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HomeMy WebLinkAboutCC Minutes 1998-07-20SRCC MINUTES (Regular) 7/20/98 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JULY 20, 1998 AT 8:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Councilmember Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Also Present: Rod Gould, City Manager Gary Ragghianti, City Attorney Patricia J. Roberts, Deputy City Clerk OPEN SESSION - 7:00 PM: Mayor Boro announced one Closed Session item would be heard at the conclusion of the City Council meeting. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM BICYCLE/PEDESTRIAN ADVISORY COMMITTEE - File 9-3-40 x 9-3-65 Martin Peckins, 50 Belvedere Street, an avid volunteer with Trips for Kids and the Canal Ministry, stated he would like to help the City of San Rafael in establishing a Pedestrian/Bicycle Advisory Committee. He noted the North San Rafael Vision had addressed starting a committee, and he and a few other supportive people in the community would like to help the City in doing that. He asked Council to agendize this issue for the next City Council meeting. Mayor Boro asked City Manager Gould to review the information Mr. Peckins had given the Councilmembers earlier in the week, and report back to Council with a recommendation. Mayor Boro suggested, in addition to considering the formation of a committee, the City might also look at the use of the Park and Recreation Commission as a resource, and possibly come up with a committee structure as part of that Commission, as well. Mr. Peckins stated this was not really a Recreational issue, but more a Public Works issue, as it was actually a transportation issue. Councilmember Heller noted that in reading the information, it seemed Mr. Peckins was trying to set up twelve committees, individual commissions in each of eleven cities and towns, plus one with the County. She suggested a commission be established with members from each city or town. Mr. Peckins stated that on the Countywide level, they do have a commission of their own; however, each individual city can, on their own, lobby for funds from the federal government, without going to the County. He reported the City of Novato is currently the only city which has an official Bicycle/Pedestrian Advisory Committee, and during the last ten years they have received more than half the funds the federal government has granted to this County. Mayor Boro informed Mr. Peckins that City Manager Gould would review this issue and contact Mr. Peckins. FIELD OF DOGS - File 102 Mario De Palma, resident of San Rafael, formally announced the official grand opening of San Rafael's much needed, long awaited, and much appreciated people's park for dog owners, Field of Dogs, which opened July 11th. He noted those attending the grand opening included Mayor Boro, Councilmembers Barbara Heller and Cyr Miller, former Assistant City Manager Suzy Golt, Recreation Director Carlene McCart, County Board of Supervisors Chairman John Kress, and Tom Obletz, former President of the Federation of San Rafael Neighborhoods. Mr. De Palma reported there was a large turnout, and with fifty dogs and their owners the park was off to a great success. He stated that while they always felt they were doing the right thing, and this was the right idea at the right time, there was always the fear they might not get it done; however, he noted that when former Assistant City Manager Suzy Golt became more involved, and got Patty Garbarino involved, who in turn got Supervisor Kress involved, they were very successful. He stated that with the support of the City, and the others he mentioned, the dream became a reality. He reported he had already received a complaint that there is not enough seating in the park, and noted there were more than thirty dogs in the park last night. He stated the committee Treasurer had initially complained that he might have purchased too many picnic tables and benches; however, it appears they may need to buy more. Mr. De Palma stated their dreams have been realized, through the City's support, and the support of so many dog lovers and dog owners, and the Field of Dogs is now open for use by all people whose lives are made so much richer by their four -legged companions. Mr. De Palma thanked everyone for their friendship and support. Mayor Boro stated Mr. De Palma had really demonstrated perseverance, noting he had worked very long and hard at this, working to a successful conclusion. He stated Mr. De Palma was a great advocate of what he believed in, having come up with a great solution, and raising the funds to build this park, which is located at the Civic Center, next to the Jury parking lot. Mayor Boro congratulated Mr. De SRCC MINUTES (Regular) 7/20/98 Page 1 SRCC MINUTES (Regular) 7/20/98 Page 2 Palma CONSENT CALENDAR: Councilmember Miller moved and Councilmember Cohen seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 1 2 3 Approval of Minutes of Special Meeting of Monday, Approved as submitted. July 6, 1998 (CC) Summary of Legislation Affecting San Rafael (CM)Accepted report. Resolutions of Appreciation to Members of the St. Vincent de Paul Ad Hoc Dining Room Committee and to Judge Eugene Lynch (CM) - File 102 x 9-2-49 x 233 RESOLUTION NO. 10250 RESOLUTION OF APPRECIATION TO JUDGE EUGENE LYNCH, FACILITATOR FOR THE ST. VINCENT DE PAUL AD HOC DINING ROOM COMMITTEE. RESOLUTION NO. 10251 - RESOLUTION OF APPRECIATION TO LINDA BELLATORRE, MEMBER OF THE ST. VINCENT DE PAUL AD HOC DINING ROOM COMMITTEE. RESOLUTION NO. 10252 - RESOLUTION OF APPRECIATION TO FATHER BRUCE BRAMLETT, MEMBER OF THE ST. VINCENT DE PAUL AD HOC DINING ROOM COMMITTEE. RESOLUTION NO. 10253 - RESOLUTION OF APPRECIATION TO SUE BROWN, MEMBER OF THE ST. VINCENT DE PAUL AD HOC DINING ROOM COMMITTEE. RESOLUTION NO. 10254 - RESOLUTION OF APPRECIATION TO ROLLIN CHIPPEY, MEMBER OF THE ST. VINCENT DE PAUL AD HOC DINING ROOM COMMITTEE. RESOLUTION NO. 10255 - RESOLUTION OF APPRECIATION TO TONY DARREN, MEMBER OF THE ST. VINCENT DE PAUL AD HOC DINING ROOM COMMITTEE. RESOLUTION NO. 10256 - RESOLUTION OF APPRECIATION TO CHARLIE GARFINK, MEMBER OF THE ST. VINCENT DE PAUL AD HOC DINING ROOM COMMITTEE. RESOLUTION NO. 10257 - RESOLUTION OF APPRECIATION TO MIKE GROZA, MEMBER OF THE ST. VINCENT DE PAUL AD HOC DINING ROOM COMMITTEE. RESOLUTION NO. 10258 - RESOLUTION OF APPRECIATION TO BOB KING, MEMBER OF THE ST. VINCENT DE PAUL AD HOC DINING ROOM COMMITTEE. SRCC MINUTES (Regular) 7/20/98 Page 2 SRCC MINUTES (Regular) 7/20/98 Page 3 RESOLUTION NO. 10259 - RESOLUTION OF APPRECIATION TO JAN MAJOR, MEMBER OF THE ST. VINCENT DE PAUL AD HOC DINING ROOM COMMITTEE. RESOLUTION NO. 10260 - RESOLUTION OF APPRECIATION TO ANDREW MARSHALL, MEMBER OF THE ST. VINCENT DE PAUL AD HOC DINING ROOM COMMITTEE. RESOLUTION NO. 10261 - RESOLUTION OF APPRECIATION TO GARY RAGGHIANTI, MEMBER OF THE ST. VINCENT DE PAUL AD HOC DINING ROOM COMMITTEE. RESOLUTION NO. 10262 - RESOLUTION OF APPRECIATION TO BOB ROBERTS, MEMBER OF THE ST. VINCENT DE PAUL AD HOC DINING ROOM COMMITTEE. RESOLUTION NO. 10263 - RESOLUTION OF APPRECIATION TO FATHER PAUL J. ROSSI, MEMBER OF THE ST. VINCENT DE PAUL AD HOC DINING ROOM COMMITTEE. RESOLUTION NO. 10264 - RESOLUTION OF APPRECIATION TO CAM SANCHEZ, MEMBER OF THE ST. VINCENT DE PAUL AD HOC DINING ROOM COMMITTEE. RESOLUTION NO. 10265 - RESOLUTION OF APPRECIATION TO DAVID SHELTON, MEMBER OF THE ST. VINCENT DE PAUL AD HOC DINING ROOM COMMITTEE. RESOLUTION NO. 10266 - RESOLUTION OF APPRECIATION TO ROGER SMITH, MEMBER OF THE ST. VINCENT DE PAUL AD HOC DINING ROOM COMMITTEE. RESOLUTION NO. 10267 - RESOLUTION OF APPRECIATION TO BRIAN SWARTZ, MEMBER OF THE ST. VINCENT DE PAUL AD HOC DINING ROOM COMMITTEE. 4. SECOND READING AND FINAL ADOPTION OF APPROVED FINAL ADOPTION ORDINANCE NO. 1727 - An Ordinance of the ORDINANCE NO. 1727. the City of San Rafael Amending Ordinance No. 1699 (Paramedic Service Special Tax) and Setting the Paramedic Tax Rate, Commencing With Fiscal Year 1998/99 for Residential and Non -Residential Properties (MS) - File 9-3-31 5. Monthly Investment Report (MS) - File 8-18 x 8-9 Accepted report. 6. Resolution Authorizing an Agreement to Enter RESOLUTION NO. 10268 Association of Bay Area Governments (ABAG) RESOLUTION AUTHORIZING Power Purchasing Gas Program (MS) AN AGREEMENT TO ENTER THE - File 111 x 4-4 ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) POWER SRCC MINUTES (Regular) 7/20/98 Page 3 SRCC MINUTES (Regular) 7/20/98 Page 4 PURCHASING GAS PROGRAM. 7. Resolution Setting the Special Tax Rate for Year RESOLUTION NO. 10269 - 1998/99 on All Taxable Property Within Community RESOLUTION OF THE SAN RAFAEL Facilities District 1992-1 (Loch Lomond #10) CITY COUNCIL SETTING THE (MS) - File 6-50 x 5-1-297 SPECIAL DISTRICT TAX FOR LOCH LOMOND #10 FOR FISCAL YEAR 1998/99. 8. 0 Baypoint Lagoons Landscaping and Lighting District (PW) - File 6-48 a. Resolution Directing Filing of Engineer's Annual Report. RESOLUTION NO. 10270 - RESOLUTION DIRECTING FILING OF ENGINEER'S ANNUAL REPORT. BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT. b. Engineer's Annual Report 1998-99 - This is Engineer's Annual Report to be Filed. 1998-99 filed. c. Resolution Approving Engineer's Annual Report. RESOLUTION NO. 10271 RESOLUTION APPROVING ENGINEER'S ANNUAL REPORT. BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT. d. Resolution of Intention to Order Improvements RESOLUTION NO. 10272 - (and Setting Public Hearing for Meeting of RESOLUTION OF INTENTION TO 8/3/98). ORDER IMPROVEMENTS (AND SETTING PUBLIC HEARING FOR MEETING OF 8/3/98). BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT. Report on Bid Opening and Award of Contract for RESOLUTION NO. 10273 City Hall Boiler Replacement to Reliance RESOLUTION OF AWARD OF Enterprises in the Amount of $47,693.00 and CONTRACT FOR THE CITY Reallocation of Additional $25,000.00 From the Building Maintenance Fund (001-4427) Toward the Project (PW) - File 4-1-492 HALL BOILER REPLACEMENT TO RELIANCE ENTERPRISES IN THE AMOUNT OF $47,693.00, AND REALLOCATING AN ADDITIONAL $25,000.00 FROM THE BUILDING MAINTENANCE FUND (001-4427) TOWARD THE PROJECT. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following item was removed from the Consent Calendar for further discussion: 10. RESOLUTION ADOPTING CERTIFICATE OF PUBLIC CONVENIENCE OR NECESSITY, 1122 FOURTH STREET, LINEXPRESS CAFE (PD) - File 9-3-30 City Manager Gould reported this item needed further analysis by staff before being presented to the Council, stating it would be presented at the Council meeting of August 17, 1998. SPECIAL PRESENTATIONS: 11. PRESENTATION OF RESOLUTIONS OF APPRECIATION TO MEMBERS OF THE ST. VINCENT de PAUL AD HOC DINING ROOM COMMITTEE AND TO JUDGE EUGENE LYNCH (CM) - File 9-2-49 x 233 SRCC MINUTES (Regular) 7/20/98 Page 4 SRCC MINUTES (Regular) 7/20/98 Page 5 Mayor Boro reported approximately eleven days ago the Council held a special meeting concerning the St. Vincent's Dining Room, and reached what he believed was a very successful conclusion of the negotiations conducted under the leadership of Judge Eugene Lynch and the citizens' committee, which worked over several months to bring this item back to the Council. Mayor Boro stated that on March 2, 1998, the San Rafael City Council authorized the formation of the Ad Hoc Dining Room Relocation Committee, and the Honorable Eugene F. Lynch was then selected as the facilitator of that Committee. He explained the Committee was charged with reviewing and discussing the specifics of a proposal to resolve the issues concerning the relocation of the St. Vincent's Dining Room facility, and the conditions of its operation. Mayor Boro noted that while these had been highly contentious issues in the community for sixteen years, the Committee was able to achieve a level of consensus that enabled it to move forward to the resolution of the issue. After the final meeting on June 30th, a report was prepared setting forth the Committee's recommendations to the City Council, and on July 9, 1998, the Council accepted the report. On behalf of the City Council, and the citizens of San Rafael, Mayor Boro thanked everyone who worked on the Committee. He presented Resolutions of Appreciation to Committee members Sue Brown, Ken Major, City Attorney Gary Ragghianti, Father Paul J. Rossi, David Shelton, Roger Smith, and Mike Groza. Mayor Boro noted he would be sending Resolutions of Appreciation to Facilitator Judge Eugene Lynch, and Committee members Linda Bellatorre, Father Bruce Bramlett, Rollin Chippey, Tony Darren, Charlie Garfink, Bob King, Andrew Marshall, Bob Roberts, Police Chief Cam Sanchez and Robert Smith, who were unable to attend this meeting. 12. INTRODUCTION OF NEW EMPLOYEES: a. FIRE DEPARTMENT - File 9-3-31 Fire Chief Robert Marcucci reported that after a Statewide recruitment for a Division Chief, they found the Department already had the right person in-house for the position, noting it was with a great deal of pride that he was presenting new Division Chief Mike Angeli. Chief Marcucci also introduced Martin Sanford, Battalion Chief in charge of Training, the Paramedic Program, and Hazardous Material; Administrative Assistant Joanna Pallock; and the two newest members of the Department, Paramedics Jim Keefer and Jim Gallagher, reporting that after several weeks of training they would be running the Paramedic ambulances. b. LIBRARY - File 9-3-61 Library Director Vaughn Stratford introduced the Library's two newest employees, Library Assistants Jennifer Islas and Connie Vallejo. He reported Ms. Islas had graduated from Dartmouth College, and Ms. Vallejo from the University of California at Berkeley, and both were bilingual. He noted Library staff in the Circulation Department had taken the opportunity to tell him that both of them were doing an excellent job. C. MANAGEMENT SERVICES - File 9-3-20 Management Services Director Kenneth Nordhoff introduced the newer staff in the Management Services Department. He first introduced Getty Ejigou, Information Services Technician, noting he had come to the City from Africa, through Russia. He reported Mr. Ejigou has been doing a fabulous job in Information Services, handling a lot of technical day-to-day things that most of us realize become crisis when they do not work. Introducing Dennis Shives, Assistant Director of Financial Services, Mr. Nordhoff reported he had come to San Rafael from Southern California, with over twenty years of government and Transit District experience, and now had his hands full running the Financial Services Division. Mr. Nordhoff introduced Van Bach, Account Clerk II, reporting she had been with the City for approximately three months, and was handling the Department's Parking Citation desk, noting she had the happy, friendly demeanor to deal with people who have to come to the City to pay their fines. He stated she was doing a fantastic job, and had brought a lot of energy to that desk. Mr. Nordhoff introduced Nena McNamara, who came to San Rafael from the City of Tustin's Community Development Department, where she ran their Business License operations, noting she was now serving in that capacity, as our Revenue Collection Coordinator. He SRCC MINUTES (Regular) 7/20/98 Page 5 SRCC MINUTES (Regular) 7/20/98 Page 6 reported her efforts this past year have allowed the City to bring in over $90,000 extra Business License dollars, just in the short period she has been here, noting she was working very hard, and the Department was very proud of her. d. PUBLIC WORKS - File 9-3-66 Public Works Director Dave Bernardi introduced Groundsworker Camilo Bayot, Jr. Mr. Bernardi reported Mr. Bayot has had his own landscaping business for several years, has worked with the Gardeners' Guild, and spent six years with the Marin Golf and Country Club as one of their Groundskeepers. Mr Bernardi stated the Department was very glad to have Mr. Bayot, and looked forward to Mr. Bayot's expertise, noting he has a degree in Landscape Design and Maintenance from the College of Marin, and was very well qualified. Joshua Crawford, Groundsworker - Parks Division, was unable to attend the meeting. PUBLIC HEARINGS: 13. PUBLIC HEARING - TO CONSIDER AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, SECTIONS 12.04.010 AND 12.040.020, CREATING THE BUILDING AND SAFETY DIVISION IN THE COMMUNITY DEVELOPMENT DEPARTMENT AND DESIGNATING THE BUILDING OFFICIAL (CD) - 9-3-85 x 9-8 Community Development Director Bob Brown explained this Ordinance would transfer responsibility for the Building Division to the Community Development Department, and specifically to the Manager of Building and Safety. Mayor Boro declared the Public Hearing opened. There being no public comment, Mayor Boro closed the Public Hearing. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, SECTIONS 12.04.010 AND 12.04.020, CREATING THE BUILDING AND SAFETY DIVISION IN THE COMMUNITY DEVELOPMENT DEPARTMENT AND DESIGNATING THE BUILDING OFFICIAL". Councilmember Miller moved and Councilmember Phillips seconded, to dispense with the reading of the Ordinance in its entirety, and refer to it by title only, and pass Charter Ordinance No. 1728 to print, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. PUBLIC HEARING - TO CONSIDER APPLICATIONS FOR A ZONE CHANGE, TENTATIVE SUBDIVISION, MASTER USE PERMIT AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR THE DEVELOPMENT OF SIX SINGLE-FAMILY LOTS AT THE END OF TWIN OAKS DRIVE, SAN RAFAEL, CA; APNs 10-142-24, 11-051-23, AND 11-115-29; RR&Q MANAGEMENT, OWNER; I.L. SCHWARTZ ASSOCIATES, INC. AND FORSHER + GUTHRIE, REPRESENTATIVES ("ACADEMY HEIGHTS") (CD) - File 5-1-336 x 10-2 x 10-3 x 10-5 x 10-7 Mayor Boro declared the Public Hearing opened, and asked for the staff report. Associate Planner Louise Patterson reported this was a project consisting of four applications: a Zone change to create development standards for a Planned District; a tentative subdivision to divide the 30.67 acres into six single-family residential lots; a Master Use Permit specifying the Uses permitted for the project; and an Environmental Review Permit for the design of the subdivision and improvements. Also before Council was a Negative Declaration, which had been prepared for the project. Ms. Patterson stated this project had been reviewed by the Design Review Board and Planning Commission at numerous meetings, beginning in October, 1996. She reported that throughout these meetings the project has been revised and conditioned, and additional information has been provided to address many issues, including such things as building envelopes, locations, road design, drainage, geotechnical issues, grading, tree removal, and vegetation management. She stated eight issues were discussed SRCC MINUTES (Regular) 7/20/98 Page 6 SRCC MINUTES (Regular) 7/20/98 Page 7 at the June 24th Planning Commission meeting, and were still being raised by some Neighborhood Associations. Ms. Patterson reported the Planning Commission focused on four issues: slope stability, noise, size and visibility of the houses, and whether there was substantial evidence that the project might have significant adverse impact on the environment. She stated the Fairhills Property Owners Association focused on three issues: the Fair Argument Standards requiring an EIR (Environmental Impact Report), as opposed to a Negative Declaration; the Geotechnical Review, geology, and the potential for earthquake induced slope failure; and visual impacts of the single-family houses. She stated the Culloden-Quarry-Twin Oaks Homeowners Association had also expressed three areas of concern: the sizes of the houses; the location of the Scenic Easements between the lower portions of Lots 4, 5, and 6; and that Lot 3 may prove to be unbuildable. Regarding the slope stability and geotechnical issues, she reported the Planning Commission had reviewed the issues and stated the additional analysis prepared by Miller Pacific Engineering Group provided answers to the questions they had during the numerous meetings, and they concurred the Negative Declaration adequately addressed the issues of slope stability and potential earthquake movement, and that the mitigation measures were appropriate. The Commission also stated they did not believe the Golder report came to any conclusions different than the Miller Pacific report. As far as noise was concerned, the Commission also stated it was a trade- off between the additional noises that would be generated on a permanent basis by the residential uses, as opposed to the noises that are being generated on the open site as it is now, with people partying, and homeless people roaming around the site. The Commission concluded the noise generated by the single-family houses was not significant. Referring to the Fair Argument issue, Ms. Patterson reported the Planning