HomeMy WebLinkAboutCC Resolution 11071 (Ranchitos Park Development Master Use Permit)RESOLUTION NO. 11071
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MASTER
USE PERMIT (UP 00-04), ENVIRONMENTAL AND DESIGN REVIEW PERMIT
(ED 00-11), VESTING TENTATIVE MAP (TS 00-02) AND TRIP PERMIT (TP 01-01)
FOR TI IE RANCHITOS PARK DEVELOPMENT AT
NORTH SAN PEDRO ROAD AND LOS RANCHITOS ROAD
(APN 179-131-01 AND A PORTION OF 179-142-3 0)
The City Council of the City of San Rafael finds and determines that:
WHEREAS, in February 2000, Signature Properties submitted planning
applications to the City of San Rafael requesting approval of Ranchitos Park, a planned
development of 134 residential units, a three -acre neighborhood park, a 0.9 -acre parcel
for development of a church gymnasium/classroom facility, maintenance of a PG & E gas
pressure facility and a wetland mitigation area, on a 17.6 -acre site at North San Pedro
Road and Los Ranchitos Road; and
WHEREAS, the applications include concurrent requests for a General Plan
Amendment (GPA 00-02), a Rezoning to Planned Development (PD) and Parks/Open
Space (P/OS) Districts (ZC 00-02), a Master Use Permit (UP 00-04), an Environmental
and Design Review Permit (ED 00-11), a Vesting Tentative Map (TS 00-02) and a Trip
Permit (TP 01-01); and
WHEREAS, upon a review of the subject applications, an Initial Study was
prepared consistent with the requirements of the City of San Rafael Environmental
Assessment Procedures Manual and the California Environmental Quality Act (CEQA)
Guidelines, finding that the proposed development had the potential to result in
significant environmental effects. As a result, a Final Environmental Impact Report
(FEIR), consisting of a Draft Environmental Impact Report volume and a Response to
Comments volume, was prepared; and
WHEREAS, the City Council has certified the Final Environmental Impact
Report (FEIR) prepared for this project by adoption of a separate resolution; and
WHEREAS, on March 26, 2002, the Planning Commission held a public hearing
on the proposed Master Use Permit, Environmental and Design Review Permit, Vesting
Tentative Map and Trip Permit, and adopted Resolution No. 02-17, recommending to the
City Council the approval of these permit applications; and
WHEREAS, on April 15, 2002, the City Council held a public hearing on the
proposed Master Use Permit, Environmental and Design Review Permit, Vesting
Tentative Map and Trip Permit, accepting all oral and written public testimony and the
written report of the Department of Community Development.
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NOW, THEREFORE BE IT RESOLVED, the City Council makes the
following findings related to the Master Use Permit, Environmental and Design Review
Permit, Vesting Tentative Map and Trip Permit:
Finding_ s for Master Use Permit
(UP 00-04)
1. The proposed residential, utility (PG &E gas pressure facility), wetland and native
grassland, and church gymnasium/classroom uses, as conditioned, are in accord
and consistent with the San Rafael General Plan 2000, as amended (GPA 00-02),
the Vision North San Rafael 2010, the objectives of the Zoning Ordinance, and
the purposes of the Planned Development (PD) and the Public/Quasi-Public (P/Q-
P) Districts in that: a) the residential, utility and creek/wetland uses would result
in an overall, average density of 9 to 10 dwelling units per acre, which would be
in the mid-range of the residential density that is permitted under the General Plan
Medium Density Residential (6.5 to 15.0 dwelling units per acre) land use
designation; b) the PD District regulations would permit the proposed residential,
utility and wetland/native grassland uses at the designated density; and c) the
church gymnasium/classroom use would result in an floor area ratio of 0.31,
which would be within the permitted floor area ratio limits of the General Plan
Public/Quasi-Public land use designation and would be an appropriate land use
for the P/Q-P District.
2. The proposed residential, utility (PG &E gas pressure facility), wetland and native
grassland areas and church gymnasium/classroom uses, together with the
conditions applicable thereto, will not be detrimental to the public health, safety,
or welfare, or materially injurious to properties or improvements in the vicinity, or
to the general welfare of the City in that a Final Environmental Impact Report
(FEIR) has been prepared and adopted for the project pursuant to the provisions
of the California Environmental Quality Act (CEQA), and the project has been
reviewed by the appropriate City departments and permitting agencies and has
been conditioned accordingly to avoid such detriment.
3. The proposed residential, utility (PG &E gas pressure facility), wetland and native
grassland uses would comply with each of the applicable provisions of the PD
District contained in the Zoning Ordinance and other applicable provisions in the
Zoning Ordinance. Likewise, the church gymnasium/classroom use would
comply with each of the applicable provisions of the P/QP District outlined in
Chapter 10 of the Zoning Ordinance.
4. The proposed project, as conditioned, includes the preservation of an existing
drainage channel and creation of 0.38 acres of new seasonal wetlands to mitigate
the loss of existing wetlands at the northwest corner of the site, as depicted on
Sheets C-5 (Site Plan), C-6 (Preliminary Grading Plan) and L-1 (Conceptual
Landscape Plan), establishing a 50 -foot wide bufferibuilding setback consistent
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with the requirements of the Wetland Overlay District of Zoning Ordinance
Section 14.13.050.
5. The proposed fill of the small, isolated seasonal wetlands totaling 0.18 acres
cannot be avoided under the proposed plan and an exception to the fill regulations
is requested pursuant to Section 14.13.040G of the Wetland Overlay District
regulations based on the finding that the total proposed area of fill (0.18 acres), is
significantly less than one acre in area and there is no net loss in quantity or
quality of wetlands because of the seasonal wetland and landscaped buffer that
would be created adjacent to the preserved drainage channel.
Finding_ s for Environmental and Desii4n Review Permit
(ED 00-11)
The project design is in accord with the San Rafael General Plan 2000 and the
Vision North San Rafael 2010 in that:
a. The project as proposed and as conditioned would preserve the existing
open drainage channel located at the northwest corner of the site, create
new on-site wetland, would provide a variation in the design, scale and
height of buildings, and would provide good vehicular access, which
would be consistent with: 1) General Plan Land Use Element Policies LU -
19 (Design Approach), LU -34 (Residential Site Design), LU -35 (Project
Design Considerations) and LU -36 (Additional Community Design Map
Considerations); 2) General Plan Natural Environment Policies NE -3
(Conservation Areas), NE -13 (Protection of Environmental Resources),
NE -14 (Wetlands), NE -15 (Wetland Buffer Areas), NE -17
(Creeks/Drainageway Setbacks); and 3) the Vision North San Rafael 2010
Natural Environment Goal A and Policies 1, 8 and 9.
b. The project as proposed and as conditioned would provide an affordable
housing component of for -sale, residential townhomes in excess of 15% of
the total project density on a housing opportunity site, which would be
consistent with General Plan Housing Element Policies H-19 (Below
Market Rate Housing in Market Rate Residential Projects), H-20
(Affordable Housing Projects), H-34 (Housing for smaller families) and
H-44 (Selection of Housing Opportunity Areas), and Vision North San
Rafael 2010 Homes for a Variety of People Goals A and B, and Policy
Development Implementation Strategy 5 (PG & E Property).
C. The project as proposed would develop and dedicate to the City a three -
acre neighborhood park site to serve the needs of the development and the
surrounding neighborhood, which would include a public pedestrian
connection to the park through contiguous property located at 127
Merrydale Road, which would be consistent with General Plan Park and
Recreation Element Policies R-1 (Park Standards), R-7 (Needs of
Neighborhood), and R-12 (Park Design) and Vision North San Rafael
2010 Policy Development Implementation Strategy 5 (PG & E Property).
d. The project as proposed would include the installation of a new storm
water drainage system to convey site run-off into a closed system designed
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to fully 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.
b. The site plan respects site features and constraints by preserving the
existing open drainage channel located at the northwest corner of the
property and preserves a large oak tree that is located at the south central
portion of the site.
C. The site plan, with modifications as recommended, provides good
vehicular, bicycle and pedestrian circulation on site and in relation to the
surrounding area. Likewise, the site plan proposes adequate on-site
parking for all uses in the development.
d. The site plan proposes a drainage plan that would intercept project runoff
and direct it into a closed, storm water drainage system that would be
designed to fully contain a 100 -year flood event.
e. The project architecture has been designed to be harmonious to the
surrounding buildings and improvements, in terms of building design and
scale. While the architecture includes some building elements that are up
to three -stories in height, this proposed condition is localized at the center
of the site, which allows other buildings in the development to transition
to one- and two -stories along the edges of the development site.
f. The materials and colors that have been selected are consistent with the
context of the surrounding area. Specifically, building materials such as
stucco, hardwood, wood trim and stone are proposed, which are materials
that are common to existing structures in the immediate neighborhood.
g. As conditioned, 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 district in which the site is
located 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;
landscaping, streetscape and common area improvements are thoughtfully
designed to complement the architecture of the buildings; and c) the project
proposes the use of high quality materials.
4. The project design minimizes adverse environmental impacts in that:
a. The existing, open drainage channel located at the northwest corner of the
site would be preserved and restored.
b. New wetlands would be created to mitigate the loss of existing seasonal
wetland areas scattered throughout the site.
