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HomeMy WebLinkAboutCC Resolution 8243 (Loch Lomond 10)RESOLUTION NO. 8243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF TENTATIVE MAP TS86-4 A 28 LOT SUBDIVISION TO BE LOCATED AT LAS CASAS DRIVE EXTENSION AND INVERNESS DRIVE (LOCH LOMOND #10) WHEREAS, a tentative subdivision map application for the development of 30 single family residences on the subject property was submitted; and WHEREAS, a Final EIR was prepared pursuant to the California Environmental Quality Act and City of San Rafael Environmental Review Guidelines, and certified by the Planning Commission on August 15, 1989; and WHEREAS, the Planning Commission conducted a hearing open to public comment on August 15, 1989, to consider conditional approval of the tentative subdivision map application; and WHEREAS, the Planning Commission on August 29, 1989, adopted a resolution approving the tentative subdivsion map with revisions to the conditions of approval requiring the project to be modified from 30 lots to 28 by eliminating Lots 12 and 13; and WHEREAS, the Loch Lomond Homeowners Association on August 30, 1989, appealed the Planning Commission's approval based on the following assertions: 1. that off-site geologic hazards were not adequately studied; 2. that the tentative map conditirtns of approval did not require adequate financial assurance for the maintenance of drainage and slide mitigation devices; and 3. that the mitigation monitoring program adopted as part of the project approval did not require adequate on-site monitoring. WHEREAS, the appeal was considered by the City Council at duly noticed public hearings on January 16, 1990, March 5, 1990, and March 19, 1990; and WHEREAS, the Council received public testimony and considered information provided by staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of San Rafael hereby determines that portion of the appeal relating to the adequacy of geologic studies is denied. The City Council finds that the geologic studies of the site and the proposed project are adequate. This finding is based on the qualifications of the studies' authors, the results of the peer review conducted in the project Environmental Impact Report, public testimony received at hearings and testimony by Public Works Department staff. BE IT FURTHER RESOLVED That the following conditions are amended to read as follows in response to the appeal: (U) Prior to approval and recordation of the final map, the conditions, covenants and restrictions (CC & R's) shall be approved by the City Attorney and Planning Department. The CC & R's shall provide for the formation of a Home Owners Association (HOA). The CC & R's shall define the HOA's responsibility for maintenance of all private roadways and open space within the subdivision. The HOA shall provide liability insurance coverage for the open space. The HOA shall indemnify and hold the City harmless. (gg) Maintenance of the landslide hazard mitigation facilities consisting of on-site drainage and sediment/debris control devices shall be the responsibility of the City of San Rafael (Public Works Department). A Mello -Roos Community Facilities District shall be formed prior to recordation of the Final Subdivision Map to provide funding for maintenance. The District shall incorporate all property in the Loch Lomond #10 Subdivision except that the below market rate units shall be exempted from any taxes assessed by the District. Maintenance shall be done per City of San Rafael Public Works Department standards and shall incorporate the following: - periodic cleanout of debris/sediment from behind debris embankments, catchment walls, deflection walls, debris fences and from stilling basins; - timely repair of damage such as to debris fences, maintenace access roadways, V -ditches and standpipes; - periodic cleanout of any debris from V -ditches, storm drain pipes and other surface drainage facilities; - inspection and cleanout of any obstructions in subdrain pipes. The CC & R's shall state that all homeowners in the Loch Lomond #10 Subdivision are part -2- of a Mello -Roos Community Facilities District, formed at the time of subdivision approvals, to provide funding for the maintenance of needed landslide hazard mitigation faciliites and the City's self-insurance fund. Each homeowner in the District shall be levied an annual tax by the City Council of San Rafael to maintain these facilities. Prior to final map recordation, the applicant shall submit written verification to the Planninq Department that a Mello -Roos Community Facilities District has been approved. (Mitigation Measure) 0j) The 43 acres of open space 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(s), 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 fina.] map. A 20 foot wide public access easement and graded fire trail capable of supporting 35,000 gross vehicle weight shall be provided between Lots 7 and 8, extending northward into the proposed open space easement. Maintenance shall be funded by the Mello -Roos District.This access is limited to pedestrian and equestrian access. Implementation of the graded fire trail shall be verified in writing by the Fire Department to the Buildinq Department prior to occupancy of the first home. (Mitigation Measure) BE IT FURTHER RESOLVED that the following conditions are added to the Tentative Map as approved by the Planning Commission and as amended by the City Council. K(8) A Mello -Roos Community Facilities District shall be created prior to recordation of the Final Map to fund the following: -3- (a) maintenance of on-site drainage facilities, fire and access roads and sediment/debris control measures; (b) a sinking fund, amortized over ten years, to cover the cost of replacing on-site drainage facilities, fire and access roads and sediment/debris control measures; and, (c) the subdivision's contribution to the City of San Rafael's self-insurance fund at a rate adequate to assure at least $500,000.00 capitalization in a ten year period. K(9) The applicant shall pay all costs for inspection services retained by the Public Works Department to monitor, on a full-time basis, all grading and construction of public improvements. The inspection service shall monitor grading and construction of public improvements at all times when such construction is underway and until its completion. The inspection service shall be responsible for enforcement of all applicable