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HomeMy WebLinkAboutCC Resolution 11426 (Merrydale Townhouse Development)RESOLUTION NO. 11426 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSSION DECISION TO APPROVE AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED 03-062) AND VARIANCE (V03-008) FOR THE MERRYDALE COURT EIGHT -UNIT TOWNHOUSE DEVELOPMENT AT 127 MERRYDALE ROAD (APN 179-142-04) The City Council of the City of San Rafael finds and determines that: WHEREAS, in July 1999, the Planning Commission approved an Environmental and Design Review Permit for the development of eight (8) townhouse units on an 18,600 -square -foot site located at 127 Merrydale Road. Subsequent to this action, in October 1999, the Planning Commission approved a Tentative Map for the approved townhouse project, permitting the subdivision and sale of these units. The Environmental and Design Review Permit approval has lapsed, however, the Tentative Map approval is still valid; and WHEREAS, in 2001, the 127 Merrydale Road site was purchased by Signature Properties, the owners and developers of Ranchitos Park (now Redwood Village), a planned, residential development proposed on the contiguous 17.6 -acre site. As part of the site planning for the Redwood Village project, it was determined that the subject 127 Merrydale Road site would provide an opportunity to route storm water and sanitary sewer infrastructure facilities from the Redwood Village site to Merrydale Road; and WHEREAS, in May 2002, the City Council approved the contiguous Ranchitos Park planned development, which includes the development of a three -acre neighborhood park. Conditions of this project approval require that a public pedestrian path be provided through the subject 127 Merrydale Road site. Further, the condition of approval requires that modifications be made to the previously approved townhouse project to accommodate this access, if deemed necessary; and WHEREAS, in June 2003, an Enviromnental and Design Review Permit application was filed by Signature Properties, which proposes a new design for the eight (8) townhouse units. The new project (Merrydale Court Townhouses) has been designed with a similar site plan layout as the previously approved project, with slightly smaller units and a public pedestrian path along the southern property boundary; and WHEREAS, in August 2003, an application for a time extension to the approved Tentative Map was filed by Signature Properties; and WHEREAS, during review of the project, it was detennined that a portion of the front building and one of the guest parking spaces would encroach within the 15 -foot front yard setback, required by the HR 1.8 District. As a result, a Variance application was filed by Signature Properties, which requests relief from this minimum setback requirement; and WFIEREAS, during processing and review of this project, the City Traffic Engineer reviewed the on-site circulation and parking plan. The project is designed to provide a driveway back -out depth of 24' to 25'9" from the face of the garage (for each unit) to the sidewalk curb of the public pedestrian path along the southern property boundary. Section 14.18.130 of the San Rafael Municipal Code requires a minimum back -out depth of 26 feet for 90 degree parking design, but permits the City Traffic Engineer to consider adjustments in this requirement. The City Traffic Engineer determined that the proposed 24' to 25'9" driveway back -out depth is acceptable, reasonable and safe in that: a) a 24 -foot back -out depth is commonly used in and approved for the parking design for residential development; b) the slight "canting" of the units in a southwestward direction increases the radius for vehicle maneuvering, thus reducing the need for a full 26 -foot depth; and c); the driveway would serve a limited amount of residential units, so the potential for conflict between pedestrians and vehicles would be extremely low; and WHEREAS, upon a review of the subject applications, it was determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 (In -fill Development Projects); and WHEREAS, on August 19, 2003, the Design Review Board reviewed the proposed Merrydale Court Townhouses. As part of this review, the Design Review Board considered two site plan options, one site plan proposing building and parking encroachments in the required front yard setback, and one site plan proposing full compliance with the minimum setback requirements and two fewer (surplus) guest parking spaces. The Design Review Board recommended the fonner site plan and supported the issuance of a Variance to permit the encroachment of improvements in the front yard setback as it would facilitate the development of maximum on-site parking in an area that has a limited amount of on -street parking; and WHEREAS, on September 9, 2003, the Planning Commission held a public hearing on the proposed Environmental and Design Review Permit, Variance and time extension for the Tentative Map, accepting all oral and written public testimony and the written report of the Department of Community Development. The Planning Commission adopted Resolution No. 03-31, recommending approval of these applications (6-0-1, Bushey -Lang absent); and WHEREAS, on September 16, 2003, the representatives of the San Rafael Improvement Association filed an appeal of the Planning Commission decision on the Environmental and Design Review Permit and Variance for this project. The appeal is outlined in a letter to the City Clerk, dated September 15, 2003 and on file with the City Clerk. The letter cites the Association's opposition to the project design (specifically the driveway width and relationship to the public pedestrian path) and opposition to the granting of the Variance; and 2 WHEREAS, the time extension