 14.01.030 of the Zoning Ordinance, by providing a high-density multi -family development within the density range of the High Density Residential (HR1) District in an area of similar zoning, by complying with the City's traffic level -of -service standards, by being located in an area with existing and adequate infrastructure including roads, utilities, emergency services, and transit, by complying with provisions of the California Building Code, by complying with the policies of General Plan 2020 as documented above, by locating high-density housing in close proximity to high-density jobs in the Downtown, by providing additional ownership and affordable housing in close proximity to jobs, by providing an underground parking garage with only two entrance points which were found to provide adequate site distance and minimal traffic impacts, by providing off-street parking for service vehicles, by providing varied and greater landscaped setbacks along the Lincoln and Mission Avenue corridors than required by the HR1 District (see Exhibit 3a), by incorporating varied roof heights and building stepbacks to reduce the appearance of building bulk (see Exhibits 2a and 2b), and by its review which included numerous neighborhood meetings and public hearings before the Design Review Board, Planning Commission and City Council. The project would not be consistent with the purpose of preserving historic resources; and gg) The project would be consistent with the purposes of the High Density Residential (HR1) District, as stated in Section 14.04.010 of the Zoning Ordinance by being in compliance with the density and other development regulations of this District, by providing high-density housing in a neighborhood of higher but varied densities, by contributing to existing development patterns and varied design character in the area, by being located on a site with no environmental constraints such as flooding, landslides, or geotechnical problems and with adequate infrastructure, and by including a landscaped courtyard and community room for residents. 2. The proposed project, as conditioned, would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the city in that a Final Environmental Impact Report has been prepared and adopted for the project pursuant to the provisions of the California Environmental Quality Act which found only one significant unavoidable impact for which the City Council has found acceptable through adoption of findings of overriding consideration, through its consistency with the policies and programs of General Plan 2020 as documented above, due to its incorporation of design features to minimize the impacts of building mass as documented in Findings 1(e), 1(m), 1(n), 1(0) and 1(s) above and since the project design was reviewed by the Design Review Board and the Planning Commission and recommended for approval. 3. The proposed project complies with all regulations contained in the Zoning Ordinance including maximum height, building setbacks, landscaping, recreational space, affordable housing, and complies with mandatory parking maximums of California Government Code Sections 65915- 65918. Fiindinas for the Environmental and Desian Review Permit (ED 00-11): 1. The proposed project is in accord with the San Rafael General Plan 2020 as documented in Use Permit Finding 1 above. 2. The proposed project is consistent with the objectives and criteria of the Zoning Ordinance as documented in Use Permit Finding 1 above. 3. The proposed project is consistent with the purposes of Chapter 14.25 of the Zoning Ordinance (Environmental and Design Review) in that. a) The project maintains a proper balance between development and the natural environment by redeveloping two sites which have been fully developed for decades and in an urbanized setting; b) The project maintains and improves the quality of, and relationship between, development and the surrounding area to contribute to the attractiveness of the city, preserves balance and harmony within neighborhoods, promotes design excellence and minimizes impacts on adjacent residences, and is designed to be compatible with the existing neighborhood by locating a high- density residential development in an area with existing high-density development as shown on Exhibits 1a, 1b and 1c, by providing landscaped setbacks along Lincoln and Mission Avenues which equal or exceed those of other high-density residential projects in the vicinity as shown on Exhibits 3a and 3b, by replacing dilapidated existing structures, by incorporating varied roof heights and building stepbacks to reduce the appearance of building mass as shown on Exhibits 2a and 2b, by incorporating a Mission design style of which there are numerous examples in the surrounding area, and by incorporating substantial detailing to provide quality architecture; and c) The project, by incorporation of building stepbacks would preserve views of San Rafael dill from surrounding streets and sidewalks as documented in the Final EIR. 4. The project design is consistent with the San Rafael Design Guidelines (November, 2004) in that the building design incorporates extensive fagade articulation, varied setbacks (see Exhibit 3a), and building stepbacks to help transition the building into the existing neighborhood and minimize apparent height differences (see Exhibits 2a and 2b); roof equipment is screened and roof vents are minimized; the building entry is highlighted with an entry feature, corner plaza and tower element; window proportions and placement were analyzed by the Design Review Board and found appropriate; garage entries are limited and parking is not visible in the subterranean garage; the garage layout was found to be appropriate by the City Traffic Engineer; the street yards are well landscaped with building setbacks that exceed the minimum requirements and will enhance the quality of the site compared with the existing site character; lighting will be minimal and shielded; long wall lengths are minimized by frequent building articulation and varied setbacks and rooflines; retaining walls are landscaped; street trees will be provided; and the building is oriented towards the street with ground floor units and a prominent entry plaza and entry feature at the focal corner of fission and Lincoln Avenues. 5. The project design, as conditioned, minimizes environmental impacts as documented in the Final EIR, which determined that significant environmental impacts either did not exist or could be minimized through conditions of approval to a level of insignificance, with the exception of the loss of historic structures. 