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HomeMy WebLinkAboutCC Resolution 11610 (411 Margarita Dr. Home Construction)RESOLUTION NO. 11610 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED03-122) AND USE PERMIT (UP04-006) TO ALLOW THE CONSTRUCTION OF A NEW 49822-SQUARE-FOOT9 SINGLE-FAMILY HOME WITH A 999-SQUARE-FOOT9 DETACHED SECOND DWELLING UNIT AND ASSOCIATED SITE IMPROVEMENTS ON THE VACANT LOT WEST OF 411 MARGARITA DRIVE (APNS 015-241-01 AND 14). THE CITY COUNCIL OF THE CITY OF SAN RAFAEL FINDS AND DETERMINES: WHEREAS, on November 13, 2003, applications for a Prezoning (ZC03-006) and Environmental and Design Review Permit (ED03-122) were submitted to the Community Development Department to allow the construction of a new single-family residential structure, a detached second unit and associated site improvements, parking and landscaping on a 1.01 -acre site located west of 411 Margarita Drive; and WHEREAS, on March 10, 2004, an application for a Use Permit (UP04-013) was submitted to the Community Development Department to allow the construction of a second dwelling unit larger than 800 square feet and site grading in excess of 50 cubic yards on the subject property and on March 10, 2004, all applications were deemed complete for processing; and WHEREAS, in October of 2000, a Conditional Certificate of Compliance was issued establishing that the two Assessor's Parcels Numbers associated with the subject property are considered one legal lot and this lot was lawfully created by a grant deed in 1952. The Certificate of Compliance was issued conditionally, requiring that prior to development of the parcel, the unincorporated portion of the property be annexed into the City of San Rafael as well as the San Rafael Sanitation District; and WHEREAS, by adoption of a separate resolution, the Planning Commission has recommended to the City Council adoption of a Prezoning request (ZC03-006) for a portion of the subject property to establish an appropriate zoning designation and allow annexation into the City of San Rafael; and WHEREAS, the project would be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15319 (Annexation of Lots for Exempt Facilites) and 15303 (New Construction) of the CEQA Guidelines which exempt annexations of individual parcels of the minimum size for development of structures that are also exempted by Section 15303. Section 15303 exempts up to three single-family dwellings in urbanized areas. Project specific studies submitted with the application document that there would be no impact to cultural resources, drainage, or geotechincal slope stability. Furthermore, the project would be 1 tunRUGHINAL consistent with the General Plan and Zoning Ordinance and standard conditions of approval are recommended to mitigate any potential impacts to air quality, noise, drainage, and traffic; and WHEREAS, on March 16, 2004, the Design Review Board reviewed the design of the new single-family home and second dwelling unit and recommended approval of the proposed design to the Planning Commission; and WHEREAS, on May 11, 2004, the San Rafael Planning Commission held a duly -noticed public hearing on the proposed Environmental and Design Review Permit and Use Permit, accepting all oral and written public testimony and the written report of the Community Development Department staff and voted 7-0 to continue the application to date uncertain in order to allow the applicant to address the Commission's recommendations and allow staff to clarify some questions; and WHEREAS, on June 29, 2004, the City of San Rafael Planning Commission held a duly - noticed public hearing on the proposed Prezoning, accepting all oral and written public testimony and the written report of the Community Development Department staff; and WHEREAS, by adoption of a Resolution No. 04-17 by a vote of 4-1-2 (with Chair Alden dissenting and Commissioner's Achtison and Lang absent), the Planning Commission recommended approval of a application for Prezoning the site to Single -Family Residential — Hillside Overlay (Rla-H) District; and WHEREAS, by adoption of a Resolution No. 04-18 by a vote of 5-0-2 (with Commissioner's Achtison and Lang absent), the Planning Commission recommended approval of the applications for an Environmental and Design Review Permit and Use Permit to allow the development of a single-family home, detached second dwelling unit, and assocaited site improvements on the vacant site; and WHEREAS, on July 19, 2004, the San Rafael City Council held a duly -noticed public hearing on the proposed project, accepting all oral and written public testimony, the recommendation of the Design Review Board and Planning Commission, and the written report of the Community Development Department staff; and WHEREAS, by adoption of a separate ordinance, the City Council approved a Prezoning to Single -Family Residential — Hillside Overlay (Rla-H) District for the southern 0.48 -acre portion of the property, which establishes the appropriate development regulations rates for the proposed project; and WHEREAS, the City Council makes the following findings related to the Environmental and Design Review Permit and Use Permit for the single-family residence and detached second dwelling unit and associated site improvements on the vacant lot west of 411 Margarita Drive based on the following findings: 2 Environmental and Design Review Permit Findings (ED03-122) 1. The project design is in accord with the San Rafael General Plan 2000, the objectives of the City of San Rafael Zoning Ordinance, and the purposes of Chapter 25 in that: a) the project is consistent with the Gerneal Plan as indicated below in Use Permit