HomeMy WebLinkAboutCC Resolution 12839 (45 Happy Ln.)RESOLUTION 12839
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING
SUBDIVISION (S08-004), ENVIRONMENTAL AND DESIGN REVIEW
PERMIT (ED09-015), AND EXCEPTION (EX09-005) FOR HAPPY LANE
RESIDENTIAL REZONE AND SUBDIVISION (LOT -SPLIT) PROJECT AT 45
HAPPY LANE; APN 010-011-53
WHEREAS, on March 21, 2008, applications were submitted by James and
Barbara Breitmayer to the Community Development Department requesting approval of
a rezoning (ZC08-001), two -lot subdivision (S08-004) and related entitlements (ED09-
015, EX09-005) for a 4.24 acre single-family residential property at 45 Happy Lane; and
WHEREAS, an Initial Study/Mitigated Negative Declaration was prepared and
completed for the proposed project on July 30, 2009 in compliance with the California
Environmental Quality Act (CEQA) and circulated for a minimum 20 -day public review
period on August 3, 2009; and
WHEREAS, on June 2, 2009, the City of San Rafael Design Review Board
reviewed and recommended approval of the project; and
WHEREAS, on August 25, 2009, the San Rafael Planning Commission held a
duly noticed public hearing on the proposed Subdivision, Environmental and Design
Review and Exception requests, accepting all oral and written public testimony and the
written report of the Community Development Department staff; and
WHEREAS, the Planning Commission, by adoption of Resolution No. 09-09
recommended that the City Council approve the project entitlements, with conditions;
and
WHEREAS, the Planning Commission further directed staff to investigate
whether a pedestrian and bicycle trail access easement through the site could be
obtained and supported, as suggested by the Ridge Trail Access Committee, and as a
result of further investigation staff has determined not to recommend an easement at
this location; and
WHEREAS, the City Council, by separate resolution, adopted the Mitigated
Negative Declaration prepared for the project in compliance with the California
Environmental Quality Act (CEQA); and
WHEREAS, the City Council, by separate resolution, rezoned proposed Parcel 1
as indicated on the Happy Lane Tentative Map from R2a-H to R20; and
WHEREAS, the City Council makes the following findings relating to the
Subdivision:
Findings for Subdivision (S08-004)
A. The proposed map is consistent with the San Rafael General Plan and all
applicable policies, including the Sun Valley neighborhood policies, as
documented in the General Plan Consistency table prepared for the 45 Happy
Lane project given that it implements the underlying Hillside Residential general
plan land use designation at the minimum 0.5 unit per acre density range, and
preserves scenic hillside open space areas with new development clustered at
the base of a hill and at a similar scale to adjacent residential development.
B. The design and improvement of the proposed subdivision is consistent with the
San Rafael General Plan, including the Sun Valley neighborhood plan policies,
given that: a) review of the hillside subdivision includes an Environmental and
Design review application which has been reviewed by staff, the Design Review
Board and Planning Commission to assure that it satisfies the hillside subdivision
criteria contained in the Hillside Design Guidelines Manual, Title 15 and Chapter
25 of the Zoning Ordinance; b) the proposed lot has been recommended as
appropriate and sensitive to the hillside setting given that it clusters development
at the base of the hill, includes a building envelope that is suitable for placement
of a new home on the lot and preserves the visible slope from development
through a proposed hillside conservation restriction, proposes low retaining walls
and a new driveway that would follow the natural contour lines; and, c) a
conceptual house plan was reviewed which has demonstrated a reasonably
sized home can be built on the new parcel, as proposed, in a way that would
comply with the R2a-H district regulations without obscuring scenic hillside
resources.
C. The property is physically suitable for the type or density of development that is
proposed given that: a) there is a 0.45 -acre area identified as suitable for
development and that can be accessed from the existing private roadway; b) the
proposed density is at the low end of the allowable density range established by
the Hillside subdivision table 15.07.020B which permits 0.5 to 2 units per acre on
this Hillside Residential site given its 35.7% average slope; c) a level B
subsurface soils investigation was conducted and appropriate foundation,
grading and drainage improvements have been identified that would assure the
site could be developed without causing soils slope stability, drainage or erosion
control issues; and, d) findings have been supported and are included herein for
grant of an exception to the minimum street width and egress requirements.