Commission stated, in their opinion, the report prepared by Golder & Associates did not come to any different conclusions than that of the Miller Pacific analysis, and that their recommendation for additonal analysis was not credible. She noted they weighed all the evidence presented to them, visited the site several times, read all the reports, and concurred they had not seen or heard any substantial evidence that this project would have a significant adverse impact on the environment with respect to slope stability, and that an EIR was not required. Regarding visual impacts, the Planning Commission stated the proposed Planned District specifies maximum house sizes, although the Planned District also specifies that these sizes are not guaranteed. Through Design Review process, they were comfortable that the visual impacts would not be significant. Addressing the issue of house sizes, Ms. Patterson pointed out the Neighborhood 13/14 Neighborhood Plan was bounded on the north by the City limits, on the east by Boyd Park, on the south by Mission and Scenic Avenues, and on the west by County open space, and explained the project was located on the eastern portion of the neighborhood plan area. She noted that the majority of the neighborhood surrounding the project site is zoned R20 -H, which requires 20,000 square foot minimum parcels, and limits house sizes to 2,500 square feet, plus 10% of the lot area, for a maximum of 4,500 square feet. Properties abutting the northwest portion of the site are zoned Rla-H, which requires minimum 1 acre parcels, and house sizes up to 6,500 square feet. Regarding the Scenic Easement, she reported that as proposed, it covers a minimum of 80 to 100 feet uphill from the building envelopes on Lots #1, #2, #3, and #4, noting the property lines for Lots #4 and #5 are approximately 160 feet down-slope from the building envelopes. She stated the defensible space required for the Fire Department's Vegetation Management Protection Plan requires a minimum distance of 50 feet up-slope, 50 foot cross -slope, and 100 foot down-slope be cleared for Vegetation Management. She noted the Scenic Easement boundary could be modified to either meet these Vegetation Management requirements, or could be modified more, noting the project Fire Ecologist had recommended it be left as proposed, so the Vegetation Management could be done, and work in the area could be done without having the Scenic Easement restriction placed on it. Regarding Lot #3, she stated the quarry slope was created by cutting into the hillside to remove the red chert rock material. She noted that as the hillside was cut into, more chert was removed, and more chert was exposed, and reported the geotechnical mitigation measures would do the same, stating they would remove more of the dirt and the chert at the top of the quarry slope, and we would see more of the dirt and the chert. Ms. Patterson reported staff did have an independent visual analysis done of SRCC MINUTES (Regular) 7/20/98 Page 7 SRCC MINUTES (Regular) 7/20/98 Page 8 the proposed geotechnical mitigation measures, and that analysis came to the conclusion that it would not be a significant visual impact. She noted the Geotechnical Review also came to the conclusion that those mitigation measures were adequate for Lot #3. Ms. Patterson stated the last issue concerned noticing. She reported it had been brought to staff's attention that several members of the neighborhood stated they had not received notice of tonight's meeting. She stated notices of the June 24th Planning Commission meeting had been mailed twenty days prior to that meeting, and notices were also posted at the site, posted with the County of Marin, and published in the Marin IJ. Notices for tonight's meeting were also mailed twenty days prior to this evening's meeting, and the same mailing list was used as for the Planning Commission meeting. Notices were also posted again at the site, and with the County of Marin, and published in the Marin IJ. Ms. Patterson pointed out copies of all these notifications were contained in the staff report. She acknowledged staff did not have a clear answer as to why some notices were received and some were not. However, she reiterated that notices were sent, and the notice was posted and published. In addition, Planning Manager Sheila Delimont had stated at an earlier Planning Commission hearing that this project had been tentatively scheduled for tonight's City Council meeting. Mayor Boro noted when he had spoken with Ms. Patterson about the noticing, she had indicated that in addition to the mail, posting, and newspaper notice, certain packets had also been delivered. Ms. Patterson reported that when two of the Homeowner Association Presidents indicated they had not received the notices, a copy of the staff report was delivered to them the same day it was delivered to the Councilmembers; in addition, another active resident of the area was given the same staff report. Community Development Director Bob Brown reported staff had received a letter from Mr. Zischke, an attorney for members of the public, noting Mr. Zischke took exception with the way the staff report characterized the conclusions of the Golder report and, the Planning Commission's reaction. Mr. Brown explained that at the Planning Commission meeting, the level of analysis in the Miller Pacific report was questioned by Golder, who questioned whether or not it adequately evaluated the slope stability of the quarry face. He stated the Planning Commission determined that input by Golder was not based on new evidence, and it was not credible, since it was based on an analysis done for a very different set of quarry project circumstances, and was not comparable to this project. Therefore, for that reason, the Planning Commission felt the input was not credible, and a Negative Declaration, and the analysis that led to that, was acceptable and satisfactory. Cecilia Bridges, Attorney, stated she was representing the applicant for the development of this thirty -plus acres at the end of Twin Oaks Avenue, a property known as the old Red Rock Quarry site. She explained the application was for a six -lot, single-family subdivision, which is consistent with the City's Hillside Design Guidelines, General Plan Policies, and Neighborhood Plan Policies. Ms. Bridges stated that after discussion with the City Attorney, they determined this hearing was legally considered a "De Novo" hearing for Council, which means they have received recommendation from the Planning Commission, but must base their decision entirely upon all of the material they have considered in their decision. Therefore, Ms. Bridges asked for confirmation that the Councilmembers had received the entire public record, and that the public record included all the documents upon which the Planning Commission made their recommendation to Council, plus the minutes of the Planning Commission's decision to do so. All of the Councilmembers responded affirmatively. Ms. Bridges introduced the applicant's representative, Richard Bullock, and the presentation team consisting of Matt Guthrie from Forsher+Guthrie; Irving Schwartz, the Civil Engineer who prepared the Tentative Map and Lot Line Adjustment; Eugene Miller, Miller Pacific Engineering Group, and James Joyce, Geologic Consultant, both on Geotechnic issues; James MacNair, Arborist; and Ray Moritz, Fire Protection and Fuel Reduction Specialist, whom Ms. Bridges believed the Councilmembers were familiar with. She stated each of the consultants had come prepared to present material the Planning Commission received during their consideration, noting they had received much of this material in multiple meetings, pointing out there had been five Design Review Board meetings and five Planning Commission meetings on this project. SRCC MINUTES (Regular) 7/20/98 Page 8 SRCC MINUTES (Regular) 7/20/98 Page 9 Matt Guthrie, of Forsher+Guthrie, summarized the overall General Plan and Zoning considerations for this property, reporting the site was 30.76 acres, and the General Plan designation was Hillside Resource Residential, which allows one-tenth to one-half dwelling units per acre, and provides for the consideration of a range of dwelling units, from three to fifteen. He explained the Neighborhood 13/14 Plan presented a methodology for utilizing site resource information to establish density. The City Environmental Assessment confirmed that this site, and those resources considered, would permit up to sixteen homes on this site. He stated the proposal was for six homes on this 30.76 acre site. Mr. Guthrie presented a Neighborhood Conceptual Map delineating the roadways, existing homes, and the Academy Heights property boundary, and providing information relating to the size of the existing homes and parcels in the immediate vicinity. He also referred to a large scale map, which he described as a composite of the Tentative Map, showing the property, existing terrain, and the improvements for the subdivision, as well as the adjacent parcels and homes. Mr. Guthrie noted improved access to the property was by way of Twin Oaks, explaining this was an existing, graded accessway on the property itself, which was previously utilized for the quarry operation, and provides for the alignment of the common driveway to serve the new subdivision. He stated this provides access to the "bowl" area of the quarry, as well as the "benched" quarry site, pointing out these sites were surrounded by the face of the quarry itself, both at the top and bottom of the slope. Mr. Guthrie stated the housing site locations were selected to be clustered along this roadway to minimize the roadway grading, to utilize the existing quarry benches, and to retain the riparian areas on the site where significant healthy trees exist. Noting the site locations where the building area is confined represented approximately 5% of the total area of the site, he pointed out Lots #1 through #6 on the map, highlighting the proposed property lines. Mr. Guthrie stated the majority of the site was designated to be a scenic easement, explaining that easement prohibits development, and prohibits removal of significant vegetation, except as necessary to provide fire protection around proposed homes, or existing homes around the periphery of the property. He stated that in areas on each lot not in the Scenic Easement, and outside of the building envelope, development other than garden improvements, or removal of significant vegetation and trees other than for the provision of defensible space, is prohibited. Mr. Guthrie noted this design had been subject to the scrutiny of the Neighborhood. Environmental Assessment in accordance with CEQA, staff review, Design Review Board, and the Planning Commission. He stated they designed this proposal to be a logical extension of that neighborhood, and to this end, they had assessed the neighborhood development patterns, and prepared this Conceptual Map for Council's review, noting existing property boundaries, housing size, as reported in the Marin County Assessor's Office, and calculated slope areas in areas of existing lots. He stated the review by staff, independent consultants, Design Review Board and Planning Commission had been quite positive. Mr. Guthrie acknowledged there had been public comment regarding the size of the homes, noting that comment had been prompted by reference to the Neighborhood 13/14 Plan. Citing the complete statement of the Neighborhood Plan, alluded to in correspondence, Mr. Guthrie quoted, "The scale diversity in residential character of the neighborhood should be preserved, 1) to maintain housing as the dominant use; 2) to encourage upgrading of housing and pride in neighborhood appearance; 3) to encourage development which would enhance the neighborhood's image and residential quality; and 4) to preserve historic and architecturally significant structures". Mr. Guthrie stated compliance with these goals did not, as had been indicated, require the size of the proposed homes be limited in order to achieve some arbitrarily defined scale, noting the diversity of this neighborhood incudes a wide range of housing types. Mr. Guthrie stated they were proposing six homes, ranging in size from 3,865 square feet to 5,581 square feet, noting these housing sizes, plus the garage areas, did not exceed the allowable Zoning maximum of 6,500 square feet. He reported their review of the Marin County Assessor's records indicated fourteen homes in the immediate area that are as large as their smallest house, and range in size from 3,927 square feet to 8,885 square feet. He pointed out those were the sizes for the homes only, as the Assessor's Office does not maintain records of garages. He noted they had also shown those homes on the Conceptual Map. Mr. Guthrie reported their proposal included larger homes on large lots at the terminus of neighborhood streets, consistent with the neighborhood pattern established on Culloden Park Road, E1 Cerrito Avenue, Wildwood, and Edgewood Way. He stated they believed this housing proposal complied with the Neighborhood SRCC MINUTES (Regular) 7/20/98 Page 9 SRCC MINUTES (Regular) 7/20/98 Page 10 13/14 Plan Policy as it encourages pride, and enhances image and residential quality, which is the true test of compliance with the stated and complete Neighborhood 13/14 objective. Mr. Guthrie stated the Design Review Board review had underscored that compliance, noting the DRB minutes of October 22nd indicate staff briefed the Board on the proposal, and the application of the Hillside Design Guidelines and Neighborhood 13/14 Plan. In addition, staff reports for that and subsequent meetings clearly outlined General Plan and Zoning parameters, of which the Design Review Board is intimately familiar. He reported the minutes of the DRB meeting of October 22nd meeting also stated that Chairman Olmsted and Members McLeod and Pedersen, all specifically made comment that the project was appropriately in scale with the area, noting the Design Review Board was clearly aware of the Neighborhood 13/14 requirements, and made an evaluation that the project design was consistent with the neighborhood. Mr. Guthrie pointed out the recommendation now before the Council was not to approve a specific house size or design. He stated the plan establishes a maximum size, and it reiterates the requirement that individual homes are subject to review and compliance with the Hillside Development Overlay Zoning and Guidelines, a review not previously required. He noted the adoption of the "H" District was the means by which the Council secured neighborhood involvement in these types of design decisions. He stated that arbitrarily reducing the potential house size on these six lots at this time was both unnecessary, not in accordance with staff, DRB, and Planning Commission recommendations, and it was also unfair, not only to the property owner, but also to the twenty-five or thirty other property owners in the immediate vicinity whose lots are large enough to allow them to at least apply to the City for residences in excess of 6,000 square feet. Mr. Guthrie stated they had also previously responded to questions concerning home size by agreeing not to pursue the maximum 6,500 square feet, noting they had agreed to reduce residences on each lot, on Lot #1 by 18%, on Lot #4 by 22%, on Lot #5 by 15%, and on Lot #6 by 30%. In summary, Mr. Guthrie stated they were proposing six houses on 30 acres, pointing out that on thirty acres of potential property, they had building sites totally 5% of the total site area. He reported DRB review and staff recommendation clearly indicate the project is in keeping with the intent of the General Plan, the Neighborhood Plan, and the Hillside Design Guidelines. In addition, there were significant neighborhood benefits, in terms of property maintenance and fire protection on this site, noting they had heard this from immediate neighbors. Mr. Guthrie stated they were keenly aware that this was a change, but believed it was one well in keeping with the Neighborhood Plan that was adopted. He noted throughout this process they had responded to public comments to refine the project, noting they believed, in total, it was a positive one, deserving Council's support. Mayor Boro noted there were currently fourteen homes as large as the smallest house being proposed, ranging from 3,800 square feet to 8,000 square feet, and there were also twenty-five additional houses on Mr. Guthrie's map that had the potential to go up to 6,000 square feet in the surrounding neighborhood. Mr. Guthrie explained there were other parcels adjacent to this map, and clearly more parcels in the area, that would be allowed the 6,500 square feet. Mayor Boro asked if all of those homes would be in the Neighborhood 13/14, as defined? Mr. Guthrie stated that was correct. Irving Schwartz, of I. L. Schwartz Associates, Inc., Civil Engineers who prepared the Tentative Subdivision Map, noted he would summarize four points included in the various pieces of correspondence and maps. Referring to the subdivision design, Mr. Schwartz reported they had, in consultation with all the other members of the design team, prepared the Tentative Subdivision Map now before the Council, and noted that due to the fact a portion of the property had previously been damaged by the quarrying operation, it was their goal to develop a realistic plan for residential development of the site, taking into account the various constraints and conditions of the project team members, while using the already damaged portions of the site for the development. Mr. Schwartz explained the goal was to not further impact the site by adversely affecting any of the remaining natural areas of the site. As an example, he reported the access road, as proposed, uses the existing graded access road, and a new road was not created. Mr. Schwartz noted there appeared to be two ways of accessing the site, Quarry Road and Twin Oaks Drive. He reported they had found the existing portions of Twin Oaks Drive, as compared to Quarry Road, had superior alignment, grade, and pavement width, noting Twin Oaks Drive was a public street, while there was some question regarding the status of the easement over Quarry Road. He also reported they found the existing Quarry Road had a graded "bench", which goes up Quarry Road beyond the pavement, SRCC MINUTES (Regular) 7/20/98 Page 10 SRCC MINUTES (Regular) 7/20/98 Page 11 and this would require considerable grading and tree removal, and would impact quite adversely on a number of residents who are quite close to that right-of-way. Addressing the issue of drainage, Mr. Schwartz reported drainage currently flows through this site in a relatively uncontrolled manner, because when the Quarry operation ceased, whoever was operating the Quarry basically just walked away from it, leaving it for nature to do what nature felt like doing. He pointed out, as shown on the Conceptual Drainage Plan, all of the drainage from the site would be controlled using various culverts, ditches, and drainage structures; additionally, ongoing erosion and siltation of the site would be controlled, so as to eliminate both onsite and offsite problems. Regarding offsite issues, Mr. Schwartz reported it was being proposed to replace the existing substandard culvert at the end of Culloden Park Road with an adequately sized culvert, even though the development of this project would not have a calculable effect on this culvert. Mr. Schwartz stated this project was designed to have a balance of earth work, noting all the excavated material, including that generated by the Geotechnical Mitigation items, would be placed onsite. He stated there would be no import of fill, nor off -haul of excavated material. Eugene Miller, Miller Pacific Engineering Group, reported his company had done the Geotechnical studies on this project, stating their first studies had been done in 1990, and they updated those in 1997 for the present six - lot plan. He noted they used air photo analysis, detailed onsite mapping, and a certain amount of exploration in test pits. To explain the geology, he stated the feature that is of significance is a central band of chert, flanked by greenstone, a very hard, basaltic -type rock of volcanic origin, and melange, a sheared -up, smashed -up shale. Mr. Miller stated the chert formation was unique in that its color is distinctive, pointing out that in Marin County there were not many shale formations. He reported it is also very hard, so early uses were made of the quarry, using the material for roadbase and fill. He noted most of the streets in San Rafael probably have some of that material under them. Mr. Miller stated there were two other geologic features of