codes and subdivision conditions and the preparation of mitigation monitoring reports relating to grading and public improvements and as further determined by the Public Works Director. N(13) On-site drainage and sediment/debris control measures and access roads are to be dedicated to the City of San Rafael and shall be located within easements dedicated to the City. N(14) Maintenance of City -owned on-site drainage and sediment/debris control measures and fire and access roads shall be funded by the property owners with a Mello -Roos Community Facilities District. (vv) The applicant shall contribute $500,000.00 to the City of San Rafael's self-insurance fund to pay for costs to the City for damages due to sliding, erosion or drainage attributable to property or improvements within this subdivision including open space areas. Payment to the self-insurance fund shall be made on the following schedule: $200,000 - prior to the City's acceptance of the dedication of public improvements $300,000 - in three payments of $100,000 each at or before the first, second and third anniversary of the dedication of public improvements. Payments due after the dedication of public improvements may be funded by the Mello -Roos Community Facilities District and interest earned. The applicant and/or his successors shall be repaid the $500,000.00 self-insurance fund contribution from the proceeds of the Mello -Roos district. Repayment to the applicant Sm shall be made in annual payments over a ten year period. The need to maintain a $500,000.00 deposit from the subject property to the City's self-insurance fund shall in all instances take precedent over the obligation to repay the applicant. The repayment schedule may be extended accordingly. BE IT FURTHER RESOLVED that the City Council hereby denies the Loch Lomond Homeowners Association's appeal as it relates to the adequacy of financial assurance for the maintenance of drainage and slide mitigation devices. This determination is based on the following findings: 1. The Council finds that the tentative map conditions make adequate provision for maintenance of mitigation devices. The mitigation devices will be designed to City standards, inspected by the City and maintained by the City. Maintenance costs will be funded by a Mello -Roos Community Facilities District. In reviewing these plans and proposed conditions, the City Council has considered the expert testimony of the Planning and Public Works Department staff and legal consultants retained to advise on the formation of the Mello -Roos district. Amended and added conditions (U), (gg), (jj), K(8), N(13) and N(14) are evidence supporting this finding. 2. The City Council further finds that adequate financial assurance has been provided by the tentative map conditions to protect the City and the public interest from liability relating from failure of the mitigation devices. This finding is based on conditions K(8) and (vv) which require the formation of a Mello -Roos district and contributions by that district and by the applicant to the City's self insurance fund. The City Council considered evidence from the Planning, Public Works and Finance Department staff on the adequacy of this funding provision to cover liabilities relating to potential failure of the mitigation devices. BE IT FURTHER RESOLVED that the City Council hereby denies the Loch Lomond Homeowners Association appeal as it relates to the adequacy of the mitigation monitoring program. This determination is based on the following finding: 1. The Council finds that the tentative map conditions make adequate provision for mitigation monitoring. This finding is based on the contents of the project Environmental Impact -5- Report, and the testimony of Planning and Public Works Department staff. The Council has also considered tentative map condition K(9) which requires full time, on-site monitoring of grading and public improvement construction by inspection staff retained by the Public Works Department. The City Council in approving condition K(9) considered the request by the Loch Lomond Homeowners Association that full time on-site inspection be required to assure the adequacy of the mitigation monitoring program. BE IT FURTHER RESOLVED that the City Council hereby approves Tentative Map TS86-4 subject to the conditions of approval attached to the Resolution as Exhibit A. I, JEANNE M. LEONCINI, Clerk of the City Council 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 Council of said City on the 17th day of September, 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 0I-8 JaE 1*1 LEONCINI, ity C• erk am Conditions of Approval: FIRE DEPARTMENT EXHIBIT A (a) Jones 3740 fire hydrants should be placed every 300 feet, as designated by the Fire Marshal. Fire lines and hydrants are to meet fire flow requirements for dwelling units. (b) All roadways shall be a minimum of 20 feet wide and unobstructed, with "no parking fire lane" signs posted on one side of the roadways and in the cul-de-sacs. Roads shall not exceed an 18% grade. The radius of the cul-de-sacs shall not be less than 35 feet. (c) Automatic fire residential sprinklers should be installed in all proposed structures conforming to NFPA Standard 13D, as modified by the Fire Marshal. (d) A 16 foot wide and unobstructed fire access shall be maintained between Lots 7 and 8 capable of supporting 35,000 pounds gross vehicle weight. (e) Driveways exceeding 150 feet shall have installed hammerheads designed to meet turnaround capabilities of Fire Department apparatus. (f) Roof covering shall be of fire retardant material conforming to UBC Chapter 32 due to the potential wildland fire hazard area. (g) Roadways and hydrants shall be completed prior to lumber being placed on lots. Additional structural comments are to be made upon design review or building permit applications. POLICE DEPARTMENT *(h) To expedite emergency response, houses should be sited to face the roadway and addresses should be clearly visible for emergency vehicles to identify. Implementation of the requirements for siting of the homes shall be verified in writing to the Building Department by the Police Department prior to the issuance of a building permit. (Mitigation Measure) (i) Addresses are to be in numerical order on each street starting with #1 and progressing. (j) There shall be no street names that are similar to existing streets in San Rafael. PUBLIC WORKS (k) Plans and Agreements (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 approval by the City Engineer. (3) Based on the engineer's estimate, bonding, or other approved security, shall be supplied to insure the completion of improvements. Bonding shall be maintained for two years after acceptance of dedication of improvements to ensure adequate performance. (4) Improvement plans shall include mitigations recommended in the approved EIR in addition to the specific conditions listed below. (5) Prior to recordation of the final map, engineered improvement plans shall be submitted for construction of all public and common area improvements. (6) Prior to acceptance of subdivision improvements, Mylar "As Builts" for all three phases of the subdivision shall be submitted. *(7) Bonding shall be required to cover any damages to adjacent properties so that any damage is paid for and repaired by the developer. The applicant shall submit written verification to the Planning Department on a monthly basis itemizing damages to adjacent properties. (Mitigation Measure) (8) A Mello -Roos Community Facilities District shall be created prior to recordation of the Final Map to fund the following: (a) maintenance of on-site drainage facilites, fire and access roads and sediment/debris control measures; (b) a sinking fund, amortized over ten years, to cover the cost of replacing on-site drainage facilities, fire and access roads and sediment/debris control measures; and, (c) the subdivision's contribution to the City of San Rafael's self-insurance fund at a rate adequate to assure at least $500,000.00 capitalization in a ten year period. (9) The applicant shall pay all costs for inspection services re- tained by the Public Works Department to monitor, on a full-time basis, all grading and construction of public improvements. The inspection service shall monitor grading and construction of public improvements at all times when such construction is underway and until its completion. The inspection service shall be responsible for enforcement of all applicable codes and sub- division conditions, and the preparation of mitigation monitoring reports relating to grading and public improvements and as further determined by the Public Works Director. (1) Grading and Earthwork (1) All cut and fill slopes shall be contour graded and rounded to provide a natural looking shape. (2) Grading, drainage and foundation plans shall be reviewed and signed by the soils engineer. (3) 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. (4) The final soils report shall contain specific recommendations for the construction of buildings on each of the lots. (5) A grading permit will be required if imported material is required. (6) Grading plans shall show all proposed and existing contours, as well as proposed drainage improvements. Grading above the 235 foot elevation on Lots 20-23 shall be prohibited. (7) All existing fallen trees and timber shall be removed from the site. (8) All unstable or loosely rooted trees shall be removed. (9) The necessity and design of debris catchment walls shall be incorporated into the final plans for approval by the City Engineer. (10) No mass grading is to be done from October 1 through April 15. (11) Downhill walls shall be reinforced concrete or reinforced concrete block. Uphill walls, not exceeding four feet in height may be pressure treated timber with steel I-beam posts. *(12) Cut and fill slopes shall be no steeper than 2:1 (horizontal to vertical). Fills are to be constructed in accordance with the site preparation and grading specifications as contained in the Van Houten Consultants reports of November 8, 1985, December 23, 1987, and July 27, 1988. These recommendations include landslide correction measures in the development area: underdrained buttresses and subdrains. Implementation of the requirements for fill shall be verified in writing to the Building Department by the geotechnical consultant prior to the issuance of the _grading or fill permit. (Mitigation Measure) (13) Grading shall be limited to estimated 50,000 cubic yards. Any significant variation or amendment in the grading plan shall require review by the Planning Commission. -2- *(14) All exposed cut and fill slope areas shall be revegetated to control erosion, collection and diversion of concentrated flows away from cut and fill slopes, and installation of appropriate energy dissipation devices at storm drain outlets. Short term mitigation measures consist of limiting the time of grading to relatively dry weather conditions and provision of temporary erosion control and silt collection measures in accordance with the City of San Rafael requirements. A landscape architect or similar professional shall submit written verification to the Planning Department that landscaping has been installed on exposed slopes prior to November 1 of the year in which grading has occurred. (Mitigation Measure) *(15) Debris embankments, catchment walls, debris fences, deflection walls, stilling basins and trash racks shall be utilitzed as shown on Figure 1 in the Final EIR. Implementation of the requirements for the location and design of these facilities shall be verified to the Building Department by the geotechnical consultant prior to the issuance of a grading eermit. (Mitigation Measure) *(16) Each of the stream channels within the property, where no grading is planned, shall be surveyed by a certified engineering geologist and all trees recommended for removal, fallen or standing, shall be clearly marked. Removal shall take place at the time of construction of access roadways to the landslide hazard mitigation facilities. A certified engineering geologist shall submit a written survey of all trees recommended for removal to the Planning Department prior to the issuance of a grading permit. (Mitigation Measure) *(17) The contractor shall be responsible for the immediate cleanup of any materials spilled on City streets as a result of grading or hauling operations. The applicant shall submit written verification to the Public Works Deeartmenp on a monthly basis itemizing materials spilled on City streets. (Mitigation Measure) *(18) The contractor shall provide water facilities and employ necessary measures, such as watering of exposed slopes during grading, and any additional measures required by the Department of Public Works to keep the dust nuisance to a minimum. The applicant shall submit written verification to the Public Works