HomeMy WebLinkAboutCC Resolution 14394 (23 Meyer Road)RESOLUTION NO. 14394
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CONDITIONALLY APPROVING
ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED15-027) AND AN EXCEPTION
(EX17-007) TO THE PROHIBITION ON RIDGELINE DEVELOPMENT TO ALLOW THE
CONSTRUCTION OF A NEW, 3,570 SQ.FT., MULTI -STORY SINGLE-FAMILY RESIDENCE
AND ASSOCIATED SITE IMPROVEMENTS (DRIVEWAY, RETAINING WALLS, DRAINAGE
AND LANDSCAPING) ON A VACANT 94,857 SQ. FT. (2.18 ACRES) HILLSIDE AND
RIDGELINE PARCEL, LOCATED AT 23 MEYER RD.
(APN: 015-291-15)
WHEREAS, on April 3, 2013, a Conditional Certificate of Compliance (CC12-001) was
issued by the Public Works Director determining the project site to be a legal lot of record,
subject to required improvements to Meyer Road as determined by the Public Works
Department; and
WHEREAS, on August 28, 2013, staff completed Pre -application (PA13-007) review on
the proposed project and provided comments to the applicant; and
WHEREAS, on November 18, 2014, the City of San Rafael Design Review Board
(Board) completed a Conceptual Design (CDR14-008) of the proposed project and provided a
number of comments including recommended design changes; and
WHEREAS, on March 30, 2015, a formal project application for an Environmental and
Design Review Permit (ED15-027) was submitted to the Community Development Department,
Planning Division, proposing to construct a 3,156 sq. ft., multi -story single-family residence and
associated site improvements (driveway, retaining walls, drainage and landscaping) on a vacant
94,857 sq. ft. hillside and ridgeline parcel, subsequently assigned the address of 23 Meyer Rd.;
and
WHEREAS, the project application also requests an Exception (EX17-007) to the
prohibition on development located within 100 vertical feet of a ridgeline; and
WHEREAS, a request for an Exception to ridgeline development may be granted only
upon the adoption of the following required findings: 1) There are no site development
alternatives which avoid ridgeline development; 2) The density has been reduced to the
minimum allowed by the General Plan land use designation density range; 3) No new
subdivision lots are created which will result in ridgeline development; and 4) The proposed
development will not have 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; and
WHEREAS, on February 7, 2017, the Board reviewed the project design and
unanimously recommended approval (4-0-2; Kent and Lentini absent) of the proposed site and
building design, finding the design to be appropriate for the site and ridgeline location. The
Board included a number of design recommendations in its action; and
WHEREAS, in response to the Board's comments, the project design was subsequently
revised; and
WHEREAS, on July 11, 2017, the City of San Rafael Planning Commission
(Commission) held a duly -noticed hearing to consider the Environmental and Design Review
Permit (ED15-027) and Exception (EX17-007) applications, accepted and considered all oral
and written public testimony and the written report by Community Development Department
Planning staff; and
WHEREAS, on July 11, 2017, the Commission adopted Resolution No. 17-03 (6-0-1;
Commissioner Loughran absent) recommending that the City of San Rafael City Council (City
Council) conditionally approve the Environmental and Design Review Permit (ED15-027) and
Exception (EX17-007) applications, subject to the additional condition that all new plantings on
the site increase in container size; and
WHEREAS, in response to the Commission's requirement, the project's landscape plan
has been subsequently revised, to incorporate the Planning Commission recommendations; and
WHEREAS, on September 18, 2017, the City Council held a duly -noticed public hearing
on the proposed project, including Environmental and Design Review Permit (ED15-027) and
Exception (EX17-007) applications, accepting all oral and written public testimony and the
written report by the Community Development Department Planning staff and closed said
hearing on that date; and
WHEREAS, the custodian of documents which constitute the record of proceedings
upon which this decision is based is the Community Development Department; and
WHEREAS, the City of San Rafael City Council does hereby make the following findings
related to Environmental and Design Review Permit No. ED15-027 and Exception No. EX17-
007:
Environmental and Design Review Permit (ED15-027)
Findings
A. As documented in the General Plan 2020 Consistency Table (Exhibit 4 of the July 11, 2017
Planning Commission staff report, the project design is in accord with the General Plan, the
objectives of the Zoning Ordinance, and the purposes of Chapter 14.25 of the Zoning
Ordinance; in that:
As documented in the General Plan 2020 Consistency Table attached to the staff report
to the Planning Commission, the project will be consistent with Land Use Policies LU -2
(Development Timing), LU -8 (Density of Residential Development), LU -12 (Building
