HomeMy WebLinkAboutCC Resolution 10275 (Academy Heights)RESOLUTION 10275
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A
TENTATIVE SUBDIVISION MAP (TS96-1), MASTER USE PERMIT (UP96-16),
AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED96-19) FOR
SIX SINGLE FAMILY RESIDENTIAL LOTS (ACADEMY HEIGHTS)
End of Twin Oaks Avenue
(AP NOS. 10-142-24; 11-051-23; and 11-115-29)
WHEREAS, on June 27, 1997, applications requesting a Tentative Subdivision (TS96-1), Master Use
Permit (UP96-16) and an Environmental and Design Review Permit (ED96-19) for six single family
residential lots were found by the Community Development Department to be complete for processing;
and
WHEREAS, upon review of the subject applications an environmental Initial Study was prepared
consistent with the requirements of the California Environmental Quality Act (CEQA); and
WHEREAS, on June 24, 1998 the San Rafael Planning Commission held a duly noticed Public Hearing on
the proposed Tentative Subdivision, Master Use Permit, and Environmental and Design Review Permit
applications, accepting public testimony and the written report of the Community Development
Department staff and recommended approval of the project to the City Council; and
WHEREAS, on July 20, 1998 the San Rafael City Council held a duly noticed Public Hearing on the
proposed Use Permit and Environmental and Design Review Permit applications, accepting public
testimony and the written report of the Planning Department; and
WHEREAS, the City Council reviewed and considered the proposed environmental document, public
testimony and staff reports and has adopted by separate resolution the Mitigated Negative Declaration,
including the Mitigation Monitoring Program for the project; and
WHEREAS, the City Council reviewed and considered public testimony and the staff reports on the Zone
Change and has passed an Ordinance to print designating the site as Planned District for retail and
automobile sales and services uses; and
WHEREAS, the City Council determined that the subdivision map complies with the requirements of the
Subdivision Map Act and the City of San Rafael Subdivision Ordinance and Hillside Subdivision Ordinance
in that all parcels meet the minimum required lot area based on the slope of the lot and the Hillside
Resource Residential Land Use designation; and
WHEREAS, the City Council determined that the subdivision map as conditioned, approval of the
proposed subdivision would be consistent with applicable General Plan Policies, consistent with the open
space plan and consistent with the Land Use Designation Hillside Resource Residential in that the
proposed parcels are of a sufficient size to accommodate the uses permitted in the General Plan, and the
site is not part of the open space plan; and
WHEREAS, the City Council determined that the design or improvements of the proposed subdivision are
consistent with applicable General Plan Policies in that the proposed parcels, street and utility
improvements have been designed considering safety and capacity requirements and have been reviewed
and conditioned by the Fire and Public Works Departments accordingly; and
WHEREAS, the City Council determined that 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 and mitigated through project design and recommended
conditions of approval; and
WHEREAS, the City Council determined that based on the review by the Design Review Board and the
information contained in the Negative Declaration and the staff reports to the Planning Commission and
City Council, the site is physically suited for the proposed type and intensity of development; and
WHEREAS, the City Council determined that based on the information contained in the Negative
Declaration and the staff reports to the Planning Commission and City Council, the design or proposed
improvements are not likely to cause substantial environmental damage, or substantially and avoidably
injure fish, wildlife or their habitats or cause serious public health problems; and
WHEREAS, the City Council determined that the design of the subdivision provides, to the extent feasible
based on balancing the need to create a design compatible with the neighborhood and with solar energy
needs, for future passive or natural heating or cooling opportunities because the lots are of sufficient size
to allow flexibility in design of the residential houses to incorporate passive or natural heating or cooling
opportunities; and
WHEREAS, the City Council determined that the proposed use is in accord with the General Plan, the
objectives of the Zoning Ordinance, and the purpose of the district in which it is located because the
proposed residential use as conditioned, is consistent with:
A. The goals and policies of the General Plan 2000 as detailed in Table 1 consisting of: Land Use
Policies LU -9a Hillside Resource Residential, LU -12 Master Plan Zoning, LU -19, Design
Approach, LU -20, Overall City Character, LU -21 Building Heights, LU -22 Bay and Hillside Views,
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LU -29 Tree Preservation, LU -32 Water Conservation, LU -34 Residential Site Design, LU -35
Project Design Considerations, LU -36 Additional Community Design Map Considerations, LU -4,
Fire and Police Services, LU -51 Water and Sewer Facilities; Circulation Policies C-1 Level of
Service and C-18 Area Transportation Improvement Programs, Housing Policy H-15 Future
Development; Recreation Policies R-4 New Development and R-14 Trails; Health and Safety
Policies S-1 Location of Future Development, S-3 Use of Hazard Maps in Development Review,
S-4 Geotechnical Review, S-5 Soils and Geologic Review, S-6 Minimize Geological Hazards, S-20
Maintenance and Landscaping for Fire Safety, S-21 Fire Safety of New Development, S-22 New
Development in Fire Hazard Areas, S-23 Safety Review of Development Projects, and S-24
Access for Emergency Vehicles; and Special Residential Neighborhood Policies RES -1
Development in Residential Neighborhoods, RES -7 Neighborhood 13/14, and RES -7b Fairhills
Development Patterns.
