HomeMy WebLinkAboutCC Resolution 9886 (Vista Marin Subdivision)RESOLUTION 9 8 8 6
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING
TENTATIVE SUBDIVISION MAP, USE PERMIT AND ENVIRONMENTAL
AND DESIGN REVIEW APPLICATIONS FOR A 49 SINGLE FAMILY LOT
SUBDIVISION (VISTA MARIN), SCETTRINI DRIVE
(AP #180-124-02)
WHEREAS, on July 1, 1996, applications requesting a Zone Change, a Tentative Subdivision
Map, a Use Permit and an Environmental and Design Review Permit for the above referenced
project were submitted to the Planning Department for review and processing; and,
WHEREAS, an Initial Study and Mitigated Negative Declaration were prepared by staff which
determined that the project would not create significant environmental impacts; and
WHEREAS, the design of the project was reviewed by the Design Review Board on July 16,
1996, September 4, 1996, October 8, 1996 and November 6, 1996 for consistency with General
Plan design policies, City Zoning Ordinance Design Standards and the City's Hillside Design
Guidelines; and
WHEREAS, the design of the project was recommended for approval by the Design Review
Board on November 6,1996; and
WHEREAS, the Planning Commission held public hearings on the adequacy of the Negative
Declaration and has adopted a resolution recommending that the City Council adopt the
Negative Declaration; and
WHEREAS, on May 13, 1997, the San Rafael Planning Commission held a duly noticed Public
Hearing on the proposed Zone Change (ZC 96-6), Tentative Subdivision Map (TS 96-2), Use
Permit (UP 96-36) and Environmental and Design Review Permit (ED 96-58), accepting public
testimony and the written report of the Planning Department staff; and
WHEREAS, on June 16, 1997, the San Rafael City Council held a duly noticed Public Hearing
on the proposed Zone Change, Tentative Subdivision, Use Permit and Design Review
applications, accepting public testimony and the written report of the Planning Department
staff; and,
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council of the City of San
Rafael hereby approves the Tentative Subdivision Map (TS 96-2), Use Permit (UP 96-36) and
Environmental and Design Review Permit (ED 96-58) applications based on the following
findings and conditions of approval (Exhibit A):
1. The proposed location and design of the residential use is in accord with the objectives of this
Title and the purposes of the district in which the site is located. The operation of the 49 unit
single family residential subdivision, together with conditions of approval, is consistent with
the General Plan land use designation of Hillside Residential. Specifically, the proposal is
consistent with General Plan policies LU -19, LU -24, LU -34, LU -35, LU -36, NE -20, NG -14, C-4,
C-7, C-18, R-4, H-19, H-23, S-7, NE -13, NE -14, NE -15, NE -23, LU -29, S-1, S-4, S-5, S-6 and S-11.
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Furthermore, single family residential uses are conditionally permitted, with the approval of a
use permit, in the PD -WO -H (Planned Development -Wetland Overlay -Hillside) zoning district
and the use is in accord with the objectives of the Zoning Ordinance.
2. The proposed residential use, as conditioned, conforms to the development standards as
listed in the Planned Development -Wetland Overlay -Hillside zoning district for the density of
residential units, location of residential units, required building setbacks and on-site parking.
3. The physical location of the proposed residential project on the site and the proposed
residential use is compatible with and relates harmoniously to the surrounding residential and
commercial uses in the neighborhood in that 5 lots/housing sites were eliminated from the
subdivision design, varied/ staggered sideyard setbacks are provided to reduce the mass of the
project, the Below Market Rate units were also relocated to "break up" the massing of the upper
row of units, additional landscaping between homes and in the "buffer" located adjacent to the
wetland is incorporated into the landscape plan to provide a transition between the wetlands, a
substantial landscape buffer, which includes the construction of 6 foot high solid fences along
all of the rear property lines of the downslope homes, will insure that privacy is maintained for
the residents of the adjacent Gables development and landscaping and fencing is also provided
to screen the guest parking area (located adjacent to Lot #49).
4. As conditioned, the design, establishment, maintenance or operation of the proposed
residential project will not under the circumstances of the particular case, be detrimental to the
health, safety, peace, morals, comfort and general welfare of persons in the neighborhood of
such proposed use or be detrimental or injurious to property and improvements in the
neighborhood or general welfare of the City in that all on-site parking requirements have been
met and the project design meets all the requirements of the Police, Fire and Public Works
Departments, including requirements regarding potential hazardous soils conditions.
5. The Environmental and Design Review application conforms to the design standards
established in the General Plan 2000, the Criteria For Approval listed in Section 14.25.050 of the
Zoning Ordinance, the guidelines of the PD -WO -H zoning district and the City's Hillside
Design Guidelines in that the project will not result in the obstruction of any scenic vista or
create an aesthetically offensive view because several "visual breaks" have been incorporated
into the project design on the upper row of units; the building setbacks are varied and
staggered; the effective visual bulk of the development has been reduced so that the structures
do not "stand out" prominently when seen from a distance or from downhill properties; the
building forms conform to the site topography; the form, mass, profile and architectural
features of the individual buildings are designed to blend with the natural terrain and preserve
the character and profile of the slope, and the roof forms are "broken" into compositions of
smaller components to reflect the irregular forms of the hillside setting.
6. The development Plan is consistent with the General Plan, adopted neighborhood
plans and other applicable City plans or policies because the project is consistent with
the following General Plan Policies: LU -19, LU -24, LU -34, LU -35, LU -36, NE -20, NG -14,
C-4, C-7, C-18, R-4, H-19, H-23, S-7, NE -13, NE -14, NE -15, NE -23, LU -29, S-1, S-4, S-5, S-6
and S-11.