Finding #1; b) the project proposes site landscaping, parking and architectural designs appropriate for the hillside setting; c) findings have been made below which, together with the Hillside Guidelines, implement General Plan Design Policies LU -19 through LU -36; d) the Hillside Overlay District Ridgeline Development Criteria contained in Zoning Ordinance Section 14.12.030 have been implemented as further discussed under the additional findings for Environmental and Design Review Permit approval below; and e) the project is consistent with the following General Plan Policies: • Land Use Element Policies - The proposed project would be consistent with Land Use Policies: LU -1 (Timing of Development), LU -3 (Sphere of Influence); LU -4 (Urban Service Area), LU -5 (Annexation), LU -9b (Hillside Residential Land Use Category), LU - 10 (Density of Residential Development), LU -19 (Design Approach), LU -20 (Overall City Character), LU -21 (Building Heights), LU -22 (Bay and Hillside Views), LU -29 (Tree Preservation), LU -32 (Water Conservation), LU -34 (Residential Site Design), LU - 35 (Project Design Considerations), LU -36 (Additional Community Design Map Considerations), LU -51 (Water and Sewer Facilities) in that: a) the proposed single- family residence and second dwelling unit would be consistent with the Hillside Residential Land use category; b) the new development would be with the allowable density range of 0.5-2.0 units per acre; c) the proposed area of annexation is within the City Sphere of Influence and Urban Services Boundary; d) the northern half of the site is already within the City of San Rafael boundary and the proposed annexation of the southern half of the lot make the entire property within one jurisdiction; e) the site is identified as being within a visually significant landform area on General Plan Community Design Map A; f) the project has been reviewed for conformance with the City of San Rafael Hillside Design Guidelines and Chapter 25 of the Zoning Ordinance, which implements the applicable General Plan policies for hillside development and the General Plan Design Policies LU -19 through LU -36. The project was reviewed by the Design Review Board (DRB) on March 16, 2004 for conformance with the General Plan design policies and the Hillside Design Guidelines, and was recommended for approval. The project also complies with the 30 -foot residential building height limit established in the General Plan for residential development. • Circulation Element Policies - The proposed project would be consistent with Circulation Policies C-1 (Level of Service), C-2 (Level of Service Mid -Point D), and C-18 (Area Transportation Improvements) in that: a) the project is within the development limits anticipated and studied for the site and area in the San Rafael General Plan; b) the City's Traffic Engineer has reviewed the project and concluded that development of the site would not cause level of service standards to exceed the citywide Level of Service Midpoint D standard; and c) the development would pay traffic mitigation fees in the amount of $1,050.00 per P.M. peak hour trip to contribute its fair share toward traffic improvements required in the downtown and environs area 3 • Housing Polices -The proposed project is consistent with Housing Policies H-15 (Future Development), H-28 (Second Units) and H-35 (Rental Housing) in that the project is planned based on public facility and services capacity and a second unit is proposed as part of this development and would provide additional rental housing. • Natural Environment Element Policies - Consistent with Natural Environment Policies N- 3 (Conservation Areas), N-12 (Water Quality), N-13 (Protection of Environmental Resources) and N-19 (Threatened and Endangered Species) the project would be consistent with this Element given that: a) the site is not identified as potential open space land for purchase or protection; b) is surrounded by residentially developed property on three of its four borders; c) a majority of the site would remain as undisturbed, hillside; d) the project is conditioned to comply with the State Regional Water Quality Control Board (RWQCB) requirements to address erosion and water quality impacts from construction; and e) project specific studies have been completed which found no cultural or sensitive biotic resources on the site, and development has been sited to minimize grading and tree removal. • Health and Safetv Element Policies — Consistent with Policies S-4 (Geotechnical Review), S-5 (Soils and Geologic Review), S-6 (Minimize Geological Hazards) and S-11 (Seismic Safety of New Buildings), S-21 (Fire Safety of New Development), S-23 (Safety Review of New Development), and S-24 (Access for Emergency Vehicles): a) geotechnical review has been completed for the project and reviewed to the satisfaction of the City Engineer; b) the site is not subject to flooding and an erosion control plan would be required to be submitted with building permit application; c) the project is not in an area subject to undue noise levels, and construction related noise impacts would be addressed by conditions limiting the hours and days of work and no major noise generating activities are proposed or required for this project; d) emergency vehicles would be able to easily access the site from either Highland Avenue and Margarita Drive; e) based on the length of the roadway and the number of homes serviced by that roadway, a hammerhead at the center of the parcel has been provided; f) adequate infrastructure is in place to serve the development, with on-site storm water detention facilities for the lot; g) City Departments and