HomeMy WebLinkAboutCC Resolution 10896 (1115 Pt. San Pedro Master Use Permit)RESOLUTION NO. 10896
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MASTER USE
PERMIT (UP00-09), ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED00-27)
AND VESTING TENTATIVE MAP (TS00-03) FOR TliE CHAPEL COVE
RESIDENTIAL DEVELOPMENT AT 1115 POINT SAN PEDRO ROAD
(APN 184-052-08)
WHEREAS, on March 1, 2000, Paramount Homes submitted applications to the City
of San Rafael requesting approval of a planned development to create 15 residential lots for
13 market rate detached single-family homes, two attached below market rate homes, a 0.64 -
acre private park, streets, landscaping, easements for drainage and landscaping across a
drainage ditch and for private open space across the wooded eastern hillside, and two parcels
("A" and `B") to be retained by the Archdiocese of San Francisco for the historic St.
Sylvester's Chapel and related parking; and
WHEREAS, the applications included concurrent requests for a Neighborhood Plan
Amendment (P00-10), Planned Development (PD) District Rezoning (ZC00-04), Master Use
Permit (UP00-09), Environmental and Design Review Permit (ED00-27) and Vesting
Tentative Map (TS00-03); and
WHEREAS, upon review of the applications, a Mitigated Negative Declaration was
prepared for the project and made available for public review on April 30, 2001, consistent
with the requirements of the California Environmental Quality Act (CEQA); and
WHEREAS, the City Council has approved the Mitigated Negative Declaration by
adoption of a separate resolution; and
WHEREAS, on May 29, 2001, the City of San Rafael Planning Commission held a
duly noticed public hearing on the proposed Master Use Permit, Environmental and Design
Review Permit and Vesting Tentative Map, accepting all oral and written public testimony
and the written report of the Community Development Department staff, and
WHEREAS, the Planning Commission recommended approval of the Master Use
Permit, Environmental and Design Review Permit and Vesting Tentative Map in Resolution
No. 01-28; and
WHEREAS, on August 6, 2001, the City of San Rafael City Council held a duly
noticed public hearing on the proposed Master Use Permit, Environmental and Design
Review Permit and Vesting Tentative Map, accepting all oral and written public testimony
and the written report of the Community Development Department staff.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Rafael does hereby approve the proposed Master Use Permit, Environmental and
Design Review Permit, and Vesting Tentative Map, based on the following findings and
subject to the conditions of approval below:
Findings
Master Use Permit
The proposed residential, park/open space, and church uses, as conditioned, are in
accord with the General Plan, the Peacock Gap Neighborhood Plan, as amended
(P00-10), the objectives of the Zoning Ordinance, and the purposes of the PD District
in which the site is located and the Wetland Overlay District in that the General Plan
Low Density Residential land use designation and the Planned Development zoning
district regulations permit the proposed residential, open space and church uses at the
designated density.
2. The proposed residential, park/open space and church uses, together with the
conditions applicable thereto, will 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 Mitigated Negative Declaration has been
prepared and adopted for the project pursuant to the provisions of the California
Environmental Quality Act (CEQA), and the project has been reviewed by all
appropriate City Departments and permitting agencies and has been conditioned
accordingly to avoid such detriment.
3. The proposed residential, park/open space and church uses comply with each of the
applicable provisions of the Planned Development (PD) District contained in the
Zoning Ordinance and all other applicable provisions of the Zoning Ordinance, as
discussed in Use Permit Finding 1 above, as well as discussed in the PD District and
Environmental and Design Review Permit Findings made for the project.
4. The proposed project, as conditioned, includes enhancement to the existing
jurisdictional drainage ditch through landscaping and irrigation as shown on Sheet 2
of the Landscape Plans, establish a 25 -foot wide drainage and landscape maintenance
easement over the drainage ditch for maintenance purposes, and establish a 50 -foot
bufferibuilding setback area consistent with the requirements of the Wetland Overlay
District of the Zoning Ordinance Section 14.13.040.
The proposed fill of small, isolated jurisdictional wetland areas totaling .007 acres
(295 square feet) and a .007 -acre (305 square feet) portion of the drainage channel
cannot be avoided under the proposed plan and an exception to the fill regulations is
requested pursuant to Section 14.13.040G of the Wetland Overlay District regulations
based on the finding that the total proposed area of fill, .014 acres, is significantly
less than one acre in area and there is no net loss in quantity or quality of wetlands
because of the wetland habitat enhancements that will pertain to the entire 700 -foot
length of the 25 -foot -wide drainage ditch easement area and establishment of a 50 -
foot building setback buffer area.
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Environmental and Design Review Permit
6. The project design and Development Plan prepared for the project, as conditioned,
are in accord with the General Plan, the Neighborhood Plan, as amended (P00-10),
objectives of the Zoning Ordinance, and the purposes of this chapter in that the
Design Review Board has reviewed the project for compliance with the General Plan
Policies and Peacock Gap Neighborhood Plan Policies and the Landscape, Parking,
Building and Site Design Criteria in the Zoning Ordinance, and has recommended
that the project meets the established criteria by providing a high quality design and
materials that are appropriate for the site and neighborhood.