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7. The residential development will constitute a residential environment of sustained
desirability and stability in harmony with the character of the surrounding neighborhood, and
where applicable, adequate open space shall be provided because development standards are
incorporated in the planned district and the proposed 49 residential units have been reviewed
by the City's Design Review Board and through project revisions, the development is a design
compatible with the surrounding neighborhood.
8. The applicant demonstrates that public facilities are provided to serve the anticipated
population because the site is located in an area that is developed and public facilities are
available and will be installed as part of the project.
9. The development is improved by deviations from typical Zoning Ordinance property
development standards because the development has been reviewed by the City's Design
Review Board and through revisions the project has developed standards and designs that are
compatible with the neighborhood.
10. The auto, bicycle and pedestrian traffic system is adequately designed for circulation
needs and public safety in that emergency vehicle access is provided to serve the
proposed development. The project has been reviewed and conditioned by the
appropriate agencies.
11. The subdivision map complies with the requirements of the Subdivision Map Act and the
City of San Rafael Subdivision Ordinance because the subdivision is proposed to be a
Planned District and the City Subdivision Ordinance states that where a Planned District
has been approved, the Planning Commission may make exceptions for the required 50 ft.
lot width, 80 ft. lot depth and 5,000 sq. ft. minimum lot area requirements.
12. As conditioned, approval of the proposed subdivision would be consistent with applicable
General Plan Policies, consistent with the open space plan and consistent with the Land Use
Designation of Hillside Residential in that the proposed parcels are of a sufficient size to
accommodate the uses permitted in the General Plan and the site is not part of the open
space plan.
13. The design or improvements of the proposed subdivision are consistent with applicable
General Plan Policies in that the proposed parcels, street and utility improvements have
been designed considering safety and capacity requirements and have been reviewed and
conditioned by the Fire and Public Works Departments accordingly.
14. 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 and mitigated through project design and recommended conditions of
approval.
15. Based on the review by the Design Review Board and the information contained in the
Negative Declaration and this report, the site is physically suited for the proposed type and
intensity of development.
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16. The design of the subdivision provides, to the extent feasible based on balancing the need to
create a design compatible with the neighborhood and with solar energy needs, for future
passive or natural heating or cooling opportunities as there is adequate area on each lot for
future natural heating or cooling opportunities.
17. The project complies with all wetland regulations contained in Chapter 13 (Wetland
Overlay District) in that property development standards have been met and the wetland
boundary was determined in accordance with the procedures specified in the Federal Manttal for
Identifying and Delineating Jitrisdictional Wetlands.
I, JEANNE M. LEONCDO, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of
the City Council of said City held on Monday the 21st day ofuj ly
1997' by the following vote, to wit:
AYES: COUNCILMEMBERS :Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS :None
ABSENT: COUNCILMEMBERS: None
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J e M. Leoncini, C Clerk
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EXHIBIT A
CONDITIONS OF APPROVAL:
ZC 96-6
PLANNING DEPARTMENT
1. Parcel 180-124-02 is zoned PD -WO -H. All development on this parcel,
including Parcel A, the 2.4 acre private street (Scettrini Drive) and the
49 single family homes, shall be consistent with the specific
development standards set forth in the PD district.
TS 96-2
FIRE DEPARTMENT
2. All roadways shall have an all weather surface capable of supporting 40,000
pounds gross vehicle weight.
3.The net overhead vertical clearance for all access roadways and driveways
shall be greater than 13 ft. 6 inches.
4. All roadways shall be installed prior to framing.
5. No Parking Fire Lanes signs and curb markings shall be installed for all access
roadways, parking lots and driveways as specified by the Fire Marshal
conforming to Fire Prevention Std. 201.
PUBLIC WORKS DEPARTMENT
6. A Final Subdivision Map shall be recorded.
7. Prior to recordation of the Final Map, engineered improvement plans shall be
submitted for the construction of all public and common area improvements.
8. All easements to be created shall be shown on the Final Map.
9. Any existing assessments on the property shall be segregated to the new
parcels created.
10. Prior to acceptance mylar "As builts" of the public improvements shall be
submitted.
11. The improvement plans shall shove all existing and proposed utilities.
12. All utility services shall be underground.
13. The improvement plans shall be reviewed and signed by each of the
respective utility companies.
14. The improvement plans shall show the horizontal and vertical alignment of
roadways. This shall be subject to the approval of the Fire Department
and the Traffic Engineer.
15. The roadway structural section shall be designed to a minimum Traffic Index
of "5".
16. The improvement plans shall show all existing and proposed drainage
facilities.
17. The improvement plans shall show the location of all existing and proposed
sanitary sewer
facilities.
18. 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.
19. An engineers estimate shall be submitted for the cost of the proposed
improvements. The estimate shall be subject to approval by the City
Engineer.
20. Based on the Engineers estimate, bonding or other approved security, shall be
supplied to insure the completion of improvements.
21. Prior to approval of the Final Map, plan check and inspection fees shall be
paid based on the Engineer's estimate.
PLANNING DEPARTMENT
22. The tentative subdivision map shall approve a 49 parcel development as
depicted on the map dated April 31, 1997, as on file in the Planning Department. This r
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map establishes parcels for the development of 49 single family residences (44 market
rate units and 5 below market rate units).
23. Prior to the recordation of a Final Map or the issuance of building permits,
whichever occurs first, the developer shall pay to the City in lieu parkland dedication
fees in accordance with the provisions of City Ordinance 1558. Parkland dedication in
lieu fees are at this time $88,716 based on 1989 dollars. Adjustment of this figure may
be necessary at the time of fee payment if the fair market value for parkland and
associated improvements is adjusted in accordance with Section 15.38.045 of the
Ordinance.