note, the first being a series of colluvial - filled swale. He explained colluvium is a dried-up accumulation of rock and soil, pointing out areas on the map where there are swales filled with colluvium, and reporting mitigation would be necessary. Mr. Miller stated the second feature was talus, which he described as the accumulation of dry, blocky rock that has fallen off the quarry slopes, also noting its location on the map. In addition, he reported and pointed out areas of shallow landslides, one above and one below the Twin Oaks Drive access; a small, swimming pool -sized concrete -lined reservoir; an area with a small slough on the slopes; and as mentioned previously, the quarry slopes. Mr. Miller explained that in their study, they go through the menu of all the geological hazards and evaluate them, noting they had considered fault rupture, seismic shaking, liquefaction potential, lurching and ground cracking, debris flow, the quarry slope rockfalls, ordinary landslides, Tsunami, flooding, and expansive soil, and all of these were dealt with, discussed, and evaluated in their report of February 4, 1997. Mr. Miller reported the two most significant hazards were seismic shaking, which is addressed by the Uniform Building Code, and the way the structures are built on the site. He stated the site had favorable conditions, in that it was a rock site, rather than a soft ground site. The other hazard of significance is the rockfall potential for the high, steep quarry slopes, which Mr. Miller noted bore further discussion, for which he asked Jim Joyce, Certified Engineering Geologist and sub -consultant on this issue, to explain the mechanism of the way those slopes behave and degrade. Jim Joyce, Certified Engineering Geologist, stated he was the geologist who performed the geologic evaluation for the project, noting his work covered the entire site, making him responsible for the geologic mass that appeared in Miller Pacific's report. Discussing the area above Lot #3, which is the area where slope performance is considered critical to the project, Mr. Joyce reported this slope gave them a unique opportunity and provides beautiful geologic exposures, because it has been in existence for approximately thirty years, and during that time it has had slope failures; therefore, they do not have to drill borings or do test pits to get a good look at it. In fact, he stated it was a considerable advantage to have a slope that has performed for thirty years, as opposed to some hill they have to make a cut in. Mr. Joyce noted they did two types of evaluations. One was a detailed geologic observation of the slope, which was a detailed examination of all the outcrops to look at such things as the various bedding and shear SRCC MINUTES (Regular) 7/20/98 Page 11 SRCC MINUTES (Regular) 7/20/98 Page 12 planes. The second thing they did was to go through a rather extensive set of historical aerial photographs, beginning all the way back in the 1940's, up through the present. He explained this gave them an idea of when the slopes were cut, and what sorts of performance problems had occurred on the slopes of the quarry, throughout that time. Mr. Joyce reported the slope in question above Lot #3 was cut mainly in the late 19601s, and probably as late as 1971, and since that time, there have been no further excavation of the slope, and all of the failures that have occurred have accumulated on the slope. He explained nothing has been removed, so the debris that is seen today on the slope is basically twenty- six years of slope accumulation. Mr. Joyce reported the second thing they found was that slope failures tended to occur immediately after cutting in the upper thirty feet of what they call the "weathered zone", so these were occurring at the top of the cut slope. He noted one failure occurred while they were cutting it, and in response to that, they flattened the slope a little, trying to solve the problem, since it was a nuisance for quarry operators. He noted subsequent to that, a couple of additional small slope failures were observed, and those failures formed a rather large scarp which looks like one failure, directly above the house site, but which is really three failures that occurred over time. Mr. Joyce reported since the 1970's there have not been any significant slope failures, noting that while there have been some small things that have come down, the large failures occurred within a couple of years of the grading, and they were all high on the slope. Mr. Joyce stated the types of failure mechanisms were important to geologists, noting there seemed to be two mechanisms to slope failures; one is called a "wedge" failure, where there are two intersecting plains, and the block in between slides out. He noted that at the quarry, you can see what they call the "molds" for these failures, explaining that as you look up you can see two intersecting plains, which is a place where a failure has occurred. He stated these tended to be relatively small failures, on the order of approximately a couple of hundred cubic yards of material, and they also tend to occur only in the steeper upper, and more weathered, part of the slope. Mr. Joyce stated there had been no failures observable in the lower part of the slope, although some debris had run out into that area. He explained the second type of failure was a simple toppling failure, where an over- steepened bank of rocks rotates and collapses the top, resulting in an accumulation of rocks that comes down the slope. He reported these types of failures have resulted in a runout of rocks down into the setback areas that are being established for this project. He noted all the failures that have occurred in twenty-six years have not come close to filling the catch area they propose to include in the project. Mr. Joyce stated they did recognize slope failures would continue to occur throughout time, noting they were taking some measures in the project to reduce the number of failures; however, they did acknowledge there would be additional rock failures in the area above Lot #3. He reported the expected failures should be less numerous than those that have occurred previously, noting they expect the failures to range from a few tens of cubic yards to perhaps a few hundred cubic yards, per individual event. Mr. Joyce stated the risk of very large failures of the slope appeared to be negligible, in his view. He noted the proposed mitigation was conservative, and would easily contain all the failures that had occurred in the past twenty-six years, as well as future failures, although some maintenance was being recommended to periodically remove debris. Councilmember Phillips asked what had caused the failures that occurred in the recent history of the site, and if construction on the site would, in any way, cause an increase in failure? Mr. Joyce stated the project would not result in any steepening of slopes, which would increase the risk of slope failure, noting the project would actually do the opposite, incorporating some flattening of the upper slope, which is the source of the rock failures that are occurring. Therefore, the idea is to shave that slope off a little flatter, and give it a chance to at least produce a smaller number of rock failures, and perhaps even establish some vegetation. Mr. Phillips asked if the cause of these failures was just a natural occurrence? Mr. Joyce stated it was, pointing out that as a rule of thumb in Engineering Geology in this area, any slope that is cut 1:1 or steeper will have rockfalls, explaining they may be individual rocks that get loose and roll down, or larger rockslides that occur, usually as a result of geologic structure. Mr. Joyce reported the geologic structure in the slope there, and the failures they have observed, suggested a significant risk of additional wedge failures, and he fully expected there would be more of those in the next fifty years, and that they would be small. He stated there would also be toppling failures, individual rockfalls that would come down, but noted the project mitigation was SRCC MINUTES (Regular) 7/20/98 Page 12 SRCC MINUTES (Regular) 7/20/98 Page 13 designed to reduce the frequency and size of those. Councilmember Phillips noted at times, when there were controversial issues, Mr. Joyce had asked for a second opinion, and Mr. Phillips asked if a second opinion had been requested with regard to Lot #3? Mr. Joyce stated the City had a reviewer employed to review projects such as this, noting it was an excellent policy, which many of the cities in this area have. Therefore, the project did go through a third party review, and the reviewing team included a Geotechnical Engineer, and a very experienced Engineering Geologist, both of whom agreed with Miller Pacific's conclusions. Councilmember Cohen noted there seemed to be a lot of focus on whether or not the stability of the slope in the event of an earthquake had been sufficiently studied, and asked if Mr. Joyce had any additional comments regarding this issue? Mr. Joyce stated he believed this issue had been adequately addressed, noting the general rule is that if there is no adverse geologic structure, and the slopes are not steeper than .50 to 1.0 for earthquake induced landsliding, you would not expect to have earthquake induced landslides that exceed what he has already described. He stated he did fully expect there would be rocks that would come down during an earthquake, and probably a large nearby earthquake, such as one on the Rogers Creek Fault, would generate failures similar to, or smaller than, those that have occurred over the past 26 years. However, he stated it did not seem that there was geological structure available to generate deeper failures, which is why the City's reviewer agreed that additional evaluation was not required. He noted that having the thirty-year performance history, and the beautiful exposures that could be studied, it was his view that further analysis was not required, and the City's reviewers agreed. Mr. Cohen asked if Mr. Joyce was satisfied as far as the methodology questions, and confident in his analysis? Mr. Joyce responded that he was, noting he believed the methodology was thorough. Describing the mitigation measures, Mr. Miller referred to the two shallow landslides at the entrance, which he stated would be repaired, by rebuilding the lower portion, and by a retaining wall on the upper portion. He stated there was a small, shallow area that would excavated and rockpacked; a colluvial -filled swale that will have a gavian debris barrier placed in front of it to catch any materials coming down the drainageway, with a structure that would allow water through, but hold the rock debris behind, noting that while this was actually well removed from any of the construction on the subdivision site, this was a projection they felt was necessary to protect offsite structures. Mayor Boro asked who would be responsible for maintaining these? Mr. Miller stated they had recommended some kind of maintenance entity be created, noting a Homeowners Association was being proposed to do this. Councilmember Cohen asked about the issue of access, noting when this became a topic of a fair amount of discussion for Loch Lomond #10, a similar approach was proposed, and the issue was raised of the possibility of minor amounts of debris collecting over time, and preventing the water from flowing through, which might lead to even greater problems. He reported it had been suggested that periodically, over a period of years, someone would have to go up and make sure that kind of debris was cleared out, and asked if there would be access in this case? Mr. Miller stated there was, reporting that just past Lot #4, there is an access between Lots #3 and #4, and there is presently a road that comes up around the nose of the hill, which will provide access. He noted a second barrier was not likely to require maintenance, because the materials getting to it were going to be rocky, and once there is an accumulation behind the debris barrier, the slope is flatter, and it catches even more; therefore, it is not likely to need maintenance, although it would be more difficult if it were to require it. Mr. Miller referred to the high quarry slope, noting the mitigation that had been recommend had four elements, beginning at the top, where the top edge would be flattened to remove the overhangs, and the flattened portion of the slope; the second element is to create a catchment bench at the top of the talus pile; the third was to clean-up some of the existing talus, and re-establish some of those locations as catchment areas; and the fourth element is to construct a debris barrier, a low timber wall twenty feet out from the cut slope, to cut any rolling rock, and prevent them from going any further. Councilmember Cohen noted that after this work is done, there would still be a significant amount of talus above the existing, intermediate bench. Mr. Miller explained that talus would be left there, noting it would provide support for the old cut face, and was also an energy supporting surface for any new talus that rolls down. He stated if any new talus rolls down the slope, the slope is such a coarse texture, it slows the tumbling rock and takes the energy out of it. SRCC MINUTES (Regular) 7/20/98 Page 13 SRCC MINUTES (Regular) 7/20/98 Page 14 Councilmember Heller noted the mitigation appeared to be expensive and perhaps not easy to do, asking if the owner of Lot #3 decided not to sell the lot because of this expense, would this mitigation still have to be done for the safety of the other lots, or was the mitigation only for Lot #3? Mr. Miller stated that if the subdivision was going to be constructed, these mitigation measures would be constructed, regardless of whether Lot #3 is sold or not, noting that was a condition of the subdivision approval, and would be included in the Improvement Plans. Mr. Miller stated that during this process, their findings were subjected to the City's Peer Review Process, in which another firm reviewed their findings. He reported Kleinfelder was retained to do that, and in their letter of October 22, 1997, they stated that on the basis of their meetings, and the Geotechnical Review, it was their opinion that the Miller Pacific Engineering Group provided sufficient data to reach the conclusions contained in their reports, and that the Standard of Care for Engineering Practices had been met. They also stated it was their opinion that the design changes proposed by Miller Pacific would improve the stability of the slope above the building envelopes on Lot #3 during a large seismic event. Mr. Miller noted there had been several other supplementary letters and documents. He referred to supplemental letters of May 27, May 30, June 19. August 8, August 21, August 22, August 26, September 19, and October 2, 1997, all of which he noted for inclusion into the public record. Councilmember Cohen note one of the major questions has been about slope stability, and one of the points that has been raised was a reference to the analysis of Miller Pacific's analysis, by the firm of Golder & Associates. Mr. Cohen referred to a letter of June 23, 1998 from Mr. Zischke, noting he did not see anything in the letter that raised a challenge to Miller Pacific's analysis, only that it did not seem that enough data had been studied to have come to the conclusions they reached. Mr. Miller stated Mr. Zischke had suggested it was necessary to do a Numerical Dynamic Analysis to properly understand that slope. Mr. Miller stated there are a number of ways to conduct slope analyses; one of them is by direct observations, using actual performance data, and he noted they had relied heavily on that. He stated there were also numerical methods which can be used, noting some are more, and some are less applicable. Mr. Miller stated the Numerical Dynamic Analysis Mr. Zischke had suggested would have been suitable if they did not know what the conditions were, and could not examine them, although they would have to make assumptions as to strength, planes of weakness, and depths at which the landsliding would occur. However, in this case, they had direct, observational data upon which to base their judgement. Councilmember Cohen stated he appreciated the additional discussion of Lot #3, and noted an area of potential concern to uphill neighbors was the area on the curve of the quarry, where the rock slope face is cut much more steeply. Mr. Miller pointed out that on Lot #2 there is a series of benches, and the overall slope is actually flatter, and even though there are some areas that are steeper, the overall slope is flatter, and the condition is similar, but less severe on Lot #2. He stated they were still suggesting similar mitigation for that location, including the trimming of the loose talus to provide catchment, and a debris barrier in back of the building setback. Mr. Miller stated that hill was so raw and bare, there was nothing to scrape off at the top. Mr. Cohen noted some of the concern seemed to be about the potential failure of that face in the event of an earthquake. Mr. Miller stated there would be no deep-seated failure, as that was not the mechanism in this type of formation. Councilmember Heller noted Mr. Miller was suggesting they trim off twenty feet at the top, and asked if they would be replanting any trees. Mr. Miller stated the first few trees that are presently hanging over would be removed, either by them or by Mother Nature. He explained that once those trees are removed, the next row of trees would provide the visual backdrop, and he did not believe they would notice much of a difference in silhouette there. However, Mr. Miller stated there would not be any planting up there. James MacNair, Consulting Arborist, reported his task was to evaluate all the trees designated for removal, or potentially impacted by the proposed project construction. He stated the trees impacted by the project were within the proposed roadways, building envelopes, areas requiring landslide repair, and the quarry cliff stabilization zone. He reported a total number of 86 trees were evaluated and described in the various tree reports and memoranda prepared since July, 1996, noting these reports included the original report dated July 17, 1996, an addendum dated May 23, 1997, and a SRCC MINUTES (Regular) 7/20/98 Page 14 SRCC MINUTES (Regular) 7/20/98 Page 15 November 10, 1997 memorandum regarding the geotechnical work on the quarry. Mr. MacNair reported tree species occurring within the project were primarily Coastal Live Oak, Bay Laurel, Madrone, and various introduced or naturalized species, and all of the trees were described and rated for health and structural condition. He explained the City's Hillside Design Guidelines state significant trees were defined as having a twelve inch trunk diameter, and that they be in good health and form, and the Oak species are considered significant when they have a six inch trunk diameter. He stated a majority of the trees occurring in the construction zones are in poor to marginal health and structural condition, due to past fire damage. He reported that of the 86 trees evaluated, approximately 24 meet the criteria as significant trees, as defined by the Hillside Design Guidelines, noting these trees were generally smaller Live Oaks in clusters and, therefore, relatively easy to mitigate with replacement trees. Mr. MacNair reported the other important site management issues included the control and eradication of non-native pyrothetic trees and shrub species, including Acacia, Ailanthus, and Broom. He pointed out these species were discussed in the Fire Management Study, and did represent a significant fire hazard on the site. Mr. MacNair stated a May 23, 1997 addendum was issued to address trees affected by the slide repairs, trees near an old reservoir at the lower portion of the site that needs to be filled, trees growing on the cliff edge of the quarry, and certain trees growing within building envelopes that were not previously identified. Additionally, Lot #4 was readjusted to retain significant Oaks growing on the slope portion of the lot, so there were adjustments to save additional trees. Mr. MacNair stated few of the trees evaluated as part of the addendum report were considered significant, as most were also significantly damaged by past wildfires. Regarding the slope at the top of the quarry, fifteen additional trees were evaluated at the top of the quarry, in response to the new stabilization requirements, and seven trees were designated for removal, due to the trimming of the upper edge. He noted there were additional trees relatively close to that edge, and there may possibly be more tree