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HomeMy WebLinkAboutCC Resolution 9290 (Oakview School Site Master Use Permit)RESOLUTION 9 2 9 0 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE TENTATIVE MAP, MASTER USE PERMIT AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR THE OAKVIEW SCHOOL SITE, 70 SKYVIEW TERRACE (AP 165-010-54) WHEREAS, on September 16, 1994, applications requesting a Tentative 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 December 13, 1994 the San Rafael Planning Commission held a duly noticed Public Hearing on the proposed Tentative 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 January 17, 1995 the San Rafael City Council held a duly noticed Public Hearing on the proposed Tentative 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 Low Density Residential to Public/Quasi Public; 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 determined that 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 slope of the lot and the Land Use designation; and, WHEREAS, the City Council determined that 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 Public/Quasi Public and 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; and, A-RIGINA1 „40 WHEREAS, the City Council determined that 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; and, WHEREAS, the City Council determined that 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; and, WHEREAS, the City Council determined that based on the review by the Design Review Board and the information contained in the Negative Declaration and the December 13, 1994 Report to Planning Commission report, the site is physically suited for the proposed type and intensity of development; and, WHEREAS, the City Council determined that based on the information contained in the Negative Declaration and the December 13, 1994 Report to Planning Commission, the design of the 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; and, WHEREAS, the City Council determined that 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; and, WHEREAS, the City Council determined that as conditioned the 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 is consistent with the goals and policies of the General Plan 2000 including the following Policies: Land Use Policies LU -9, Residential Land Use Categories, LU -18, Other Land Use Categories, (a) Public/Quasi-Public, LU -12, Master Plan Zoning, LU -21, Building Heights, LU -30, Street Tree Planting, 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/H- 22, Resale Controls on Owner-Occupied/Rental BMR Units, and H-29, School Sites; Recreation Policies R-4 New Development and R-21, School Site Recreation Facilities; 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, S-11, Seismic Safety of New Buildings. S-18, Erosion, S-20, Maintenance and Landscaping for Fire Safety, S-21, Fire Safety of New Development, S-22, New Development in Fire Hazard Areas, S-23, Safety review of Development, and S-24, Access for Emergency Vehicles; and, Residential Neighborhood Policies RES -2, High School and Surplus School Sites, and RES -3, Consistency With Prevailing Densities in Developed Single Family Neighborhoods: and, -2- WHEREAS, the City Council determined that 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 as the non-profit uses have been in operation at the site since 1977 and the residential uses are consistent with the surrounding development; and, WHEREAS, the City Council determined that 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; and, WHEREAS, the City Council determined that 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; and, WHEREAS, the City Council determined that 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 are incorporated into the project design through conditions of approval; and, WHEREAS, the City Council determined that the project design minimizes adverse environmental impacts because the project has been reviewed by the City's Design Review Board at three meetings over a two month period. Through these reviews the Master Plan was revised to specify residential design standards including setbacks, lot coverage, height, parking, architecture, landscaping and fencing. Additional design standards are specified for residential lots with individual characteristics not common between all lots and for the non-residential lot. The Master Plan also specifies a maintenance plan for open space easements and project drainage to ensure that these areas are well maintained. The Design Review Board required several aspects of the landscaping (streetscape specifics and front yard landscape plans for the individual residential lots) to return for review when more detailed plans are developed, prior to recordation of the Final Map; and, WHEREAS, the City Council determined that 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 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 Tentative Map, Master Use Permit amendment and Environmental and Design Review Permit for the Oakview School Site at 70 Skyview Terrace. -3- The foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 17th day of January, 1995, by the following vote, to wit: AYES: COUNCILMEMBERS : Heller, Zappetini and Vice -Mayor Cohen NOES: COUNCILMEMBERS : None ABSENT: COUNCILMEMBERS : Mayor Boro _ A. Jea a M. Leoncini, City Clerk WE FILE NO. GPA94-,. :94-2/TS94-1 /UP94-7/ED94-14 CONDITIONS OF APPROVAL: (Amended by City Council January 17, 1995 and renumbered to include No. 13 which was previously omitted.) Tentative Subdivision (TS94-1): Public Works Department: 1. 