C. Existing native trees on the site or close to the property borders would
either be preserved and protected or replaced in the event they are lost to
site grading.
d. The project would implement recommended street improvements to off-
site traffic impacts and would be required to pay required traffic
mitigation fees to contribute to planned, area wide traffic improvements.
e. 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.
f. The storm water drainage system proposed to serve the development has
been designed to contain 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 environmental impacts associated with development of this project
have been assessed and with the exception of cumulative air quality,
cumulative noise and cumulative traffic impacts, the project impacts can
be mitigated to less -than -significant levels with the implementation of
specific mitigation measures.
b. On-site storm water drainage improvements have been designed to divert
property site runoff so that this runoff is deposited into a new, closed
drainage system that is directed to Merrydale Road, instead of continuing
to be directed northward into the San Rafael Meadows neighborhood.
This system, as designed with pipe sizes to fully contain a 100 -year storm
event, would reduce the amount runoff and flooding that is presently
experienced in the contiguous San Rafael Meadows neighborhood.
C. The project has been designed so that the placement and heights of
buildings would maintain privacy and natural light to adjacent properties.
Findine_ s for Vestiniz Tentative Man
(TS 00-02)
1. As proposed and as conditioned, the Vesting Tentative Map, along with the
accompanying improvements and the proposed exceptions to the San Rafael
Subdivision Ordinance, would comply with the requirements and the provisions
of the Subdivision Map Act and the San Rafael Subdivision Ordinance (San
Rafael Municipal Code Title 15) in that, the individual parcels and lots would
be appropriately sized to serve their intended purpose, and the map and
improvements would satisfy the required findings cited below.
2. As proposed and as conditioned, the proposed subdivision, together with its
design and improvements is consistent with the objectives, goals and policies of
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the San Rafael General Plan 2000 and the Vision North San Rafael 2010 (as
required by Subdivision Map Act Section 66473.5) in that:
a. The map is designed to establish a separate, commonly owned site
(Parcels 14 and 15) for the purpose of preserving the existing open
drainage channel located at the northwest corner of the site and to create
new on-site wetland, which would be consistent with General Plan Natural
Environment Policies NE -3 (Conservation Areas), NE -13 (Protection of
Environmental Resources), NE -14 (Wetlands), NE -15 (Wetland Buffer
Areas), NE -17 (Creeks/Drainageway Setbacks), and the Vision North San
Rafael 2010 Natural Environment Goal A and Policies 1, 8 and 9.
b. The map is designed to establish a separate parcel for the three -acre
neighborhood park site (Parcel 12), which would be dedicated to the City
of San Rafael for permanent public park use. Likewise, conditions of map
approval require the dedication of a public access easement over the
contiguous 127 Merrydale Road site for pedestrian access to the park site
from Merrydale Road. These elements of the Vesting Tentative Map
would be consistent with General Plan Park and Recreation Element
Policies R-1 (Park Standards), R-7 (Needs of Neighborhood), and R-12
(Park Design) and Vision North San Rafael 2010 Policy Development
Implementation Strategy 5 (PG & E Property).
C. The map is designed to include the installation of a new storm water
drainage system, which would convey site run-off into a closed system
designed to fully contain a 100 -year storm event, with a majority of these
improvements either dedicated to the City of San Rafael or contained
within an easement granted to the City. This element of the Vesting
Tentative Map would be consistent with General Plan Safety Element
Policy S-13 (Flood Protection of New Development).
3. The subject property is physically suitable for the type, density and intensity of
development that is proposed in that:
a. The site and project design were reviewed by the Design Review Board,
which determined that the project is in conformance with the design
criteria established by San Rafael General Plan 2000 and the required
provisions of Zoning Ordinance Chapter 25.
b. A Final Environmental Impact Report has been prepared, which contains
information evaluating and supporting the suitability of the site for the
proposed development.
C. Adequate services and utility systems are available to serve the proposed
site, uses and improvements.
d. Adequate area is provided for the required parking and landscaping
improvements, as well as private yard and/or patio areas for all residential
units.
4. As proposed and as conditioned, the subdivision would not conflict with any
existing or required easements in that the project has been designed to properly
site and preserve the PG & E gas pressure substation, Furthermore, the project is
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designed to create new easements which would improve service to the project,
and the public neighborhood park. Specifically, dedications and/or easements are
required to accommodate access to storm water drainage facilities and
infrastructure, access for emergency vehicles, including a separate, emergency
vehicle access road and easement, and public pedestrian access to the
neighborhood park site.
5. The City has balanced the regional housing needs against the public service needs
of its residents as well as available fiscal and environmental resources and
concludes that adequate public services are available to the site based on existing
service providers expressed ability to provide service. The proposed subdivision
meets the housing needs of the City in that: a) the site is located in an urbanized
area where public services are available; b) potential impacts on site
environmental resources can be mitigated provided that required measures are
implemented; c) the project proposes to set aside over 20% of the total residential
units for low- and moderate -income households; and d) most importantly, the site
represents a housing opportunity in that it is level, the site constraints and
environmental resources are localized, the property is situated near public transit,
and the property is immediately adjacent to the former NWPRR railroad right-of-
way, which is being planned for potential, future commuter rail use.
5. The design of the subdivision, as proposed and as conditioned, addresses solar
energy needs, to the extent feasible, given site constraints, need for design
compatibility with the surrounding neighborhood and property orientation. The
proposed design and orientation of the residential units and the church
gymnasium/classroom building are appropriate for providing passive or natural
heating or cooling opportunities, to satisfy Title 24 building code requirements.
7. The proposed subdivision, as conditioned, would not result in impacts to water
quality or impacts to environmental resources in that appropriate mitigation
measures such as the development and submittal of an Erosion and Sediment
Control Plan, a dust abatement program and a Storm Water Pollution Prevention
Plan (SWPPP) are required as conditions of project approval, which must be
implemented before any grading or construction commences on the site.
S. The design of the subdivision as proposed and conditioned, is not likely to cause
substantial environmental damage, or substantial and unavoidable injury to fish,
wildlife or their habitats or cause serious health problems in that: a) the Final
Environmental Impact Report prepared for this project concludes that the site
does not contain any rare, endangered or special status species animal species, or
habitat for such species, that would be impacted by the development; and b) the
existing open drainage channel located at the northwest corner of the site would
be preserved and restored, and this site feature, in conjunction with contiguous
wetland mitigation and buffer improvements, would enhance habitat area for use
by wildlife.
Findini4s for Exceptions to Subdivision Ordinance (Title 15) Provisions
1. There are special circumstances and conditions surrounding the subject property,
which warrant the approval of the exceptions. Firstly, while the subject property
contains over 17 acres of relatively level land area, the property also contains an
open drainage channel and seasonal wetlands, which are environmental resources
that require protection and/or on-site mitigation. Secondly, the goals and policies
of the Vision North San Rafael 2010 promote the development of a neighborhood
park of ample size to serve the development and the surrounding neighborhood.
Protection of the environmental resources and planning for a three -acre
neighborhood park site can only be achieved through clustering the residential
development and deviating from the provisions of the Subdivision Ordinance.
2. The requested exceptions, as requested, are necessary for the preservation and the
enjoyment of a substantial property right of the project sponsor. Specifically, the
project sponsor is required to meet the goals and policies of the Vision North San
Rafael 2010, which include: a) a recognition that this property is a housing
opportunity site, where a variety of housing types and density are encouraged; b)
the need to develop a functioning neighborhood park on this property, which
serves the residents of the development and the surrounding neighborhood; and c)
the need to protect and/or mitigate on-site environmental resources such as the
open drainage channel located at the northwest corner of the site and the creation
of new, on-site wetland. These goals and policies cannot be achieved in the
design of a mixed use project on this site without some deviation in the
Subdivision Ordinance requirements and the granting of the exceptions that are
requested.
3. The granting of the exceptions, as requested, will not be detrimental to the public
welfare or injurious to other property in the vicinity in which the property is
situated in that: a) adequate lot sizes, setbacks and lot coverage would be provided
for each residential unit type to ensure maximum solar exposure (light) and air to
all residential units and private yard areas; b) adequate setbacks would be
provided adjacent to all roadways so that vehicle sight distance would not be
impaired; and c) adequate recreational opportunities would be provided to the
residential townhome residents, where no private recreational facilities are
provided for these units and where reduced -size private, outdoor yards and patios
are proposed for the smallest townhomes, by being immediately contiguous to the
three -acre neighborhood park site.
Findings for Trip Permit
(TP 01-01)
The traffic and circulation impacts of the Ranchitos Park Development have been
analyzed and presented in the Final Environmental Impact Report (FEIR)
prepared for this project. The FEIR concludes that the project, itself, will not
cause the traffic level of service standards, established by the San Rafael General
Plan 2000, to be exceeded on either the local streets or at critical intersections in
the area. As proposed or modified by implementation of conditions of approval,
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the project would include the installation of certain street improvements and
would be subject to required traffic mitigation fees, which would be applied to
fund planned, area wide traffic improvements. While under cumulative/build-out
conditions, the southbound, US 101/Merrydale Road off -ramp intersection would
operate at a level of service that would be below the City standard, the project
would be required to provide a fair share contribution to fund improvements
needed for the effected intersection to raise the level of service to an acceptable
level.