to the approved Tentative Map was not appealed, the time extension has been granted based on the findings and subject to the conditions set forth in Planning Commission Resolution No. 03-31; and WHEREAS, on October 6, 2003, the City Council held a public hearing on the appeal of the Planning Commission's decision. The City Council accepted and considered all oral and written public testimony, including the letter of appeal, and the written report of the Department of Community Development. NOW, THEREFORE, BE IT RESOLVED, that the City Council denies the appeal and upholds the Planning Commission's decision to conditionally approve the Environmental and Design Review Permit and Variance based on the following findings: Findings for Environmental and Design Review Permit (ED 03-062) 1. The project design is in accord with the San Rafael General Plan 2000 and the Vision North San Rafael 2010 in that: a. As proposed the project would result in a residential development with a density of 18.7 dwelling units per acre, would provide a project design that is attractive and in keeping with the scale, mass and height of buildings in the surrounding neighborhood, and would provide good vehicular access, which would be consistent with: 1) General Plan Land Use Element Policies LU -9 (Land Use Designations), LU -19 (Design Approach), LU - 34 (Residential Site Design) and LU -35 (Project Design Considerations); and 2) the Vision North San Rafael 2010 Homes for a Variety of People Goals A and B. b. As proposed, the project design includes the development of a separate, public pedestrian path along the southern property boundary, providing a public access connection from Merrydale Road to the three -acre neighborhood park, proposed west of the site, which would be consistent with General Plan Circulation Element Policy C-27 (Pedestrian Routes), and Vision North San Rafael 2010 Easy to Get Around Goals A and E and Policy 7. C. The project has been designed to accommodate the installation of a new storm water drainage system to convey site runoff from the contiguous Redwood Village development to Merrydale Road, designed to contain a 100 -year storm event, which would be consistent with General Plan Safety Element Policy S-13 (Flood Protection of New Development). 2. The project design, as proposed and as conditioned, is consistent with the objectives and criteria of the Zoning Ordinance, and the purposes of Chapter 14.25 (Environmental and Design Review) in that: a. The development presents a competent design that has been thoughtfully studied and presented. The buildings have been designed with a size and height that would be compatible with the mass, scale and size of buildings in the surrounding neighborhood. 3 b. As proposed, the site plan provides adequate vehicular and pedestrian circulation on site and in relation to the surrounding area. Likewise, the site plan proposes adequate on-site parking for the eight residential units. C. The project architecture has been designed to be harmonious with the surrounding buildings and improvements, in terms of building design and scale. The building style that has been selected is residential in character, compatible with the architectural style that has been approved for the adjacent Redwood Village planned development, and appropriate for the site. d. The materials and colors that have been selected are consistent with the context of the surrounding area. Specifically, the wood shingle and siding material, wood trim and stone that are proposed, are materials that are common to existing structures in the immediate neighborhood and residential in character. e. As proposed, fences would be sited and designed to provide privacy to the neighboring and proposed residents without compromising natural light to private yard areas. 3. The project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the HR 1.8 District in that: a. The project proposes a similar architectural theme throughout the development. b. The design and siting of the buildings and improvements would be respective of the surrounding properties and property improvements. C. Landscaping, streetscape and common area improvements are thoughtfully designed to complement the architecture of the buildings. d. The project proposes the use of high quality materials. 4. The project design minimizes adverse environmental impacts in that: a. The project has been designed to accommodate the required dedication of property along the Merrydale Road street frontage for needed street widening and improvements to this street. The ultimate street widening improvements will improve areawide traffic. b. The project would be required to pay required traffic mitigation fees to contribute to planned, area wide traffic improvements. C. The project sponsor would be required to provide a fair share contribution to the cost of a future traffic signal at the US 101/Merrrydale Road off - ramp intersection. d. The project design incorporates a storm water drainage system proposed to serve the contiguous Redwood Village development, which is intended to contain and safely convey flood waters during a 100 -year storm event, consistent with General Plan Policy S-13 (Flood Protection of New Development). 