24. Prior to recordation of the Final Map a Homeowners Association or other
responsible entity which has been reviewed by the Planning Department and City
Attorney shall be formed to provide maintenance of, but not limited to: the private
street (Scettrini Drive), geotechnical mitigation facilities (debris fences, berms and
gabions), on-site drainage mitigation facilities (storm drains and v -ditches) common
area landscaping, Parcel A and all common area fencing, including fencing adjacent to
the wetland area.
25. The Conditions, Covenants and Restrictions (CC&Rs) for the subdivision shall be
reviewed by the Planning Director and City Attorney prior to approval of the Final
Map by the City Council. The CC&Rs shall be recorded with the Final Map.
26. The number of single family parcels approved by this subdivision shall be the
maximum permitted on the property. No further subdivision creating additional
building sites shall be permitted. This restriction shall be made a part of the Conditions,
Covenants and Restrictions (CC and Rs).
27. The Final Map shall show that Lots #32-#35 have a 50 foot building setback from the
adjacent wetland. As identified on the approved landscape plan, dated 10/24/96,
fencing and landscape improvements are allowed to encroach into this 50 foot area.
28. Parcel A, the 45 acre Open Space Easement, shall be shown on the Final Map as
Permanent Private Open Space owned in common by each of the owners of property in
the subdivision. A deed restriction on the Private Open Space Parcel, satisfactory in
form and content to the City Attorney and Planning Director, shall be recorded at the
time of recordation of the Final Map. The deed restriction shall be noted on the face of
the Final Map. Parcel A shall be encumbered with a Conservation Easement, within
which no development except for the installation and maintenance of utility and
drainage facilities and recreation improvements and landscape improvements
approved by ED 96-58. All vegetation within the Conservation Easement shall remain
in its natural state and shall be enhanced as required by the Negative Declaration.
Future tree removal shall be prohibited except where, upon the recommendation of a
certified arborist, a tree poses a threat to life or property due to poor health or other
map establishes parcels for the development of 49 single family residences (44 market
rate units and 5 below market rate units).
23. Prior to the recordation of a Final Map or the issuance of building permits,
whichever occurs first, the developer shall pay to the City in lieu parkland dedication
fees in accordance with the provisions of City Ordinance 1558. Parkland dedication in
lieu fees are at this time $88,716 based on 1989 dollars. Adjustment of this figure may
be necessary at the time of fee payment if the fair market value for parkland and
associated improvements is adjusted in accordance with Section 15.38.045 of the
Ordinance.
24. Prior to recordation of the Final Map a Homeowners Association or other
responsible entity which has been reviewed by the Planning Department and City
Attorney shall be formed to provide maintenance of, but not limited to: the private
street (Scettrini Drive), geotechnical mitigation facilities (debris fences, berms and
gabions), on-site drainage mitigation facilities (storm drains and v -ditches) common
area landscaping, Parcel A and all common area fencing, including fencing adjacent to
the wetland area.
25. The Conditions, Covenants and Restrictions (CC&Rs) for the subdivision shall be
reviewed by the Planning Director and City Attorney prior to approval of the Final
Map by the City Council. The CC&Rs shall be recorded with the Final Map.
26. The number of single family parcels approved by this subdivision shall be the
maximum permitted on the property. No further subdivision creating additional
building sites shall be permitted. This restriction shall be made a part of the Conditions,
Covenants and Restrictions (CC and Rs).
27. The Final Map shall show that Lots #32435 have a 50 foot setback from the adjacent
wetland. All parcels lot lines shall have a 50 foot setback from the adjacent wetland and
project fencing and landscaping plans shall be modified accordingly.
28. Parcel A, the 45 acre Open Space Easement, shall be shown on the Final Map as
Permanent Private Open Space owned in common by each of the owners of property in
the subdivision. A deed restriction on the Private Open Space. Parcel, satisfactory in
form and content to the City Attorney and Planning Director, shall be recorded at the
time of recordation of the Final Map. The deed restriction shall be noted on the face of
the Final Map. Parcel A shall be encumbered with a Conservation Easement, within
which no development except for the installation and maintenance of utility and
drainage facilities and recreation improvements and landscape improvements
approved by ED 96-58. All vegetation within the Conservation Easement shall remain
in its natural state and shall be enhanced as required by the Negative Declaration.
Future tree removal shall be prohibited except where, upon the recommendation of a
certified arborist, a tree poses a threat to life or property due to poor health or other
dangerous conditions --id such tree removal has been )roved by the Planning
Department. Habitat . Aoration, revegetation, monitoring ,..3 management shall also
be allowed in Parcel A
29. Prior to the approval of the Final Map, complete subdivision phasing details
shall be submitted for review and approval by the Planning, Public Works, Fire
and Police Departments. The conceptually approved "phased" development
plan is as follows: Lots #1412, #46449 (Phase One); Lots #13421, #38445 (Phase
Two); and Lots #22437 (Phase Three). The developer shall be required to
construct required guest parking bays, streets, curb and gutter, screen fencing,
landscaping (including street and street median landscaping), recreational areas
located in the applicable phase (trailhead access/recreational area between Lots
#9 and #10 in Phase One and the play area proposed between Lots #14-15 in
Phase 2) and an appropriate roadway turnaround approved by the Public
Works, Fire and Police Departments with an "all weather surface". Parcel A
shall be recorded with the first Phase and all required mitigation measures
implemented.
30. Any improvements to the Lots, not approved by ED96-58, shall be subject to
City requirements for Design Review.
31. Prior to the recordation of the final map, the applicant shall pay a traffic mitigation
fee of $120,295 (to be adjusted by Lee Saylor Construction Cost Index since 1990). This
fee is based on adopted fees of $2,455 per PM peak period trip in 1990 dollars X 49
trips/units.