agencies responsible for providing services to the site have reviewed the project and provided their comments, which have been incorporated into the project and/or recommended as conditions of approval; and h) the new buildings would be built in accordance with the latest building and fire codes. • Noise Policies - The proposed residential use is located is a use that is acceptable per the noise land use compatibility chart (N-1 Land Use Compatibility Standards and N-2 New Construction). • Residential Neighborhoods Policies - The development is harmonious with the surrounding neighborhood and density and in compliance with Policies RES -1 Development in Residential Neighborhoods) and RES -3 (Consistency with Prevailing densities in Developed Single Family Neighborhoods) given that the size, placement, and design of the proposed structures are in keeping with the surrounding single-family residential structures. rd 2. The exception to the Hillside Overlay (-H) District standard, under Zoning Ordinance Section 14.12.030 E., to permit development within 100 vertical feet of a Visually Significant Ridgeline (defined by General Plan Community Design Map A) is warranted based on the following facts: a. There are no site development alternatives that would avoid development of one single-family home on the property within 100 vertical feet of the visually significant San Pedro Ridgeline given that the entire site is located within 100 vertical feet of this ridgeline and any development on the site would be within 100 vertical feet of the ridgeline. b. The density of the development has been reduced to the minimum density allowed by the General Plan land use designation density range given that: a) the projet would not result in a new subdivision; b) one single-family home and second dwelling unit are proposed on the vacant legal parcel; c) the development of the single-family home and second dwelling unit is the minimum density allowed by the Zoning District; and d) the intenisty of development is reasonable given the developed character and density of the surrounding neighborhood. c. Given that the lot is a legal lot of record, a reasonable economic use of the property is granted through development of the property with a single-family home and a detached second unit, and conditions of project approval are recommended which preclude further subdivision of the parcels. d. The development, as proposed and conditioned, would not result in significant adverse visual impacts of the development as viewed from all public viewing areas given that: a) the proposed building pad is located in the most level area of the site, would be screened by existing vegetation, and would require the least amount of disturbance to the site; b) the buildings would not encroach into the ridgeline silhouette given that the higher topography behind this site provides a backdrop; c) the prominent ridgeline, existing hillside and vegetation to the rear of this site would be preserved as a backdrop for development with appropriate ridgeline setbacks provided; d) a significant portion of the lot would not be developed, thus preserving an existing feature in the neighborhood; e) the residential structure built on the proposed building pad would achieve the building wall height and stepback provisions of the Hillside Overlay Ordinance; f) additional landscaping has been provided to minimize visual impacts from the adjacent roadways and public vantage points; h) the location of the building pad would follow the predominant siting of other existing residential structures to the west and east of the site on Margarita Drive and Deer Park Road; i) the design criteria established for development within Highly Visible Ridgeline Areas, contained in Section IV.C1.2 of the Hillside Residential Design Guidelines Manual is satisfied as discussed under Finding #3 below; and h) the project was reviewed and recommended for approval by the Design Review Board. 5 3. The project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the Single -Family Residential— Hillside Overlay (Rla-H) District in which the site is located in that: a) a Prezoning of the southern portion of the site to RI a -H District has been proposed to make the zoning of this portion of the lot consistent with that of the northern portion of the lot; b) the project has been reviewed by the Design Review Board to ensure the project appropriately considered its hillside setting consistent with the Hillside Design Guidelines Manual and Zoning Ordinance Chapter 25 — Design Review Criteria and was recommended for approval by the Board; c) the project complies with the Hillside Overlay (-H) Zoning District standards and appropriate findings have been made thus implementing the design standards criteria for hillside development; d) the site planning takes advantage of the existing site features for appropriate screening and preservation consistent with the Hillside Design Guidelines Manual Section IV.A4. Furthermore, the Hillside Design Guidelines Manual Section IV.C1.2 criteria for development in Highly Visible Ridgeline Areas have been met as follows: a) the design of the new home and the second dwelling unit have been subject to Environmental and Design Review Permit approval and the Design Review Board has determined that the structure would not detrimentally impact a highly visible ridgeline, for the reasons discussed herein and under Finding #2.d, above; b) approval of an exception to permit development within 100 feet of a ridgeline is appropriate for the hillside location and neighborhood character, as it will not result in silhouetting of buildings above a prominent ridgeline as viewed from public areas; c) design of building sites would be sensitive to the natural terrain, with visual impacts of grading minimized; d) the prominent ridgeline, existing hillside and vegetation would be preserved as a backdrop for development with appropriate ridgeline setbacks provided; e) new roads are not proposed and the existing driveway would be utilized; and f) while multi -story homes are generally not considered appropriate for ridgeline settings, the proposed home and second unit are designed to limit wall heights to a maximum of 20 feet, as required by the H Overaly District and the Hillside Design Guidelines, with roof forms and building colors that are considered appropriate for the hillside setting. 