6. The project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity as documented in Use Permit Finding 2 above. Findings for the Vesting Tentative Mari (ED 00-11): 1. As proposed and conditioned, the Vesting Tentative Map, along with the accompanying improvements would comply with the requirements of the San Rafael Subdivision Ordinance (Title 15 of the San Rafael Municipal Code), including minimum lot size, and the provisions of the State Subdivision Map Act, and the map and improvements would satisfy the required findings cited below. 2. As proposed and conditioned, the proposed subdivision, together with its design and improvements is consistent with the objectives, goals and policies of the San Rafael General Plan 2020 as documented in Use Permit Finding 1 above. 3. The subject property is physically suitable for the type, density and intensity of development and is not likely to cause substantial environmental damage or cause serious health problems in that a Final EIR has been prepared and adopted by the City Council which contains information supporting the suitability of the site for the proposed development with the exception of the proposed demolition of structures found to be historic resources, adequate services, infrastructure and utility systems are available to serve the proposed development, adequate provisions are included for required parking, landscape improvements and recreational facilities for residents, and the project design was reviewed by the Design Review Board and the Planning Commission and recommended for approval. 4. As proposed and conditioned, the proposed subdivision would not conflict with any existing or required easements. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Use Permit, Environmental and Design Review Permit and the Vesting Tentative Map subject to the following conditions: Conditions -of Approval: Mitigation Measures 1. The following controls shall be implemented during demolition: • Water during demolition of structures and break-up of pavement to control dust generation; o Cover all trucks hauling demolition debris from the site; and • Use dust -proof chutes to load debris into trucks whenever feasible. 2. The following controls shall be implemented at all construction sites: • Water all active construction areas at least twice daily and more often during windy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non- toxic stabilizers to control dust; ® Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard; • Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites; • Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at construction sites; water sweepers shall vacuum up excess water to avoid runoff -related impacts to water quality; • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; • Apply non-toxic soil stabilizers to inactive construction areas; • Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.); - Limit traffic speeds on unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; • Replant vegetation in disturbed areas as quickly as possible. • Install base rock at entryways for all exiting trucks, and wash off the tires or tracks of all trucks and equipment in designated areas before leaving the site; and • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mph. 3. Forced -air mechanical ventilation systems shall be included in the design so that a habitable indoor environment can be maintained if windows must be closed to meet the indoor standard be provided for units 1-8, 13-22 and 27-36. 4. The project applicant shall obtain a permit, if needed, to exceed the City's maximum allowable construction noise level of 90 dBA. The on-site complaint and enforcement manager shall have and be trained in the use of a sound meter and shall monitor construction noise to assure that levels do not exceed 90 dBA in the method prescribed by the San Rafael Noise Ordinance. 5. All construction and grading activities shall conform to the hours listed in section 8.13.050 part A of the City's Noise Ordinance, with the exception of work not being allowed on Saturdays. Therefore, all noise generating construction activities shall be limited to between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday. Construction shall not occur on Saturdays, Sundays or holidays. 6. To reduce daytime noise impacts due to construction, to the maximum feasible extent, the City shall require the applicant to develop a site-specific noise reduction program, subject to City review and approval, which includes the following measures: • Signs shall be posted describing the permitted hours of construction in a conspicuous location near the property entrance legible from the edge of the roadway. The exact wording of the sign is prescribed by the City's Noise Ordinance. • An on-site complaint and enforcement manager shall be designated to respond to and track complaints. • A pre -construction meeting shall be held with the job inspectors and the general contractor/on-site project manager to confirm that noise mitigation and practices are completed prior to the issuance of a building permit (including construction hours, neighborhood notification, posted signs, etc.). • Equipment and trucks used for project construction shall utilize the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds, wherever feasible). • Impact tools (e.g., jack hammers, pavement breakers, and rock drills) used for project construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed -air exhaust from pneumatically powered tools. However, where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed -air exhaust shall be used. Quieter procedures shall be used, such as drills rather than impact equipment, whenever feasible. • Stationary noise sources shall be located as far from the adjacent residences as possible, and they shall be muffled and enclosed within temporary sheds, or insulation barriers or other measures shall be incorporated to the extent feasible. 