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HomeMy WebLinkAboutCC Resolution 11195 (Jaleh Estates)RESOLUTION NO. 11195 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED98-12) AND VESTING TENTATIVE MAP (TS98-03) FOR THE JALEH ESTATES RESIDENTIAL DEVELOPMENT OFF LUCAS VALLY ROAD WEST OF U.S. HIGHWAY 101 (APN 165-220-15) WHEREAS, on November 6, 1998, Hassen Sabbaghian of Kerend, Inc. submitted applications to the City of San Rafael requesting approval of a planned development to create four residential lots for four detached single-family homes; and WHEREAS, the applications included concurrent requests for a Rezoning from Planned Development -Hillside Overlay (PD -H) District to a revised PD -H District (ZC98- 04), Environmental and Design Review Permit (ED98-12) and Vesting Tentative Map (TS98-03); and WHEREAS, upon review of the applications, a Mitigated Negative Declaration was prepared for the project, consistent with the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the City Council has approved the Mitigated Negative Declaration by adoption of a separate resolution; and WHEREAS, on September 24 2002, the City of San Rafael Planning Commission held a duly -noticed public hearing on the proposed Environmental and Design Review Permit and Vesting Tentative Map, accepting all oral and written public testimony and the written reports of the Planning Division staff; and WHEREAS, the Planning Commission recommended approval of the Environmental and Design Review Permit and Vesting Tentative Map in Resolution No. 02-48; and WHEREAS, on October 21, 2002, the San Rafael City Council held a duly -noticed public hearing on the proposed Environmental and Design Review Permit and Vesting Tentative Map, accepting all oral and written public testimony and the written report of the Community Development staff. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby approve the proposed Environmental and Design Review Permit and Vesting Tentative Map, based on the following findings and subject to the conditions of approval below: Findings Environmental and Design Review Permit 1. The project design is in accord with the San Rafael General Plan 2000, the objectives of the City of San Rafael Zoning Ordinance and the purposes of Chapter 25 in that: a) the project proposes specific building areas, site landscaping, revegetation, parking and architectural designs appropriate for the hillside setting; b) Zoning Ordinance ORIGINAI ,off' Chapter 25 — Design Criteria findings have been made below which, together with the proposed Planned Development standards implement the General Plan design policies LU -19 through LU -36; and c) the Hillside Overlay District Development Criteria contained in Zoning Ordinance Section 14.12.030 have been implemented as further discussed below. 2. The project design minimizes adverse environmental impacts through the: a. Establishment of a 2.3 -acre public open space parcel facilitating the preservation of the woodland and grassland area. b. Tree replanting at a ratio of 1:1 within the construction zone based on appropriate planting densities, which will not overcrowd the new tree plantings. The trees will be a native species, with a predominance of valley oak and blue oak. c. Provisions of private open space on each lot limiting development to a small area on all four lots to facilitate the movement of small animals and preserve vegetation. 3. The project design is consistent with all applicable site, architecture and landscaping design criteria for the Planned Development -- Hillside Overlay (PD -H) District in which the site is located in that: a) a Development Plan has been prepared for the site containing regulations which implement the applicable hillside design criteria; b) the proejct has been reviewed by the Design Review Board to ensure the project appropriately considered its hillside setting consistent with the Hillside Design Guidelines Manual and Zoning Ordinance Chapter 25 — Design Review Criteria and was recommended for approval by the Board; c) the project complies with the Hillside Overlay (-H) Zoning District standards and appropriate findings have been made that implement the design standards criteria for hillside development; d) the lot pattern takes advantage of existing site features for appropriate screening from off site and preservation of vegetation consistent with the Hillside Design Guidelines Manual Section IV.A4; e) approval of an exception to allow reduced lot sizes to facilitate clustered development has been recommended for approval by the Design Review Board as the cluster development preserves tree cover and limits grading; and f) an exception to the 18% driveway standard set forth in Subdivision Ordinance Section 15.34.030 is appropriate as it has been recommended for approval by they Fire and Public Works Departments and the Design Review Board 4. The project design would not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that the project has been reviewed by all appropriate City Departments and permitting agencies and conditioned accordingly. The potential environmental impacts of the project were assessed in the Initial Study/Mitigated Negative Declaration prepared for the project and modifications are included in the project design which reduce impacts to less -than -significant levels. Vesting Tentative Map 5. The Vesting Tentative Map, as proposed and conditioned, complies with the requirements of the Subdivision Map Act and with the City of San Rafael's Subdivision Ordinance (Title 15), in that the subdivision proposes a residential 2 density consistent with the land use designation of Hillside Residential and an exception to parcel size has been recommended to achieve the clustered development. 