HomeMy WebLinkAboutCC Resolution 11397 (374 Margarita Drive)ice. ��i]�i�[i] ► i� [���c3Sl
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED02-082)
AND VESTING TENTATIVE MAP FOR A TWO -LOT SUBDIVISION OF AN
EXISTING 13.88 -ACRE PARCEL (S02-007) TO ALLOW THE CONSTRUCTION OF A
6,500 -SQUARE -FOOT SINGLE-FAMILY HOME LOCATED AT
374 MARGARITA DRIVE (APN: 015-250-56)
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL FINDS AND DETERMINES THAT:
WHEREAS, on June 20, 2002, applications for an Environmental and Design Review
Permit and Vesting Tentative Map were submitted to the Community Development Department
to allow construction of a 6,500 -square -foot single-family home and associated site
improvements and to subdivide an existing 13.88 -acre parcel into two lots, and on May 29, 2003,
the applications were deemed to be complete for processing; and
WHEREAS, an accompanying Rezoning application has been processed concurrently
with the Environmental and Desgin Review Permit and Vesting Tentative Map; and
WHEREAS, the City Council has adopted a Negative Declaration for the proposed
project by a separate resolution; and
WHEREAS, on June 24, 2003, the San Rafael Planning Commission held a duly -noticed
public hearing on the proposed project applications and recommended that the City Council
approve the Environmental and Design Review Permit (ED02-082) and Vesting Tentative Map
(S02-007); and
WHEREAS, on August 4, 2003, the San Rafael City Council held a duly -noticed public
hearing on the proposed project applications, as required by State law, accepting all oral and
written public testimony, the recommendation of the Planning Commission, and the written
report of the Community Development Department staff.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby approves the Environmental and Design Review Permit and Vesting Tentative
Map for the Margarita View Estates based on the following findings and conditions of approval:
Environmental and Design Review Permit Findings:
1 The proposed project would be in accord with the following General Plan Policies:
• Land Use Policies LU -21 Building Heights, LU -34 Residential Site Design, LU -35
Project Design Considerations, and LU -36a Community Design Considerations -hillside
ridges because the proposed home would maintain a height below the 30 -foot height
X00
limit, would be compatible with the existing neighborhood design and colors, and would
minimize grading and removal of natural vegetation.
• Safety Policy S-22 New Development in Fire Hazard Areas in that the proposed single-
family home would be sprinklered for fire protection.
• Natural Environment Policies NE -1 Open Space Plan, NE -2 Preservation Strategy, and
NE -b Private Open Space because the project would establish a privately owned open
space reservation.
2. As stated above, the proposed project would be in accord with applicable General Plan Land
Use and Safety policies. In addition, the proposed project would meet the objectives of the
Zoning Ordinance, and the purposes of Chapters 12 Hillside Development Overlay District
and 25 Design Review given that the project has been reviewed by the Design Review Board
and Planning Commission for compliance with the Hillside Property Development Standards
and design criteria in Chapter 25 to ensure that the design would be compatible with the
neighborhood and hillside design criteria, as required by the General Plan.
3. The project design would be consistent with all applicable site, architecture and landscaping
design criteria and guidelines for the district in which the site is located given that the site
development complies with the proposed Planned Development (PD) District requirements
and has been reviewed by the City's Design Review Board.
4. As conditioned, the project design would minimize adverse environmental impacts by
limiting grading to previously graded portions of the property and preserving existing
vegetation to the maximum extent feasible.
5. 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 has
been reviewed by the appropriate agencies and conditioned accordingly.
Vesting Tentative Map Findings:
6. As discussed previously, the proposed project would be consistent with applicable
General Plan 2000 policies. In addition, the project site is not included in an adopted
specific plan or neighborhood plan area.
7. As conditioned, the subject property would be physically suitable for the type and
density of the proposed project given that: 1) the subdivision improvements would be
minimal and construction of one new single-family home would not result in
significant environmental impacts; 2) the site has been reviewed by appropriate City
departments and responsible public agencies; 3) adequate water, sewer, and other
utility services, emergency vehicle access and fire protection would be provided; 4) the
project would be constructed in accordance with the California Building Code to insure
proper construction methods and seismic stability; 5) the project's soils engineer
2
recommendation's would be incorporated into the project design and would be "peer
reviewed" for compliance with engineering practices; 6) the project would be within
the allowed density; and 7) the proposed building locations would be clustered to
minimize grading and visual impacts.