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. 2. An engineer's estimate shall be submitted for the cost of the proposed improvements. The estimate shall be subject to the approval of the City Engineer. 3. Based on the engineer's estimate, bonding, or other approved security, shall be supplied to insure the completion of the improvements. 4. Prior to the acceptance of the Final map, plan check and inspection fees shall be paid based on the engineer's estimate. 5. Prior to recordation of the Final map engineered improvements plans shall be submitted for construction of all public and common area improvements. 6. Prior to acceptance of the subdivision improvements mylar "As Builts" for all improvements shall be submitted. 7. A grading permit will be required. 8. Grading plans shall show all proposed and existing contours. 9. 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. 10. 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. 11. No mass grading shall be done from October 1 through April 15. 12. The final grading plans shall be prepared in accordance with the recommendations of the soils report prepared by Miller Pacific Engineering Group, dated January 17, 1994, and with their response letter to the City's geotechnic review comments dated September 28, 1994. 13. A Storm Water Pollution Prevention plan shall be submitted for approval by the City Engineer. Best Management Practices shall be used. - 1 - RLENO. GPA94-94-2/TS94-1/UP94-7/ED94-14 14. Erosion control plans shall show methods of controlling erosion and siltation during and after final grading. 15. All erosion control measures shall be maintained through the first winter after completion or longer if necessary to fully stabilize the site. 16. As directed by the City Engineer, downstream drainage facilities shall be cleaned of all silt emanating from the project during the first winter. 17. The site shall be "winterized" and all erosion control measures shall be installed prior to the first day of October. 18. The improvement plans shall show all existing and proposed drainage facilities. 19. Each individual lot shall be constructed to properly drain to the street or to an established drainage facility. 20. All existing drainage v -ditches shall be inspected and repaired as necessary to the satisfaction of the City Engineer. 21. A maintenance access easement shall be shown on the Final map to provide the City with access to the storm drain line to be dedicated. 22. The location of drainage v -ditches along the westerly property boundary shall be verified. If v -ditches serving the downhill properties are located on the Oakview site, appropriate access easements shall be created to allow maintenance access by the downhill property owners. 23. The existing 15" corrugated metal drainage pipe on the southerly portion of the property shall be inspected and repaired or replaced to the satisfaction of the City Engineer prior to acceptance for maintenance by the City. An appropriate easement for the pipeline shall be granted. 24. Prior to approval of the subdivision improvement plans a letter shall be submitted from Las Gallinas Valley Sanitary District indicating that they have reviewed the plans and reports, and that sewer connections are available. 25. The improvements plans shall show all proposed and existing frontage improvements. 26. All existing curb, gutter, and sidewalk damaged during construction shall be replaced to the satisfaction of the City Engineer. 27. Any unused driveways shall be removed and reconstructed with standard curb, gutter and sidewalk. 28. Signing, striping, and other traffic control devices shall be installed as required by the City Engineer. -2- FILE NO. GPA94-3. g4-2/TS94-1/UP94-7/ED94-14 29. The improvements plans shall show the horizontal and vertical alignment of roadways. This shall be subject to the approval of the Fire Department and the City Engineer. 30. The roadway shall be constructed to the typical sections shown on the Tentative Map unless otherwise approved by the City Engineer. 31. The extension of Montevideo Way shall be offered for dedication to the City in fee. 32. All frontage improvements shall be constructed in accordance with the "Uniform Construction Standards for the Cities and County of Marin." 33. The final roadway section design shall be reviewed by the soils engineer and shall be subject to the approval of the City Engineer. 34. The improvement plans shall show all existing and proposed utilities. 35. All new utilities shall be underground. 36. Street lights shall be installed along the Montevideo Way extension in accordance with City standards and as approved by the City Engineer. 