2. The proposed use of the bonus trips for the Ranchitos Park Development would
be consistent with the purpose of reserving and allocating such trips, as described
in the San Rafael General Plan 2000. Specifically, the San Rafael General Plan
2000 Circulation Element Policy C-6 (Bonus Trips) notes that a limited number of
non -parcel -specific trip reserves are available for high priority uses, which
include affordable housing projects and needed neighborhood -serving uses. The
Ranchitos Park Development is defined as a high priority project that would
qualify for the bonus trips in that: a) the residential development includes a below
market rate (BMR) housing component that is 20% of the total density, which is
in excess of the minimum affordable housing requirements; and b) the project
includes a three -acre neighborhood park, intended to be dedicated to the City for
public use, which is considered to be a "needed neighborhood -serving use."
3. The granting of PM peak hour trips to the subject property will not, under the
circumstances of this particular case, materially affect adversely the health or
safety of persons residing or working in the neighborhood, or be materially
detrimental to the public health or injurious to property or improvements in the
neighborhood or to the general welfare of the City in that: a) the PM peak hour
trips constitute surplus trips that were returned to the General Trip Reserve from
two fully developed sites (Terra Linda High School and former Hartzell School
site) that are in the general area of the subject property; b) the potential traffic
conditions that would result from the project have been analyzed finding that the
project traffic and assignment of the bonus PM peak hour trips to the subject
property will not change the level of service conditions at local or critical
intersections; and c) the project proposes certain street improvements, which with
the modifications required by conditions of approval, would mitigate the impacts
of new traffic generated by the project.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council,
as part of its review and consideration of the Ranchitos Park Development Vesting
Tentative Map, considered and approves the following exceptions to the San Rafael
Subdivision Ordinance Title 15), based on the findings cited above:
a. Exception to Section 15.32.010, which requires a minimum lot size of 5,000
square feet, a minimum lot width of 50 feet (60 feet for corner lots) and a
minimum lot depth of 80 feet. The exception would allow:
1) Minimum lot widths of 40 feet, depths of 79 feet and lot areas of 3,500 square
feet in Area B.
2) Minimum lot widths of 30 feet, depths of 40 feet and lot areas of 2,000 square
feet in Area C.
3) Lot dimensions that conform to the townhome siting in Area D, that include
minimum widths of 14 feet in some instances, minimum depths of 60 feet and
minimum lot areas of 862 square feet (839 square feet in one instance).
4) A number of corner lots that have widths of less than 60 feet.
b. Exception to Section 15.32.050, which requires that all lots have direct street
frontage. The exception would allow a number of the lots within this subdivision
that do not have direct street frontage, but are served by private streets.
c. Exception to Section 15.50.070 (Condominiums), which requires a minimum
street width of 24 feet. This requirement applies to the townhomes only (Area D)
and would allow the proposed 20 -foot wide curb -to -curb access ways.
d. Exception to Section 15.50.130 (Condominiums), which establishes a maximum
allowable site coverage of 35%. This requirement applies to the townhomes only
(Area D) and would allow proposed site coverage of 37%.
e. Exception to Section 15.50.140, which requires minimum setbacks from public
and private streets of 20 feet and 15 feet, respectively. This requirement applies
to the townhomes only (Area D) and would allow the proposed street setbacks,
which are less than this required amount.
f. Exception to Section 15.50.150 (Condominiums), which requires recreational
vehicle parking for condominium projects. This requirement applies to the
townhomes only (Area D) and would allow a waiver of this parking requirement.
g. Exception to Section 15.50.160 (Condominiums), which requires that minimum
of 150 square feet of screened, outdoor private area be provided for each
condominium unit. This section applies to the townhomes only (Area D) and
would allow private outdoor balconies and decks of 75 square feet for the smallest
of the townhome units (Plan 7).
h. Exception to Section 15.50.170 (Condominiums), which requires that a
condominium project include a community center or recreational facility. This
section applies to the townhomes only (Area D) and would allow a waiver of this
requirement.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
approves the Master Use Permit, Environmental and Design Review Permit, Vesting
Tentative Map and Trip Permit subject to the following conditions:
Master Use Permit
(UP 00-04)
This Master Use Permit is approved for the establishment and operation of certain
land uses on portions of a 17.6 -acre site, referred to as "Ranchitos Park," located at
North San Pedro Road and Los Ranchitos Road. The land area covered by this permit
encompasses 14.6 acres presented in the approved Development Plan, on file with the
Department of Community Development, and described as follows:
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a. The 13.7 -acres of residential land area located within the Planned Development
(PD) District established by Rezoning action (ZC 00-02).
b. The 0.9 -acre Valley Conservative Baptist Church expansion site that is located
within the P/QP (Public/Quasi-Public) District.
The three -acre neighborhood park site, as presented on the approved Development
Plan, is a permitted land use in the P/OS (Parks/Open Space) District, established by
Rezoning action (ZC 00-02). Therefore, this park is not subject to the terms and
conditions of this permit.
2. This Master Use Permit authorizes the establishment, maintenance and operation of
the following land uses for the 13.7 -acre portion of the site that is within the PD
District (ZC 00-02) and as presented on the Development Plan:
a. Detached, single-family residential homes (Areas A, B and C).
b. Attached residential townhomes (Area D).
c. PG & E gas pressure sub -station facility (Area G).
d. Creek/open drainage channel and wetland mitigation area (portions of Areas A
and B).
3. This Master Use Permit authorizes the establishment, maintenance and operation of a
gymnasium and classroom facility on the 0.9 -acre portion of the site that is within the
P/QP District (Area F) and shall be subject to the following:
a. This Master Use Permit authorizes a building area of approximately 12,400
square feet for the gymnasium and classroom use.
b. The parking lot area serving the use is approved for parking use only. All
recreational and educational activities associated with the authorized use shall be
operated within the building.
c. The church and classroom facility and use shall be occupied by and operated as an
ancillary use to the contiguous Valley Conservative Baptist Church (3 North San
Pedro Road), or its successor.
d. The gymnasium and classroom facility shall be made available to the Ranchitos
Park Development Homeowner's Association for meetings and events on a
regular basis. Failure to allow use of this facility by the homeowner's
associations shall be cause for revocation of this permit for gymnasium/classroom
use.
4. This Master Use Permit shall be valid for a period of two years, from the date of
approval by the City Council. This approval shall be null and void unless a building
permit is issued or a time extension is granted.
5. The preliminary wetland mitigation plan presented in the approved Development Plan
is approved in concept only. A detailed wetland mitigation and management plan
shall be prepared and submitted to the City for review and approval in accordance
with the Vesting Tentative Map (TS 00-02) conditions of approval. The detailed
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wetland mitigation and management plan shall be subject to a subsequent review and
approval by the Planning Commission. Prior to approval of a Conditional Use Permit
for the detailed plan, the City shall distribute the plan to the appropriate organizations
for review and comment. Any terms and conditions imposed as a result of this
subsequent review shall be incorporated into this Conditional Use Permit (Mitigation
Measures H. lb).
6. Environmental mitigation required for this project includes the requirement to
develop and implement a wetland mitigation and management plan (See Vesting
Tentative Map conditions of approval, TS 00-02). The monitoring of this mitigation
shall be required under the terms of this Conditional Use Permit, subject to the
following:
a. The wetland mitigation and management plan shall be monitored for a period of
five (5) years following completion of the mitigation improvements.
Commencing on January 1 followine the completion of the mitigation, the project
sponsor shall submit an annual report prepared by a biologist, which provides the
status on the mitigation effort, the success of the plans, as well as
recommendations and contingency measures in the event areas of the mitigation
are unsuccessful.
b. The annual report shall be reviewed by the Community Development Director
(Mitigation Measures H.1).
7. Environmental mitigation required for this project includes the requirement to
develop and implement a native grassland mitigation and management plan (See
Vesting Tentative Map conditions of approval, TS 00-02). The monitoring of this
mitigation shall be required under the terms of this Master Use Permit, subject to the
following:
a. The native grassland mitigation and management plan shall be monitored for a
period of five (5) years following completion of the mitigation improvements, or
until the grassland has been deemed successfully established. Commencing on
January 1, following the completion of mitigation, the project sponsor shall
submit an annual report prepared by a biologist, which provides the status on the
mitigation effort, the success of the plans, as well as recommendations and
contingency measures in the event areas of the mitigation are unsuccessful. The
annual report shall be reviewed by the Community Development Director
(Mitigation Measures H.2).
b. As a contingency measure, if, through monitoring, establishment of new on -
and/or off-site native grassland habitat proves unsuccessful, off-site purchase and
protection of a parcel containing existing native grassland shall be required at a
replacement ratio equal to that portion of habitat found to be unsuccessful. Such
parcel shall be identified for fee purchase or acquisition of conservation easement
within Marin County as well as with a responsible land management entity such
as the California Department of Fish and Game (CDFG) (Mitigation Measure
H.2e).
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8. The Zoning Administrator may review and approve minor amendments to the Master
Use Permit, provided that such amendments are within the use and development
limits of the PD District (ZC 00-02) and consistent with the provisions of the P/QP
District.
Environmental and Design Review Permit
ED00-11
General Conditions
Communitv Development Department -Planning Division
1. This Environmental and Design Review Permit (ED00-11) 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.
2. Unless addressed as a separate condition of project approval, the project sponsor shall
be responsible for implementing all mitigation measures presented in the Final
Environmental Impact Report, Ranchitos Park Development, dated March 2002, on
file with the Department of Community Development.