7. The project design and Development Plan are consistent with all applicable site,
architecture and landscaping design criteria and guidelines for the district in which
the site is located in that said criteria have been established under a Planned
Development District which is in compliance with the General Plan, the Planned
Development zoning regulations and the surrounding development.
8. The project design minimizes adverse environmental impacts as follows:
a. Establishment of a 25 -foot wide easement area, to be appropriately fenced and
planted with native vegetation, and minimum building setbacks of 50 -feet are
proposed from the drainage ditch.
b. Proposed landscaping along the Point San Pedro Road frontage and construction
of a sound wall there would reduce noise from the road to levels consistent with
General Plan standards for residential use.
c. Installation of sound rated windows for the house at Lot 14 would enable interior
noise levels to meet General Plan residential noise standards.
d. Replanting four 15 -gallon coast live oak trees for the two coast live oak trees to
be removed would provide adequate mitigation for loss of significant trees.
e. Provision of an open wire fence design at the rear of the homes on Lots 1 through
3 adjacent to the wooded hillside (to be retained in private open space) would
permit movement of small animals.
f. Installation of irrigation and landscaping in the drainage ditch would enhance its
functioning as a bioswale to remove water pollutants from storm runoff on site.
9. The project design would not be detrimental to the public health, safety or welfare,
nor materially injurious to properties or improvements in the vicinity in that the
project has been reviewed by all appropriate City Departments and permitting
agencies and conditioned accordingly and the potential environmental impacts of the
project were assessed pursuant to the California Environmental Quality Act, a
Mitigated Negative Declaration was prepared for the project and modifications are
included in the project design which reduce impacts to less -than -significant levels.
Vesting Tentative Map
10. The Vesting Tentative Map complies with the requirements of the Subdivision Map
Act and with the City of San Rafael's Subdivision Ordinance (Title 15) in that the
parcels meet the minimum parcel size of 5,000 square feet and minimum width of 50
feet, and satisfy the required findings below.
11. As conditioned, the proposed subdivision, together with its design and improvements,
is consistent with the objectives, goals, policies and general land uses of the General
Plan (as required by the Subdivision Map Act Section 66473.5) in that:
a. The subdivision would create developable parcels to implement land uses and
building intensities permitted under the Low Density Residential General Plan
land use designation; and
b. The subdivision is consistent with the General Plan and Peacock Gap
Neighborhood Plan, as amended (P00-10), in that project would provide an
approximately 2.3 -acre buffer surrounding the 15 lots consisting of the drainage
channel/easement, private park, and private open space easement over the east
wooded hillside, as shown on the General Plan Land Use Map and the
Neighborhood Plan Map P2.
12. The site is physically suitable for the proposed type and intensity of development
based on the following:
a. The site and project were reviewed by the Design Review Board, which
determined that the project is in conformance with the design criteria in the
General Plan and Zoning Ordinance Chapter 25.
b. A Mitigated Negative Declaration was prepared for the project, which contains
information evaluating and supporting the suitability of the site for the proposed
development.
c. Adequate services and utility systems are available to serve the proposed uses.
d. Adequate area is provided for required parking and landscape improvements.
13. The design of the subdivision and proposed improvements are not likely to cause
substantial environmental damage, or substantial and avoidable injury to fish, wildlife
or their habitats or cause serious public health problems based on the determinations
made in the Mitigated Negative Declaration and given that the subdivision establishes
new property lines on an existing developed site which has not been found to contain
sensitive wildlife nor significant wildlife habitat. Mitigation measures would be
implemented to reduce impacts to less -than -significant levels.
14. As conditioned, the subdivision does not conflict with any existing or required
easements because the emergency vehicle access easement would be retained and
easements for access to the park for existing adjacent residential lots would be
required.
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15. The City has balanced the regional housing needs against the public service needs of
its residents and available fiscal and environmental resources and concludes that
adequate public services are available for the site based on existing service providers
expressed ability to provide service, the subdivision would not impact environmental
resources and meets an identified housing need given that: a) the site is in an
urbanized area where public services are available; b) potential impacts on the site's
wetlands have been mitigated, as detailed in the Mitigated Negative Declaration
prepared for the project; and c) the 15 -unit residential development includes 2 below
market rate units consistent with the General Plan Housing Element.
16. The design of the subdivision provides, to the extent feasible based on balancing the
need to create a design compatible with the neighborhood with solar energy needs,
for future passive or natural heating or cooling opportunities given the size, shape and
topography of the parcels provide for building placements and design which can
satisfy building code, Title 24 requirements.
17. Approval of the proposed subdivision would not be detrimental to the health, safety
or welfare of the surrounding development in that the potential environmental
impacts have been assessed pursuant to the provisions of the California
Environmental Quality Act (CEQA) and mitigated through the project design and
conditions of approval.