Department on a monthly basis that exposed slopes are being watered down during grading. (Mitigation Measure) (19) Grading shall be limited to dry seasons with all cut and fill slopes being hydromulched and seeded. Finished banks and slopes shall have intercepting drains or terraces. *(20) In addition to geotechnical review and modification of catchment and deflection structures with respect to building locations, the building locations shall be subject to City geotechnical review, and additional structures may be required to supplement those presently planned in the building areas. Written recommendations from the City's geotechnical review shall be submitted to the Building Department prior to the issuance of a building permit. (Mitigation Measure) (21) The developer shall be required to stake, fence and rope off existing trees that are to be preserved around the edges of grading prior to construction and grading. (22) Grading plans for Lots 26 and 27 shall be revised in order to save the large trees in the southern portion of these lots. Lots 24 and 25 could be filled and retained with a crib wall; pier construction could be used for Lots 26 and 27. -3- *(23) As grading is completed on various portions of the site, these portions of the site shall be landscaped or hydroseeded. A landscape architect or similar professional shall submit written verification to the Public Works Department that landscaping or hydroseeding has been installed on exposed slopes prior po November 1 of the year in which grading has occurred. (Mitigation Measure) (m) Erosion and Siltation (1) An erosion control plan shall be submitted for approval by the City Engineer. (2) Erosion control plans shall show methods of controlling erosion and siltation during and after final grading. (3) Geotextile silt fences shall be constructed and maintained throughout the first winter to inhibit downstream siltation. (4) All erosion control measures shall be maintained through the first winter after completion or longer if necessary to fully stabilize the site. (5) As directed by the City Engineer, downstream drainage facilities shall be cleaned of all silt emanating from the project. Completion of the project shall be defined as that time at which the City of San Rafael grants a final occupancy permit to the last house constructed in the subdivision. A bond shall be required to insure the completion of this work. (6) The site shall be "winterized" and all erosion control measures shall be installed prior to the first day of October. *(7) The grading plans for the fill areas within Lots 24 through 27 shall include specific provisions for a temporary silt collection basin at the toe area of that fill to remain until erosion control vegetation has been well established on the fill surface. The basin shall be accessible to equipment to provide for periodic cleanout of the basin as required to prevent overtopping and downstream siltation. Implementation of the requirements for the silt basin shall be verified in writing to the Cit Engineer by the geotechnical consultant prior to the issuance o a grading permit. (Mitigation Measure) (n) Storm Drainage (1) The improvement plans shall show all existing and proposed drainage facilities. (2) A detailed/expanded drainage analysis shall be submitted with improvement plan to evaluate the adequacy of both on-site and downstream facilities. Additional off-site improvements may be required by the City Engineer as a result of this analysis. (3) The proposed drainage system is approved in concept only. The final configuration shall be subject to approval by the City Engineer. (4) Each individual lot shall be constructed to properly drain to the street or to an established drainage facility. (5) All "vee" ditches shall be constructed of earthtone colored concrete. (6) The existing downstream corrugated metal pipe culverts between Manderly Road and Dunfries Terrace shall be relined to restore drainage capacity and structural integrity. (7) The street drainage collected in the area adjacent to Lot 24 shall be conveyed downstream in underground conduits constructed in the street in lieu of the proposed "vee" ditch behind Lots 24 through 27. -4- *(8) The final design of the project's debris basins shall include a hydrograph routing through each of the basins. The hydrograph routing should use a design storm not less than 100 -year event with a duration not less than 12 hours. Implementation of the final design of the debris basins shall be verified in writing to the Public Works Director b the h drology consultant prior to issuance of a grading perml (Mitigation Measure) *(9) Downstream drainage improvements shall be completed prior to the development of the project to allow the safe passage of the design discharge without flooding. The applicant shall submit written verification that all downstream improvements are comVleted to the Public Works Director prior to the issuance of a building permit. (Mitigation Measure) *(10) The applicant shall complete the following downstream improvements prior to issuance of a grading permit: - Rock lining of the open channel portions of the Las Casas Avenue drainage channels to minimize further bed and bank erosion; - Construction of the stable, rock lined open channel between the Inverness Drive extension and Manderley Road, including necessary easements on private property. All necessary easements on private property as determined by the City Engineer shall be recorded with the County of Marin prior to final map approvals. The applicant shall submit written verification to the Public Works Department Qrior to final map approvals that the necessaryeasements on pprivate property have been recorded with the Couny of Marin. (Mitigation pleasure) *(11) The following modifications or additions should be incorporated in the design and construction of on-site drainage and sediment/debris control measures: - Additional debris fences should be included to provide a minimum of two parallel rows at all proposed locations; - Loose debris and vegetation within drainage courses should be cleared or trimmed. If removal of vegetation requires uprooting of trees and brush or other significant bank disturbance, such areas should be stabilized with rock slope protection, gabions or similar protective measures; - All overflow conduits from debris embankments and stilling basins should be capable of passing the 100 year design storm, including appropriate