removals, depending upon how their root structures are intertwined among the rock mass. He stated all the trees on the upper edge of the quarry have significant fire damage and decay, and are of low vigor; therefore, they are not considered significant within the Hillside Guidelines criteria. Mr. MacNair noted the area above the quarry edge slopes upward, and there are successive areas of trees behind that, so from a visual standpoint, the loss of those seven plus or minus trees probably will not have significant visual impact. Councilmember Miller asked, when they eradicate the fire safety trees down below the intrusive new growth, how much disturbance that would be to the canopy? Mr. MacNair stated it would be a very small area, noting most of it was between Lots #2 and #3, comprised mainly of groves of Acacia. He felt the replanting of perhaps a dozen new Live Oaks would likely replace all the loss of that area. Councilmember Miller asked if that was part of their plan? Mr. MacNair responded that it was, noting part of the mitigation was the replacement of the trees. Mayor Boro noted the Councilmembers had received a letter from John Collette, President of the Culloden-Quarry-Twin Oaks Homeowners Association, in which he specifically referred to Lots #4, #5, and #6. His two main issues were the removal of trees within a 100 foot parameter because of fire needs, and the question of whether what is removed will be replaced. Mr. MacNair explained they needed to look at the areas individually. He stated that in terms of fire management, it was not necessary to remove healthy trees, noting they would basically be "limbing up". Mayor Boro asked, in the event there were some trees that needed to be removed because they could cause a fire, would they be replaced? Mr. MacNair stated they certainly could be, as long as the environment was appropriate, explaining that if an area is already crowded, it would not make sense to remove dead or dying trees and put more trees in, if the conditions were not appropriate for their health and vigor in the future. He pointed out that as a mitigation measure in those situations, often those would be placed in another part of the site, noting this would provide more benefit than new tree planting. Therefore, if it were appropriate, there would be no reason why they could not replace those trees. However, he did point out that some of these areas had been overgrown to the point where it would not necessarily be to the benefit or the health of the environment to necessarily replant in certain locations. Mayor Boro noted there had been a second question concerning trees beyond the 100 foot area, which go approximately another 50 or 60 feet, and SRCC MINUTES (Regular) 7/20/98 Page 15 SRCC MINUTES (Regular) 7/20/98 Page 16 whether or not they could be included or protected. Mr. MacNair stated this could better be addressed as a site planning issue. Councilmember Heller stated she felt that putting a home on the site, and having nothing grow in this red soil, would not be very attractive, and she wondered if they would be bringing in any top soil, so these homes can be landscaped? Mr. MacNair agreed that, certainly within the quarry area, they were going to need top soil to grow plants; however, he explained a couple of feet of imported fill would be ample to support most trees. Ms. Heller asked if five years after a home is in place, we would see a well landscaped home, with different trees and plants growing around it, just like the other homes on the hill? Mr. MacNair felt certain the owners would demand that, noting that although it would be technically challenging in some of the areas because of the lack of top soil from the quarrying operations, it was certainly feasible to do it, and he agreed it should be done. Ray Moritz, Urban Forester and Fire Ecologist, stated he had been delighted when he was first called to consult on this project, noting he has done a lot of work here in San Rafael, and is intimately knowledgeable with the quarry area. He reported he has worked with the people in the Fairhills Homeowners Association, in their Fire Management planning, noting that to the credit of the City of San Rafael, the Fairhills Homeowners Association, and the Fire Department, they had done a fine job. Mr. Moritz reported one of the major concerns mentioned over and over again since 1993, in terms of fire hazard, was the potential for an ignition in the quarry site, and the potential for a major conflagration coming out of the quarry site. He explained the problem, in terms of ignition, was almost always related to the partying going on at the quarry site, and also the homeless encampments. He felt the project would help tremendously to mitigate the ignition potential on the site, because simply having people living there, overseeing the wellbeing of themselves and their property, would serve to mitigate hazard potential for the surrounding properties. The second point was that development of the site could also include a number of Vegetation Management actions that would help to compartmentalize and mitigate the spread, in terms of rate of spread and intensity, of any potential fire at this site, and he noted he had written a fairly concise report on Fire Hazard Mitigation for this project. Mr. Moritz stated he had conducted at least ten Firescape classes in the Council Chamber, noting his report, and the attached documents, specified that the type of Firescaping and Vegetation Management that would be done, would be in complete harmony with all the programs he had conducted at City Hall, and throughout the area. He reported one of the things they discovered in recent years, in studying fire behavior, was that the term "clearing" was really not necessary, or even desirable, noting it was possible to maintain beautiful canopies and vegetation, and even make it more beautiful and healthy, and still significantly mitigate fire behavior. Mr. Moritz believed that was what they had done here. Councilmember Heller stated it had taken her some time to understand that when they talked about clearing around the homes, they were not talking about taking out all the trees, but rather going up a few feet and cutting off limbs, and being sure that vegetation is cleared from around the homes by a few feet. Mr. Moritz stated he does not even use the term "clearing", except in the case where there are Acacia thickets, noting that with the amount of fire hazard presented by that, and the potential for that very invasive, aggressive species to invade the native woodland and damage it, he believed the Acacia thickets should be removed and eradicated. In the case of creation of defensible space, and in the case where the project would allow surrounding homeowners who have already taking advantage of the site to create defensible space for their properties, he reported they were not recommending "clearing", only the removal of trees that are sick or dying, not the removal of mature trees, other than exotics that create a clear and immediate hazard, such as some of the decadent Monterrey Cypress and Pine around the power line. He stated the maintenance, such as thinning and deadwooding, removing sick and crossing branches from trees, and the limbing-up of trees, was only going to make the trees healthier, and improve the overall canopy structure, and this was the type of Vegetation Management he had recommended in his report. Councilmember Heller asked who was responsible for implementing Mr. Moritz' report, and whether it would be the land owner, who would be doing the implementation, or if they would be waiting until there were six homeowners, who would then become the legal Homeowners Association? Mr. Moritz stated the City of San Rafael had adopted Ordinances that state all citizens are required to maintain defensible space around their homes, explaining it would be the responsibility of individual homeowners to SRCC MINUTES (Regular) 7/20/98 Page 16 SRCC MINUTES (Regular) 7/20/98 Page 17 maintain the immediate defensible space around their homes. He reported the documents he had submitted outlining his plan for this were documents that had already been used by the San Rafael Fire Department, and had been adopted by the County Fire Chiefs' Association, to be utilized through the County by homeowners in maintaining defensible space on their property. Regarding Fire Apparatus Clear Zone, referring to vegetation management along roads, he felt that seemed to be more the responsibility of the Homeowners Association, except in cases where the home has frontage right down to the road. In his report he mentioned that if a home needed a Defensible Space zone that actually extended beyond the road to the other side, then it would be the responsibility of that person to create the full Defensible Space required. Mayor Boro asked, initially, with the construction of these six homes, would the 100 foot defensible space around them be done as part of the development of the property, or would the houses be built, and then the Defensible Space would be up to the property owners? Mr. Moritz stated the initial installation of the Defensible Space would be done prior to the development and construction of the homes, noting the Fire Apparatus Clear Zone and Defensible Space would be done prior to the grading permits; however, he pointed out that vegetation was not static, and continuing maintenance would be required. Ms. Bridges stated a helpful addition to the original comments and information given to the Planning Commission concerning defensible space was a copy of the Marin County Fire Department's handout, which clearly states what is to be done 30 to 100 feet from a structure, and which to remove and not to remove. She stated it made very clear that you do not have to remove healthy trees, and that you certainly do not remove significant trees, you remove what creates a danger to the structures. Referring to the letter received from Mr. Collette, Ms. Bridges addressed the issue of house size. She noted Mr. Guthrie had taken Council through the facts about the house sizes in the neighborhood, and the house sizes in this application, and pointed out DRB Member Pedersen had summed it up very well by stating, "These are single-family homes on large lots, with small building envelopes; that's what we do in the Hillside". Ms. Bridges reported that after the first DRB meeting, the Members felt the house sizes were appropriate for these six lots, and noted staff's statements to the Planning Commission at their last meeting were also very clear, reporting they had stated that since the City had the Hillside Design Guidelines, they felt comfortable with the standards that were in them. She reported actual house sizes of the building envelopes, and the location envelopes, had been discussed at length at the DRB, and in fact, one of the building envelopes was changed. She reported Commissioner Kirchmann stated what she felt became, in the vote, the consensus of the Commission when he stated, "I'm comfortable that within the Design Review Board Process these new homes will be made compatible with their surroundings". Addressing how they had arrived at this point with the Hillside Design Guidelines, Ms. Bridges reported that in February, 1989, the City Council stated it was concerned about the City's Slope Ordinance, feeling it was inadequate. She noted at that time Council took several measures, including putting a freeze on all Hillside Design applications while they decided what to do. She reported Council began a process of review, held workshops, hired a Consultant to prepare a plan, and had staff prepare new regulations for development of the City's hillsides. She reported the new regulations came before the Council in October, 1991, and Council adopted the new Hillside Design Guidelines, and the Hillside Zoning Overlay District to accompany it. Ms. Bridges stated those Hillside Guidelines and Zoning subsequently won a Statewide award, and the Planning Department and the City were very proud of the work that had gone into and resulted in these Guidelines. Ms. Bridges stated she believed the question now before Council, about house size, was not about these six houses; she felt the question before Council was, after spending the time and effort to develop and adopt Hillside Zoning and Hillside Design Guidelines, why would they arbitrarily select not to apply those Design Guidelines to this hillside property, or, one step further, if they did that, they why would they not also change the other thirty plus lots that are in the area and presently developed, which are in the Rla-H zoning, and have a zoning maximum of 6,500 square foot, subject to the Hillside Design Guidelines? Ms. Bridges stated the purpose of advance planning is to plan in advance, explaining you get the facts, take time, and thoroughly analyze; you do not recreate, at a single meeting, something that you have determined during a two year process that involved the entire community. With all due respect to Mr. Collette, Ms. Bridges stated she believed what he was asking Council to do was throw out that two -plus years worth of work, and apply an arbitrary number of square feet, which happens to be applicable to the smaller lots located nearer Forbes Avenue, further down on the hill, which SRCC MINUTES (Regular) 7/20/98 Page 17 SRCC MINUTES (Regular) 7/20/98 Page 18 are not within the Hillside Overlay Zoning District. She pointed out that was not to say they were not in the neighborhood; however, they do not fit into any of the categories which Council has determined these properties fit in. Ms. Bridges asked Council to look at this and determine, as the Planning Commission did, that the existing Hillside Guidelines, when applied in the City's review process, would result in new homes that would be compatible with their surroundings. She noted, in some ways, this was a vote of confidence in the process the City had developed. She acknowledged this process had created some difficulties, reporting it requires that each Hillside single-family home go through Design Review, and that means people have to come to meetings, which is a kind of difficulty, noting it was also a kind of difficulty to think there would be six that would have to be done that way. However, she pointed out they call it "advance planning" because they plan in advance, and in this process, Council decided that what the people wanted was a community process to be able to look at, and participate in, the design of homes on the hillside. Therefore, while it was difficult, and it would be inconvenient to have to go to the meetings, Council decided that was what the process was. Addressing the Scenic Easements, Ms. Bridges highlighted those areas on the map, pointing out that everyone continues to refer to the Scenic Easement as being only on Lots #1, #2, #3, and #4; however, it is actually on Lots #1, #2, #3, #4, and #6, everything except Lot #5. She stated this confusion had been created because Lot #6 is split, having a split on one side of the roadway, with upper and lower portions, noting the upper portion is entirely within the Scenic Easement. Ms. Bridges explained the Scenic Easement is not commonly owned property, it is private property, and these six lots are all going to be privately owned. Five of the six lots will have a Scenic Easement on their private property, which limits part of their rights to that portion which the easement is on. She noted that within the Scenic Easement areas the owner of a lot in the subdivision, one of these six, or the owner of any immediately adjacent lot, such as one of the lots off of Wildwood, which is adjacent to, but not in, the subdivision, those people will have a recorded right, under this Scenic Easement, to take action within the definition of "defensible space" of their home, to protect their property from wildfire. Therefore, as an example, if there is a property off Wildwood, which is adjacent, and its structure is located such that in order to create its Defensible Space it needs to go into the Scenic Easement that is on Lot #1, it will have the recorded right to do that, and there will be transferrable rights. Ms. Bridges stated fire protection was allowed and encouraged within the Scenic Easement areas, and there is no Homeowners Plan, or total plan, for that to happen, it will be done by the owners of the individual lot, and the adjacent lot owners, in their creation of Defensible Space. Other than that which is defined as "Defensible Space", no removal of significant trees is allowed within the Scenic Easement designated area. She stated one of the burdens a property owner would have if he owned Lot #1 on the Scenic Easement, would be that he could not just go up and clear, and could not cut any significant trees, and that would be specified in the recorded easement. Therefore, while the property owner would have the right to create his Defensible Space, he would not have the right to clear the site. Referring to Lots #4 and #5, Ms. Bridges pointed out their locations on the map, noting Lot #4 had two portions, a portion that is in the Scenic Easement, and a portion that is not, while Lot #5 was the only lot that did not have any portion in the Scenic Easement area. She stated Lots #4 and #5 each have areas that are very heavily wooded, explaining those heavily wooded areas were not within the Scenic Easement, because the owner would like to be able to use those areas in other ways, to create garden -type activities, such as pathways and gazebos. As in the Scenic Easement area, if the owners of Lot #4 or #5 choose to use the "Defensible Space" definition, they can remove materials that are within that Defensible Space, so they have the same right the others do, and they can clear for fire protection in the Defensible Space area. She reported the applicant had agreed, and the Plan Development Standards before Council provide, that as in the Scenic Easement areas, no removal of significant trees is allowed within the wooded lot areas of Lots #4 and #5, so even though they do not have the Scenic Easement on those lots, they have, through zoning, the same restriction that they cannot remove any significant trees. Mayor Boro noted she had referred to the gazebos and other garden -type activities, and had implied they could remove trees for that. Ms. Bridges stated they could not remove "significant" trees for that, explaining there was actually a layer of restrictions, and the layer was that you cannot remove significant trees, but if you can figure out a way to construct a gazebo without removing any significant trees, you can do so. She noted the distinction was that the property owner cannot build any type of structure, even a gazebo, in the Scenic Easement Designated Area. Therefore, she SRCC MINUTES (Regular) 7/20/98 Page 18 SRCC MINUTES (Regular) 7/20/98 Page 19 stated they believed the request Mr. Collette was making about adding additional restrictions on Lots #4, the area that is not in the Scenic Easement, and Lot #5, was already addressed in Section 2-d of the Plan Development Standards, because it already states you have the same restriction as in the Scenic Easement, and you cannot remove any significant trees. Mayor Boro noted Mr. Collette had also discussed extending the Scenic Easement beyond 100 feet, and beyond the Defensible Space. He clarified there was the 100 foot issue, which is defensible space, but there is apparently another 60 feet that is in question, going down in front of Lots #4 and #5, which could be included in the Scenic Easement. Ms. Bridges stated it was her understanding that since all of Lots #4 and #5 had the restriction against removing significant trees, this was addressed. Mayor Boro asked if that would take care of everything within the area that Mr. Collette was referring to, and Ms. Bridges stated that was correct, noting that unless Mr. Collette wanted to restrict gazebos, or other garden -type activities, then everything was already covered. Councilmember Cohen asked how specific that definition was, noting what gave him pause was the term "garden -type uses", such as pathways, or a gazebo among the trees, although it was certainly understandable that the property owner of a place like this would want to have an arbor. He stated he had seen plenty of gardens that included terraces, and then they get retaining walls, and pretty soon you get farther afield from what we are talking about here, and trees are put at risk, and even though people did not intentionally take them out, the drip zones and roots get covered up, and they die and have to be removed. He stated there had been other examples in San Rafael where some of these restrictions had not been as tightly crafted as they could have