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HomeMy WebLinkAboutCC Resolution 9393 (157 Woodland Ave Parcel Map)RESOLUTION 9393 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE PARCEL MAP, MASTER USE PERMIT AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT TO ALLOW THE DEVELOPMENT OF TEN TOWNHOUSE UNITS AND TWO SINGLE FAMILY LOTS; 157 Woodland Avenue (APN 13-114-19 and -20) WHEREAS, on March 3,1995, applications requesting a Parcel Map, Master Use Permit and Environmental and Design Review Permit for the above referenced project were found by the Planning Department to be complete for processing; and, WHEREAS, on May 23, 1995 the San Rafael Planning Commission held a duly noticed Public Hearing on the proposed Parcel Map, Master Use Permit and Environmental and Design Review Permit applications, accepting public testimony and the written report of the Planning Department staff and recommended approval of the project to the City Council; and, WHEREAS, on June 19, 1995 the San Rafael City Council held a duly noticed Public Hearing on the proposed Parcel Map, Master Use Permit and Environmental and Design Review Permit applications, accepting public testimony and the written report of the Planning Department; and, WHEREAS, the City Council reviewed and considered the proposed environmental document, public testimony and staff reports and has adopted by separate resolution the Mitigated Negative Declaration, including the Mitigation Monitoring Program, for the project; and, WHEREAS, the City Council reviewed and considered public testimony and the staff report on the General Plan Amendment and by separate resolution has adopted the General Plan Amendment to change the land use designation on a portion of the project site from Hillside Residential to Low Density Residential and amend Appendix B to designate 12 trips for the site; and, WHEREAS, the City Council reviewed and considered public testimony and the staff report on the Zone Change for the site and has passed an Ordinance to print designating the site as Planned District zoning; and, WHEREAS, the City Council reviewed and considered public testimony and the staff report on the Development Agreement for the site and has passed an Ordinance to print adopting the Agreement; and NOW, THEREFORE BE IT RESOLVED, that the San Rafael City Council approves the project based on the following findings: ORIGINAL q>a21 Small Subdivision 1. The subdivision map complies with the requirements of the Subdivision Map Act and the City of San Rafael Subdivision Ordinance in that all parcels meet the minimum required lot area based on the Land Use designation. 2. As conditioned, approval of the proposed subdivision is consistent with applicable General Plan Policies, consistent with the open space plan and consistent with the Land Use Designation of Low Density 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. 3. 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. 4. Approval of the proposed subdivision will 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. 5. 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. 6. Based on the information contained in the Negative Declaration and this report, the design or proposed improvements are not likely to cause substantial environmental damage, or substantially and avoidably injure fish, wildlife or their habitats or cause serious public health problems. 7. 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. Use Permit 8. The proposed use is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purpose of the district in which it is located because the project, as conditioned, is consistent with the goals and policies of the General Plan 2000. The Low Density Land Use designation is consistent with the prevailing development pattern in the neighborhood and is required by a court decree. The project staff report contains an analysis of General Plan policies. The project has been determined to be consistent with the following policies: Land Use Policies LU -21, Building Heights, LU -32, Water Conservation, LU -33, Energy Conservation, LU -34, Residential Site Design, LU -36, Additional Community Design Map Considerations, LU -48, Fire and Police Services, LU - 51, Water and Sewer Facilities and, LU -57, Child Care; Circulation Policies C-4, Trip Allocations, C-18, Area Transportation Improvement Programs, and C-26, Sidewalks; Housing Policies H-15, Future Development, H-19, Below Market Rate Housing in Market Rate Projects, H-21/1-1-22, Resale Controls on Owner -Occupied / Rental BMR Units; Natural Environment Policies NE -13, Protection of Environmental Resources and NE -20, Preservation of Hillsides; Safety Policies S-1, Location of Future Development, S-3, Use of Hazard Maps in Development Review, S-4, Geotechnical Review, S-5, Soils and Geologic Review, 5-11, Seismic Safety of New Buildings. 5-18, Erosion, 5-20, Maintenance and Landscaping for Fire Safety, 5-21, Fire Safety of New Development, S- 22, New Development in Fire Hazard Areas, 5-23, Safety review of Development, and 5-24, Access for Emergency Vehicles; and, RES -3, Consistency With Prevailing Densities in Developed Single Family Neighborhoods. A Planned Development (PD) District zone has been adopted for the site. The PD establishes development standards which allow for the construction of ten townhouse units and two single family homes while mitigating environmental impacts. The project complies with all other ordinance requirements, including parking. 