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HomeMy WebLinkAboutCD 45 Happy Lane RezoningAgenda Item No: Meeting Date: September 21, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Prepared by: Bob Brown, CDD Director (KT) City Manager Approval: SUBJECT: Request for Rezoning (ZC08-001), Subdivision (S08-004), Environmental and Design Review (ED09-15) and Exception (EX09-005) for a hillside residential two -lot subdivision located at 45 Happy Lane; APN: 010-011-53. RECOMMENDATION: Staff recommends that the City Council take the following action: 1. Adopt by Resolution a Mitigated Negative Declaration prepared for the project. 2. Introduce an Ordinance to rezone proposed Parcel 1 from Single -Family Residential R -2a -H District to R-20 District. Adopt a Resolution approving a two -lot hillside Subdivision (S08-004) with exceptions to street design standards, an Environmental and Design Review permit (ED09-015) for the hillside subdivision, and Exception (ED09-005) for a reduced sideyard setback. BACKGROUND: Summary This project proposes to split a residentially developed 4.24 -acre parcel into two lots, located in Sun Valley neighborhood west of downtown. The development would subdivide the property at the minimum density range established by the Hillside Residential General Plan land use designation (i.e., 0.5 units per acre). The rezoning proposed for Parcel 1 would allow the parcel to be split with appropriately sized lots consistent with the density range and hillside subdivision slope density tables (Title 15.07). The project also includes a setback exception request and subdivision street standards exceptions request. The project has received recommendations for approval by the Design Review Board (June 2, 2009) and Planning Commission (August 25, 2009), with conditions. The project has received no public opposition to date, and is supported and appropriately conditioned by all City departments. Minor issues that resulted in further discussion included the grant of setback exception for the lot, and whether public access to open space was needed from Happy Lane. These topics have been resolved and are discussed further under the Zoning Ordinance Consistency - Exceptions, and Subdivision Ordinance Consistency - Dedications and Easements discussion sections in this report, Page 4. Site Description/Setting The subject 4.24 acre parcel is irregularly shaped and part of a 6 lot private residential development located on a common private roadway at the end of Happy Lane. The lot is a large remainder parcel developed with a single-family residence, two detached barns, a swimming pool, a veranda, and a shed, all located at the southerly end of the large parcel. The site slopes up SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paee: 2 from Happy Lane, from 130 -foot to 350 -foot contour elevation, with an overall average slope of 35.7 -percent. The property is adjacent to Mann County Open Space lands to the north, east and west. Sun Valley elementary school lies adjacent to the south boundary line. Approximately 3.5 -acres of the site (located behind and upslope of the developed area) have remained as undeveloped, ruderal (native and non-native volunteer) grasslands. The upper hillside slope and adjacent county open space lands are a scenic hillside resource. A residentially developed ridgeline is located above the site at the 420 -foot contour elevation. The surrounding residential parcels are zoned low-density Single -Family Residential R5 District. The site and surrounding land uses are summarized in the following table: History The subject property, residences and common private road were constructed between 1920 and 1950 as part of a private residential development situated on a large 7 -acre rectangular tract of land. In the 1980's, the properties were recognized as legal lots through issuance of a certificate of compliance. At that time, approximately 2 acres of the original land area, located at the top of the hillside, were deeded to the county as open space. On March 21, 2008 the owners, James and Barbara Breitmeyer applied for a Planned Development (PD) rezoning, subdivision and design review. The PD was initially considered as necessary to develop lot size and setbacks that respected the hillside slope constraints and were compatible with the adjacent home sites. Staff recommended using a conventional zoning designation after determining that use of a standard zoning district would be possible and would implement the General Plan and subdivision regulations. At the time of application, all 6 parcels were commonly owned. Two of the parcels have since been sold. On June 2, 2009 the project was reviewed and favorably recommended by the Design Review Board (DRB). The Board supported the requested 5 -foot reduced side yard setback for the new vacant parcel, which is considered appropriate for the limited building area and compatible with the adjacent lots. The Board also recommended that additional parking pullouts be provided in the new driveway. The DRB minutes are included as Attachment 11. On August 25, 2009 the Planning Commission (PC) conducted a public hearing and adopted resolutions recommending that the City Council approve the Mitigated Negative Declaration, Rezoning, Subdivision and related entitlements. The Commission further directed staff to investigate whether the public access easement requested by Community Services was desirable and could be provided from the end of Happy Lane. The PC meeting minutes and resolutions are included as Attachments 9 and 10 to this report. Project Description The project proposes Subdivision, Rezoning, Environmental and Design Review Permit and Exception to develop one additional residence on a hillside parcel. The subdivision would split a single 4.244 -acre parcel into two individual lots, 0.777 -acres (Parcel 1) and 3.467 -acres (Parcel General Plan Designation Zoning Designation Existing Land -Use Project Site: Hillside Residential R2a-H Sin le -Family (SFR) North: Open Space P/OS County Open Space South: Low Density Residential R5 Sun Valley School East: Low Density Residential P/OS, R5 Open Space & SFR West: Open Space P/OS County Open Space History The subject property, residences and common private road were constructed between 1920 and 1950 as part of a private residential development situated on a large 7 -acre rectangular tract of land. In the 1980's, the properties were recognized as legal lots through issuance of a certificate of compliance. At that time, approximately 2 acres of the original land area, located at the top of the hillside, were deeded to the county as open space. On March 21, 2008 the owners, James and Barbara Breitmeyer applied for a Planned Development (PD) rezoning, subdivision and design review. The PD was initially considered as necessary to develop lot size and setbacks that respected the hillside slope constraints and were compatible with the adjacent home sites. Staff recommended using a conventional zoning designation after determining that use of a standard zoning district would be possible and would implement the General Plan and subdivision regulations. At the time of application, all 6 parcels were commonly owned. Two of the parcels have since been sold. On June 2, 2009 the project was reviewed and favorably recommended by the Design Review Board (DRB). The Board supported the requested 5 -foot reduced side yard setback for the new vacant parcel, which is considered appropriate for the limited building area and compatible with the adjacent lots. The Board also recommended that additional parking pullouts be provided in the new driveway. The DRB minutes are included as Attachment 11. On August 25, 2009 the Planning Commission (PC) conducted a public hearing and adopted resolutions recommending that the City Council approve the Mitigated Negative Declaration, Rezoning, Subdivision and related entitlements. The Commission further directed staff to investigate whether the public access easement requested by Community Services was desirable and could be provided from the end of Happy Lane. The PC meeting minutes and resolutions are included as Attachments 9 and 10 to this report. Project Description The project proposes Subdivision, Rezoning, Environmental and Design Review Permit and Exception to develop one additional residence on a hillside parcel. The subdivision would split a single 4.244 -acre parcel into two individual lots, 0.777 -acres (Parcel 1) and 3.467 -acres (Parcel SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa2e: 3 2) in size. Parcel 1 would maintain the existing single-family residence and associated ancillary structures. Parcel l would be developed with a new single-family residence within a building envelope proposed at the lower, downslope portion of the site. The upper hillside portion of the site, approx. 3.08 acres located above the proposed access driveway, would be designated for conservation as a "natural state area" (e.g. private open space). The newly created parcel would be accessed from the existing 20 -foot wide paved private road, which is located within an existing 40 -foot wide roadway and utility easement. This road is used by the adjoining six existing residential parcels. The existing roadway contains slopes of up to 25%. The new driveway would maintain a maximum 18% slope. The project requires approval of the following entitlements: • Minor Subdivision Tentative Map (508-004) to subdivide 45 Happy Lane into two lots, with an exception to San Rafael Municipal Code Title 15 (Subdivisions) to allow a single 20 - foot wide access street that exceeds 350 -feet in length serving the project; whereas SRMC Sections 15.06.050 (Street classifications and requirements) (f) and (h) standards require a minimum 25 -foot paved width and secondary access road to the site. • Zone Change (ZC08-001) to rezone proposed Parcel 1 from the Single -Family Residential R2a-H zone district to R20 zone district. The proposed zoning designations would accommodate the proposed lot split and meet minimum General Plan density range and Title 15 Slope Density Table standards. • Environmental and Design Review Permit (ED09-015) to approve the building envelope, site plan and conceptual design for a new hillside single-family residence on proposed Parcel 2. • Exception Request (EX09-005) to permit 5 -foot reduction in the R2a-H District minimum required 15 -foot side yard setback, along the east side of Parcel 2. The building envelope would establish a 15 foot west side setback and 10 foot east side setback. The downslope (front) setback would be increased from the required 20 -feet to 25 -feet. ANALYSIS: San Rafael General Plan 2020 Consistency: The attached General Plan 2020 consistency analysis (Attachment 6) shows the proposed lot split is consistent with the Hillside Residential land use designation and 0.5-2 unit density range, which allows 2 to 8 parcels for the property. The consistency table also confirms the project is consistent with all applicable scenic hillside resources, seismic safety, drainage, community design and neighborhood design policies. Policies NH -5, NH -153 and C-4 addressing safe street design and pedestrian safety are not considered to be directly implicated by the project given that the two -lot subdivision does not require public street improvements, and uses an existing private road access that will not serve a larger residential area. Furthermore, policies PR -25 and C-7 are satisfied by requiring the project to pay fees for its fair share contribution toward demand for parklands (for 0.0075 -acres) and traffic improvements (for 2 peak hour trips), which have been identified for build -out under the General Plan. These requirements shall be established as conditions of approval. Zoning Ordinance Consistency: Zoning Districts The attached Zoning Ordinance consistency analysis (Attachment 7) shows the project complies with the pertinent development standards. The project proposes appropriate zoning districts for the proposed lots that would conform to the hillside slopes of the property, with the smaller lot SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 zoning R20 proposed for the area with 11 % slope, and larger lot zoning of R2a-H proposed to be retained for the area with significant slope of 41 %. These zoning designations are consistent with the resulting lot sizes and slopes, and the 0.77 acre and 3.46 acre lot sizes would not allow these parcels to be further subdivided. Staff supports using conventional zoning districts that achieve the minimum General Plan density range and that would not accommodate any further re -subdivision of the resulting lots. Exception The