been, and then that opening has been taken advantage of. He noted that even though, when the subdivision was put in place, it was everyone's intention that the kind of restrictions Ms. Bridges was talking about would be the intention, once the lot becomes the property of the individual, they are looking very narrowly at this and saying, "This is my property, I spent a lot of money, I want to have a little flat place, I want to have a little lawn", so they start to work toward that. Mr. Cohen stated that might be part of the concern that the idea of the Scenic Easement was intended to address; however, he felt this would be a concern if the wooded nature of these areas changed significantly. Mr. Guthrie stated they had indicated that no structures requiring a building permit would be allowed, including retaining walls. Councilmember Heller noted brush could be removed on these two lots, and also insignificant trees, meaning those smaller than would be classified as significant trees, so if someone wanted to put in a garden they could clear, as long as they did it away from the Oak tree that is significant. Ms. Bridges stated this was correct, noting this was also true in the Scenic Easement area. She explained that in the Scenic Easement area you cannot remove significant trees, but it does not state that you cannot remove underbrush, which is how they arrived at the definition of "significant tree". She explained significant trees are the trees that provide cover and canopy, and that is why they are singled out as being more important. However, the lower brush is not restricted in either the Scenic Easement, nor the area on Lots #4 and #5 that is not within the Scenic Easement. Mr. Guthrie noted the distinction of this easement goes beyond Lots #4 and #5, pointing out that on the flat spots of Lots #2 and #3, where it is quite logical that someone could build a garden structure outside of the building envelope, he felt it made all the sense in the world that someone should be allowed to do that. He stated there was a real purpose of mind in doing this, pointing out there were flatter areas outside the building envelopes. Referring to the geologic mitigation in the project above Lot #3, Ms. Bridges noted that had been described very clearly by Mr. Miller and Mr. Joyce, who noted the professionals had written seventeen reports concerning this, and the City had hired an independent consultant for the Geotechnical Review, and they reviewed these measures and the development of the six homes. She reported the City also hired an independent consultant, Matthew Brockway, to review visual impacts of this mitigation measure, and the development of the six homes. She noted Page 11 of the Planning Commission minutes was actually a full page showing the presentation given to the Planning Commission by the representative for Mr. Brockway's firm. She reported that at the end of that presentation, Commissioner Atchison asked the consultant, "You mean, it will basically look the same?", and the consultant answered, "Yes"; then, Commissioner Scott asked, "You mean, it is now red rock, and the fresh rock which is under that, that is going to be knocked off, is the same color rock that is there now?", and the SRCC MINUTES (Regular) 7/20/98 Page 19 SRCC MINUTES (Regular) 7/20/98 Page 20 consultant answered, "Yes". Ms. Bridges stated they believed the record was very clear; the old red rock quarry face, after the geotechnical measures are done, will continue to be the old red rock quarry face. She stated it was going to be no more different a scar than exists today, and the argument being made that to allow this project will result in a scarring of the red rock quarry face has been shown, by the record, to be quite disingenuous, at least she believed two of the Planning Commissioners believed that it was. Addressing the Environmental Review of the project, Ms. Bridges stated she gave a presentation before the Planning Commission about the standard that has to be met to adopt a Negative Declaration, explaining that to make that decision, the decision had to be based on substantial evidence in the record. She noted the key was that this was a "facts" decision, meaning substantial evidence in the record. She pointed out, "You don't just get to raise the question, you have to have some facts in the record". She referred to the comment made by Commissioner Kirchmann when the Commissioners started discussing this. Paraphrasing from the minutes, she reported Commissioner Kirchmann stated that after visiting the site four times during the past year, and having read all of the reports, some of them more than once, and having weighed the discussions and the presentations made to the Commission, he had not heard or seen any substantial evidence that would cause him to believe that this project might have a significant adverse impact on the environment. Ms. Bridges stated the Commission then voted to recommend that Council adopt a Negative Declaration for the project. Referring to the issue of noticing, Ms. Bridges stated the reason this issue had to be addressed was because there were allegations being made that notices were not received from the City's process. She noted the action the Council takes tonight was governed by the Municipal Code, and under each of the Municipal Code provisions for a Use Permit, Design Review Permit, and Zoning Amendment, there are provisions about what kind of notice has to be done, pointing out staff knows those provisions, and had done them. She explained the City had to mail the notice to property owners within 300 feet, mail the notice to affected neighborhood, business and homeowner associations; post the notice in at least three public places, including the property; for zoning actions, the City also has to give notice 10 days prior to the hearing, and in addition, the notice also has to be published. Ms. Bridges stated staff had provided all of these notifications. She reported the last thing the Municipal Code states, in every one of these actions, is that no action regarding any development shall be held void, invalid, or set aside, by reason of any error pertaining to the notices, unless a court determines both: 1) that the error was prejudicial and that the party complaining suffered substantial injury; and 2) that a different result would have been probable if the error had not occurred. Ms. Bridges noted the first hearing at the DRB regarding this project was on October 22, 1996, and she believed everyone has had enough time to be aware of the project, and she did not believe there was a valid argument that a different result would have been probable if two or three people had gotten a notice they did not get. She acknowledged she did not know what could be done about the noticing problems, but noted the City does meet the law. She also noted CEQA does not require multiple hearings, although it does require that if there are public hearings, the Environmental Review be included, and that notice is given for those hearings, in the same manner given for other hearing notices. She pointed out the only substantive statement it makes about notice is that adequate time must be provided for members of the public to review and comment, and once again, she noted it had been over ten months since the first Planning Commission meeting at which this Negative Declaration was considered, and she felt there had been adequate notice, as shown by the record. Ms. Bridges reported the City had an independent peer review, the standard of care for engineering practice has been met, the City hired independent consultants on the questions of visibility, and as seen from the project team, the issues have been covered. Therefore, she stated they were requesting Council allow the Developer to proceed with this six lot subdivision. She pointed out this was not, as Commissioner O'Brien stated, a forty lot subdivision, this was a six lot subdivision. She stated they believed the record was complete, and asked that Council approve the Negative Declaration, the Ordinance for the zoning, and the Resolution for the permits. Councilmember Cohen referred to the geotechnical issue, noting it did not appear that there had been any raising of fact that challenged the analysis provided by the consultants retained by the applicant, noting at most, there appeared to be a challenge to the methodology; therefore, he assumed SRCC MINUTES (Regular) 7/20/98 Page 20 SRCC MINUTES (Regular) 7/20/98 Page 21 the argument was that since they did not agree with the methodology, they might believe that if a different methodology had been used, that might have produced a different set of facts, then there would have been facts in contention, and substantial questioning as to whether there needed to be an EIR. He stated that seemed to be a bit of a reach, and asked if that had been tested in court, in terms of the application of CEQA? He noted that to this point, he had not seen anything so far that provided any factual challenge to the technical analysis that had been presented, or to the further review by the City's Geotechnical Review Board. Ms. Bridges stated that was the same conclusion reached by Commissioner Kirchmann and the Planning Commission in voting on recommending the Negative Declaration to Council, noting it had been made very clear to them that this was the standard they were dealing with, and they concluded there were no facts. She believed Mr. Joyce and Mr. Miller had very clearly stated to Council what they had seen to be shown by the facts, and she pointed out there was plenty of case law on what is not substantial evidence. Mr. Cohen stated his specific point was that there was a challenge to the methodology used by the Engineering Consultants, and while he was personally satisfied with the answers to his questions, and was satisfied the City's Geotechnical Review process did its work, as well as an independent analysis of that, still, he was trying to respond to the issues that had been raised in front of the Council by the neighbors, and the attorney retained by those neighbors, on the issue of methodology. He stated his question was whether or not there was case law that dealt with analyses at that level? Ms. Bridges stated she was not aware of a case that specifically dealt with geotechnical methodology, although she noted Mr. Zischke, if he had been present, might have told them something differently, and the City Attorney might tell them something differently. She noted sometimes Council should consider the things that are not said, as well as the things that are said, reiterating there was no question being raised by the Geotechnical Consultant. John Collette, long time resident of San Rafael, and President of the Culloden-Quarry-Twin Oaks Homeowners Association, stated he and many of his neighbors had been actively involved in the Development Plan for Neighborhood 13/14, and many of his comments related to that Plan, because the Plan had been drafted with a very specific awareness of the potential for the development of the quarry site, and many of the concerns they had were reflected or incorporated in that Plan. Mr. Collette noted his letter basically raised three points, and essentially those points had to do with house sizes, which they felt were too big, and essentially inconsistent with what they believed should be up there, based upon what was reflected in the Neighborhood Plan; a question about the Scenic Easement and the tree canopy below Lots #4, #5, and #6, as well as the question about the advisability, not the engineering or technical feasibility of the mitigation relating to Lot #3, but rather the advisability of creating a buildable lot, from the standpoint of the affect on the Hillside, and its consistence with the Hillside Design Guidelines and the Neighborhood Plan. Referring to the issue of the house sizes, Mr. Collette stated, as indicated in his letter, they essentially believed the houses were too big, in the sense that they are inconsistent with what is there in the neighborhood, they are way out of scale with the adjacent neighbors, and even though Mr. Guthrie indicated they had reviewed the design as a logical extension of the Twin Oaks neighborhood, and the houses that are in that area, they strongly disagreed with that. He acknowledged that while it is true there are houses in the area that are 4,000 square feet to 5,000 square feet, and even the old Babcock Mansion, which is 8,000 square feet, there was no place in the neighborhood where there is a concentration of houses clustered together, as they will be here, of the size that is now being proposed. He stated it simply could not be argued that there would not be a significant visual impact, and inconsistency with the scale of the neighborhood as it now exists. He noted these houses, when viewed from almost any perspective, would essentially create a great deal of mass and bulk in a very concentrated area, unlike the Twin Oaks extension where the houses are spread out on relatively large lots, with all of the houses being much smaller. He pointed out these houses were all clustered together, and when viewed from almost anywhere in the neighborhood, one would be overwhelmed by the bulk of the houses. Mayor Boro asked for clarification on this point, noting that, obviously, once someone goes down Twin Oaks Drive they are going to see those houses, but from where in Neighborhood 13/14 was this going to have what Mr. Collette considered to be a mass visual impact? He stated it was his understanding some of these homes were going to be in the "bowl". Mr. Collette stated Lot #2 would be in the bowl, and would only be seen from up above; however, he stated the impacts of Lots #1, #3, #4 and #5 would be very significant, noting #3, #4, SRCC MINUTES (Regular) 7/20/98 Page 21 SRCC MINUTES (Regular) 7/20/98 Page 22 and #5 would be easily viewable and observable from almost anywhere in the neighborhood, and when viewed from any distance, it was going to look like just a solid mass of housing. He acknowledged it was true that with good architecture and good design, some of this could be mitigated; however, he stated they were very concerned, and simply did not want to have to deal with this on six different occasions on six different houses, although they did agree they should all go through Design Review, which was a requirement of both the Hillside Design Guidelines and the Neighborhood Plan. However, they believed that at the outset there should be some limitation imposed, noting the Council clearly had the discretion to impose such a limitation because of the approvals they are requesting, which includes a zoning change. Mr. Collette stated one of the reasons they did not want to have to deal with this on six different occasions was because it was very difficult for the neighbors to understand the architectural aspects of the presentations, such as discussions of size, mass, and bulk, and someone not trained in architecture really cannot understand what the mass of the house is going to be, or what the appearance of the house is going to be, based upon one stick in the air, which was essentially the type of thing that would be given, apart from renderings and other architectural drawings that make it very difficult for people not trained in Land Use Planning to really understand; therefore, they were asking, at the outset, for Council to impose some reasonable limitation. Mr. Collette pointed out a 4,500 square foot house was still a very large house, noting it was not as though they were making the project unfeasible from a financial standpoint, as the houses would still be substantially bigger than the vast majority of the houses in the neighborhood. Again, he stated they believed the mass and the bulk of houses of the magnitude being proposed would be totally out of scale with the neighborhood. He stated the Neighborhood Plan was absolutely clear one of the goals of the plan was that the scale and diversity residential character of the neighborhood should be preserved. Mr. Collette noted "scale" was a word that was deliberately inserted into the Neighborhood Plan to assure that whatever was built in this particular area, or anywhere in Neighborhood 13/14, would be consistent with the houses that were already there, but with some latitude. He noted they were not saying the houses all had to be exactly the same size; however, they should be roughly to the scale of the houses in the neighborhood. Mr. Collette noted both Mr. Guthrie and Ms. Bridges had made statements that the other existing and undeveloped lots in Neighborhood 13/14, under the Hillside Design Guidelines, could be increased, or have a house on them of up to 6,500 square feet, and the only limitations would be the Hillside Design Guidelines. He stated that was simply not correct, pointing out that Policy #4 of the Land Use section of the Neighborhood Plan states, "Development approval in hilly areas shall be conditioned carefully, with respect to road design, grading, structural foundations...", and then continues, "...All new residential development, including development of existing single-family lots, will be subjected to the Environmental Design Review by the Planning Commission (not DRB, but the Planning Commission), at a scheduled public hearing. Positive Findings shall be made using the following criteria as a guide: 1) Setbacks and siting of new structures will be adequate to protect views from existing and proposed structures. Variations from normal setback requirements may be permitted to preserve natural resources; 2) All feasible means of mitigating visual impacts will be utilized. Landscaping will be required, consistent with geotechnical and drainage requirements to help soften the visual impact of buildings and grading; and 3) Existing trees will be retained to the greatest extent possible". Mr. Collette stated his point was that the statement, "all feasible means of mitigating visual impacts will be utilized", meant not only to this project, but to any development of any lot in Neighborhood 13/14. Therefore, he did not believe they were asking for any limitation on this project that did not apply to any other lot in Neighborhood 13/14, which he believed was contrary to what Mr.Guthrie and Ms. Bridges both implied. Councilmember Cohen stated the concepts of the Neighborhood 13/14 Plan had been expanded upon and improved in the Hillside Design Guidelines, which came subsequent to the Plan, and actually put even further restrictions on development potential. However, taking the language just read by Mr. Collette, Mr. Cohen stated he did not hear anything that stated there was a limitation on the lots identified by Mr. Guthrie, within the surrounding area, that would, upfront, preclude them from reaching, say, 6,000 square feet. Mr. Cohen acknowledged they would have to meet and address all of those impacts, as these sites will have to do, but there was nothing that stated a home within this area shall be limited to 4,500 square feet. Mr. Collette stated it did state the homes had to be to scale, and his point was that the scale in this particular neighborhood was well below 4,500 SRCC MINUTES (Regular) 7/20/98 Page 22 SRCC MINUTES (Regular) 7/20/98 Page 23 square feet, because all the houses immediately adjacent to the project were well below that number. He noted by that he was referring to the houses that were really visible, because they are up on the hillside and can be seen by the rest of the neighborhood. Referring to the area on the map, Mr. Collette explained, rather than being an actual ridge, this was a sub -ridge, which made it very visible to the surrounding area, noting that was one of the reasons he felt they should be concerned about this. Highlighting the houses at the base of the hill, he noted those houses were visible from almost nowhere, because they are very low to the ground. He stated any house in Neighborhood 13/14 that seeks any kind of development approval must meet the scale requirement, so if someone wants to build a 6,500 square foot house, and all the houses around it are in the neighborhood of 2,000 square feet, it would not meet the scale requirement, and that was a consideration the DRB or the Planning Commission would need to take into account in deciding what was appropriate on that lot. Mr. Collette referred to Mr. Cohen's earlier comment that the Hillside Design Guidelines, in effect, superseded the Neighborhood Plan. Mayor Boro clarified that Mr. Cohen had not stated the Hillside Design Guidelines "superseded" the Neighborhood Plan, he stated it had "improved" it. Mr. Collette stated that while that could well be in many cases, he quoted from Page 9 of the Hillside Design Guidelines, noting they do specifically state, "It is