7. The buildings at 1203 Lincoln Avenue shall be documented to Historic American Buildings Survey (NABS) Level 3 standards, according to the Outline Format described in the Historic American Buildings Survey Guidelines for Preparing Written Historical Descriptive Data. Photographic documentation shall follow the Photographic Specifications — Historic American Building Survey, including 15 to 20 archival quality large -format photographs of the exterior and interior of the building and its architectural elements. Construction techniques and architectural details shall be documented, especially noting the measurements of structural members, hardware, and other features that tie the architectural elements to a specific date. A copy of the documentation, with original photo negatives and prints, shall be placed in a historical archive or history collection accessible to the general public. Additionally, the developer shall fund an exhibit of the historical survey at the Marin Historical Society, the Anne T. Kent California Room at the Marin County Library Civic Center Branch. Five copies of the documentation with archival photographs shall be produced for distribution to local and regional repositories. One copy shall be provided to the Northwest Information Center of the California Historical Resources Information System, Sonoma State University, Rohnert Park, California. 8. The applicant/developer shall advertise the opportunity to purchase and relocate the residential structure within the City of San Rafael_ Said advertisement shall run in the Marin Independent Journal for at least 30 days. 9. If the building is not relocated, the home at 1211 Lincoln Avenue shall be documented to Historic American Buildings Survey (NABS) Level 3 standards, according to the Outline Format described in the Historic American Buildings Survey Guidelines for Preparing Written Historical Descriptive Data. Photographic documentation shall follow the Photographic Specifications — Historic American Building Survey, including 15-20 archival quality large -format photographs of the exterior and interior of the building and its architectural elements. Construction techniques and architectural details shall be documented, especially noting the measurements of structural members, hardware, and other features that tie the architectural elements to a specific date. A copy of the documentation, with original photo negatives and prints, shall be placed in a historical archive or history collection accessible to the general public. 10. if prehistoric or historical archaeological materials are encountered during project construction, all work within 25 feet of the discovery shall be redirected and a qualified archaeologist contacted to evaluate the finds and make recommendations. Disturbance to resource should be avoided to minimize adverse effects. If such deposits cannot be avoided, they shall be evaluated for their eligibility for listing on the California Register (i.e., it shall be determined whether they qualify as historical or unique archaeological resources under CEQA). If the deposits are not eligible, further avoidance is not necessary. If the deposits are eligible, and avoidance is not feasible, the adverse effects shall be mitigated. Upon completion of an archaeological assessment, a report shall be prepared documenting the methods, results and recommendations. Findings of the report shall be submitted to TWM Architects and Planners, the City of San Rafael and the Northwest Information Center (KWIC). 11. Should human remains be encountered by project activities, work within 25 feet of the discovery shall be redirected and the County Coroner notified immediately. If the County Coroner determines the human remains are of Native American origin, the Coroner shall notify the Native American Heritage Commission (NAHC) within 24 hours of this identification, and a qualified archaeologist shall be contacted to evaluate the situation. The NAHC shall identify the person or persons it believes to be , the most likely descended (MLD) to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. Upon completion of such analysis and/or recovery, the archaeologist shall prepare a report documenting the methods and results of the investigation and provide recommendations for the treatment of the human remains and any associated cultural materials, as appropriate and in coordination with the recommendations for the proper treatment of the remains and associated grave goods. This report shall be submitted to the City, the project applicant, and the KWIC. 12. If paleontological resources are encountered during project activities, all work within 25 feet of the discovery shall be redirected until a qualified paleontologist has evaluated the discoveries, prepared a fossil locality form documenting the discovery, and made recommendations regarding the treatment of the resources. If the paleontological resources are found to be significant, adverse effects to such resources shall be avoided by project activities. If project activities cannot avoid the resources, adverse effects shall be mitigated. At a minimum, mitigation shall include data recovery and analysis, preparation of a data recovery report or other reports as appropriate, and donating the fossil material recovered to a paleontological repository, such as the University of California Museum of Paleontology (UCMP). Mitigation may also include monitoring of project -related ground -disturbance. Upon completion of project activities, a report that documents the methods and findings of the mitigation shall be prepared and copies shall be submitted to the appropriate city agencies, and to the repository to which fossils were accessioned. 13. Specific lighting proposals shall be reviewed and approved by the City prior to installation. All exterior lighting shall be shielded down. Following issuance of a certificate of occupancy, all exterior lighting shall be subject to a 30 -day lighting level review by Planning Division staff to minimize lighting and glare off-site and ensure compatibility with the surrounding area. Vesting Tentative Condominium Map (T a05o001) Public Works Department 14, All Improvement plans must be on paper size 24"X36". 15. The site plan shall include grading and drainage plans, contours and existing conditions 30 feet beyond the project boundaries. 16. Delineate and describe all existing easements mentioned in the preliminary title report. 17. No structures are permitted over any dedicated public utility, storm and sanitary sewer easements. 