Board and Commission discussed whether the setback exception for the interior side yard setback was warranted for the large 3.4 acre vacant parcel, and it was suggested that it might be premature to grant this reduction. However, the setbacks for Parcel l must be addressed as part of the lot split because a building envelope is required to be established for the new hillside lot, pursuant to the Hillside Subdivision Ordinance, Title 15. The conceptual house plans illustrate that the exception provides more flexibility in house design and placement to meet the Hillside Design Guidelines. The Hillside Overlay ordinance also encourages setback reductions where it results in reduced grading on hillsides. Staff has concluded the exception appears warranted based on the reduced area that remains for development after the majority of the lot (3.08 acres) is preserved as permanent private open space. The resulting buildable lot width is 81 -feet and area is 0.45 -acres. The resulting buildable lot area and proposed setbacks would be consistent with the surrounding lots and development patterns. The exception is further offset by the fact that the property would maintain a 15 -foot setback separation from open space on the west side, and provide an increased 25 -foot front yard setback, and substantially large rear setback. Subdivision Ordinance Consistency Lot Standards The applicable subdivision ordinance criteria are discussed in the attached Subdivision Ordinance Consistency table (Attachment 8). This analysis confirms that the resulting parcel sizes are consistent with the slope density tables in Section 15.07.020, and sensitive to the hillside setting, in that Parcel 1 is allowed to be smaller (min. 0.5 acres) given its low, 11 % slope and Parcel 2 should be larger (min. 2 acres) given its significant 41% slope. Subdivision Exception The subdivision standards applicable to this project would require that the private road be constructed to City standards with a minimum 25 -foot width. Also, the extension proposed at the end of the road would trigger requirement for a secondary egress to be provided. Public Works and Fire have concluded the road width is acceptable for one additional home. A hammerhead turnaround and private hydrant have also been required to serve the new home. The private road extension to accommodate the hammerhead should not trigger a need for secondary egress, as this extension is not needed to serve any additional lots, but rather to assure the new lot can be adequately served and protected at the existing road. Dedications and Easements The subdivision will provide its fair share contribution toward General Plan 2020 build -out assumptions for traffic improvements and parklands through payment of mitigation fees. Payment of $8,942.00 is required for 2 additional peak hour traffic trips and $1,978.98 to fund park improvements and expansion of recreational facilities. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pau: 5 During processing of this application, the City had formed a Ridge Trail Access Committee to investigate locations where additional bicycle trail connections could be located. This effort was initiated to replace bicycle trail access that was previously available through the Mt. Tamalpais Cemetery. Access through the site from Happy Lane was identified as a potential opportunity. Such a trail would either head west through Parcel 1 along the driveway for 45 Happy Lane, or ascend the steep private road easement which would require 3'd party property owner approvals. The owner is not agreeable to granting this easement. As directed by the Planning Commission, staff discussed the desire and need for this easement with Community Services and County Open Space staff. Based on these discussions, both City and County staff have concluded that pursuing such an easement would be problematic because, i) the site is not identified as a potential open space trail connection in the City General Plan, ii) there are other potentially more suitable opportunities to expand existing trails adjacent to Sun Valley School or from parcels to the west and north, including 2416 Fifth Avenue and the Cemetery, iii) the owners are not amenable to a trail, and iv) the area required for a trail has not been full studied and the site appears to be too constrained. As a result of this further investigation staff is not recommending that a new public trail access be required from Happy Lane through the site. The Planning Commission Resolution had also included a condition (Condition 10) requiring an irrevocable offer of an open space trail easement across the northerly 50 -feet of Parcel 2, to allow a future trail to traverse the site and connect open space lands. However, in discussions with James Raives of Marin County Open Space, it was concluded that such a trail would not likely be pursued due to topographic and slope constraints. Therefore, this condition has been removed from the draft Council Resolution approving the subdivision. Environmental Determination An Initial Study was completed for the project which resulted in preparation of a Mitigated Negative Declaration (MND), dated July 30, 2009. The document circulated for a minimum 20 - day public review period in compliance with the California Environmental Quality Act (CEQA). The initial study relied upon a project specific geotechnical investigation report, drainage study and biological assessment that were prepared for the site. Source references are found on page 48 of the IS/MND document. The project mitigates its potential impacts on hillside scenic resources by reducing development to the lowest allowable density, clustering development at the base of the hill near existing development, and preserving 3.08 acres of the upper hillside slope as permanent private open space. The project also self -mitigates potential drainage impacts by including storm drainage improvements recommended in the drainage analysis, and proposing to meet Marin County Stonnwater Pollution Prevention (MCSTOPP) requirements for treatment of stormwater runoff. All final improvement plans and details would be reviewed prior to recordation of a final map and/or issuance of building permits The initial study/mitigated negative declaration concludes the project would result in potentially significant impacts on Air Quality, Cultural Resources, Geology and Soils and Transportation and Traffic. Air Quality impacts are construction -related and would be addressed with measures to reduce dust and fumes. Standard mitigation is recommended to address the low potential for Cultural Resources to be encountered during construction. Geological impacts would be addressed by assuring the investigation report recommendations for erosion control and foundation designs are implemented in detailed construction drawings. Traffic impacts would be addressed through payment of standard traffic impact mitigation fees for the 2 additional peak hour trips. Mitigation measures are listed in a Mitigation Monitoring and Reporting Program prepared for the project, on pages 5 through 9 of the Happy Lane project initial study. All project impacts would be mitigated to less -than -significant levels. At the August 25`h Commission SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6 meeting, staff recommended a correction to its discussion of impacts on historical resources, to note that the two existing barns on the property are listed on a local historical list, not the state list. The corrections are found on page 17 of the IS/MND, and a revision page has been attached (Attachment 12). Planning Commission and Design Review Board Comments At the June 2nd Design Review Board meeting, the Board concluded the lot access and placement of the house were appropriate, that the size and scale of a home on the site would be sensitive to the hillside and neighbors, that the request for setback exception was acceptable, and that additional guest parking should be provided in the new driveway. The need for setback exception was discussed given the size of the large lot size of Parcel 2. The Board concluded that the 5 -foot reduction to an interior side yard would be acceptable, in particular considering that the original intent was to request a PD and propose setbacks similar to the adjacent smaller lots. The Planning Commission supported the project at its August 251' meeting, including the recommendations of the Board and staff. The Commission further recommended changes to project conditions, including re -designating the conservation area restriction as a natural state area with additional language to clarify permitted uses within the area and avoid confusion as to the intent. They also agreed to allow an earlier 8am construction start time during weekdays. Lastly, staff was directed to further investigate whether the public access easement suggested by the Ridge Trail Committee was still desirable and could be accommodated from the end of Happy Lane. As mentioned above, staff discussed the open space trail access easement requests further with the Community Services Director, and Marin County Open Space and the County have indicated they are no longer interested in pursuing these easements. Thus, the project conditions have been revised accordingly. Staff notes that the Commission also struggled with grant of the setback exception for this lot, and staff has discussed the issues further in the analysis provided above. Public Notice and Correspondence A neighborhood meeting was not required or held for the project. Notices of the project public hearings have been provided in accordance with the requirements contained in Chapter 29 of the Zoning Ordinance, and the California Environmental Quality Act. A Notice of Public Hearing and intent to adopt a Mitigated Negative Declaration was posted on-site, and mailed to all property owners and occupants within a 300 -foot radius of the subject site, the Sun Valley neighborhood association, and all other interested parties who requested to be notices of this hearing. The notices, and were completed 15 calendar days prior to the date of the Design Review Board meeting, 20 days prior to this Planning Commission hearing, and 15 days prior to the City Council hearing. Notices of the rezoning request were also published in the Marin IJ on August 3, 2009 and September 4, 2009, at least 15 days prior to the Planning Commission and City Council hearings. The public hearing notice is attached (Attachment 5). Conditions of Approval Staff has proposed further revisions to project conditions in addition to the recommendations in the Planning Commission resolution. As noted in the discussion above, trail access easement conditions have been removed. Furthermore, conditions 12 and 15 have been revised and condition 16 has been added to further clarify the purpose and intent of open space fencing requirements, and to assure the drainage improvement and street maintenance obligations of the future owner(s) of Parcel 2 are specified. The revised conditions are highlighted and in underline text format in the draft Council resolution approving project entitlements. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa$te: 7 FISCAL IMPACT: The project would contribute its fair share cost of $1,987.98 for Park Dedication in -lieu fees and $8,492.00 for traffic mitigation fees, to fund programmed traffic improvements and parklands required to accommodate build -out under the General Plan 2020. There would not be a fiscal impact on the City budget or staffing or service demands. OPTIONS: The City Council has the following options: 1. Adopt the Mitigated Negative Declaration (MND) and approve the applications as presented, and conditioned (staff recommended action). 2. Adopt the Mitigated Negative Declaration (MND) and approve the applications with certain modifications, changes or additional conditions of approval. 3. Continue the applications to allow the applicant and/or staff to address any of the Councils comments or concerns with the MND or project. 