adjustment for bulking and assuming a "full" basin; - A surface overflow pathway shall be provided at each debris/ roadway embankment and stilling basin, to protect the roadway and embankment from washout in the event of overtopping/bypassing the catchment wall and outlet conduit during an extreme storm event, exceeding the design flow; - Deflection walls should be designed as "stem walls" to structurally withstand the expected direct impact of mud and debris flows; and - All facilities should be designed with appropriate maintenance access. Implementation of the stated design standards shall be verified in writing to the Building Department by the hydrology consultant prior to the issuance of a gradingppermit. The applicant shall submit written verification to the nninq Department on a monthly basis that loose debris and vegetation within drainage courses are being cleared or trimmed. (Mitigation Measure) -5- *(12) The design of culverts, impoundments, channels and other drainage appurtenances should adhere to the following criteria, at a minimum: - 100 year design storm; - Runoff coefficients of no less than 0.5 for undisturbed hillsides; - Rational Method for peak flow calculations; - The use of a "bulking factor" of 2.0 to account for debris and mud flow contribution upstream of debris/roadway embankments and stilling basins; and - The use of a "building factors" of 1.20 to account for debris and mud flow contribution downstream of debris/roadway embankments and stilling basins. Implementation of the stated design standards shall be verified in writing to the Building Department by the hydrology consultant En -site to the issuance of a grading permit. (Mitigation Measure) (13) On-site drainage and sediment/debris control measures and access roads are to be dedicated to the City of San Rafael and shall be located within easements dedicated to the City (14) Maintenance of City -owned on-site drainage and sediment/debris control measures and fire and access roads shall be funded by the property owners with a Mello -Roos Community Facilities District. (o) Sanitary Sewers (1) The improvement plans shall show the location of all existing and proposed sanitary sewer facilities. (2) Each of the proposed lots shall be served with an individual four inch sewer lateral and/or a commonly maintained private lateral of not less than six inches in diameter. (3) Sanitary sewer plans shall be reviewed and signed by the San Rafael Sanitation District. *(4) The developer shall be financially responsible for only those on-site and off-site improvements necessary to connect the sewer service to the subdivision and individual lot developers shall be financially responsible for system hook-up charges. Implementation of the costs required shall be verified in writing to the Public Works Director b.Y the San Rafael Sanitation District prior to issuance of a building permit. (Mitigation Measure) *(5) The sewer system shall be designed to use low -flow water fixtures and other devices to reduce wastewater generation. Implementation of the design of the sewer system shall be verified in writing to the Public Works Director by the San Rafael Sanitation District prior to issuance of a building permit. (Mitigation Measure) (p) Streets and Roads (1) 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 City Traffic Engineer. (2) The roadways shall be constructed to the typical sections shown on the tentative map unless otherwise approved by the City Engineer and/or modified by conditions of approval. (3) All roadways shall be constructed with concrete curbing and/or curb and gutter, as required. Asphalt berms and ditches will not be permitted. (4) The roadway structural section shall be designed to a Traffic Index (T.I.) of 4. -6- (5) All frontage improvements shall be constructed in accordance with the "Uniform Construction Standards for the Cities and County of Marin". (6) All roadway structural sections shall be designed with a minimum of three inches of asphalt concrete placed in two "lifts" The final lift shall be placed as a final construction operation. (7) Signing, striping and other traffic control devices shall be installed as required by the City Traffic Engineer. *(8) To insure maximum preservation of existing trees and property improvements, the first 125 feet of the Las Casas Drive extension shall be 20 feet in width and restriped -For "no parking". The remainder of the roadway extension shall be 28 feet in width as specified. Implementation of the "No Parking" zone shall be verified in writinq and submitted to the Building Department by the Traffic Engineer prior to the issuance of a building Mess (Mitigation Measure) *(9) Unless other, more acceptable measures are recommended by the City Engineer, a "slow" or caution sign as well as an intersection sign shall be installed both westbound and eastbound on Inverness Drive within 125 feet of the private driveway serving 33, 37 and 41 Inverness Drive. Implementation of all required sions shall be verified in writing by the Traffic Engineer and submitted to the Building Department prior to the issuance of a building permit. (Mitigation Measure) *(10) plhe applicant shall bear the cost of installing one stop sign and pavement striping at Dorian Way at its intersection with Inverness Drive. Implementation of all striping and signs shall be verified in writing by the Traffic Engineer and submitted to the Building Department prior to the issuance of a building permit. (Mitigation Measure) (q) Utilities (1) Utility plans shall show all existing and proposed underground utilities. (2) Plans shall show building envelopes and proposed utility connections for each lot. (3) Plans shall be signed and approved by each of the respective utility companies. (4) Utilities shall include the installation of street lights on public roadways and shall also be subject to approval of the Planning Department. (5) All utilities shall be placed underground. This shall include but not be limited to electric, communication and cable television. *(6) The developer shall be financially responsible for on and off site water improvements. Implementation of the costs required shall be verified in writing by MMWD to the Building Department Prior to the issuance of each individual building permit. (Mitigation Measure) *(7) All homes with less than 30 psi at the highest water using fixture shall install an individual pressure pump. Those units with pressures