32. San Rafael General Plan policy H-20 shall be satisfied. The applicant shall construct
5 (10% of 49 units) Below Market Rate Units on-site. The agreement shall incorporate
language which offers a portion of the BMR units in the project (consistent with
applicable law) to City employees, people working in the City of San Rafael and people
working in Marin County. The applicant shall submit a BMR agreement for review and
approval by the City Council. The BMR agreement shall be recorded with the County
of Marin prior to the recordation of the final map.
33. This Tentative Subdivision Map is approved for a period of two years, or until May
13,1999 , and shall become null and void unless the Final Map has been recorded or a
time extension has been approved.
ED 96-58
FIRE DEPARTMENT
34. Addresses shall be posted conforming to Fire Prevention Std. 205.
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35. Based on the required fire flow, an automatic fire sprinkler system shall be installed
throughout each home conforming to NFPA Std. 13.
36. The alarms from fire detection 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.
37. Permits for alarms and sprinklers must be applied for directly from the Fire
Prevention Bureau prior to installation.
38. A permit application shall be submitted to the Fire Prevention Bureau with two sets
of plans for review prior to installation of all automatic and fixed fire extinguishing and
detection systems. Specific sheets for each type of device shall also be submitted for
review.
39. Due to the wildland fire interface area fire retardant roof covering is required with a
minimum Class "A" listing.
40. Spark arrestors shall be installed conforming to the Uniform Building Code (UBC).
41. UL/SFM smoke detectors and openable bedroom windows shall be installed
conforming to the UBC.
42. Due to topography and based on the inaccessibility to ladder the building for rescue
from bedroom windows, approved emergency escape ladders shall be installed on at
least one window in each bedroom specified. The contractor should call for a site visit
to confirm if the emergency escape ladder access is required.
43. All meetings with or inspections by the Fire Department require a minimum 24-hour
advanced appointment.
POLICE DEPARTMENT
44. 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 4" 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.
45. The address shall be in a sequence with the numerical order of the rest of the
street/buildings.
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46. Exposed roof vent; d ducts of sufficient size to permit alt, human entry shall be
grated or constructed of an impact -resistant material to the satisfaction of the Police
Department. Skylights shall be secured and hatch openings shall be burglary -resistant.
Glazing shall be of a burglary -resistant glass br glass -like material.
47. Perimeter walls, fences, trash storage areas, etc., shall be built to limit if not in fact
prevent access to the roof or balconies.
48. All exterior doors shall be of solid core construction with a minimum thickness of
one and three-fourths (1-3/4") inches or with panels not less than nine -sixteenths
(9/16') inches thick. Side garage doors and doors leading from garage areas to private
residences are included in this requirement.
49. Metal -framed glass doors shall be set in metal door jambs.
50. Glass sliding doors shall have a secondary type locking device to the satisfaction of
the Police Department. The secondary lock shall be a dead -bolt lock and shall be no less
than one-eighth (1/8") inch in thickness and shall have a minimum hardened steel
throw of one-half (1 /2") inch.
51. Exterior man doors and doors leading from garage area into the private residence
shall have dead -locking latch device with a minimum throw of one-half (1/2") inch. A
secondary lock is required and shall be a dead -bolt lock with a cylinder guard and a
hardened steel throw a minimum of one (1") inch long. Both locking mechanisms shall
be keyed the same.
52. Metal -framed glass doors shall have a dead -bolt lock with a cylinder guard and a
hardened steel throw that is a minimum of one (1") inch long.
53. Exterior jambs for doors shall be so constructed or protected so as to prevent
violation of the function of the strike plate from outside. The strike plate shall be
secured to the jamb by a minimum of two screws which must penetrate into the solid
backing beyond the jamb.
54. Front doors shall have a front door viewer that provides a minimum of 190 degrees
peripheral vision.
55. Exterior doors that swing outward shall have non -removable pins.
56. In -swinging exterior doors shall have rabbeted jambs.
57. 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 DeF :tment.
58. All windows within 12 feet of the ground level shall have a secondary lock mounted
to the frame of the window. The secondary lock shall be a bolt lock and shall be no less
than one-eighth (1/8") inch in thickness. The lock shall have a hardened steel throw of
one-half (1 /2") inch minimum length.
59. Louvered windows shall not be installed within 8 feet of the ground level.
60. Any window in or within 40 inches of an exterior door shall be stationary and non -
removable.
61. If desired, a list of barrier plants is available from the SRPD Crime Prevention Office
at (415) 485-3114.
62. Landscaping shall not block or obstruct the view of any door, window, or lighting
fixture.
63. Any alternative materials or methods of construction shall be reviewed with the
Crime Prevention Officer before installation.
64. The Crime Prevention Officer shall be allowed to inspect and approve the
construction prior to occupancy.
65. Though not required, it is recommended that any new construction be pre -wired for
an intrusion alarm system.
PUBLIC WORKS DEPARTMENT
66. An engineered site plan showing all existing and proposed site conditions shall be
submitted with the application for a building permit.
67. A level B soils report shall be submitted with the application for a grading permit.
68. The project soils engineer shall review and approve the project plans for
conformance with the requirements of the project soils report.
69. Grading plans shall show all proposed and existing contours as well as proposed
drainage improvements.
70. All earthwork shall be done under the direction of the project soils engineer; and a
final report shall be submitted by the project soils engineer prior to approval of the
work.
71. A grading permit 1 be required.
72. Grading, drainage and foundation plans shall be reviewed and approved by the
project soils engineer for compliance with the project soils report.
73. All earth and foundation work shall be performed under the supervision of a soils
engineer and a final construction observation report shall be submitted.