4. Deny the rezoning and project and direct staff to return with a revised resolution. ACTION REQUIRED: 1. Adopt Resolution adopting Mitigated Negative Declaration 2. Introduce Ordinance for Rezoning, pass to print and schedule 2nd reading 3. Adopt Resolution approving Subdivision, Environmental and Design Review and Exception. ATTACFIMENTS Page No. 1. Vicinity Map 8 2. Draft Resolution adopting the Mitigated Negative Declaration 9 3. Draft Ordinance Rezoning property from R2a-H to R-20 District 19 4. Draft Resolution approving the subdivision, design review and exception requests 27 5. Public Hearing Notice 41 6. General Plan 2020 Consistency Table 42 7. Zoning (Title 14) Consistency Table 53 8. Subdivision (Title 15) Consistency Table 60 9. Planning Commission Resolutions No.'s 09-07, 09-08 & 09-09 (MND, Rezoning and 63 Entitlements) 10. Planning Commission Minutes, August 25, 2009 80 11. Design Review Board Minutes, June 2, 2009 87 12. Mitigated Negative Declaration errata page* 92 13. Reduced Project Plans (Full-sized sets distributed to the City Council only) 93 *The draft Mitigated Negative Declaration was distributed to the City Council on September 8r' ATTACHMENT 1 Vicinity Map ATTACHMENT I - VICINITY MAP 45 Happy Lane Project ATTACHMENT2 Draft Council Resolution Adopting MND RESOLUTION RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE RESIDENTIAL REZONE AND TWO -LOT SPLIT PROJECT AT 45 HAPPY LANE; APN 010-011-53 WHEREAS, on March 21, 2008, applications were submitted by James and Barbara Breitmayer to the Community Development Department requesting approval of a rezoning (ZC08-001), two -lot subdivision (S08-004) and related entitlements (ED09- 015, EX09-005) for a 4.24 acre single-family residential property at 45 Happy Lane, and the applications were subsequently deemed complete for processing; and WHEREAS, consistent with the requirements of the City of San Rafael Environmental Assessment Procedures Manual and the provisions of the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration was prepared for the proposed project, which found that the project would not result in a significant effect on the environment in that revisions to the project have been made or agreed to by the project applicant to mitigate potential adverse impacts; and WHEREAS, consistent with the provisions of CEQA, a Mitigation Monitoring and Reporting Program has been prepared to implement the project mitigation measures and to accompany the Mitigated Negative Declaration; and WHEREAS, notices regarding the Mitigated Negative Declaration prepared for this project were published in a local newspaper of general circulation in the area and mailed to surrounding property owners within 300 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups pursuant to CEQA Guidelines Section 15072; and WHEREAS, the Mitigated Negative Declaration was made available for a 20 -day review period by pertinent agencies and interested members of the public, commencing on August 3, 2009; and WHEREAS, on August 25, 2009, the Planning Commission held a duly noticed public hearing on the proposed project and the Mitigated Negative Declaration, accepting all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, the Planning Commission recommended a correction be made to the environmental document to accurately note that the two historic barn structures on the property are listed on the local historical survey but are not listed on the California Register of Historical Resources, and concluded that this factual correction would not alter the environmental determination (under Aesthetics Section I.A.b) that this project would have less -than -significant impacts to scenic historic building resources. The correction has been made by staff on page 17 of the MND; and ATTACHMENT 2 —CC Resolution Adopting MND 45 Happy Lane Project ATTACHMENT 2 Draft Council Resolution Adopting MND WHEREAS, on September 21, 2009, the City Council held a duly noticed public hearing on the proposed project and the Mitigated Negative Declaration, accepting all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program as presented in Exhibit "A" based on the findings that: a) The City Council exercised its independent judgment in evaluating the Mitigated Negative Declaration and the Mitigated Negative Declaration has been considered in conjunction with comments received during the public review period and at the Planning Commission and City Council hearings. Based on this review, the City Council has determined that: 1) there is no substantial evidence that the project will have a significant impact on the environment; and 2) revisions have been made to the project and have been included in the project as mitigation measures which reduce the potential impacts to a less -than -significant level. b) A Mitigation Monitoring and Reporting Program has been prepared to ensure implementation of and compliance with all measures required to mitigate all impacts to a less -than -significant level. I, Esther C. Bierne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 21St of September, 2009, by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Esther C. 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O U) C Q OE Y' OM 0 MO) 0- o-00, � 3r}, ` 0 N�>CoO)C Q)i 0)O O a) aU OC Om� 5p m Om E> d O) O. U >Nd a >1 O) OO rC 0-5) ❑ 0-5) C O O) C O) C O Q C C U W C U W 2 a m m 9 a m a a m a.-j C O c O C "O v- C 0 Y N N a/ EO0 N O Q c N O O > > yDE '5a a a � o °m n E 0 m ao0 u m Y a) (6 c6 M dEL a) N > C N " C.0 0J M O m O m m O L C � C =Uaa) O C O ..L. J d m> O "' �0 0 a 0 m �Q°�E �o X09���o� N� cc Y J J 6 E a) '2 U d O J a3 a N N U N a) m N C >i C m E m m W a- o O E m L Q L m E y Q. w6 d cn N O '� 0 O U U) 0) N c a) _ a) a) C) C > m a) U N t, NLL' ❑ c °_) .cam a) > a)0 U n� o� 3 m U Q O E C- O O C U O C M cm) os °) } o O o nm -o o a- 3 YO `m L a) m a) m= ' �� o w Q »R o a) pt d O .mc a) n cm s a) c> m o_J o a m m Y ~ a 4 n O O c m C OU LU E m U m m a O a) o U m❑ W Q a °) E E m a) a) W > (9 a) m U 9B m U § § 0=0 7Eƒ| 2G z !J !- §t 2) q a '\0 CL \ \ j a ATTACHMENT 3 Draft Rezoning Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP (ZC08-001), ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM SINGLE-FAMILY RESIDENTIAL R2a-H DISTRICT TO SINGLE-FAMILY RESIDENTIAL R20 DISTRICT FOR THE RESIDENTIAL REZONE AND TWO -LOT SPLIT PROJECT AT 45 HAPPY LANE; APN 010-011-53 WHEREAS, on March 21, 2008, an application was submitted by James and Barbara Breitmayer to the Community Development Department requesting approval of a rezoning (ZC08-001) for a 4.24 acre single-family residential property at 45 Happy Lane; and WHEREAS, the Zone Change request was accompanied by related project entitlements including a Subdivision (S08-004), Environmental and Design Review (ED09-015), and Exception (EX09-005) request to split an existing hillside residential lot into two parcels; and WHEREAS, the Zone Change request would apply to proposed Parcel 1, a developed residential property, re -designating the property from R2a-H to R20 in order to accommodate a 0.77 -acre parcel size with 11 % average lot slope; and WHEREAS, the proposed Parcel 2 would retain R2a-H zoning for the remaining 3.46 acre vacant hillside portion of the site, with 41 % average lot slope; and WHEREAS, upon review of the subject applications an Initial Study/Mitigated Negative Declaration was prepared consistent with the requirements of the California Environmental Quality Act (CEQA), which analyzed the potential environmental impacts of the project and identified potentially significant impacts for Air Quality, Cultural Resources, Geology and Soils and Transportation and Traffic. The project impacts would be mitigated to less -than -significant levels through implementation of recommended mitigation measures that have been incorporated into project conditions of approval; and WHEREAS, on August 25, 2009 the San Rafael Planning Commission held a duly -noticed public hearing on the proposed Mitigated Negative Declaration, Zone Change and related project entitlements, accepting all oral and written public testimony and the written report of the Community Development Department staff; and WHEREAS, the Planning Commission recommended to the City Council approval of the Mitigated Negative Declaration by Resolution No. 09-07, and Exhibit 3 - 45 Happy Lane Project City Council, September 21, 2009 ATTACHMENT 3 Draft Rezoning Ordinance recommended to the City Council approval of the Rezoning by Resolution No. 09-08; and WHEREAS, on September 21, 2009 the City Council held a duly -noticed public hearing on the proposed Mitigated Negative Declaration, Zone Change and related project entitlements, accepting all oral and written public testimony and the written report of the Community Development Department staff; WHEREAS, on September 21, 2009 the City Council, by separate resolution, adopted the Mitigated Negative Declaration for the project; and WHEREAS, The City Council the makes the following findings of fact for rezoning as required under Zoning Code Sections 14.27.060: A. The proposed amendment is consistent in principle with the General Plan setting as detailed in the General Plan 2020 Consistency Table prepared for the project in that the rezoning of Parcel 1 to the R20 District would accommodate subdivision and development of the 4.24 -acre parcel at the minimum General Plan 2020 Hillside Residential land use designation density range of 0.5 units per acre. B. The public health, safety and general welfare are served by the adoption of the proposed amendment in that the rezoning designation requires appropriate sized parcels that are in harmony with the neighborhood, can be properly served by roads and utilities, respect surrounding neighborhood character and constraints, preserves the adjacent hillside and provides a good transition from the higher density R5 lots to open space lands above and west of the site. NOW THEREFORE, BE IT RESOLVED, the City Council of the City of San Rafael ordains as follows: DIVISION 1. The Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.01.020 of the Municipal Code be amended to reclassify real property from R2a-H District to R20 District. Said property so classified is located at 45 Happy Lane, San Rafael, as shown on that portion of County Assessors Parcel Number 010-011-53, and as further described per the property legal description attached as Exhibit "A" and as shown on the tentative parcel map for 45 Happy Lane depicting Parcel 1, attached as Exhibit "B" and the draft zoning map attached as Exhibit "C. DIVISION 2. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, Exhibit 3 — 45 Happy Lane Project City Council, September 21, 2009 ATTACHMENT 3 Draft Rezoning Ordinance sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 3. A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for or against the Ordinance. ALBERT J. BORO, Mayor ATTEST: ESTHER C. BEIRNE, City Clerk The foregoing Ordinance No. _ was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, the 21St day of September, 2009, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Esther C. Bierne, City Clerk 2 Exhibit 3 — 45 Happy Lane Project City Council, September 21, 2009 Oberkamper & Associates Civil Engineers, Inc. ATTACHMENT Draft Rezoning Ordinance EXHIBIT A Legal Description Rezoning Parcel 1 45 Happy Lane Tentative Map San Rafael, California September 2, 2009 Job No. 07113 All that certain real property situate in the City of San Rafael, County of Marin, State of California, more particularly described as follows: Beginning at a point on the southeasterly line of the property described in the deed from Prescott to Murphy, recorded in Book 438 of Official Records at Page 264, Mann County Records, said point being a 1 1/2 inch iron pipe marking the most easterly corner of the property described in the deed from Richard A. Murphy et ux to the San Rafael School District of Marin County by deed dated December 28, 1950 and recorded in Book 676 of Official Records at Page 220, Marin County Records, said point also being the most southerly corner of Parcel F as described in Document 86035081, Marin County Records; thence along the common boundary of the San Rafael School District, Lands of Murphy and Parcel F, North 50°05'24" West, 253.70 feet to the northwesterly boundary of Lands of Murphy and Parcel F; thence along said boundary of Lands of Murphy and Parcel F, North 38°23'36" East, 204.00 feet; thence leaving said boundary of Lands of Murphy and Parcel F, South 54°44'03" East, 81.37 feet to an angle point in the boundary of said Parcel F; thence along the boundary of said Parcel F the following courses, South 70°50'24" East, 9.00 feet; thence South 19°09'36" West 68.70 feet; thence South 68°07'39" East, 91.69 feet; thence southerly along a curve concave to the East, having a radial bearing of South 68°07'39" East and a radius of 161.66 feet, through a central angle of 13°04'37", for a distance of 36.90 feet; thence North 51'38'14" West, 85.69 feet; thence South 38°21'46" West, 28.50 feet; thence South 51'38'14" East, 9.97 feet; thence south 36°05'46" West, 70.15 feet; thence South 53°54'14" East, 110.22 feet; thence southerly along a curve concave to the Northwest, having a radial bearing of North 58°59'50" West and a radius of 201.66 feet, through a central angle of 7°23'26", for a distance of 26.01 feet to