HomeMy WebLinkAboutCC Resolution 10770 (Dominican Estates)RESOLUTION NO. 10770
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A TENTATIVE
PARCEL MAP (S 00-4), MASTER USE PERMIT (UP 00-30), AND ENVIRONMENTAL
AND DESIGN REVIEW PERMIT (ED 00-85) FOR A THREE LOT, SINGLE-FAMILY
RESIDENTIAL SUBDIVISION DEVELOPMENT LOCATED AT HIGHLAND AVENUE
AND DEER PARK AVENUE (DOMINICAN ESTATES)
(Intersection of Highland Avenue and Deer Park Avenue)
(APN: 015-163-02 and 04)
The City Council of the City of San Rafael finds and determines that:
WHEREAS, on July 19, 2000, planning applications submitted by Waterford Associates
requesting approval of a planned development to subdivide and develop a 6.69 acre
hillside/ridgeline parcel with three single family residences were reviewed and deemed complete
by the Community Development Department, Planning Division; and
WHEREAS, by adoption of a separate resolution the City Council has adopted a Planned
Development (PD -H) Re -zoning request (ZC 00-7) and pre -zoning for the property, which
establishes the appropriate development regulations and land use limitations for the
development; and
WHEREAS, upon review of the applications, an Initial Study/Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program was prepared for the project and
made available for public review on December 20, 2000 consistent with the requirements of the
California Environmental Quality Act (CEQA). The City Council adopted the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program by a adoption of a
separate resolution; and
WHEREAS, on January 23, 2001, the City of San Rafael Planning Commission held a
duly noticed public hearing on the proposed Tentative Parcel Map, Master Use Permit and
Environmental and Design Review Permit requests, accepting all oral and written public
testimony and the written report of the Department of Community Development staff. On a 5-0-
2 vote (Commissioners Kirchmann and O'Brien absent) recommended approval of the project.
The Commissions recommendation included additional revisions to the project conditions, which
have been incorporated into the Resolution herein.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the
Tentative Parcel Map, Master Use Permit, and Environmental and Design Review Permit based
on the following findings and conditions of approval:
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FINDINGS
Tentative Parcel Map Findings
(S 00-4)
1. The Tentative Parcel Map (S 00-4), 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: a) the ridgeline parcels are proposed at the lowest density range
established under the Hillside Residential slope table, with a minimum parcel size of 2 acres
and minimum lot width of 150 feet, no further subdivision of the parcels would be permitted,
consistent with the zoning district requirements, and the findings below have been satisfied.
2. As conditioned, the proposed subdivision, together with its design and improvements, is
consistent with the objectives, goals, policies and general land uses of the San Rafael General
Plan 2000 (as required by the Subdivision Map Act Section 66473.5) in that;
a) the subdivision will create developable parcels to implement land uses and building
intensities permitted under the Residential Hillside General Plan land use designation,
and;
b) the subdivision is consistent with open space plans and policies of the City in that the
hillside development project will maintain 62.8 -percent of the site in a natural state, with
conservation easements established on the downhill portions of the property.
3. The site is physically suitable for the proposed type and intensity of development based on
the following:
a) The project was reviewed by the Design Review Board and Planning Commission, and
Environmental and Design Review Permit findings have been made determining that the
project is in conformance with the design criteria in the General Plan, Zoning Code
Chapter 25, the Residential Hillside Design Guidelines Manual, and the Development
Standards in Zoning Code Chapter 12 — Hillside Overlay District;
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 immediately accessible to the site from Highland
and Deer Park Avenues to serve the proposed development; and
d) adequate area is provided for on-site for required parking, landscape and drainage
improvements.
4. 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 findings presented in the Mitigated
Negative Declaration, the proposed area of development does not contain sensitive habitat for
wildlife or waterways containing waterfowl. Secondly, 62.8 percent of the site would be
maintained in its natural state. Mitigation Measures are recommended as conditions of
approval to reduce potential impacts to less -than -significant levels.
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5. As proposed and conditioned, the subdivision does not conflict with any existing or required
easements in that an existing improved roadway right-of-way exists that would provide
adequate and safe access and utility connections to the newly created parcels. Furthermore,
the project would be conditioned to require annexation approval of unincorporated portions
of the site from the Marin County LAFCO prior to site development.
6. The City has balanced the regional housing needs against the public service needs of its
residents and available fiscal and environmental resources concluding that adequate public
services are available for this in -fill site based on existing service providers expressed ability
to provide service. Secondly, environmental resources can be protected, and the project
meets an identified housing need given that: a) the site is an in -fill project in an urbanized
area where public services are available; b) potential environmental impacts on the hillside
area have been mitigated, as detailed in the Mitigated Negative Declaration prepared for the
project; and c) the development is a single family residential project which is consistent with
the San Rafael General Plan, Hillside Residential Land Use Designation.
7. The design of the subdivision balances the need to create a design compatible with the
neighborhood with solar energy needs and provides, to the extent feasible, for future passive
or natural heating or cooling opportunities based on the fact that the size, shape and
topography of the parcels provide for building orientation and design which can satisfy
building code, Title 24 requirements.