6. As conditioned, the proposed subdivision, together with its design and improvements, is consistent with the objectives, goals and policies and general land uses of the General Plan (as required by the Subdivision Map Act Section 66473.5) in that: a. The subdivision would create developable parcels to implement land uses and building intensities permitted under the Hillside Residential General Plan land use designation; and b. The subdivision is consistent with the General Plan in that project would maintain approximately 75% of the site in a natural state and 2.3 acres is proposed to be dedicated to the City as permanent open space. 7. The site is physically suitable for the proposed type and intensity of development based on the following: a. The site and project were reviewed by the Design Review Board, which determined that the project is in conformance with the design criteria in the General Plan and Zoning Ordinance Chapter 25. b. A Mitigated Negative Declaration was prepared for the project, 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 uses. d. Adequate area is provided for required parking and landscape improvements. 8. The design of the subdivision and proposed improvements are not likely to cause substantial environmental damage, or substantial and avoidable injury to fish, wildlife or their habitats or cause serious public health problems based on the determinations made in the Mitigated Negative Declaration and given that the proposed subdivision site has not been found to contain sensitive wildlife nor significant wildlife habitat. Mitigation measures would be implemented to reduce impacts to less -than -significant levels. 9. Approval of the proposed subdivision would not be detrimental to the health, safety or welfare of the surrounding development in that the potential environmental impacts have been assessed pursuant to the provisions of the California Environmental Quality Act (CEQA) and mitigated through the project design and conditions of approval. Conditions of Approval Environmental and Design Review Permit 1. Except as modified herein, the Environmental and Design Review Permit (ED98-12) authorizes development of the 5.99 -acre site in accordance with the Planned Development (PD -H) District approval (ZC98-04), which lists the permitted uses and development standards for development of the site and the associated Development Plan. 3 2 3 4. 5. 6. 7. 8. 9. 10 Approved uses consist of: 1) four single-family homes and associated landscaping and driveway areas; and 2) a 2.3 -acre parcel dedicated for public open space. The Community Development Director may review and approve amendments to the Environmental and Design Review Permit which are within the limits of the approved PD District (ZC98-04) and the PD -H zoning regulations. All project mitigation measures specified in the Mitigated Negative Declaration Mitigation Monitoring and Reporting Program shall be implemented. The property owner agrees as a condition of the approval of this permit to defend at his sole expense any action brought against the City because of the approval of this permit. The property owner shall reimburse the City for any court costs and attorney's fees, which the City may be required by a court to pay as a result of such action. City may, at its sole discretion, participate in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. The building techniques, materials, elevations and appearance of the project as presented for approval on plans prepared by Design Tech of Novato, California, dated September 25, 2000, shall be the same as required for issuance of a building permit. Minor modifications or revisions to the project shall be subject to review and approval of the Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the original decision making body. This Environmental and Design Review Permit shall be subject to the adopted PD zoning regulations (ZC98-04). This Environmental and Design Review Permit (ED98-12) shall be valid for two years from approval or until September 24, 2004, and shall be null and void if a building permit is not issued or a time extension granted. City review and approval of a Sign Permit shall be required for project entry signage, consistent with the Sign Ordinance regulations. All construction activities at the site shall be limited to the hours between 7:00 AM and 5:00 