Conditions of Approval
Master Use Permit
1. Except as modified herein, the Master Use Permit (UP00-09) authorizes development of
the 9.41 -acre site in accordance with the Planned Development (PD) District approval
(ZC00-04), which lists the permitted uses and development standards for development of
the site and the associated Development Plan. Approved uses consist of. 1) 15 single-
family homes; 2) private park; 3) drainage ditch, wetland buffer, and open space areas;
and 4) church and related parking.
2. The Community Development Director may review and approve amendments to the
Master Use Permit which are within the limits of the approved PD District (ZC00-04) and
the PD zoning regulations.
3. Development of the site (i.e. the building design and locations, scale, architecture,
landscaping and similar improvements) shall be completed in accordance with a valid
(i.e. not expired) Environmental and Design Review Permit approval.
4. The Use Permit shall be subject to the Environmental and Design Review Permit (ED00-
27) conditions of approval.
5. All project mitigation measures specified in the Negative Declaration Mitigation
Monitoring and Reporting Program shall be completed.
6. The property owner agrees as a condition of the approval of this permit to defend at his
sole expense any action brought against the City because of the approval of this permit.
The property owner shall reimburse the City for any court costs and attorney's fees which
the City may be required by a court to pay as a result of such action. City may, at its sole
discretion, participate in the defense of any such action but such participation shall not
relieve applicant of his obligations under this condition.
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7. This Master Use Permit shall be valid for a period of two years, or until August 6, 2003,
and shall be null and void unless a building permit is issued and construction diligently
pursued, or a time extension is requested.
S. The Wetland Management Plan is approved and shall be implemented.
9. No pile driving shall be allowed.
Environmental and Design Review Permit
10. Except as conditioned herein, building techniques, materials, elevations, landscaping and
appearance of this project, as presented for approval, shall be the same as required for the
issuance of a building permit. Any future additions, expansions, remodeling, etc. shall be
subject to the review and approval of the Planning Division.
11. This Environmental and Design Review Permit is subject to the adopted PD zoning
regulations (ZC00-04) and all conditions of approval applicable to the Master Use Permit
(UP00-09).
12. This Environmental and Design Review Permit (ED00-27) shall be valid for two years
from approval or until August 6, 2003, and shall be null and void if a building permit is
not issued or a time extension granted.
13. City review and approval of a Sign Permit shall be required for project entry signage,
consistent with the Sign Ordinance regulations.
14. To meet the City's General Plan standards for indoor noise of 40dB or less for bedrooms
and 45 dB or less for other areas, sound -rated windows and/or other measures shall be
used for the home constructed on Lot 14 (Mitigation Measure XI.a.1).
15. All construction activities at the site shall be limited to the hours between 7:00 AM and
5:00 PM Monday through Friday. Construction is not permitted on Saturday, Sunday or
City -observed holidays. Construction activities would include delivery of materials, start-
up of construction equipment engines, arrival of construction workers, playing of radios
and other noises caused by equipment and/or construction workers arriving at or on the
site (Mitigation Measure XI.d.1).
16. Prior to issuance of a building permit, the applicant shall submit a letter to the
Community Development Department verifying that the owners of the homes at 200 and
204 Riviera Drive have reviewed and reasonably agreed with the proposed landscape
plan for the EVA.
17. The landscape plans shall be revised to show a ground -level bender board or other
appropriate low-level marker, as approved by the Design Review Board, to establish the
limits of the property for maintenance purposes behind Lots 1 through 4 (Mitigation
Measure IVA).
18. Prior to issuance of building permits, the architectural plans shall be revised to show
additional articulation on side and rear elevations for all house plans and both elevation
styles for each house plan (i.e., "A" and `B") shall be fully depicted in the plans for
review and approval of the Design Review Board.
19. Prior to issuance of building permits, the applicant shall submit an alternative to the
proposed street light fixture that minimizes light and glare subject to review and approval
by the Public Works Director and the Design Review Board.
20. The project developer shall replace the two coast live oak trees to be removed at a 2:1
ratio on site. The trees shall be planted in suitable habitat areas within the preserved open
space on site, preferably within the remaining oak woodland. The required tree size shall
be 15 gallon (Mitigation Measure I.b.1).
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21. A dust control program shall be submitted to the City prior to issuance of a grading
permit subject to review and approval of the Community Development Department. The
project construction contractor shall implement the dust control program as part of
project construction activities. The program shall include, but not be limited to, the
following measures:
a. Water all active construction areas at least twice daily (with recycled water, if
possible).
b. Hydroseed or apply non-toxic soil stabilizers to inactive construction areas
(previously graded areas inactive ten days or more).
c. Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed
stockpiles (dirt, sand, etc.).
d. Replant vegetation in disturbed areas as quickly as possible.
e. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least two feet of freeboard.
f. Install wheel washers for all exiting trucks or wash off the tires or tracks of all trucks
and equipment leaving the site.
g. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways.
h. 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.
i. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging
areas at construction sites. Sweep streets daily (with water sweepers) if visible soil
material is carried onto adjacent public streets.
j. Limit vehicle speeds on unpaved roads and over disturbed soils to 15 miles per hour
during construction.
k. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25
miles per hour.