3. The Development Plan approves the project layout as presented, with residential Lots
39 through 44 being served by a private street that is no greater than 24 feet in width.
The private street shall terminate in a hammerhead or bulb turnaround designed to the
satisfaction of the Fire Department. The private street crossing over the open
drainage channel shall be designed as a free -span bridge, rather than a culvert. See
separate condition of approval for bridge design details.
Prior to the Issuance of a Building Permit
Community Develooment Department - Planniniz Division
4. Except as conditioned herein, building techniques, materials, elevations, landscaping,
infrastructure and appearance of this project, as presented for approval, shall be the
same as required for the issuance of building permits. Any future additions,
expansions, remodeling, etc. shall be subject to the review and approval of the
Planning Division.
5. Approval of this project requires the installation of off-site pedestrian access,
emergency vehicle access and utility (storm water drainage and sanitary sewer)
improvements on the contiguous property located at 127 Merrydale Road (APN 179-
142-04). This adjacent property has valid City approvals for an eight (8) unit
townhome development (ED 98-131). In order to accommodate the required off-site
improvements for Ranchitos Park, it may be necessary to modify the approved
development plans for this adjacent site. Should such modifications be deemed
necessary, City approval for a modified development plan shall be secured prior to
the issuance of the first building permit for the Ranchitos Park development.
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6. Detailed final landscape and irrigation plans for the subdivision and individual site
improvements shall be prepared and submitted for Design Review Board review and
approval. This landscape plan shall include the following details:
a. Street tree planting along the main public street and two private cul-de-sac streets
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 and landscape "bulb -outs" shall be incorporated along the largest
private street (Parcel B).
b. Modifications to the plant species list as follows:
1) Remove London Plane (sycamore) from the plant list.
2) Replace Tristania conferta (Victorian box) with Tristania laurina
(elegante).
3) Replace Liquidamber (sweet gum) with Acer rubrum (Armstrong) or
Pyrus calleryana (ornamental pear).
c. One canopy -type tree planted at a 24 -inch box size, in each private rear yard for
all homes abutting the northern, western and eastern boundary of the project.
These trees shall be installed with the subdivision landscaping and associated
improvements.
d. Front yard and street side yard landscaping to be installed by the project sponsor
on all residential lots, except the large -lot single-family residential homes sites
along the northern property border.
e. For the large -lots, a conceptual landscape plan to serve as a prototype and
guideline for installation of front yard, side yard and rear yard landscaping by the
individual lot owner (See Vesting Tentative Map conditions of approval (TS 00-
02) for timing obligations and requirements imposed on homeowner's regarding
the completion of landscaping on these lots).
f. New native trees (oaks, redwoods) shall be planted at a 2:1 ratio in the 50 -foot
buffer area bordering the wetland mitigation area and on the neighborhood park
site. In addition, a grove of native trees (oaks and redwoods) shall be planted in
the graded public right-of-way near the intersection of North San Pedro Road and
the railroad right-of-way (See separate Vesting Tentative Map (TS 00-02)
condition of approval requiring native tree replanting program).
g. Decorative pavement along private streets serving the Court Homes, along
portions of the "mews" serving the townhome units (at pedestrian crossings) and
over the new street intersection entrance at North San Pedro Road. The details of
the pavement material and color shall be submitted with the plans.
h. A good -neighbor fence shall be installed along the northern and eastern property
boundaries, bordering existing residential development. The Design Review
Board shall re-evaluate the stepped -height fence design proposed on the
Development Plan. The project sponsor shall propose and the Board shall
determine if there are alternative solutions to the fencing and rear yard
landscaping to ensure privacy to adjacent residential properties.
i. Fencing and landscape details for the PG&E gas regulator area.
14
j. The location, design and selected materials for all separate trash enclosures.
Enclosures shall be sited so that they are easily accessible but screened from view
as much as possible.
k. Landscaping shall not block or obstruct the view of any door, window, or lighting
fixture. Future growth of landscaping must be taken into consideration.
1. 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 SRPD Crime Prevention Office (415) 485-3114.
in. The landscaping plan shall be reviewed and approved by the Marin Municipal
Water District prior to the issuance of building permits. Use of reclaimed water
shall be required for irrigating landscaping on the 0.9 -acre church
gymnasium/classroom site and in all common landscape areas within the
residential development.
n. California native grasses (oatgrass, bunchgrass and purple needlegrass) shall be
incorporated into the landscape design for the entire project area to the greatest
extent possible. Seed and stock for this shall come from that collected on site as
specified in Mitigation Measure H.2b (Mitigation Measure H.2c). (See separate
Vesting Tentative Map (TS 00-02) condition of approval for timing and
procedures on seed collection).
o. The plans shall include tree protection measures to be installed around all trees to
be preserved.
p. Design and material details for the free -span bridge street crossing proposed to
serve Lots 39 through 44. The bridge face shall be surfaced in stone or a similar
material, to the satisfaction of the Design Review Board.
7. Detailed, final landscape and irrigation plans shall be prepared for the neighborhood
park site for review and approval by the Design Review Board and the City Park and
Recreation Commission. This plan shall include the following:
a. Incorporation of the public restroom building into the plaza design.
b. Final plans for the configuration of and pavement materials for the emergency
vehicle access road.
c. Final floor plans and elevations for the public restroom building and final
specifications for park furniture, play structure and equipment.
d. Fourteen (14) perpendicular (90 degree) parking spaces shall be provided along
the park frontage and shall be shown on the final site plan.
e. A bicycle parking rack shall be provided in the park plaza area and shall be sized
to accommodate parking for 15 bicycles.
f. Final lighting plan specifying the location, number and type of lighting standards
proposed for the park site.
g. Final plans for the public pedestrian access through 127 Merrydale Road (APN
179-142-04) connecting the park site with Merrydale Road. These plans shall
include, at minimum, details on how the pedestrian path and landscape
improvements will interface with the driveway and buildings proposed on this
contiguous property. The plan details shall include lighting, a four -foot -wide
pedestrian access path, public access signage at Merrydale Road and lighting.
15
The lighting standard used for this access path shall be the same as that used for
the park site. The project sponsor shall be required to provide to the City, two
additional street lighting standards to be stored and used for replacement
purposes.
h. The landscape plan shall be reviewed and approved by Marin Municipal Water
District prior to the issuance of a grading or building permit. Use of reclaimed
water shall be required to irrigate the park site.
8. The architectural plans submitted for the issuance of building permits shall be
reviewed by the Design Review Board to ensure that the following revisions and/or
details have been adequately addressed:
a. Four—sided architecture shall be required for all residential unit types (does not
need to return to Board for review).
b. Improve and include additional articulation for the church gymnasium/classroom
building, with particular attention given to the front and rear building elevations.
Design details and exterior building materials and colors shall be submitted,
including details and specifications for all window and door openings.
c. Detailed specifications for the location and design of all roof -mounted vents, attic
ventilation and equipment, as well as roof downspouts and service meters.
d. The final architectural plans shall be accompanied by the final building materials
and colors for all buildings.
9. A final exterior lighting plan shall be submitted for review and approval by the
Design Review Board, 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. No wall -mounted
lighting shall be permitted on the gymnasium/classroom building for the intended
purpose of illuminating the church parking lot.
b. All areas of the project site, except for the three -acre park site (subject to separate
condition requirements).
c. Vandal -resistant garden and exterior lighting.
d. A lighting standard that is shielded to direct illumination downward and to limit
casting light and glare on adjacent properties.
e. Exterior lighting on a master photoelectric cell, which is set to operate during
hours of darkness.
f. 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.
g. 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.
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Communitv Development Department — Building Division
10. The building plans shall incorporate noise insulation measures for all residential units
to ensure that interior noise levels do not exceed 40DNL in bedrooms and 45 DNL in
all other rooms, as required by General Plan Policy N-7 and San Rafael Zoning Code,
Title 14 standards (Mitigation Measure F.2).
11. All required school impact fees shall be paid and verification of payment shall be
submitted to City of San Rafael Building Division prior to issuance of building permit.
12. The project sponsor shall guarantee that the relocated PG&E gas regulator equipment
is sited, enclosed or shielded from the residences to the east, so as to maintain
nighttime noise level limit of 54 dBA, Leq at the nearest property line. An acoustical
analysis of this equipment shall be conducted following installation of such noise
attenuation features to ensure acceptable nighttime noise levels are achieved
(Mitigation Measure F.3).
13. A Level `B" soils report shall be submitted with the application for a building
permit(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 (Mitigation Measure B.1 a).
14. The project soils engineer shall review the project plans for compliance with the
recommendations of the project soils report and shall confirm, in writing, that the
plans comply with the report recommendations.
15. An engineered site plan showing all existing and proposed site conditions shall be
submitted with the application for a building permit.
Fire Department
16. Security gates, electronic gates or chains across driveways shall include the
installation of an approved Knox keyway system conforming to Fire Prevention
Standard 202.
17. Based on Uniform Building Code (UBC) or Fire Code requirements, an automatic
fire sprinkler system shall be installed throughout conforming to NFPA Standard 13.
Attic sprinklers shall also be required in the townhomes.
18. 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 the townhomes and the
church gymnasium/classroom buildings.
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19. Trash areas sited next to combustible buildings or openings in any buildings shall be
equipped with a fire sprinkler head.