74. All utilities shall be underground.
75. Prior to issuance of a building permit, proof of sanitary sewer allocation from the
Las Gallinas Valley Sanitation District shall be submitted.
76. Any work in the public right-of-way shall require an encroachment permit.
77. All frontage improvements shall be constructed in accordance with the "Uniform
Construction Standards for the Cities and County of Marin".
78. Any existing curb, gutter and sidewalk damaged during construction shall be
replaced to the satisfaction of the City Engineer.
PLANNING DEPARTMENT
79. The building techniques, materials, elevations and appearance of the project, as
presented for approval shall be the same as required for the issuance of building
permits. Any future additions, expansions, remodeling, etc., shall be subject to the
review and approval by the City's Zoning Administrator or Planning Commission.
Approved plans are dated October 24, 1996, with the following exceptions: (1) The Site
Plan is dated 10/18/96; (2) Typical Plot Plans and Erosion Control Plan are dated
8/19/96; (3) The Geotechnical Mitigation Plan is dated 1/22/97; (4) The Grading Plan is
dated 4/31/97; (5) The Vesting Tentative Subdivision Map is dated 4/31/97; and (5)
Project Perspectives/Renderings are dated 11/6/96. The final site plan shall
incorporate parking bays (9' x 19') between Lots 335 and #34 and between Lots #31 and
#30.
80. Any mechanical equipment (ie. air conditioning units, meters, transformers, etc.)
and appurtenances not entirely enclosed within the structure (on side of'the building or
roof) shall be screened from public view. The method used to accomplish the screening
shall be indicated on the building plans and approved by the Planning Department
prior to issuance of a building permit.
81. All colors and building materials shall be consistent with those approved bylhe
City's Design Review Board, as on file in the Planning Department. Any modifications
to these approvals shall be subject to review and approval by the Design Review Board.
71. A grading permit will be required.
72. Grading, drainage and foundation plans shall be reviewed and approved by the
project soils engineer for compliance with the project soils report.
73. All earth and foundation work shall be performed under the supervision of a soils
engineer and a final construction observation report shall be submitted.
74. All utilities shall be underground.
75. Prior to issuance of a building permit, proof of sanitary sewer allocation from the
Las Gallinas Valley Sanitation District shall be submitted.
76. Any work in the public right-of-way shall.require an encroachment permit.
77. All frontage improvements shall be constructed in accordance with the "Uniform
Construction Standards for the Cities and County of Marin".
78. Any existing curb, gutter and sidewalk damaged during construction shall be
replaced to the satisfaction of the City Engineer.
PLANNING DEPARTMENT
79. The building techniques, materials, elevations and appearance of the project, as
presented for approval shall be the same as required for the issuance of building
permits. Any future additions, expansions, remodeling, etc., shall be subject to the
review and approval by the City's Zoning Administrator or Planning Commission.
Approved plans are dated October 24, 1996, with the following exceptions: (1) The Site
Plan is dated 10/18/96; (2) Typical Plot Plans and Erosion Control Plan are dated
8/19/96; (3) The Geotechnical Mitigation Plan is dated 1/22/97; (4) The Grading Plan is
dated 4/31/97; (5) The Vesting Tentative Subdivision Map is dated 4/31/97; and (5)
Project Perspectives/Renderings are dated 11/6/96. The final site plan shall
incorporate parking bays between Lots #35 and #34 and between Lots #31 and #30, or at
other feasible alternative locations. The total on-site parking requirement is 260(74 bay).
80. Any mechanical equipment (ie. air conditioning units, meters, transformers, etc.)
and appurtenances not entirely enclosed within the structure (on side of the building or
roof) shall be screened from public view. The method used to accomplish the screening
shall be indicated on the building plans and approved by the Planning Department
prior to issuance of a building permit.
81. All colors and building materials shall be consistent with those approved by the
City's Design Review Board, as on file in the Planning Department. Any modifications
to these approvals shall be subject to review and approval by the Design Review Board.
82. A detailed landscape and irrigation plan shall be submitted to the Planning
Department for review and approval by the City's Fire and Planning Departments prior
to the issuance of grading permits. The final landscape plan shall be consistent with the
preliminary plan dated 10/24/97, on file in the Planning Department. The final
landscape plan shall be modified to insure that the 8-10 foot high retaining wall located
at the entrance of the development is appropriately screened. The final landscape plan
shall identify a phased improvement plan, consistent with the phased development
plan as follows: Lots #1412, #46449 (Phase One); Lots #13-21, #38445 (Phase Two); and
Lots #22437. The minimum tree size shall be 15 gallon, 6 feet planted, and have a trunk
calliper of at least (1) inch. The minimum shrub size shall be 5 gallon. The final
landscape plan shall be reviewed and approved by qualified wildlife and vegetation
(arborist and biologist) experts to ensure consistency and compatibility with existing
native plants, shrubs and trees. Letters of approval from the wildlife and vegetation
experts shall be submitted to the Planning Department with the final landscape plan.
The final landscape plan for the project shall include improvement details for a trail
access point between Lots #31 and #32. The final landscape plan shall also provide for
additional landscape materials to adequately screen the retaining wall proposed around
the cul-de-sac bulb. Plant materials shall be selected to adequately screen the wall from
motorists traveling along Scettrini Drive and from residents utilizing the passive
recreation area proposed with the cul-de-sac area. The project arborist shall review the
final landscape plan to insure compatibility with the existing Oak trees.
83. Landscape improvements shall be installed with each phase (identified in condition
#75) of the development prior to the issuance of the first building occupancy of each
phase.
84. All landscaping shall be maintained in good condition and any dead or dying
plants, bushes, or trees shall be replaced with new healthy stock of a size compatible
with the remainder of the growth at the time of replacement.