B. The standards and regulations contained in the Zoning Ordinance as detailed in the July 29, 1997,
August 12, 1997 August 26, 1997 and June 24, 1997 Reports to Planning Commission including:
Multiple Applications; Planned Development District; Hillside Overlay District; Parking; and,
Environmental and Design Review Permits; and
WHEREAS, the City Council determined that 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 because the residential use is consistent
with the surrounding residential uses and the use has been reviewed by the appropriate agencies; and
WHEREAS, the City Council determined that the proposed use complies with each of the applicable
provisions of the Zoning Ordinance including: Section 14,02.020J, Multiple Applications; 14.07.030,
Planned Development District Property Development Regulations; 14.12.020, Criteria for Establishment of
Hillside Overlay District; 14.12.030G, Lot Standards; 14.18.040, Parking Requirements; and, 14.25.050,
Review Criteria for Environmental and Design Review Permits; and
WHEREAS, the City Council determined that the project design is in accord with the General Plan and the
objectives of the Zoning Ordinance, including the following General Plan Policies relating to design (LU -
21, LU -30, LU -32, LU -33, LU -34, and LU -36) and the Review Criteria for Design Review Permits
contained in Section 14.25.050 of the Zoning Ordinance; and
WHEREAS, the City Council determined that 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
because the project has been as detailed in the Compliance Checklist Hillside Residential Design
Guidelines Manual including the project is consistent with the Hillside Design Guidelines including:
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Preservation of Existing Natural Features; Preservation of Significant Trees; Hillside Grading and
Drainage; Lot Configuration, Building Setbacks and Location; Street Layout, Driveway and Parking
Design; Planting Design for Hillside Residential Development; Subdivisions and Planned Development
Projects; Hillside Drainage Swales and Drainage Ravines; and Hillslope Habitat Areas; and
WHEREAS, the City Council determined that the project design minimizes adverse environmental impacts
because the project has been reviewed by the City's Design Review Board at four meetings over a nine
month period. Through these reviews the Master Plan was revised to specify residential design standards
including building envelopes, height, parking, architecture, landscaping and tree removal. Additional
design standards are specified for residential lots with individual characteristics not common between all
lots. The Master Plan also specifies a maintenance plan for open space easements and project drainage
to ensure that these areas are well maintained; and
WHEREAS, the City Council determined that the project design will not be detrimental to the public health,
safety or welfare, nor materially injurious to properties or improvements in the vicinity because the project
has been review by the appropriate agencies and has been modified through design changes or
conditions of approval.
NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council finds there is no substantial
evidence in the record showing that the project could have a significant detrimental impact upon the
neighborhood and recommends to the City Council conditional approval of the Tentative Subdivision
(TS96-1), Master Use Permit (UP96-16) and Environmental and Design Review Permit (ED96-19) for six
single family residential lots located at the end of Twin Oaks Avenue with the conditions attached in
Exhibit "A".
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 said City held on
Mondav the 20th day of July , 1998 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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JERtNEWLEONNINI,
EXHIBIT "A"
CONDITIONS OF APPROVAL
Negative Declaration
1. On Lot 6, if the slide repair can encroach onto adjacent property, the slide above the road should be
repaired in a conventional manner as a subdrained, compacted earth fill butress. The unstable
material should be excavated to create a10 foot wide keyway in firm, undisturbed soil/rock. At the rear
of the keyway, a subdrain should be installed. The embankment should then be constructed as a
conventional compacted fill or as a reinforced earth embankment. If property encroachment cannot
be obtained, support for the slide can be provided by construction of a conventional retaining wall or
preferably a soldier pile wall. The downslope slide should be repaired with a reinforced earth slope
constructed at a 1 horizontal to 1 vertical inclination or as a reinforced earth retaining wall.