9. The proposed use 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 because the residential uses are consistent with the surrounding development. Adequate parking is provided on site. Traffic impacts have been reviewed by James Meyer, a traffic engineer, and the City's traffic engineer. They have both concluded that there is adequate sight distance for the driveway. The townhouse project has been designed to protect the privacy of adjacent parcels. It is located 25' from the property line and will have a landscape screen. 10. The proposed use complies with each of the applicable provisions of the Zoning Ordinance including: Section 14,02.020J, Multiple Applications; 14.07.030, Planned Development District Property Development Regulations; 14.18.040, Parking Requirements; and, 14.25.050, Review Criteria. As outlined in the staff report, the project meets parking requirements and has been recommended for approval by the Design Review Board. Design Review Permit 11. The project design is in accord with the General Plan and the objectives of the Zoning Ordinance, including General Plan Policies relating to design (LU -21, LU -30, LU - 32, LU -33, LU -34, and LU -36) and the Review Criteria for Design Review Permits contained in Section 14.25.050 of the Zoning Ordinance. The maximum height of the project is 30', the landscape plan includes drought tolerant plants, and the future single family homes will be subject to design review. The Design Review Board has recommended approval of the townhouse project. 12. The project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the district in which the site is located because the project has been reviewed by the Design Review Board and their recommendations have been incorporated into the project design. 13. The project design minimizes adverse environmental impacts because recommendations of the geotechnical report, arborist report, and traffic study have been incorporated into the project design. The project has been reviewed by the City's Design Review Board at two meetings and the project has been revised to reflect their recommendations on site design and planting 14. The project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity because the project has been reviewed by the appropriate agencies and has been modified through design changes or conditions of approval. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the San Rafael City Council finds there is no substantial evidence in the record showing that the project could have a significant detrimental impact upon the neighborhood and approves the Parcel Map, Master Use Permit amendment and Environmental and Design Review Permit for 157 Woodland Avenue. The foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 19th day of June, 1995, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor B.o,ro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Je` r;n; M. Leoncini, City Clerk CONDITIONS OF APPR%. AL: Master Use Permit (UP95-5): Plannine Department: 1. This Master Use Permit approves ten townhouse units and 2 single family lots as shown on the site plan prepared by Wallace and Associates and the grading plan prepared by Robert Copple attached as Exhibits D to K to the staff report. 2. The single family residential lots are subject to Environmental and Design Review approval by the Planning Commission. The architectural and landscape guidelines prescribed in the Master Plan for the single family residences are as follows: a. The site design shall minimize grading and tree removal. For each significant tree Oaks more than 6 inches in diameter and other native trees in good health and form more than 12 inches in diameter (as measured 4'6" above the root crown) removed, the proposed landscaping plan shall include at least three replacement trees with a minimum size of 15 gallon. The Design Review Board may recommend reduction of this requirement. An arborist report shall be prepared for each site to evaluate the health of trees and propose guidelines for the preservation of significant trees. b. The architecture of each residence shall be designed to step down the slope. Roof forms shall be broken up and parallel the slope. Large expanses of a wall in a single plane should be avoided on downhill elevations. Overhanging or elevated decks and excessive cantilevers should be avoided. c. Earthtone colors which coordinate with the predominant colors and values of the surrounding landscape are required. d. Landscaping plans must utilize drought tolerant, fire resistant, native plants. e. Heights of retaining walls should not exceed 4 feet. Wall materials shall be constructed of building materials which blend with the site. Grading is to be minimized and maintain a natural appearance with slopes of 2:1 to 5:1. Pads must be of a minimum size for structures. f. Each home shall provide two covered parking spaces and one guest parking space which is not located on the driveway apron. 