18. Submit improvement plans for frontage improvements to include the following: ® Replace all curb and gutter and sidewalk fronting Mission and Lincoln Avenue. Remove all driveways not in use. ® Sidewalk on Mission Avenue shall be at least 6' from behind back of curb and a clear 4' minimum sidewalk around any obstruction such as utility pole, fire hydrant, etc. Sidewalk on Lincoln Avenue shall consist of a 4' planter behind curb with a minimum 6' wide sidewalk. ® All improvements must in compliance with Title 2 of the American Disability Act and Title 24 of the California Code Regulations, Edition 2001. Relocation of existing street facilities may be required. ® Extend existing storm drain on Lincoln Avenue by installing a new storm drain from the existing catch basin near Mission Avenue to the north side of the proposed driveway on Lincoln Avenue. ® Replacement of existing corrugated metal pipes from catch basins at the northwest corner of Mission and Lincoln to the manhole in the middle of the intersection may be required. ® Replacement of existing catch basins on and near Mission Avenue may be required. e Check invert grade of existing catch basins on Lincoln and Mission Avenues with garage grade. Design storm drainage system to prevent flooding inside the garage during any storm drain flow condition in existing City storm drainage system. ® Design drainage system to ensure no public water from the City storm drain enters private property or private storm drainage system. This preventive facility (if any) shall be maintained by the Homeowner Association and shall be addressed in the Conditions Conveyances and Restrictions (CC&Rs). a All utilities must be underground from existing utility pole in streets adjacent to the development. 19. An encroachment permit is required for improvement works in the public right of way. 20. Show on plan and final map all existing and new easements within the subdivision. 10 21. Submit final map and required fees, in accordance and conformance with the Subdivision Map Act and San Rafael Subdivision Ordinance, for review and approval by the City Engineer and City Council. Plans and Agreement and Securities 22. Project CC&Rs shall be reviewed and approved by the City Attorney's office prior to submittal of final map. 23. A Subdivision Agreement will be entered into with the City, prior to acceptance of final map. 24. Submit Engineer estimate for site and frontage improvements for bond purpose. Estimate to be approved by City Engineer. 25. The required bonds or other approved security will be furnished to the City in accordance with the Subdivision Agreement to ensure completion of improvements for both public and common area. 26. Prior to acceptance of final map, plan checking and inspection fee shall be paid based on approved engineer estimate for both the public and common areas in accordance with the City's master fee schedule. 27. Submit improvement and grading plans, conforming to the approved tentative improvement plans, conditions of approval, design review, Mitigated Negative Declaration, geotechnical report and response, etc. 28. A geotechnical report must be submitted with the final map application and is subject to review and approval by Geotechnical Review Board. The applicant shall make a deposit with the City Engineer to cover the cost to make this review. 29. Submit as -built improvement plans on 24"X36" mylar with final soil report and certifications upon completion of the subdivision agreement. Storm Drainage 30. The improvement plans shall show existing and proposed drainage facilities. 31. Do not block existing drainage from adjacent properties. Re-route drainage as required. 32. A hydrology and hydraulics analysis on the project site, based on 25 years storm frequency shall be submitted as part of the final map application. 33. All downspouts shall be directed to landscaping area for treatment before discharge into City storm drainage system. 34. Refuse area must be covered, bermed and plumbed into the sanitary sewer. Sanitary Sewers 35. The improvement drawing shall show the location of existing and proposed sanitary sewers facilities. 36. All sewers shall be PVC, type C900, designed with flexible, water -tight joints to accommodate predicted settlement. 37. The sanitary sewer shall be designed, installed and tested in accordance with the San Rafael Sanitation District specifications and drawing. Streets and Traffic 38. Street and traffic design shall conform to the Cities and County of Marin standard specifications and uniform construction standards, unless otherwise noted or approved by appropriate departments of the City of San Rafael. 39. The improvement plans shall show vertical and horizontal alignments of roadway. 40. Typical street sections shall be as shown as per approved tentative map and plans. 41. The onsite traffic circulation and parking plan shall be subjected to the approval of the Traffic Engineer and by the Fire Marshal. 42. The parking and on site pavement shall be designed to a traffic index of 5 or a traffic index determined by the Traffic Engineer. It shall be designed by the soil engineer/civil engineer and will be submitted to the Traffic Engineer for approval. 43. Minimum trench repair on public street shall be 8" asphalt over 12" class II aggregate base or match existing street section on Lincoln Avenue, whichever section is thicker. 44. Show signs, striping, legends and other traffic control devices. 45. Wheel chair ramp, sidewalk and footpath shall be in compliance with Title 2 of the American Disability Act and Title 24 of the California Code Regulations, Edition 2001. improvement plans shall provide details and sufficient elevations to ensure feasibility of the design. 46. Provide a detail plan (Scale 1/4" to a foot) with grades and elevations for the ADA ramp in the corner of Lincoln Avenue and Mission Avenue. Show ramp design in conjunction with the proposed corner landscaping improvements. Utilities 47. The improvement plans shall show all proposed and existing utilities, including locations of fire hydrant, street light, utility boxes and services, etc. 48. All utilities shall be underground. 49. The improvements plans shall be reviewed and signed by each of the respective utility companies. 50. Prior to recordation of the final map, written verification shall be submitted from each of the respective utility companies indicating that they have reviewed the utility plan and the soil report. 51. Fire hydrants shall be installed in public utility easements (P.U.E.) as required by the Fire Department. Planning Division 52. Prior to the recordation of the final map, the developer shall pay to the City in lieu parkland dedication fees in the amount of $21,647.73 in accordance with the provisions of City Ordinance 1558. The fee is based upon the increase in number of units of the proposed project vs. the existing units. 