5. The project design, as proposed and as conditioned, will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that: a. The project has been designed to comply with the minimum spatial standards of the HR 1.8 District, except the front yard setback for which a Variance has been requested. b. The project has been designed to accommodate storm water drainage improvements required for the contiguous Redwood Village development, which would divert and reduce the amount of runoff and flooding that is presently experienced in the contiguous neighborhood. C. The project has been designed so that the placement and heights of buildings would maintain privacy and natural light to adjacent properties. d. The project has been designed to provide a safe pedestrian access to the adjacent three -acre neighborhood park site, which is separate from the project driveway. Findings for Variance (V03-008) 1. Given the special circumstances that are applicable to the subject property and the site location, the strict application of the 15 -foot front yard setback requirement would limit the opportunity to maximize the amount of off-street parking that could be provided on this site. Firstly, the subject property is unique in that it is narrower than most lots along Merrydale Road (75 feet). Secondly, the site is required to accommodate a public access easement along the southern property boundary for development of a pedestrian access path to the adjacent neighborhood park site. Thirdly, the subject property frontage on Merrydale Road is near the US 101 off -ramp and, at this location, will ultimately contain no on -street, curbside parking, unlike other portions of Merrydale Road. The granting of the Variance would permit the development of two needed but surplus, off-street parking spaces to offset the lack of on -street parking along the property frontage and the lack of street parking that is within reasonable walking distance to the site. This surplus parking could not normally be achieved given the narrowness of the property and the requirement for a public pedestrian path. ?. The granting of this Variance, which would permit the encroachment of building improvements and one guest parking space into the required 15 -foot front yard setback, will not constitute a special privilege that would be inconsistent with the limitations required of other adjacent properties within the HR 1.8 District in that: a. As noted in Variance findings 1 above, the site is unique in that it is narrower than most lots on Merrydale Road, is committed to provide a public pedestrian access path along the southern edge of the site, and is located along a portion of Merrydale Road that will ultimately contain no on -street parking. b. While the building and parking improvements can be designed to comply with the front yard setback requirement, compliance with this requirement would result in the loss of two, guest -parking spaces. Although these two 5 parking spaces are not needed to meet the City's off-street parking requirements, on -street parking is limited in this area. Therefore, the granting of the Variance provides an opportunity to maximize the amount of off-street parking that can be provided in this project. 3. The action to grant the Variance for the building encroachment into the front yard setback would not authorize a use or activity, which is not expressly authorized by the zoning regulations for the HR 1.8 District. The portion of the building encroaching within this setback would contain the front wall of a residential unit and a covered front porch, which are uses permitted in the HR 1.8 District. While the action to grant the Variance for the guest parking space encroachment within the front yard setback would authorize the establishment of a use (parking), which is not permitted within the required front yard setback per Section 14.18.200 of the Zoning Ordinance, permitting this space within this setback would provide an opportunity to maximize the amount of off-street parking on a site that is located in an area with limited on -street parking. 4. The granting of this Variance application, which would permit a reduced front yard setback to the building (13 '/z feet to building face and 11 feet to the front of the covered porch) and the encroachment of one, uncovered guest parking space within this setback (4 '/z -foot encroachment) 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 in that: a) the setback encroachments are minor and would not impact provisions for light and air to residents or to adjacent properties; and b) the resulting setback to the building and parking would be adequate so as to not impede safety or required sight distance for vehicles traveling along Merrydale Road or vehicles and pedestrians crossing, entering or leaving the subject site. BE IT FURTHER RESOLVED, that the City Council denies the appeal and upholds the Planning Commission's decision by approving the Environmental and Design Review Pen -nit and Variance subject to the following conditions: Environmental and Design Review Permit ED03-62 General Conditions Community Development Department -Planning Division 1. This Environmental and Design Review Permit (ED03-062) shall be valid for two years from the date of Planning Commission approval, and shall be null and void unless a building permit is issued or a time extension is granted. Prior to the Issuance of a Building Permit Community Development Department - Planning Division 2. The building techniques, materials, elevations and appearance of the project, as presented for approval on plans prepared by Hunt Hale Jones Architects, dated August 28, 2003 and The Gazzardo Partnership Inc., landscape architects, dated August 29, 2003, shall be the same as required for the issuance of a building permit. Minor modifications or revisions to the project shall be subject to the review and approval of the Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval of the Design Review Board and the Planning Commission. 