1. Limit the area subject to excavation, grading, and other construction activity at any
one time (Mitigation Measure IIIb. l )
22. The area between Point San Pedro Road and the soundwall should be densely landscaped.
Coniferous trees, dense hedges and ground cover would suppress air movement and plant
surfaces can capture dust particles. The dead air created by dense vegetation enhances
the deposition of large particles and acts as a sink for road dust from the road surface
(Mitigation Measure III.d.1).
23. The CC&Rs for the project shall contain a detailed disclosure statement regarding the
presence of the existing quarry and impacts associated with its operation and truck traffic
on Point San Pedro Road, including but not limited to air quality/dust, noise and
vibration. While this measure would not change air quality, it would reduce the potential
for nuisance complaints (Mitigation Measure III.d.2).
24. No earlier than 45 days and no later than 20 days prior to the removal of any riparian
and/or woodland habitat that would occur during the nesting/breeding season of native
bird species potentially nesting on the site (March 1 through August 1), a field survey
shall be conducted by a qualified biologist to determine if active nests of special -status
birds, or common bird species protected by the Migratory Bird Treaty Act and/or the
California Fish and Game Code, are present in the construction zone or within 200 feet of
the construction zone. If active nests are found within the survey area, clearing and
construction within 200 feet shall be postponed or halted, at the discretion of the
biological monitor, until the nest is vacated and juveniles have fledged, as determined by
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the biologist, and there is no evidence of a second attempt at nesting (Mitigation Measure
IV.a.1).
25. No earlier than 45 days and no later than 20 days prior to any grading or construction
activity (within 200 feet of abandoned buildings on site) that would occur during the
breeding season of native bat species potentially utilizing the site (April 1 through August
31), a field survey shall be conducted by a qualified biologist to determine if active roosts
of bats are present in the buildings to be removed. If active roosts are found within the
survey area, clearing, grading, and construction within 200 feet shall be postponed or
halted, at the discretion of the biological monitor, until the roost is vacated and juveniles
have fledged, as determined by the biologist (Mitigation Measure IV.a.2).
26. The project developer shall implement Mitigation Measure I.b.1. requiring the
replacement of the two coast live oaks to be removed. To preserve the remaining trees on
site during grading and construction, the project developer shall implement the tree
preservation guidelines in the Horticultural Associates Tree Preservation and Mitigation
Report (Mitigation Measure IV.e.2).
27. An archaeologist shall be present on the project site to monitor grading and construction
activities. Monitoring shall consist of directly watching the major excavation process and
shall occur during the entire workday, on a daily basis until a depth of excavation has
been reached at which resources could not occur. This depth is estimated as usually
about 5 feet below grade at the beginning of the project, but may require modification in
specific cases, to be determined by the monitoring archaeologist based on observed soil
conditions (Mitigation Measure V.b. La).
28. Spot checks shall be performed and shall consist of partial monitoring of the progress of
excavation over the course of the project. During spot checks, all spoils material, open
excavations, recently grubbed areas, and other soil disturbances shall be inspected. The
frequency and duration of spot checks shall be based on the relative sensitivity of the
exposed soils and active work areas. The monitoring archaeologist shall determine the
relative sensitivity of the parcel (Mitigation Measure V.b. Lb).
29. If prehistoric human interments (human burials) are encountered within the native soils of
the parcel, all work shall be halted in the immediate vicinity of the find. The County
Coroner, project superintendent, and the Agency Liaison shall be contacted immediately.
The procedures to be followed at this point shall be as prescribed by law (Mitigation
Measure V.b. Lc).
30. If significant cultural deposits other than human burials are encountered, the project shall
be modified to allow artifacts or features to be left in place, or the monitoring
archaeologist shall undertake the recovery of the deposit or feature. Significant cultural
deposits are defined as archaeological features or artifacts that are associated with the
prehistoric period, the historic era (Mission and Pueblo Periods) and the American era up
to 1900. A representative of the Native American community shall be contacted in all
cases where prehistoric or historic era Native American resources are involved
(Mitigation Measure V.b. Ld).
31. Whenever the monitoring archaeologist suspects that potentially significant cultural
remains or human burials have been encountered, the piece of equipment that encounters
the suspected deposits shall be stopped, and the excavation inspected by the monitoring
archaeologist. If the suspected remains prove to be non-significant or non -cultural in
origin, work shall be permitted to recommence immediately. If the suspected remains
prove to be part of a significant deposit, all work shall be halted in that location until
removal has been accomplished. If human remains (burials) are found, the County
Coroner shall be contacted so that a designated representative can evaluate the discovered
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remains and implement proper contacts with pertinent Native American representatives
(Mitigation Measure V.b. Le).
