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HomeMy WebLinkAboutCC Resolution 11329 (Condominium Campus 4300 Redwood Hwy)RESOLUTION NO. 11329 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A TENTATIVE MAP (TS03-001) AND SIGN PROGRAM (SR03-008) AND AMENDMENTS TO A PREVIOUSLY APPROVED USE PERMIT(iJP03-004) AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED03-009) FOR CONVERSION OF AN APPROVED LIGHT INDUSTRIAL/OFFICE COMPLEX TO A COMMERCIAL CONDOMINIUM CAMPUS LOCATED AT 4300 REDWOOD HIGHWAY (APN: 155-110-05 AND 06) WHEREAS, on February 3, 2003, on behalf of 4300 Redwood Road Venture, LLC, owner, John Lovewell submitted planning applications for a Tentative Map and Sign Program and amendments to a previously approved Use Permit and Environmental and Design Review Permit to the Community Development Department to allow conversion of an approved light industrial/office complex to a commercial condominium campus on the 10.0 -acre Fairchild site located at 4300 Redwood Highway, and on March 7, 2003, the applications were deemed complete for processing; and WHEREAS, by adoption of a separate ordinance, the City Council approved a Rezoning from Planned Development (PD 1758) District to a revised PD District for the property, which establishes the appropriate development regulations and trip generation rates for the proposed project; and WHEREAS, prior to adoption of PD 1758, the City Council adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the light industrial/office complex, and complied with the requirements of the California Environmental Quality Act (CEQA) by adoption of Resolution No. 10740; and WHEREAS, on April 29, 2003, and May 13, 2003, the San Rafael Planning Commission held public hearings on the proposed Tentative Map and Sign Program and amendments to the previously approved Use Permit and Environmental and Design Review Permit and on a 4-1-2 vote (Commissioner Whipple dissenting and Commissioners Alden and Lang absent) recommended that the City Council approve the proposed project; and WHEREAS, on June 2, 2003, the San Rafael City Council held a duly -noticed public hearing on the proposed project and accepted all oral and written public testimony and the written report of the Community Development Department; and WHEREAS, the City Council made the following findings with respect to the applications for a Tentative Map and Sign Program and amendments to a previously approved Use Permit and Environmental and Design Review Permit for the conversion of an approved light industrial./office complex to a commercial condominium campus at 4300 Redwood Highway: 112.7 A FINDINGS Master Use Permit Findings (UP03-004) 1. The proposed use would be in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of the district in which the site is located given that the project fully would comply with the development standards and uses permitted in the Planned Development (PD) District Zoning adopted for the site. The PD Distirct would be compatible with the General Plan Light Industrial/Office land use designation and the policies and programs which apply to the site. The proposed use, together with the conditions applicable thereto, would not be detrimental to the public health, safety, or welfare, or materially injurious to property or improvements in the vicinity, or to the general welfare of the City given that: 1) the proposed light industrial, office and warehouse land uses would be compatible with the surrounding commercial, office and industrial land uses; 2) on and off-site improvements would be provided which would ensure that traffic circulation conflicts would not result; and 3) the proposed mix of uses would be monitored at the time of building permit and business license application to ensure that the permitted mix of uses, parking standards and trip rates are met. 3. The proposed use would comply with each of the applicable provisions of the Zoning Ordinance given that the proposed light industrial and office complex would be requried to conform with the specific limitations on the types and intensities of specific occupancies that are contained in the Development Plan adopted for the site. Environmental And Design Review Permit Findings (ED03-009) 4. The project design would be in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of Zoning Ordinance Chapter 25, Design Review Standards, given that the project has been reviewed by the Design Review Board and recommended for approval. The Design Review Board found that the project would comply with the General Plan and Zoning Ordinance Design Criteria established for light industrial development on the site given that the project proposes high quality architecture and materials, appropriate site landscaping and creek setbacks, and considers views of the project from off-site and U.S. Highway 101. 5. The project design would be consistent with all applicable site, architecture and landscaping design criteria and guidelines established by the PD District adopted for the site given that the site and parking lot landscaping exceed the requirements established under the conventional Light Industrial/Office (LI/0) District and the project would satisfy the Design Criteria contained in Chapter 25 of the Zoning Ordinance. 