53. Prior to recordation of a final map, the Conditions, Conveyances, and Restrictions (CC&Rs) shall be reviewed and approved by the City Attorney's Office. The CC&Rs shall include a condition not allowing storage on exterior decks, patios, or balconies. 54. Prior to approval of the final map, the applicant shall enter into a below market rate (BMR) agreement approved by the City Council consistent with General Plan Policy, the BMR units shall be constructed on site and shall consist of the following units and affordability requirements: six (6) below market rate units composed of four (4) units affordable to low-income households and two (2) units affordable to moderate -income households. 55. Prior to the issuance of a Building permit, the final map shall be recorded. 56. This Vesting Tentative Map approval shall be valid until August 7, 2008 unless a final map has been recorded or a time extension is granted. (Environmental and Design Review Permit (ED04-102) Planning Division 57. This Environmental and Design Review Permit (ED04-102) shall be valid until August 7, 2008, unless a building permit has been issued and remains valid, or a time extension is granted. 12 58. The building techniques, materials, elevations and appearance of the project, as presented for approval on plans prepared by TWM, Architects; dated June 21, 2005 and including the Mission Avenue Entry Option dated December 15, 2005, 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. 59. Prior to the issuance of a demolition permit, the applicant shall submit written verification from a pest control consultant indicating that the project site has been serviced to eliminate rodents. 60. Prior to the issuance of a building permit the applicant shall submit written verification from Marin Sanitary Service (MSS) indicating that the project's trash service meets MSS requirements. 61. Prior to issuance of a building permit, the applicant shall submit written verification from the Marin Municipal Water District indicating that the District's requirements have been met. 62. 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. 63. Prior to the issuance of a building permit, the roof venting, lighting, service vehicle parking, and plaza plan shall be reviewed and approved by the Design Review Board. 64. Prior to the issuance of a building permit, the applicant shall submit verification of compliance with Section 14.16.279 of the Zoning Ordinance, requiring provision of relocation assistance to tenants. Verification shall include a list of tenants existing on August 7, 2006, copies of notices to tenants as required by Section 14,16.279(C), copies of responses from tenants to the required notices, copies of payments made to tenants and copies of correspondence to tenants with referral to the Marin Housing Assist Line to obtain a list of low-income rental units in the area. 65. 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 landscaping/irrigation 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. 66. 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. 67. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. 68. Prior to final inspection, the applicant shall submit a building height survey from a licensed land surveyor indicating that the building has been built less than the 48 -foot height limit as defined by the California Building Code. The applicant shall take appropriate measures during the construction process to insure building height compliance. 69. Prior to final inspection, the applicant shall submit an acoustical report to the Planning Division indicating that the internal noise levels of the residential units are consistent with the City noise standards. 70. Prior to final inspection, 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. 71. Plans submitted for a building permit shall include a plan sheet, which incorporates these conditions of approval. Fire Department 72. Based on Uniform Building or Fire Code requirements, a regular sprinkler and standpipe system shall be installed throughout the building. 13 73. 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. 74. A Fire Department approved Knox Keyway System is required to be installed conforming to Fire Prevention Standard 202. Public Works department 75. Prior to issuance of a building permit, a traffic mitigation fee of $25,476.00 (adjusted annually on the Lee Saylor Construction Cost Index) shall be paid to the Building Division. The fee is based upon the 6 -peak hour trips generated by the project. 76. Grading plan shall show all proposed and existing contours. 77. Final grading, drainage and foundation plan shall be prepared in accordance with the recommendation of the geotechnical report and review. 78. No mass grading is to be done between from October 15 through April 15 without the approval of the City Engineer. 79. A Storm Water Pollution and Prevention Plan (SWPI') shall be reviewed and approved by the Storm Water Prevention Manager prior to issuance of a grading permit. 80. An erosion control plan, in compliance with the Best Management Practice, must be implemented, prior to October 15 and shall be maintained to at least through April 15. Contractor shall be responsible for any silt and/or debris deposition in the existing downstream drainage facilities. Contractor shall be required to clean all debris in the downstream facilities if so directed by the Department of Public Works Department, 81. All earth and foundation work shall be performed under the direction of the project soil engineer in accordance with the soil report and supplements for the project site. A final soil report, including certification shall be submitted, prior to the construction of the foundation. 82. All construction staging must be on project site. 83. No lane closure on Lincoln Avenue and on Mission Avenue is permitted without an approved traffic control plan. 84. Prior to issuance of Building Permit, the applicant shall submit a comprehensive staging and traffic control plan for review and approval. The plan shall include agreements to pay for any City's staff's, including police department's overtime incurred for traffic control during the duration of the project construction, 85. No sidewalk closure on Lincoln Avenue and on Mission Avenue shall be allowed without an approved sidewalk closure plan. 86. Provide calculation for sewer flow and check sufficiency of existing sewer main on Lincoln Avenue/Mission Avenue. 