3. Detailed final landscape and irrigation plans for the project shall be prepared and submitted for staff review and approval. This landscape plan shall include the following details: a. Street tree planting along the Merrydale Road frontage with a minimum tree planting size of 24 -inch box. The selected tree species shall be native and shall be approved by the City. New street trees shall be spaced 25 feet apart. b. The Prunus caroliniana species presented on the preliminary landscape plan shall be replaced with an Arbutis marina species. c. One tree shall be planted in the center, triangle -shaped median located at the driveway entrance. This tree shall be an evergreen species, a 24 -inch box size. d. Decorative pavement shall be installed along the common driveway, as depicted on the approved plans. The details of the pavement material and color shall be included on the final plans. e. Decorative pavement or brick shall be used to surface the guest parking space that is proposed in the front yard setback. The details of the pavement material shall be included on the final plan. f. A good -neighbor fence proposed along the northern property boundary, as depicted on the approved plans. The details of the design and materials for the fence shall be submitted with the plans. The design, construction and height of the fencing shall comply with the recommendations of the Environmental Noise Study, prepared by Charles M. Salter Associates, Inc. (8/29/03), on file with the Community Development Department. g. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture. Future growth of landscaping must be taken into consideration. h. Barrier or thorny plants may be added to those locations desired by applicant to deter access to windows or other areas. A list of barrier plants is available from the San Rafael Police Department Crime Prevention Office (415) 485-3114. i. The final landscaping and irrigation plans shall be reviewed and approved by the Marin Municipal Water District (MMWD). The landscape and irrigation plan shall be designed in accordance with the most current MMWD landscape requirements (presently Ordinance #385). j. The design improvements for the public pedestrian path along the southern property boundary shall be modified as follows: 1) The landscape strip along the Southern property boundary shall be relocated so that it is sited between the pedestrian path and the driveway. 2) Protective bollards/posts shall be installed along the northern edge of the sidewalk, within the landscaped area. A protective bollard/post shall be installed at the top of the raised sidewalk curb, opposite each garage, centered for each vehicle (two per unit). The protective bollard/post shall be five (5) feet in height and painted white. Reflective tape shall be placed at the top and at the mid-section of the bollard. 4. A detailed roof plan showing the location and type of all roof vents and roof equipment shall be submitted with the construction drawings. All roof vents and equipment shall be painted a dark color to match the roof material. A faux chimney element shall be designed to screen clustered or grouped roof vents. The final roof plan shall be reviewed and approved by the Design Review Board prior to the issuance of a building permit. 5. All mechanical equipment (air conditioning, meters and transfonners) and appurtenances not entirely enclosed within the structure (on the sides of the buildings or roof) shall be screened from public view. The method used to accomplish the screening shall be indicated on the construction drawings and approved by Planning Division staff prior to the issuance of a building permit. 6. A final exterior lighting plan shall be submitted for review and approval by the staff, which shall include the following: a. Sufficient exterior lighting to establish a sense of well-being to the pedestrian and one that is sufficient to facilitate recognition of persons at a reasonable distance. Type (lighting standard) and placement of lighting shall be to the satisfaction of the Police Department and Department of Public Works. b. Vandal -resistant garden and exterior lighting. c. A lighting standard that is shielded to direct illumination downward and to limit casting light and glare on adjacent properties. d. Exterior lighting on a master photoelectric cell, which is set to operate during hours of darkness. e. A minimum of one foot-candle at ground level overlap provided in all exterior doorways and vehicle parking areas, and on outdoor pedestrian walkways presented on a photometric plan. f. The plan shall include a note requiring a site inspection 30 days following installation and operation of the lighting. The post construction inspection by the City shall allow adjustments in the direction or intensity of the lighting, if necessary. Community Development Department — Building Division 7. The building plans shall incorporate the interior noise insulation measures recommended in the Environmental Noise Study, prepared by Charles M. Salter Associates, Inc. (8/29/03), which is on file with the Community Development Department. These measures are necessary to ensure that interior noise levels do not exceed 40 DNL in bedrooms and 45 DNL in all other rooms, as required by General 8 Plan Policy N-7 and San Rafael Zoning Code, Title 14 standards. The building plans shall also incorporate any of the recommended noise attenuation measures to be installed with the rear yard fencing to ensure that exterior noise levels in the private rear yards do not exceed 60 DNL. 8. All required school impact fees shall be paid to the San Rafael City School District and Dixie School District and verification of payment shall be submitted to City of San Rafael Building Division prior to issuance of building permit. 9. A level `B" soils report shall be submitted with the application for a building pennit(s). The design of all buildings shall comply with the recommendations presented in the geotechnical reports prepared for the project site and the requirements of subsequent geotechnical review, in addition to all applicable local, state, and federal policies, codes, and regulations, including the latest seismic safety standards. 