8. Approval of the proposed subdivision would not be detrimental to the health, safety or
welfare of the surrounding development in that: a) there are adequate services for site
development; b) the subdivision has been designed to be sensitive to the character and
improvements of the neighborhood; and c) 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.
Master Use Permit Findings
(UP 00-30)
1. The proposed use is in accord with the San Rafael General Plan 2000, the objectives of the
Zoning Ordinance, and the purposes of the PD District adopted for the site in that: a) the
project proposes a single-family residential land use that would be consistent with the
General Plan Hillside Residential land use designation; b) the project would be consistent
with General Plan Policy LU -12, Policy LU -36 and Zoning Code Chapter 7, in that it has
been master planned and includes review of an Environmental and Design Review Permit
application for the site improvements, building design and landscaping; and, c) a Planned
District (PD) development plan has been prepared for the site containing regulations that are
consistent with the single-family residential land use regulations, and that implement the
Hillside Overlay (-H) District, the Residential Hillside Design Guidelines Manual and the
relevant General Plan Policies.
2. The proposed use, 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 given that the in -fill project has been
reviewed by the appropriate City Departments and local agencies which would serve the use,
their conditions have been incorporated into the project design or conditions of project
approval, and the project proposes development that is consistent with the City's design
standards.
3. The project complies with each of the applicable provisions of the San Rafael Zoning
Ordinance. Specifically, the proposed single-family residential use includes a Master
Environmental and Design Review Permit application and development regulations as part of
a Planned District (PD) rezoning which implements compliance with Chapter 2 —
Applicability, Chapter 7 — Planned District District standards, Chapter 12 — Hillside Overlay
District standards, Chapter 18 — Parking Regulations, Chapter 25 — Design Review Permits,
and Chapter 27 — Amendments, in that multiple development applications have been filed for
review concurrently addressing all aspects of site development, as required under Section
14.02.020.J.
Environmental and Design Review Permit Findings
(ED 00-85)
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 vegetation management, specific building areas, site landscaping, parking and
architectural designs appropriate for the hillside setting which have been included in the
proposed Dominican Estates Planned Development District re -zoning proposal (ZC 00-7); b)
Zoning Code Chapter 25 — Design Criteria findings have been made below which, together
with the proposed PD standards, implement the General Plan design policies LU -19 through
LU -36, and; c) the Hillside Overlay District Ridgeline Development Criteria contained in
Zoning Code Section 14.12.030 have been implemented as further discussed under the
additional findings for Environmental and Design Review Permit approval below.
2. The exception to the Hillside Overlay (-H) District standard, under Zoning Code Section
14.12.030 E., which is required to permit development within 100 vertical feet of a Visually
Significant Ridgeline (defined by General Plan Community Design Map A) is warranted
based on the following facts:
a. There are no site development alternatives that could avoid development of three
residences on the property within 100 vertical feet of the visually significant San
Pedro Ridgeline in that the entire site is located within a visually significant hillside,
ridgeline and landform area, as depicted on the General Plan 2000, Community
Design Map A, and the majority of the site is located within 100 vertical feet of this
prominent ridgeline.
b. The density of the development has been reduced to the minimum density of 0.5 units
per acre allowed by the General Plan land use designation density range. The Planned
Development (PD) District Ordinance adopted for the site limits the allowable density
for the project to three lots, which is reasonable given the developed character and
density of the surrounding neighborhood.
c. A reasonable economic use of the property is granted through development of the
property at the lowest permitted density, and conditions of project approval are
recommended which preclude further subdivision of the parcels.
d. The development, as proposed and conditioned, would not result in significant
adverse visual impacts due to modifications for height, bulk, design, size, location,
siting and landscaping which avoid or minimize the visual impacts of the
development as viewed from all public viewing areas given that, the proposed
building pads are located in level areas that would not require significant vegetation
removal and would remain screened by existing vegetation as well as higher
topography; the existing hillside would not be developed, thus preserving an existing
significant feature in the neighborhood; homes built on the proposed building pads
would achieve the building wall height and stepback provisions of the Hillside
Overlay Ordinance; landscaping treatments have been required for Lot 1 and Lot 2 to
minimize visual impacts from the adjacent roadways; and the design criteria
established for development within Highly Visible Ridgeline Areas, contained in
section IV.C1.2 of the Hillside Residential Design Guidelines Manual is satisfied as
discussed under finding 3 below.