Heights) and LU -23 (Land Use Map and Categories), Housing Policy H-2 (Housing That
Fits into the Neighborhood Context), Neighborhoods Policy NH -2 (New Development in
Residential Neighborhoods), Community Design Policies CD -1d (City Image; Landscape
Improvement), CD -2 (Neighborhood Identity), CD -3 (Neighborhoods), CD -5 (Views), CD -
13 (Single -Family Residential Design Guidelines), CD -15 (Participation in Project
Review), CD -18 (Landscaping) and CD -19 (Lighting), Circulation Policy C-7 (Circulation
Improvement Funding), Infrastructure Policy 1-2 (Adequacy of Infrastructure and
Services), Sustainability Policies SU -5 (Reduce Use of Non -Renewable Resources) and
SU -6 (New and Existing Trees), Safety Policies S-1 (Location of Future Development),
S-3 (Use of Hazard Maps in Development Review), S-4 (Geotechnical Review), S-6
(Seismic Safety of New Buildings), S-18 (Storm Drainage Improvements), S-22 (Erosion)
and S-32 (Safety Review of Development Projects), Noise Policies N-3 (Planning and
Design of New Development) and N -10b (Nuisance Noise; Mitigation for Construction
Activity Noise), and Air and Water Polices AW -7 (Local, State and Federal Standards)
and AW -8 (Reduce Pollution from Urban Runoff); and
2. As documented in the Zoning Ordinance Consistency Table (Exhibit 5 of the Julv 11,
2017 Planninq Commission staff report), the proposed project will be consistent with the
objectives of the Zoning Ordinance, which is to promote and protect the public health
safety, peace, comfort and general welfare, given that:
a. The proposed project will implement and promote the goals and policies of the San
Rafael General Plan 2020, as identified in Finding Al above;
b. The project will reduce or remove negative impacts caused by inappropriate location,
use or design of buildings and improvements, given that; 1) The project is proposed
to be consistent with all applicable development standards and design criteria and
guidelines in both the R1 a District zone and the Hillside Development Overlay (-H)
District; and 2) The Design Review Board (Board) has reviewed the proposed project
and unanimously (4-0-2; Kent and Lentini absent) recommended approval of the site
and building design, subject to minor improvements which have been incorporated in
revised plans for review by the Planning Commission;
c. The project will ensure the adequate provision of light, air space, fire safety and
privacy between buildings, given that; 1) The new residence will be set back a
minimum of 100' (approx.) from the closest neighboring residence across Meyer Rd.
(20 and 24 Meyer Rd.) and a minimum of 300' (approx.) from all other neighboring
residences (166 Wolfe Grade and 20 and 25 Brushwood Ln.); and 2) the project is
conditioned to be designed and constructed in accordance with the most current
building, fire safety and seismic codes;
d. The project will provide for adequate, safe and effective off-street parking and
loading facilities, given that; 1) The proposed project will provide two (2) covered on-
site parking spaces and two (2) additional uncovered on-site parking spaces to meet
the requirements for new single-family development on streets less than 26' -wide;
and 2) The proposed project has been previously reviewed by the Board on February
7, 2017 who unanimously recommended approval of the site and building design,
including the on-site parking;
e. The proposed project will promote a safe, effective traffic circulation system, and
maintain acceptable local circulation system operating condition, given that; during
conceptual design review of the project, the Board provided comments that the new
driveway approach to Meyer Rd. should be widened to allow easy -to -maneuver and
safe egress and ingress;
f. The project will preserve and enhance natural resources and key visual features in
the community, including the bay, shoreline, canal, wetlands and hillsides, given that;
the project proposes to locate the new residence at the base of the hillside, closest to
Meyer Rd., and below the existing ridgeline and tree line to preserve a majority of the
site in its existing natural state;
g. The project will coordinate the service demands of new development with the
capabilities of existing streets, utilities and public services, given that; the proposed
project has been reviewed by the City's Traffic Engineer and all utility service
providers who have indicated that the service demands of the project can be met,
subject to the payment of fees to offset impacts; and
h. The project has provided opportunities for effective citizen participation in decision-
making, given that; staff referred the project to the appropriate neighborhood groups
(Gerstle Park Neighborhood Assn. and the Southern Heights Homeowner's
Association) early in the review process. Additionally, staff noticed all three (3) public
hearings on the project (November 18, 2014 concept review, February 7, 2017