10. The project soils engineer shall review the project grading, drainage and foundation plans for compliance with the recommendations of the project soils report and shall confirm, in writing, that the plans comply with the report recommendations. 11. An engineered site plan showing all existing and proposed site conditions shall be submitted with the application for a building permit. 12. Prior to the issuance of a building permit, the project sponsor shall pay the current Northgate traffic mitigation fee of $3,182.00 per PM peak hour trip generated. Total fees paid for eight (8) residential units shall be $22,274.00, adjusted in accordance with the "Lee Saylor Construction Cost Index." This fee is based on 7 new PM peak hour trips that would be generated by the project (one PM peak hour trip historically generated from former single-family use of the site). 13. Prior to the issuance of a building permit, the project sponsor shall pay to the City of San Rafael, the project's fair share contribution toward the future traffic signal at the intersection of Merrydale Road/U.S. 101 southbound ramp. The full cost of the intersection signal cannot be determined until final construction and engineering drawings/plans are completed and approved by Caltrans. However, it is estimated that the cost of this improvement is approximately $300,000.00, in 2003 dollars. The project would contribute approximately 1% of the expected AM peak hour growth and 1 % of the expected PM peak hour growth that would trigger the need for this signal. Therefore, the project sponsor shall be required to pay a fair share contribution to the cost of this improvement, which is estimated at $3,000.00. Once received, the City shall deposit this payment in an interest-bearing account, which is established for this signal improvement. The City shall continue to monitor the off - ramp, periodically performing a warrant analysis to determine the timing for needed signalization. Ultimate timing and installation of the traffic signal shall be approved by the State Department of Transportation (Caltrans) and subject to a Caltrans encroachment permit. 9 14. A letter shall be submitted from the Las Gallinas Valley Sanitary District confinning that a sewer allocation for this project is available. Public Works Department 15. An encroachment permit shall be required for all work in the public right-of-way. 16. An erosion control plan shall be submitted with the application for a building permit. The erosion control plan shall be based on the "Best Management Practices" (BMPs) set by the Regional Water Quality Control Board. BMPs for permanent site drainage may be included but shall not be limited to such improvements as landscape drainage swales and containment filters at the last storm drain structure on the site prior to entering the existing, public storm drainage system. The erosion control plan shall incorporate methods for controlling erosion during and after construction. 17. The site shall be "winterized" prior to October 15. Fire Department 18. A Fire Department approved Knox keyway system shall be installed in conformance with Fire Prevention Standard 202. 19. Based on California Building Code (CBC) or Fire Code requirements, an automatic fire sprinkler system shall be installed throughout the units, including the attics, conforming to NFPA Standard 13. 20. 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. Alarm systems shall be required for all units, which shall be monitored by a UL Central Station Company approved by the Fire Department and shall be issued a UL serially numbered certificate for Central Station Fire Alarms. 21. UL/SFM smoke detectors and operable bedroom windows shall be installed conforming to the CBC. 22. Fire retardant roof covering shall be required with a minimum Class "A" listing. 23. The common driveway shall be posted to identify its use as an emergency access lane to the adjacent park site. The pedestrian sidewalk curb along the southern property boundary shall be marked (signs or painted curb) as "No Parking At Any Time - Fire Lanes." 24. Addresses shall be posted for each unit and placed at the building face along the common driveway, along with one address sign for all units placed along the Merrydale Road frontage. The addresses shall be posted in a location that is easily visible to approaching emergency vehicles. The addresses shall illuminated and shall conform to Fire Prevention Standard 205. Police Department 25. The building plans shall incorporate the following door and opening security requirements and specifications: a. Exterior doors that swing outward shall have non -removable hinge pins. b. In -swinging exterior doors shall have rabbeted jambs. c. Front doors shall have a front door viewer that provides a minimum of 180 degrees peripheral vision. d. 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. e. 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 -sixteenths inches (9/16") thick. Doors leading from the garage areas to the interior of the single family residences are included in this requirement. Exterior man doors (including doors leading from garage areas into the private residences) shall have dead -locking latch device with a minimum throw of one-half inch (1/2"). A secondary lock is required and shall be a dead -bolt lock with a cylinder guard and a hardened steel throw a minimum of one -inch (1") long. Both locking mechanisms shall be keyed the same. f. Glass on exterior doors and/or any window within 40 inches of an exterior door shall be break resistant glass or glass -like material to the satisfaction of the Police Department. g. Vehicular garage doors shall have either a single locking device attached near the center of the door designed to bolt into the concrete floor or an interior hasp/lock combination affixed to both sides of the door!door frame. h. All windows within 12 feet of the ground level shall have a secondary lock mounted to the frame of the window. The lock shall have a hardened steel throw of one-half inch (1/2") minimum length. 