the City's responsibility to implement the Neighborhood Plans, and when adopted Neighborhood Plan Standards are different than the Citywide Standards, (which Mr. Collette explained would be the Hillside Design Guidelines) the City shall enforce the more restrictive standard". Mr. Cohen stated he would tend to believe that in most cases, the Hillside Design Guidelines were actually more restrictive than the Neighborhood 13/14 Plan. Mr. Collette stated that in the particular instance of house sizes, on this particular site, he did not believe so, because of the scale requirement. He acknowledged it may be that in many instances the Hillside Design Guidelines would be more restrictive than a Neighborhood Plan; however, in this situation we were dealing with a scale requirement, and he believed this project, with these house sizes, was simply out of scale. Mr. Collette reported staff had responded, in response to his comments on this particular point, indicating that perhaps the Council might want to look to other comparable subdivisions as guidelines for appropriate sizes; however, the Neighborhood Association disagreed with that, and felt the Council should look at the Neighborhood Plan, which he stated addressed this specific point, this specific neighborhood, and this specific location, and states whatever is built up there should be consistent with the existing scale. Mr. Collette stated another point they made with regard to the house sizes was that the garages were extremely large, as proposed, noting they range from 792 square feet, to 960 square feet. He stated their concern was that this was really very large, and was simply an invitation to create second units, which they did not want to encourage, for obvious reasons, most notably the impact of traffic on Twin Oaks. Referring to the Scenic Easement, Mr. Collette stated that in listening to the presentation by the applicant's consultants, he did not feel they were really that far apart, and he was having difficulty understanding why they were resisting this particular point. He stated, as he understood the comments from Mr. Moritz, Mr. MacNair, and Ms. Bridges, it was possible to have Defensible Space without removing the tree canopy, pointing out it was the tree canopy in the woodlands that they were trying to protect, because they believed that particular feature was probably the most valuable community resource on the entire site. He noted there is a beautiful tree canopy below the face of the quarry, and he believed there was clearly going to be some intrusion upon that, due to the construction of the houses. He stated they wanted to limit the impact on that canopy to the extent they could, consistent with good fire protection practices. He noted he had understood Mr. Moritz and Mr. MacNair state dead and dying trees could be removed, and Mr. Collette noted they had no objection to that, stating it was a primary concern to be able to remove underbrush, low-lying limbs; however, it was not necessary to remove healthy trees. He stated Ms. Bridges agreed to a restriction for significant trees, but noted that left untouched and unprotected anything less than a "significant" tree, pointing out it could still be a very healthy tree, and it could still be contributing very significantly to the tree canopy and the woodlands affect, but it would still not be a "significant" tree, because a significant tree is defined as being a tree of a certain size, 6 inches in diameter for a Live Oak and 12 inches in diameter for anything else. Mr. Collette stated much of the hillside canopy today consists of trees which, by that definition, are insignificant trees, but they are still SRCC MINUTES (Regular) 7/20/98 Page 23 SRCC MINUTES (Regular) 7/20/98 Page 24 significant in the sense that they contribute, collectively, to the canopy. Mr. Collette noted they did not seem to resist the idea that the canopy is valuable, and could remain consistent with good fire protection practices, and it seemed to the Association that perhaps with some additional work on this, between staff, the applicant, the Neighborhood Association, and anyone else who may wish to participate in the process, they should be able to fashion a Scenic Easement that makes sure this tree canopy remains, but still the work necessary to protect it from forest fires is done. Mr. Collette stated they did not have any objection to that; what they did object to were the conditions that do not really provide adequate protection for the canopy, as such. He noted Ms. Bridges had made the comment she believed it was fully protected under Section 2-d; however, Section 2-d addresses only significant trees, and he pointed out there were probably twenty trees contributing to the canopy for every significant tree that is there. He stated they were asking for protection for those other trees. Mr. Collette stated his last point had to do with Lot #3. He acknowledged he did not know who was right or who was wrong concerning the geotechnical mitigation, explaining he and the Association were not arguing about the feasibility of what they were trying to do, in terms of making it safe; what they were saying was that this was a lot of grading, excavating, and scarring of the hillside to basically protect one lot that is otherwise unsafe. He stated they believed it was inconsistent with the spirit and intent expressed in the policies of the Neighborhood Plan, the Hillside Design Guidelines, and the General Plan, which basically state there should not be excessive scarring or excavating of the hillside in order to make a lot safe. He stated, unfortunately, all of the analyses that had been presented had to do with engineering feasibility, and that was not really their issue. He noted they believed the applicant could have a very financially successful and profitable subdivision with five lots, and that the removal of Lot #5 was in no way critical to the subdivision, and they could still put in all the other improvements they needed to put in. In response to Councilmember Heller's question to Mr. Miller, concerning whether they would still do all the mitigation if they chose not to build on the lot, he pointed out Mr. Miller had stated, "Yes, they would"; however, Mr. Collette believed that assumed the lot would be approved, and be part of the subdivision. He felt the question should be asked that if this lot were not part of the subdivision, and the lot was disallowed, would they still do all of this mitigation work? He stated he expected the answer to that question would be "No", and that they would not want to incur the expense of it. Mr. Collette stated that to the best of his knowledge, it was not necessary to remove the hazard for the other lots, because they are so far away from it. He stated that while they might do some other tinkering with the site, they would not have to cut off the top of the quarry face. He stated that when all is said and done, and they cut through all the technical analysis, all they are doing is making the scar bigger, removing what is now grasslands and woodlands on the top of the quarry face, and making another big scar, and while he acknowledged this was a scar that was already there, he did not see the justification for making it larger. Mr. Collette noted Mr. Schwartz had indicated that after all the work is done, the site would balance, and there would be no off-loading of material on the site. Mr. Collette stated that was a major concern because of the magnitude of the work that was going to be done here, and they would like to see that made absolutely clear in the Development Standards. He noted Mr. Schwartz had made this point several times during the course of the meetings, but each time they asked to have this confirmed, it did not quite come out that way in the Development Standards. He noted what it now stated in Paragraph 2-k was, "Cut and fill required for the subdivision shall be balanced to the maximum extent feasible. Should balancing not be possible, the amount of import/export material shall be reviewed, and approved by the City". Mr. Collette noted Mr. Schwartz had stated, categorically, that it would balance, and they would like to see that reflected in the Development Standards. He asked that it be changed to read, "Cut and fill required for the subdivision shall be balanced", meaning no import or export of material on the site. He noted that would not mean they could not import top soil for landscaping purposes for each of the individual houses, but stated it should be absolutely clear there will be no exporting of material off the site resulting from the excavation. Mr. Collette thanked staff for their diligent work on this project, stating his Association had received very good attention from them, and noting they had been highly professional. SRCC MINUTES (Regular) 7/20/98 Page 24 SRCC MINUTES (Regular) 7/20/98 Page 25 Ron Duran, resident of Wildwood Way, referred to the question of scale. He stated the homes being proposed came nowhere near the scale of the surrounding homes, noting he was very familiar with eight homes in the Wildwood area. He stated his home was two -stories and 2,900 square feet, and he had a two -car, 400 square foot garage. He noted what they are proposing was, basically, four -car garages, and he did not know of a four - car garage in Fairhills. As far as the size of the houses, of the eight homes he was familiar with, there was a possibility that two homes were larger than his, noting both those homes had recently been remodeled, with additions put on; however, he knew the rest of the homes were smaller than his. He stated the two homes that had been remodeled were, at the maximum, 4,500 square feet, although he did not believe they were even 4,000 square feet. Mr. Duran also stated, for the record, he had not received a notice, having only found out about tonight's meeting a couple of hours prior to the meeting. Regarding the issue of fires, Mr. Duran stated he had been coming to meetings for years, and had raised this issue several times. He reported he had been through two major fires in this area, and noted neither of those fires had started down in the quarry bowl. He acknowledged there had been fires in the quarry bowl, caused by such things as people starting camp fires; however, the two major fires started up above, toward where the tower and water tank are. He stated the people living down below could clear their fifty or one hundred feet around their property, but they were going to get clobbered when those fires come over the hill. He believed we were missing the whole point of where the fires were coming from, reiterating they come from over the hill. He stated they were very concerned with keeping that area cleared of scotch broom and other vegetation, and he had not heard how that was going to be addressed. He noted Ms. Bridges had stated he could go down his gully, which he is already working very hard to clear, and go further down and start clearing brush on the adjacent property. Mr. Duran stated he had no intention of doing that, but noted that was the threat to his property. He believed whoever purchases and develops these properties had to take the responsibility for the whole thing, not just the footprint, because that was what was threatening them. Mr. Duran stated there were other issues that should be discussed, such as noise pollution and visual problems, pointing out no one had even mentioned the wildlife. Therefore, he believed an Environmental Impact Report should be done. Larry Kaplan, 40 Wildwood Way, stated he had voiced his concern at the Planning Commission meeting regarding geological concerns, and in reviewing the disclosures regarding the geological survey that had been done, he pointed out they were in a Number 3 Hazardous Zone, based upon the stability of the bedrock. He noted he had not heard anything addressing mitigation measures that would be taken on Lot #6, which was directly adjacent to his property. Mr. Kaplan stated he also had concerns regarding the tree canopies, because it seemed there has been some beetle investigations of the trees in that scenic zone. He stated he was affected by this project geologically, and in other ways, and he believed there were some definite environmental studies that needed to take place. He noted if the Councilmembers were to come onto his deck, they would see the visual impact quite clearly. Mary Ellen Irwin, 34 Wildwood Way, stated the Fairhills Homeowners Association Board of Directors had voted unanimously to support those who were coming before the Council, and asking them to do a complete environmental study, noting a number of things had not been touched upon. She pointed out this was an area next to an Open Space, with 179 homes nearby in Fairhills, plus those in Culloden and Quarry. She stated one of the things that had not been studied was the wildlife, noting there are endangered species there, and all kinds of animals coming in and out of these properties, both those they see, and those they do not see. Ms. Irwin stated it was absolutely necessary that this be reviewed before houses are put down there. Ms. Irwin stated no one had studied solar radiation, the differing slopes, the heat/air circulation, including the reflectivity of the ground's surface, and the effects on the construction materials and the landscaping materials that are to be used. She noted there had been no analysis of wind, yet they live with the wind everyday in Fairhills, reporting wind during the storm two years ago was 103 miles per hour. She noted there was a wind gauge on San Rafael Hill, which could be looked at and used. She stated the wind was one of the reasons they had such a problem with fire, SRCC MINUTES (Regular) 7/20/98 Page 25 SRCC MINUTES (Regular) 7/20/98 Page 26 because the winds are tremendous, and they carry fire, and affect the buildings, slopes, and trees. Referring to the fire danger, Ms. Irwin stated it was not until tonight that she felt a little better, believing there was a little better understanding of what fire protection could be done. She noted Vegetation Management had very clear laws, and clearing was very tightly governed. She stated initially they had understood that the lots were going to be divided, and the homeowners would be required to maintain the entire property; however, she stated they could not be required to do that, although they might do it out of the goodness of their hearts, as some of the Fairhills residents do. She stated this needed to be understood by the neighborhood residents. Ms. Irwin reported there had been no noise analysis done, stating they had seen no one going up and testing. She stated she had just returned from Red Rocks in Denver, noting she had gone on the back side of it, up to the top. She stated someone down on the stage, 69 rows ahead of her, dropped a book, and the noise reverberated all the way up to the top. She stated the immediate response was that this was going to be like the Red Rock Quarry, because the sound was amplified. She noted they were not talking about small sounds, such as conversations wafting up, they were talking about the amplification of sound that is natural in an amphitheater, pointing out the sounds that will come from the homes, and during construction, are a tremendous worry. She stated this had not been studied or looked at seriously, noting they certainly had not appreciated being laughed at by the members of the Planning Commission. Ms. Irwin stated part of the problem was the construction phase. She pointed out that in Fairhills they have lived with the four -lot subdivision, reporting the first home was completed and lived in, the second was almost finished, and the third was applied for last week. She noted this meant those people had gone through three years of construction, so they knew that with six houses, they have six years ahead of them, with the constant beep -beep -beep of the bulldozer as it backs -up, and the constant pounding of the nails, which will be tremendous noise. She noted the noise would be constant, as this was not like a development, where everything is done at once and it is done, this will be six years of hell for the people who bought homes, which were very expensive, and who try to maintain them well, and who bought up there for the peace, the quiet, and the beauty of the place. She stated the City was giving them, on a tray, six years of hell, and she believed the Council needed to know how strongly they felt about this. Ms. Irwin stated issues of water in the quarry had not been addressed fairly or completely. She noted she had submitted a picture to the Planning Commission of the eight waterfalls coming out of the hillside. She reported their feeling about the water was not the same as the Developer, who stated it was a great thing to have the water come out of the middle of the hill because, therefore, the pressure would be released. She stated the residents' concern about the water was the landslides it causes by the water coming down onto the property below and washing out the dirt, and the dirt coming down. She reported the County Board of Supervisors was currently dealing with Partridge Knolls in Novato, and the Fairhills residents felt the City Council was setting itself up if they allow these homes to be built on the flat of the quarry, because they have watched the land come down, even though the Developer might state that it is insignificant. She reported much of it had been bulldozed away four or five years ago when they were drilling for wells, and more land has come down since. She reiterated this land does come down, and now the Developer is talking about putting up a berm, or a catchment, for the rolling rocks, noting they must be expecting the rolling rocks, otherwise a catchment would not be placed there. She asked if the Councilmembers would purchase a house where they knew this? She stated the residents have watched the earth come down, and she asked Council to think of the danger, noting she believed that when the rocks really come down, the City will have to be held liable and accountable. She reported she had watched the earth come down for the past twelve years, and other people have lived in the area much longer, and have seen more earth movement. Ms. Irwin stated they felt these were definitely issues that required a full EIR, stating it was irresponsible not to have it, and pleading with Council to do that. She reported they felt this project was badly designed, that some of the homes were vulnerable to great danger, and that the sizes of several of the homes were too large, noting people actually laughed when they first saw the scale, thinking it must have been a mistake. Ms. Irwin stated this particular group of six homes was part of Fairhills, and although they had not heard that tonight, she pointed out the deeds all state they are part of Fairhills. Ms. Irwin noted there had not been much to try to make them feel this was a part of them, either in the scale, the design, or their specific concerns about the water and the noise. SRCC MINUTES (Regular) 7/20/98 Page 26 SRCC MINUTES (Regular) 7/20/98 Page 27 Ms. Irwin stated there were a number of other issues regarding accuracy which they felt needed to be addressed. First was the comment made earlier that the visual impact was not significant. She urged Council to accept the invitation of Mr. Kaplan, at 40 Wildwood Way, noting they would be able to clearly see the visual impact. She pointed out the statement had been made that this could not be seen from Mt. Tamalpais; however, she stated it could be seen from the fire tower on Mt. Tamalpais, noting she had been there a number of times on Fire Commission visits, and located her home by looking for the quarry. Ms. Irwin stated there were a number of other concerns to the neighbors, and as this was her City, she worried about the liability issues. She noted she felt confident Council would do the right thing for Fairhills- Culloden-Quarry, and doing a full EIR would certainly be of help. She stated an EIR, with the requirements for the things she listed, plus suggestions for the amelioration of other issues that arise, could help all of us. There being no further public comment, Mayor Boro closed the public hearing. Mayor Boro asked staff to respond to the questions and comments from the members of the public who had addressed the Council. Community Development Director Brown referred to Mr. Collette's comments regarding limits on the scale of the proposed new homes, stating staff would suggest that the scale did not necessarily equate entirely with the square footage of a home, noting there were other factors, such as the design of the structure, and its siting on the property, which were factors the Hillside Design