D. The design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat given that development would preserve 3.08 acres
of the sensitive upland hillside slope and habitat (retaining existing wildlife
corridors and vegetation), would not alter the existing natural drainage swale nor
runoff patterns downslope of the development, and would restore native plants
and vegetation following completion of necessary grading and site work.
E. The design of the subdivision or the type of proposed improvements is not likely
to cause serious health problems given that the level B soils report and drainage
plans have confirmed the site is suitable for residential development, there are
no health hazards or hazardous uses identified on or near the site, and the
limited number of residences on the private road would not create safety
concerns given that traffic does not pass through the site and the project would
allow only one additional single-family residence to be built on the site.
F. The design of the subdivision or the type of proposed improvements will not
conflict with easements, acquired by the public at large, for access through or
use of, property within the proposed subdivision given that there currently are no
public access easements across the property that would be affected.
G. There are special circumstances and conditions of the property proposed for
subdivision that warrant the approval of an exception to section 15.06.050 (f) and
(h) which state single -access streets shall not exceed 350 feet in length and
roadways shall be a minimum of 25 -feet in width. The street has been required
to be extended to approximately 360 -feet in order to provide a Fire Turnaround
at the terminus of the private street. A fire hydrant has been required at the end
of the street, which has been deemed to satisfy the fire safety standards for one
additional house to build out this area. The site is landlocked and could not
provide a second egress. With regard to the existing narrow private street width,
the Fire division has required No Parking Fire Lane signs and painting, the
hammerhead, and fire hydrant to adequately protect the new property and
improve conditions for the existing residences on this street. Widening of the
road is not deemed necessary as the use of the street is limited and there is no
opportunity for pedestrian and vehicle through traffic given that the site is
surrounded by open space and developed residential lots.
H. The exception to road width and secondary egress is necessary for the
preservation and enjoyment of a substantial property right of the subdivider or
property owner given that fully improving the private road and providing a
secondary street for egress would add significant cost for allowing construction
of one new home. Additionally, the secondary egress would likely run through
the yard of the property at 45 Happy Lane and require the home site to be
placed further upslope within a sensitive scenic hillside area. Grant of the
exception would enable the property owner to achieve the minimum desired
density anticipated for the site by the General Plan.
Granting of the exception will not be detrimental to the public welfare or injurious
to other property in the vicinity in which the property is situated given that the Fire
Division has identified the minimum safety improvements that would allow an
additional house to be accessed from the existing private roadway, which include
providing a turnaround area, fire hydrant, signs and striping, and addressing and
minimizing grades of the new driveway access to the house.
all
J. The project will not cause adverse environmental impacts given that a Mitigated
Negative Declaration (MND) has been prepared for the project and reviewed in
compliance with the California Environmental Quality Act (CEQA), which has
resulted in mitigation measures being identified to address potential construction -
related air quality impacts, potential accidental discovery of cultural resources,
geological and soils erosion and structural stability requirements, and payment of
traffic mitigation fees to address project contribution to roads. The project also
addresses safety, drainage and wildlife concerns by avoiding these through
preservation and proposed design solutions incorporated in plans including a
conservation area, drainage detention structures and swales and installation of
vehicle turnaround area and fire hydrant on-site. The Commission has reviewed
and recommended adoption of the MND, and mitigation measures have been
incorporated into the conditions of approval.