26. Any alternative materials or methods of construction shall be reviewed with the Crime Prevention Officer before installation. 27. A secured (locked) cluster -type mail box shall be installed for mail drop off and pick- up. The location and specifications for this common mail box shall be included in the construction drawings submitted for issuance of a building pen -nit. Marin Municipal Water District (MMWD) 28. A High Pressure Water Service application shall be filed with MMWD. This application shall be accompanied by a copy of the building pen -nit application and appropriate fees. 29. The project sponsor shall comply with the MMWD rules and regulations that are in effect at the time water service is requested. During Grading and Construction Public Works Department 30. All grading and construction on the site shall comply with the construction hour restrictions of San Rafael Municipal Code Title 8, Noise Ordinance. Title 8 limits grading and construction to the hours of 7:00am and 6:00pm, Monday through Friday and 9:00am to 6:00pm on Saturday. Construction is not permitted on Sunday or City - observed holidays. Construction activities include delivery of materials, start-up of construction equipment engines, arrival of construction workers, playing of radios and other noise caused by equipment and/or construction workers arriving at or on the site 31. All construction equipment and materials shall be stored on the site. No equipment or materials shall be stored on Merrydale Road. 32. All earth and foundation work shall be completed under the direction of the project soils engineer and final construction compliance soils reports shall be submitted prior to occupancy. 33. On-site soil proposed for reuse in building areas and for landscaping shall be free of organic matter and rocks or hard fragments larger than four inches (4") in diameter and shall be observed and tested by the soil engineer prior to placement. Fire Department 34. All roadways shall be installed prior to framing. Roadways shall be at least 20 feet wide, unobstructed, and shall have an all-weather surface that is capable of supporting 40,000 pounds of gross vehicle weight. 35. All meetings with, or inspections by, the Fire Department shall require a minimum 24-hour advance appointment. Marin Municipal Water District 36. The foundation of the structures shall be completed within 120 days of the date of application for water service. Prior to the Completion of a Final Inspection for Building Occupancy Communitv Develooment Department — Planning Division 37. All landscaping and irrigation for the project shall be installed prior to building occupancy. The City may agree to accept a bond for the 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 completing the landscaping. All incomplete areas proposed for landscaping must be covered with bark or a substitute material approved by the Planning Division prior to occupancy. 12 38. The project sponsor shall be responsible for providing continual maintenance of landscaping and irrigation in all common landscape areas for a period of two years from the date of completion. During this time, the project sponsor shall be responsible for replacing all dead plantings and complete all repairs to the irrigation system, if deemed necessary. A copy of the landscape and irrigation maintenance contract with a professional landscaping service shall be submitted to the City to ensure that this service is performed throughout the duration of this initial planting period. 39. The landscape architect shall certify, in writing, that the landscaping has been installed in accordance with all aspects of the approved landscape plans, that the irrigation has been installed and been tested for timing and function, and all plants including street trees are healthy. A City inspection shall be completed once the landscaping and irrigation has been installed. Public Works Department 40. All street improvements along the Merrydale Road frontage, required as a condition of Tentative Map TS 03-005, shall be constructed and completed in accordance with the approved improvement plans and the "Uniform Construction Standards for the Cities and County of Marin." 41. All existing curb, gutter, sidewalk and street pavement along Merrydale Road that is damaged during construction shall be replaced to the satisfaction of the Public Works Department. Fire Department 42. The 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 Station Fire Alarms. Fire alarms shall comply with NFPA-72. Police Department 43. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to occupancy. Post -Construction Monitoring Communitv Development Department- Planning Division 44. Thirty (30) days following the installation and full operation of the on-site lighting (exterior and street lighting), an inspection of the lighting shall be conducted by the City. If, as a result of the inspection, adjustments in the intensity, direction or amount of lighting is necessary, the project sponsor shall be responsible for completing these adjustments. 13 Variance V03-008 1. This Variance (V03-008) shall be valid for two years from the date of City Council approval, and shall be null and void unless a building permit is issued or a time extension is granted. I, JEANNE M. LEONCINI, 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 sixth of October, 2003, by the following vote to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT/: Councilmembers: None DISQUALIFIED: casI27m.doc JE M. LEONCINI, City Clerk 14