87. Prior to the issuance of a building permit, televise existing storm and sanitary sewer facilities fronting development and agree to repair/replace facilities as required by the City or SRSD. See item 20 (f) and 20 (g) above, present findings of condition of pipelines to the Public Works Department. 88. Prior to the issuance of a building permit, the driveway designs from Lincoln and Mission Avenues shall be reviewed and approved by the City's Traffic Engineer, San Rafael Sanitation District 89. Prior to issuance of a building permit, a sewer connection fee of $17,545.00 shall be paid to the Building Division. The fee is based upon the difference in the existing 25 units versus the proposed 36 units. (36-25 .- 11) (11 X $1,595.00 = $17,545.00). 90. The project shall be responsible for installation of new sewer laterals. 14 Building Division 91. The design and construction of all site alterations shall comply with all applicable codes and regulations in effect at the time of plan submittal and building permit issuance. Currently the applicable codes are the 2001 California Building Cade, 2001 Plumbing Code, 2001 Electrical Code, and 2001 California Mechanical Code. 92. A building permit is required for the proposed work. Applications shall be accompanied by four (4) complete sets of construction drawings to include: a) Architectural plans b) Structural plans c) Electrical plans d) Plumbing plans e) Mechanical plans f) Fire sprinkler plans g) Landscapetirrigation plans h) Site/civil pians i) Structural Calculations j) Truss Calculations k) Soils reports 1) Title -24 energy documentation 93. The occupancy classification, construction type and square footage of each building shall be specified on the plans in addition to justification calculations for the allowable area of each building. 94. The building shall have address numbers posted in a conspicuous place, clearly visible from the street. Numbers should be minimum 4° in height, contrasting in color to their background, and either internally or externally illuminated. 95. l=ire sprinklers will be required throughout the building. Separate application by a C-16 contractor is required. 96. Any demolition of existing structures will require a permit. Submittal shall include three (3) copies of the site plan, asbestos certification and PG&E disconnect notices. Also, application must be made to the Bay Area Air Quality Management District prior to obtaining the permit and beginning work. 97. School fees will be required for the project. School fees for residential construction is currently computed at $2.05 per square foot of new living area, Commercial space is computed at $0.33 per square foot of new building area. Calculations are done by the San Rafael City Schools, and those fees are paid directly to them prior to issuance of the building permit. 98. With regard to any grading or site remediation, soils export, import and placement; provide a detailed soils report prepared by a qualified engineer to address these procedures. In particular the report should address the import and placement and compaction of soils at future building pad locations and should be based on an assumed foundation design. This information should be provided to Building and Engineering Division for review and comments prior to any such activities taking place. 9.9. A grading permit may be required for the above-mentioned work. 100. Prior to building permit issuance for the construction of each building, geotechnical and civil pad certifications are to be submitted. 101. The site development of such items as common sidewalks, parking areas, stairs, ramps, common facilities, etc. are subject to compliance with the accessibility standards contained in Title -24, California Code of Regulations. The civil, grading and landscape plans shall address these requirements to the extent possible. 15 102. All areas within the site must be accessible for persons with disabilities. All newly constructed buildings on a site shall have, but are not limited to, the following accessible features: a. Path of travel from public transportation point of arrival b. Routes of travel between buildings c. Accessible parking d. Ramps e. Primary entrances f. Sanitary facilities (restrooms) g. Drinking fountains & Public telephones (when provided) h. Accessible features per specific occupancy requirements 103. Pedestrian access provisions should provide a minimum 48" wide unobstructed paved surface to and along all accessible routes. Items such as signs, meter pedestals, light standards, trash receptacles, etc., shall not encroach on this 4' minimum width. Also, note that sidewalk slopes and side slopes shall not exceed published minimums per California Title 24, Part 2. 104. All dwelling units within a building with elevator access to all floors shall have some level of disabled accessibility or adaptability. 105. Minimum elevator car size (interior dimension) is 68" wide and 51" deep, with a clear door width of 36". 106. Maximum travel distance from any point within the building to an exit shall be 250' unless rated corridors are used. 107. At least one disabled parking space must be van accessible; 9 feet wide parking space and 8 feet wide off- load area. Police Department 108. 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 24 inches 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. 109. Exposed roof vents and ducts shall be grated or constructed of an impact -resistant material to the satisfaction of the Police Department. 110. Perimeter walls, fences, trash storage areas, etc., shall be built to limit if not in fact prevent access to the roof or balconies. 111. 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 -sixteenths inches (9/16") thick. 112. Metal -framed glass doors shall be set in metal door jambs and have a dead -bolt lock with a cylinder guard and a hardened steel throw that is a minimum of one inch (1") long. 113. Exterior jambs for doors shall be so constructed or protected 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. 114. Exterior doors that swing outward shall have non -removable hinge pins. 115_ In -swinging exterior doors shall have rabbeted jambs. 116. 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. 117. 