Guidelines tried to take into account. Mr. Brown stated that in the Neighborhood 13/14 Plan, properties are included in more than one Zoning District, and those Zoning Districts have different maximums for the square footage of the homes, based on the different lot sizes that are there. Therefore, that is a factor, and larger lots mean more surrounding Open Space, which also has to do with siting and compatibility issues. In addition, there has been no attempt, elsewhere in the City, to legislate home sizes on a neighborhood by neighborhood basis, based on the size of existing homes. Therefore, that has been the rationale for staff not recommending anything different than what we have, in terms of zoning limits, and what would be accomplished through the Design Review Process with the Hillside Design Guidelines. Addressing the issue of tree protection, Mr. Brown noted, as stated in the staff report, there would be the ability to remove non-significant trees from the areas that are outside the Scenic Easement. He stated the applicant had also addressed this issue, and there were ways to modify the conditions that would allow for restrictions on such tree removal. However, as stated in the staff report, there needs to be some criteria for the ability to remove trees that are in an over -concentration, or in an unhealthy condition. Therefore, from staff's standpoint, if there were such criteria, such as suggested in the staff report, they would feel comfortable with such a restriction. Mayor Boro stated Mr. Collette was asking how to protect the canopy? Associate Planner Louise Patterson stated, as has been referred to in the Planned District Development Standards, Sub -section 2-d, which deals with this area, that potentially they could add a fourth statement which would state that the overall tree canopy would be maintained, whether it be replaced with a replacement Oak tree that fits in better with what is being removed, or fits in with the overall plan the property owners are proposing. She stated if the intent is to maintain the tree canopy, that could be made a Performance Standard for development. Discussing the developability of Lot #3, Mr. Brown stated that in previous discussion and material submitted to the Council, it had been found that the paring back of the top twenty feet above Lot #3 did not result in a significant visual impact, since it would expose rock of similar character, and the vegetation that would appear on the crest would simply be the same type and quality of vegetation, only moved back a few feet. In addition, it had been determined that this would not create any geotechnical peril. Therefore, staff concluded, and the Planning Commission agreed, that Lot #3 was indeed buildable, with the mitigations required by the Conditions of Approval. Regarding the request for the balanced cut and fill, and the precluding of the export of soil material, Mr. Brown deferred to the applicant for comment, noting this was really a question for their Civil Engineer. Mr. Brown noted Mr. Duran had raised the question of fire potential in the SRCC MINUTES (Regular) 7/20/98 Page 27 SRCC MINUTES (Regular) 7/20/98 Page 28 Scenic Easement; however, as pointed out earlier, Mr. Brown stated the plan did provide for the ability of the homeowner of the property, and adjacent homeowners, to maintain a Defensible Space, and staff believed this issue was covered. Ms. Patterson noted the question had been asked earlier today whether the Fire Department or the City could enforce defensibility of vegetation, should this project not be built, and the land stayed as it is. She reported, after discussion with Fire Chief Marcucci, she found the City did not have any way of doing that, explaining defensible fire maintenance was around structures, not in Open Spaces. Referring to Mr. Kaplan's statements regarding the visual impact of new homes from his dwelling, Mr. Brown stated neither the Neighborhood Plan nor the Hillside Guidelines anticipated precluding new development in areas that are already developed, and although there is an attempt to make sure the development that occurs is compatible, in terms of scale, there is no anticipation that there will not be any development in these areas that would be visible. Addressing Mr. Kaplan's questions concerning geotechnical issues on Lot #6, Ms. Patterson stated there were some recommended mitigation measures for Lot #6 in the Geotechnical Report, to repair certain slide areas. In addition, the remaining upper portions of Lot #6 would have no development, and there would be no change from what exists there now. Ms. Patterson explained Lot #6 would not cause any change in that area, so there was no geotechnical mitigation for the upper portion of Lot #6, other than where the slides were, which is down around the area where the dirt roadway currently exists. Mr. Brown noted Ms. Irwin raised a number of environmental issues. Referring to the comment concerning visual impacts of the site to neighbors in the area, and from Mt. Tamalpais, Mr. Brown noted that at the Planning Commission meeting they had an extensive discussion concerning the fact that the visual impact needed to be based on the context of the area. He pointed out this was an area that was already significantly developed with single-family residences, and so for that reason, it was not found that the addition of six more homes would be a very significant change in the character of the area, as viewed from offsite. Addressing her concerns regarding rockfall, Mr. Brown noted this issue had been addressed very extensively in the geotechnical studies, and he stated it was not believed, even in a seismic event, there would be rockfall that would go beyond the proposed construction barrier that would be installed. He noted water drainage from the quarry slope was also an issue that had been discussed by the Planning Commission, and in paraphrasing the consultants, he reported they had indicated the drainage from the slope was actually a positive, in that it released water pressure that might otherwise build up and create a more significant soil slumping. Ms. Patterson also noted that with the development of the road, the drainage coming from the quarry slope would be directed into the culverts going downhill, pointing out that at the bottom of Culloden Park the culvert had been upgraded, so it will improve the downhill drainage system. Regarding the issue of noise, Ms. Patterson stated the Noise Analysis did acknowledge there would be some short-term construction noise, hopefully not as long as the other subdivision on Fairhills Drive has taken. She reported the mitigation and Conditions of Approval require that construction occur only between the hours of 8:00 AM and 5:00 PM, Monday through Friday, which is generally when the neighborhood is awake. She noted it would also require the development to have a staging site on the property, so trucks do not go up and down the adjacent streets and create additional noise, and that everything be done onsite. In addition, as pointed out earlier, the cut and fill is to be closely retained onsite, noting the provision in the Planned District is to give some exception if an unknown comes up, and something needs to be trucked up or brought off the property, explaining this had happened in other projects, where something has had to be done. She reported that when the homes have been constructed and occupied, and the landscaping is in, that should reduce the reverberation from what exists there now. Concerning the issue of wildlife impacts, Ms. Patterson stated a Biological Impacts Report had been completed, which did identify wildlife corridors and wildlife on the site. However, it was not concluded in that report that they were endangered species, or that any additional mitigation needed to be done, pointing out most of it was in the Scenic Easement Area, not in the areas proposed for development, although the report did acknowledge deer and other animals travel through. SRCC MINUTES (Regular) 7/20/98 Page 28 SRCC MINUTES (Regular) 7/20/98 Page 29 Addressing the concern about solar radiation, Ms. Patterson stated this would be similar to the homes that are already there, noting that while specific building materials had not been proposed for the roofs or walls, they were typically either woodframe or stucco, with composition roofs, similar to what is out there. Concerning the wind, Mr. Brown stated he was not certain how this development would either change wind patterns in the area, or necessarily be affected by the wind. He stated that, clearly, for all the properties in the hillside areas that are vegetated, the fire danger was greatly exacerbated by wind, and that had been addressed through the Vegetation Management Plan. Mayor Boro asked City Attorney Ragghianti to comment on the issue of the City assuming liability by approving this project. City Attorney Ragghianti stated the City had multiple immunities available to it in the Government Code, chief among them was the immunity that attaches when a public agency engages in an exercise, such as this, where it is vested with discretion, and takes facts, listens to testimony, and then makes a decision in connection with the grant of a development or entitlement. Mr. Ragghianti stated he had no concern that the City would be exposing itself to any liability, should the Council approve this project, on the basis of this record. Mayor Boro asked Ms. Bridges to address the question regarding balanced cut and fill, in response to Mr. Schwartz' statement that everything be transferred onsite, and the request to have the wording changed to reflect this. Ms. Bridges stated they believed the cut and fill would balance on the site, and that the exception, as explained by Ms. Patterson, was only to cover any unknown situation. She assumed that if an unknown were to arise, they would have to figure out how to deal with it; however, at the present time, they believed the cut and fill would balance. Councilmember Cohen noted Council had received several letters questioning the adequacy of the Negative Declaration with regard to the Geotechnical Analysis. He stated he was completely satisfied that the record was complete on this, noting even the letter he had referred to earlier, from Golder Associates, in its conclusion stated, "The recommended slope stability mitigation measures may ultimately be appropriate and adequate to mitigate the impacts of future rockfalls or landslides". Mr. Cohen stated this consultant was merely saying he would have done the analysis differently, and that was the only argument they were making, noting they were not making any factual basis to claim that this was inadequate, they were only stating they would have approached the analysis differently. Mr. Cohen stated he was satisfied, with the professional credentials of the people who were coming before Council, and with the City's Geotechnical Review Process, that the issue had been adequately studied. Mr. Cohen stated that with the development of Lot #3, unless we were going to come at this from some other angle, like the visual impact of allowing a house to be built there, the question was, under the Environmental Review, whether or not the impacts could be mitigated. He believed the facts before Council were very clear that from a geotechnical standpoint, the impacts for potential dangers could be mitigated, and were addressed by the proposal before them and, therefore, it was feasible to permit construction on Lot #3. Councilmember Cohen stated he was concerned about the potential for visual impact, and felt there might be a little more the City could do to address that. He noted, as staff pointed out, and as Council had found throughout the previous years, "scale" was a difficult term. He did not believe one could state that because immediately adjacent houses are currently smaller that what is being proposed here that they were necessarily out of scale. Mr Cohen felt, with the information Mr. Guthrie provided concerning the range and diversity of the sizes of houses throughout the neighborhood, and the number of lots that would have the potential, to expand to the sizes contemplated here, they could meet the criteria, was a fairly telling point. He believed it would have to come down to an arbitrary decision by the Councilmembers that they were going to cut it off at a certain number, whatever that number might be, noting it was going to have to come down to an analysis on a case by case basis on each of these lots. He acknowledged that was probably more of a difficulty for the neighbors who were concerned, although it appeared to him that it was not six, but likely three of the houses that were going to have the greatest potential for impact. Mr. Cohen stated there were two issues he believed had to be considered regarding visual impacts. One had to do with the significant trees below SRCC MINUTES (Regular) 7/20/98 Page 29 SRCC MINUTES (Regular) 7/20/98 Page 30 the proposed subdivision. He stated he was not satisfied with the language in front of them, noting he was still concerned that if someone were to go in and remove so- called "insignificant" trees, the impact of that would not be insignificant. He did not know whether the language proposed by staff to preserve the canopy addressed this or not. He also did not know if the Scenic Easement was the appropriate measure, stating we had, in other subdivision in San Rafael in recent years, put that kind of limitation on up-slope and down-slope, and noting they would get a building envelope, and everything outside of that had to stay undisturbed. He felt that whether we got to it through a Scenic Easement or through the protection of the canopy, the neighbors raised a valid concern about the potential for impact if there is a lot of removal of the vegetation, and the thinning out of the canopy below those lots. Mr. Cohen stated this needed to be strengthened, and he was not satisfied the language currently being proposed adequately addressed this issue. Mr. Cohen also noted that in the testimony addressing visual impacts, Mr. Collette raised a point that had also occurred to him, concerning the difficulty of analyzing the visual impact of some of these houses, noting that given the siting and size, traditional methods may not be sufficient. He stated Mayor Boro had previously discussed existence of new technologies allowing us to analyze the potential visual impact of buildings, particularly using computer generated techniques, noting it was now possible to do modeling, as they had seen in recent months on larger projects. Mr. Cohen stated that if we went forward with the possible sizes of these houses, they were going to be significant in cost, and could reasonably bear the expense required to do a sufficient design study, so we could really see what the house was going to look like once it is sited, and the neighbors with non-technical backgrounds could understand the impact. He stated he would like to see something like that written into the guidelines, although he did not believe we could require that now, since there were no house designs. However, when we get to the level of the individual analysis of each one of these lots, and the house that is going to go on it, he wanted to be able to understand what the impact was going to be, and he felt it was appropriate to require that either the Developer, or the individual owner of the lot, use those kinds of design techniques. Mayor Boro stated the Developer could have six 4,500 square foot homes, and they could have a bigger impact than six larger homes, depending on how they were designed, not only on the lot, but in relation to points from throughout the community. He noted the City had used computer aided designs on some of its major buildings in town, allowing us to see the impacts, not only on the site, but between the houses on the site, as well as from distant points within the City. He believed we could do the same here, and see how to adjust the size to adjust the impact. Mayor Boro stated that although it could be a burden in one sense, on the part of the neighborhood, to have to come to the meetings, he noted the City initiated these individual design reviews for each home so people would have the opportunity to comment, and he believed that with techniques such as these, the City could make the requirement, as part of Design Review, that this technology be used. He stated the neighborhood would get a better sense, not only on the site, but from other locations in the surrounding area, of what this was going to look like and what the impact will be, noting with different sizes and different models they would be able to see that, and have a better understanding of what it is going to look like than from trying to read architectural diagrams and drawings, and just trying to envision it. Mayor Boro stated this would make very clear what was happening, noting the Design Review Board and the Planning Commission would be able to use this technique, and the public would be able to see it, interact with it, and make comments accordingly. Councilmember Cohen stated that, overall, on the issue of the Negative Declaration, one of the problems with having over 600 pages in the record in front of them, was that it was difficult to go back and find all the references. However, he noted Ms. Bridges had given an excellent discussion of what was required for an Environmental Impact Report. He noted it came down to substantial evidence, and while there had been a number of issues raised by the speakers, and additional testimony, regarding the geotechnical issues, he did not believe any of them rose to the level of substantial evidence. He stated he believed, as staff had recommended, that of the concerns that had been addressed, those that had any substance to them had been adequately identified, and could be mitigated to a level where they were not significant within the context of the Negative Declaration. He believed Council needed to address those SRCC MINUTES (Regular) 7/20/98 Page 30 SRCC MINUTES (Regular) 7/20/98 Page 31 issues regarding visual impact that had been discussed; however, beyond that, he did not believe visual impact was merely the fact that someone was going to be able to see the development. He pointed out most of San Rafael was visible from Mt. Tamalpais, and while most of us would rather look at Open Space than immediately adjacent buildings, unless we owned the land or were prepared the buy it, we do not always get to do that. Mr. Cohen stated there was one additional issue he wanted to touch upon, which had been in the most recent communication from Ms. Bridges, and referred to in the map, noting he wanted to be very clear on the issue of public access. Mr. Cohen pointed out that on the map, running through the Scenic Easement across Lot #3 and Lot #2, there was a Pubic Pedestrian Easement, which is intended to remain open. He noted there was a letter and a Condition concerning Public Pedestrian Easement across the roadway within the subdivision, and he noted it should be understood there is no connection between that roadway and the Scenic Easement. He asked if there had been any consideration whether or not it would be possible to connect this proposed Pedestrian Easement along the pathway with the private roadway? He noted it appeared difficult, explaining the reason he asked was because currently, and over the years, it had been possible to go up either Quarry or Twin Oaks, into the site, and make your way around it, up to what is being proposed as the Pedestrian Easement into the San Rafael Open Space. He wondered if there had been any consideration of access? Mr. Guthrie stated the Public Pedestrian trail shown running along the property generally followed an old pipeline, was relatively level following the contour, and was a safe trail. He explained the Ad Hoc Pedestrian Access, from that location down through the Quarry and through Twin Oaks or Quarry Road was what the Developer considered to be somewhat of an unsafe situation. He stated they had looked at it seriously, and ultimately decided not to propose any pedestrian connection there, purely from a safety standpoint, noting they assumed, even if they had proposed it, someone at the City would have stated the City did not want the liability, because if it was a public trail, it would be the City's public trail, and it is just too steep and too dangerous. Councilmember Phillips stated he had been impressed by the presentation and its thoroughness, noting he, too, was satisfied that Council had sufficient evidence to draw a conclusion, noting staff and the Planning Commission had done a thorough job and reached consensus at each step. He noted that while the neighbors