between 30 and 40 psi at the highest water using fixture shall have the option of installing individual pumps. Implementation of individual pressure pumps shall be verified in writing by MMWD to the Building Department prior to the issuance of each individual building permit. (Mitigation Measure) Sr *(8) The applicant shall furnish the Water District a graded tank site to accommodate a tank with a capacity of 140,000 gallons. Native landscaping including trees shall be planted with the subdivision improvements to screen the future water tank. The tank shall be painted a muted color to blend with natural color of the hillside, including trees and shrubs. MMWD shall verify in writing to the Building Department that the graded tank site is sufficient to accommodate a 140,000 gallon size water tank prior to the issuance of a building permit. (Mitigation Measure) *(9) '_'he following devices/designs shall be required to reduce water consumption: (a) Installment of water -conserving devices in all interior plumbing fixtures such as low flush 3.5 gallon toilets shall be required. (b) Drought -tolerant native vegetation shall be utilized in all landscaped areas. (c) An efficient drip irrigation system shall be installed to minimize runoff, erosion and conserve water. Implementation of devices/designs as stated in the above conditions shall be verified in writing b, MMWD to the Building Department Prior to the issuance of each individual building permit. (Mitigation Measure) PLANNING DEPARTMENT (r) This tentative map shall approve a 28 parcel development as depicted on the map dated November 1986, and modified to eliminate Lots #12 and 13. *(s) San Rafael General Plan Policy H-19 shall be satisfied. The applicant shall construct three below market rate units on-site. The applicant shall submit a contract from Marin County Housing Authority for the below market rate units to the Planning Department prior to recordation of the final map. (Mitigation Measure) *(t) A traffic mitigation fee of $400 per unit shall be paid prior to issuance of building permits. The total traffic mitigation fee shall not exceed $12,000 adjusted by the Lee Saylor Index to take into account inflation from January 1981. These shall be paid prior to the issuance of building permits. The applicant shall submit proof of payment in writing to the Building Department prior to issuance of a building permit. (Mitigation Measure) (u) Prior to approval and recordation of the final map, the conditions, covenants and restrictions shall be approved by the City Attorney and Planning Department. The CC&Rs shall provide for the formation of a Home Owners' Association (HOA). The CC & R's shall specify the HOA's responsibility for maintenance of all private roadways and private open space within the subdivision. The HOA shall provide liability insurance coverage for the open space. The HOA shall indem- nify and hold the City harmless. *(v) Construction shall be limited between the hours of 8:00 a.m. and 5:00 p.m. (Monday through Friday). Noise buffering measures shall be incorporated on all construction equipment. Equipment should be turned off when not in use. Individual pressure pumps shall be contained in a weather and soundproofing structure. The applicant shall submit written verification to the Planning Department on a monthly basis that construction hours are being complied with, construction vehicles incorporate noise buffering measures, vehicles are turned off when not in use, and that pressure pumps are contained in soundproofed structures. (Mitigation Measure) -8- (w) Private driveways/roadways shall have a minimum width of 20 feet and a maximum slope of 18%. (x) Site grading and earth movement shall be followed by watering of exposed areas to minimize movement of dust. (y) All the names of new roadways or extensions of existing streets shall be included on the final map. New roadway names shall be approved by the Planning Commission and City Council with the approval of the final map. *(z) One 1x2 meter test unit shall be excavated to bedrock to determine the archaeological site content of CA -MRN -280, and at least three carbon-14 (C-14) dates be taken from that unit. The site shall be then capped with at least two feet of fill. The capping shall be done prior to construction in the area and the archaeologists conducting the test shall be present to accurately locate the area to be capped. Building permits shall prohibit disturbance of the site, or its use as a storage area. Implementation of the testing requirements shall be verified in writing to the Planning Department by a professional archaeologist prior to the issuance of a grading permit. (Mitigation Measure) (aa) 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 filed with the final subdivision map. *(bb) Envelope size for Lot 8 shall be limited and respect the 30 foot setback from the centerline of the creek as established by the State Department of Fish and Game. Implementation of the required setback shall be verified in writing b,yy the Department of Fish and Game to the Building Department prior to the issuance of a building permit for Lot #8. (Mitigation Measure) *(cc) Lots containing a drainage channel subject to debris flows shall include a building setback zone extending at least 25 feet to either side of the channel centerline. Setback lines in the individual lots shall be determined in the field by an engineering geologist and be subject to geotechnical review. Impplementation of the setback requirements shall be verified in writing by the qeotechnical consultant �rior to the issuance of building permits f' r each individual lot. Mitigation Measure) (dd) Specific building envelopes shall be establsihed on Lots 4, 6, 7, 8, 9, 10, 11, 12, 13, 16, 22 and 23 so that existing natural tree stands are protected. *(ee) Formal notification under Fish and Game Code Section 1603 shall be made after all other permits and certifications have been obtained. Work cannot be initiated until a Streambed Alteration Agreement is executed. Implementation of the Streambed Alteration Agreement shall be verified in writing by the Department of Fish and Game to the Planning Department prior to the issuance of a grading permit. (Mitigation Measure) *(ff) The applicant shall provide a permit or provide verification to the City from the U. S. Army Corps of Engineers that a permit is not required under Section 404 of the Clean Water Act, which deals with