PM Monday through Friday. Construction is not permitted on Saturday, Sunday or on Federal holidays. Construction activities shall 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. Construction may be allowed on Saturday with the prior review and approval of the Community Development Department and notification of adjacent neighbors. (Mitigation Measure XI.d.2) A dust control program shall be submitted to the City prior to issuance of a grading permit subject to review and approval of the Community Development Department. The project construction contractor shall implement the dust control program as part of project construction activities. The program shall include, but not be limited to, the following measures: a. Water all active construction areas at least twice daily (with recycled water, if possible). b. Hydroseed or apply non-toxic soil stabilizers to inactive construction areas (previously graded areas inactive ten days or more). c. Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.). d. Replant vegetation in disturbed areas as quickly as possible. e. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. 4 f. Install wheel washers for all exiting trucks or wash off the tires or tracks of all trucks and equipment leaving the site. g. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. h. 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. i. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at construction sites. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. j. Limit vehicle speeds on unpaved roads and over disturbed soils to 15 miles per hour during construction. k. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. 1. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour. m. Limit the area subject to excavation, grading, and other construction activity at any one time. n. The above requirements (a through m) shall be posted on the final grading plans prepared for the project or on a separate construction logistics plan submitted for review and approval by the Community Development Department prior to issuance of permits. (Mitigation Measures III.b.1-5) 11. All private and public open space shall be clearly marked with orange fencing material and not disturbed during grading and construction activities. (Mitigation Measure IV d.1) 12. Fencing shall be allowed around the project perimeter and between the lots within the private open space areas if designed to allow wildlife movement within the open space areas. Applicant shall secure an Environmental and Design Review Permit for any proposed fencing, which shall be subject to the review and approval of the Community Development Department and a qualified wildlife biologist selected by the City of San Rafael. Applicant shall be responsible for any consultation fees that result from the review of any proposed fencing. (Mitigation Measure IV.d.2) 13. No disturbance of any kind shall take place above the 200-foot contour (Mitigation Measure IV.d.3) 14. The project sponsor shall pursue dedication of a 2.3-acre portion of Lot 4 to the City of San Rafael, if determined feasible. (Mitigation Measure IV d.4) 15. Trees proposed for removal shall be replaced at minimum ratio of 1:1. The total number of replacement trees shall be based upon appropriate planting densities, which will not overcrowd the new tree plantings. New trees shall be planted in new landscape areas on the ridge tops between the proposed dwellings and the existing residences. Replacement plantings shall be native species, and include a predominance of blue oak and valley oak. Prior to Final Map recordation, a tree replacement and management plan prepared by a licensed arborist shall be submitted for review and approval of the Planning Division to ensure survival of replanted trees for three years after planting. A bond shall be posted in an amount equal to the cost of tree replacement to guarantee that trees that do not survive are replanted at the end of the three-year period. All new trees shall receive irrigation for a minimum of three years. (Mitigation Measure IV.e.l) 16. All Federal and State regulatory requirements concerning the movement of SOD infected wood, debris or soil shall be complied with at the time of construction. The project sponsor shall contact the Marin County Agricultural Commissioner for current regulations. (Mitigation Measure IV.e.2.) 5 17. Fill keyways shall extend below the weak surface soils into the bedrock. Fill slopes constructed in areas of colluvium shall require removal of the colluvium and replacement with compacted fill. (Mitigation Measure VI.c.1.) 18. All surface soils in the areas of the foundations and access roads shall be excavated and recompacted as appropriate prior to constructing planned fills for roadways or buildings (Mitigation Measure VI.d.2) 19. Contractor shall provide 24 -hours advance notification to the Public Works Department and Planning Division and to all residents/property owners within 300 feet of the site when blasting will be necessary. The notice shall include anticipated hours during which the blasting will occur, and shall include a telephone number where the contractor can be reached to answer questions or to report possible problems. (Mitigation Measure XI.a. 1.) 