3. This Master use permit shall run concurrently with the Planned Development District zoning. Any amendment to the Planned District will also require an amendment to the Master Use Permit. Environmental and Design Review Permit (ED95-10): Police Department: 4. Post signs and paint driveways/curbs/parking areas red which have emergency access lanes. 5. 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 four inches in height and shall be of a contrasting color to the background to which they are attached. The address numbers shall be illuminated during darkness. 6. There shall be positioned near the top of the driveway (opposite building "B") an illuminated diagram (scaled schematic drawing of the complex) which shows the location of each individual unit within the complex. 7. Each individual unit within the complex shall display a unique and prominent identification number not less than 6" in height, which is easily visible to approaching vehicular and/or pedestrian traffic. 8. The street address and any complex addresses shall be in sequence with the numerical order of the rest of the street/building. 9. Perimeter walls, fences, trash storage areas, etc., shall be built to prevent access to the roof or balconies. 10. All exterior lighting shall be sufficient to establish a sense of well-being to the pedestrian and one that is sufficient to facilitate recognition of persons at a reasonable distance. Type and placement of lighting shall be to the satisfaction of the Police Department. 11. All garden and exterior lighting shall be vandal -resistant. All exterior lighting shall be on a master photoelectric cell set to operate during hours of darkness. The minimum of one foot candle at ground level overlap shall be provided in all exterior doorways and vehicle parking areas. A minimum of one-half foot candle at ground level overlap shall be provided on outdoor pedestrian walkways. 12. All exterior man doors shall be of solid core construction with a minimum thickness of one and three-fourths inches or with panels not less than nine -sixteenth inches thick. Side garage doors and doors leading from the garage areas to private residences or multiple dwelling residences are included in this requirement. 13. Metal framed glass doors shall be set in metal door jambs. 14. 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 inch in thickness and shall have a minimum hardened steel throw of one-half inch. 15. Exterior man doors and doors leading from the garage areas into the private residences or multiple dwelling residences shall have a dead bolt locking latch device with a minimum throw of one-half inch. A secondary lock is required and shall be a dead bolt lock with a cylinder guard and a hardened steel throw that is a minimum of one inch long. Both locking mechanisms shall be keyed the same. 16. Both locking mechanisms shall be interconnected so that both may be disengaged by turning the door knob from inside. 17. Metal framed glass doors shall have a dead bolt lock with a cylinder guard and a hardened steel throw that is a minimum of 1 inch long. 18. Exterior jambs for doors shall be so constructed or protected so as to prevent violation of the function of the strike plate from the outside. The strike plate shall be secured to the jamb by a minimum of two screws which must penetrate at least two inches into the solid backing beyond the jamb. 19. Front doors shall have a front door viewer that provides a minimum of 180 degrees peripheral vision. 20. Exterior doors that swing outward shall have non -removable hinge pins. 21. In -swinging exterior doors shall have rabbited jambs. 22. Glass on exterior doors or within 40 inches of an exterior door shall be break resistant glass or glasslike material to the satisfaction of the Police Department. 23. All windows within 12 feet of the ground level shall have a secondary lock mounted to the frame of the window. The secondary lock shall be a bolt lock and shall be no less than one-eighth inch in thickness. The lock shall have a hardened steel throw of one-half inch minimum length. 24. Louvered windows shall not be installed within eight feet of the ground level. 25. Any window in or within 40 inches of an exterior door shall be stationary and non removable. 26. Large garage doors shall have either a single locking device attached near the center of the door designed to bolt into the concrete floor or an interior hasp/lock combination affixed to both sides of the door/door frame. 27. Barrier or thorny plants are recommended as an added security measure to deter access to windows (a list of barrier plants is available from the Police Department). 28. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture. 29. The final landscape and lighting plans for the pedestrian path shall be submitted to the Crime Prevention Officer and Planning Department for review. 30. Any alternate materials or methods of construction shall be reviewed with the Crime Prevention Officer before installation. 31. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to occupancy. Fire Department: 32. 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. 