the discharge of fill to streams and wetlands. Implementation of the condition shall be verified in writing by the U. S. Army Cor s of Engineers to the Planning Department prior to the issuance o7 a grading permit. (Mitigation Measure) -10- *(gg) Maintenance of the landslide hazard mitigation facilities consisting of on-site drainage and sediment/debris control devices shall be the responsibility of the City of San Rafael (Public Works Department). A Mello -Roos Community Facilities District shall be formed prior to recordation of the Final Subdivision Map to provide funding for the maintenance. The District shall incorporate all property in the Loch Lomond #10 Subdivision except that the below market rate units shall be exempted from any taxes assessed by the District. Maintenance shall be done per City of San Rafael Public Works Department standards and shall incorporate the following: - Periodic cleanout of debris/sediment from behind debris embankments, catchment walls, deflection walls, debris fences, and from stilling basins. - Timely repair of damage such as to debris fences, maintenance access roadways, V -ditches, and standpipes. - Periodic cleanout of any debris from V -ditches, storm drain pipes, and other surface drainage facilities. - Inspection and cleanout of any obstructions in subdrain pipes. The CC&Rs shall state that all homeowners in the Loch Lomond #10 Subdivision are part of a Mello -Roos Community Facilities District, formed at the time of subdivision approvals, to provide funding for the maintenance of needed landslide hazard mitigation facilities and the City's self-insurance fund. Each homeowner in the District shall be levied an annual tax by the City Council of San Rafael to maintain these facilities. Prior to final map recordation, the applicant shall submit written verification to the Planning Department that a Mello -Roos Community Facilities District has been approved. (Mitigation Measure) *(hh) A 30 foot wide easement and restrictive covenant shall be included on the final map along the creek running through Lots 8, 9, 10 and 11 for preservation of potential riparian habitat. A 30 foot setback from the centerline of the creek shall be respected for these lots, as established by the State Fish and Game Department. Implementation of the required setback shall be verified in writing by the Department of Fish and Game to the Building Departmentprior to the issuance of building permits for Lots #8, 9, 10 and J. (Mitigation Measure) (ii) The one foot wide non -access strips at the end of Inverness Drive and Tweed Terrace shall be removed for extension and connection of roadways. This shall be done concurrently with review of the final map by the City Council. *(jj) The 43 acres of open space 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(s), 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. A 20 foot wide public access easement and graded fire trail capable of supporting 35,000 gross vehicle weight shall be provided between Lots 7 and 8, extending northward into the proposed open space easement. Maintenance of the access easement and fire trail shall be funded by the Mello -Roos District. This access is limited to pedestrian and equestrian access. Implementation of the _graded fire trail shall be verified in writing by the Fire Department to the Building Department prior to occupancy of the first house. (Mitigation Measure) -11- *(kk) Public access easement trails shall be secured between Lots 13 and 14, and Lots 22 and 23, and a portion of Lot 19, extending from Inverness Drive into the proposed open space area. Implementation of the access trails shall be verified in writing by the Recreation Department to the Building Department prior to occupancy of the first home. (Mitigation Measure) (11) Non-exclusive access easements and reciprocal maintenance covenants shall be established over private roadways. (mm) Each lot within the subdivision shall be subject to environmental and design review by the City of San Rafael Design Review Board and Zoning Administrator. This condition shall appear on the face of the final map, and shall be noted in the subdivision's CC&Rs. Such design review shall be conducted in accordance with Section 14.11.050 of the Zoning Ordinance. The following specific requirements shall apply to development of lots created by the subdivision: (1) Each lot shall provide a total of four on-site parking spaces. (2) All homes within the subdivision shall feature a predominance of natural exterior materials such as wood, stone, brick, etc. The exterior color of homes shall be limited to medium or dark shades on the City's official earthtone/woodtone color board. Use of tinted glass and large roof overhangs to reduce glare may be required on visually prominant sites, such as Lots 6 through 14, 22 and 23. (3) The architecture of each residence shall be designed in a stepped, hillside home style which conforms to the natural terrain, and minimizes grading to the greatest extent possible. The designs must minimize the perceived building mass on the site and must conform to the City's Hillside Standards. (4) The final location of each house and parking area shall minimize grading and tree removal. (5) Landscaping and irrigation shall be provided at the time of development of each lot to buffer adjacent existing homes on surrounding lots, screen views from downslope parcels, revegetate graded areas and enhance natural vegetation. A complete porfessionally prepared landscape plan shall be submitted at the time of design review application. All landscaping shall be installed prior to the issuance of a certificate of occupancy. Landscaping shall be designed to blend with the surrounding hillside and backdrop. Fire retardant landscaping shall be planted around structures adjacent to open space areas. A landscaping plan shall be submitted and approved for each of these lots prior to issuance of a building permit. This requirement shall be noted in the Covenants, Conditions and Restrictions. (6) Each house shall be designed and constructed in a manner which minimizes grading and preserves as many as possible existing on-site trees in a healthy and thriving condition wherever possible. (7) Retaining walls shall be designed and constructed in an attractive manner which blends with natural color of existing vegetation and is compatible with exterior building materials of the homes on each lot. (8) Design details of any