4. The proposed project design minimizes adverse environmental impacts by: a) minimizing site grading and tree removal; b) providing driveway access which meets the City's design standards for maximum 18% slope and minimum width of 10 feet; c) providing at least two guest parking spaces for each unit which considers the fact that on -street parking in the surrounding area is substandard; and d) proposes architecture, colors and materials, and landscaping improvements that are appropriate for the hillside setting. 5. 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: a) the project satisfies the applicable Zoning Ordinance standards; b) meets Finding #3 above; and c) has been reviewed by the Design Review Board resulting in a recommendation for approval. Use Permit Findings (UP04-013) 1. The proposed project is in accord with the San Rafael General Plan 2000, the objectives of the Zoning Ordinance, and the purposes of the Single -Family Residential — Hillside Overlay (RI a -H) District adopted for the site in that: a) a Prezoning application has been concurrently C submitted to establish an appropriate zoning designation on the southern portion of the site and thereby consistent with the Rla-H District regulations existing on the northern portion of the site; b) with the Prezoning action, second dwelling units are conditionally permitted uses in the Rl a -H District; c) the proposed second dwelling unit is consistent with the performance standards contained in Section 14.16.285 of the Zoning Ordinance; d) the proposal also includes review of an Environmental and Design Review Permit application for the design of the second dwelling unit located in the hillside area and findings have been made as identified above; and e) the project is consistent with the applicable Policies of the General Plan 2000 as indicated in Environmental and Desgin Review Permit Finding #1 above. 2. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City given that the in -fill project has been reviewed by the appropriate City departments and local agencies which would serve the use, their conditions have been incorporated into the project design or conditions of project approval, and the project proposes development that is consistent with the City's design standards. 3. The project complies with each of the applicable provisions of the San Rafael Zoning Ordinance, including Chapter 2 (Applicability), Chapter 4 (Single -Family Residential District standards), Chapter 12 (Hillside Overlay District standards), Chapter 16 (Site and Use Regulations), Chapter 18 (Parking Regulations), Chapter 25 (Design Review Permits), and Chapter 27 (Amendments) given that the proposed second unit: a) is a conditionally permitted use in the R1 -a -H District; b) has been reviewed by appropriate City departments; c) was reviewed by the Planning Commission at a duly -noticed public hearing; d) would provide the required parking for a two-bedroom second dwelling unit; and e) would be consistent with the standards established in the Zoning Ordinance for second units. NOW THEREFORE BE IT RESOLVED, that the City Council does hereby approve the applications for an Environmental and Design Review Permit and Use Permit to allow development of a new single-family residence and detached second dwelling unit and associated site improvements for the vacant lot west of 411 Margarita Drive, subject to the following the conditions of approval: Environmental and Design Review Permit Conditions of Approval (ED03-122) General Project Conditions Planning Division 1. This Environmental and Design Review Permit approves the design of a two-story, single- family residential structure, a detached second dwelling unit, and associated site improvements. The building techniques, materials, elevations, and appearance of this project as presented for approval as shown on Sheets 1 to 10, prepared by Alfred Morrissette Architecture dated approved May 11, 2004, by the Planning Commission, shall be the same as required for the issuance of a building permit, except as modified by these conditions of 7 approval. Minor modifications or revisions to the project shall be subject to review and approval of the Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the original decision making body. 2. This Environmental and Design Review Permit approval shall be valid for a period of two (2) years, or until July 19, 2006, and shall be null and void unless a building permit has been issued or a time extension has been granted. 3. This Environmental and Design Review Permit (ED03-122) approves a new single-family residence, detached second unit and associated site improvements shall run concurrently with the approved Use Permit (UP04-013). If the Use Permit expires, this Environmental and Design Review Permit shall also expire and become invalid. 4. Any work in the public right-of-way shall require an encroachment permit. 