the boundary of said Lands of Murphy; thence along the boundary of said Lands of Murphy and said Parcel F, South 38°23'36" West, 25.29 feet to the point of beginning. leo:cs 1 - ATTACHMENT 3 —Draft Rezoning Ordinance 45 Happy Lane Project ATTACHMENT Draft Rezoning Ordinance EXHIBIT B -2- ATTACHMENT 3 —Draft Rezoning Ordinance 45 Happy Lane Project ATTACHMENT 3 Draft Rezoning Ordinance EXHIBIT C REZONING FROM R2a-H TO R-20 R6 � e d R20 R2 -H. Plo ", Rl 3 - ATTACHMENT 3 —Draft Rezoning Ordinance 45 Happy Lane Project ATTACHMENT 4 Draft Resolution of Approval, 45 Happy Lane RESOLUTION RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING SUBDIVISION (S08-004), ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED09-015), AND EXCEPTION (EX09-005) FOR HAPPY LANE RESIDENTIAL REZONE AND SUBDIVISION (LOT -SPLIT) PROJECT AT 45 HAPPY LANE; APN 010-011-53 WHEREAS, on March 21, 2008, applications were submitted by James and Barbara Breitmayer to the Community Development Department requesting approval of a rezoning (ZCO8-001), two -lot subdivision (S08-004) and related entitlements (ED09- 015, EX09-005) for a 4.24 acre single-family residential property at 45 Happy Lane; and WHEREAS, an Initial Study/Mitigated Negative Declaration was prepared and completed for the proposed project on July 30, 2009 in compliance with the California Environmental Quality Act (CEQA) and circulated for a minimum 20 -day public review period on August 3, 2009; and WHEREAS, on June 2, 2009, the City of San Rafael Design Review Board reviewed and recommended approval of the project; and WHEREAS, on August 25, 2009, the San Rafael Planning Commission held a duly noticed public hearing on the proposed Subdivision, Environmental and Design Review and Exception requests, accepting all oral and written public testimony and the written report of the Community Development Department staff; and WHEREAS, the Planning Commission, by adoption of Resolution No. 09-09 recommended that the City Council approve the project entitlements, with conditions; and WHEREAS, the Planning Commission further directed staff to investigate whether a pedestrian and bicycle trail access easement through the site could be obtained and supported, as suggested by the Ridge Trail Access Committee, and as result of further investigation staff has determined not to recommend an easement at this location; and WHEREAS, the City Council, by separate resolution, adopted the Mitigated Negative Declaration prepared for the project in compliance with the California Environmental Quality Act (CEQA); and WHEREAS, the City Council, by separate resolution, rezoned proposed Parcel 1 as indicated on the Happy Lane Tentative Map from R2a-H to R20; and WHEREAS, the City Council makes the following findings relating to the Subdivision: A7TACHMENT 4 —Draft Approval Resolution 45 Happy Lane Project ATTACHMENT Draft Resolution of Approval, 45 Happy Lane Findings for Subdivision (S08-004) A. The proposed map is consistent with the San Rafael General Plan and all applicable policies, including the Sun Valley neighborhood policies, as documented in the General Plan Consistency table prepared for the 45 Happy Lane project given that it implements the underlying Hillside Residential general plan land use designation at the minimum 0.5 unit per acre density range, and preserves scenic hillside open space areas with new development clustered at the base of a hill and at a similar scale to adjacent residential development. B. The design and improvement of the proposed subdivision is consistent with the San Rafael General Plan, including the Sun Valley neighborhood plan policies, given that: a) review of the hillside subdivision includes an Environmental and Design review application which has been reviewed by staff, the Design Review Board and Planning Commission to assure that it satisfies the hillside subdivision criteria contained in the Hillside Design Guidelines Manual, Title 15 and Chapter 25 of the Zoning Ordinance; b) the proposed lot has been recommended as appropriate and sensitive to the hillside setting given that it clusters development at the base of the hill, includes a building envelope that is suitable for placement of a new home on the lot and preserves the visible slope from development through a proposed hillside conservation restriction, proposes low retaining walls and a new driveway that would follow the natural contour lines; and, c) a conceptual house plan was reviewed which has demonstrated a reasonably sized home can be built on the new parcel, as proposed, in a way that would comply with the R2a-H district regulations without obscuring scenic hillside resources. C. The property is physically suitable for the type or density of development that is proposed given that: a) there is a 0.45 -acre area identified as suitable for development and that can be accessed from the existing private roadway; b) the proposed density is at the low end of the allowable density range established by the Hillside subdivision table 15.07.020B which permits 0.5 to 2 units per acre on this Hillside Residential site given its 35.7% average slope; c) a level B subsurface soils investigation was conducted and appropriate foundation, grading and drainage improvements have been identified that would assure the site could be developed without causing soils slope stability, drainage or erosion control issues; and, d) findings have been supported and are included herein for grant of an exception to the minimum street width and egress requirements. D. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat given that development would preserve 3.08 acres of the sensitive upland hillside slope and habitat (retaining existing wildlife corridors and vegetation), would not alter the existing natural drainage swale nor runoff patterns downslope of the development, and would restore native plants and vegetation following completion of necessary grading and site work. -2- A7TACHMENT 4 —Draft Approval Resolution 45 Happy Lane Project ATTACHMENT 4 Draft Resolution of Approval, 45 Happy Lane E. The design of the subdivision or the type of proposed improvements is not likely to cause serious health problems given that the level B soils report and drainage plans have confirmed the site is suitable for residential development, there are no health hazards or hazardous uses identified on or near the site, and the limited number of residences on the private road would not create safety concerns given that traffic does not pass through the site and the project would allow only one additional single-family residence to be built on the site. F. The design of the subdivision or the type of proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision given that there currently are,no public access easements across the property that would be affected. G. There are special circumstances and conditions of the property proposed for subdivision that warrant the approval of an exception to section 15.06.050 (f) and (h) which state single -access streets shall not exceed 350 feet in length and roadways shall be a minimum of 25 -feet in width. The street has been required to be extended to approximately 360 -feet in order to provide a Fire Turnaround at the terminus of the private street. A fire hydrant has been required at the end of the street, which has been deemed to satisfy the fire safety standards for one additional house to build out this area. The site is landlocked and could not provide a second egress. With regard to the existing narrow private street width, the Fire division has required No Parking Fire Lane signs and painting, the hammerhead, and fire hydrant to adequately protect the new property and improve conditions for the existing residences on this street. Widening of the road is not deemed necessary as the use of the street is limited and there is no opportunity for pedestrian and vehicle through traffic given that the site is surrounded by open space and developed residential lots. H. The exception to road width and secondary egress is necessary for the preservation and enjoyment of a substantial property right of the subdivider or property owner given that fully improving the private road and providing a secondary street for egress would add significant cost for allowing construction of one new home. Additionally, the secondary egress would likely run through the yard of the property at 45 Happy Lane and require the home site to be placed further upslope within a sensitive scenic hillside area. Grant of the exception would enable the property owner to achieve the minimum desired density anticipated for the site by the General Plan. I. Granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated given that the Fire Division has identified the minimum safety improvements that would allow an additional house to be accessed from the existing private roadway, which include providing a turnaround area, fire hydrant, signs and striping, and addressing and minimizing grades of the new driveway access to the house. -3- ATTACHMENT 4 — Draft Approval Resolution 45 Happy Lane Project ATTACHMENT Draft Resolution of Approval, 45 Happy Lane J. The project will not cause adverse environmental impacts given that a Mitigated Negative Declaration (MND) has been prepared for the project and reviewed in compliance with the California Environmental Quality Act (CEQA), which has resulted in mitigation measures being identified to address potential construction - related air quality impacts, potential accidental discovery of cultural resources, geological and soils erosion and structural stability requirements, and payment of traffic mitigation fees to address project contribution to roads. The project also addresses safety, drainage and wildlife concerns by avoiding these through preservation and proposed design solutions incorporated in plans including a conservation area, drainage detention structures and swales and installation of vehicle turnaround area and fire hydrant on-site. The Commission has reviewed and recommended adoption of the MND, and mitigation measures have been incorporated into the conditions of approval` WHEREAS, the City Council makes the following findings relating to the Environmental and Design Review Permit: Findings for Environmental and Design Review Permit (ED09-015) A. The project design is in accord with the General Plan, the objectives of the Zoning Ordinance and the purposes of Chapter 25, as detailed in the Zoning Compliance and General Plan compliance tables prepared for the 45 Happy Lane project, and the analysis in the staff report, given that the subdivision complies with the site design, constraints, access, natural feature and drainage regulations and criteria and the Hillside Resource Residential Design Guidelines Manual (i.e., Section IV.A3 Hillside Grading and Drainage; IV.A4 Lot Configuration, Setbacks and Locations, IV.A5 Street Layout, Driveway and Parking Design and Section IV.81 Subdivisions) by placing the new lot in a comparably sized '/z -acre building envelope that is adjacent to existing development, accessed from a driveway that connects with the existing private roadway requiring minimal site disturbance, incorporating grading and drainage improvements to protect the site from erosion, and preserving the highly visible upper hillside slope in a natural state as permanent open space. B. The project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the R2a-H district given that a conceptual house design was submitted and reviewed by the Design Review Board on June 2, 2009 and the Board concluded that the conceptual plan demonstrated that a home could be built on the lot in compliance with the R2a-H standards. C. The project design minimizes adverse environmental impacts given that it minimizes grading by following existing contour lines, disturbing approximately 'h -acre of the site and preserving approximately 3.08 acres of scenic hillside as permanent open space. D. The project design will not be detrimental to the public health, safety or welfare, -4- ATTACHMENT 4 —Draft Approval Resolution 45 Happy Lane Project ATTACHMENT 4 Draft Resolution of Approval, 45 Happy Lane nor materially injurious to properties or improvements in the vicinity given that the project has been reviewed and conditioned by all responsible agencies and departments and a California Environmental Quality Act (CEQA) initial study/mitigated negative declaration has been prepared which adequately assesses the site impacts, includes all feasible mitigation measures, which have been incorporated into the project conditions of approval. WHEREAS, the City Council makes the following findings relating to the Exception: Findings for Exception (EX 09-005) A. There are special circumstances applicable to the property including the limited size (81' width whereas 150' is standard for R2a) of the proposed building area, steep topography of the site, location of the property adjacent to open space that warrant granting of a minor exception from the strict application of the R2a setback standards to allow a 10 -foot interior side setback in lieu of 15 -feet in order to accommodate a house plan that is similar in scale and setback to adjacent residences. The exception enables the property to develop using conventional zoning standards and establish appropriate lot sizes that comply with the Hillside Subdivision tables and General Plan Hillside Residential density. B. Granting the exception will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare given that the 5 -foot setback reduction is in keeping with the adjacent property setbacks and parcel sizes, therefore, would not create an inadequate setback condition. NOW THEREFORE BE IT RESOLVED, that the City of San Rafael City Council approves the project subject to the following conditions: Subdivision Conditions of Approval (S08-004) Community Development - Planning Division This Subdivision approval and related Exception EX09-005 shall be valid for two years from approval or until September 21, 2011, and shall be null and void if a final parcel map is not filed or a time extension granted prior to the expiration date. 2. Any state mandated extensions of time granted to tentative map approvals shall apply to and extend all related project development entitlements. 