2. On Lot 5, the small slough area should be repaired by judicious overexcavation, benching and slope
reconstruction with rip rap.
3. The quarry slope stability should be improved by: (a) along the top of the slope, selectively trim back
the top of slope directly above the building envelope on Lot 3 to remove the upper most part of the
slope This is a safety precaution to reduce the risk of rock fall in the event of a severe earthquake.
The trimmed slope would be at about 3/4 horizontal to 1 vertical and would be in the upper 20 to 25 feet
of, (b) cut a catchment bench about 8 feet wide starting a the top of the talus about elevation +424
and extending diagonally downward to the existing bench on Lot 4 at elevation +354, and extended to
cross above Lot 4 and should be constructed with a cross slope back toward the cut face to increase
its ability to trap rock fall fragments; and, (c) remove all loose rock 12 inches and larger from the talus
slope directly above the building envelop on Lot 3, and (d) remove all loose talus below the
intermediate bench (i. e. below elevation +360 to +376) to expose the rock cut face.
4. After the above improvements have been installed, maintenance clean up should be scheduled for
both the first and second year after construction since loose material is likely to remain on the surface
from the construction trimming. Thereafter, the improvements shall be monitored and minor
maintenance or clean up should be provided as required every 3 to 5 years. Substantial debris
removal may be required at an average of 10 -year intervals.
5. Along the toe of the slope, maintain a protective setback for improvements of at least 25 feet from the
toe of the rock cut face (after removal of the talus ) and construct a protective debris barrier, 5-7 feet
high, at the setback line on Lots 2, 3 and 4.
6. On Lot 2, construct a debris catchment below the colluvium at about elevation +370. The catchment
should be in the form of a pervious berm constructed from talus material, devoid of fine material, or
rock filled gabions to hold back eroded colluvial material while permitting drainage to pass through the
berm.
7. On Lot 3, construct a catchment across the ravine at the rear of the lot near the south property line at
about elevation +420. The catchment should be constructed with a permeable rock filled gabion to
minimize the construction impact since no heavy grading is involved and the gabion rock can be
obtained from on-site. The precise location of the gabion may need to be adjusted at time of
construction to conform to the slope and to minimize interference with existing trees.
8. Clear all grass, brush, debris and organic matter from areas that are to be graded. Strip any of the
upper soil -containing organic matter and remove it form areas to receive fill. In areas to be
developed, excavate all old fill and loose and soft natural soils to depths that expose firm natural soil.
Clean all loose soil out of gullied areas.
9. Where fill is placed on natural ground slopes that are steeper than 5 horizontal to 1 vertical, excavate
horizontal benches into firm material to key the fill into the natural slope.
10. In areas to be filled, scarify and moisture condition the upper eight inches of soil and compact it to at
least 90 percent relative compaction (as determined by ASTM D 1557).
11. For compacted fill, use soil and soil/rock mixtures that are free of organic material and that meet the
criteria for compacted fill given in Table C of the Geotechnical Investigation Report prepared by Miller
Pacific, dated February 4, 1997. On-site soils should be suitable for use as fill; however, oversized
rock that may be in on-site soils may not be used in roadway fill or designated building areas.
12. Place fill material in loose, horizontal lifts of eight inches thick or less, moisture condition to the near
optimum water content, and compact the material by rolling to obtain at least 90 percent relative
compaction. Where coarse talus is used as fill, it can best be compacted with a heavy vibrator roller.
13. The site shall be adequately watered during construction to reduce dust emission.
14. A Storm Water Permit consistent with the City's Storm Water Management and Discharge Control
Program is required.
15. Significant trees that are removed shall be replaced at a ratio of 3 new trees for every tree removed.
The minimum replacement size shall be 15 gallon.
16. Exotic landscape vegetation in lots 1, 3 and 6 and along the roadway should be completely removed.
Most of the oaks replanted as mitigation should be planted within these lots (1, 3 and 6) where non-
native vegetation will be removed. Any remaining oaks should be used as landscaping within the
remaining lots.