33. An approved hammerhead or cul de sac turn around shall be installed and be capable of accommodating fire department apparatus. 34. The net overhead vertical clearance for all access roadways and driveways shall be greater than 13 feet 6 inches. 35. All roadways shall be installed prior to framing. 36. "No Parking Fire Lanes" signs and curb markings shall be installed for the access roadways, parking lots and driveways as specified by the Fire Marshal conforming to Fire Prevention Std. 204. 37. A fire department approved Knox keyway system is required to be installed conforming to Fire Prevention STd. 202. 38. Address to be posted conforming to Fire Prevention Standard 205. 39. An on-site fire hydrant is required due to excessive length from the street. 40. All fire hydrants shall be Jones model 3740 installed and painted by the developer/owner conforming with Fire Prevention Standards. 41. Based on the required fire flow, an automatic residential fire sprinkler system shall be installed throughout conforming to NFPA Std. 13D as modified by the Fire Marshal. 42. 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. 43. A permit application shall be submitted to the Fire Preventidn 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. 44. Due to wildland fire interface area fire retardant roof covering is required with a minimum Class "A" listing. 45. A minimum 30' wide break shall be maintained from the structures. 46. Trash areas next to combustible buildings or openings in any buildings shall be equipped with a fire sprinkler head. 47. Spark arrestors shall be installed conforming to the UBC. 48. UL/SFM smoke a_ _--ctors and openable bedroom v. _.tdows shall be installed confirming to the Uniform Building Code (UBC). Public Works Department: 49. An engineered site plan showing all existing and proposed site conditions shall be submitted with the application for a building permit. 50. A level "B" soils report shall be submitted with the application for a building permit. 51. Appropriate easements shall be created to provide for the installation and maintenance of access driveways, storm drainage facilities, sanitary sewers, and utilities across the parcels. 52. A grading permit will be required. The permit will incorporate measures, including debris barriers, for protecting adjacent properties during excavation 53. Grading plans shall show all proposed and existing contours. 54. Grading, drainage, and foundation plans shall be reviewed and approved by the project soils engineer for compliance with the recommendations of the project soils report. 55. 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. 56. No mass grading shall be done from October 1 through April 15. 57. The site shall be "winterized" and all erosion control measures shall be installed prior to the first day of October. 58. A Storm Water Pollution Prevention plan shall be submitted for approval by the City Engineer. Best Management Practices shall be used. 59. Erosion control plans shall show methods of controlling erosion and siltation during and after final grading. 60. All erosion control measures shall be maintained through the first winter after completion or longer if necessary to fully stabilize the site. 61. The improvement plans shall show all existing and proposed drainage facilities. 62. Each individual lot shall be constructed to properly drain to the street or to an established drainage facility. Subdivision improvement plans shall be referred to the owner of 129 Woodland Avenue to allow him and/or his experts to comment on the proposed drainage improvements prior to approval by the Public Works Department. 63. Runoff from imprL . -,d areas shall be collected and _inveyed to the street or established drainage facilities, by underground conduit. Drainage shall not be diverted or concentrated onto adjoining properties, or onto cut and fill slopes or over sidewalks and driveways. Improvement plans shall be referred to the owner of 129 Woodland Avenue to allow him and/or his experts to comment on the proposed drainage improvements prior to approval by the Public Works Department. 64. The sanitary sewer in Woodland Avenue shall be extended to serve the property. 65. Plans for the sanitary sewer main extension shall be designed by an engineer and shall be subject to the approval of the San Rafael Sanitation District. 66. The sanitary sewer main extension shall conform to the standards of the San Rafael Sanitation District. 67. The improvement plans shall show the location of all existing and proposed sanitary facilities. 68. Each of the proposed lots shall be served with an individual 4" sewer lateral. 69. Any work in the street right-of-way requires an encroachment permit. 70. The improvement plans shall show all proposed and existing frontage improvements. 71. Sidewalk shall be installed along the entire Woodland Avenue frontage. 72. All existing curb, gutter, and sidewalk damaged during construction shall be replaced to the satisfaction of the City Engineer. 73. All frontage improvements shall be constructed in accordance with the "Uniform Construction Standards for the Cities and Counties of Marin." 