3. A Final Parcel Map must be processed consistent with the Major Subdivision procedures of San Rafael Municipal Code Chapter 15.02. The final parcel map filed for the project shall substantially conform to the approved Tentative Map prepared by Lee Oberkamper for 45 Happy Lane, except as conditioned herein. -5- ATTACI HENT 4 —Draft Approval Resolution 45 Happy Lane Project ATTACHMENT 4 Draft Resolution of Approval, 45 Happy Lane 4. The project conditions of approval shall be included on a plan sheet to be submitted with any plans submitted to the City for building or grading permits, or subdivision improvements. 5. Pursuant to Mitigation Measure Traf-1, to mitigate cumulative traffic impacts, prior to issuance of a building permit, the project sponsor shall pay a traffic mitigation fee for two new peak hour trips, totaling $8,492.00, to the City of San Rafael pursuant to the City's adopted Traffic Mitigation fee. The fee shall be adjusted at the time of payment in accordance with the updated fee schedules. 6. Prior to recordation of the final map, Parkland Dedication fees shall be paid for 1 new single-family residence, in the amount of $1,987.98, in accordance with the provisions of City Ordinance 1558. Adjustments 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. Hours of construction, including deliveries arrival of workers to the site, warming - up vehicles and any noise generating activities, shall be limited to occur between the hours of 8:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 6:00 p.m. on Saturdays. No work shall be permitted on Sundays or City observed Holidays. A building envelope shall be established for Parcel 2 as indicated on the tentative map to establish appropriate setbacks for the hillside property, which shall include a 15 -foot side setback from the west side boundary line and a 10 -foot side setback from the east -side (interior) boundary line, as recommended by the Design Review Board and permitted by grant of a setback exception to the R2a District standards. All other development restrictions of the underlying R2a-H district remain applicable. 9. All areas of the site outside of the proposed building envelope and road access easement shall remain in a natural state except for the installation of drainage improvements as specific in the tentative map. The restriction shall be noted on the face of the map. All vegetation within the natural state area shall not be changed except where restoration with the native grasses and removal of invasive, non-native species is required in accordance with project conditions, approved landscape plans and Fire management requirements. Fencing in the natural state area shall be restricted to open view fencing. 10. The developer shall obtain a Pipeline Extension Agreement from the Marin Municipal Water District (MMWD) prior to recordation of the Final Map. Costs of extending service to the site shall be borne by the applicant, and shall be completed as part of the subdivision improvement work. Upon completion and acceptance of the facilities by the Water District, the applicant shall be eligible for water service upon request and fulfillment of the MMWD requirements. -6- ATTACHMENT 4 —Draft Approval Resolution 45 Happy Lane Project - ATTACHMENT 4 Draft Resolution of Approval, 45 Happy Lane 11. Grade of the new driveway shall not exceed 18% slope, unless approved by the Fire Chief, and in no event should exceed 20%. 12.All proposed drainage detention and uti shall be installed below qrade. The futu for Parcel 2 13. Proposed retaining walls shall be designed and constructed in an attractive manner, which blend with exterior building materials of proposed or future homes on the lot and/or appropriately stepped and finished to blend with the hillside setting. Where masonry walls are necessary for grading purposes, they shall be softened with landscaping. 14. Landscape plans shall be submitted to MMWD for review and approval prior to issuance of construction permits, and shall be designed to adhere to the water allocation issued for the site. 15. Fencing, retaining wall and driveway details shall be provided with improvement plans and/or construction drawings which address the design review conditions of approval for ED09-015 and the hillside design guidelines. An open wire fence shall be installed to delineate and separate the building envelope from the protected hillside area as Dart of the subdivision improvement. The''desian and 17. Pursuant to Mitigation Measure AQ -1, to mitigate the potential air quality impacts associated with construction and grading, prior to the issuance of building or grading permit, the project would be required to employ dust control measures through the preparation of a Dust Control Plan, which shall be implemented during all phases of grading and site construction periods when potential dust emissions are likely to occur. The plan shall be prepared and submitted to the City of San Rafael, Community Development Department for review and approval, and shall include the following measures: a. All active construction areas shall be watered at least twice daily (with recycled water, if possible). b. All inactive construction areas (previously graded areas which are inactive for ten days or more) shall be hydro seeded or covered with non-toxic soil stabilizers. c. Any exposed stockpiles of dirt, sand or gravel shall be enclosed, covered, '- ATTACHMENT 4 —Draft Approval Resolution 45 Happy Lane Project ATTACHMENT 4 Draft Resolution of Approval, 45 Happy Lane and watered twice daily or covered with non-toxic soil binders. d. Vegetation in disturbed areas shall be replanted as quickly as possible. e. All trucks hauling soil, sand, and other loose materials shall be covered and maintain at least two feet of freeboard. f. Wheel washers shall be installed for all exiting trucks or wash off the tires or tracks of all trucks and equipment leaving the site. g. All unpaved access roads, parking areas and staging shall be: 1) paved; 2) watered three times daily, or 3) covered with a non-toxic soil stabilizer. h. The on-site paved access road, parking areas and staging areas at construction sites shall be swept daily with water sweepers. Adjacent public streets shall be swept daily if visible soil material is carried onto adjacent public streets. i. Sandbags or other erosion control measures shall be installed to prevent silt run-off onto public roadways. j. Windbreaks shall be installed, where necessary, at the windward side of the construction areas. k. Excavation and grading activity shall be suspended when wind gusts exceed 25 miles per hour. I. These requirements shall be noted on the final grading plans prepared for the project or on a separate construction logistics plan submitted for review and approval by the Community Development Department prior to issuance of permits; and m. The project proponent shall inform the contractor, general contractor or site supervisor of these requirements and shall be responsible for informing subcontractors of these requirements and for implementing these measures on the site. 18. Pursuant to Mitigation Measure CR -1, in the event of the accidental discovery or recognition of any human remains uncovered during site construction, including site grading and excavation the following steps shall be taken: a. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: i. The coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and ii. If the coroner determines the remains to be Native American: b. The coroner shall contact the Native American Heritage Commission within 24 hours. c. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. d. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98, or s- ATTACFIMENT 4 — Draft Approval Resolution 45 Happy Lane Project ATTACHMENT 4 Draft Resolution of Approval, 45 Happy Lane 19. Pursuant to Mitigation Measure CR -1, where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. a. The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission. b. The descendant identified fails to make a recommendation; or c. The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 20. Pursuant to Mitigation Measure CR -1, immediate evaluation of a discovery of historical or archaeological remains (e.g., artifacts, evidence of historic or pre- historic human activity, or human remains) shall be conducted by a qualified archaeologist. If the find is determined to be an historical or unique archaeological resource, work shall not resume in the area until the qualified archeologist has documented the discovery and made recommendations to the developer and City on implementation of additional avoidance measures or other appropriate steps to be taken in compliance with CEQA. The developer shall be responsible for the additional work required to investigate and mitigate the discovery in compliance with CEQA. Work could continue on other parts of the building site while historical or unique archaeological resource mitigation takes place. 21.A separate Environmental and Design Review permit approval shall be obtained for construction of a new residence on Parcel 2, which is a hillside lot with slope in excess of 25% slope, and is subject to Hillside Design Review. Plans submitted for conceptual review with the subdivision application are not approved for development. 22.This project is subject to the City's Green Building Ordinance including the wood burning fireplace regulations. The project shall comply with the regulations for residential projects set forth in the City of San Rafael Green Building Program (Section 14.1.6.275 of the San Rafael Municipal Code). As required by the San Rafael Municipal Code, residential projects shall achieve at least 60 points on the Green Points rating system. a. Prior to issuance of the building permit, the applicant shall have a certified Green Points Rater complete and sign a Green Building Compliance Form and the applicable Green Building rating form. This form shall be completed and submitted to the Community Development Department - Building and Fire Prevention Division. Submitted building permit plans shall identify in the general notes and/or individual detail drawings the proposed Green Building Measures. b. Prior to final inspection of the project, the applicant shall have a certified 9 - ATTACHMENT 4 — Draft Approval Resolution 45 Happy Lane Project ATTACHMENT4 Draft Resolution of Approval, 45 Happy Lane Green Points Rater complete and sign a Green Building Compliance Form (the as -built conformance section) and the applicable Green Building rating form. This form shall be completed and submitted to the Community Development Department - Building and Fire Prevention Division prior to final inspection. Community Development - Building and Fire Division 23. No building permit shall be issued until the Parcel Map has been recorded and required improvements have been completed or appropriate security obtained to the satisfaction of all departments and agencies (i.e., Building, Fire, Planning, Public Works, San Rafael Sanitation District and MMWD). 