3. The project design is consistent with all applicable site, architecture and landscaping design
criteria and guidelines for the Planned Development — Hillside Overlay (PD -H) District in
which the site is located in that: a) a Planned Development District — Hillside Overlay (PD-
H) zoning ordinance has been prepared for the site containing regulations which implement
the applicable hillside design criteria; b) the project 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 Code 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 thus
implements the design standards criteria for hillside development; d) the lot patterns take
advantage of the existing site features for appropriate screening and preservation consistent
with the Hillside Design Guidelines Manual Section IV.A4. Furthermore, the Hillside
Design Guidelines Manual Section IV.C1.2 criteria for development in Highly Visible
Ridgeline Areas have been met as follows: a) The homes have been subject to Environmental
and Design Review Permit approval and the Design Review Board has determined that the
homes would not detrimentally impact a highly visible ridgeline, for the reasons discussed
herein and under finding 2.d above; b) approval of an exception to permit development
within 100 feet of a ridgeline is proposed as appropriate for the hillside location and
neighborhood character, as it will not result in silhouetting of buildings above a prominent
ridgeline as viewed from public areas; c) design of building sites would be sensitive to the
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natural terrain, with visual impacts of grading minimized; d) the prominent ridgeline, existing
hillside and vegetation would be preserved as a backdrop for development with appropriate
ridgeline setbacks provided; e) new roads are not proposed and driveway grades are under
18 -percent slope; f) while multi -story homes are generally not considered appropriate for
ridgeline settings, the proposed homes are designed to limit wall heights to a maximum of
20 -feet, as required by the (-H) District and the Hillside Design Guidelines, with roof forms
and building colors that are considered appropriate for the hillside setting, and; g) fence
standards have been included in the Planned Development (PD) text which require visually -
open field -type fencing (e.g. "deer -fence") and wrought iron fencing for all fences located
outside of the development area boundaries.
4. The project environmental impacts have been addressed in the Mitigated Negative
Declaration prepared for the project, and the project design minimizes adverse environmental
impacts by minimizing site grading and tree removal; providing driveway access and off-
street parking which meets the City's design standards for maximum 18 -percent slope and
minimum width of 10 feet; providing at least two guest parking spaces for each lot which
considers the fact that parking on the adjacent streets that are sub -standard in width may not
be allowed; and proposes architecture, colors and materials, and landscaping improvements
that are appropriate for the hillside setting.
5. The project design will not be detrimental to the public health, safety or welfare, nor
materially injurious to properties or improvements in the vicinity given that: a) the project
satisfies the applicable zoning code standards; b) meets finding 3 above; and c) has been
reviewed by the Design Review Board resulting in modifications to the project, and in
particular to the landscaping and design of Lot 2, to address neighborhood concerns regarding
views of the project, provision of adequate parking on-site, and reducing the visual mass of
the buildings.
CONDITIONS OF APPROVAL
Tentative Parcel Map
(S00-4)
Planning Division
1. This subdivision approval grants subdivision of the property into three lots, with a minimum
lot size of 2 acres, as shown on the plan entitled Tentative Parcel Map Dominican Property
(Sheet 3), prepared by Oberkamper and Associates on 10-23-00. This approval is valid for a
period of two years from the date of approval by the City Council, unless an extension is
granted. Prior to expiration, the applicant may apply for an additional one-year time
extension.
2. The 1.28 -acre portion of the properly shall be annexed prior to filing an application for Final
Parcel Map approval.
3. Any outstanding Planning Division application processing fees shall be paid prior to approval
of the Final Parcel Map, including the State Fish and Game fee for filing a Notice of
Determination with the County Recorder.
4. This Tentative Parcel Map shall approve a three (3) lot subdivision as shown on the
subdivision design and improvement plans listed in the Environmental and Design Review
Permit (ED 00-85) conditions. No further subdivision of the lots is permitted pursuant to the
applicable Zoning District and General Plan permitted density and lot sizes, which limit the
density to three lots with a minimum size of two -acres.
5. Development of the lots shall be subject to the Planned Development (PD) District zoning
(ZC 00-7) adopted for the site, the Hillside Design Guidelines criteria and Environmental and
Design Review Permit approval. Development areas shall be as indicated on the site plans
approved as part of the Environmental and Design Review Permit approval (ED 00-85).
6. Any undeveloped parcel shall be maintained for fire and weed control, and shall be kept in a
clean and orderly fashion at all times.
7. Adjustment of the development areas established under ED 00-85 shall be allowed subject to
Environmental and Design Review Permit approval, provided that the PD District "Natural
State" and "Tree Preservation" requirements continue to be met.
8. Lot line adjustments between parcels may be permitted provided that each lot maintains a
minimum lot size of 2.0 acres and continues to meet the natural state requirements following
adjustment.
9. A Conservation Area, or other appropriate designation, shall be shown on the Final Parcel
Map covering the downhill slope and areas not within the development area boundaries, as
indicated on the plans submitted for approval prepared by Oberkamper and Associates, Civil
Engineers. This area shall remain in a natural state with native landscaping and hillside
slopes preserved and maintained. A deed restriction shall be recorded against each property
identifying the restricted uses of this area, which includes the following:
a) No activities or development with structures, improvements, paved areas, or ornamental
landscaped yard or garden areas may occur within the conservation area, except for
extension of utility and drainage improvements, maintenance and removal of vegetation
as recommended in the Dominican Heights Fire Management Plan, installation of fences
and tree removal and replacement as permitted under the Planned Development District
zoning adopted for the site.
b) Maintenance of existing trees, shrubs and grasses not addressed in the vegetation
management plan is permitted, however, trees are not permitted to be removed without an
arborist report which shows that the tree is not in good health and structure, or presents an
undue hazard, and will be replaced at a ratio of 3:1. Diseased eucalyptus trees shall not
require 3:1 replacement.
The City Attorney and Community Development Director shall approve the form and content
of the final designation and deed restriction language prior to approval of the final parcel
map. The Deed Restriction shall be recorded with the Final Parcel Map.