5. Due to the ridgeline location of the subject site, no further subdivision of this parcel shall be permitted. Fire Department 6. An on-site hammerhead for turnaround purposes shall be provided on-site. Parking shall not be allowed in the hammerhead and the hammerhead shall remain free and clear of obstacles at all times. An alternate option to the hammerhead may be allowed if determined to be consistent with the Fire Code. Any alternate method shall be subject to review and approval of the Fire Department. Marin Municipal Water District 7. The applicant shall complete a high-pressure water service application, submit a copy of the building permit/use permit and pay appropriate water connection fees. 8. The structure's foundation shall be completed within 120 days of the date of application for water service. 9. The applicant shall comply with the District's rules and regulations in effect at the time service is requested. 10. All landscape and irrigation plans shall be designed in accordance with District Ordinance #385. Prior to providing water service for new landscape areas, or improved or modified landscape areas, the District shall review and approve the project's working drawings for planting and irrigation systems. Any questions regarding the District's current water conservation and landscape Ordinance should be directed to Charlene Burgi at (415) 945- 1525. S Conditions Required to be Satisfied Prior to Issuance of a Building Permit Planninfz Division 11. The southern 0.48 -acre portion of the property shall be annexed by the Local Agency Formation Commission (LAFCO) prior to the development of the site. 12. Prior to the issuance of the building permit, a Construction Management Plan shall be submitted and approved by the Planning Division and appropriate City departments. The Construction Management Plan shall include provisions for allowable sizes of construction vehicles, location of on-site storage and staging areas, procedures for road closures, including the private driveway, parking areas for construction employees, haul routes, designated routes for delivery of construction equipment and materials, hours of operation, and contact information for construction crew, owner and on-site construction supervisor. Once approved, the construction management plan shall be indicated on the building permit plans, distributed to adjacent property owners, and implemented during all phases of construction. 13. All mechanical equipment such as air conditioning units, meters and transformers, and appurtenances not entirely enclosed within the structure (on the side of a building or on the roof) shall be screened from public view. The method used to accomplish the screening shall be indicated on the plans submitted for a building permit subject to review and approval of the Planning Division. 14. A traffic mitigation fee of $1,050.00 shall be paid for each P.M. peak hour trip generated by the project. Total fees paid for the proposed new single-family residence and second unit shall be $1,942.50, adjusted according to the Lee Saylor Construction Index to take into account changes in construction costs. This fee amount is based on a fee of $1,050.00 times 1.85 P.M. peak hour trips in January 2004 dollars. 15. The final parking/driveway plan, final landscaping plan and arborist report shall be subject to the review and approval of the Design Review Board. San Rafael Sanitation District 16. Prior to issuance of a building permit, the applicant shall pay the appropriate sewer connection fees ($3,190.00 based on $1,595.00 per living unit) to the San Rafael Sanitation District Building Division 17. An engineered site plan showing all existing and proposed site conditions shall be submitted with the application for a building permit. 18. A level"B" soils report shall be submitted with the application for a building permit. 19. The project soils engineer shall review and approve the project plans, including grading, drainage, and foundation plans, for conformance with the requirements of the project soils report. 9 20. An erosion control plan shall be submitted for review and approval of the City Engineer. The erosion control plan shall show methods of controlling erosion and siltation during and after grading. The erosion control plan shall be consistent with "Best Management Practices" and conform to the requirements of the Regional Water Quality Control Board. 21. The improvement plans shall show all existing and proposed drainage, utilities, and sanitary sewer facilities. All existing facilities which would be located beneath the proposed structures shall be relocated. Engineered improvement plans shall be submitted showing any necessary relocation of existing facilities. 22. All utilities shall be underground. 23. Prior to issuance of a building permit, proof of allocation from the San Rafael Sanitation District shall be submitted. Public Works 24. The project shall employ best management practices (BMPs) during site construction and grading. A standard BMP sheet shall be attached to construction plans submitted for building permit. 25. The applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP). 26. An erosion control plan shall be submitted with the application for a building permit. The erosion control plan shall be based on the BMPs of the Regional Water Quality Control Board. The erosion control plan shall show methods for controlling erosion both during and after construction. Fire Department 27. Based on Uniform Building Code or Fire Code requirements, an automatic residential fire sprinkler system shall be installed throughout conforming to NFPA Standard 13D as modified by the Fire Marshal. 