24. The developer shall apply for a new site address for Parcel 2 from the Department of Public Works. Site addressing shall be approved by Building and Public Works prior to recordation of the Final Map. The new address shall be sequential and logical, following the existing street numbering pattern. 25.Address markers shall be provided during construction as required by the Building and Fire Division to assure that emergency personnel are able to identify the site. 26. The applicant shall pay all applicable school impact fees prior to issuance of building permits (currently $2.05 per square foot of living area). Contact San Rafael City Schools for calculation and payment of fees. 27. Building permits shall be obtained for onsite improvements for the private road, including retaining walls, street lights, and private sewer systems. 28. Prior to any grading work and/or issuance of permits, a soils report shall be submitted to Building and Public Works addressing export, import and placement, and compaction of soils at future building pad locations based on assumed foundation design. 29.A grading permit may be required and geotechnical and civil pad certifications are to be submitted prior to building permit issuance for construction. 30. To assure health and safety impacts do not result, a new hydrant shall be installed at the terminus to the easement road at the entrance to Parcel 2 and adjacent to 69 Happy Lane, oriented the hydrant outlets toward the center of the radius at the "Fire Department Turnaround." Its specific location may be coordinated with the Fire Division, in accordance to the 2007 CFC sections 508.3 and 508.5, appdx B105.1 and C103. This shall be included on project improvement plans submitted with the Parcel Map. a. The new hydrant body shall be the Clow 950 for residential area, with single 4-1/2" and single 2-1/2" outlets. b. Before acceptance by the San Rafael Fire Department, the hydrant must -i0- ATTACHMENT 4—Draft Approval Resolution 45 Happy Lane Project ATTACHMENT Draft Resolution of Approval, 45 Happy Lane be painted to the following standards: BENJAMIN MOORE PROFESSIONAL COATINGS SUPER SPEC RUST PREVENTATIVE COATING URETHANE ALKYD GLOSS ENAMEL SAFETY YELLOW Z22 15 31. Portions of the paved access easement road are less than the minimum required 20 -feet. The Fire Chief will permit the existing easement road smaller than the minimum 20 -foot road width provided it shall have installed Fire Lanes designated with painted red curbing with contrasting white lettering stating "No Parking Fire Lane." At the terminus of the cul de sac and entrance to the easement road a "No Parking Fire Lane" sign shall be installed in accordance with the City of San Rafael Standard #204. This shall be included on project improvement plans submitted with the Parcel Map. 32. Fire Chief approval shall be required if driveway slope exceeds 18%. 33.A knox box keyed entry system is required for any gated entry. 34. Pursuant to Mitigation Measure Geo -1, grading plans and site work shall implement the following measures to mitigate potential soils erosion: a. Construction shall be limited to the "dry" season (April 15 - October 15). b. Disturbed slopes shall be re -vegetated. 35. Pursuant to Mitigation Measure Geo -2, the following measures shall be implemented to mitigate expansive soils impacts: a. Plastic soils shall be removed and replaced with deeper, more granular materials to be retained as fill. b. When nearing completion of the final improvement plans, the geotechnical engineer shall review the grading plans and specifications for site development and foundation design to confirm the intent of these recommendations have been incorporated, and to provide supplemental recommendations if needed. 36. Pursuant to Mitigation Measure Geo -1, during construction, the geotechnical engineers shall inspect site preparation and foundation excavation to verify subgrade preparation, proper moisture conditioning of soils, fill and placement and compaction, and pavement subgrade preparation and placement and compaction of base rock materials. 37.A Vegetation Management Plan (VMP) shall be required to be submitted prior to construction of a residence on the proposed Parcel 2 depicting before and after vegetation conditions. Conditions will at the minimum meet the vegetation management standards found in Section 4.12.030 of the City's Wildland Urban Interface (WUI) regulations (Ordinance 1856). ATTACHMENT 4 —Draft Approval Resolution 45 Happy Lane Project ATTACHMENT 4 Draft Resolution of Approval, 45 Happy Lane 38. Construction features and components of new structures on Parcel 2 will at the minimum meet the requirements of the California Building Code for new construction of structures within the WUI. Public Works Division 39. The developer's Civil Engineer must prepare the Final Parcel Map pursuant to procedures for Major Subdivision (Chapter 15.02) and submit 3 sets directly to the Department of Public Works for review. A copy of the Final Parcel Map and Improvement Plans shall be transmittal to the Planning Division and Building and Fire Division for review prior to being scheduled for action by the City Council. 40. Grading and Improvement Plans shall be submitted to the Planning Division and Department of Public Works prior to recordation of a final parcel map for the project, subject to the following requirements: a. Peer review of the Level B geotechnical investigation prepared for the minor subdivision may be required prior to issuance of permits, to confirm final design details. b. Grading plan check and inspection fees will be required based on the earthwork quantities. c. DPW shall notify the Planning and Building Division when the Parcel Map has been recorded. d. The applicant shall be responsible for fees and costs associated with review and recordation of the Parcel Map, including the County Recorders fees. e. The developer's engineer shall submit a detailed drainage plan to DPW for review showing the proposed drainage system including layout, dimensions and details, construction details for detention box, outlet dissipater and detention pipe, SWPPP and MCSTOPP details. f. A recent Preliminary Title Report less than 6 months old will be required. Environmental and Design Review Conditions of Approval (ED09-015) 1. This design review approval is granted for the proposed hillside subdivision design consisting of the building envelope, conceptual house design, access and retaining walls as indicated on approved plans submitted for Happy Lane Rezone and Lot Split Project by Lee Oberkamper Engineers and Chris Craiker Architects, except as modified by all conditions of approval. Formal design review (ED) approval of a new residence on Parcel 2 shall require filing of a separate ED permit application, and is subject to compliance with the Subdivision SO8-004 and EX09-005 approvals, and R2a-H district standards. 3. Details for fencing, driveway and retaining walls and other improvements required for development of the site, including any incomplete subdivision approval (S08-004) conditions, shall be addressed and included with plans submitted for final design review for construction of a residence on the property. -12- ATTACHMENT 4—Draft Approval Resolution 45 Happy Lane Project ATTACHMENT Draft Resolution of Approval, 45 Happy Lane 4. Suitable all-weather driveway improvements shall be constructed before house foundation and framing work, to provide parking and staging area for construction of the house. 5. Development within the building envelope shall be permitted, with the house located south of the proposed driveway entry and the area within the building envelope upslope of the access driveway shall be limited to landscape planting designed to enhance the appearance of the site and soften the walls. The natural state requirement has been addressed through the private open space restriction. 6. Exterior fencing along the west boundary and within the conservation easement area shall be restricted to open wire fencing. An open wire fence shall be installed to delineate and separate the area of the building envelope from the private open space area. 7. Parking pullouts shall be incorporated into the design of the new driveway access. 8. This approval shall be valid for two years from approval or until September 21, 2011, which shall run concurrently with the Subdivision S08-004 approval, and shall be null and void if a final map is not filed and recorded or a time extension granted. I, Esther C. Bierne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 215t of September, 2009, by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Esther C. Bierne, City Clerk 13- ATTACHMF,NT 4 —Draft Approval Resolution 45 Happy Lane Project ATTACHMENT 5 Public Hearing Notice CITY OF SAN RAFAEL NOTICE OF PUBLIC HEARING You are invited to attend the City Council hearing on the following project: PROJECT: 45 Happy Lane — Request for Rezoning, Subdivision, Environmental & Design Review and Exception to subdivide an existing 4.24 acre developed, hillside parcel into 2 lots and construct a new single-family residence. The project requires approval of a hillside lot development plan, conceptual review of the residence, rezoning one of the parcels from R2a-H to R20 District, and setback exception to allow a 10 -foot side yard setback in -lieu of the required 15 -foot setback. APN: 010-011-53; Single -Family Residential (R2a-H) District; James & Barbara Breitmayer, owners; Lee Oberkamper, applicant; File Nos.: S08-004, ZC08-001, ED09-015, EX09-005. As required by state law, the project's potential environmental impacts have been assessed. Planning staff has prepared a Mitigated Negative Declaration for the project which meets the provisions of the California Environmental Quality Act (CEQA). A 20 -day public review and comment period on the adequacy of the Mitigated Negative Declaration was initiated commencing on Monday, August 3, 2009 and extending through Tuesday, August 25, 2009. HEARING DATE: Monday, September 21, 2009, 8:00 p.m. LOCATION: WHAT WILL HAPPEN: IF YOU CANNOT ATTEND: FOR MORE INFORMATION: SAN RAFAEL /s/ Esther C. Beime Esther C. Beirne CITY CLERK San Rafael City Hall — City Council Chambers 1400 Fifth Avenue at "D" Street San Rafael, California You can comment on the proposed project. The City Council will consider all public testimony and decide whether to approve the project application. You can send a letter to the Office of the City Clerk, Room 209, City of San Rafael, P.O. Box 151560, San Rafael, CA 94915-1560. You can also hand deliver it prior to the meeting. Contact Kraig Tambornini, Project Planner at (415) 485-3092 or kraig.tambornini a cityofsanrafael.org. You can also come to the Planning Division office, located in City Hall, 1400 Fifth Avenue, to look at the file for the proposed project. The office is open from 8:30 a.m. to 5:00 p.m. on Monday, Wednesday and Thursday and 8:30 a.m. to 12:45 p.m. on Tuesday and Friday. CITY COUNCIL At the above time and place, all letters received will be noted and all interested parties will be heard. If you challenge in court the matter described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered at, or prior to, the above referenced public hearing. (Government Code Section 65009(b)(2)). Judicial review of an administrative decision of the City Council must be filed with the Court not later than the 90" day the Gate of me Uouncil"s decision. ((-;ode of l Yvn rrocenure Jecnon I Sign language interpretation and assistive listening devices may be requested by calling (415) 485-3066 (voice) or (415) 485- 3198 (TDD) at least 72 hours in advance. Copies of documents are available in accessible formats upon request. Public transportation to City Hall is available through Golden Gate Transit, Line 20 or 23. Para -transit is available by calling Whistlestop Wheels at (415) 454-0964. To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are Please rnihli.ch in the Marin Indenenrlent Irnirrial nn Fridav Sentemher 4 20(19 ATTACHMENT 5—Public Hearing Notice 45 Happy Lane Project x O U� A O d C d IMM- @ N N d C d @ OJ ¢ p d `p_dt NCmOUO? oc Q "->-pJ N N `m V>I J N¢ N N ✓Ji C odo -w na da9i E E'EN NLN> L c'o �'@Q co"v-' E @`o - o> rn :c Yn rn o c>i h w d £ m y w c 3 00 0 3 i m 0.0 200 ¢ @pCL U .- rn p)tiu CO@ @pONO�O]OL TO C c matint0��ort0 N� C E d.O Cc p, v _ _ 0 Q2E ` oo mi a0i0 N �O @Nd OO CLY p2 d O N 9 rd U� CO) d d 3 O C2¢ O O d¢ N N OLOJ J U @ n '� X O -i L@ Nopd m L 0 d w c ->'o > 000N _ cc N t m�« �S N> c E E 75-M M- > o E L¢ 03da api N Z r .'L.' 