32. Equipment stoppages shall only involve those pieces of equipment that have actually
encountered significant or potentially significant deposits, and shall not be construed to
mean a stoppage of all equipment on the site unless the cultural deposit covers the entire
building site (Mitigation Measure V.b.1 J).
33. During temporary equipment stoppages brought about to examine suspected remains, the
archaeologist shall accomplish the necessary tasks with all due speed (Mitigation
Measure V.b.l.g). The archaeologist retained as part of Mitigation Measure V.b.l. shall
notify the City if he or she suspects the presence of unique paleontological resources
during project earthmoving activities. The City shall have the authority to temporarily
divert or redirect grading to allow time for evaluation of such resources by a qualified
paleontologist (Mitigation Measure V.c.1).
34. Prior to issuance of a building permit, the final landscaping and irrigation plans shall be
submitted to the Planning Division for review and approval.
35. All landscaping shall be installed prior to the occupancy of the building. The City may
agree to accept a bond for a portion of landscaping improvements not completed. In the
event that a bond is posted for a portion of the site landscaping, it shall cover the amount
estimated for completing the landscaping. All areas proposed for landscaping must be
covered with bark or a substitute material approved by the Planning Division prior to
occupancy.
36. A bond shall not be accepted in lieu of completing the wetland buffer zone landscaping.
37. The landscaping plan shall be reviewed and approved by the Marin Municipal Water
District prior to issuance of building permits.
38. Prior to issuance of building permits, the project shall pay the current Downtown traffic
mitigation fee of $950 per PM peak hour trip generated. Total fees paid for all fifteen
single-family homes shall be $14,250, adjusted in accordance with the "Lee Saylor
Construction Cost Index." This fee is based on the 15 PM peak hour trips that would be
generated by the project times a fee of $950 (Mitigation Measure XV.b.1).
39. The proposed Parcel A and B parking lot pavement shall be marked/painted with
appropriate directional signs/arrows for ingress and egress. This shall be done to the
satisfaction of the Public Works Department prior to issuance of the first certificate of
occupancy.
(Fire Department)
40. All roadways shall be at least 20 feet wide, unobstructed and have an all-weather surface
capable of supporting 40,000 pounds gross vehicle weight.
41. All roadways shall be installed prior to framing.
42. Roadway turning radius shall be not less than 35 feet.
43. An approved hammerhead or cul de sac turnaround shall be installed and be capable of
accommodating Fire Department apparatus.
44. Due to the excessive driveway length, an approved driveway turnout shall be installed
capable of accommodating Fire Department apparatus.
45. Fire lane signs and curb markings shall be installed for all access roadways, parking lots,
and driveway as specified by the Fire Marshal conforming to Fire Prevention Standard
204.
46. Addresses shall be posted conforming to Fire Prevention Standard 205.
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47. Fire hydrants shall be installed capable of supplying the required fire flow. The hydrants
shall be spaced at 300 -foot intervals, spotted by the Fire Marshal, and installed prior to
framing.
48. All fire hydrants shall be Jones Model 3740, installed and painted by the
developer/owner, conforming to Fire Prevention Standards.
49. 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.
50. A permit application shall be submitted to the Fire Prevention Bureau with two sets of
plans for review prior to installation of all automatic and fixed fire extinguishing and
detection systems. Specification sheets for each type of device shall also be submitted for
review.
51. Due to the wildland fire interface area, fire retardant roof covering is required with a
minimum Class "A" listing.
52. Spark arrestors shall be installed conforming to the UBC.
53. Water line and fire flows shall be to the satisfaction of the San Rafael Fire Department
(Mitigation Measure VII.f. La).
54. Buffer areas composed of firebreaks and/or fire retardant landscaping shall be provided
between development and large open space areas (Mitigation Measure VIII Lb).
55. Development adjacent to the private open space (Parcel A and Lots 1 through 3) shall be
designed to minimize fire hazards to life and property, in consultation with the San
Rafael Fire Department. Measures that would be relevant to the proposed project include
the use of landscaping, building materials, and sprinklers (Mitigation Measure VII.£ Lc).
(Police Department)
56. The residences shall be wired for an alarm system in the event an alarm is required.
57. Exterior Lighting:
a. All exterior lighting shall be sufficient to establish a sense of well being to the
pedestrian and to facilitate recognition of persons at a reasonable distance. Type and
placement of lighting shall be to the satisfaction of the Police Department.
b. All garden and exterior lighting shall be vandal -resistant.
c. All exterior lighting shall be on a master photoelectric cell set to operate during hours
of darkness.
d. The minimum of one foot-candle at ground level overlap shall be provided in all
exterior doorways and vehicle parking areas.
e. A minimum of one-half foot-candle at ground level overlap shall be provided on
outdoor pedestrian walkways.
58. Barrier or thorny plants may be added to those locations desired by applicant to deter
access to windows or other areas. A list of barrier plants is available from the San Rafael
Police Department Crime Prevention Office.
59. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture.