85. Landscaping must meet the Marin Municipal Water District's (MMWD) water
conservation rules and regulations. Prior to the issuance of a building permit or other
authorization to proceed, the applicant must provide verification from MMWD stating
that the landscape plan has been approved.
86. Prior to the issuance of the certificate of occupancy for the last house occupied, the
applicant shall provide a 2 year maintenance contract for landscaping or post a 2 year
maintenance bond.
87. The retaining wall design around the cul-de-sac "bulb" shall be reviewed and
approved by the Planning Department prior to the issuance of a grading permit.
Keystone, or other appropriate natural material, shall be used. If a concrete wall must
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be used, the design shall not be "smoothed faced" and shall be constructed to appear
"natural" with a stone or other appropriate material incorporated into the concrete mix.
88. Scettrini Drive shall be marked/painted with appropriate directional signs/arrows
for ingress and egress. This shall be done to the satisfaction of the Traffic
Engineer/City Engineer.
89. All on-site guest parking stalls shall be double striped with wheelstops or curbing
provided at each space. Handicapped and compact parking stalls shall be
appropriately marked on the pavement.
90. All lighting improvements, facilities and fixtures shall be subject to the review and
approval of the Police Department and Planning Departments prior to the issuance of a
building permit. This review shall be to insure that all doors and entrances are
adequately illuminated and to insure that all illumination is directed at the subject
property. The Planning Department shall refer all final lighting details to the Gables
Homeowners Association for review prior the approval of the details by the City
Departments. All lighting improvements, including deck, patio and outdoor yard area
lights facing the adjacent wetland area, shall be designed to not cast light toward the
wetland. All lighting shall be subject to a 30 day review period to monitor the
illumination levels.
91. Prior to the issuance of a grading permit, a "Clerk of the Works" shall be hired by
the City from an engineering firm to insure that all project conditions of approval are
complied with during all phases of project construction: grading, roadway construction,
subdivision improvements and home construction. The developer shall be responsible
for paying the salary of this individual. Grading permits will not be issued until a
payment contract for the "Clerk of the Works" is secured by the developer.
92. This Environmental and Design Review permit shall be valid for two years, or until
May 13.1999„ and shall become null and void if a building permit is not issued. Prior to
the expiration of the permit, a time extension may be granted by the Zoning
Administrator.
NEGATIVE DECLARATION CONDITIONS
93. All grading shall be consistent with the findings and recommendations of the
Geotechnical Reconnaissance Reports, prepared by Arthur T. Knutson, dated
March 6, 1991 and June 19, 1996. All recommendations submitted by the City's
Geotechnical Review Board (Miller Pacific Engineering Group) shall also be
incorporated into the final grading plan and construction drawings for all on-site
structures. Specific recommendations from the Geotechnical Reconnaissance
Reports are as follows:
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a. Cut and fill slopes shall be 2:1 or flatter. Because of the potentially weak soils
and high groundwater, all cuts shall be required to have special design to
increase stability. The use of subdrains and minor buttressing should be used
in any areas to be graded or regraded. The subdrain shall be on the uphill
side of the graded benches. The depth of the subdrain shall be adjusted
during construction to intercept as much seepage as feasible. Where cuts are
within creep or slide areas, they must be overcut approximately 60% of the
cut depth and reconstructed as a drained buttress fill.
b. Grading and earthwork shall be minimized where possible and shall be
performed under the observation of the soils engineer to ensure no
degradation of slope stability. The soils engineer shall also ensure proper
foundation preparation, stripping, selection and utilization of materials, and
placement of all fills over two feet in depth.
c. Slide and creep areas shall be reconstructed as drained engineered buttress
fills, partially buttressed, or allowed to continue mass wasting with
provisions for regular cleanup of the bench and slope provided. Locations of
earth berms, gabions and debris fences shall be consistent with the
"Geotechnical Mitigation Plan" prepared by Lee Oberkamper and Associates,
dated 1/22/97. None of the mitigation measures shown on the "Geotechnical
Mitigation Plan" shall be located within any wetland areas. Prior to the
installation of these mitigation measures, a wetland boundary determination
shall be done by a qualified expert to insure that these mitigations are not
located within any wetland areas. The final project landscape plan shall
incorporate landscape materials that provide for appropriate screening of all
mitigation measures shown on the "Geotechnical Mitigation Plan".
d. Cuts over 15 feet in depth may encounter very hard rock that require pre -
splitting for excavation. The soils report for the final design shall include
seismic refraction studies of the cut areas over 15 feet in depth to determine
the rock ripability.
e. All loose fill deposit areas identified in the soils report should be removed
and recompacted. If any unsuitable material is encountered, it shall be
removed from the site.
f. One and two story frame structures may be supported on firm, undisturbed
original ground or engineered fill on continuous spread footings on slopes
flatter than 4:1 or on drilled concrete piers penetrating the native material
into hard underlying materials, provided the recommendations embodied in
the soils reports are followed. Since old uncontrolled fill is extant within
some likely building areas, extreme care must be taken to remove and
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recompact all such fill. The buildings proposed on natural slopes steeper
than 4:1 can be supported on pier and grade foundations. Retaining walls
shall be designed to replace the resistance of any material removed. Higher
than normal soil pressures are anticipated. All walls and the slopes behind
houses shall be well drained (both surface and sub surface). An investigation
must be done for all grading, street improvements and structures. This
includes seismic refraction, test trenching or test borings under the
observation of a qualified Geotechnical Engineer.
94. Grading shall be prohibited after the start of the rainy season (October 15" or
as determined by the Department of Public Works). Grading may occur after the
start of the rainy season upon authorization of the both the Planning and Public
Works Directors. Site winterization shall be required to minimize erosion
damage if grading is allowed to continue during the rainy season. The rainy
season months are identified by the Public Works Department. Specific
requirements for implementation of winterization shall be developed in
consultation with the project civil engineer.