formal design review and this Planning Commission hearing) in compliance with
Chapter 29 of the Zoning Ordinance (Public Notice). Notice of all three separate
meetings and this hearing were mailed to all property owners and occupants within a
300 -foot radius of the site, the appropriate neighborhood groups and all interested
parties, a minimum of 15 calendar days prior to the meetings or hearing, and notice
was posted on the project site along the Meyer Rd. frontage prior to all meetings. All
public comments received during the review of the proposed project are attached to
staff's report (Exhibit 7). All public comments were neither in support or opposition of
the project but, rather, are individual `concerns'. Comments received from other City
departments and non -City agencies on the project have been incorporated in the
review, either as plan revisions or conditions of approval; and
3. As documented in the Zoning Ordinance Consistency Table (Exhibit 5 of the Julv 11,
2017 Planning Commission staff report) attached to the staff report to the Planning
Commission, the proposed project will be consistent with the purposes of Environmental
and Design Review Permits, given that;
a. The project will maintain and improve the quality of, and relationship between,
development and the natural environment, given that; 1) The project proposes to
locate the new residence at the base of the hillside, closest to Meyer Rd., and below
the existing ridgeline and tree line to preserve a majority of the site in its existing
natural state; 2) The project proposes to limit existing tree removal to 35 trees to
preserve a majority of the site in its existing natural state; and 3) The project
proposes to preserve those potion of the ridgeline within an protected private open
space easement which also would preserve a majority of the site in its existing
natural state; and
b. The project will promote design excellence by encouraging creative design and the
innovative use of materials and methods and techniques, given that: the Board has
reviewed the proposed site and building design and recommended approval, subject
to minor modifications which have been incorporated into revised plans for review by
the Planning Commission; and
c. The project will preserve and enhance views from other buildings and public
property, given that; 1) As identified in Finding A2 (c) above, the new building will
provide a minimum 100' (approx.) setback from the closest neighboring residence;
and 2) As identified in Finding A3 (a) above, the project proposes to maintain a
majority of the hillside in a natural state by locating development adjacent to Meyer
Rd., limiting tree removal, and preserving the ridgeline and tree line in perpetuity with
a private conservation easement; and
B. The project design is consistent with all applicable site, architecture and landscaping design
criteria and guidelines for the Single -Family Residential — Hillside Development Overlay
(R1a-H) District in which the site is located, given that;
1. The project design will be consistent with the maximum allowable building height for the
site (30' allowed; 27.5' above existing grade proposed)
2. The project design will be consistent with the maximum allowable lot coverage for the
site (25% or 23,714 sq. ft. allowed, 2.6% or 2,479 sq. ft. proposed);
3. The project design will be consistent with the minimum required yard setbacks for the
site, as follows:
20' front required; 35' front proposed;
15' side required; 133' side (west)/120' (east) side proposed;
25' rear required; 96' rear proposed.
4. The project design will be consistent with the `step back' requirement for the site, as all
downslope exterior walls will be a maximum height of 20' above existing grade;
5. The project design will be consistent with the minimum `natural state' requirement on the
site (71.7% or 68,012 sq. ft. required; 86.9% or 82,457 sq. ft. proposed)
6. The project design will be consistent with the maximum `gross building square footage'
allowed for the site (6,500 sq. ft. allowed; 3,570 sq. ft. proposed);
7. The project design will be consistent with the parking requirement for the site. As follows:
• Two (2) covered parking spaces required; two (2) garage parking spaces
proposed; and
• Two (2) additional on-site parking spaces required due to non -conforming width
of Meyer Rd.; two (2) additional uncovered on-site parking spaces on driveway
proposed.
8. The proposed project will be consistent with review criteria for Environmental and Design
Review Permits (Chapter 14.25 of the Zoning Ordinance), given that; the Board
reviewed the formal application submittal at their February 7, 2017 meeting and, after
determining the project adequately met the review criteria for Environmental and Design
Review Permits, unanimously (4-0-2; Kent and Lentini absent) recommended approval
of proposed building and site design, subject to minor modifications which have been
incorporated in revised plans reviewed by the Planning Commission.