10. The developer shall enter into a water main extension agreement with the Marin Municipal
Water District (MMWD) to extend water services to the parcels from the intersection of
Highland and Deer Park Avenues prior to the recordation of the Final Parcel Map.
11. Site debris and construction waste shall be disposed of properly and removed from the site at
regular intervals. Dumpsters and debris piles should be emptied/removed weekly, as
necessary, to maintain the site in an orderly and safe manner.
12. Pursuant to Mitigation Measure VHI.d.2, a CC&R shall be recorded with the deed for each
lot describing to the prospective owner(s) the routine maintenance responsibilities of the
stormwater drainage detention system. The CC&R language and format shall be submitted to
the Community Development Director and City Attorney for review and approval prior to
issuance of building permits.
13. Pursuant to Mitigation Measure XV.d.1, large and oversize construction vehicles shall follow
the designated haul route of Summit Avenue to Point San Pedro Road, or as otherwise
directed by the City Traffic Engineer during non -peak traffic hours.
14. Pursuant to Mitigation Measure X.V.d.2, traffic control personnel shall be employed to direct
traffic when partial road blockages are required for work in the public right-of-way.
15. All subdivision improvement activities shall be limited to between 8 AM and 5 PM, Monday
through Friday. No site preparation, deliveries or other construction related activity shall
occur outside these hours or on weekends and City observed holidays. Construction
activities include delivery of materials, start-up of equipment, arrival of workers, playing of
radios and other noises caused by equipment or construction workers arriving at or on the
site.
16. Construction staging for the subdivision improvements shall be on-site.
17. A Construction logistics plan must be submitted with the Final Parcel Map application or
prior to the issuance of a grading permit, whichever occurs first. The plan must be approved
by the Director of Community Development and the City Traffic Engineer, and shall include:
a) 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
developeribuilder and the construction manager/foreman, name and address of City
contacts, and the appropriate traffic enforcement authority contact and phone number;
b) posting street frontages with temporary signs during construction prohibiting
construction -related parking. Signs should note that violators will be cited and/or a stop
work order will be issued;
c) posting of signs along Summit Road 1-2 weeks prior to the start of grading informing the
public of the off -haul route and timing for export of fill material. Notices should also be
mailed to the property owners in the area 2 weeks before the commencement of grading;
d) posting of signs and personnel to direct traffic in the event of temporary road closures at
the Highland Avenue, Summit Avenue and Palm Avenue, and
e) require a Phase I grading/clearing on each lot to accommodate on-site parking and staging
before any site grading and construction commences.
The construction logistics plans should note the penalty is 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. Education shall include
informing them of the penalties in the event the restrictions are violated.
18. Driveways shall be at least 15 feet wide and not exceed 18 -percent slope. A minimum of two
guest parking spaces shall be accommodated on-site.
19. Pursuant to Mitigation Measure V.b.1, in the event that archaeological features, such as
concentrations of artifacts or culturally modified soils deposits including trash pits older than
fifty years of age, are discovered at any time during grading, scraping, or excavation within
the property, all work should be halted in the vicinity of the find, the Planning Division shall
be notified, and a qualified archaeologist should be contacted immediately to make an
evaluation. If warranted by the concentration of artifacts or soils deposits, further work in the
discovery area should be monitored by an archaeologist.
20. Pursuant to Mitigation Measure V.d.1, if human remains are encountered during grading and
construction, all work must stop in the immediate vicinity of the discovered remains and the
County Coroner and a qualified archaeologist must be notified immediately so that an
evaluation can be performed. If the remains are deemed to be Native American and
prehistoric, the Coroner must contact the Native American Heritage Commission so that a
"Most Likely Descendant" can be designated.
Building Division
(Plans, Permits and Agreements)
21. Prior to the recordation of the Parcel Map, engineered improvement plans shall be submitted
for the construction of all public and private improvements.
22. A standard Subdivision Agreement shall be executed by the developer and the City for any
required public off site and private common area improvements, prior to the recordation of
the Parcel Map.
23. A Sewer Main Extension Agreement shall be executed by the developer and the San Rafael
Sanitation District prior to the recordation of the proposed Parcel Map.
24. An engineer's estimate shall be submitted for the cost of the proposed improvements. The
estimate shall be subject to the approval of the City Engineer.
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25. Based on the engineer's estimate, bonding, or other approved security, shall be supplied to
insure the completion of the improvements.
26. Prior to the recordation of the Parcel Map, plan check and inspection fees shall be paid based
on the engineer's estimate.
27. The developer shall pay parkland dedication in -lieu fees estimated in the amount of
$5,432.00, in 1989 dollars, prior to recordation of the Final Parcel Map. Adjustment to this
figure may be required pursuant to Section 15.38.045 of the Subdivision Ordinance.
28. The existing utility lines and poles located along the Highland Avenue roadway in front of
Lot 1 and Lot 2 and a portion of the roadway along Deer Park Avenue in front of Lot 3, past
the intersection of Highland and Deer Park Avenues, shall be placed underground by the
developer, as agreed to by the project applicant.