20. Fire retardant roof covering shall be required with a minimum Class "A" listing.
21. A special permit is required to be obtained from the Fire Department based on the
specific use or conditions created by the type of occupancy. This permit application
is required to be submitted and reviewed prior to occupancy.
22. Spark arrestors shall be installed conforming to the UBC.
23. Ul,/SFM smoke detectors and openable bedroom windows shall be installed,
conforming to the Uniform Building Code.
24. An automatic fire extinguishing system shall be installed in the gymnasium/classroom
building kitchen and is required for the protection of all hood, duct, plenum and
cooking surfaces.
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. Glass sliding doors shall have a secondary type locking device to the satisfaction
of the Police Department. The secondary lock shall be a dead -bolt lock and shall
be no less than one-eighth inch (1/8") in thickness and shall have a minimum
hardened steel throw of one-half inch (1/2").
d. Front doors shall have a front door viewer that provides a minimum of 180
degrees peripheral vision.
e. Delivery doors proposed for the church gymnasium/classroom building shall have
a viewer that provided a minimum of 180 degrees peripheral vision.
f. 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.
g. 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.
1H
h. Both locking mechanisms shall be interconnected so that both may be disengaged
by turning the door knob from inside. Exterior jambs for doors shall be so
constructed or protected so as to prevent violation of the function of the strike
plate from outside. The strike plate shall be secured to the jamb by a minimum of
two screws, which must penetrate into the solid backing beyond the jamb.
i. Metal -framed glass doors shall be set in metal door jambs and shall have a dead -
bolt lock with a cylinder guard and a hardened steel throw that is a minimum of
one inch (1") long.
j. Glass on exterior doors and/or any window within 40 inches of an exterior door
shall be break resistant glass or glass -like materials to the satisfaction of the
Police Department.
k. 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.
1. 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. Permanently fixed ladders leading to roofs shall be fully enclosed with sheet metal to
a height of ten (10) feet. This covering shall be locked against the ladder with a
casehardened 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.
27. Perimeter walls, fences, trash storage areas, etc., shall be designed to prevent access
to the roof or balconies.
28. Any alternative materials or methods of construction shall be reviewed with the
Crime Prevention Officer before installation.
29. The church gymnasium/classroom building shall be wired so that police and fire
radios are able to transmit and receive from the interior of the building.
30. All residential units shall be wired for a security alarm system in the event an alarm is
required.
31. All trash enclosure areas shall be well lit and shall be equipped with a locking device.
During Grading and Construction
Public Works Department
32. 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
19
33. 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.
34. All meetings with, or inspections by, the Fire Department shall require a minimum
24-hour advance appointment.
Prior to the Completion of a Final Inspection for Building Occupancy
Communitv Develooment Department — Planning Division
35. All landscaping and irrigation for the subdivision improvements and project (except
for large -lot single-family homes and rear yards of all other single-family homes)
shall be completed 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.
36. The project sponsor shall be responsible for providing continual maintenance of
landscaping and irrigation in all common landscape areas and on the 0.9 -acre church
gymnasium/classroom site 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 through the duration of this initial planting period.
37. 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 have been installed.
38. All creek/wetland mitigation improvements proposed and required for the northwest
corner of the site shall be completed and approved by the City prior to the occupancy
of the first phase of development. See Vesting Tentative Map conditions of approval
for required plans and review (TS 00-02).
39. The three -acre neighborhood park site shall be completed and accepted by the City
for commencement of public use prior to the occupancy of the first phase of
development. See Vesting Tentative Map conditions of approval for required plans
and review (TS 00-02).
20
Communitv Development Department — Buildinia Division
40. All earthwork foundation 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.
Fire Department
41. 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
42. The address 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 8 inches in height and shall
be of a contrasting color to the background to which they are attached. The street
address numbers shall be illuminated during darkness. These addresses shall be
posted conforming to Fire Prevention Standards 205 and 205A.
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. As each phase of the development is completed and occupancies are granted, exterior
lighting shall be inspected following installation. Inspections shall occur thirty (30)
days following the installation and full operation of the on-site lighting (exterior and
street lighting). If, as a result of the inspection, adjustments in the intensity, direction
or amounts of lighting are necessary, the project sponsor shall be responsible for
completing these adjustments.
Vesting Tentative tilap
TS 00-02
General Conditions
Communitv Development Department - Planniniz Division
1. The Vesting Tentative Map (TS 00-02) shall be valid for a period of two (2) years
from the date of City Council approval, and shall become null and void unless a Final
Map has been recorded or a time extension is granted.
2. The Vesting Tentative Map shall be conditioned upon the revision of the private
street serving Lots 39 through 44. This private street shall be no greater than 24 feet
in width and shall include a hammerhead or bulb turnaround designed to the
satisfaction of the Fire Department. This revision shall be shown on the Final Map.
21
Prior to the Issuance of a Grading Permit for Subdivision Improvements or
Recordation of the Final Map, whichever occurs first
Communitv Development Department -- Planning Division
3. A qualified biologist shall survey the site for nesting raptors and other special status
wildlife species within 30 days prior to any ground -disturbing activity if construction
activities would occur during the breeding season (February 1 to August 31). Results
of the surveys shall be forwarded to the United States Fish and Wildlife Service
(USFWS) and California Department of Fish and Game (CDFG), as appropriate, and
on a case-by-case basis, avoidance procedures adopted. These may include
construction buffer areas (several hundred feet in the case of raptors) or seasonal
avoidance (Mitigation Measure HA).
4. All work proposed in the seasonal wetlands and open drainage channel must be
authorized by a permit or approval from the U.S. Army Corps of Engineers (COE),
CDFG (Streambed Alteration Agreement), and/or the Regional Water Quality Control
Board (RWQCB). Proof of permit issuance or approval shall be submitted to the City
(Mitigation Measure H.1 c).
5. The grading and construction associated with the subdivision improvements will
result in the loss of approximately 0. 19 acres of jurisdictional wetlands. A wetland
mitigation plan shall be prepared by a professional experienced in wetland
restoration/creation and submitted with the Final Map and subdivision improvement
plans (Mitigation Measure H.1b). The plan shall include the following components
and requirements:
a. A detailed survey and accurate mapping of the geographic areas that is to be
created as the new wetland. New wetlands shall be created at a 2:1 ratio for the
amount of jurisdictional waters that is lost. The created seasonal wetlands shall
occur in the west corner of the site, consisting of excavated topographic
depressions designed to fill with seasonal rainfall and local runoff. Following
excavation, they shall be seeded with appropriate native plants and then left to
establish naturally. A buffer zone of a minimum of 50 feet from the wetland
borders shall be created and preserved. As stipulated in Mitigation Measure H.2c,
native bunchgrass grassland shall be established in the buffer zone (Mitigation
Measure H.1 a).
b. Detailed plans shall be prepared to include grading, drainage/hydrologic and
planting specifications. The plans shall include specifications for fencing around
the perimeter of the wetland area. The fencing shall be a three to four -foot high
black vinyl -clad fence, which would discourage trespassing.
c. The program shall include a five-year monitoring plan (Mitigation Measure
H.1b). The project sponsor shall be responsible for monitoring the program
during the first five years to ensure that the wetland is formed and functions
successfully. The project sponsor shall be responsible for providing an annual
report to the City (for the first five years) summarizing the success of the
22
mitigation plan. See Use Permit conditions of approval for on-going monitoring
requirements (UP 00-04).
d. Prior to the approval of the plan, the City shall forward the plan to the COE,
CDFG, the RWQCB, and appropriate local environmental organizations for
review and comment.
6. A detailed tree replanting and tree protection plan shall be prepared by a professional
biologist or arborist. The plan shall be submitted with the subdivision improvement
plans and shall include the following components and requirements:
a. A detailed tree survey and accurate mapping of all existing trees with trunk
diameters of 6 inches or greater that are within the property boundary or area of
grading.
b. The existing, large oak tree located at the southern edge of the 0.9 -acre church
gymnasium/classroom parcel (Parcel 16) shall be preserved and protected. In
addition, the cluster of oak trees and the walnut tree located at the western edge of
the PG & E gas pressure substation site (Parcel 13) shall be preserved and
protected to the extent feasible.
c. All native trees located along the western property boundary shall be protected to
the extent feasible. If these trees are removed as a result of grading, they shall be
replaced at a ratio of 2:1. New trees shall be planted of varying sizes ranging from
15 -gallon to 24 -inch box.
d. For trees to be preserved, the program shall include specifications and protection
measures to be implemented during grading and construction. The measures
shall ensure that all construction activities (e.g., grading, filling, paving, etc.) shall
occur outside the drip line of all trees to be protected and preserved. The drip line
is defined as the outside edge of the tree canopy. Temporary protective fencing
shall be placed at the drip line around protected trees. The fencing shall be
maintained through the construction period.
e. The replanting program shall identify the location of all new native tree planting.
Replanting areas shall include: 1) the 50 -foot -wide wetland buffer area on the
wetland mitigation parcels (Parcels 14 and 15); 2) within the neighborhood park
site; and 3) at the southwest corner of the project site, within the North San Pedro
Road public right-of-way (east of former NWPRR right-of-way).
f. The replanting program shall include a drip irrigation system for replanted areas.
The system shall be designed so that it can be abandoned, once tree growth has
been established.