95. All erosion control measures for the project shall be consistent with the
Erosion Control Plan submitted by Lee Oberkamper and Associates, dated
8/19/96.
96. Conformance with standard Grading Permit requirements relating to dust
control.
97. The project site shall be watered during site grading and building
construction. Temporary gravel shall also be placed on all unpaved access roads
during site grading and construction.
98. Erosion control measures are necessary on the slopes above the project site.
The following erosion control methods shall be required to avoid sedimentation
into the adjacent wetland area and the project site itself: (a) Remove unnecessary
roads and trails which divert runoff from its original channels; and (b) Apply
mulches or plant bare slopes and ORV trails. Erosion control measures are
necessary during the construction phase of development. Hydromulching or
seeding of cut -and -fill or uncovered graded areas shall be established before the
rainy season, as established by the Public Works Department. Temporary
diversion of runoff from erosion -prone areas can be considered during
construction. An erosion control plan for the project, dated 8/19/96, was
prepared by Lee Oberkamper and Associates. All erosion control measures for
the project shall be consistent with the Erosion Control Plan submitted by Lee
Oberkamper and Associates, dated 8/19/96.
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99. The final drainage plan shall be consistent with the recommendations of the
hydrologic study (Vista Marin Hydrologic Analysis Runoff to Wetland Area)
prepared by Lee Oberkamper and Associates, dated January 3, 1997 as follows:
(a) All runoff from hillsides and channels upslope of the development will be
captured, routed under the developed area, and discharged into the wetland
area; (b) Urban runoff from the developed areas of the site shall be captured in
the storm drain system; (c) The area between the developed area and the
wetlands will continue to drain into the wetlands; and (d) The water lost from
the acres of land slated for development will be replaced by diverting storm
water from the subdrainage from the landslide repair areas and the subdrains
behind the retaining walls on the uphill side of the property into the wetland
areas. The wetlands also receive flow periodically from the drainage channel
which parallels the entrance road and turns and crosses the adjacent Gables
property. The extent of these flows is dependent on the combination of the
magnitude of flow in the channel and the state of the tide at the time, since the
outflow water surface is in an area which is subject to direct tidal action. Should
the runoff be directed into the City's storm drain system, a filter system (ie.
grease traps etc.) shall be designed and provided on-site.
100. All cut -and -fill areas on-site shall be revegetated with native grassland
species. These specifications shall be incorporated into the landscape plan for the
project. All revegetation plans, including provisions for temporary irrigation
and replacement to insure plant establishment, shall be reviewed by a qualified
vegetation specialist.
101. Improvement to on-site habitat shall be developed to off -set the loss of
valley grassland habitat (stands of purple needle grass, California oat grass and
wild rye). Prior to the issuance of a building permit, a map shall be submitted to
the Planning Department that identifies the areas of the project site where the
purple needle grass, California oat grass and wild rye will be removed and the
quantity of habitat being removed. This map shall also show where purple
needle grass, California oat grass and wild rye will be planted to replace the
habitat that is removed and shall identify the quantity of habitat being planted to
off -set the loss of habitat. The amount of new habitat shall equal the loss of the
valley grassland habitat. The maps shall provide specific calculations by a
qualified expert that identify how much purple needle grass will be removed
and how much will be planted. This will insure that what is removed is replaced
with an equal amount of purple needle grass. These plans shall be reviewed and
approved by a qualified vegetation specialist.
102. All invasive exotics (Acacia, Broom and Pampas Grass) on the project site
(wetland area) shall be removed before on-site grading begins and shall be
monitored for a 5 year period to preclude reestablishment. These reports shall be
submitted to the Planning Department for review on July 1" and December 31" of
every year. The developer shall be responsible for obtaining a qualified expert to
perform the monitoring and all costs associated with the monitoring program.
This eradication plan shall be submitted for review and approval by the Planning
Department prior to the issuance of a grading permit and shall include all
components for eradication and shall require that removal not include the use of
herbicide spraying.
103. Erosion scars and gullies on-site shall be repaired and revegetated to help
offset erosion damage and loss of valley grassland habitat. Mechanical
stabilization and erosion control shall be used. Where hydroseeding is necessary,
non persistent, quick growing grasses. This material shall be incorporated into
the final grading plan.
104. Install temporary construction fencing at the edge of the illustrated dripline
prior to the issuance of a grading permit. Prior to the issuance of a grading
permit, the project arborist shall inspect the location of the fences and provide
written verification to the Planning Department that the fences are appropriately
located. Maintain fencing for the duration of construction (Trees #143, #546).
Construction fencing shall also be installed at the edge of the tree canopies on the
upper slopes of the project site (identified as Save and Save All on the
preliminary grading plan) where V -ditches are proposed (North and West
slopes). V -ditch construction necessary beneath these tree canopies shall be done
"by hand" to minimize impacts to tree root systems.
105. Eliminate all grading, trenching and access to the fenced dripline except
where shown on plan(Trees #143, #546).
106. Place a minimum 4" layer of chipped bark mulch over soil surface within
dripline prior to the issuance of a grading permit(Trees #143, #546).
107. Prune to clean and raise the canopy, per International Society of Arboriculture
pruning standards prior to the issuance of a grading permit(Trees #143, #546).
All tree pruning/ trimming of trees shall be done under the on-site supervision
and direction of the project arborist to insure the continued health of the trees.
108. Access beneath Tree #3 shall be discouraged by installing a permanent
fencing system of split rail or other appropriate material prior to receiving any
occupancy permits. Prior to receiving any occupancy permits, the project
arborist shall inspect this system and provide written verification to the Planning
Department that the work has been appropriately done.