28. A permit application shall be submitted to the Fire Prevention Bureau with two sets of plans for review prior to installation of all automatic and fixed fire extinguishing and detection systems. Specification sheets for each type of device shall also be submitted for review. 29. Due to the wildland fire interface area, fire retardant roof covering shall be required with a minimum Class "A" listing. 30. UL/SFM smoke detectors and openable bedroom windows shall be installed, conforming to the Uniform Building Code. 31. A minimum of 30 -foot wide break (brush clearing) shall be maintained around the structure. 10 Conditions Required to be Satisfied During Construction/Grading Planning Division 32. In the event that archaeological features, such as concentrations of artifacts or culturally modified soil deposits including trash pits older than fifty years of age, are discovered at any time during grading, scraping, or excavation within the property, all work shall be halted in the vicinity of the find, the Planning Division shall be notified, and a qualified archaeologist shall be contacted immediately to make an evaluation. If warranted by the concentration of artifacts or soils deposits, further work in the discovery area shall be monitored by an archaeologist. 33. If human remains are encountered during grading and construction, all work shall stop in the immediate vicinity of the discovered remains and the County Coroner and a qualified archaeologist shall be notified immediately so that an evaluation can be performed. If the remains are deemed to be Native American and prehistoric, the Coroner shall contact the Native American Heritage Commission so that a "Most Likely Descendant" can be designated. 34. Construction hours shall be limited to 8 a.m. - 5 p.m., Monday through Friday. Construction shall not be permitted on Saturday, Sunday or City -observed holidays. Construction activities shall include delivery of materials, start up of construction equipment engines, arrival of construction workers, playing of radios and other noises caused by equipment and/or construction workers arriving at or on the site. Conditions Required to be Satisfied Prior to Building Occupancy Plannine Division 35. All landscaping as identified on the landscape plans and amended through these conditions of approval, shall be installed or the applicant shall post a bond in the amount of the estimated landscaping cost with the City of San Rafael. In the event that a bond is posted, all areas proposed for landscaping must be covered with bark or a substitute material approved by the Planning Division. 36. Any invasive exotic plants such as gorse and broom shall be removed from the site prior to occupancy of the buildings. 37. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. The applicant shall provide a two-year maintenance contract for landscaping or post a two-year maintenance bond to ensure landscaping conditions are met and plantings have established. The maintenance contract shall address removal of exotic plants. 38. Lighting provided to illuminate any parking facility shall be designed to reflect away from residential uses. 39. Building and site lighting shall be shielded downward and shall not produce undue glare off- site. After issuance of a certificate of occupancy, all exterior lighting shall be subject to a 30- i1 day lighting level review by Planning Division staff to insure compatibility with the surrounding area. Building Division 40. All earth and foundation work shall be done under the direction of the project soils engineer and a final construction compliance soils report shall be submitted prior to final inspection. Public Works Department 41. The existing V -ditch in front of the property (along Highland Drive) shall be lined according to Public Works Department standards. Police Department 42. The project shall comply with the standard Police Department conditions of approval as on file with the Planning Division for this project. Fire Department 43. Addresses shall be posted conforming to Fire Prevention Standard 205. Use Permit Conditions of Approval (UP04-013) 1. The Use Permit shall allow a 999 -square -foot, detached second dwelling unit in conjunction with a single-family home on the vacant lot west of 411 Margarita Drive and the cutting of 455 cubic yards of earth and 110 cubic yards of fill associated with the construction of the approved development. 2. This Use Permit (ED04-013) approves a detached second dwelling unit and associated site improvements for the new single-family home at the vacant lot west of 411 Margarita Drive and shall run concurrently with the approved Environmental and Design Review Permit (ED03-122). If the Environmental and Design Review Permit expires, this Use Permit shall also expire and become invalid. 3. Prior to issuance of a building permit, the property owner shall file a deed restriction with the County Recorder stating that the: a) second dwelling unit shall not be sold separately; b) second dwelling unit shall be restricted to the maximum size allowed per the development standards in Section 14.16.285(C)(6); c) second dwelling unit shall be considered legal only so long as either the primary residence, or the second dwelling unit, is occupied by the owner of record of the property; and d) restrictions shall be binding upon any successor in ownership of the property and lack of compliance may subject the property owner to enforcement action by the City. 12 I, JEANNE M. LEONCM, 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 Council of said City on Monday, the 19th day of July 2004 by the following vote, AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None A. JE M. LEONCINI, City Clerk 13