WHEREAS, the City Council makes the following findings relating to the
Environmental and Design Review Permit:
Findings for Environmental and Design Review Permit (ED09-015)
A. The project design is in accord with the General Plan, the objectives of the
Zoning Ordinance and the purposes of Chapter 25, as detailed in the Zoning
Compliance and General Plan compliance tables prepared for the 45 Happy
Lane project, and the analysis in the staff report, given that the subdivision
complies with the site design, constraints, access, natural feature and drainage
regulations and criteria and the Hillside Resource Residential Design Guidelines
Manual (i.e., Section IV.A3 Hillside Grading and Drainage; IV.A4 Lot
Configuration, Setbacks and Locations, IV.A5 Street Layout, Driveway and
Parking Design and Section 1V.81 Subdivisions) by placing the new lot in a
comparably sized '/z -acre building envelope that is adjacent to existing
development, accessed from a driveway that connects with the existing private
roadway requiring minimal site disturbance, incorporating grading and drainage
improvements to protect the site from erosion, and preserving the highly visible
upper hillside slope in a natural state as permanent open space.
B. The project design is consistent with all applicable site, architecture and
landscaping design criteria and guidelines for the R2a-H district given that a
conceptual house design was submitted and reviewed by the Design Review
Board on June 2, 2009 and the Board concluded that the conceptual plan
demonstrated that a home could be built on the lot in compliance with the R2a-H
standards.
C. The project design minimizes adverse environmental impacts given that it
minimizes grading by following existing contour lines, disturbing approximately
'/Z -acre of the site and preserving approximately 3.08 acres of scenic hillside as
permanent open space.
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D. The project design will not be detrimental to the public health, safety or welfare,
nor materially injurious to properties or improvements in the vicinity given that the
project has been reviewed and conditioned by all responsible agencies and
departments and a California Environmental Quality Act (CEQA) initial
study/mitigated negative declaration has been prepared which adequately
assesses the site impacts, includes all feasible mitigation measures, which have
been incorporated into the project conditions of approval.
WHEREAS, the City Council makes the following findings relating to the
Exception:
Findings for Exception (EX 09-005)
A. There are special circumstances applicable to the property including the limited
size (81' width whereas 150' is standard for R2a) of the proposed building area,
steep topography of the site, location of the property adjacent to open space that
warrant granting of a minor exception from the strict application of the R2a
setback standards to allow a 10 -foot interior side setback in lieu of 15 -feet in
order to accommodate a house plan that is similar in scale and setback to
adjacent residences. The exception enables the property to develop using
conventional zoning standards and establish appropriate lot sizes that comply
with the Hillside Subdivision tables and General Plan Hillside Residential density.
B. Granting the exception will not be detrimental or injurious to property or
improvements in the vicinity of the development site, or to the public health,
safety or general welfare given that the 5 -foot setback reduction is in keeping
with the adjacent property setbacks and parcel sizes, therefore, would not create
an inadequate setback condition.
NOW THEREFORE BE IT RESOLVED, that the City of San Rafael City Council
approves the project subject to the following conditions:
Subdivision Conditions of Approval (S08-004)
Community Development - Planning Division
1. This Subdivision approval and related Exception EX09-005 shall be valid for two
years from approval or until September 21, 2011, and shall be null and void if a
final parcel map is not filed or a time extension granted prior to the expiration
date.
2. Any state mandated extensions of time granted to tentative map approvals shall
apply to and extend all related project development entitlements.
3. A Final Parcel Map must be processed consistent with the Major Subdivision
procedures of San Rafael Municipal Code Chapter 15.02. The final parcel map
filed for the project shall substantially conform to the approved Tentative Map
prepared by Lee Oberkamper for 45 Happy Lane, except as conditioned herein.
4. The project conditions of approval shall be included on a plan sheet to be
submitted with any plans submitted to the City for building or grading permits, or
subdivision improvements.
5. Pursuant to Mitigation Measure Traf-1, to mitigate cumulative traffic impacts,
prior to issuance of a building permit, the project sponsor shall pay a traffic
mitigation fee for two new peak hour trips, totaling $8,492.00, to the City of San
Rafael pursuant to the City's adopted Traffic Mitigation fee. The fee shall be
adjusted at the time of payment in accordance with the updated fee schedules.