17. Plants used for landscaping within building envelopes should be limited to fire resistant and non-
invasive plants. Recommended plant material is contained in Appendix A of the Biological Impact
Report. Native species from this list that are common to the oak/bay woodland association found in
the San Rafael are should be used.
18. Tree removal shall be kept to a minimum when individual houses are designed and constructed.
19. Grading and construction activities shall be limited to between the hours of 8:00 AM and 5:00 PM,
Mondays through Friday.
20. The developer shall obtain a Transportation Permit from the Public Works Department for all vehicles
over five (5) tons.
21. The proposed extension of Twin Oaks Drive shall be maintained as a fire apparatus clear zone with
14 feet of vertical clearance over the road bed, ten feet of fire safe vegetation management either side
of the road and 30 feet up the drainage for a fuel break corridor of a minimum of 30 feet. Roadside
vegetation management shall be in accordance with the Fuel Modification Matrix contained in the
Vegetation Management Plan. Exotic pyrophytes such as broom and acacia shall be removed. The
brush piles currently scattered along the drive shall be removed.
22. The Quarry Road/utility easement should be maintained unobstructed to emergency pedestrian traffic
as a alternative pedestrian escape route.
23. Defensible space around each proposed new building site shall require 50 feet up slope by 50 feet
cross slope by 100 feet down slope.
24. Vegetation modification for defensible space shall be installed prior to building construction and shall
be maintained in accordance with the Fuel Modification Matrix contained in the Vegetation
Management Plan.
25. Landscaping shall be designed and installed in accordance with the defensible space requirements
and species selected in accordance with the FireSafe Marin guide to "Pyrophytic vs. Fire Resistant
Plants" (as contained in the Vegetation Management Plan). Any privacy screens installed shall
conform to the guide to FireSafe Marin fire resistant privacy screen guide. Both wild and domestic
landscaping shall be maintained according to the "Fire Resistant Trees and Shrubs guide contained in
the Vegetation Management Plan.
26. Exotic pyrophytes such as broom and Acacia on the proposed home sites shall be removed. As
recommended in the Arborist Report, Garlon 4 herbicide should be used.
27. The decadent and dying cypress trees on the lower portion of Lot 6 and over the power lines shall be
removed.
28. Where vegetation management access is needed for defensible space by adjoining homeowners,
defensible space easements shall be provided.
29. Dead brush and debris that has been dumped on the site shall be removed prior to issuance or a
grading permit.
30. The proposed roadway shall be cleared as required by the vegetation management plan prior to
issuance of a grading permit, and an operable water system, along with a hose, shall be available on-
site at all times during construction of the subdivision improvements.
31. Site debris and construction materials waste shall be disposed of off the site at least once a week.
32. Prior to the construction of any single family residence, the approved building area shall be cleared in
accordance with the vegetation management plan.
33. The design of each individual home shall be reviewed by the Design Review Board to insure
consistency with the Residential Design Guidelines and the Hillside Design Guidelines.
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Vesting Tentative Map
Community Development Department - Land Development Division
34. 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 for the subdivision.
35. An engineers estimate shall be submitted for the cost of the proposed improvements. The estimate
shall be subject to the approval of the City Engineer.
36. Based on the engineers estimate , bonding, or other approved security, shall be supplied to insure the
completion of improvements.
37. Prior to the acceptance of the final map, plan check and inspection fees shall be paid based on the
Engineers estimate.
38. Prior to the recordation of the final map engineered improvement plans shall be submitted for the
construction of all public and common area improvements.
39. Prior to acceptance of the subdivision improvements mylar "As Builts" for all phases of the subdivision
shall be submitted to the City.
40. Any construction damage to Twin Oaks Avenue shall be repaired to the satisfaction of the City
Engineer. The applicant shall submit a video tape to the City documenting the condition of Twin Oaks
Avenue prior to the start of construction
41. A level "B" soils letter must be submitted with the application for a grading permit.
42. Grading plans shall show all proposed and existing contours.
43. A grading permit will be required.
44. Grading and drainage plans shall be reviewed by the project soils engineer for compliance with the
requirements of the project soils report.
45. No mass grading is to be done between October 1 st and April 15t' .
46. All earthwork shall be done under the direction of a soils engineer; and a final report shall be
submitted prior to the acceptance of the work.