20. Prior to commencement of grading and construction, neighbors located adjacent to the project site shall be notified in writing regarding the construction schedule before construction begins. (Mitigation Measure XI.d.1.) 21. Power construction equipment shall be turned off while not in use. All stationary noise - generating construction equipment, such as compressors, shall be located as far as practical from nearby homes and offices. (Mitigation Measure XI.d.3.) 22. Prior to issuance of a building permit, the final landscaping and irrigation plans shall be submitted to the Planning Division for review and approval. 23. All landscaping shall be installed prior to the occupancy of the homes. The City may agree to accept a bond for a portion of landscaping improvements not completed. In the event that a bond is posted for a portion of the site landscaping, it shall cover the amount estimated for completing the landscaping. All areas proposed for landscaping must be covered with bark or a substitute material approved by the Planning Division prior to occupancy. 24. The landscaping plan shall be reviewed and approved by the Marin Municipal Water District prior to issuance of building permits. 25. Prior to issuance of building permits, the project shall pay the current Northgate traffic mitigation fee of $3,182.00 per PM peak hour trip generated. Total fees paid for all four single-family homes shall be $12,728.00, adjusted in accordance with the "Lee Saylor Construction Cost Index." This fee is based on the 4 PM peak hour trips that would be generated by the project times a fee of $3182.00. 26. The staging of construction vehicles shall be done in such a way that it does not conflict with the use of the driveway and parking lot of the nearby office complex. (Mitigation Measure XV.a.1.) 27. A flag person shall be stationed at the point where the existing office -building driveway merges with the extension of the drive into Jaleh Estates. The purpose of the flag person shall be to coordinate safe passage of normal traffic through the construction site and on to Lucas Valley Road. (Mitigation Measure XV.a.2.) 28. Prior to occupancy, the applicant shall contact the Planning Division to request a final inspection. The inspection shall require a minimum 48-hour advance notice. 29. Plans submitted for a building permit shall include a plan sheet, which incorporates these conditions of approval. As an alternative, the conditions of approval shall be attached as a separate document to each set of plans. (Fire Department) 30. All roadways and driveways shall be constructed as shown on the Design Review Board approved plans and shall have an all-weather surface capable of supporting 40,000 pounds gross vehicle weight. 31 31. All roadways shall be installed prior to framing. 32. Roadway turning radius shall be not less than 35 feet. 33. An approved hammerhead or cul de sac turnaround shall be installed and be capable of accommodating Fire Department apparatus. 34. Due to the excessive driveway length, an approved driveway turnout shall be installed capable of accommodating Fire Department apparatus. 35. Fire lane signs and curb markings shall be installed for all access roadways, parking lots, and driveways as specified by the Fire Marshal conforming to Fire Prevention Standard 204. 36. Addresses shall be posted conforming to Fire Prevention Standard 205. 37. Fire hydrants shall be installed capable of supplying the required fire flow. The hydrants shall be spaced at 300 -foot intervals, spotted by the Fire Marshal, and installed prior to framing. 38. All fire hydrants shall be Jones Model 3740, installed and painted by the developer/owner, conforming to Fire Prevention Standards. 39. 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. 40. 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. 41. Due to the wildland fire interface area, fire retardant roof covering is required with a minimum Class "A" listing. 42. Spark arrestors shall be installed conforming to the UBC. 43. Water line and fire flows shall be to the satisfaction of the San Rafael Fire Department. 44. Buffer areas composed of firebreaks and/or fire retardant landscaping shall be provided between development and large open space areas. 45. Development adjacent to the public open space (Parcel A) shall be designed to minimize fire hazards to life and property, in consultation with the San Rafael Fire Department. Measures that would be relevant to the proposed project include the use of landscaping, building materials, and sprinklers. (Police Department) 46. The residences shall be wired for an alarm system in the event an alarm is required. 