109. Monitor naturally declining tree health and stability on an annual basis, for
10 years, to prevent a hazard from occurring (Trees #3,#5 and #6). Monitoring
reports shall be prepared by the project arborist and submitted to the Planning
17
Department for review on November 1" of every year. The developer shall be
responsible for obtaining a qualified expert to perform the monitoring and all
costs associated with the monitoring program. Prior to the issuance of a grading
permit, a "cost estimate" by a qualified expert shall be submitted for the
replacement value of these 3 trees shall they not survive project construction. A
bond for this "cost estimate" shall be submitted by the applicant prior to the
issuance of a grading permit.
110. A three year monitoring program shall be implemented on Trees #143, #5,#6
to determine whether physiological water stress becomes apparent during the
mid to late summer months and to recommended management procedures
for the long term that mitigates the condition. Monitoring reports shall be
prepared by the project arborist and submitted to the Planning Department
for review on November 1" of every year. The developer shall be responsible
for obtaining a qualified expert to perform the monitoring and all costs
associated with the monitoring program.
111. The final grading plan shall provide for a physical (ie. placement of fill)
reconnection of the base of the slope at the Northeastern end of the development
(behind Lots #31-39) to the existing wetland area.
112. The final landscape plan shall incorporate native plants/vegetation and or
trees along the North and West boundaries of the development area to "guide"
wildlife to the wetland area and shall provide native wetland plants, consistent
with plants found in the existing wetland area, on the Northeastern slope of the
property that is being reconnected to the wetland area.
113. A 50 foot buffer zone shall be maintained between the wetland area and
proposed homes to discourage casual entry into the wetland area. The final
landscape plan shall show the placement of 6 foot high solid fences (fencing shall
be finished on both sides) along the rear property lines of Lots #31449. This
fencing shall continue along the rear of the guest parking area (adjacent to Lot
#49) and along the road to the entrance of the development. Native shrubs,
including blackberry, shall be used to screen the fence, increase wildlife habitat
opportunities and further discourage casual access.
114. On-site construction, construction related activities and equipment
operation shall be limited to the hours of 8:00 AM to 5:00 PM, Monday through
Friday only. All construction vehicles and equipment shall be properly
maintained and muffled.
115. Prior to any site preparation, the issuance of a grading permit or the
issuance of a building permit, a fence between the wetland and the development
area shall be installed. The fence shall allow for the free passage of the wildlife
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associated with the wetland, while acting as a barrier to vehicles, equipment and
people. The fence shall be installed to the rear of Lot #29 and continue along the
rear of Lots #29449. The fence shall terminate where Scettrini Drive connects
into the project site. The Planning Department shall review and approve of the
fence plans prior to its installation.
116. Prior to the issuance of a grading permit for the project, the applicant must
apply for and receive approvals from the City Council as a Priority Project
through the Priority Projects Procedure.
117. The slide repair behind Lots #10423 shall be repaired to have an appearance
consistent with the section prepared by Lufkin Landscape Architects titled "Slide
Repair Section", dated January 1997. The slides will be excavated below the slide
materials, subdrainage will be installed and the area will be refilled with
engineered fill. The new slope will be recontoured with round benches to make
the slope appear natural. The project geotechnical engineer shall be on-site
during the entire procedure to insure that the work is done properly. All
disturbed areas will be hydroseeded with Purple Needle Grass and California
Oat Grass. This area shall be monitored for a 5 year period to insure the
establishment of the grass. These reports shall be submitted to the Planning
Department for review on July 1" and December 31" of every year. The
developer shall be responsible for obtaining a qualified expert to perform the
monitoring and all costs associated with the monitoring program.
118. The final project landscape plan shall incorporate landscape materials that
provide for appropriate screening of all mitigation measures shown on the
"Geotechnical Mitigation Plan".
119. All grading shall be consistent with the findings and recommendations of
the Archaeological Resource Service letter, dated November 15, 1996. Specific
recommendations from this letter are as follows:
a. Major vegetation clearance or major grading within the archaeological
area shall not be allowed. Should any grading or "grubbing" become
necessary to prepare the site for fill placement, an archaeologist shall
be present for this work and during the first 3 feet of fill placement.
All fill in this area shall be spread over the site by machine as to
minimize site disturbance. All compaction of fill shall be done after
the archaeological site has been completely covered.
b. The storm drain, proposed to be located above the archaeological site,
shall be located entirely within sterile fill that will overlie the
archaeological site.
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c. If shellfish deposits or artifacts are discovered during any site
grading/ excavation, work shall be temporarily suspended until the
discovered materials can be examined by an archaeologist. If
significant artifacts or features are encountered, the subsequent work
in that area shall be monitored by an archaeologist as outlined in
"Recommended Monitoring and Spot Check Procedures" (attached to
Initial Study).
120. No bearing structures shall be allowed to be located on the archaeological
site.
LAS GALLINAS SANITARY DISTRICT
121. The proposed project must apply for and receive an allocation of sewer capacity
from the sanitary district before it can receive sewer service.
122. The proposed project must make satisfactory arrangements with the sanitary
district for the construction of any off-site or on-site sewers which may be required.
UP 96-36
PLANNING DEPARTMENT
123. This Use Permit approves 49 single-family residential units for residential and
ancillary home occupation uses.
124. There are 54 trips allocated to this site. This project will generate 49 PM peak hour
trips. Approval of this use permit releases the remaining 5 trips allocated to the parcel
in the General Plan. These trips will be placed in the Northgate general trip reserve.
125. This use permit shall run concurrently with the amended Planned District,
Tentative Map and Environmental and Design Review Permit. Should the Tentative
Map or Environmental and Design Review Permit expire, this use permit shall become
null and void.
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