Future growth of landscaping must be taken into consideration. Applicant is cautioned to
beware of creating a haven for homeless or transient trespassers.
(Utility and Service Agencies)
60. The requirements for establishment of public utility easements identified in the letter
from PG&E dated September 26, 2000 shall be met prior to recordation of a Final Map.
(Hazardous Materials -Construction: Impacts)
61. Prior to issuance of a grading or building permit, the Marin County Environmental Health
Services, Local Enforcement Agency shall review and approve the building permit plans.
62. Any materials containing asbestos shall be removed in compliance with all applicable
federal, state and local regulations and the requirements of any agency having
jurisdiction. Before removal of any materials suspected to contain asbestos, the
BAAQMD's Enforcement Division shall be notified to determine proper handling
procedures and permit requirements.
Vesting Tentative Map
63. This Vesting Tentative Map approval shall approve a fifteen lot residential subdivision
with three parcels (A, B and C) as shown on the Vesting Tentative Map for Chapel Cove,
prepared by CSW Stuber/Stroeh (printed January 2001), subdividing APN 184-052-08 to
establish Parcel A - St. Sylvester's Chapel (21,849 square feet), Parcel B - Chapel
parking lot (26,333 square feet), Parcel C - park/tot lot (27,688 square feet), 15 residential
lots (5.98 acres), and private open space easement and drainage/landscape maintenance
easement areas (1.67 acres). The Vesting Tentative Map shall be revised to include the
changes to these plans noted herein and any changes required in the conditions of
approval.
64. Strict compliance with all mitigations required by the project Mitigated Negative
Declaration shall be required.
65. A standard subdivision agreement shall be executed, by the applicant, for the construction
of all public and common area site improvements prior to the recordation of the Final
Map.
66. An engineer's estimate shall be submitted for the cost of the proposed improvements. The
estimate shall be subject to approval by the City Engineer.
67. Prior to the approval of the Final Map, subdivision plan review and inspection fees shall
be paid based upon the engineer's estimate.
68. Based on the engineer's estimate, bonding, or other approved security, shall be supplied
to insure the completion of the improvements.
69. Prior to recordation of the Final Map, engineered improvement plans shall be submitted
for the construction of all public and common area improvements.
70. Prior to acceptance of the subdivision improvements, mylar "as builts" for the
subdivision improvements shall be submitted to the Department of Public Works.
71. A Level `B" soils report shall be submitted with the application for a grading permit.
72. The project soils engineer shall review the project plans for compliance with the
recommendations of the project soils report prior to the issuance of a grading permit.
73. All earth, drainage, and foundation work shall be under the direction of the project soils
engineer, and a final report shall be submitted by the project soils engineer prior to the
acceptance of the public improvements.
74. A grading permit shall be required.
75. No mass grading shall be accomplished between October 15`h and April 15�h without the
approval of the City Engineer.
76. All construction on the project site shall comply with the latest seismic safety standards
as specified in Uniform Building Code (Mitigation Measure VI.a.1).
77. Prior to submitting plans for a grading permit, the project geotechnical engineer shall
analyze the probable amount of differential land movement, where it is likely to occur,
and its effects on the proposed buildings. The analysis shall focus on Lots 1, 5, 6, 9, 11
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and 12. Measures to account for the potential differential land movement shall be
incorporated into the final grading plans and project design (Mitigation Measure VI.a.2).
78. During site grading, the project developer shall implement the following measures as
recommended in the Kleinfelder Geotechnical Investigation (December 15, 2000):
a. Install a catchment wall at the toe of the existing slope behind Lots IA, 1B, 2, 3, and
4. The catchment wall can be of wood, concrete or masonry block construction and
shall be at least three feet above final grade on the uphill side (Mitigation Measure
VI.a.3.a).
b. Remove the debris and vegetation and improve the v -ditch at the ravine along the
northeastern boundary of the project site (to reduce the risk of debris collecting
downslope and onto the planned building pad at the base of the slope) (Mitigation
Measure VI.a.3.b).
c. Construct a wall or bulkhead, and a v -ditch along the base of the new cut slope (to
provide for retention of debris that will collect at the base of the slope) (Mitigation
Measure VI.a.3.c).
d. Maintain the wall, ditch, and existing concrete lined ditch (to minimize debris
accumulation) (Mitigation Measure VI.a.3.d).
e. Line the existing drainage ditch on the bench on the north slope (to minimize surface
runoff and debris onto the natural slope)(Mitigation Measure VI.a.3.e).
f. Install a lined v -ditch along the top of the eastern cut slope (to control erosion along
the top of the cut)(Mitigation Measure VI.a.3.f).
g. Trim new finished cut and fill slopes to expose dense materials no steeper than 2:1.
Slopes over 3 feet high shall be planted with fast-growing, deep-rooted ground cover
(to help reduce sloughing and erosion)(Mitigation Measure VI.a.3.g).