(Grading)
29. A level `B' soils report shall be submitted with the application for a grading plan.
30. Grading plans shall show all proposed and existing contours as well as proposed drainage
improvements.
31. The project grading and drainage plans shall be reviewed and approved by the project soils
engineer.
32. All earthwork shall be done under the supervision of the project soils engineer; and a final
construction report shall be submitted prior to the release of any bonds or other securities.
33. No mass grading shall be done from October I" through April 15th.
34. All cut and fill slopes shall be contour graded and rounded to provide a natural looking slope.
35. The slides identified in the preliminary soils report shall receive drainage improvements
and/or other mitigation measures as recommended by the soils engineer.
36. The final grading plans shall be prepared in accordance with the recommendations of the
soils report titled " Geotechnical Investigation Proposed Residential Development Highland
and Deer Park Avenues San Rafael, California" by Kleinfelder Inc., dated April 10,2000.
37. Pursuant to Mitigation Measure VI. a.1, the potential landslide in the "central drainage swale"
(Lot 2) shall be mitigated by removal of any unconsolidated materials within the area and
replacement with a buttress fill keyway. This slide area and any other areas disturbed by
grading, including previously graded areas located outside of the development areas, shall be
restored using contour grading techniques and re -vegetation with native plantings to match
the existing natural condition. These techniques and detailed specifications for this repair
shall be shown on the subdivision improvement plans. All work shall be performed in
compliance with recommendations contained in the Geothechnical Investigation prepared for
the site by Kleinfelder, and as required under the Uniform Building Code.
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(Erosion)
38. An erosion control plan shall be submitted for approval by the City Engineer.
39. Erosion control plans shall show methods of controlling erosion and siltation during and after
grading.
40. The site shall be "winterized" and all erosion control measures installed prior to the first day
of October. Erosion control methods shall be maintained throughout the winter season.
41. Erosion control measures shall be consistent with the "Best Management Practices" of the
Regional Water Quality Control Board.
(Storm Drainage)
42. The subdivision improvement plans shall show all existing and proposed drainage facilities.
43. Each individual lot shall be constructed to properly drain to the street or to an established
drainage facility.
44. Pursuant to Mitigation Measure VHI.d.1, subdivision improvement plans submitted for the
Final Parcel Map shall include improvement plans for the drainage facilities proposed on the
approved project civil plans, which shall be designed and installed pursuant to the
recommendation of the drainage report prepared by Oberkamper & Associates (Drainage
Report Dominican Estates), 6/17/00, on file with the Department of Community
Development, to accommodate drainage runoff anticipated with the development of each
parcel.
(Sanitary Sewer)
45. The improvement plans shall show the location of all existing and proposed sanitary sewer
facilities.
46. Each of the proposed lots shall be served by an individual 4" sanitary sewer lateral.
47. Any work in the public right-of-way requires an encroachment permit.
48. All San Rafael Sanitation District maintained sanitary sewer lines shall be constructed within
the street right-of-way.
49. Sanitary sewer plans shall be reviewed and approved by the San Rafael Sanitation District.
50. All gravity sanitary sewers shall be air and mandrel tested prior to acceptance of the work.
(Utilities)
51. The improvement plans shall show all existing and proposed utilities. All utility services
shall be under ground.
Public Works Department
52. The project shall employ best management practices (BMP's) during site construction and
grading. A standard BMP sheet shall be attached to construction plans submitted for building
permit.
53. Given the site size is in excess of five -acres, a notice of intent (NOI) shall be filed with the
California Regional Water Quality Control Board (RWQCB) prior to issuance of site grading
permits.
54. A stormwater pollution prevention program permit (SWPPP) shall be obtained for site
development, as required by the RWQCB.
Master Use Permit
(UP00-30)
Planning Division
1. This Master Use Permit shall approve use of the property as described in the Dominican
Estates Planned Development District, which permits three (3) -single family residential
dwellings on three (3) separate parcels and associated accessory uses and structures. No
further subdivision of the property to permit development of additional single family
residences shall be permitted.
2. Any revisions to the proposed uses covered under the Master Use Permit shall be subject to
review and approval by the Community development Department, Planning Division.
3. The Master Use Permit shall be subject to adoption of a Planned Development (PD) Re-
zoning of the property, as proposed under ZC 00-7.
4. Development of the property shall be subject to review and approval of an Environmental
and Design Review Permit by the Community Development Department, Planning Division.
Plans shall be reviewed for consistency with the adopted Planned Development District
Zoning, as well as the Hillside Design Guidelines and Hillside Overlay District regulations.
5. Accessory structures and uses typical of single family residential development shall be
permitted subject to any limitations established under the Planned Development District
Ordinance adopted for the site.
6. Fencing and entry features shall not obstruct sight distance at driveways.
7. Any pools installed on-site shall be plumbed to the sanitary sewer.
8. This Master Use Permit shall run concurrently with the tentative parcel map (S 00-4). If the
tentative map expires, this Master Use Permit shall also expire. The final Parcel Map shall
be recorded prior to site development.