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 inch (1/8") in thickness. The lock shall have a hardened steel throw of one-half inch (1/2") minimum 12 length. Any window in or within 40 inches of an exterior door shall be stationary and non - removable. 118. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture. 119. Any alternative materials or methods of construction shall be reviewed with the Crime Prevention Officer before installation. 120. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to occupancy. 121. Permanently fixed ladders leading to roof areas shall be fully enclosed with sheet metal to a height of ten (10) feet. This covering shall be locked against the ladder with 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. 122. Signs shall be posted and drivewaysicurbs/parking areas shall be painted red which have emergency access lanes. 123. 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. 124. All exterior lighting shall be vandal -resistant. 125. All exterior lighting shall be on a master photoelectric cell set to operate during hours of darkness. 126. A minimum of one -foot candle at ground level overlap shall be provided in all exterior doorways, walkways, and vehicle parking areas. 127. An illuminated diagram (scaled schematic drawing of the floor plan) shall be positioned at each entrance of the condominium building. The illuminated diagram shall indicate the location of the viewer and each individual unit within the condominium building. Use Permit (UP05-032) 128. This Use Permit grants a height bonus to exceed 36 feet pursuant to General Plan Policy LU -15 (Height Bonuses) and is subject to all conditions outlined for Environmental and Design Review Permit ED04-102. I, JEAR9NE M. LEONCINI, 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 7'h of August, 2006, by the following vote, to wit: AYES: Councilmembers: Heller, Miller, Phillips and Mayor Baro NOES: Councilmembers: None ABSENT: Councilmembers: Cohen ABSTAIN: Councilmembers: None 17 ft 1 i I 4203 Lincoln: Neighborhood Height Comparison: Address # Floors Height 729 4th 5 56'2° . 805 4th 3 -40' 700 5th 2 -30' 100 Laurel P(. 3 38' 231 Laurel 4 50' 1103 Lincoln 2 -30' 1215 Lincoln 3 -40' 1315 Lincoln 3 --40' 1323 Lincoln 3 -35' 1327 Lincoln 3 391611 1330 Lincoln 3 -30' 1351 Lincoln 3 36'1" 820 Mission 4 -45' 814 Mission 4. --45' 4 114 7 RA; -;-n 3 -401 Avera a 3.2 1 38.6' Ht. Verified Thruogh: PL BL MF Site Apx x x x x x x x x x x x x x x x EXHIBIT IC w M EXHIBIT 2A f •i F Si.ril'iA M1tF n.� qi Q ' f � i w M EXHIBIT 2A z 0 j LU z z Ln ®� � T- 0 W A� cm 0 CL m EXHB-F auk - y I cpas pa►rnb�p EXHIBIT 3A L 74 EXHIBIT 3A Building Setbalcks Lincoln Ave from Palorna td Mission Ave. _Address' Disiance fLom Aid feet 1369 Lincoln Ave. 4.8,3' 1363 Lincoln Ave. 113.70', 1357 1-incoln Ave. 24.10? 1349 Lincoln Ave. 10.10 1w) Lincoln Ave. 6.80, 1339 Lincoln Ave: 43.10' 1327 Lincoln Ave. 10.40' 1323 Lincoln Ave. 10,20' 1315 Lincoln Ave. 15.20' 110 Laurel P1. 13.60' 1215 Lincoln Ave. 18-9.01 211 Lincoln Ave, 1 n 118.801 1203 Lincoln Ave. 4.16' 790 Mission Ave. 4.02' 1214 Lincoln AVe. 14.501 1290 Lincoln A e. 2.80 1302 Lincoln Ave. 1306 Lincoln Ave. 1310 Lincoln Ave. 11710° 1314 Lincoln Ave- 10-40' 1318 Lincoln Ave. 20.00' 1322 Lincoln Ave- 17.20, 1330 Lincoln Ave. 13.00, 1342 Lincoln Ave. 10.50, 1350 Lincoln Ave. 10.00, 1356 Lincoln Ave. 11.50° 1358 Lincoln Ave- 8.54* 1360 Lincoln Ave, 117.30' 1368 Lincoln Ave. 13.00' 1380 Upcoln Ave. 12.70° Data gathered from 2004 aerial photographs. 7/20/2005 gom Sutali_ons. 1. Arithmetic Mean': 424.851/30 =14.16' 2.. Median (13.60'+13.70')/2=13.65' 3. Mode*: 113-00' 'Arithmetic Mean: To Divide the sum of a set of terms by the numbe,r of terms in a sequence. The center most number of an ordered set. OMode: The most frouently occurring number in an ordered set. EXHUT 3B NOTICE OF PUBLIC HEARING Exhibit 6 You are invited to attend the Planning Commission N PROJECT: 1203 and 1211 Lincoln Avenue (Corner of Lincoln Ave. and Mission Ave.) - live Map (Condominium), Environmental and Design Review Permit and Use Permit approvals fc ium project in a 45 foot tall building with four floor levels over ground level parking, including height and state density bonus with six affordable units, and tandem parking as a density bonus concession, located on a 0.68 -acre corner property in the Downtown area. The Vesting Tentative Map and related entitlements were automatically extended by State action through August 7, 2015. A timely extension request was filed June 23, 2015; APN: 011-184-08 and 011-183-10; High Density Residential (HR1) District; Lafayette Capital Group, Inc., owner/applicant; File No(s): TS15-004, ED15-054 & UP15-023 (Current File Numbers TS05-001, ED08-071 and UP08-046). As required by state law, the project's potential environmental impacts have been assessed. An Environmental Impact Report was certified by the City Council on August 7, 2006. No further environmental review is required for grant of a time extension MEETING DATE/TIME/LOCATION: Tuesday, October 13, 2015, 7:00 p.m. City Council Chambers, 1400 Fifth Ave at D St, San Rafael, CA. FOR MORE INFORMATION: Contact Kraig Tambornini, Project Planner at (415) 485-3092 or kraig.tambornini@cityofsanrafael.org. You can also come to the Planning Division office, located in City Hall, 1400 Fifth Avenue, to look at the file for the proposed project. The office is open from 8:30 a.m. to 5:00 p.m. on Monday and Thursday and 8:30 a.m. to 12:45 p.m. on Tuesday, Wednesday and Friday. You can also view the staff report after 5:00 p.m. on the Friday before the meeting at http://www.cityofsanrafael.org/meetinqs WHAT WILL HAPPEN: You can comment on the project. The Planning Commission will consider all public testimony and decide whether to approve or deny the application. IF YOU CANNOT ATTEND: You can send a letter to the Community Development Department, Planning Division, City of San Rafael, P. O. Box 151560, San Rafael, CA 94915-1560. You can also hand deliver it prior to the meeting. At the above time and place, all letters received will be noted and all interested parties will be heard. If you challenge in court the matter described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered at, or prior to, the above referenced public hearing (Government Code Section 65009 (b) (2)). Appeals of decisions by the Planning Commission to the City Council shall be made by filing a notice thereof in writing with the required fee to the Planning Division of the Community Development Department within 5 working days of a decision involving Title 14 (Zoning) (SRMC Section 14.28.030) or within 10 calendar days of a decision involving Title 15 (Subdivisions) (SRMC 15.56.010). Sign Language and interpretation and assistive listening devices may be requested by calling (415) 485-3085 (voice) or (415) 485-3198 (TDD) at least 72 hours in advance. Copies of documents are available in accessible formats upon request. Public transportation to City Hall is available through Golden Gate Transit, Line 22 or 23. Para -transit is available by calling Whistlestop Wheels at (415) 454-0964. To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products. �.c�n or NOTICE OF PUBLIC HEARING — PLANNING COMMISSION i.