C. The project design minimizes adverse environmental impacts, given that:
The project proposes to remove 35 existing trees, five (5) of which are deemed
`significant' (i.e., any Oak tree more than 6" in diameter or any tree more than 12" in
diameter, as measured 4.5' above the root crown, and in good health and form), which
are required in hillside developments, to be replaced at a 3:1 ratio or 15 replacement
trees are required. The project proposes to plant 16, 15 -gallon container size,
replacement trees, all of which are California native ornamental species;
2. The proposed project includes storm water detention dissipater areas along the Meyer
Rd. frontage, between the residence and Meyer Rd., which will help mitigate the
resulting impacts of storm water surface runoff from the site; and
3. The site neither contains, nor is immediately contiguous to, recognizable wetlands,
creeks or similarly sensitive environmental features, and it has not been identified in the
San Rafael General Plan 2020 (Exhibit 38 — Threatened and Endangered Species) as a
general location were threatened and endangered species have been previously
observed or maintain a suitable habitat for their likely presence to be found.
D. The project design, 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: 1) The project has been
reviewed by appropriate City departments, non -City agencies, the appropriate surrounding
neighborhood group (Gerstle Park Neighborhood Assn. and the Southern Heights
Homeowner's Assn.) and the Board; 2) Conditions of approval have been included to
mitigate any potential negative impacts anticipated to be generated by the grading and
construction proposed by the project; and 3) The project would not change or increase the
allowable density of residential development on the site over the existing single-family
residential land use.
Exception (EX17-007)
Findings
1. There are no site development alternatives which avoid ridgeline development, given that;
the entire site is located within 100 vertical feet of the ridgeline; no alternative location on the
site exists which would not require the granting of the Exception to ridgeline development on
the site;
2. The density has been reduce to the minimum allowed by the General Plan land use
designation density range, given that; the site has a General Plan land use designation of
Hillside Residential (HR), which allows 0.5-2 units of gross density per acre and is consistent
with the one (1) residential unit proposed by the project on the site;
3. No new subdivision lots are created which will result in ridgeline development, given that;
the project does not propose to subdivide the site and the site is ineligible for subdivision
under the City's currently adopted Subdivision Ordinance. The site is 94,857 sq. ft. in area,
slightly over 2 acres. Pursuant to Section 15.07.020(a) of the Subdivision Ordinance, any
subdivision of the site would need to create parcels with a minimum lot size of 2 acres,
based on the HR General Plan land use designation and the 46.7% average cross -slope;
and
4. The proposed development will not have 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 intent of the City's adopted hillside development standards and design
guidelines is to reduce adverse visual impacts and adherence to these applicable standards
and guidelines will reduce project impacts as much as possible. To reduce perceived bulk
and mass on hillsides, new development on the site should both preserve as much existing
landscape screening as possible and augment with additional landscape screening, should
be located as close as possible to the Meyer Rd. frontage and should step up with the
existing natural slope. As currently proposed, the new residence would not project above the
ridgeline on the site and potential public views of the natural ridge tree silhouette would not
be interrupted. The applicant has installed story poles to help demonstrate the scale and
height or visual impacts of the project, representing the exterior wall heights at the corners
of the new residential structure and the roof ridge. At their February 7, 2017 meeting, the
Design Review Board unanimously recommended approval of the proposed building and
site design with minor modifications.
WHEREAS, the City Council makes the following findings of fact related to the California
Environmental Quality Act (CEQA);
California Environmental Quality Act (CEQA)
Findings
The project is exempt from the requirements of the California Environmental Quality Act
(CEQA), pursuant to Section 15303 (a) (New Structures), of the CEQA Guidelines; which
exempts single-family residences located within single-family residential zoning districts. The
project proposes to construct a new, 3,570 sq. ft., single-family residence on a vacant parcel
located within the R1a-H District, a single-family residential district.
NOW THEREFORE BE IT RESOLVED, that the City of San Rafael City Council does
hereby approve Environmental and Design Review Permit (ED15-027) and Exception (EX17-
007), subject to the following conditions of approval:
Environmental and Design Review Permit (ED15-027)
Conditions of Approval
General and On -Going
Communitv Development Department, Planninq Division
1. The building techniques, colors, materials, elevations and appearance of the project, as
presented to the Planning Commission at their July 11, 2017 hearing, by Oberkamper &
Associates Civil Engineers Inc. (Sh. C1-C6 and 1), Fredric C. Divine Associates Architects
(Sh. A1.1, A1.2, A2 and A3) and Matthew Reilly Landscape Architect (Sh. V1 and V2), and
on file with the Community Development Department, Planning Division, shall be the same
as required for issuance of all building/grading permits, subject to these conditions. Minor
modifications or revisions to the project shall be subject to review and approval of the
Community Development Department, Planning Division. Further modifications deemed
not minor by the Community Development Director shall require review and approval by
the original decision making body, the City Council, or the City's Planning Commission,
and may require review and recommendation by the City's Design Review Board.