47. Exterior Lighting: a. All exterior lighting shall be sufficient to establish a sense of well being to the pedestrian and to facilitate recognition of persons at a reasonable distance. Type and placement of lighting shall be to the satisfaction of the Police Department. b. All garden and exterior lighting shall be vandal -resistant. c. All exterior lighting shall be on a master photoelectric cell set to operate during hours of darkness. d. The minimum of one foot-candle at ground level overlap shall be provided in all exterior doorways and vehicle parking areas. e. A minimum of one-half foot-candle at ground level overlap shall be provided on outdoor pedestrian walkways. 7 48. Barrier or thorny plants may be added to those locations desired by applicant to deter access to windows or other areas. A list of barrier plants is available from the San Rafael Police Department Crime Prevention Office. 49. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture. Future growth of landscaping must be taken into consideration. Applicant is cautioned to beware of creating a haven for homeless or transient trespassers. (Hazardous Materials -Construction Impacts) 50. Prior to issuance of a grading permit, the Marin County Environmental Health Services, Local Enforcement Agency shall review and approve the grading permit plans if it is determined that the soil material contains asbestos. 51. Any materials containing asbestos shall be removed in compliance with all applicable federal, state and local regulations and the requirements of any agency having jurisdiction. Before removal of any materials suspected to contain asbestos, the BAAQMD's Enforcement Division shall be notified to determine proper handling procedures and permit requirements. Vesting Tentative Map 52. This Vesting Tentative Map approval shall approve a four -lot residential subdivision with four residential parcels for single-family homes, and a 2.3 -acre open space parcel to be dedicated to the City of San Rafael. The Vesting Tentative Map shall be revised to include the changes to these plans noted herein and any changes required in the conditions of approval. 53. Strict compliance with all mitigation measures required by the project Mitigated Negative Declaration shall be a requirement of this Vesting Tentative Map approval. 54. A standard subdivision agreement shall be executed, by the applicant, for the construction of all public and common area site improvements prior to the recordation of the Final Map. 55. 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. 56. Prior to the approval of the Final Map, subdivision plan review and inspection fees shall be paid based upon the engineer's estimate. 57. Based on the engineer's estimate, bonding, or other approved security, shall be supplied to insure the completion of the improvements. 58. Prior to recordation of the Final Map, engineered improvement plans shall be submitted for the construction of all public and common area improvements. 59. Prior to acceptance of the subdivision improvements, mylar "as builts" for the subdivision improvements shall be submitted to the Department of Public Works. 60. A Level `B" soils report shall be submitted with the application for a grading permit. 61. The project soils engineer shall review the project plans for compliance with the recommendations of the project soils report prior to the issuance of a grading permit. 62. 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. 63. A grading permit shall be required. 64. No mass grading shall be accomplished between October 15'h and April 15'h without the approval of the City Engineer. 8 65. All construction on the project site shall comply with the latest seismic safety standards as specified in Uniform Building Code. 66. Prior to recordation of the Final Map, the developer shall pay the City in -lieu parkland fees in accordance with the provisions of City Council Ordinance No. 1558. Parkland dedication in -lieu fees are estimated to be $7,242.16 based on 1989 dollars. Adjustments to this figure may be necessary at the time of fee payment if the fair market value for parkland and associated improvements is adjusted in accordance with Section 15.38.045 of the City Subdivision Ordinance 67. Prior to any earthmoving on the project site, the project developer shall submit an erosion control plan to the City of San Rafael. Construction personnel shall implement all relevant measures of the plan during earthmoving and other construction activities. The plan shall include, but not be limited to, the following measures: a. To the extent possible, no earthmoving shall take place during the rainy season (between November 1 and April 1). 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. After completion of grading, erosion protection shall be provided. Revegetation shall be accomplished by mulching, hydroseeding 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. 68. On-site soil proposed for reuse in building areas shall be free of organic matter and rocks or hard fragments larger than 4 inches in diameter and also be observed and tested by the soil engineer prior to placement. 