6. The project design would minimize adverse environmental impacts by providing a 50 -foot hardscape setback and 100 -foot building setback from Las Gallinas Creek, an 85 -foot building setback from Redwood Highway with the complex divided into a series of smaller buildings which would provide a visual break in the development, and the project would include substantial building setbacks from the side and rear property lines with landscaping along the entire perimeter which would provide additional visual buffers from surrounding development and off-site views. 2 7. The project design would not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity given that the project meets the development standards established in the General Plan including floor area ratio, trip allocations, traffic and setbacks. Tentative Map Findings (TS03-001) 8. The proposed map would be in accord with the General Plan, and any adopted specific plan or neighborhood plan in that: a) the proposed 16 -building commercial condominium development with up to 42 units would be consistent with the underlying Light Industrial/Office General Plan land use designation; b) the proposed site plan would be consistent with the minimum size and shape for lots, and lot design standards, in accordance with the City's Zoning Ordinance and Subdivision Ordinance; c) the project would redevelop an in -fill site in an urbanized area where public services are available; d) potential environmental impacts on the site have been mitigated; and e) the project would contribute traffic mitigation fees to contribute its fair share toward traffic improvements in the area. The design or improvement of the proposed subdivision would be consistent with the San Rafael General Plan and any pertinent specific or neighborhood plans in that: a) the project proposes structures, site improvements, landscaping, parking, and architectural designs appropriate for the setting; b) Zoning Ordinance Chapter 25 — Design Criteria findings have been made which, implement the General Plan Land Use Policies LU -19 through LU -36; and c) the project has been reviewed by the Design Review Board to ensure that the design is compatible with the neighborhood and surrounding environs. 10. The property subject to the subdivision is physically suitable for the type and density of the development that is proposed in that: a) the project was reviewed by the Design Review Board and Planning Commission, and Environmental and Design Review Permit findings have been made determining that the project would be in conformance with the design criteria in the General Plan, and Chapter 25 of the Zoning Ordinance; b) adequate services and utility systems are immediately accessible to the site from Redwood Highway to serve the proposed development; and c) adequate area would be provided on-site for required parking, landscaping and drainage improvements. 11. The design of the subdivision or the proposed improvements would not likely cause environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that: a) a 50 -foot hardscape setback and a 100 -foot building setback would be maintained between the project and Las Gallinas Creek; b) geotechnical review has been completed for the project to evaluate potential hazards; c) the proposed project has been reviewed and conditioned to incorporate fire and crime prevention techniques by the City's Police and Fire Departments, and would be constructed to meet the minimum standards of the Uniform Fire and Building Codes; d) the project has been conditioned to require stormwater pollution prevention measures and best management practices (BMPs) in accordance with Regional Water Quality Control Board (RWQCB) standards; and e) mitigation measures have been recommended as conditions of approval to reduce potential impacts to less -than -significant levels. 12. The design of the subdivision or the type of proposed improvements would not likely cause serious health problems in that: a) there would be adequate services for site development; b) the subdivision has been designed to be sensitive to the character and improvements of the surrounding area; and c) the potential environmental impacts have been assessed pursuant to the provisions of the CEQA and mitigated to a less -than -significant level through the project design and conditions of approval. 13. The design of the subdivision or the type of the proposed improvements would not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision in that: a) no access easements required for the public at large, public rights-of-way, or public trails exist on the property; and b) an existing improved roadway right-of-way (Redwood Highway) exists that would provide adequate and safe access and utility connections to the condominiums. Sign Program Findings (SR03-008) 14. Signs within the Sign Program would share one or more common design elements such as colors, materials, illumination, sign type, sign shape, letter size and letter type in that: a) the proposed building address and window signage share common location, letter size, letter type and color; and b) the occupant identification signage share common letter size, letter type and location. 