7. The grading and construction associated with the subdivision improvements will
result in the loss of up to 5.85 acres of California native grassland. As required, on-
site native grass replanting is required, where feasible, at a 1:1 ratio. For the
majority of the native grassland mitigation that is required, the project sponsor shall
purchase or secure off-site property (purchase in -fee or acquisition of a conservation
easement or right of use) that is suitable for establishing new native grassland habitat,
or enhancement of existing native grassland habitat. Proof of purchase or right of use
and local agency approvals shall be submitted to the City along with a report from a
?3
qualified biologist supporting that the site is suitable for this mitigation purpose. The
off-site property shall be of a size to accommodate a replanting ratio of 2:1 (two acres
of land purchased for one acre of grassland lost on the subject property, less that
mitigation created on the project site, per Mitigation Measures H.2c-d) for habitat lost
on the subject property (up to 5.85 acres lost). The restoration techniques shall follow
the recommendations presented in the Mitigation Monitoring and Reporting Program
prepared for the Final Environmental Impact Report Mitigation Measure H.2.b and
the measures as outlined in other required conditions of this Vesting Tentative Map
(Mitigation Measure H.2d).
8. In conjunction with condition 7, a native grassland replanting and monitoring
program shall be prepared by a professional biologist and submitted with the
subdivision improvement plans (Mitigation Measure H.2). The plan shall include the
following components:
a. A detailed survey and accurate mapping of the geographic areas of existing
grassland area to be impacted and new grassland areas to be created (both on-site
and off-site).
b. The native grassland shall be planted at a ratio of 1:1 for planting in areas of non-
native grassland on-site, and 2:1 for off-site replanting or restoring of existing
areas of native and non-native grassland areas.
c. The buffer area for the created seasonal wetlands shall be planted with native
bunchgrass grassland, seed stock and transplants for the restoration coming from
that collected on site as specified in Mitigation Measure H.2a. Planting of the two
bunchgrass species shall be done approximating the ratios currently found (90%
California oatgrass/10% purple needlegrass; 50% average total cover of both
species), accompanied with planting or native forbs in the areas between bunches.
Management techniques, such as providing mowing to mimic a natural fire
regime, shall be used to reduce competition from invasive non-native species and
aid the native bunchgrasses to become established (Dyer, 1993 and Woolfolk,
2001).
d. The program shall include a five-year monitoring plan, or until such time it is
successfully established. The project sponsor shall be responsible for monitoring
the program during the first five years to ensure that the new native grassland is
formed and functions successfully. The project sponsor shall be responsible for
providing an annual report to the City (for the first five years) summarizing the
success of the mitigation plan. See Use Permit conditions of approval for on-
going monitoring requirements (UP 00-04).
9. Prior to construction in the area of native grassland, seed shall be collected by a
qualified native plant nursery to enable continuation of the genetic stock present at
this site. For purple needlegrass, a two to four week period in mid- to late spring is
optimal for collection of mature seed. At the end of this period, seeds will be quickly
dropped from the plant with hot and dry weather. Ripe seed collection and
germination of California oatgrass seeds can be difficult, in which case transplants
may be best viable alternative. Seed collection and storage protocols shall follow
24
those outlined in Woodfolk (2001). Whole plants of both species shall be removed
intact by a qualified native plant nursery before grading and construction begins to be
later transplanted. Single bunches of California oatgrass are capable of being divided
into sections, thus providing a greater amount of propagative units. (Mitigation
Measure H.2a).
Public Works Department
10. PG&E shall provide an on-site representative to locate natural gas lines (Mitigation
Measure I.2b).
11. The project sponsor or contractor shall obtain a detailed map from PG&E depicting
the locations and depth of subsurface natural gas piping on the property. Three sets
of this map shall be submitted to the Department of Public Works for the City files
(Mitigation Measure I.2a).
12. All grading and construction work proposed within the City of San Rafael public
right-of-way shall require the approval of an encroachment permit.
13. A City of San Rafael grading permit shall be obtained for all grading and site
improvement work.
14. The contractor shall prepare a Health and Safety Plan for the site. The plan shall be
submitted to the Department of Public Works for review and approval (Mitigation
Measure I.2c).
15. A dust abatement program shall be submitted to the City prior to commencement of
grading and/or construction activities subject to review and approval of the
Community Development Department staff. The project sponsor shall require the
construction contractor to implement this dust abatement program. Elements of the
program shall include the following: (Mitigation Measure E.1).
a. Water all active construction areas at least twice daily (with recycled water, if
possible).
b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least two feet of freeboard (i.e., the minimum required space
between the top of the load and the top of the trailer).
c. Pave, apply water three times daily, or apply non-toxic soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction sites
d. Sweep daily (with water sweepers) all paved access roads, parking areas, and
staging areas at construction sites.
e. If visible soil material is carried onto adjacent public streets, the streets shall be
swept (preferably with water sweepers).
f. Hydroseed or apply non-toxic soil stabilizers to inactive construction areas
(previously graded areas inactive ten days or more).
g. Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed
stockpiles (dirt, sand, etc.).
h. Limit traffic speeds on unpaved roads to 15 miles per hour.
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i. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways.
j. Replant vegetation in disturbed areas as quickly as possible.
k. Designate a person or persons to oversee the implementation of a comprehensive
dust control program and to increase watering, as necessary.
16. A detailed soil and geotechnical investigation shall be prepared by a licensed engineer
and submitted with the application for a Final Map or grading permit. The report
shall include a subsurface investigation of site conditions (test borings), and shall be
prepared to the satisfaction of the City Engineer. The final investigation shall
incorporate the recommendations for reducing potentially -significant impacts related
to geologic hazards, ground shaking from seismic activities, expansive soils and
potential erosion from site grading. The final investigation shall include the
recommendations presented in the geotechnical investigations prepared for this
project and on file with the Department of Community Development (Mitigation
Measure B.2).
17. A final grading plan that is to accompany the subdivision improvements plans shall
be prepared and submitted with grading permit application and shall include the
following:
a. The specific amount of cut and fill material that is to be moved on the site
(estimated at approximately 14,000 cubic yards of balanced cut and fill). No
major import or export of fill material is expected from the project grading.
However, import of clean fill material for landscaping shall be permitted.
b. Retaining walls shall be a split -face or scored concrete block and shall not exceed
the heights as specified on the approved Vesting Tentative Map.
c. The final grading plan shall comply with the preliminary grading presented on the
approved Vesting Tentative Map, and shall include any inconsistencies between
the contours and numeric grade shown on the Vesting Tentative Map and the final
grading plan shall be subject to the approval of the City Engineer.
18. No mass grading shall be accomplished between October 15`x' and April 15`x' without
the approval of the City Engineer.
19. A final drainage plan shall be prepared and submitted to the City with the final
improvement plans. The plan shall be prepared by a registered civil engineer or
hydrologic engineer and shall include hydrologic and hydraulic calculations. The
final drainage plan shall be subject to the review by the Marin County Department of
Public Works, Flood Control District, and shall require the approval of the City
Engineer. The improvement plans shall address the following:
a. The plans shall show the existing drainage facilities.
b. The plans shall be designed to maintain the existing, open drainage channel at the
northwest corner of the site. Runoff from the channel shall be intercepted at the
northern property boundary and directed into the closed, storm water drainage
system designed to serve the project.
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c. The stormwater drainage plan shall be designed to collect all project runoff into a
closed system. The storm water pipes shall be sized to fully contain a 100 -year
storm event (42 -inch pipe) extending through the neighborhood park site, through
the 127 Merrydale Road site, and continuing northward on Merrydale Road to the
open channel located north of the Merrydale Road/Las Gallinas Avenue
intersection.
d. Runoff from improved areas shall be collected and conveyed to the street by
underground conduit and/or sidewalk underdrains. Drainage shall not be diverted
or concentrated onto adjoining properties or over sidewalks and driveways.
e. All concrete -lined ditches shall be natural, earth -tone colors.
f. Stenciling or similar signing/noticing shall be provided on curb inlets to prohibit
dumping of pollutants.
20. The final subdivision improvement plans shall include the following information:
a. All existing and proposed sanitary sewer facilities.
b. The gradient of all gravity sanitary sewer systems shall be designed to
accommodate predicted settlements.
c. All utilities shall be placed underground.
21. The final subdivision improvement plans shall include off-site improvements along
North San Pedro Road from Merrydale Road to the former NWPRR right-of-way
crossing, subject to the following design standards and approval of the City Traffic
Engineer (Mitigation Measure D.3):
a. The new project street intersection with North San Pedro Road shall align with
Pilgrim Way, which is located on the south side of North San Pedro Road.
b. Left turn lanes shall be designed for the westbound and eastbound approaches to
the new project street intersection.
c. A right -turn deceleration lane shall be designed for westbound traffic into the
project site.
d. A new bus turnout shall be designed for the GGBHTD bus stop.
e. The north side of the street shall be widened by five (5) feet commencing at the
new intersection, extending eastward to Merrydale Road, to accommodate a better
travel lane design and improve the roadway alignment on the west and east sides
of Merrydale Road. The street widening will accommodate a Class 3 bicycle
route along the north side of the street.
f. The improvement plans shall include a widening of the Pilgrim Way driveway
approaches with North San Pedro Road to provide a wider turning radius
(minimum 25 -foot radius).
g. The improvement plans shall be designed to maintain the on -street parking
located on the south side of North San Pedro Road (Mitigation Measure D.10).
h. The widening needed to accommodate the above improvement shall occur on the
north side of North San Pedro Road street, within the existing 100 -foot -wide
public right-of-way. This widening will require the removal of landscaping along
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the frontage of the Valley Conservative Baptist Church and the relocation of the
curb, gutter, sidewalk and overhead utility poles.
i. The center landscape median proposed at the main access road intersection with
North San Pedro Road shall be sited and designed to provide adequate vehicle
turning radii, to the satisfaction of the City Traffic Engineer.