�^•�r'�' all You are invited to attend the Planning Commission hearing on the following proposed project: PROJECT: 1203 and 1211 Lincoln Avenue (Corner of Lincoln Ave. and Mission Ave.) — Request for Time Extensions to Vesting Tentative Map (Condominium), Environmental and Design Review Permit and Use Permit approvals for construction of a 36 -unit residential condominium project in a 45 foot tall building with four floor levels over ground level parking, including height and state density bonus with six affordable units, and tandem parking as a density bonus concession, located on a 0.68 -acre corner property in the Downtown area. The Vesting Tentative Map and related entitlements were automatically extended by State action through August 7, 2015. A timely extension request was filed June 23, 2015; APN: 011-184-08 and 011-183-10; High Density Residential (HR1) District; Lafayette Capital Group, Inc., owner/applicant; File No(s): TS15-004, ED15-054 & UP15-023 (Current File Numbers TS05-001, ED08-071 and UP08-046). As required by state law, the project's potential environmental impacts have been assessed. An Environmental impact Report was certified by the City Council on August 7, 2006. No further environmental review is required for grant of a time extension MEETING DATE/TIME/LOCATION: Tuesday, October 13, 2015,7:00 p.m. City Council Chambers, 1400 Fifth Ave at D St, San Rafael, CA. FOR MORE INFORMATION: Contact Kraig Tambornini, Project Planner at (415) 485-3092 or kraig.tambornini@cityofsanrafael.org. You can also come to the Planning Division office, located in City Hall, 1400 Fifth Avenue, to look at the file for the proposed project. The office is open from 8:30 a.m. to 5:00 p.m. on Monday and Thursday and 8:30 a.m. to 12:45 p.m. on Tuesday, Wednesday and Friday. You can also view the staff report after 5:00 p.m. on the Friday before the meeting at http://www.citvofsanrafael.org/meetings WHAT WILL HAPPEN: You can comment on the project. The Planning Commission will consider all public testimony and decide whether to approve or deny the application. IF YOU CANNOT ATTEND: You can send a letter to the Community Development Department, Planning Division, City of San Rafael, P. O. Box 151560, San Rafael, CA 94915-1560. You can also hand deliver it prior to the meeting. At the above time and place, all letters received will be noted and all interested parties will be heard. If you challenge in court the matter described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered at, or prior to; the above referenced public hearing (Government Code Section 65009 (b) (2)). Appeals of decisions by the Planning Commission to the City Council shall be made by fling a notice thereof in writing with th Exhibit 6 — PC Notice Development Department within 5 working days of a decision involving Title 14 (Zoning) (SRMC Section 14.28.030) or within PC Meeting October 13, 2015 (Subdivisions) (SRMC 15.56.010). Sign Language and interpretation and assistive listening devices may be requested by calling (415) 485-3085 (voice) or (415, documents are available in accessible formats upon request. Public transportation to City Hall is available through Golden Ga Whistlestop Wheels at (415) 454-0964. To allow individuals with environmental illness or multiple chemical sensitivity to atter from wearing scented products. Exhibit 7 820 Mission Avenue Homeownerg Hssuuiacion Board 820 Mission Avenue San Rafael, CA 94901 October 4, 2015 Community Development Department Planning Division, City of San Rafael P.O. Box 151560 San Rafael, CA 94901 Dear Members of the Planning Commission: The residents of 820 Mission Avenue, the building adjacent to the proposed condominium complex at 1203 and 1211 Lincoln Avenue, are pleased that planning for its development is proceeding. We have been concerned about the squatters and the disposal of refuse on the site. We are looking forward to first learning about the new plans before formally commenting. At this stage we anticipate commenting on architectural compatibility, traffic, scale and privacy and hope these topics are covered on the 131h. We informed our members about the meeting and received the following comments, based on the 2005 Environmental and Design Review. Of course these plans may not be relevant today, but did serve to help elicit our concerns. 1. Entrance and egress to minimize congestion • It is difficult to exit our building during peak travel times in the morning and evening. Thirty-six units will add significantly to the congestion. • Is there a traffic study that addresses the impact of SMART and these additional units on the Lincoln/Mission intersection? • Will the entrance be located on Lincoln Avenue? 2. Parking provisions • Parking in the garage is in tandem; have off-street parking spaces been planned for guests and service providers so that the spaces in front and in back of our building will not the usurped? • Will the trash pickup be on Lincoln Avenue? 3. Building design and privacy concerns of 820 Mission Ave residents • Will the building design be architecturally consistent with the neighborhood? • Will the building reach a height equal to but not taller than 820 Mission? Exhibit 7 — Public Comments PC Meeting October 13, 2015 • Will the windows and balconies on the western side of the complex take into consideration the privacy of the residents and neighbors? We do, however, feel that the number of condominiums planned is too great for the space and for the traffic that will be generated in a location close to the center of town, the entrance to Highway 101 and the SMART crossing. We ask you to incorporate solutions to our concerns as you make your decision to approve the application. Very truly yours, Ingrid L. Mueller HOA President