8. The design of the subdivision and proposed improvements would not likely cause
substantial environmental damage, or substantial and avoidable injury to fish, wildlife
or their habitats or cause serious public health problems. Based on the findings
presented in the project's Negative Declaration, the proposed area of development does
not contain sensitive habitat for wildlife or waterways containing waterfowl.
Secondly, the proposed location of the single-family home has been previously graded
and currently contains a graded roadway. Based on the Negative Declaration, the
project would have a less -than -significant impact on the environment.
9. The design of the subdivision and the type of proposed improvements is not likely to
cause serious health problems in that: 1) the proposal to subdivide the property would
comply with the City's General Plan 2000; 2) the subdivision has been designed to be
sensitive to the character and improvements of the single-family residential
neighborhood; 3) the project would be located on a site designated for single-family
residential use subject to obtaining an Environmental and Design Review Permit; 4)
there are adequate services for site development; 5) the potential environmental
impacts have been assessed pursuant to the provisions of CEQA; and 6) the proposed
subdivision has been reviewed by all appropriate departments and conditioned
accordingly to avoid any detrimental effects.
10. As proposed, the subdivision would not conflict with any existing or required
easements in that the proposed project includes the required easements for public
utilities, and the proposed project would not require a dedication for public access.
Environmental and Design Review Permit Conditions of Approval:
Police Department
1. The street number 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
number shall be no less than four inches (4") in height and shall be of contrasting color to the
background to which it is attached. The address number shall be illuminated during
darkness.
2. All exterior 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.
Side garage doors and doors leading from these garage areas to private residences or multiple
dwelling residences are included in this requirement.
3. Exterior jambs for doors shall be so constructed or protected to prevent violation of the
function of the strike plate from the outside. The strike plate shall be secured to the jamb by
3
a minimum of two screws which must penetrate at least two inches into the solid backing
beyond the jamb.
4. Exterior doors that swing outward shall have non -removal hinge pins.
5. In -swinging exterior doors shall have rabbeted jambs.
6. 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.
7. Any window within 40 inches of an exterior door shall be stationary and non -removable.
8. Any alternate materials or methods of construction shall be reviewed with the Crime
Prevention Officer before installation.
9. The new construction shall be pre -wired for the installation of an intrusion alarm system.
Fire Department
10. The address shall be posted conforming to Fire Prevention Standard 205.
11. Based on Uniform Fire Code (UFC) requirements, an automatic fire sprinkler system shall be
installed throughout conforming to NFPA Std. 13D.
12. Prior to the issuance of a building permit, site improvements to the existing private roadway
to create acceptable emergency vehicle access to the proposed building site shall be provided.
13. Additional on-site water storage is required for the proposed construction of the single-family
home. Prior to the issuance of a building permit, a plan shall be submitted to the San Rafael
Fire Department indicating the location of additional water supply and the details approved
by the Fire Department and the Planning Division.
14. A fire retardant roof covering shall be required with a minimum Class "A" listing.
15. Prior to the issuance of a building permit, a vegetation management plan shall be submitted
to the Fire Department to determine the clearance distance required from the residential
structure.
16. Spark arrestors shall be installed conforming to the California Building Code (CBC).
17. Due to the topography of the project site and the inability to ladder the building, approved
emergency escape ladders may need to be installed as required by the Fire Department at the
time of issuance of the building permit.
18. UL/SFM smoke detectors and openable bedroom windows shall be installed conforming to
the CBC.
Building Division
19. An engineered site plan showing existing and proposed site conditions shall be submitted
with the application for a building permit.
20. An encroachment permit shall be required for any work performed in the public right-of-way.
21. A level `B" soils report shall be submitted with the application for a building permit.
22. The project soils engineer shall review the project plans for compliance with the
recommendations of the project soils report prior to the issuance of a building permit.
23. All earth and foundation work shall be performed under the direction of the project soils
engineer and a final construction report shall be submitted prior to approval of a final
inspection.
4
24. Grading, drainage, and foundation plans shall be reviewed and approved by the project soils
engineer.
25. Prior to the issuance of a building permit, the project's soils report shall be "peer reviewed"
by a third party selected by the City to verify the recommendations. A $1,500 deposit is
required for a "peer review."
26. An erosion control plan shall be submitted showing how erosion will be controlled during
and after construction. The erosion control plan shall be consistent with "Best Management
Practices" and conform to the requirements of the Regional Water Quality Control Board.