6. Prior to recordation of the final map, Parkland Dedication fees shall be paid for 1
new single-family residence, in the amount of $1,987.98, in accordance with the
provisions of City Ordinance 1558. Adjustments of this figure may be necessary
at the time of fee payment if the fair market value for parkland and associated
improvements is adjusted in accordance with Section 15.38.045 of the
Ordinance.
7. Hours of construction, including deliveries and arrival of workers to the site,
warming -up vehicles and any noise generating activities, shall be limited to occur
between the hours of 8:00 a.m. to 6:00 p.m. Monday through Friday and 9:00
a.m. to 6:00 p.m. on Saturdays. No work shall be permitted on Sundays or City
observed Holidays.
8. A building envelope shall be established for Parcel 2 as indicated on the
tentative map to establish appropriate setbacks for the hillside property, which
shall include a 15 -foot side setback from the west side boundary line and a 10 -
foot side setback from the east -side (interior) boundary line, as recommended by
the Design Review Board and permitted by grant of a setback exception to the
R2a District standards. All other development restrictions of the underlying R2a-
H district remain applicable.
9. All areas of the site outside of the proposed building envelope and road access
easement shall remain in a natural state except for the installation of drainage
improvements as specific in the tentative map. The restriction shall be noted on
the face of the map. All vegetation within the natural state area shall not be
changed except where restoration with the native grasses and removal of
invasive, non-native species is required in accordance with project conditions,
approved landscape plans and Fire management requirements. Fencing in the
natural state area shall be restricted to open view fencing.
10. The developer shall obtain a Pipeline Extension Agreement from the Marin
Municipal Water District (MMWD) prior to recordation of the Final Map. Costs of
extending service to the site shall be borne by the applicant, and shall be
completed as part of the subdivision improvement work. Upon completion and
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acceptance of the facilities by the Water District, the applicant shall be eligible for
water service upon request and fulfillment of the MMWD requirements.
11. Grade of the new driveway shall not exceed 18% slope, unless approved by the
Fire Chief, and in no event should exceed 20%.
12.All proposed drainage detention and utility improvements required for Parcel 2
shall be installed below grade. The future owner shall be responsible for
maintenance of these improvements. This obligation shall be clearly stated on
the face of the map and/or in title documents recorded with the property deed.
13. Proposed retaining walls shall be designed and constructed in an attractive
manner, which blend with exterior building materials of proposed or future homes
on the lot and/or appropriately stepped and finished to blend with the hillside
setting. Where masonry walls are necessary for grading purposes, they shall be
softened with landscaping.
14. Landscape plans shall be submitted to MMWD for review and approval prior to
issuance of construction permits, and shall be designed to adhere to the water
allocation issued for the site.
15. Fencing, retaining wall and driveway details shall be provided with improvement
plans and/or construction drawings which address the design review conditions
of approval for ED09-015 and the hillside design guidelines. An open wire fence
shall be installed to delineate and separate the building envelope from the
protected hillside area as part of the subdivision improvement. The design and
materials of open space fencing shall minimize impacts to the open space
setting and respect the need of small animals to cross the area.
16. Prior to recordation of the Final Map, the existing private driveway maintenance
agreement shall be amended to designate the rights and obligations for Parcel 2.
Furthermore, the private road extension and driveway shall adhere to City design
standards for construction, slope and drainage and shall be maintained in good
repair and condition.
17. Pursuant to Mitigation Measure AQ -1, to mitigate the potential air quality impacts
associated with construction and grading, prior to the issuance of building or
grading permit, the project would be required to employ dust control measures
through the preparation of a Dust Control Plan, which shall be implemented
during all phases of grading and site construction periods when potential dust
emissions are likely to occur. The plan shall be prepared and submitted to the
City of San Rafael, Community Development Department for review and
approval, and shall include the following measures:
a. All active construction areas shall be watered at least twice daily (with
recycled water, if possible).