2. The approved colors for the project are on file with the Community Development
Department, Planning Division. Any future modification to the color palette shall be subject
to review and approval by the Planning Division and those modifications not deemed
minor shall be referred to the Design Review Board for review and recommendation prior
to approval by the Planning Division.
3. This Environmental and Design Review Permit (ED15-027) approves the construction of a
3,570 sq. ft., multi -story single-family residence and associated site improvements
(driveway, retaining walls, drainage and landscaping) on a vacant 94,857 sq. ft. hillside
and ridgeline parcel (APN: 012-291-15).
4. The lower uncovered parking space along the driveway, closest to Meyer Rd., is required
to be redesign to include a landing with an average cross -slope no greater than 10%.
5. The applicant shall provide a copy of the recorded legal instrument which creates the
private open space easement along that portion of the ridgeline on the site. This document
shall contain language prohibiting development of any kind and making this private open
space easement irrevocable and in perpetuity.
6. All `off -haul' of excavation and delivery/pick-up of construction equipment shall occur
during off-peak weekday hours only, between 9:00 a.m. and 4:00 p.m., Monday through
Friday.
7. All grading and construction activities, including any and all deliveries of equipment,
materials and workers, shall be limited to 7 a.m. to 6 p.m., Monday through Friday, and 9
a.m. to 6 p.m., Saturdays. Low -noise construction, occurring entirely within the interior of
the building, may be permissible beyond these approved days/hours of operation with prior
approval by the Planning Division and only after the building is completely enclosed (walls,
roof, doors and windows). Any work on Sundays and federally -recognized holidays is
strictly prohibited.
8. Final landscape and irrigation plans for the project shall comply with the provisions of
Marin Municipal Water District's (MMWD) most recent water conservation ordinance
(currently Ordinance 429). Construction plans submitted for issuance of building/grading
permit shall be pre -approved by MMWD and stamped as approved by MMWD. The
building permit application submittal shall include a letter from MMWD approving the final
landscape and irrigation plans. Modifications to the final landscape and irrigation plans, as
required by MMWD, shall be subject to review and approval of the Community
Development Department, Planning Division.
9. All new landscaping shall be irrigated with an automatic drip system and maintained in a
healthy and thriving condition, free of weeds and debris, at all times. Any new landscaping
dying or dead shall be replaced in a timely fashion.
10. All public streets that are impacted by the grading and construction operation for the
project shall be kept clean and free of debris at all times. The general contractor shall
sweep the nearest street and sidewalk adjacent to the site on a daily basis unless
conditions require greater frequency of sweeping.
11. All submitted Building Permit plan sets shall include a plan sheet incorporating these
conditions of approval.
12. If archaeological or cultural resources are accidentally discovered during
excavation/grading activities, all work will stop within 100 feet of the resource and the
qualified archaeologist will be notified immediately. The qualified archaeologist will contact
Federated Indians of Graton Rancheria (FIGR) and the Planning Division and coordinate
the appropriate evaluation of the find and implement any additional treatment or
protection, if required. No work shall occur in the vicinity until approved by the qualified
archaeologist, FIGR and Planning Division staff. Prehistoric resources that may be
identified include, but shall not be limited to, concentrations of stone tools and
manufacturing debris made of obsidian, basalt and other stone materials, milling
equipment such as bedrock mortars, portable mortars and pestles and locally darkened
soils (midden) that may contain dietary remains such as shell and bone, as well as human
remains. Historic resources that may be identified include, but are not limited to, small
cemeteries or burial plots, structural foundations, cabin pads, cans with soldered seams or
tops, or bottles or fragments or clear and colored glass
If human remains are encountered (or suspended) during any project -related activity, all
work will halt within 100 feet of the project and the County Coroner will be contacted to
evaluate the situation. If the County Coroner determines that the human remains are of
Native American origin, the County Coroner shall notify FIGR within 24 -hours of such
identification who will work with Planning staff to determine the proper treatment of the
remains. No work shall occur in the vicinity without approval from Planning staff.
13. The applicant agrees to defend, indemnify, release and hold harmless the City, its agents,
officers, attorneys, employees, boards and commissions from any claim, action or
proceeding brought against any of the foregoing individuals or entities ("indemnities"), the
purpose of which is to attack, set aside, void or annul the approval of this application or the
adoption of any environmental document which accompanies it. This indemnification shall
include, but not be limited to, damages, costs, expenses, attorney fees or expert witness
fees that may be asserted or incurred by any person or entity, including the applicant, third
parties and the indemnities, arising out of or in connection with the approval of this
application, whether or not there is concurrent, passive or active negligence on the part of
the indemnities.