22. The project sponsor shall submit a Stormwater Pollution Prevention Plan (SWPPP)
that is in conformance with Best Management Practices (BMPs). The SWPPP shall
include an Erosion Control Plan (ECP), which ensures that erosion occurring during
construction is minimized. The ECP shall be included in the final grading plan and
shall reference BMPs. The SWPPP and the ECP shall be prepared by a registered
civil engineer, and shall be subject to the review and approval of the City Engineer.
Treatment Control BMPs shall be included in the project including the use of
vegetated bioswales. Bioswale features shall be incorporated into the perimeter ditch
of the subdivision. Irrigation shall be completed to ensure that a consistent,
vegetative cover in the swale is maintained from bank toe to top (Mitigation Measure
C.1). The ECP shall include the following:
a. Erosion control measures for activities that span the rainy season shall be in place
before it begins.
b. Specific soil stockpile areas shall be designated within the proposed construction
areas, and soils shall not be stockpiled outside of the designated areas. Soils and
other materials shall not be stockpiled near on-site drainage courses.
c. Tarps shall be used to cover any excavation soils during the rainy period.
d. The plan shall show the methods of controlling erosion and siltation during and
after final grading.
e. After completion of grading, erosion protection shall be provided. Re -vegetation
shall be accomplished by mulching, hydro -seeding or other appropriate methods,
and shall be initiated as soon as possible after completion of grading, and before
November 1. Selection of plant materials shall consider native plantings and shall
encourage shrubs and trees as a long-term erosion control feature.
23. The construction contractor shall prepare a comprehensive traffic control plan to
address on-site and off-site construction, in accordance with professional engineering
standards. The traffic control plan shall be submitted to and approved by the
Department of Public Works and the Department of Community Development prior
to commencement of construction. Prior to approval of the plan, the City shall
forward the plan to the Golden Gate Bridge, Highway and Transportation District for
review and comment. The traffic control plan shall include the following measures:
(Mitigation Measure D.5)
a. Use haul routes minimizing truck traffic on local roadways to the extent possible.
b. Schedule construction truck trips outside of peak commute hours.
c. Limit lane closures during peak hours to the extent possible.
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d. Develop circulation and detour plans to minimize impacts to local street
circulation. This may include the use of signing and flagging to guide vehicles,
bicyclists and pedestrians through and/or around the construction zone.
e. Install traffic control devices as specified in the California Department of
Transportation Manual of Traffic Controls for Construction and Maintenance
Work Zones.
f. In advance of off-site pipeline installation and/or roadway modifications, develop
a notification program to notify private landowners adjacent to the pipeline
alignment of the schedule and duration of potential temporary disruption of access
to private driveways.
g. To minimize disruption of access to driveways to adjacent land uses along the
pipeline alignment, maintain steel trench plates at the construction site to restore
access across open trenches (if trenches are not adequately back-filled and
temporarily paved at the end of the work day). Construction trenches will not be
left open after hours.
h. Coordinate with local transit services for the temporary relocation of routes or bus
stops in work zones.
i. Secure construction work areas such that the public is not endangered as a result
of construction activities.
24. A construction logistics plan shall be submitted demonstrating how construction
conditions shall be met. The plan must be approved by the Director of Community
Development and the City Traffic Engineer, and shall include:
a. All construction activities at the site shall be limited to the hours between 7:30
AM and 5:00 PM Monday through Friday. Construction is not permitted on
Saturday, Sunday or City -observed holidays. Construction activities would
include delivery of materials, start-up of construction equipment engines, arrival
of construction workers, playing of radios and other noises caused by equipment
and/or construction workers arriving at or on the site (Mitigation Measure F.1 a).
b. Project construction activities shall not cause maximum noise levels at any point
outside of the property boundaries to exceed 90 dBA (Mitigation Measure F. lb).
c. Construction equipment shall be fitted with noise dampening devices (e.g.,
mufflers) (Mitigation Measure F.Ic).
d. A construction staging area plan shall be submitted by the project sponsor for
review and approval by the City Traffic Engineer. The staging area shall be
located at the southwest corner of the property, adjacent to the former NWPRR
right-of-way (Mitigation Measure F.1 d).
e. The construction staging area shall be kept clear of all trash, weeds, etc.
Compliance with this measure is subject to periodic field inspections by the City.
(Mitigation Measure G.1).
f. All construction materials related to the installation of the off-site improvements
shall be stored on the subject property or on the contiguous 127 Merrydale Road
site storage area and shall be fenced for screening and security.
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g. No amplified noise sources (e.g., stereo "boom boxes") shall be used in the
vicinity of residences, pre-school and church properties (Mitigation Measure
F.1 e).
h. Signs shall be posted at all construction site entrances to the property upon
commencement of project construction, for the purposes of informing all
contractors and subcontractors, their employees, agents, material men, and all
other persons at the construction site, of the basic requirements of Mitigation
Measures F.1 a -f (Mitigation Measure F.1 f).
i. The preparation and mailing of notices (e.g. postcards) to affected neighbors and
posting of notices on-site indicating the name, address and telephone number of
the developer/builder and the construction manager/foreman, name and address of
City contacts, and the appropriate traffic enforcement authority contact and phone
number.
j. The construction logistics plans shall note the penalty in the event that plan
conditions are violated (stop work order or fines), and include a commitment for
the developer/builder to educate the workers of the parking restrictions and haul
routes. The project sponsor or project contractor shall be responsible for
informing them of the penalties in the event the restrictions are violated.
25. During construction, a screened security fence approved by the City of San Rafael,
shall be placed and maintained around the perimeter of the project parcel and
removed immediately following construction work authorized by a building permit
(Mitigation Measure G.1).
26. All earth, drainage, and foundation work shall be under the direction of the project
soils engineer, and a final report shall be submitted by the project soils engineer prior
to the acceptance of the public improvements.
27. Construction activities involving removal and reinstallation of natural gas piping shall
comply with applicable PG&E standards and guidelines which incorporate federal
and state worker safety guidelines (Mitigation Measure I.1). In addition, subsurface
natural gas pipelines constructed on the project site shall be constructed to applicable
underground utility standards (Mitigation Measure B. 1b).
Utilities/Services
28. Subdivision improvement plans shall be submitted to all agencies, districts, utilities,
etc. affected by, or providing service to the development, for review and comment.
Prior to approval of the improvement plans, the project sponsor shall incorporate
design changes requested by the City Engineer as a result of said reviews.
Encroachment permit issuance shall be subject to acknowledgement of review by
required representatives, as evidenced on the improvement plans.
Prior to the Filing of a Final Map for Approval and Recordation
Communitv Development Department — Planning Division
29. The project sponsor shall record with the Final Map, a notice of Fair Disclosure,
informing future residents and property owners of the project to the potential,
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commuter rail line proposed for the contiguous railroad right-of-way. The disclosure
shall inform the residents/owners of the potential impacts of future railroad
operations, including noise impacts from the rail service and whistle (required for at -
grade crossings). This notice shall appear on the title report for each residential lot or
parcel within the development (Mitigation Measures F.5b).
30. Conditions, Covenants, and Restrictions (CC&Rs) for the residential development
shall be prepared and submitted with an application for a Final Map, and shall be
reviewed and approved by the Department of Community Development and the City
Attorney's Office prior to recordation of the Final Map. The CC&Rs shall include
the following requirements and provisions:
a. The formation of a homeowner's association (HOA).
b. Homeowner's association (HOA) responsibilities for ongoing maintenance of the
shared or common facilities and improvements including, but not limited to the
private streets, shared drainage and infrastructure improvements, commonly -
owned parcels (landscaped areas, wetland and open drainage channel) and
including those subdivision improvements located in private yard areas.
c. The CC & R's shall include provisions requiring that the initial owners of the
large -lots located along the northern property boundary be obligated to install all
front yard, side yard and rear yard landscaping on these lots within one year of
occupancy. The CC & Rs shall include the approved conceptual landscape plan
prototypical guideline for homeowner use in designing and installing lot
landscaping (see Environmental and Design Review Permit condition of approval
ED 00-11). The CC & Rs shall include provisions giving the HOA the power
and right to enforce this requirement.
d. The CC & Rs shall include provisions for HOA and individual property owner
compliance with on-going Best Management Practices (BMPs). To the extent
feasible, the HOA shall implement the following measures within all on-site
common landscaping or other common facilities, which shall be included in the
CC & Rs:
1) Materials Use Controls, which include good housekeeping practices
(storage, use and cleanup) when handling potentially harmful materials,
such as cleaning materials, fertilizers, paint, and where possible using
safer alternative products.
2) Material Exposure Controls, which prevent and reduce pollutant discharge
to storm water by minimizing the storage of hazardous materials (such as
pesticides) on site, storing materials in a designated area, installing
secondary containment, conducting regular inspections, and training
employees and subcontractors.
3) Material Disposal and Recycling, which includes storm drain system signs
and stenciling with language to discourage illegal dumping of unwanted
materials.