69. All geotechnical recommendations by John C. Hom and Herzog Associates shall be implemented. (Mitigation Measure VI.c.4) 70. A Storm Water Pollution Prevention Plan (SWPPP), which is required under NPDES for any development over one acre, shall be submitted for approval by the City Engineer prior to any construction activities. The SWPPP shall include the requirement to retain three-fourths of the first one -inch of rain on site. 71. Best Management Practices (BMPs) shall be implemented to ensure that water quality is protected. The BMPs to be implemented shall be chosen in consultation with the Regional Water Quality Control Board. The construction contractors shall train all site employees in proper construction BMPs prior to construction activity. In addition, the developer shall retain a construction manager familiar with NPDES permit requirements to monitor construction activities. 72. The developer shall implement actions and procedures established to reduce the pollutant loading in storm drain systems. The two main categories of these BMPs are "source control" and "treatment control". 73. A Notice of Intent (NOI) shall be secured from the State Water Resources Board before issuance of a grading permit. 74. An erosion control plan shall be submitted to the City for approval by the City Engineer. This plan shall be based upon BMPs. 75. Erosion control plans shall show the methods of controlling erosion and siltation during and after final grading. 9 76. 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. 77. The site shall be "winterized" and all erosion control measures shall be installed prior to the first day of October. 78. The improvement plans shall show all existing and proposed drainage facilities. 79. A hydraulics and hydrology analysis shall be provided for all drainage systems within the scope of this project. 80. The improvement plans shall show the location of all existing and proposed sanitary sewer facilities. 81. Prior to issuance of any construction permits, a letter from the San Rafael Sanitation District shall be submitted indicating that they have reviewed the plans and reports, and that the sewer connections to serve this project are available. 82. The roadways shall be constructed to the typical sections shown on the Vesting Tentative Map unless otherwise approved by the City Engineer. 83. The improvement plans shall show the horizontal and vertical alignment of all roadways. This shall be subject to the approval of the Fire Department and the City Traffic Engineer. 84. Prior to issuance of a grading permit, a Construction Management Plan shall be submitted and approved by the Community Development Department and Public Works Department. The Construction Management Plan shall include provisions for adequate water supplies on site for fire suppression during construction and Lucas Valley Road shall be videotaped or photographed prior to construction to show the existing roadway condition. 85. Existing curb, gutter, and sidewalk along the project frontage on Lucas Valley Road shall be restored to its original condition if damaged during construction. 86. All frontage improvements shall be constructed in accordance with the "Uniform Construction Standards for the Cities and County of Marin." 87. The roadway structural section shall be designed to a Traffic Index of 5. 88. The final roadway section shall be reviewed by the project soils engineer and shall be subject to the approval of the City Engineer. 89. The improvement plans shall show all existing and proposed utilities. 90. All utility services shall be underground. 91. The improvement plans shall be reviewed and signed by each of the respective utility companies. 92. Prior to the recordation of the Final Map, letters shall be submitted from each of the respective utility companies indicating that they have reviewed the Final Map for the inclusion of any necessary easements. 93. Utilities shall be provided to each of the proposed lots. 94. This Vesting Tentative Map approval shall be granted for a period of 24 months. The 24- months shall commence on the date of the final action on the map application by the City. Time extensions can be granted for 12-months. Additional extension beyond the initial 12-month extension may be granted, provided that the life of the map approval does not exceed a total of five (5) years from the initial map approval date. 95. The Final Map shall be recorded prior to issuance of building permits. 96. Storm drains in the public street shall be reinforced concrete pipe (RCP) and connected to the existing public storm drain by means of a manhole. 97. Conditions, Covenants and Restrictions (CC&R's) for the subdivision shall be submitted for review and approval by the Community Development Director and the City Attorney and shall be recorded with the Final Map. . 10 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 City Council of the City of San Rafael, held on Monday, the twenty-first day of October, 2002, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Phillips and Mayor Coro NOES: Councilmembers: None ABSENT: Councilmembers: Mi 11 er ABSTAIN: Councilmembers:None 11 Xi . JE M. LEONC I, City Clerk