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b. All inactive construction areas (previously graded areas which are inactive
for ten days or more) shall be hydro seeded or covered with non-toxic soil
stabilizers.
c. Any exposed stockpiles of dirt, sand or gravel shall be enclosed, covered,
and watered twice daily or covered with non-toxic soil binders.
d. Vegetation in disturbed areas shall be replanted as quickly as possible.
e. All trucks hauling soil, sand, and other loose materials shall be covered
and maintain at least two feet of freeboard.
f. Wheel washers shall be installed for all exiting trucks or wash off the tires
or tracks of all trucks and equipment leaving the site.
g. All unpaved access roads, parking areas and staging shall be: 1) paved;
2) watered three times daily, or 3) covered with a non-toxic soil stabilizer.
h. The on-site paved access road, parking areas and staging areas at
construction sites shall be swept daily with water sweepers. Adjacent
public streets shall be swept daily if visible soil material is carried onto
adjacent public streets.
i. Sandbags or other erosion control measures shall be installed to prevent
silt run-off onto public roadways.
j. Windbreaks shall be installed, where necessary, at the windward side of
the construction areas.
k. Excavation and grading activity shall be suspended when wind gusts
exceed 25 miles per hour.
I. These requirements shall be noted on the final grading plans prepared for
the project or on a separate construction logistics plan submitted for
review and approval by the Community Development Department prior to
issuance of permits; and
m. The project proponent shall inform the contractor, general contractor or
site supervisor of these requirements and shall be responsible for
informing subcontractors of these requirements and for implementing
these measures on the site.
18. Pursuant to Mitigation Measure CRA, in the event of the accidental discovery or
recognition of any human remains uncovered during site construction, including
site grading and excavation the following steps shall be taken:
a. There shall be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent human remains
until:
i. The coroner of the county in which the remains are discovered
must be contacted to determine that no investigation of the cause
of death is required, and
ii. If the coroner determines the remains to be Native American:
b. The coroner shall contact the Native American Heritage Commission
within 24 hours.
c. The Native American Heritage Commission shall identify the person or
persons it believes to be the most likely descended from the deceased
Native American.
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d. The most likely descendent may make recommendations to the
landowner or the person responsible for the excavation work, for means of
treating or disposing of, with appropriate dignity, the human remains and
any associated grave goods as provided in Public Resources Code
Section 5097.98, or
19. Pursuant to Mitigation Measure CR -1, where the following conditions occur, the
landowner or his authorized representative shall rebury the Native American
human remains and associated grave goods with appropriate dignity on the
property in a location not subject to further subsurface disturbance.
a. The Native American Heritage Commission is unable to identify a most
likely descendent or the most likely descendent failed to make a
recommendation within 24 hours after being notified by the commission.
b. The descendant identified fails to make a recommendation; or
c. The landowner or his authorized representative rejects the
recommendation of the descendant, and the mediation by the Native
American Heritage Commission fails to provide measures acceptable to
the landowner.
20. Pursuant to Mitigation Measure CR -1, immediate evaluation of a discovery of
historical or archaeological remains (e.g., artifacts, evidence of historic or pre-
historic human activity, or human remains) shall be conducted by a qualified
archaeologist. If the find is determined to be an historical or unique
archaeological resource, work shall not resume in the area until the qualified
archeologist has documented the discovery and made recommendations to the
developer and City on implementation of additional avoidance measures or other
appropriate steps to be taken in compliance with CEQA. The developer shall be
responsible for the additional work required to investigate and mitigate the
discovery in compliance with CEQA. Work could continue on other parts of the
building site while historical or unique archaeological resource mitigation takes
place.
21.A separate Environmental and Design Review permit approval shall be obtained
for construction of a new residence on Parcel 2, which is a hillside lot with slope
in excess of 25% slope, and is subject to Hillside Design Review. Plans
submitted for conceptual review with the subdivision application are not
approved for development.