79. Prior to any earthmoving on the project site, the project developer shall submit an erosion
control plan to the City of San Rafael. Construction personnel shall implement all
relevant measures of the plan during earthmoving and other construction activities. The
plan shall include, but not be limited to, the following measures:
a. To the extent possible, no earthmoving shall take place during the rainy season
(between November 1 and April 1). Erosion control measures for activities that span
the rainy season shall be in place before it begins.
b. Specific soil stockpile areas shall be designated within the proposed construction
areas, and soils shall not be stockpiled outside of the designated areas. Soils and
other materials shall not be stockpiled near on-site drainage courses.
c. Tarps shall be used to cover any excavation soils during the rainy period.
d. After completion of grading, erosion protection shall be provided. Revegetation shall
be accomplished by mulching, hydroseeding or other appropriate methods, and shall
be initiated as soon as possible after completion of grading, and before November 1.
Selection of plant materials shall consider native plantings and shall encourage shrubs
and trees as a long-term erosion control feature (Mitigation Measure VI.b.1).
80. On-site soil proposed for reuse in building areas shall be free of organic matter and rocks
or hard fragments larger than 4 inches in diameter and also be observed and tested by the
soil engineer prior to placement (Mitigation Measure VI.c.1).
81. Imported fill material, if needed, shall be free of organic matter and rocks or hard
fragments larger than 4 inches in diameter and also be observed and tested by the soil
engineer prior to delivery to the site (Mitigation Measure VI.c.2).
82. Wick drains shall be installed to extract groundwater from the underlying Bay Mud and
help consolidation to occur more quickly. With the use of wick drains, spread footing,
post -tensioned or mat -slab foundations can be considered. However, further analysis will
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be required prior to the preparation of Improvement Plans, to determine the settlement
remaining after the preconsolidation settlement (with wick drains). The pad elevations
will need to be revised or confirmed, and pad elevation changes may require grade
changes along the adjoining streets and in other parts of the subdivision (Mitigation
Measure VI.c.3).
83. Settlement, and differences in settlement, shall be determined along the sanitary sewer
and storm drain systems to identify where grades could be adversely affected after 50-
year settlement. The estimated settlement shall be incorporated into the final design of
the systems (Mitigation Measure VI.c.4).
84. All other, and future geotechnical recommendations by Kleinfelder shall be implemented
(Mitigation Measure VI.c.4).
85. A Storm Water Pollution Prevention Plan (SWPPP), which is required under NPDES for
any development over five acres) shall be submitted for approval by the City Engineer
prior to any construction activities (Mitigation Measure VIII.e.1).
86. Best Management Practices (BMPs) shall be implemented to ensure that water quality is
protected. The BMPs to be implemented shall be chosen in consultation with the
Regional Water Quality Control Board. The construction contractors shall train all site
employees in proper construction BMPs prior to construction activity. In addition, the
developer shall retain a construction manager familiar with NPDES permit requirements
to monitor construction activities (Mitigation Measure VIII.e.2).
87. The developer shall implement actions and procedures established to reduce the pollutant
loading in storm drain systems. The two main categories of these BMPs are "source
control" and "treatment control:"
a. Source control BMPs that shall be implemented include:
1) Public Education/Participation Activities. The Homeowner's Association (HOA)
shall relay information provided by the City to new project residents regarding
pollution prevention.
2) Materials Management Activities. To the extent feasible, the HOA shall
implement the following measures within any common landscaping or other
HOA facilities onsite:
• Materials Use Controls, which include good housekeeping practices (storage,
use and cleanup) when handling potentially harmful materials, such as
cleaning materials, fertilizers, paint, and where possible using safer
alternative products;
• Material Exposure Controls, which prevent and reduce pollutant discharge to
storm water by minimizing the storage of hazardous materials (such as
pesticides) on site, storing materials in a designated area, installing secondary
containment, conducting regular inspections, and training employees and
subcontractors; and
• Material Disposal and Recycling, which includes storm drain system signs
and stenciling with language to discourage illegal dumping of unwanted
materials.
3) Spill Prevention and Cleanup Activities which are directed toward reducing the
risk of spills during the outdoor handling and transport of chemicals, and toward
developing plans and programs to contain and rapidly clean up spills before they
get into a storm drain system.
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4) Illegal Dumping Controls. The CC&Rs for the project shall include a prohibition
on the dumping of waste products (solid waste/liquid waste and yard trash) into
storm drain systems, open space areas, and the drainage ditch.
5) Street and Storm Drain Maintenance Activities. These activities control the
movement of pollutants and remove them from pavement through catch basin
cleaning, storm drain flushing, street sweeping, and by regularly removing
illegally dumped material from the drainage channel.
b. Treatment Control BMPs involve physical treatment of the runoff, usually through
structural means. Types of treatment measures that shall be included in the project
include the use of vegetated bioswales. Bioswale features shall be incorporated into
the perimeter ditch of the subdivision. Irrigation shall be completed to ensure that a
consistent, vegetative cover in the swale is maintained from bank toe to top
(Mitigation Measure VIII.e.3).