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Environmental and Design Review Permit
(ED 00-85)
General Project Conditions
Planning Division
1. Project plans submitted for building permit and site development shall conform with the
building techniques, materials, elevations and appearance of this project, as presented for
approval. Any future revisions, additions, expansions, remodeling, etc., shall be subject to
the review and approval of the Community Development Department, Planning Division.
Approved design plans, exhibits and reports which are on file with the Department of
Community Development include:
a) Contextual Map Dominican Estates, Sheet 1 of 4, Oberkamper and Associates, 5-00
b) Boundary and Topographic Map Dominican Property, Sheet 2 of 4, Oberkamper and
Associates, 6-00;
c) Tentative Parcel Map Dominican Property Sheet 3 of 4, Oberkamper and Associates, 10-
23-00;
d) Preliminary Grading and Site Plan Dominican Property, Sheet 4 of 4, Oberkamper and
Associates, 10-23-00;
e) Landscape Plan, Sheet L-1, Pedersen Associates, 10/4/2000;
f) Landscape Plan, Sheet L-2, Pedersen Associates, 12/14/2000;
g) Landscape Plan, Sheet L-3, Pedersen Associates, 10/4/2000;
h) Dominican Heights Natural State/Developed Area, Pedersen Associates, 12/22/2000;
i) Dominican Heights Cut and Fill, Pedersen Associates, 12/22/2000;
j) (Floor Plans and Elevations) Dominican Heights Waterford Associates, Sheets DR 1
through DR 10, Hunt Hale Jones Architects, 9/18/00;
k) Exterior Materials and Colors boards prepared by Hunt Hale Jones Architects for Lot 1,
Lot 2 and Lot 3;
1) Dominican Heights Lot 1, Lot 2 and Lot 3 Supplemental Information, Light Fixture
selection and Sectional Retaining Wall, by Pedersen Associates 9/13/00;
m) (Photomontage) Dominican Heights, Lot 2;
n) Landscape Fires Dominican Heights Fire Management Plan, 10/18/00;
o) MacNair & Associates Dominican Property Subdivision Tree Evaluation, June 15, 2000;
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p) Oberkamper & Associates Drainage Report Dominican Estates, 6/17/00;
q) Diane L Renshaw Consulting Ecologist, Deer Park — Highland preliminary environmental
constraints analysis, 2/15/00;
r) Colors and materials boards showing the following treatments:
Lot 1— Composition Shingle Roof (Elk Prestique: Sablewood, e.g. dark gray/black,
color), Wood Shingle Siding (KM 0142 Semi -Transparent Varnish: Beachwood Grey
color), Painted Wood Trim (KM AC65-N: Wild Planet, e.g. dark forest green color), and
white Andersen Windows;
Lot 2 (revised December 2000) — Concrete Tile Roof (US Tile: Old World Blend, e.g.
dark red -orange color), Stucco Siding (Sherman -Williams SW2024, Gobi Beige, e.g.
medium/dark beige —gray color), Painted Wood Trim (KM 0137 Semi -transparent
varnish: Cordovan Brown, e.g. dark brown wood color), Marvin Evergreen color
Windows with decorative black iron
Lot 3 — Imitation Slate Roof (Nardi -slate: # 210 Pewter Gray/#280 Sierra Brown, dark
colors, with copper "ogee" gutters), Stucco siding (La Habra X-820: Silverado, e.g.
medium gray color), Painted Wood Trim (KM690-D: Dolphin, e.g. dark gray color), and
Andersen Windows: Sandstone color).
2. Any fencing installed on the properties shall conform to the fence plan attached to the
Development Plan (Dominican Estates Planned Development District), which indicates that
solid wood fencing may be permitted around yard areas within the development areas, with
open view fencing such as decorative wrought iron in the front of the property and/or box
wire deer fencing permitted within the conservation easement. Fencing shall not cause
inadequate vehicle sight distance to occur at driveways and roadways.
3. Driveway and residential lighting shall be shielded downward and shall not produce undue
glare off-site. Light fixtures on freestanding poles or structures in excess of 7 -feet in height
shall require Environmental and Design Review Permit approval to ensure this standard is
met. All lighting shall be subject to final approval prior to issuance of building permits.
4. Pursuant to Mitigation Measure IV.e.1, removal of significant trees (i.e. any tree in good
health and form with 12 -inch or greater trunk diameter or any oak tree with 6 -inch or greater
trunk diameter) shall require replacement plantings with 15 -gallon minimum size native or
compatible trees at a ratio of 1:1 for removal of non-native tree growth (e.g. eucalyptus) and
at a minimum ratio of 3:1 or higher for removal of native species. Native trees shall be
replaced with trees of the same genus and species. Other tree replacement proposals shall be
subject to approval by the Community Development Department, Planning Division, using
the Hillside Design Guidelines, Appendix B as a guide for selecting alternative replacement
species. Drip irrigation shall be extended to replacement plantings to ensure they will
become established. Removal of significant trees, other than eucalyptus trees, shall require
preparation of an arborist report. Removal and replacement shall be consistent with the City
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Hillside Design Guidelines manual and the recommendation of a certified arborist. The areas
cleared of non-native plants (e.g. broom), or the area of the tree removed, and areas needing
view screening would provide appropriate areas for replacement planting.
