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
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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.
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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
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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
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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.
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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.
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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.
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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
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