22. This project is subject to the City's Green Building Ordinance including the wood
burning fireplace regulations. The project shall comply with the regulations for
residential projects set forth in the City of San Rafael Green Building Program
(Section 14.16.275 of the San Rafael Municipal Code). As required by the San
Rafael Municipal Code, residential projects shall achieve at least 60 points on
the Green Points rating system.
a. Prior to issuance of the building permit, the applicant shall have a certified
Green Points Rater complete and sign a Green Building Compliance Form
and the applicable Green Building rating form. This form shall be
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completed and submitted to the Community Development Department -
Building and Fire Prevention Division. Submitted building permit plans
shall identify in the general notes and/or individual detail drawings the
proposed Green Building Measures.
b. Prior to final inspection of the project, the applicant shall have a certified
Green Points Rater complete and sign a Green Building Compliance Form
(the as -built conformance section) and the applicable Green Building
rating form. This form shall be completed and submitted to the Community
Development Department - Building and Fire Prevention Division prior to
final inspection.
Community Development - Building and Fire Division
23. No building permit shall be issued until the Parcel Map has been recorded and
required improvements have been completed or appropriate security obtained to
the satisfaction of all departments and agencies (i.e., Building, Fire, Planning,
Public Works, San Rafael Sanitation District and MMWD) .
24. The developer shall apply for a new site address for Parcel 2 from the
Department of Public Works. Site addressing shall be approved by Building and
Public Works prior to recordation of the Final Map. The new address shall be
sequential and logical, following the existing street numbering pattern.
25. Address markers shall be provided during construction as required by the
Building and Fire Division to assure that emergency personnel are able to
identify the site.
26. The applicant shall pay all applicable school impact fees prior to issuance of
building permits (currently $2.05 per square foot of living area). Contact San
Rafael City Schools for calculation and payment of fees.
27. Building permits shall be obtained for onsite improvements for the private road,
including retaining walls, street lights, and private sewer systems.
28. Prior to any grading work and/or issuance of permits, a soils report shall be
submitted to Building and Public Works addressing export, import and
placement, and compaction of soils at future building pad locations based on
assumed foundation design.
29.A grading permit may be required and geotechnical and civil pad certifications
are to be submitted prior to building permit issuance for construction.
30. To assure health and safety impacts do not result, a new hydrant shall be
installed at the terminus to the easement road at the entrance to Parcel 2 and
adjacent to 69 Happy Lane, orienting the hydrant outlets toward the center of the
radius at the "Fire Department Turnaround." Its specific location may be
coordinated with the Fire Division, in accordance to the 2007 CFC sections 508.3
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and 508.5, appdx B105.1 and C103. This shall be included on project
improvement plans submitted with the Parcel Map.
a. The new hydrant body shall be the Clow 950 for residential area, with
single 4-1/2" and single 2-1/2" outlets.
b. Before acceptance by the San Rafael Fire Department, the hydrant must
be painted to the following standards:
BENJAMIN MOORE
PROFESSIONAL COATINGS
SUPER SPEC
RUST PREVENTATIVE COATING
URETHANE ALKYD GLOSS ENAMEL
SAFETY YELLOW Z22 15
31. Portions of the paved access easement road are less than the minimum required
20 -feet. The Fire Chief will permit the existing easement road smaller than the
minimum 20 -foot road width provided it shall have installed Fire Lanes
designated with painted red curbing with contrasting white lettering stating "No
Parking Fire Lane." At the terminus of the cul de sac and entrance to the
easement road a "No Parking Fire Lane" sign shall be installed in accordance
with the City of San Rafael Standard #204. This shall be included on project
improvement plans submitted with the Parcel Map.
32. Fire Chief approval shall be required if driveway slope exceeds 18%.
33.A knox box keyed entry system is required for any gated entry.
34. Pursuant to Mitigation Measure Geo -1, grading plans and site work shall
implement the following measures to mitigate potential soils erosion:
a. Construction shall be limited to the "dry" season (April 15 - October 15).
b. Disturbed slopes shall be re -vegetated.
35. Pursuant to Mitigation Measure Geo -2, the following measures shall be
implemented to mitigate expansive soils impacts:
a. Plastic soils shall be removed and replaced with deeper, more granular
materials to be retained as fill.
b. When nearing completion of the final improvement plans, the geotechnical
engineer shall review the grading plans and specifications for site
development and foundation design to confirm the intent of these
recommendations have been incorporated, and to provide supplemental
recommendations if needed.