5. This Master Environmental and Design Review Permit (ED 00-85) approving development of
three lots with single family residences, parking and landscaping improvements, shall run
concurrently with the subdivision map. If the tentative parcel map expires, this Master
Design Review Permit shall also expire and become invalid.
Fire Department
6. A minimum 30' wide break (brush clearing) shall be maintained around the structure.
Prior to Issuance of a Building Permit and During Construction
Planning Division
7. Building plans shall incorporate the recommendations contained in the reports prepared for
the project, listed above, as well as the geotechnical report prepared by Kleinfelder and peer
review by Miller Pacific Engineering.
8. Prior to issuance of building permits, the final parcel map shall be recorded and all conditions
of Parcel Map approval (S 00-4) shall be satisfied.
9. Prior to issuance of a building permit, the applicant is to comply with conditions of the Marin
Municipal Water District to obtain water service to the new building. Verification of
compliance shall be submitted at time of building permit application.
10. Detailed landscaping and irrigation plans shall be submitted to the Planning Division for review and
approval by the Design Review Board prior to issuance of a building permit. Landscaping plans
shall be revised to provide more substantial screening at the corner between the driveway and
residence on Lot 2; to retain the existing Cypress tree and Oak at the corner of Lot 2 (adjacent to the
driveway shown on the Photomontage, trees # 75 and 76 in the arborist report); and provide
additional plant screening near the Acacias on Lot 1 to maintain screening in the event the Acacia
trees do not survive. Eucalyptus tree species (i.e. silver dollar eucalyptus trees) are not considered an
appropriate screening tree selection for the site.
11. Colors of Lot 2 shall be darkened, subject to final approval by the Design Review Board.
12. Pursuant to Mitigation Measure VII.h.1. site landscaping shall be installed as indicated on the
approved landscape plans. All requirements outlined in the Dominican Heights Fire
Management Plan, prepared for the site by Landscape Fires on 10/18/00, shall be completed
prior to occupancy of the buildings. The fire management defensible space boundaries and
required site work shall be shown and noted on the site plans submitted for building permits.
13. Pursuant to Mitigation Measure VIII.d.1, plans submitted for building permit on each lot
shall include improvement plans for the drainage facilities proposed on the approved project
civil plans, which shall be designed pursuant to the recommendation of the Drainage Report
Dominican Estates, by Oberkamper & Associates, dated 6/17/00.
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14. Pursuant to Mitigation Measure XV.d.l, large and oversize construction vehicles shall follow
the designated haul route of Summit Avenue to Point San Pedro Road, or as otherwise
directed by the City Traffic Engineer during non -peak hour traffic. The developer shall park
and store construction vehicles, equipment and materials on-site. Signs and personnel shall be
placed to redirect traffic in the event temporary road blockages are unavoidable.
15. Pursuant to Mitigation Measure X.V.d.2, traffic control personnel shall be employed to direct
traffic when partial road blockages are required for work in the public right-of-way.
16. All construction staging shall occur on-site including employee vehicle parking, construction
materials and equipment storage, etc.
17. A construction logistics plan shall be submitted prior to issuance of a building permit
application 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) 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;
b) posting street frontages with temporary signs during construction prohibiting
construction -related parking. Signs should note that violators will be cited and/or a stop
work order will be issued;
c) posting of signs along Summit Road 1-2 weeks prior to the start of grading informing the
public of the off -haul route and timing for export of fill material. Notices should also be
mailed to the property owners in the area 2 weeks before the commencement of grading;
d) posting of signs and personnel to direct traffic in the event of temporary road closures at
the Highland Avenue, Summit Avenue and Palm Avenue, and
e) require a Phase I grading/clearing on each lot to accommodate on-site parking and staging
before any site grading and construction commences.
The construction logistics plans should note the penalty in the event that plan conditions are
violated (stop work order or fines), and include a commitment for the developerlbuilder to
educate the workers of the parking restrictions and haul routes. Education shall include
informing them of the penalties in the event the restrictions are violated.
18. A traffic mitigation fee of $898.00 dollars shall be paid prior to issuance of a building permit for
each residence. Total fees paid for all three lots shall be $2.694.00, adjusted according to the Lee
Saylor Construction Index to take into account changes in construction costs. This fee amount is
based on a fee of $898.00 times 1 PM peak trip per unit in January 2000 dollars.
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19. Hours of construction shall be limited from 8 AM to 5 PM, Monday through Friday. No site
preparation, deliveries or other construction related activity shall occur outside these hours or
on weekends and City observed holidays. Construction activities include delivery of
materials, start-up of equipment, arrival of workers, playing of radios and other noises caused
by equipment or construction workers arriving at or on the site.
20. Pursuant to Mitigation Measure V.b.1, in the event that archaeological features, such as
concentrations of artifacts or culturally modified soils deposits including trash pits older than
fifty years of age, are discovered at any time during grading, scraping, or excavation within
the property, all work should be halted in the vicinity of the find, the Planning Division shall
be notified, and a qualified archaeologist should be contacted immediately to make an
evaluation. If warranted by the concentration of artifacts or soils deposits, further work in the
discovery area should be monitored by an archaeologist.