88. The project shall maintain a "no net change" in flood storage volume in the lower portion
of the project site. The revised grading plan shall show that no net increase in fill is
occurring for areas below 3.5 feet. The flood storage area shall act as a detention basin
and contain as much runoff as existing, subject to review and approval of the Public
Works Director (Mitigation Measure VIII.h.1).
89. An erosion control plan shall be submitted for approval by the City Engineer. This plan
shall be based upon BMPs.
90. Erosion control plans shall show the methods of controlling erosion and siltation during
and after final grading.
91. All erosion control measures shall be maintained through the first winter after completion
of the construction or longer if necessary to fully stabilize the site.
92. The site shall be "winterized" and all erosion control measures shall be installed prior to
the first day of October.
93. The improvement plans shall show all existing and proposed drainage facilities.
94. A hydraulics and hydrology analysis shall be provided for all drainage systems within the
scope of this project.
95. The improvement plans shall show the location of all existing and proposed sanitary
sewer facilities.
96. Prior to issuance of any construction permits, a letter from the San Rafael Sanitation
District shall be submitted indicating that they have reviewed the plans and reports, and
that the sewer connections to serve this project are available.
97. The existing 10 -foot wide sanitary sewer easement crossing the property shall be
abandoned and any new easements necessary to serve the property shall be granted to the
satisfaction of the San Rafael Sanitation District.
98. Existing sanitary sewer facilities within the existing sanitary sewer easement shall be
abandoned to the satisfaction of the San Rafael Sanitation District.
99. The roadways shall be constructed to the typical sections shown on the Vesting Tentative
Map unless otherwise approved by the City Engineer.
100. The improvement plans shall show the horizontal and vertical alignment of all
roadways. This shall be subject to the approval of the Fire Department and the City
Traffic Engineer.
101. Roadways shall be provided with concrete curb, gutter and sidewalk except as shown on
the submitted Vesting Tentative Map.
102. Existing curb, gutter, and sidewalk along the project frontage on Point San Pedro Road
shall be restored to its original condition if damaged during construction.
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103. All frontage improvements shall be constructed in accordance with the "Uniform
Construction Standards for the Cities and County of Marin."
104. The roadway structural section shall be designed to a Traffic Index of 5.
105. The final roadway section shall be reviewed by the project soils engineer and shall be
subject to the approval of the City Engineer.
106. The improvement plans shall show all existing and proposed utilities.
107. All utility services shall be underground.
108. The improvement plans shall be reviewed and signed by each of the respective utility
companies.
109. Prior to the recordation of the Final Map, letters shall be submitted from each of the
respective utility companies indicating that they have reviewed the Final Map for the
inclusion of any necessary easements.
110. Utilities shall be provided to each of the proposed lots.
111. The Final Map shall be recorded prior to issuance of building permits.
112. Access easements shall be offered to the owners of parcels along Riviera Drive and San
Marino Drive that abut the Parcel C park and shall be shown on the Final Map.
113. Chapel Cove Drive is proposed as a public street and shall be dedicated in fee simple to
the City.
114. Public and private drainage shall be kept separate where possible. Public drainage
systems shall be located within the public easements or street right of way subject to the
approval of the City Engineer.
115. Storm drains in the public street shall be RCP and connected to the existing public storm
drain by means of a manhole.
116. The drainage and landscape maintenance easement behind Lots 5, 6, 7, 8, 13 and 14
shall be private and shall be maintained by the HOA.
117. Street trees shall be provided for the public street as shown on Sheet 1 of the Preliminary
Landscape Plan.
118. The developer shall obtain all necessary permits and agreements from the City, private
property owner, and State regulated agencies to perform work within the wetland marsh.
119. The developer shall install headwall and new flap gate on new storm water pipe crossing
outfall.
120. Prior to issuance of building permits or prior to the recordation of a Final Map,
whichever occurs first, the developer shall pay to the City in lieu parkland dedication
fees in accordance with the provisions of City Ordinance No. 1558.
121. The developer shall enter into a below market rate (BMR) housing agreement with the
City prior to recordation of a Final Map. The BMR Agreement shall include rental
restrictions upon any future second unit within the BMR homes, which shall be recorded
with the Final Map, subject to the approval of the City Attorney.
122.Pad elevations and home foundations shall be lowered on Lots 9 and 12 for a total
reduction in building height of 3 feet on each lot. This reduction shall be verified prior to
issuance of a building permit.
123.The City shall be identified as a third party in interest in the CC&Rs for maintenance of
project drainage facilities and the park.
124.The CC&Rs shall include a requirement that homeowners who install pools shall
connect them to the sanitary sewer for any overflow or wasteline discharges from the
pool filter.
125. Parking for the Chapel shall be maintained throughout project development.
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I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting
of the City Council of the City of San Rafael, held on Monday, the sixth day of August,
2001, by the following vote, to wit:
AYES: Councilmembers: Heller, Miller, Phillips & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: Cohen
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JE M. LEONCINI, City Clerk