15. All proposed signs would be in harmony with the materials, colors and architecture of the buildings they identify in that: the Sign Program has been reviewed and recommended for approval by the Design Review Board, after finding that the proposed signs would be in harmony with the architecture of the proposed buildings. California Environmental Quality Act (CEQA) Findings 16. The proposed changes to the approved project would not cause any new significant environmental impacts, in that: a) the project would divide the property for condominium purposes, and modify building design, layout, and type of landscaping, but is substantially the same in terms of proposed uses, trip generation, parking demands, site plan, setbacks, creek buffer zones, drainage improvements, erosion control, total building area, and relative percentage of landscaping and impervious surfaces; and b) the project mitigation measures adopted with the Mitigated Negative Declaration have been incorporated as conditions of approval and are included within the project resolutions. 17. There have been no substantial changes with respect to the circumstances under which the proposed changes to the approved project are undertaken which would require revisions to the previous Mitigated Negative Declaration in that the project site and surrounding area (with the exception that soil remediation has occurred on site in compliance with the approved Final Remediation Action Plan) are substantially the same as they were when the Mitigated Negative Declaration was adopted. 18. There is no new information which was not known or could not reasonably have been known at the time the previous Mitigated Negative Declaration was adopted for the project in that the project plans have been referred to all appropriate City Departments and agencies, and no new information, which was not known, or could not reasonably have been known at the time the Mitigated Negative Declaration was adopted, has come to light. NOW THEREFORE BE TT RESOLVED, that the City Council does hereby approve applications for a Tentative Map and Sign Program and amendments to the previously approved 4 Use Permit and Environmental and Design Review Permit, subject to the following the conditions of approval: CONDITIONS OF APPROVAL General: Plannine Division 1. Except as modified herein, the Master Use Permit (UP 03-004) authorizes development of the 10.0 acre site in accordance with the Planned Development approval (ZC 03-001) and associated Development Plan, which lists the permitted uses, permitted maximum square footages and mixes of uses, and development standards for development of the site. 2. The Community Development Director may review and approve amendments to the Master Use Permit, which are within the limits of the approved PD District approval (ZC 03-001), the PD zoning regulations and the General Plan FAR and trip allocations. 3. Development of the site (i.e., the building design and locations, scale, architecture, landscaping and similar improvements) shall be completed in accordance with a valid (i.e., not expired) Environmental and Design Review Permit. The Use Permit shall be subject to all conditions of approval of ED 03-009 and any amendments thereof. 4. This Master Use Permit shall be valid for a period of two years, from the final date of approval and shall be null and void unless a building permit is issued and construction diligently pursued, or a time extension is requested. 5. Except as conditioned herein, building techniques, materials, elevations, landscaping and appearance of this project, as presented for approval, shall be the same as required for the issuance of a building permit. Said plans are referenced as Exhibits to the project Staff Report to the Planning Commission on April 29, 2003 and May 13, 2003 and the City Council on June 2, 2003 and stamped approved in the Planning Division file. Each building shall be painted in one of three to four earth -tone color options, which were reviewed and found acceptable by the DRB. Minor modifications to color tone may occur in the field with approval by the Community Development Director. Any future additions, expansions, remodeling, etc., shall be subject to the review and approval of the Planning Division. 6. This Environmental and Design Permit shall be subject to the adopted PD zoning regulations (ZC 03-001) and all conditions of approval applicable to Master Use Permit (UP03-004), and any subsequent amendments thereto. 7. This Design Review approval (ED 03-009) shall be valid for two years from date of final approval by the City Council, and shall be null and void if a building permit is not issued or a time extension granted. 8. Pursuant to Mitigation Measure I.D.1, all lights used to illuminate the project buildings, roadways, or other facilities, including common area and other exterior or interior areas, shall be designed and located so that directional lighting does not spill over onto adjacent properties. In addition to directional lighting, lighting should be a minimum intensity (wattage) of 0.5 foot candle or as otherwise necessary for public safety. 