proposed fencing shall be provided. These details shall include a plot plan and elevation indicating location, height, proposed materials, opacity and color scheme. -12- (qq) All trees to be saved shall be identified as such. Trees to be saved which are removed during grading and construction shall be replaced with like trees at a ratio of 2:1. Replacement trees shall be no smaller than 36" box sixe. The requirement for tree replacement shall be recorded with the conservation easement. (rr) Tree planting and fencing shall be required along the southern property lines of Lots 1, 3, 4, 11, 12, 26, 27, 28, 29 and 30 to maintain privacy to existing residents below the proposed subdivision. A detailed fencing plan indicating location, material, design and height of fencing shall be submitted and approved by the Planning Department prior to issuance of building permit. Trees shall be indicated on the required landscape plans at the time of design review. *(ss) The City shall require geologic hazard repairs associated with landsliding and slope instability to the open space area prior to acceptance of open space (acceptance of fee title to land or as a public easement). Prior to recordation of the final map, the applicant shall submit to the Public Works Department written verification that all geologic hazard repairs in the open space parcel are complete. (Mitigation Measure) (tt) The developer shall fence along the eastern portion of the lot line of 99 Junipero Serra and replace any existing trees damaged during construction, especially at the southeast corner of the lot. NO This tentative map shall be approved for two years, or until May 9, 1991, and shall expire, if the final map has not been recorded or a time extension granted. (vv) The applicant shall contribute $500,000 to the City of San Rafael's self-insurance fund to pay for costs to the City for damages due to sliding, erosion or drainage attributable to property or improvements within this subdivision including open space areas. Payment to the self-insurance fund shall be made on the following schedule: $200,000 - prior to the City's acceptance of the dedication of public improvements. $300,000 - in three payments of $100,000 each at or before the first, second and third anniversary of the dedication of public improvements. Payments due after the dedication of public improvements may be funded by the Mello -Roos Community Facilities District and interest earned. The applicant and/or his successors shall be repaid the $500,000.00 self-insurance fund contribution from the proceeds of the Mello -Roos district. Repayment to the applicant shall be made in annual payments over a ten year period. The need to maintain a $500,000.00 deposit from the subject property to the City's self-insurance fund shall in all instances take precedent over the obigation to repay the applicant. The repayment schedule may be extended accordingly. * Mitigation Measure - A measure specifically aVplied to the project to mitigate potential adverse environmental effects identified in the environmental document. A change in the condition may affect the validity of the current environmental document, and a new or amended document may be required. Conditions - 6 -14- (nn) Prior to design review approval, grading plan approval, and approval of public improvement plans each parcel shall be staked and a tree inventory prepared, depicting location, size and type of all trees greater than six inches abh on all 30 lots and/or within areas to be graded for public improvements. Based on the inventory, a qualified tree arborist shall identify all significant trees on the project site. An analysis from the arborist along with the inventory shall be submitted to and approved by the Planning Department prior to approval of the grading plan, design review approval, and approval of public improvement plans. *(oo) Stringent tree protection measures shall be implemented during construction and grading. They are as follows: (1) Protect all oak trees greater than six inches in diameter abh (at breast height) to the maximum extent possible. Special attention should be made to protect any tree greater than 24 inches abh. The applicant shall submit written verification to the Planning Department on a monthly basis that all trees greater than six inches in diameter (abh) are being protected. (Mitigation Measure) (2) Trees to be protected should be surrounded by a temporary barrier fence located at the edge of the tree's drip -line, and construction activities should avoid any impacts within the protected tree zone. Signs, cables or fences should not be directly attached to protected trees. The applicant shall submit written verification to the Building Department, prior to the issuance of a building permit, that a temporary barrier fence is constructed. (Mitigation Measure) (3) If grading for development substantially modifies the drainage pattern surrounding protected trees, adequate drainage shall be provided. (4) Landscaping around protected oak trees shall minimize paved surfaces and include only native, drought -tolerant species. No artificial irrigation should be placed in the root zone of any protected oak trees. Prior to issuance of building Permits, a landscape architect or similarprofessional shall submit written verifiction to the Planning Department that only native, drought tolerant species are proposed adjacent to oak trees. (Mitigation Measure) (5) Prior to construction, a qualified arborist should identify all significant trees on the project site. All significant trees should be mapped and measured to avoid or protect them prior to initial construction activities. A qualified arborist shall submit a written survey of all significant trees as well as measures to protect them to the Planning Department prior to issuance of a gradin permit. (Mitigation Measures) (pp) All areas of the site outsiL of proposed building envelopes shall be encumbered with a Conservation Easement, within which no development except the installation of access and utility/drainage improvements may occur. All vegetation within the Conservation Easement shall remain in its natural state except where removal of invasive, non-native species is required. Tree removal shall be prohibited except where, upon the conclusion of a Certified Arborist, a tree poses a threat to life or property due to poor health and such tree removal has been approved by the Zoning Administrator. -13-