4) Spill Prevention and Cleanup Activities, which are directed toward
reducing the risk of spills during the outdoor handling and transport of
IE
chemicals, and toward developing plans and programs to contain and
rapidly clean up spills before they get into a storm drain system.
5) Illegal Dumping Controls, which include a prohibition on the dumping of
waste products (solid waste/liquid waste and yard trash) into storm drain
systems, open space areas, and the drainage channel.
6) Street and Storm Drain Maintenance Activities, which are activities
intended to control the movement of pollutants and remove them from
pavement through catch basin cleaning, storm drain flushing, street
sweeping, and by regularly removing illegally dumped material from the
drainage channel.
e. Provisions and regulations for use and long-term maintenance of the following:
1) Parcels 14 and 15. The open drainage channel and wetland mitigation
area. The HOA responsibility for maintenance shall not commence until
after the initial five-year monitoring period following completion of the
mitigation. The project sponsor is responsible for the initial monitoring
requirements.
2) All private streets and driveways, including landscaping and irrigation
improvements on theses streets (street trees and landscape bulb -outs).
3) Landscape median located at the public street entrance and at North San
Pedro Road.
The use and maintenance of these areas shall be the responsibility of the
homeowner's association and shall include fuel management of grassland areas
for fire protection and maintenance and access of the fire roads.
f. Restrictions and regulations for individual homeowner maintenance of building
exteriors and landscaping. Restricted paint colors and materials shall be
established in the CC&Rs with enforcement by the homeowner's association.
g. Private maintenance responsibilities of the homeowner's association(s) shall be
disclosed to potential home/lot buyers. The form of disclosure shall be submitted
with the Final Map applications and shall be subject to review and approval by the
City Attorney.
h. Provisions specifying the HOAs allowed use of the Valley Conservative Baptist
Church gymnasium/classroom building for meetings and events.
i. Requirements and provisions for professional management services or the
services of a Certified Public Accountant to oversee the homeowner's
responsibilities and budget.
31. The project sponsor shall enter into a below market rate (BMR) housing agreement
with the Marin County Housing Authority and the City prior to recordation of a Final
Map. The BMR Agreement shall be recorded concurrent with recording of the Final
Map. The agreement shall guarantee that 26 of the townhome units (20% of project
total) will be reserved for sale to low-income (six units at 50 to 80% of median) and
moderate -income (20 units at 80 to 110% of median) households as defined by the
Marin County Housing Authority. The units shall be distributed proportionate to the
three, townhome unit types approved for the development. The agreement shall
include resale restrictions and a guarantee that they be reserved for 40 years as BMR
units.
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32. The following street names are approved and shall be included on the Final Map:
a. Rancho Vista Drive (main, public street)
b. Loma Vista Drive (largest, private cul-de-sac, Parcel B)
c. Rialto Court, Estrella Court, Mar Vista Court, Rio Verde Court, La Palma Court,
Corte Ladera, Paseo De Rio, Via Del Sol, Rio De Oro Court and Calle Treno
Court (private streets and mews).
Public Works Department
33. Prior to the recordation of the Final Map, 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 all residential units and church gymnasium/classroom facility shall be
$499,574.00, adjusted in accordance with the "Lee Saylor Construction Cost Index."
This fee is based on 157 PM peak hour trips that would be generated by the project
(residential and church expansion portions of project) times a fee of $3,182.00.
34. Prior to the recordation of the Final Map, 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
intersection signalization 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 2002
dollars. The project would contribute 13.3% of the expected AM peak hour growth
and 12% 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 $36,000 to
$40,000. Once received, the City shall deposit this payment in an interest-bearing
account, which is established for this signalization 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 (Mitigation Measure D.2).
35. The project sponsor shall be responsible for installing a right -turn lane on the
southbound off -ramp at the Merrydale Road/U. S. 101. Prior to the recordation of the
Final Map, the project sponsor shall:
a. Prepare detailed plans for this right -turn lane. The plan shall be submitted to the
City and Caltrans for review and approval.
b. An encroachment permit shall be obtained from Caltrans.
c. Complete the improvements for the right -turn lane.
36. The Final Map shall show all existing and proposed easements.
37. The Final Map shall incorporate a merging of Parcel 16 (0.9 -acre church
gymnasium/classroom site) with the contiguous Lands of Valley Conservative Baptist
Church fronting North San Pedro Road (3 North San Pedro Road).
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38. The Final Map shall include the following reservations and dedications of easements,
parcels and improvements:
a. A permanent conservation area over Parcels 14 and 15 (open drainage channel
and wetland mitigation and buffer areas). The Final Map shall include the note:
"Not for Development Purposes." These parcels shall be owned in -fee and
maintained by the HOA.
b. A dedication, in -fee, of Parcel 12 (three -acre neighborhood park site) to the City
of San Rafael.
c. A public utility easement shall be offered along the frontage of all residential lots
fronting the main public street and the largest private street (Parcel B) to the
satisfaction of the City Engineer.
d. Public utility easements shall be offered along the private streets and auto courts
for dedication to the appropriate utilities and services (PG&E, among others).
Additional public utility easements may be required, as determined by the
appropriate utility service. The extent and location of such easements shall be
determined prior to the preparation of the subdivision improvement plans and the
Final Map.
e. Emergency vehicle access easements shall be recorded over Parcel 12 (three -acre
neighborhood park site). This easement shall be granted to the HOA.
f. A 20 -foot wide public utilities easement for storm water drainage and sanitary
sewer improvements and facilities, and a 6 -foot wide public access easement shall
be recorded over the contiguous 127 Merrydale Road property (APN 179-142-
04), extending from Merrydale Road to Parcel 12 (three -acre park).
g. An easement granted from Valley Conservative Baptist Church to the subdivision
HOA for access to and use of the church gymnasium/classroom facilities located
on Parcel 16 (0.9 -acre church site).
Unless as required above (a -g), all other easements deemed necessary for all existing
and proposed utilities shall be identified, to the satisfaction of the City Engineer.
Closure calculations for all easements, except the public utility easements (PUE)
located adjacent to streets, shall be submitted for review and approval by the City
Engineer.
39. A subdivision agreement, in a form acceptable to the Department of Public Works
and the City Attorney's Office, shall be prepared and executed for the construction of
all public improvements.
40. An engineer's estimate shall be submitted for the cost of the proposed improvements.
The estimate shall be subject to approval by the City Engineer.
41. Prior to the recordation of the Final Map, subdivision plan review, plan check and
inspection fees shall be paid based upon the engineer's estimate.
42. Based on the engineer's estimate, bonding, or other approved security, shall be
supplied to insure the completion of the improvements.
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During Grading and Site Preparation
Communitv Development Department — Planniniz Division
43. During construction, should any undiscovered evidence of archaeological materials
be encountered, construction in the vicinity of the find shall be halted, and a qualified
archaeologist shall be consulted to assess the significance of the find. (Mitigation
Measure K.1 a).
44. If prehistoric Native American burials are discovered, a qualified archaeologist, the
County Coroner, the California Native American Heritage Commission and local
Native Americans of Coast Miwok affiliation shall be consulted in accordance with
established requirements (Mitigation Measure K. 1b).
45. An archaeologist shall be present on the project site to monitor grading and
construction activities. Monitoring shall consist of directly watching the major
excavation process and shall occur during the entire workday, on a daily basis until a
depth of excavation has been reached at which resources could not occur. This depth
is estimated as usually about 5 feet below grade at the beginning of the project, but
may require modification in specific cases, to be determined by the monitoring
archaeologist based on observed soil conditions.
46. The construction of subdivision improvements shall be subject to all of the conditions
required for ED 00-11, which must be met or implemented during construction.
Communitv Development Department - Buildinia Division
47. The project sponsor shall be responsible for overseeing and/or ensuring that the
contractors properly implement the approved construction logistics/staging plan.
Signs shall be posted informing workers of restricted hours and fines for violations.
Public Works Department
48. All erosion control measures shall be maintained through the first winter after
completion of the construction or longer if necessary to fully stabilize the site.
Fire Department
49. Fire hydrants shall be installed, capable of supplying the required fire flow. The fire
hydrants shall be spaced at 300 foot intervals, spotted by the Fire Marshal and
installed prior to framing.
50. No parking Fire Lane signs and curb markings shall be installed for all access
roadways, parking lots, and driveway as specified by the Fire Marshal conforming to
Fire Prevention Standard 204.
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Prior to Completion of Final Inspection of Subdivision Improvements
Public Works Department
51. Prior to the acceptance of all off-site improvements, mylar "as -built" drawings and
plans shall be submitted to the City. The "as-builts" shall be accompanied by a letter
from the project engineer, which confirms that the plans reflect the improvements that
are to be installed.
52. Existing curb, gutter, and sidewalk along the project frontage on North San Pedro
Road shall be restored to its original condition if damaged during construction.
Post Construction Monitoring
53. The three -acre neighborhood park site shall be maintained by the project sponsor for
the first year following completion and acceptance by the City.
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 fifteenth day of April, 2002, by the following vote
to wit:
AYES: Councilmembers: Heller, Miller, Phillips and Vice -Mayor Cohen
NOES: Councilmembers: None
ABSENT/
DISQUALIFIED: Councilmembers: Mayor Boro (due to potential conflict of interest)
ccrs4rch.doc
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JEAq M. LEONCINI,. City Clerk