14. In the event that any claim, action or proceeding as described above is brought, the City
shall promptly notify the applicant of any such claim, action or proceeding, and the City will
cooperate fully in the defense of such claim, action, or proceeding. In the event the
applicant is required to defend the City in connection with any said claim, action or
proceeding, the City shall retain the right to: 1) approve the counsel to defend the City; 2)
approve all significant decisions concerning the manner in which the defense is
conducted; and 3) approve any and all settlements, which approval shall not be
unreasonably withheld. Nothing herein shall prohibit the City from participating in the
defense of any claim, action or proceeding, provided that if the City chooses to have
counsel of its own to defend any claim, action or proceeding where applicant already has
retained counsel to defend the City in such matters, the fees and the expenses of the
counsel selected by the City shall be paid by the City.
15. The applicant agrees to be responsible for the payment of all City Attorney expenses and
costs, both for City staff attorneys and outside attorney consultants retained by the City,
associated with the reviewing, process and implementing of the land use approval and
related conditions of such approval. City Attorney expenses shall be based on the rates
established from time to time by the City Finance Director to cover staff attorney salaries,
benefits, and overhead, plus the actual fees and expenses of any attorney consultants
retained by the City. Applicant shall reimburse City for City Attorney expenses and costs
within 30 days following billing of same by the City.
16. This Environmental and Design Review Permit (ED15-027) shall run with the land and
shall remain valid regardless of any change of ownership of the project site, subject to
these conditions, provided that a building/grading permit is issued and construction
commenced or a time extension request is submitted to the City's Community
Development Department, Planning Division, within two (2) years of approval, or
September 18, 2019. Failure to obtain a building permit and construction commenced or
failure to obtain a time extension within the two-year period will result in the expiration of
this Environmental and Design Review Permit.
17. This Environmental and Design Review Permit (ED15-027) shall run concurrently with the
Exception (EX17-007) approval. If the Environmental and Design Review Permit expires,
the Exception approval shall also expire and become invalid.
Prior to Issuance of Grading/Building Permits
Communitv Development Department, Plannina Division
18. A Construction Management Plan (CMP) shall be prepared and submitted to the Planning
Division for review and approval by staff with the recommendation of the City Engineer.
The CMP shall include, but is not limited to, carpool details for construction workers,
proposed construction truck route, proposed location of material staging areas, proposed
location of construction trailers, proposed location of construction worker parking,
proposed dust control program, a statement that immediately impacted neighbors along
Meyer Rd. (15, 18, 19, 20, 24, 28, 32 and 36 Meyer Rd.) shall receive weekly notices of
the upcoming construction/grading schedule, a statement that all delivers of materials shall
be small loads and more frequent, a statement that all delivery of materials and grading
shall be flagman -assisted as needed, a statement that vehicular traffic shall be maintained
along Meyer Rd. at all times, a statement that the project shall conform to the City's Noise
Ordinance (Chapter 8.13 of the San Rafael Municipal Code), as modified by these
conditions, which limits the days and hours of all grading and construction activities. In the
event that the CMP is conflicting with any conditions imposed by the grading permit for the
project, the more restrictive language or conditions shall prevail.
Public Works Department
19. A grading permit is required from the Public Works Department (111 Morphew St.).
Provide detailed grading plans and soil erosion plans. Include a Construction Management
Plan. Provide a statement from Marin Municipal Water District that the driveway may
encroach over their existing easement.
20. A traffic mitigation fee of $16,984 shall be required.
21. The drainage plan shall be modified to show all storm water facilities (detention and
dissipater systems) shall be located completely on-site and maintained by the owner.
22. The project proposes a total of more than 2,500 sq. ft. of new impervious area, Provide a
storm water control plan in compliance with MCSTOPPP requirements. Please refer to
http://www.marincountv.orq/depts/pw/divisions/mcstoppp/development/new-and-
redevelopment-proiects.
23. All work in the public right of way requires the issuance of an encroachment permit from
the Public Works Department. The project engineer shall submit three (3) sets of plans
showing all work proposed in the public right-of-way, including details of all utilities, to the
City Engineer for review and approval.
24. Include a BMP (Best Management Practices) sheet with each construction drawing set
submitted for building permit.
25. A construction vehicle impact fee shall be required, which is calculated at 1% of the
valuation, with the first $10,000 of valuation exempt.