9. All lighting shall be subject to a 30 -day lighting level review period to ensure excessive glare or off-site impacts do not result. 10. The applicant shall install all utility lines underground, including utility lines located along the property frontage, subject to review and approval by the utility agency(s) and the Public Works Director. Fire Deuartment 11. Fire alarms shall be installed conforming to fire prevention standards. The fire alarms from fire detection systems and commercial fire sprinkler systems shall be monitored by a UL Central Station Company approved by the San Rafael Fire Department and be issued a UL serially -numbered certificate for Central Fire Station Alarms. 12. A Fire Department approved Knox Keyway System shall be installed conforming to Fire Prevention Standard 202. 13. Addresses shall be posted conforming to Fire Prevention Standard 205 and 205A. 14. Plans shall indicate 20 -foot on-site driveways per SRFD standards. Police Detvartment 15. The street numbers shall be displayed in a prominent location on the street side of the property in such a position that the number is easily visible to approaching emergency vehicles. The numbers shall be no less than 12 -inches in height and shall be of contrasting color to the background to which they are attached. The address numbers shall be illuminated during darkness. 16. Each individual unit within the complex shall display a prominent identification number not less than 6 inches in height, which is easily visible to approaching vehicular or pedestrian traffic. 17. The street address and any internal complex addresses shall be in sequence with the numerical order of the street and buildings. 18. All exterior lighting shall be sufficient to establish a sense of well-being to the pedestrian and sufficient to facilitate recognition of persons at a reasonable distance. Type and placement of lighting shall be to the satisfaction of the Police Department Crime Prevention Officer. 19. All garden and exterior lighting shall be vandal resistant. 20. All exterior lighting shall be on a master photoelectric cell set to operate during hours of darkness. 21. A minimum of one foot-candle (lfc) at ground level overlap shall be provided in all exterior doorways and vehicle parking areas. 22. A minimum of one-half foot-candle (1/2fc) at ground level overlap shall be provided on outdoor pedestrian walkways. 6 23. Lights inside any proposed 24-hour use areas shall remain lighted during hours of darkness. 24. Exposed roof vents and ducts shall be grated or constructed of an impact resistant material to the satisfaction of the Police Department. Skylights shall be secured and hatch openings shall be burglary resistant. Glazing shall be of a burglary resistant glass or glass -like material. 25. All exterior man doors shall be of solid core construction with a minimum thickness of one and three fourths inches (1-3/4") or with panels not less than nine sixteenth inches (9/16") thick. 26. Both locking mechanisms shall be interconnected so that both may be disengaged by turning the doorknob from inside. 27. Exterior j ambs for doors shall be so constructed or protected so as to prevent violation of the function of the strike plate from the outside. The strike plate shall be secured to the jamb by a minimum of two screws, which must penetrate at least two inches into the solid backing beyond the jamb. 28. Exterior doors that swing outward shall have non -removal hinge pins. 29. In -swinging exterior doors shall have rabbeted jambs. 30. Metal -framed glass doors shall be set in metal door jambs. 31. Metal -Framed glass doors shall have a dead bolt lock with a cylinder guard and a hardened steel throw that is a minimum of one inch long. 32. Glass on exterior doors or within 40 inches of an exterior door shall be break resistant glass or glass -like material to the satisfaction of the Police Department. 33. Delivery doors shall have a door viewer that provides a minimum of 180 degrees peripheral vision. 34. All windows within 12 feet of the ground level shall have a secondary lock mounted to the frame of the window. The secondary lock shall be a bolt lock and shall be no less than 1/8 inch in thickness. The lock shall have a hardened steel throw of 1/2 -inch minimum length. 35. Louvered windows shall not be installed within 8 feet of the ground level. 36. Any window within 40 inches of an exterior door shall be stationary and non -removable. 37. Perimeter walls, fences, trash storage areas, etc., shall be built to prevent access to the roof or balconies. 38. Permanently fixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of 10 feet. This covering shall be locked against the ladder with a case hardened hasp secured with non -removable screws or bolts. If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and have a minimum of 5 -pin tumbler operation. 39. Signs shall be posted and driveways/curbs/parking areas red which have emergency access lanes. 7 40. Wire buildings so that emergency radio communication systems will work in large concrete areas. 