47. An erosion control plan shall be submitted with the application for a grading permit.
48. Erosion control plans shall show methods for controlling erosion and siltation during and after grading.
49. The site shall be "winterized" and all erosion control measures shall be installed prior to the first day of
October.
50. All erosion control measures shall be maintained through the first winter after completion or longer if
necessary to fully stabilize the site.
51. The project erosion control plan shall be consistent with the "Best Management Practices" (BMP'S) of
the Regional Water Quality Control Board.
52. The improvement plans shall show all existing and proposed drainage facilities.
53. Runoff from improved areas shall be collected and conveyed to the street, or established drainage
facilities, by underground conduit. Drainage shall not be diverted or concentrated onto adjoining
properties; or over sidewalks and driveways.
54. The proposed drainage system is approved in concept only. The final configuration shall be subject to
the approval of the City Engineer.
55. An hydraulics and hydrology study shall be provided for all drainage systems prior to the issuance of a
grading permit. This study shall include downstream conditions and shall be used to determine if any
mitigation measures are needed.
56. All proposed headwalls shall be constructed with sloped grate trash racks as well as upstream post
type configurations. Headwalls shall be constructed with easy access for maintenance.
57. The final design of the drainage system shall be such that peak flows off-site are not increased unless
sufficient capacity exists within the drainage system.
58. The existing18 inch culvert at the sharp bend near the end of Culloden Park Road shall be replaced
with a culvert capable of passing the 100 -year storm flow. The culvert shall be installed concurrent
with installation of the subdivisions improvements.
59. The improvement plans shall show the location of all existing and proposed sanitary sewer facilities.
60. Prior to approval of the Final Subdivision Map, documentation shall be provided, to the satisfaction of
the San Rafael Sanitation District that access to the SRSD sewer line on Quarry Road is legally
available. If access to quarry Road is not available then a pumped system to Twin Oaks Avenue will
be required. A main extension may be necessary.
61. Each lot shall be served by a 4" sanitary sewer lateral.
62. All gravity sanitary sewers shall be air tested prior to the acceptance of the work.
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63. Sanitary sewer plans shall be reviewed and signed by the San Rafael Sanitation District.
64. The improvement plans shall show all existing and proposed utilities.
65. All utilities shall be underground.
Fire Department
66. The private drive shall be installed as designed on the Conceptual Grading and Roadway
Improvement Plans, Sheet 2, prepared by I. L. Schwartz Associates, dated May 28, 1997.
67. Roadway turning radius shall not be less than 35 ft.
68. Roadway grades shall not exceed 18%.
69. An approved hammerhead or cul-de-sac turn around shall be installed and be capable of
accommodating Fire Department apparatus.
70. The net overhead vertical clearance for all access roadways and driveways shall be greater than 13
feet. 6 inches.
71. All roadways shall be installed prior to framing.
72. No Parking Fire Lanes 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 Std. 204.
73. Security gates, electronic gates, or chains across driveways shall have installed an approved Knox
Keyway system conforming to Fire Prevention Std. 202.
74. Addresses shall be posted conforming to Fire Prevention Std. 205.
75. A fire hydrant(s) shall be installed capable of supplying the required fire flow. The fire hydrant shall be
spotted by the Fire Marshal and installed prior to framing.
76. Fire hydrants shall be installed capable of supplying the required fire flow. The hydrants shall be
spaced at 300 ft. intervals, spotted by the Fire Marshal and be installed prior to framing.
77. All fire hydrants shall be Jones model 3740 installed and painted by the developer/owner conforming
with Fire Prevention Standards.
Community Development Department - Planning Division
78. All construction activities at the site, including subdivision improvements, shall be limited to the hours
between 8:00 AM and 5:00 PM Monday through Friday. Construction is not permitted on Saturday or
Sunday and City 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.
79. Construction staging for the subdivision improvements shall be on-site.
80. Prior to issuance of the subdivision improvement notice of completion, a two year landscaping bond
shall be posted, or other agreeable method, to insure that all replacement trees shall be maintained in
a healthy and thriving condition for a period of two years. The amount of the bond shall be based on
an estimate prepared by a landscape contractor and shall be submitted to the Community
Development Department for review and approval.