Communitv Development Department, Buildinq Division
26. School fees will be required for the project. School fees for residential construction are
currently computed at $2.97 per square foot. Calculations are done by the San Rafael City
Schools, and those fees are paid directly to them and proof of payment shall be submitted
to the Building Division prior to issuance of the building permit.
27. The design and construction of all site alterations shall comply with the 2016 California
Residential Code, 2016 California Building Code, 2016 Plumbing Code, 2016 Electrical
Code, 2016 California Mechanical Code, 2016 California Fire Code, 2016 California
Energy Code, 2016 Title 24 California Energy Efficiency Standards, 2016 California Green
Building Standards Code and City of San Rafael Ordinances and Amendments, or the
codes that are in effect at the time of building permit submittal.
28. A building permit is required for the proposed work. Applications shall be accompanied by
four (4) complete sets of construction drawings to include:
a) Architectural plans
b) Structural plans
H
C) Electrical plans
d) Plumbing plans
e) Mechanical plans
f) Fire sprinkler plans
g) Site/civil plans (clearly identifying grade plan and height of the building)
h) Structural Calculations
i) Truss Calculations
j) Soils reports
k) Green Building documentation
1) Title -24 energy documentation
29. Each building shall have address identification placed in a position that is plainly legible and
visible from the street or road fronting the property. For new construction and substantial
remodels, the address shall be internally -illuminated or externally -illuminated and remain
illuminated at all hours of darkness. Number shall be a minimum 4 inches (4") in height with
'/2 inch stroke for residential occupancies. The address shall be contrasting in color to their
background.
30. The new address of the structure is determined by the Chief Building Official. The tentative
address for the proposed dwelling is 23 Meyer Rd. The address for the new dwelling shall be
legalized upon completion of its construction. The title block on each sheet of each plan set
for all permit applications shall provide the proposed building's address identification
information.
31. A detailed soils report shall be prepared by a qualified engineer to address the proposed
grading (soils export, import and placement) or site remediation. In particular, the report
shall address the compaction of soils at the building pad and driveway locations and shall
be based on an assumed foundation design.
32. As a new building, the project is required to comply with the California Green Building
Code, including Tier 1 standards.
33. All new construction, additions, or remodels shall comply with the Wood -Burning
Appliance Ordinance. New wood burning fireplaces and non -EPA certified wood stoves
are prohibited.
34. This new building is located within a Wildland-Urban Interface Area. The building materials
systems and/or assemblies used in the exterior design and construction shall comply with
California Building Code Chapter 7A.
San Rafael Fire Department, Fire Prevention Bureau
35. The design and construction of all site alterations shall comply with the 2016 California
Fire Code and City of San Rafael Ordinances and Amendments.
36. Deferred Submittals for the following fire protection systems shall be submitted to the Fire
Prevention Bureau for approval and permitting prior to installation of the systems:
a) Fire Sprinkler plans (Deferred Submittal to the Fire Prevention Bureau)
37. The following additional fire protection features shall be incorporated in the project design:
a) Street address sign shall be visible from the roadway as per SRMC Chapter 4
Section 505.1.
b) KNOX key switch is required if a driveway gate is installed as per SRMC Chapter
4 Section 506.1.
C) The existing fire hydrant adjacent to the project shall be upgraded per SRMC
Chapter Section 507.5.1.2.2.
38. When a building is fully sprinklered, all portions of the exterior building perimeter shall be
located within 250 -feet of an approved fire apparatus access road designed to meet the
following standards:
a) The minimum width of the fire apparatus access road shall be 20 feet.
b) The minimum inside turning radius for the fire apparatus access road shall be 28
feet.
C) If the fire apparatus access road serving this building is more than 150 feet in
length, an approved turn -around shall be provided. Please contact the Fire
Prevention Bureau(robert.sinnott(a)citvofsanrafael.orq or (415) 458-5004) for
specific details.
d) All fire lanes shall be designated; painted red with contrasting white lettering
stating "No Parking Fire Lane". A sign shall be posted in accordance with the
CFC Section 503.3.
39. This property is located in a Wildland-Urban Interface (WUI) area. Provide a written
Vegetation Management Plan (VMP) that includes a 200'graduated fuel management
design submitted to the San Rafael Fire Department. This VMP must be completed and
verified prior to final approval. Requirement of continued compliance with the
approved VMP must be placed within CC&R's.
San Rafael Sanitation District
40. The proposed new sewer facilities shall adhere to the San Rafael Sanitation District
(SRSD) Standard Specifications for Side Sewers and Laterals. The applicant shall provide
a profile for the surface and invert elevations for the proposed pipeline.
