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
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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:
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(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
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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
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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
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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.
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*(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.
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*(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.
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*(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)
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*(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.
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(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)
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(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)
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*(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)
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*(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.
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(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
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(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.
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