81. A bond for the eradication of the broom on the project site adjacent to the roadway shall be posted
prior to issuance of a grading permit. The bond shall be sufficient for a one-time eradication and five
annual eradication efforts. Eradication on the building envelopes on individual lots will be the
responsibility of the individual property owner and bonding will be required as part of the design review
approval. The amount of the bond shall be based on an estimate prepared by a landscape contractor
and shall be submitted to the Community Development Department for review and approval.
82. Prior to recordation of the Final Map, a lighting plan for the private driveway shall be submitted. The
lighting fixtures shall be shielded down and shall not create glare off-site.
83. Prior to issuance of building permits or prior to the recordation of a final subdivision map, whichever
occurs first, the developer shall pay to the City in lieu parkland dedication fees in accordance with the
provisions of City Ordinance 1558. Parkland dedication in lieu fees are at this time $10,863.23 based
on 1989 dollars. Adjustment of 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 Ordinance.
84. Prior to issuance of a building permit a Homeowners Association shall be formed to provide
maintenance of the private road, retaining walls, geotechnical and drainage improvements and scenic
easement areas.
85. The Conditions, Covenants, and Restrictions (CC&Rs) for the subdivision shall be reviewed and
approved by the Community Development Director and City Attorney prior to the approval of the Final
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Map by the City Council. The CC&Rs shall be recorded prior to issuance of a certificate of occupancy
of the first house. The CC&Rs shall include provisions for the maintenance of the geotechnical and
drainage improvements and scenic easement areas.
86. A public pedestrian easement shall be recorded on the private road and as shown in the scenic
easement on the tentative map.
87. Dead brush and debris that has been dumped on the site shall be removed prior to issuance of a
grading permit.
88. The proposed roadway shall be cleared as required by the vegetation management plan prior to
issuance of a grading permit, and an operable water system, along with a hose, shall be available on-
site at all times during construction of the subdivision improvements.
89. Site debris and construction materials waste shall be disposed of off the site at least once a week.
90. This Vesting Tentative Map shall approve a 6 lot subdivision as shown on subdivision design and
improvement plans listed in condition 105 to the Environmental and Design Review Permit.
91. This subdivision is approved for two years from the date of approval by the City Council unless
renewed. Prior to expiration, the applicant may apply for an additional one year time extension.
Master Use Permit
Community Development Department - Planning Division
92. This Master Use Permit approves six (6) single-family units and associated accessory uses.
93. The architectural and landscape guidelines prescribed in the Master Plan as well as conditions
regarding landscaping and tree removal shall be used in review of development of all residences and
other improvements on the 30.76 acre site. All residential structures shall be reviewed by the Design
Review Board and approved by the Zoning Administrator.
94. All new residences shall be subject to the City's Hillside Design Guidelines.
95. The developer shall take appropriate steps to prevent access from unauthorized vehicles to the site
prior to occupancy of the first new residential structure.
96. For any phased development, any undeveloped parcel shall be mowed, or alternatively maintained for
fire and grass control, and shall be kept in a clean and orderly fashion at all times.
97. A master fence plan indicating fence type, materials, heights and locations shall be prepared and
submitted to the Planning Department prior to issuance of a building permit. Deer fencing shall be
used outside the building envelope.
98. This Master use permit shall run concurrently with the subdivision map. If the tentative map expires,
this Master Use Permit shall also expire and become invalid.
Environmental and Design Review Permit
Fire Department
99. Based on the required fire flow, an automatic residential fire sprinkler system shall be installed
throughout conforming to NFPA Std. 13D as modified by the Fire Marshal.
100.Due to the wildland fire interface area fire retardant roof covering is required with a minimum Class
"A" listing.
101.A minimum 30' wide break (brush clearing) shall be maintained around new structures.
102.Spark arrestors shall be installed conforming to the Uniform Building Code (UBC).
103.UUSFM smoke detectors and openable bedroom windows shall be installed conforming to the UBC
in all new structures.
Police Department
104.Plans for the new residential structures shall be reviewed by the Police Department.
Community Development Department - Planning Division
105.This design review permit approves the subdivision design and improvements as shown on the
following plans:
A. Natural Features Map, Sheet 1A, I. L. Schwartz Associates, August 2, 1996; Revised May 28,
1997.
B. Natural Features Map, Sheet 1 B, I. L. Schwartz Associates, August 2, 1996; Revised May 29,
1997.
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C. Conceptual Grading and Roadway Improvement Plans, Sheet 2, I. L. Schwartz Associates, May
28, 1997.