21. Pursuant to Mitigation Measure V.d.1, if human remains are encountered during grading and
construction, all work must stop in the immediate vicinity of the discovered remains and the
County Coroner and a qualified archaeologist must be notified immediately so that an
evaluation can be performed. If the remains are deemed to be Native American and
prehistoric, the Coroner must contact the Native American Heritage Commission so that a
"Most Likely Descendant" can be designated.
Building Division
22. A Level `B' soils report shall be submitted with the application for a building permit for each
lot.
23. The project soils engineer shall review and approve the plans submitted for a building permit
for compliance with the recommendations of the project soils report.
24. All earth and foundation work shall be performed under the supervision of the project soils
engineer and a final construction report shall be submitted prior to approval of a final
inspection.
25. An encroachment permit shall be obtained from the Department of Public Works for any
work in the street right-of-way.
Public Works
26. The project shall employ best management practices (BMP's) during site construction and
grading. A standard BMP sheet shall be attached to construction plans submitted for building
permit.
27. Any proposed pools shall be plumbed to the sanitary sewer.
Fire Department
28. For Highland and Deer Park Avenues, all fire hydrants installed shall be Jones Model 3740,
installed and painted by the developer/owner, conforming to Fire Prevention Standards.
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29. 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.
30. Due to the wildland fire interface area fire retardant roof covering is required with a
minimum Class "A" listing.
31. UL/SFM smoke detectors and openable bedroom windows shall be installed, conforming to
the Uniform Building Code.
32. Spark arrestors shall be installed conforming to the UBC.
Police Department
33. All exterior lighting shall be sufficient 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 and
placement of lighting shall be to the satisfaction of the Police Department.
34. Exterior jambs for doors shall be so constructed or protected so as to prevent violation of the
function of the strike plate from the outside. The strike plate shall be secured to the jamb by
a minimum of two screws, which must penetrate at least two inches into the solid backing
beyond the jamb.
35. Exterior doors that swing outward shall have non -removable hinge pins.
36. In -swinging exterior doors shall have rabbited jambs.
37. Glass on exterior doors or within 40 -inches of an exterior door shall be break resistant glass
or glasslike material to the satisfaction of the Police Department.
38. Any window in or within 40 -inches of an exterior door shall be stationary and non -
removable.
39. The street 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 4 inches in height and shall be of contrasting
color to the background to which they are attached. The address numbers shall be
illuminated during darkness.
40. The address shall be in a sequence with the numerical order of the rest of the streetibuilding.
41. Skylights shall be secured and hatch openings shall be burglary resistant. Glazing shall be of
a burglary resistant glass or glass -like material.
42. Perimeter walls, fences, trash storage areas etc., shall be built to prevent access to the roof or
balconies.
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43. 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 sixteenth inches (9/16")
thick. Side garage doors and doors leading from these garage areas to private residences or
multiple dwelling residences are included in this requirement.
44. Metal -framed glass doors shall be set in metal doorjambs.
45. 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 and shall be no less than 1/8 inch
in thickness and shall have a minimum hardened steel throw of 1/2 inch.
46. Exterior man doors and doors leading from the garage areas into the private residences shall
have a dead locking latch device with a minimum throw of 1/2 inch. A secondary lock is
required and shall be a dead bolt lock with a cylinder guard and a hardened steel throw that is
a minimum of 1 inch long. Both locking mechanisms shall be keyed the same.
47. Both locking mechanisms shall be interconnected so that both may be disengaged by turning
the doorknob from inside.
48. Metal -framed glass doors shall have a dead bolt lock with a cylinder guard and a hardened
steel throw that is a minimum of one inch long.
49. Front doors shall have a front door viewer that provides a minimum of 180 -degree peripheral
vision.
50. All windows within 12 feet of the ground level shall have a secondary lock mounted to the
frame of the window. The secondary lock shall be a bolt lock and shall be no less than 1/8
inch in thickness. The lock shall have a hardened steel throw of 1/2 -inch minimum length.
51. Barrier or thorny plants shall be added to the following locations to deter access to windows.
(A list of barrier plants is available from the police department).
52. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture.
53. Any alternate materials or methods of construction shall be reviewed with the Crime
Prevention Officer before installation.
54. The residence shall be wired for an alarm system, in the event an alarm system is required.
Prior to Building Occupancy
Planning Division
55. All landscaping shall be installed prior to the occupancy of the building.
56. All invasive exotic plants such as gorse and broom shall be removed from the site prior to
occupancy of the buildings.
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57. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and
debris. Prior to building final, the applicants shall provide a two-year maintenance contract
for landscaping or post a two-year maintenance bond to ensure landscaping conditions are
met and plantings have established. The maintenance contract shall address maintenance of
exotic removal and fire clearance landscaping improvements.
Fire Department
58. Address shall be posted conforming to Fire Prevention Standard 205.
59. Security gates, electronic gates or chains across driveways shall have installed an approved
Knox keyway conforming to Fire Prevention Std. 202.
60. 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.
61. A minimum 30' wide break (brush clearing) shall be provided and maintained around the
structure.
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 held Monday, the fifth of February, 2001, by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
2U
A.
JWAIqNE M. LEONC 1 1, City Clerk