37. The improvements plans shall be reviewed and approved by each of the respective utilities companies. 38. Utilities shall be provided to each of the proposed building sites. 39. Street trees as approved by the City Engineer and Planning Director, shall be installed along the public street. 40. All proposed street trees shall be planted with plastic root shields as approved by the City Engineer. Las Gallinas Vallev Sanitary District: 41. The proposed project must apply for and receive an allocation of sewer capacity from the sanitary district before it can receive sewer service. 42. 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. 43. The Las Gallinas Sanitary District does not allow individual sewer pumps. Elevations must be such that each building can be served by gravity. 44. The Las Gallinas Valley Sanitary District strongly discourages the construction of 'back yard sewers" because of the difficulties in maintenance. Every effort should be made to construct sewers in public or private streets. Every manhole must be accessible to a 1-1/2 ton truck. -3- FILE NO. GPA94z . '94-2/TS94-1 /UP94-7/ED94-14 Plannine Devartment: 45. 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. 46. Prior to recordation of the Final Map, the property owner shall enter into an agreement with the City to guarantee that 10% (two units) of the total project density is set aside for below market rate households (80 to 100% of the median income) for at least 40 years. 47. Prior to issuance of building permits or prior to the recordation of a final subdivision map, 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 $36,210.76 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. 48. Prior to recordation of the Final Map a Homeowners Association or other responsible entity which has been reviewed and approved by the Planning Director, Public Works Director and City Attorney shall be formed to provide maintenance of the v -ditch, subdrains, and open space easements. 49. The Conditions, Covenants, and Restrictions (CC&Rs) for the subdivision shall be reviewed and approved by the Planning Director and City Attorney prior to the approval of the Final Map by the City Council. The CC& Rs shall be recorded with the Final Map. The CC&Rs shall include provisions for the maintenance of the v -ditch, sub drains, and open space easement areas. 50. This Tentative Map shall approve a 21 lot subdivision as shown on Exhibit "C" attached to the Planning Commission staff report for the Meeting of December 13, 1994 and the City Council staff report for the meeting of January 17, 1995, including any changes to these plans noted in the Conditions of Approval. 51. Prior to recordation of the Final Map, detailed landscape and fencing plans shall be developed for the streetscape, including Lot 21, the rear landscape and deer fencing along Lots 11 through 20 and the wood fencing and landscaping on the property line of Lot 21 and Lots 2, 3, 4, and 10 shall be reviewed by the Design Review Board. 52. This subdivision is approved for two years or until January 17, 1997 unless renewed. Prior to expiration, the applicant may apply for an additional one year time extension. Fire Devartment 53. The emergency access road connection on parcel 21 shall have an all weather surface capable of supporting 40,000 pounds gross vehicle weight. The cost of the road shall be included in the engineer's' estimate for the cost of the proposed improvements. The road shall be constructed in conjunction with the extension of Montevideo Way. -4- FILE NO. GPA94�,-C94-2/TS94-1/UP94-7/ED94-14 54. The Homeowners Association or other responsible entity approved in accordance with condition 48 shall be responsible for any grass or brush clearance necessary on the open space easement areas in order to maintain a 100' wide break from any structures on Lots 11 through 20 and to maintain a 30' wide break from structures on Lots 4 and 5. Master Use Permit (UP94-7): Plannine Devartment: 55. This Master Use Permit approves nineteen (19) single-family units, one (1) duplex unit and a maximum 17,825 gross square feet of non-residential uses. The non-residential uses are limited to non-profit agencies that have a programmatic emphasis on services to Marin County's children, youth, and their families. Administrative offices and programmatic services will be the primary use. Occasional periodic tenant Board meetings, training sessions, client services and public service meetings will be permitted. The Oakview Nursery School is limited to enrollment of 90 children on- site at one time, 10 employees and the hours of operation shall be between 7:00 AM and 6:00 PM, Monday through Friday. For profit uses on this site are expressly prohibited (with the exception of the Oakview Nursery School). On January 1 of each year, the operators of the non-profit parcel shall submit a report to the Planning Director listing the tenants in each space. In addition, any proposed change in tenant occupancy shall be submitted to the Planning Director, and reviewed for compliance with the tenant standards established under this Master Use Permit, prior to occupancy. Any expansion of the Nursery School shall require an amendment to the Master Use Permit. 