27. All utilities shall be underground.
28. The improvement plans shall show all existing and proposed drainage facilities.
29. A Parcel Map shall be recorded prior to the issuance of any grading or building permits.
Public Works Department
30. The developer shall pay a traffic mitigation fee of $1,010.00, adjusted according to the Lee
Saylor Construction Index to take into account changes in construction costs, at issuance of a
building permit. This is based on a fee of $1,010.00 (Downtown) times one 1 PM peak
hour trip.
31. The applicant shall prepare a Storm Water Pollution Prevention Plan (SWPP).
Planning Division
32. The building techniques, materials, elevations and appearance of the project, as presented for
approval on architectural plans prepared by Lubroth Zylberberg, Architects, and landscape
plans prepared by Ralph J. Alexander and Associates, dated received June 18, 2003, shall be
the same as required for issuance of a building permit. 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.
33. This Environmental and Design Review Permit (ED02-082) shall be valid for two years from
approval by the City Council or until August 4, 2005, and shall be null and void if a building
permit is not issued or a time extension granted prior to the expiration date.
34. Prior to the issuance of a building permit, the exterior stucco color shall be reviewed and
approved by the Community Development Department. The exterior color shall be an earth -
tone color.
35. Prior to the issuance of a building permit, the specie type for the canopy and accent trees
located below the house shall be reviewed and approved by the Community Development
Department. The trees shall be a taller growing tree to help screen the home from down
slope elevations.
36. Prior to occupancy, the applicant shall contact the Planning Division to request a final
inspection. The inspection shall require a minimum 48-hour advance notice.
37. All mechanical equipment (i.e., air conditioning units, meters and transformers) and
appurtenances shall be enclosed and screened from public view. The method used to
accomplish the screening shall be indicated on the building plans and approved by the
Planning Division prior to issuance of a building permit.
5
38. The following 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 and implemented during all phases of construction:
• All active construction areas shall be watered at least twice daily. A water truck or
equivalent method shall be in place prior to commencing grading operations.
• All trucks hauling soil, sand, and other loose materials shall be covered and maintain
at least two feet of freeboard.
• All paved access roads, parking areas and staging areas at construction sites shall be
swept daily with water sweepers and adjacent public streets shall be swept if visible
soil material is carried onto adjacent public streets.
• Excavation and grading activity shall be suspended when wind gusts exceed 25 miles
per hour.
• 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.
39. The applicant shall comply with conditions of the Marin Municipal Water District to obtain
water service to the project. Verification of compliance shall be submitted at time of building
permit application.
40. A construction management plan (CMP) shall be prepared for the proposed project. The
CMP shall be reviewed and approved by the Planning Division prior to the issuance of a
building permit.
41. If, during the course of construction, cultural, archaeological or paleontological resources are
uncovered at the site (surface or subsurface resources) work shall be halted immediately
within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional
archaeologist. The City of San Rafael Planning Division and a qualified archaeologist (i.e.,
an archaeologist registered with the Society of Professional Archaeologists) shall be
immediately contacted by the responsible individual present on-site. When contacted, the
project planner and the archaeologist shall immediately visit the site to determine the extent
of the resources and to develop proper mitigation measures required for the discovery.
42. Plans submitted for a building permit shall include a plan sheet, which incorporates these
conditions of approval. As an alternative, the conditions of approval shall be attached as a
separate document to each set of plans.
Vesting Tentative Map Conditions of Approval
43. This Vesting Tentative Map approval permits the subdivision of an existing 13.88 -acre parcel
into two parcels as illustrated on the Vesting Tentative Map for "Lands of Emerald Bay
Development," prepared by Lawrence P. Doyle. This approval shall be valid for a period of
two years from the date of approval by City Council, or until August 4, 2005, unless a Parcel
Map has been recorded or a time extension is requested and approved.
44. No further subdivision of the lots shall be permitted pursuant to the applicable Zoning
District and General Plan permitted density and lot sizes.
D
45. Development of the lots shall be subject to the Planned Development (PD) District (ZCO2-
003) adopted for the site and the approved Environmental and Design Review Permit (ED02-
082).
46. Prior to issuance of building permits or prior to the recordation of a Parcel Map, whichever
occurs first, the developer shall pay to the City in lieu parkland dedication fees for one new
parcel in accordance with the provisions of City Council Ordinance No. 1558. Parkland
dedication in lieu fees are at this time based on 1989 dollars. 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 Subdivision
Ordinance.
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
City Council of said City held on Monday, the 4th day of August, 2003 by the following vote, to
wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Cohen, Heller, Miller, Phillips and Mayor Boro
None
None
/1+.�
JEA E M. LEONCINI, City Clerk