41. Buildings shall be wired for alarm systems. Prior to Issuance of Grading Permits: Planning Division 42. Pursuant to project Mitigation Measure XI.D.1, a construction logistics plan shall be prepared and implemented by the project applicant to limit activities for grading and construction to specific daylight hours only and to minimize construction noise disturbance to surrounding residents. 43. Pursuant to Mitigation Measure VH.D.2., the project applicant shall submit the approved Hazardous Materials Health and Safety Plan including all requirements of the Regional Water Quality Control Board (RWQCB) to the City prior to issuance of any grading or building permit for the project site. 44. The RWQCB shall review and approve all site plan modifications, prior to the issuance of a grading permit. Buildina Division 45. An engineered site plan showing all existing and proposed site conditions shall be submitted with the application for a grading or building permit. 46. A level `B" soils report shall be submitted with the application for a building permit. 47. Pursuant to Mitigation Measure VI.A.1, the project soils engineer shall review and approve the plans submitted for a building permit for compliance with the recommendations of the project soils report. 48. An erosion control plan addressing erosion during and after construction shall be submitted with the application for a building permit. 49. The erosion control plan shall be based on " Best Management Practices." 50. A Stormwater Pollution Prevention Plan shall be filed with the Regional Water Quality Control Board prior to the issuance of a grading or building permit. 51. The site plan shall show all existing and proposed drainage conditions. 52. The site plan shall show all existing and proposed sanitary sewer facilities. 53. The improvement plans shall show all existing and proposed frontage improvements. 54. The improvement plans shall show all existing and proposed site utilities. Public Works 55. A Notice of Intent for project construction shall be submitted to the RWQCB which includes a detailed description of the project's Stormwater Pollution Prevention Program (SWPPP). 56. The SWPPP shall be submitted to the City of San Rafael Department of Public Works before the Notice of Intent is filed with the RWQCB. 57. Pursuant to Mitigation Measure XV.D.1, the project shall submit plans to the City Engineer for review and approval to restripe and/or reconfigure Redwood Highway at the project access points to accommodate left turn pockets prior to issuance of building permits. 58. Pursuant to Mitigation Measure III.B.1, the project sponsor shall submit a construction logistics plan that identifies the routing of all transported earth material. 59. Pursuant to Mitigation Measure XV.g.1, the project site plan shall provide accommodations for the existing bus stop located on the project site prior to obtaining building permits. The bus stop shall conform to the requirements of the local bus operation authority consistent with the current level of improvements at the on-site bus stop. Prior to Issuance of Building Permits: Building Division 60. The Final Map for the condominiums shall be recorded, prior to the issuance of a building permit. Said Final Map shall include a parenthetical statement under exception to public service easement to read "approximate building footprints." 61. All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances not entirely enclosed within the structure (on side of building or roof) shall be screened from public view. The method used to accomplish the screening shall be indicated on the building plans and approved by the Planning Department prior to issuance of a building permit. 62. Project plans shall indicate screening of all trash enclosures with landscaping and integrated into the site design. 63. Pursuant to Mitigation Measure XVA.2, the project developer shall pay current North San Rafael Traffic Mitigation Fees of $3,245.00 per PM peak hour trip prior to issuance of building permits. The current fee is $292,050.00 ($3,245.00 x 90 PM Peak Hour Trips in Current Dollars). 64. Prior to issuance of a building permit, the applicant is to comply with conditions of the Marin Municipal Water District to obtain water service to the new building. 65. Prior to issuance of a building permit, the applicant shall provide reasonable evidence that sanitary sewer service for the project will be available from the Las Gallinas Valley Sanitary Sewer District. 66. The improvement plans shall show all existing and proposed frontage improvements. 67. All frontage improvements shall be constructed in accordance with the " Uniform Construction Standards for the Cities and County of Marin." 68. An encroachment permit shall be required for the construction of any frontage improvements. 69. The improvement plans shall show all existing and proposed site utilities. 70. Any new connections to the sewer main in the street shall require an encroachment permit. 71. The contractor shall demonstrate compliance with the requirements of Mitigation Measure's VI.A.1, VI.C.1 and VI.D.l prior to building construction. Fire Department 72. All roadways shall be installed prior to framing. 