56. There are 71 PM peak hour historical trips and 53 PM peak hour trips in Appendix B of the General Plan for a total of 124 PM peak hour trips associated with the site. Sixty- four (64) PM peak trips are associated with this Master Use Permit. Since the project generates less PM peak hour trips than are historically associated with the site, there are no traffic mitigation fees associated with the project. The approval of this Master Use Permit releases the unused fifty-three (53) PM peak hour trips provided the property in General Plan. These trips will be put into the Northgate general trip reserve. The seven (7) remaining unused historical trips shall be allocated to Lot 21 for non-profit uses. 57. The architectural and landscape guidelines prescribed in the Master Plan as well as conditions regarding landscaping of Lot 21 shall be used in review of development of all projects on the 13.44 acre site. All residential buildings on lots 10-20 and the proposed 5,000 square foot building addition and 27 space parking lot on lot 21 shall be reviewed by the Design Review Board and approved by the Planning Commission. The residences on parcels 1-9 shall be reviewed by the Design Review Board and approved by the Zoning Administrator. 58. The new 27 space parking lot on Lot 21 shall meet the minimum standards as specified in the Zoning Ordinance. Seven (7) additional stalls on Lot 21 shall be installed prior to the removal of the parking area adjacent to Montevideo Way. An improvement -5- FILE NO. GPA94-5.—,94-2/TS94-1 /UP94-7/ED94-14 plan to provide 7 parking spaces on Lot 21 shall be submitted to and approved by the Design Review Board prior to recordation of the Final Map. A plan for the total required 27 parking spaces shall be reviewed by the Design Review Board and approved by the Zoning Administrator prior to issuance of a building permit for the additional 5,000 square foot building proposed for Lot 21. 59. The visual impacts of buildings on lots 11 through 20 shall be considered during project review. These lots shall be reviewed as one proposal and the design guidelines in the Planned District shall be enforced to avoid the creation of a "wall effect" on these lots. 60. Lots 1 and 6 shall be subject to the City's Hillside Design Guidelines. Residences on the other parcels are exempt from the Guidelines. 61. The Master Plan shall be revised to include a maximum 40% lot coverage permitted on Lots 1 through 10. 62. The Master Plan shall be revised to reflect that the fencing along the common property lines of Lot 21 and Lots 2, 3, 4 and 10 shall be a 6' high wood fence of uniform design. 63. For any phased development, any undeveloped parcel shall be mowed, or alternatively maintained for fire and grass control, and shall be kept in a clean and orderly fashion at all times. 64. This Master use permit shall run concurrently with the subdivision map. If the tentative map expires, this Master Use Permit shall also expire and become invalid. Environmental and Design Review Permit (ED94-14): Police Department: 65. Post signs and paint driveways/curbs/parking areas red which have emergency access lanes. 66. 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. 67. The address shall be in sequence with the numerical order of the rest of the street/building. 68. Exposed roof vents and ducts shall be grated or constructed of an impact resistant material to the satisfaction of the Police Department. Skylights shall be secured and hatch openings shall be burglary resistant. Glazing shall be of a burglary resistant glass or glasslike material. -6- FILE NO. GPA94-,S .-V4-2/TS94-1/UP94-7/ED94-14 69. Perimeter walls, fences, trash storage areas, etc., shall be built to prevent access to the roof or balconies. 70. Permanently fixed ladders to roofs shall be fully enclosed with sheet metal to a height of 10 feet. This covering shall be locked against the ladder with a case hardened hasp secure with non -removable screws or bolts. If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and have a minimum of 5 pin tumbler operation. 71. All exterior lighting shall be sufficient to establish a sense of well-being to the pedestrian and one that is sufficient to facilitate recognition of persons at a reasonable distance. Type and placement of lighting shall be to the satisfaction of the Police Department. 72. All exterior 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. 73. Metal framed glass doors shall be set in metal door jambs. 74. 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. 75. Exterior man doors and doors leading from the garage areas into the private residences or multiple dwelling residences shall have a dead 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. 76. Both locking mechanisms shall be interconnected so that both may be disengaged by turning the door knob from inside. 77. 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. 