may have some understandable concerns, nevertheless, he was content the project did meet the standards the City had established. He noted some concerns had been expressed, and he tended to agree that size should be mitigated if at all possible, and although he did not believe there were sufficient grounds to restrict the houses to a lesser size, he did believe we should do whatever we could to reduce the visual impact of the permitted size. Referring to the issue of the canopy, he agreed this was an issue that should be looked at, and hoped we would do that. However, he stated he was generally in favor of moving forward as proposed by staff. Councilmember Heller stated her main concerns regarding this project had been fire safety for the entire neighborhood, and the slope safety of the quarry, and she felt those issues had been adequately addressed. Regarding the view obstruction, she noted she lived at the end of Sun Valley, and when she drives up and down Fifth Avenue, she sees the backside of the homes up on this hill, noting some were not very pretty, while some were very lovely. She felt this was a chance to have a very lovely and desirable home for the neighbors to look at. Ms. Heller stated she would like to put a condition on the project, to be sure the owner clears the site, and gets rid of all or a lot of the brush that needs to be cleared, noting this request was for the fire protection of all of the Fairhills neighborhood. She noted she did not know when they were proposing to begin the project, and while they may hope to begin tomorrow, it could be two more dry summers from now, and she would like to see if there was a way to protect the neighbors with some kind of Fire Mitigation. Mayor Boro stated the Fire Chief had the authority, if there is a hazard, to go in and request the property owner to solve the problem, and if the property owner did not, Chief Marcucci had the authority of the Council to go ahead and take the action, and put a lien on the property. City Manager Gould stated the Fire Chief could also close the entire area to pedestrian access if he felt there was a fire threat. Mayor Boro clarified Ms. Heller was requesting, independent of whatever happens in the interim, that the property owners do something with respect to the existing fire danger on that site, with respect to the overgrowth that is currently there, and to work with the Fire Chief to minimize that. Ms. Heller stated that could also be part of the applicant's plan, because that was very valuable SRCC MINUTES (Regular) 7/20/98 Page 31 SRCC MINUTES (Regular) 7/20/98 Page 32 property, and it certainly needed to be protected. Councilmember Heller agreed the canopy needed to be protected. She also noted that in looking at this proposal, it did not seem that six homes were too much on a thirty acre parcel of land, and she believed the project would look good, and would benefit Fairhills in the future, because it has been a very hazardous site, and an attractive nuisance for their neighborhood. She believed that by beginning to get some development on this property, it would enhance the entire neighborhood. Councilmember Miller stated that as the hearing progressed, the argument that prevailed was the one presented by Ms. Bridges concerning the Hillside Standards, and its community-based process. He noted it was those Standards he had seen in action and in operation from the West -end Neighborhood in which he lives, as the Felton properties were developed along Spring Grove Avenue and along the top of Terrace Avenue and Terrace Lane sections. Councilmember Miller agreed with Ms. Irwin, noting there had been one year when there was constant construction and hammering; however, he stated that process lent a real neighborhood cohesion, noting that cohesion had been led by the President of their Neighborhood Association, Mr. Harry Winters. Councilmember Miller noted as each house went through Design Review it was held to the standards, and people changed windows, they changed painting after they had already painted, trees were looked at, the hillside was protected, as was the openness into the Open Space, and even a problem with Pedestrian Access has been resolved. Councilmember Miller assured the residents, from one who has gone through the efforts of his community, that his neighborhood ended up with a development that brought forth to them, particularly along Terrace Avenue, a real re -invigoration of their entire neighborhood. He stated many of the problems they are foreseeing were the same kinds of problems he had seen and felt very strong about in his own neighborhood; however, his neighborhood found that through the Design Review Process, and the Hillside Standards, it worked out very nicely, and he was confident it would do so in this neighborhood. Mayor Boro addressed what he felt were the three main issues before the Council. First, referring to the Negative Declaration, he stated he believed Council could do this, noting there had been nothing to point out they should not, and he felt it was not only defensible, but valid that they do so. He reported he had spent some time earlier with Mr. Collette discussing the issue of visual impact, and also had discussion with Ms. Patterson and Councilmember Cohen. He stated not only did he truly feel an arbitrary number was not the way to go, he did not feel it was fair to go that way, noting he believed the issue of scale was more than just a number. He stated they should be more interested with, when it is all over with, no matter what the size of the building, how does it look, and how does it impact the neighborhood. He truly believed the technology was there, that when a project of this size, with the cost of these homes that could certainly support the added cost to do this type of analysis, we could assure the people who are buying the homes, as well as the people who are going to live with these homes, what they are going to look like. He noted it would give everyone an opportunity to look at this not only from the site, but also from throughout the community, within a reasonable area, such as other parts of Fairhills and Culloden. He stated he truly felt we could achieve a good design, and not have it be achieved through size, but through design, and he believed this technology would assure that. Regarding the issue of the trees and the canopy, Mayor Boro believed we had the answer, noting as someone had stated earlier, we are almost there, it is just a matter of wording. He noted we had also resolved the issue of everything being balanced on the site. Mayor Boro noted it appeared Council could adopt the Resolution certifying the Negative Declaration this evening. However, as far as the next two items, unless the Community Development Director had other wording, it might be well to bring those two items back to Council at a later date, with wording reflecting the will of the Council with respect to the vegetation, the issue of using computer aided design, and with respect to the issue of balance of materials on and off the site. He asked City Attorney Ragghianti for his comments. City Attorney Ragghianti asked if Mayor Boro was asking if staff was directed to return at the next Council meeting with a Resolution, should it be the sense of the Council to approve the project, ought they, tonight, certify the Negative Declaration? Mayor Boro asked if they could certify the Negative Declaration, close the public hearing, and then all they would have before them would be the items that are open. City Attorney Ragghianti stated normally the Negative Declaration is acted upon at the same time as the project, noting he believed that was what CEQA provided. SRCC MINUTES (Regular) 7/20/98 Page 32 SRCC MINUTES (Regular) 7/20/98 Page 33 Therefore, it was his suggestion that Mayor Boro close the public hearing, take the vote, give direction to staff, and bring all of the items back at a another meeting; or, close the public hearing, direct staff to prepare a Resolution, and simply vote on it at the next meeting. Mayor Boro asked if Mr. Ragghianti was stating it would not make sense to certify the Negative Declaration this evening? Mr. Ragghianti stated he did not believe that should be done until Council was prepared to act upon the project itself. Mayor Boro stated he had a sense that the Councilmembers, from the comments they have made, were supporting what was being proposed. However, he believed they wanted to see some of the ideas that had been brought out tonight, not with respect to the Negative Declaration but with respect to the merits of the project, be incorporated into something Council could see, and the public could see, and something so Developers could make sure they understand what they are buying into, and the public could understand what the City is requesting, and we all see it in writing. Community Development Director Brown submitted revisions he believed would satisfy the changes. Regarding the issue of computer modeling for Design Review of future homes, he referred to "handwritten" Page 28, which is actually Page 6 of "Conditions of Approval for the Environmental and Design Review Permit". He called attention to Condition 107, which now states, "Each individual house is required to obtain a Design Review Permit", stating staff would add, "...and shall include submittal of a computer aided photographic modeling analysis, from vantage points in the surrounding neighborhood, to assist in visualization of building impacts". Mr. Brown referred to the issue of the tree canopy in the area outside of the Scenic Easement. Mayor Boro stated, as Councilmember Cohen had pointed out, it was not only the issue of the tree canopy, it was also the visual impact, as one is looking up. Mr. Brown referred to "handwritten" Page 13, "Conditions of the Planned Development District". He stated it had been suggested that Section D-2 be changed, and instead of reading, "Significant trees within this area shall be retained", it would now read, "All trees....". Councilmember Cohen noted this would merely allow for removal of dead or dying trees, asking if the exception for tree removal, Section 2-I.1, was only for the removal of dead or dying trees, and Section 2-I.2 referred only to that area within the building envelopes themselves? Mr. Brown stated that was correct. Ms. Patterson noted the only issue not covered was the removal of trees required by the Vegetation Management, such as the Acacia they do not want to retain. She suggested, rather than the wording, "All trees shall be retained...", the wording should be, "All trees not required to be removed by the Vegetation Management Plan should be retained". Mr. Collette referred to the changes to Section 2-I.1, stating they would like to see that changed to read, "Removal of dead or dying trees in any area of the site shall be permitted only upon the recommendation of a certified arborist.....". Mayor Boro stated there would need to be a further change to Section 2-D, to read, "All trees shall be retained, with the exception of those required for Vegetation Management". Mr. Brown referred to "handwritten" Page 15, Section 2-K.1, "Fill Import", stating this would be changed to read "Soil Import/Export", and this condition would be changed to read, "Import or export of soil is not permitted for the subdivision improvements. Cut and fill required for the subdivision shall be balanced". The wording, "To the maximum extend feasible" would be deleted. Condition K would continue, "Should soil import or export be necessary, the amount of imported/exported material shall be reviewed and approved by the Planning Commission". Section 2-K.2 would be eliminated. Mr. Brown stated the intent was certainly not to have any soil brought onto or off the site, but if it should turn out to be necessary, the Planning Commission would have to grant that approval. Mr. Schwartz felt the last sentence did not seem to be consistent with what had been stated earlier. Mr. Brown stated essentially it was prohibiting it, but it allowed an opportunity for the Planning Commission to modify the Condition, and allow soil import or export, which would require modification at a public hearing. Mr. Schwartz asked how they would be dealing with landscaping soil and top soil for individual houses, discussed in the second sentence? Mayor Boro noted that when Mr. Schwartz originally discussed the issue of top soil for landscaping, he had stated he was not interested in that, he was concerned about the cut and fill. Mayor Boro stated he understood that with the wording Mr. Brown was proposing, they would definitely not move anything on or off the site, as far as cut and fill, or in the event that something comes about that would cause them to SRCC MINUTES (Regular) 7/20/98 Page 33 SRCC MINUTES (Regular) 7/20/98 Page 34 do that, they were going to have to go before the Planning Commission, and have a hearing. Mr. Cohen stated there was an important distinction that had been raised, which might be missed if they eliminated Section 2-K.2. Mr. Cohen explained the prohibition on import or export of soil for the subdivision improvements is different that the import or export of soil for individual houses, and he believed they still wanted to be able to do that. Mr. Brown stated they could further modify Section 2-K.1, having the first sentence read, "Import or export of soil is not permitted for the subdivision improvements, with the exception of imported top soil..". Councilmember Cohen stated the subdivision improvements were going to be distinct from the development of individual houses; therefore, he believed Section 2-K.2 had to be left in. He noted he did not know if it made sense, for the development of each single-family, to require that this come before the Planning Commission. Mr. Schwartz felt Section 2-K.2 was fine the way it was originally written, and Councilmember Cohen agreed, as it was a separate issue. Mr. Collette referred to Page 15, Section 2-J.1, asking if this could be changed at the end, to read, "Design of the residential buildings shall be consistent with the requirements of the Hillside Overlay District, Hillside Design Guidelines and with the Neighborhood 13/14 Neighborhood Plan", as opposed to referring to Appendix C? Mr. Collette stated the reference to scale, as he understood it, was something that was still going to be addressed later on, with the review of the individual designs of the individual houses. He pointed out the scale was not referred to in Appendix C, it appears in the Neighborhood Plan itself, and if only reference Appendix C is included, this element will be lost track of. Mr. Collette stated he understood from the previous comments that it was not the intent to remove the element of scale, but to simply address it at the time the houses are presented for individual review. Ms. Patterson agreed the words, "Appendix C" could be eliminated, because the Neighborhood Plan does contain the Appendix, and referring to the Plan itself would refer to everything. Mr. Collette noted that same correction should be made at Paragraph 2 on Page 13, again taking out the words, "Appendix C". Councilmember Cohen referred once more to the issue of scale, noting staff had expressed it quite well by stating scale was not necessarily something that was measured in terms of square footage, it was an impact that could be mitigated through design criteria. He stated that as long as we had that understanding, he was perfectly willing to have scale be something that will be discussed, but not by opposing every individual house based merely on its size. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution, as presented, certifying the Negative Declaration. a. RESOLUTION NO. 10274 - RESOLUTION CERTIFYING THE NEGATIVE DECLARATION FOR A PLANNED DEVELOPMENT DISTRICT (ZC96-3), TENTATIVE MAP (TS96-1), MASTER USE PERMIT (UP96-16) AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED96-19) FOR SIX SINGLE-FAMILY RESIDENTIAL LOTS (ACADEMY HEIGHTS); END OF TWIN OAKS AVENUE; (APN 10-142-24, 11-051-23, AND 11- 115-29) . AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM THE PLANNED DEVELOPMENT DISTRICT TO THE PLANNED DEVELOPMENT (PD ORDINANCE NO. 1729) DISTRICT (RE: ZC96-3, END OF TWIN OAKS AVENUE, AP NOS. 10-142-24, 11-051-23, AND 11-115-29) (ACADEMY HEIGHTS)". Councilmember Cohen moved and Councilmember Miller seconded, to dispense with the reading of the Ordinance in its entirety, and refer to it by title only, and pass Charter Ordinance 1729 to print, (as amended to include the following changes: 1) Exhibit "A", Item 2 - Remove the words "Appendix of" in reference to the Neighborhood 13/14 Neighborhood Plan; 2) Exhibit "A", Item 2-D2 changed to read, "All trees within this area not required to be removed by the Vegetation Management Plan shall be retained"; 3) Exhibit "A", Item 2-I.1 SRCC MINUTES (Regular) 7/20/98 Page 34 SRCC MINUTES (Regular) 7/20/98 Page 35 changed to read, "Removal of dead or dying trees in any area of the site shall be permitted only upon the recommendation of a Certified Arborist and approval of the Planning Department; 4) Exhibit "A", Item 2-K.1, Title changed to "Soil Import/Export", and condition changed to read, "Import or Export of soil is not permitted for the subdivision improvements. Cut and Fill required for the subdivision shall be balanced. Should soil import or export be necessary, the amount of imported/exported material shall be reviewed and approved by the Planning Commission"; 5) Exhibit "A", Item 2J, to delete reference to Appendix "C". Item to read, "Design of the residential buildings shall be consistent with the requirements of the Hillside Overlay District, Hillside Design Guidelines, and with the Neighborhood 13/14 Neighborhood Plan; 6) Exhibit "A", Item 2, also changed to eliminate reference to Appendix "C". Item to read, "The single-family residential Planned Development shall be developed in conformance with the Hillside Design Guidelines, the Neighborhood 13/14 Neighborhood Plan, and the Development Plans, and associated drawings and reports submitted with the PD as listed in the exhibits and reports sections and the Development Standards set forth below"), by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Cohen moved and Councilmember Miller seconded, to adopt the Resolution approving a tentative Subdivision Map, Master Use Permit, and an Environmental and Design Review Permit for six single- family residential lots, as amended. RESOLUTION NO. 10275 - RESOLUTION APPROVING A TENTATIVE SUBDIVISION MAP (TS96-1), MASTER USE PERMIT (UP96-16), AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED96-19) FOR SIX SINGLE FAMILY RESIDENTIAL LOTS (ACADEMY HEIGHTS) END OF TWIN OAKS AVENUE (AP NOS. 10-142-24; 11-041-23; AND 11-115-29), (As Amended to Include the Following Changes: Additional Wording Added to Condition #107, to read, "Each Individual House Is Required To Obtain a Design Review Permit, and Shall Include Submittal of a Computerized Photographic Modeling Analysis From Vantage Points in the Surrounding Neighborhood to Assist in Visualization of Building Impacts"). AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None NEW BUSINESS: 15. APPOINTMENTS OF MEMBERS OF THE ST. VINCENT'S/SILVEIRA ADVISORY TASK FORCE (CD) - File 9-2-45 x 10-2 x 4-13-103 Mayor Boro reported this issue had been referred to the Marin County Board of Supervisors last Tuesday, at which time they approved the following members for the St. Vincent's/Silveira Advisory Task Force: Marie Gaynor - Murphy, Public Relations, P.G.& E.; Sandy Greenblatt, Commercial Real Estate Broker; Fred Divine, Architect; Stephen Roulac, Management and Real Estate Consultant; Jerry Corda, Rancher; Nona Dennis, Environmental Consultant; Marge Macris, Planning Consultant; Joe Walsh, Publisher; Patsy White, Retired; Judy Binsacca, Attorney; Frank Nelson, Attorney; and Larry Paul, Architect. In addition, two positions are reserved for representatives from of property owners. Councilmember Heller moved and Councilmember Phillips seconded, to accept the recommendation, and approve the appointments of those members to serve on the St. Vincent's/Silveira Advisory Task Force. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 7/20/98 Page 35 SRCC MINUTES (Regular) 7/20/98 Page 36 16. CITY COUNCIL REPORTS: None. There being no further business, the meeting was adjourned at 12:05 PM. CLOSED SESSION: lb. Public Employee Performance Evaluation (Government Code Section 54957) Title: City Manager Mayor Boro announced no reportable action was taken. There being no further business, the Closed Session meeting adjourned at 12:31 AM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1998 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 7/20/98 Page 36