73. Fire hydrants shall be installed capable of supplying the required flow. The hydrants shall be spaced at 300 -foot intervals, spotted by the Fire Marshal, and installed prior to framing. 74. All fire hydrants shall be Jones Model 3740, installed and painted by the developer/owner, conforming with Fire Prevention Standards. 75. Based on Uniform Building Code or Fire Code requirements, an automatic fire sprinkler system shall be installed throughout, conforming to NFPA Standard 13. 76. 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. Ongoing During Grading and Construction: Planning Division 77. Pursuant to Mitigation Measure XI.A.1 and XI.D.1, hours of construction shall be limited to 7:30AM to 5:30PM to minimize construction noise impacts to adjacent uses. 78. Pursuant to Mitigation Measure V.B.1, in the event that archaeological and historic artifacts are encountered during project construction, all work in the vicinity of the find will be halted until such time as the find is evaluated by a qualified archaeologist and appropriate mitigation (if necessary) is implemented. 79. Pursuant to Mitigation Measure V.B.1, in the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, 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: b. 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 c. If the coroner determines the remains to be Native American: 1. The coroner shall contact the Native American Heritage Commission within 24 hours. 10 2. The Native American Heritage Commission shall identify the person or persons it believes to be most likely descended from the deceased Native American. 3. 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 4. Where the following conditions occur, the landowner or his authorized representatives 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 descendent identified fails to make a recommendation; or c. The landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Building Division 80. The contractor shall implement the Best Management Practices measures indicated on the project plans for grading and construction activities. 81. Pursuant to Mitigation Measure III.B.1, the project contractor shall implement the following dust control measures: • Water areas of exposed earth surfaces during the construction and grading process (early morning and early evening). • Avoid overfilling of trucks so that any potential spillage in the public right-of-way is minimized. The contractor shall be required to clean all spillage in the public right-of- way. The project sponsor shall implement the construction logistics plan that identifies the routing of all transported earth material. 82. All earth and foundation work shall be performed under the direction of the project soils engineer and a final construction report shall be submitted to the City prior to a final inspection. 83. No mass grading shall occur between Octoberlst and April 15'' without the permission of the City Engineer. 84. The site shall be "winterized" and all erosion control measures shall be in place prior to the first day of October. 85. The contractor shall demonstrate compliance with the requirements of Mitigation Measure VI.A.1, VI.C.1 and VI.D.1 prior to building construction. PlanninLy Division 86. All landscaping shall be installed prior to the occupancy of the building. The City may agree to accept a bond for a portion of landscaping improvements not completed. In the event that a bond is posted for a portion of the site landscaping, it shall cover the amount estimated for 11 completing the landscaping. All areas proposed for landscaping must be covered with bark or a substitute material approved by the Planning Division prior to occupancy. 87. A final Condominium Plan shall be submitted to the Planning Division and the City Attorney for review for consistency with and as an attachment to the project's CC&Rs, prior to recordation of the Final Map. Project CC&Rs shall be recorded prior to occupancy of any of the condominium units. 88. All project mitigation measures identified in the Mitigated Negative Declaration shall be implemented, prior to occupancy. Prioritv Proi ect Procedure 89. Pursuant to the project PPP approval, the project sponsor shall contribute $70,000 towards the Terra Linda Community Center pool renovation project, and $120,000 towards the Terra Linda entryway -landscaping project, prior to occupancy. 90. Landscaping and buffer enhancement improvements to the creek/wetland setback along the North Fork of Las Gallinas Creek shall be implemented, prior to occupancy. Building Division 91. The final construction report prepared by the project soils engineer shall be submitted to the City prior to a final inspection. 92. All existing curb, gutter, and sidewalk damaged during construction shall be replaced to the satisfaction of the City Engineer. 93. All unused driveways shall be removed and replaced with curb, gutter, and sidewalk. Fire Department 94. Fire alarm systems, addresses and Knox keyway systems shall be in place, prior to occupancy. I, JEANNE M. LEONCINI, Clerk if 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 held Monday, the 2nd of June, 2003, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None 12 A.<Z(� M. LEONCINI, City Clerk