74. Any unused driveway approaches shall be removed and reconstructed with standard curb, gutter, and sidewalk. 75. The improvement plans shall show all existing and proposed utilities. 76. All utility services shall be underground. Planning Department: 77. This Environmental and Design Review Permit approves the design of the 10 townhouses and the 3 lot subdivision. The townhouses shall be constructed in accordance with the elevations and floor plans prepared by Wallace and Associates dated March 15, 1995 and attached as exhibits D -K of the staff report. The solid fence shown on the plans shall be revised to provide a six foot solid fence with a 2 foot trellis. Any further revisions to the approved architectural plans are subject to Planning Department review. Major changes shall be referred to the Planning Commission for review. 78. The design of the , o single family homes is subjet- co the design standards established under the Planned Development District Ordinance and Master Use Permit. 79. Prior to issuance of a building permit, the applicant is to comply with conditions of the Marin Municipal Water District to obtain water service to the new building. 80. All landscape plans shall meet the requirements of the Marin Municipal Water District (MMWD). The plans shall be submitted to MMWD for review and approval. 81. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. Prior to building final, the developer/ property owner shall provide a four year maintenance contract for landscaping or post a four year maintenance bond. Contract and bonding requirements shall terminate if responsibility for the landscaping is assumed by a Homeowner's Association. 82. All utilities fronting or crossing the subject property shall be placed underground where possible. 83. All construction at the site, including subdivision improvements, shall be limited to the hours between 8:00 AM and 5:00 PM Monday through Friday. Construction is not permitted on Saturday or Sunday and City holidays. 84. All landscaping shall be installed prior to the occupancy of the building or the property owner shall post a bond in the amount of the estimated landscaping cost with the City of San Rafael. In the event that a bond is posted, all areas proposed for landscaping must be covered with bark or a substitute material approved by the Planning Department prior to occupancy and the approved landscaping must be installed within three months of the Marin Municipal Water District lifting their drought restrictions limiting water use for landscaping. 85. Street trees on the basis of one tree for each 30 feet of street frontage shall be required for this project and shown on the landscape plan. The minimum tree size shall be 15 gallon, six feet tall planted, and have a trunk caliper of at least one inch. 86. A plan for eradicating the broom on the site shall be submitted to the Planning Department for approval prior to the issuance of a building permit. 87. Prior to issuance of a building permit for the townhouses, an acoustical report shall be prepared which demonstrates that General Plan policies for noise levels are met. 88. A detailed lighting plan shall be submitted for approval prior to the issuance of a building permit. After the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 30 day lighting level review by the Planning Department staff to insure compatibility with the surrounding area. 89. Landscaping on both sides of the driveway is limited to 3 feet in height from the pavement. The applicant must consult with their traffic engineer to determine the distance required to keep the landscaping height limit. 90. A traffic mitigation -e of $21,580 shall be paid. This s,, -.L is to be prorated among the twelve units to be constructed and is to be paid by each owner of each individual lot before issuance of a building permit. 91. A BMR agreement shall be entered into for one townhouse unit prior to issuance of a building permit for the townhouse units or prior to recordation of the final map for the subdivision. The BMR unit shall be affordable to moderate income households at 80% to 100% median income and shall be subject to the City's current written BMR agreement restricting sales price on said unit on resale. 92. This design review approval shall run concurrently with the Development Agreement (DA95-1) approved for the site. Small Subdivision (s95-1) Public Works Department 93. The drainage easement serving Lots 1 and 2 shall be extended across Lot 3 to provide a continuous drainage path to Woodland Avenue. 94. A parcel map shall be recorded for this subdivision. Planning Department 95. In accordance with the City's Park land Dedication Ordinance, park land dedication fees in the sum of $21,708. shall be paid prorata and equally upon issuance of building permits for each of the 12 units in the development project. 96. Building envelopes shall be shown on the parcel map. All structures and accessory buildings must be located within the envelope. Minor improvements, such as pathways, decks, and patios can occur outside the envelope if approved under an Environmental and Design Review permit. 97. This approval shall run concurrently with the Development Agreement (DA95-1) approved for the site.