D. Vesting Tentative Map, Contextual Map & Detailed Site Plan, Sheet 3A, I. L. Schwartz Associates,
February 10, 1997; Revised August 15, 1997.
E. Vesting Tentative Map, Contextual Map & Detailed Site Plan, Sheet 313, I. L. Schwartz Associates,
May 28, 1997.
F. Vesting Tentative Map and Proposed Lot Line Adjustment, Sheet 3C, I. L. Schwartz Associates,
July 9, 1997; Revised August 28, 1997.
G. Geotechnical Mitigation Plan, Sheet 4, I. L. Schwartz Associates, May 28, 1997
H. Architectural Site Plans and Sections, Section Al, Forsher + Guthrie, May 27, 1997
I. Academy Heights, Detail at Entry Drive, 'Twin Oaks Extension', Retaining Wall Landscaping,
Forsher + Guthrie, March 19, 1997.
J. Academy Heights Geotechnical Mitigation, Lots 3 & 4, Sheets 1 and 2, I. L. Schwartz
Associates, Inc., November 11, 1997.
106.A master fence plan indicating fence type, materials height and locations shall be prepared and
submitted to the Planning Department prior to the issuance of a building permit. Deer fencing shall be
used outside the building envelope.
107.Each individual house is required to obtain a design review permit and shall include submittal of a
computerized photographic modeling analysis from vantage points in the surrounding neighborhood to
assist in visualization of building impacts.
108.The design of the individual houses are subject to the Hillside Design Guidelines.
109.An arborist report shall be submitted with the design of each individual house. Significant trees are
subject to the requirements of the Hillside Design Guidelines. Significant trees that are removed shall
be replaced at a ratio of 3:1. All other trees shall be retained whenever possible.
110.Prior to the construction of any single family residence, the approved building area shall be cleared in
accordance with the vegetation management plan.
111.Traffic mitigation fees are required for each individual house and shall be paid prior to the issuance of
a building permit. The traffic mitigation fee for each house is $764.00 in 1993 dollars and can be
adjusted according to the Lee Saylor Construction Index to take into account changes in construction
costs.
112.This Master design review permit shall run concurrently with the subdivision map. If the tentative map
expires, this Master Use Permit shall also expire and become invalid.
RESOLUTION 10275
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X10--jya-;L`i
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPRO
TENTATIVE SUBDIVISION MAP (TS96-1), MASTER USE PERMIT
AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED9b- i y) run
SIX SINGLE FAMILY RESIDENTIAL LOTS (ACADEMY HEIGHTS)
End of Twin Oaks Avenue
(AP NOS. 0142-24; 11-051-23; and 11-115-29)
WHEREAS, on JLine 27, 1997, applications requesting a Tentative Subdivision (TS96-1), Master Use
Permit (UP96-16) an an Environmental and Design Review Permit (ED96-19) for six single family
residential lots were fo nd by the Community Development Department to be complete for processing;
and
WHEREAS, upon review of thia subject applications an environmental Initial Study was prepared
consistent with the requirements of the California Environmental Quality Act (CEQA); and
WHEREAS, on June 24, 1998 the San Rafael Planning Commission held a duly noticed Public Hearing on
the proposed Tentative Subdivision, Master Use Permit, and Environmental and Design Review Permit
applications, accepting public testimony and the written report of the Community Development
Department staff and recommended approval of the project to the City Council; and
WHEREAS, on July 20, 1998 the San Rafael City Council held a duly noticed Public Hearing on the
proposed Use Permit and Environmental and D sign Review Permit applications, accepting public
testimony and the written report of the Planning D artment; and
WHEREAS, the City Council reviewed and considered he proposed environmental document, public
testimony and staff reports and has adopted by separate resolution the Mitigated Negative Declaration,
including the Mitigation Monitoring Program for the project; and
WHEREAS, the City Council reviewed and considered public testimony and the staff reports on the Zone
Change and has passed an Ordinance to print designating the site A Planned District for retail and
automobile sales and services uses; and
WHEREAS,the Cit Council determined that the subdivision ma com lies with the requirements of the
Y P P � q
Subdivision Map Act and the City of San Rafael Subdivision Ordinance and Hillside Subdivision Ordinance
in that all parcels meet the minimum required lot area based on the slope of the lot and the Hillside
Resource Residential Land Use designation; and
ORIGIM41 ,�>,s