78. 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. 79. Front doors shall have a front door viewer that provides a minimum of 180 degrees peripheral vision. 80. Delivery doors shall have a front door viewer that provides a minimum of 180 degrees peripheral vision. -7- FILE NO. GPA94 .C94-2/TS94-1 /UP94-7/ED94-14 81. Exterior doors that swing outward shall have non -removable hinge pins. 82. In -swinging exterior doors shall have rabbited jambs. 83. 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. 84. 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. 85. Louvered windows shall not be installed within eight feet of the ground level. 86. Any window in or within 40 inches of an exterior door shall be stationary and nonremovable. 87. Barrier or thorny plants shall be added to the following locations to deter access to windows (a list of barrier plants is available from the Police Department). 88. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture. 89. Any alternate materials or methods of construction shall be reviewed with the Crime Prevention Officer before installation. 90. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to occupancy. Fire Department: 91. 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. 92. Roadway turning radius shall not be less than 35 feet. 93. An approved hammerhead or cul de sac turn around shall be installed and be capable of accommodating fire department apparatus. 94. The net overhead vertical clearance for all access roadways and driveways shall be greater than 13 feet 6 inches. 95. All roadways shall be installed prior to framing. 96. "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. 97. Address to be installed conforming to Fire Prevention Standard 205. -8- FILE NO. GPA94 C94-2/TS94-1 /UP94-7/ED94-14 98. Fire hydrants shall be installed capable of supplying the required fire flow. The hydrants shall be spaced at 300 ft. intervals, spotted by the Fire Marshal and be installed prior to framing. 99. All fire hydrants shall be Jones model 3740 installed and painted by the developer/owner conforming with Fire Prevention Standards. 100. 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. 101. 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. 102. Due to wildland fire interface area fire retardant roof covering is required with a minimum Class "A" listing. 103. A minimum 100' wide break (brush clearing) shall be maintained from the structure on lots 11-20. A minimum 30' wide break shall be maintained from the structures on all other lots.. 104. Spark arrestors shall be installed conforming to the UBC. 105. UL/SFM smoke detectors and openable bedroom windows shall be installed conforming to the Uniform Building Code (UBC). Public Works Department: 106. An engineered site plan showing all existing and proposed site conditions shall be submitted with the application for a building permit. 107. A level "B" soils report shall be submitted with the application for a building permit. 108. The project soils engineer shall review the site, foundation, and drainage plans for compliance with the recommendations of the project soils report. 109. All earth and foundation work shall be done under the direction of a soils engineer and a final report shall be submitted prior to acceptance of the work. Planning Department: 110. This Environmental and Design Review Permit approves the design of the 21 lot subdivision and the residential design standards set forth in the Oakview Master Plan prepared by Forsher + Guthrie, dated December 6, 1994 with corrections as noted in the staff report to be made prior to review by the City Council. -9- FILE NO. GPA94 _C94-2/TS94-1/UP94-7/ED94-14 111. The design of all structures is subject to the design standards established under the Oakview Master Plan and the Planned Development District (Ordinance 1673). 112. 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. 113. All new mechanical equipment on Lot 21 (i.e., air conditioning units, meters and transformers) and appurtenances not entirely enclosed within the structure (on side of 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. 114. All trash enclosures on parcel 21 shall be constructed of concrete block or masonry and surfaced with the same materials used for the main building. 115. 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. 116. 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 two year maintenance contract for landscaping or post a two year maintenance bond. Landscaping the front yards and landscaping shown on the Master Plan outside the deer fence on parcels 11-20 is the responsibility of the project developer. 117. All utilities fronting or crossing the subject property shall be placed underground where possible. 118. 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. 119. 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. 120. 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. 121. This design review approval shall run concurrently with the tentative subdivision map approvals and shall be null and void if the tentative map expires. -10-