36. Pursuant to Mitigation Measure Geo -1, during construction, the geotechnical
engineers shall inspect site preparation and foundation excavation to verify
subgrade preparation, proper moisture conditioning of soils, fill and placement
and compaction, and pavement subgrade preparation and placement and
compaction of base rock materials.
37.A Vegetation Management Plan (VMP) shall be required to be submitted prior to
construction of a residence on the proposed Parcel 2 depicting before and after
vegetation conditions. Conditions will at the minimum meet the vegetation
management standards found in Section 4.12.030 of the City's Wildland Urban
Interface (WUI) regulations (Ordinance 1856).
38. Construction features and components of new structures on Parcel 2 will at the
minimum meet the requirements of the California Building Code for new
construction of structures within the WUI.
Public Works Division
39. The developer's Civil Engineer must prepare the Final Parcel Map pursuant to
procedures for Major Subdivision (Chapter 15.02) and submit 3 sets directly to
the Department of Public Works for review. A copy of the Final Parcel Map and
Improvement Plans shall be transmittal to the Planning Division and Building and
Fire Division for review prior to being scheduled for action by the City Council.
40. Grading and Improvement Plans shall be submitted to the Planning Division and
Department of Public Works prior to recordation of a final parcel map for the
project, subject to the following requirements:
a. Peer review of the Level B geotechnical investigation prepared for the
minor subdivision may be required prior to issuance of permits, to confirm
final design details.
b. Grading plan check and inspection fees will be required based on the
earthwork quantities.
c. DPW shall notify the Planning and Building Division when the Parcel Map
has been recorded.
d. The applicant shall be responsible for fees and costs associated with
review and recordation of the Parcel Map, including the County Recorders
fees.
e. The developer's engineer shall submit a detailed drainage plan to DPW
for review showing the proposed drainage system including layout,
dimensions and details, construction details for detention box, outlet
dissipater and detention pipe, SWPPP and MCSTOPP details.
f. A recent Preliminary Title Report less than 6 months old will be required.
Environmental and Design Review Conditions of Approval (ED09-015)
1. This design review approval is granted for the proposed hillside subdivision
design consisting of the building envelope, conceptual house design, access and
retaining walls as indicated on approved plans submitted for Happy Lane
Rezone and Lot Split Project by Lee Oberkamper Engineers and Chris Craiker
Architects, except as modified by all conditions of approval.
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2. Formal design review (ED) approval of a new residence on Parcel 2 shall require
filing of a separate ED permit application, and is subject to compliance with the
Subdivision S08-004 and EX09-005 approvals, and R2a-H district standards.
3. Details for fencing, driveway and retaining walls and other improvements
required for development of the site, including any incomplete subdivision
approval (S08-004) conditions, shall be addressed and included with plans
submitted for final design review for construction of a residence on the property.
4. Suitable all-weather driveway improvements shall be constructed before house
foundation and framing work, to provide parking and staging area for
construction of the house.
5. Development within the building envelope shall be permitted, with the house
located south of the proposed driveway entry and the area within the building
envelope upslope of the access driveway limited to landscape planting designed
to enhance the appearance of the site and soften the walls. The natural state
requirement has been addressed through the private open space restriction.
6. Exterior fencing along the west boundary and within the conservation easement
area shall be restricted to open wire fencing. An open wire fence shall be
installed to delineate and separate the area of the building envelope from the
private open space area.
7. Parking pullouts shall be incorporated into the design of the new driveway
access.
8. This approval shall be valid for two years from approval or until September 21,
2011, which shall run concurrently with the Subdivision S08-004 approval, and
shall be null and void if a final map is not filed and recorded or a time extension
granted.
I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council of the City of San Rafael, held on Monday, the 21St of September, 2009, by
the following vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
A'�a— c-_ AcyiPK* .
Esther C. Beirne, City Clerk