41. Provide information on type, size, slope and details on the proposed utility trench and
backfill.
42. Cleanouts are required every 90 linear feet and must be installed at each bend or change
in direction greater than 450
.
43. A sewer connection fee of $8,980.16 is required, which may increase based on date of
building permit issuance.
During Construction
Marin Municipal Water District
44. The parcel shall be eligible for water service upon request and fulfillment of the following
requirements:
a) Complete a High Pressure Water Service Application.
b) Submit a copy of the approved building permit.
c) Pay the appropriate fees and charges.
d) Complete the structure's foundation within 120 days of the date of the application.
e) Comply with the Main Municipal Water District (MMWD) rules and regulations in
effect at the time service is requested.
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f) Comply with all indoor and outdoor requirements of District Code Title 13 — Water
Conservation. Indoor plumbing fixtures shall meet specific efficiency requirements.
Landscape, irrigation, grading and fixture plans shall be submitted to the District for
review and approval. Any questions regarding District Code Title 13 — Water
Conservation should be directed to the District's Water Conservation Department at
(415) 945-1497. You may also find information on the District's water conservation
requirements online at www.marinwater.orci..
g) Comply with the backflow prevention requirements, if upon the Districts review
backflow protection is warranted, including installation, testing and maintenance.
Questions regarding backflow requirements should be directed to the Backflow
Prevention Program Coordinator at (415) 945-1558.
h) Use of recycled water is required, where available, for all approved uses, including
irrigation and the flushing of toilets and urinals. Questions regarding the use of
recycled water should be directed to (415) 945-1558.
Pacific Gas & Electric
45. Electric and gas service to the project site will be provided in accordance with the
applicable extension rules, which are available on PG&E's website at
httr)://www.pge.com/mvhome/customerservice/other/newconstruction or contact (800)
PGE -5000. It is highly recommended that PG&E be contacted as soon as possible so that
there is adequate time to engineer all required improvements and to schedule any site
work.
46. The cost of relocating any existing PG&E facilities or conversion of existing overhead
facilities to underground shall be the sole responsibility of the applicant or property owner.
47. Prior to the start excavation or construction, the general contractor shall call Underground
Service Alert (USA) at (800) 227-2600 to have the location of any existing underground
facilities marked in the field.
Prior to Occupancy
Communitv Development Department, Planning Division
48. Final inspection of the project by the Community Development Department, Planning
Division, is required. The applicant shall contact the Planning Division to request a final
inspection upon completion of the project. The final inspection shall require a minimum of
48-hour advance notice.
49. All landscaping and irrigation shall be installed prior to occupancy. In the alternative, the
applicant or property owner shall post a bond with the City in the amount of the estimated
landscaping/irrigation installed cost. In the event that a bond is posted, all areas proposed
for landscaping shall be covered with bark or a substitute material approved by the
Planning Division prior to occupancy. Deferred landscaping through a bond shall not
exceed three (3) months past occupancy.
50. The landscape architect for the project shall submit a letter to the Planning Division,
confirming the landscaping has been installed in compliance with the approved project
plans and the irrigation is fully functioning.
51. All exterior lighting shall be shielded to reduce off-site glare. A minimum of one (1) foot
candle at ground level overlap shall be provided at all exterior doorways and throughout
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the vehicle parking area. Less than one (1) foot candle at ground level overlap shall be
provided on all property lines.
52. All ground- and rooftop -mounted mechanical equipment shall be fully screened from public
view.
53. All trash and recycling containers shall be fully screened from public view within an
appropriately located and designed enclosure structure.
After Occupancy
Community Development Department, Planning Division
54. Following the issuance of a Certificate of Occupancy, all new exterior lighting shall be
subject to a 90 -day lighting level review period by the City to ensure that all lighting
sources provide safety for the building occupants while not creating a glare or hazard on
adjacent streets or be annoying to adjacent residents. During this lighting review period,
the City may require adjustments in the direction or intensity of the lighting, if necessary.
Exception (EX17-007)
Conditions of Approval
This Exception (EX17-007) approves the construction of a single-family residence within a
development envelope located at the base of the hillside and ridgeline site, along the
Meyer Rd. frontage. The specific building design and location shall be consistent with the
Environmental and Design Review Permit (ED15-027) approval.
2. This Exception shall run shall run concurrently with the Environmental and Design Review
Permit (ED15-027) approval. If the Environmental and Design Review Permit expires, the
Exception shall also expire and become invalid.
I, ESTHER C. BEIRNE, 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 Monday, the 18th day of September, 2017, by the following vote, to
wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
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