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N Y C C C O CO C y" O @° N E m 4i Ey p_h a- a N N C- N O>> - O- N O L E J QmSmmmasyN �amN «nom o_N @gym 'ac > C c o a x C5 a a N O O =. > m@ a m J =8a �x �o ml M ATTACHMENT 9 Planning Commission Resolutions RESOLUTION NO. 09 — 07 RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR HAPPY LANE RESIDENTIAL REZONE AND TWO -LOT SPLIT PROJECT AT 45 HAPPY LANE (APN 010-011-53) WHEREAS, on March 21, 2008, applications were submitted by James and Barbara Breitmayer to the Community Development Department requesting approval of a rezoning and two -lot split of a 4.24 acre single-family residential property at 45 Happy Lane; and WHEREAS, consistent with the requirements of the City of San Rafael Environmental Assessment Procedures Manual and the provisions of the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration was prepared for the proposed project, which found that the project would not result in a significant effect on the environment in that revisions to the project have been made or agreed to by the project applicant to mitigate potential adverse impacts; and WHEREAS, consistent with the provisions of CEQA, a Mitigation Monitoring and Reporting Program has been prepared to implement the project mitigation measures and to accompany the Mitigated Negative Declaration; and WHEREAS, notices regarding the Mitigated Negative Declaration prepared for this project were published in a local newspaper of general circulation in the area and mailed to surrounding property owners within 300 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups pursuant to CEQA Guidelines Section 15072;and WHEREAS, the Mitigated Negative Declaration was made available for a 20 -day review period by pertinent agencies and interested members of the public, commencing on August 3, 2009; and WHEREAS, on August 25, 2009, the Planning Commission held a duly noticed public hearing on the proposed project and the Mitigated Negative Declaration, accepting all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, the Planning Commission accepts staff's recommended correction to the environmental document to accurately state that the two historic barn structures on the property are listed on the local historical survey, but not on the California Register of Historical Resources, and that this factual correction would not alter the environmental determination (under Aesthetics Section I.A.b) that this project would have less -than -significant impacts to scenic historic building resources; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department. A7TACHMENT9 Planning Commission Resolutions 45 Happy Lane Project ATTACHMENT 9 Planning Commission Resolutions NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Rafael does hereby recommend that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program as presented in Attachment "A" based on the findings that: a) The Planning Commission exercised its independent judgment in evaluating the Mitigated Negative Declaration and the Mitigated Negative Declaration has been considered in conjunction with comments received during the public review period and at the Planning Commission hearing. Based on this review, the Planning Commission has determined that: 1) there is no substantial evidence that the project will have a significant impact on the environment; and 2) revisions have been made to the project and have been included in the project as mitigation measures which reduce the potential impacts to a less -than -significant level. b) A Mitigation Monitoring and Reporting Program has been prepared to ensure implementation of and compliance with all measures required to mitigate all impacts to a less -than -significant level. The foregoing resolution was adopted at the regular meeting of the San Rafael Planning Commission held on the 25`h of August, 2009. Moved by Commissioner Colin and seconded by Commissioner Lang as follows: AYES: COMMISSIONERS: Chair Pick, Colin, Kirchmann, Lang, Sonnet NOES: COMMISSIONERS ABSENT: COMMISSIONERS: Paul, Wise ABSTAIN: COMMISSIONERS SAN RAFAEL PLANNING COMMISSION ATTEST: BY: Robert M. Brown, Secretary Charles Pick, Chair ATTACHMENT 9 —Planning Commission Resolutions 45 Happy Lane Project ATTACHMENT Planning Commission Resolutions RESOLUTION NO. 09 - 08 RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION RECOMMENDING ADOPTION OF AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE, BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM R2a-H DISTRICT TO R20 DISTRICT FOR HAPPY LANE RESIDENTIAL REZONE AND TWO -LOT SPLIT PROJECT AT 45 HAPPY LANE (APN 010-011-53) WHEREAS, on March 21, 2009, an application requesting a rezoning was filed by on March 21, 2008, applications were submitted by James and Barbara Breitmayer to the Community Development Department requesting approval of a rezoning of and two -lot split of a 4.24 acre single-family residential property at 45 Happy Lane, and the application was subsequently deemed complete for processing; and WHEREAS, the Zone Change request was accompanied by related project entitlements including a Subdivision, Environmental and Design Review, and Exception (Setbacks) request to split an existing hillside residential lot into two parcels; and WHEREAS, the Zone Change request would apply to proposed Parcel 1, a developed residential property, redesignating the property from R2a-H to R20 in order to accommodate a 0.77 -acre parcel size with 11% average lot slope; and WHEREAS, the proposed new vacant Parcel 2 would retain R2a-H zoning which would permit the larger 3.46 acre hillside parcel size with 41 % average lot slope; and WHEREAS, upon review of the subject applications an Initial Study was prepared consistent with the requirements of the California Environmental Quality Act; and WHEREAS, the Planning Commission, by separate resolution, has recommended the City Council adopt a Mitigated Negative Declaration for the project; and WHEREAS, on August 25, 2009 the San Rafael Planning Commission held a duly - noticed public hearing on the proposed Zone Change and related project entitlements, accepting all oral and written public testimony and the written report of the Community Development Department staff, and WHEREAS, the Planning Commission makes the following findings of fact for rezoning as required under Zoning Code Sections 14.27.060: A. The proposed amendment is consistent in principle with the General Plan setting as detailed in the General Plan 2020 Consistency Table prepared for the project in that the rezoning of Parcel 1 to R20 would accommodate subdivision and development of the 4.24 -acre parcel at the minimum General Plan 2020 Hillside Residential land use designation density range of 0.5 units per acre. ATTACHMENT 9 —Planning Commission Resolutions 45 Happy Lane Project ATTACHMENT 9 Planning Commission Resolutions B. The public health, safety and general welfare are served by the adoption of the proposed amendment in that the rezoning requires appropriate sized parcels that are in harmony with the neighborhood, can be properly served by roads and utilities, respect surrounding neighborhood character and constraints, preserves the adjacent hillside and provides a good transition from the higher density R5 lots to open space lands above and west of the site. NOW THEREFORE, BE IT RESOLVED, the Planning Commission recommends that the City Council of the City of San Rafael ordain as follows: DIVISION 1. The Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.01.020 of the Municipal Code be amended to reclassify real property from R2a-H District to R20 District. Said property so classified is located at 45 Happy Lane, San Rafael, as shown on that portion of County Assessors Parcel Number 010-011-53, and as further described per the property legal description attached as Exhibit "A" and as shown on the tentative parcel map for 45 Happy Lane depicting Parcel 1, attached as Exhibit "B" and the draft zoning map attached as Exhibit "C". DIVISION 2. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 3. A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for or against the Ordinance. The foregoing resolution was adopted at the regular meeting of the San Rafael Planning Commission held on the 25`x' of August, 2009. Moved by Commissioner Colin and seconded by Commissioner Lang as follows: AYES: COMMISSIONERS: Chair Pick, Colin, Kirchmann, Lang, Sonnet NOES: COMMISSIONERS ABSENT: COMMISSIONERS: Paul, Wise ABSTAIN: COMMISSIONERS ATTACHMENT 9 —Planning Commission Resolutions 45 Happy Lane Project ATTACHMENT Planning Commission Resolutions SAN RAFAEL PLANNING COMMISSION ATTEST: MR Robert M. Brown, Secretary Charles Pick, Chair ATTACHMENT 9 Planning Commission Resolutions 45 Happy Lane Project ATTACHMENT 9 Planning Commission Resolutions RESOLUTION NO. 09 - 09 RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION RECOMMENDING APPROVAL OF THE SUBDIVISION (S08-004), ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED09-015) AND EXCEPTION (EX09-005) FOR HAPPY LANE RESIDENTIAL REZONE AND TWO -LOT SPLIT PROJECT AT 45 HAPPY LANE (APN 010-011-53) WHEREAS, on March 21, 2008, applications were submitted by James and Barbara Breitmayer to the Community Development Department requesting approval of a rezoning and two -lot split of a 4.24 acre single-family residential property at 45 Happy Lane; and WHEREAS, an Initial Study/Mitigated Negative Declaration was prepared and completed for the proposed project on July 30, 2009 in compliance with the California Environmental Quality Act (CEQA) and circulated for a minimum 20 -day public review period on August 3, 2009; and WHEREAS, on June 2, 2009, the City of San Rafael Design Review Board reviewed and recommended approval of the project; and WHEREAS, on August 25, 2009, the San Rafael Planning Commission held a duly noticed public hearing on the proposed Subdivision, Environmental and Design Review and Exception requests, accepting all oral and written public testimony and the written report of the Community Development Department staff; and WHEREAS, the Planning Commission, by adoption of a separate resolution, has recommended that the City Council adopt a Mitigated Negative Declaration for the project, in compliance with the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission, by adoption of a separate resolution, has recommended that the City Council adopt the proposed Rezoning for Parcel 1 from R2a-H to R20; and WHEREAS, the Planning Commission has directed staff to further investigate, in consultation with the City Attorney and Community Services Director, whether a public pedestrian and bicycle trail access easement is needed and can be obtained from Happy Lane to open space district lands, and if required, incorporate this as a condition of approval prior to review of the project by the City Council; and WHEREAS, the Planning Commission makes the following findings relating to the Subdivision: Findings for Subdivision (S08-004) A. The proposed map is consistent with the San Rafael General Plan and any applicable, including the Sun Valley neighborhood policies, as documented in the General Plan Consistency table prepared for the 45 Happy Lane project given that it implements the ATTACHMENT 9 —Planning Commission Resolutions 45 Happy Lane Project ATTACHMENT 9 Planning Conunission Resolutions underlying Hillside Residential general plan land use designation at the minimum 0.5 unit per acre density range, preserves scenic hillside open space areas with new development clustered at the base of a hill and at a similar scale to adjacent residential development. B. The design and improvement of the proposed subdivision is consistent with the San Rafael General Plan, including the Sun Valley neighborhood plan policies, given that: a) review of the hillside subdivision includes an Environmental and Design review application which has been reviewed by staff, the Design Review Board and Planning Commission to assure that it satisfies the hillside subdivision criteria contained in the Hillside Design Guidelines Manual, Title 15 and Chapter 25 of the Zoning Ordinance; b) the proposed lot has been recommended as appropriate and sensitive to the hillside setting given that it clusters development at the base of the hill, includes a building envelope that is suitable for placement of a new home on the lot and preserves the visible slope from development through a propose hillside conservation restriction, proposes low retaining walls and a new driveway that would follow the natural contour lines; and, c) a conceptual house plan was reviewed which has demonstrated a reasonably sized home can be built on the new parcel, as proposed, in a way which complies with the R2a-H district regulations without obscuring scenic hillside resources. C. The property is physically suitable for the type or density of development that is proposed given that: a) there is a 0.45 -acre area identified as suitable for development and that can be accessed from the existing private roadway; b) the proposed density is at the low end of the allowable density range established by the Hillside subdivision table 15.07.020B which permits 0.5 to 2 units per acre on this Hillside Residential site given its 35.7% average slope; c) a level B subsurface soils investigation was conducted and appropriate foundation, grading and drainage improvements have been identified that would assure the site could be developed without causing soils slope stability, drainage or erosion control issues; and, d) findings have been supported and are included herein for grant of an exception to the minimum street width and egress requirements. D. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat given that development would preserve 3.08 acres of the sensitive upland hillside slope and habitat, retaining existing wildlife corridors and vegetation, it would not alter the existing natural drainage swale nor runoff patterns downslope of the development, and would restore native plants and vegetation following completion of necessary grading and site work. E. The design of the subdivision or the type of proposed improvements is not likely to cause serious health problems given that the level B soils report and drainage plans have confirmed the site is suitable for residential development, there are no health hazards or hazardous uses identified on or near the site, and the limited number of residences on the private road would not create safety concerns given that traffic does not pass through the site and the project would allow only one additional single-family residence to be built on the site. F. The design of the subdivision or the type of proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision given that there currently are no public access easements across the property that would be affected. ATTACIIMENT 9 Planning Commission Resolutions 45 Happy Lane Project ATTACHMENT9 Planning Commission Resolutions G. There are special circumstances and conditions of the property proposed for subdivision that warrant the approval of an exception to section 15.06.050 (f) and (h) which state single - access streets shall not exceeding 350 feet in length and roadways shall be a minimum of 25 - feet in width. The street has been required to be extended to approximately 360 -feet in order to provide a Fire Turnaround at the terminus of the private street. A fire hydrant has been required at the end of the street, which has been deemed to satisfy the fire safety standards for one additional house to build out this area. The site is landlocked and could not provide a second egress. With regard to the existing narrow private street width, the Fire division has required No Parking Fire Lane signs and painting, the hammerhead, and fire hydrant to adequately protect the new property and improve conditions for the existing residences on this street. Widening of the road is not deemed necessary as the use of the street is limited and there is no opportunity for pedestrian and vehicle through traffic given that the site is surrounded by open space and developed residential lots. H. The exception to road width and secondary egress is necessary for the preservation and enjoyment of a substantial property right of the subdivider or property owner given that fully improving the private road and providing a secondary street for egress would add significant cost for allowing construction of one new home. Additionally, the secondary egress would likely run through the yard of the property at 45 Happy lane and require the home site to be placed further upslope within a sensitive scenic hillside area. Grant of the exception would enable the property owner to achieve the minimum desired density anticipated for the site by the General Plan. I. Granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated given that the Fire Division has identified the minimum safety improvements that would allow an additional house to be accessed from the existing private roadway, which include providing a turnaround area, fire hydrant, signs and striping, addressing and minimizing grades of the new driveway access to the house. J. The project will not cause adverse environmental impacts given that a Mitigated Negative Declaration (MND) has been prepared for the project and reviewed in compliance with the California Environmental Quality Act (CEQA), which has resulting in mitigation measures being identified to address potential construction related air quality impacts, potential accidental discovery of cultural resources, geological and soils erosion and structural stability requirements, and payment of traffic mitigation fees to address project contribution to roads. The project also addresses safety, drainage and wildlife concerns by avoiding these through preservation and proposed design solutions incorporated in plans including a conservation area, drainage detention structures and swales and installation of vehicle turnaround area and fire hydrant on-site. The Commission has reviewed and recommended adoption of the MND, and mitigation measures have been incorporated into the conditions of approval. WHEREAS, the Planning Commission makes the following findings relating to the Environmental and Design Review Permit: Findings for Environmental and Design Review Permit (ED09-015) ATTACHMENT 9 —Planning Commission Resolutions 45 Happy Lane Project ATTACHMENT 9 Planning Commission Resolutions A. The project design is in accord with the General Plan, the objectives of the Zoning Ordinance and the purposes of Chapter 25, as detailed in the Zoning Compliance and General Plan compliance tables prepared for the Happy Lane project, and the analysis in the staff report, given that the subdivision complies with the site design, constraints, access, natural feature and drainage regulations and criteria and the Hillside Resource Residential Design Guidelines Manual (i.e., Section IV.A3 Hillside Grading and Drainage; IV.A4 Lot Configuration, Setbacks and Locations, IV.AS Street Layout, Driveway and Parking Design and Section IV.BI Subdivisions) by placing the new lot in a comparably sized''/2-acre building envelope that is adjacent to existing development, accessed from a driveway that connects with the existing private roadway requiring minimal site disturbance, incorporating grading and drainage improvements to protect the site from erosion, and preserving the highly visible upper hillside slope in a natural state as permanent open space. B. The project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the R2a-H district given that a conceptual house design was submitted and reviewed by the Design Review Board on June 2, 2009 and the Board concluded that the conceptual plan demonstrated that a home could be built on the lot in compliance with the R2a-H standards. C. The project design minimizes adverse environmental impacts given that it minimizes grading by following existing contour lines, disturbing approximately'/2-acre of the site and preserving approximately 3.08 acres of scenic hillside as permanent open space. D. 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 the project has been reviewed and conditioned by all responsible agencies and departments and a California Environmental Quality Act (CEQA) initial study/mitigated negative declaration has been prepared which adequately assesses the site impacts, includes all feasible mitigation measures, which have been incorporated into the project conditions of approval. WHEREAS, the Planning Commission makes the following findings relating to the Exception: Findings for Exception (EX 09-005) A. There are special circumstances applicable to the property including the limited size (81' width whereas 150' is standard for R2a) of the proposed building area, steep topography of the site, location of the property adjacent to open space that warrant granting of a minor exception from the strict application of the R2a setback standards to allow a 10 - foot interior side setback in lieu of 15 -feet in order to accommodate a house plan that is similar in scale and setback to adjacent residences. The exception enables the property to develop using conventional zoning standards and establish appropriate lot sizes that comply with the Hillside Subdivision tables and General Plan Hillside Residential density. B. Granting the exception will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare given that the 5 -foot setback reduction is in keeping with the adjacent property setbacks and parcel sizes, therefore, would not create an inadequate setback condition. ATTACHMENT 9 Planning Commission Resolutions 45 Happy Lane Project ATTACHMENT 9 Planning Commission Resolutions NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of San Rafael recommends that the City Council approve the project subject to the following conditions: Subdivision Conditions of Approval (S08-004) Planning Division 41. This Subdivision approval and related Exception EX09-005 shall be valid for two years from approval or until , and shall be null and void if a final parcel map is not filed or a time extension granted prior to the expiration date. 42. Any state mandated extensions of time granted to tentative map approvals shall apply to and extend all related project development entitlements. 43. A Final Parcel Map must be processed consistent with the Major Subdivision procedures of San Rafael Municipal Code Chapter 15.02. The final parcel map filed for the project shall substantially conform to the approved Tentative Map prepared by Lee Oberkamper for 45 Happy Lane, except as conditioned herein. 44. The project conditions of approval shall be included on a plan sheet to be submitted with any plans submitted to the City for building or grading permits, or subdivision improvements. 45. Pursuant to Mitigation Measure Traf-1, to mitigate cumulative traffic impacts, prior to issuance of a building permit, the project sponsor shall pay a traffic mitigation fee for two new peak hour trips, totaling $8,492.00, to the City of San Rafael pursuant to the City's adopted Traffic Mitigation fee. The fee shall be adjusted at the time of payment in accordance with the updated fee schedules. 46. Prior to recordation of the final map, Parkland Dedication fees shall be paid for 1 new single-family residence, in the amount of $1,987.98, in accordance with the provisions of City Ordinance 1558. Adjustments 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. 47. Hours of construction, including deliveries arrival of workers to the site, warming -up vehicles and any noise generating activities, shall be limited to occur between the hours of 8:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 6:00 p.m on Saturdays. No work shall be permitted on Sundays or City observed Holidays. 48. A building envelope shall be established for Parcel 2 as indicated on the tentative map to establish appropriate setbacks for the hillside property, which shall include a 15 -foot side setback from the west side boundary line and a 10 -foot side setback from the east -side (interior) boundary line, as recommended by the Design Review Board and permitted by grant of a setback exception to the R2a District standards. All other development restrictions of the underlying R2a-H district remain applicable. ATTACHMENT 9 Planning Commission Resolutions 45 Happy Lane Project ATTACHMENT 9 Planning Commission Resolutions 49. All areas of the site outside of the proposed building envelope and road access easement shall remain in a natural state except for the installation of drainage improvements as specific in the tentative map. The "natural state area" restriction shall be noted on the face of the map. All vegetation within the natural state area shall not be changed except where restoration with the native grasses and removal of invasive, non-native species is required in accordance with project conditions, approved landscape plans and Fire management requirements. 50. An access easement shall be offered on the final parcel map to provide public trail access across the northeast corner of proposed Parcel 2 to accommodate a trail connection between the Marin County Open Space District lands. The access easement shall be in an acceptable form offered to Marin County Open Space District. The City Marin County Open Space District shall determine whether to accept or reject the offer of an access easement at the time the Final Map is filed for recordation. 51. The developer shall obtain a Pipeline Extension Agreement from the Marin Municipal Water District (MMWD) prior to recordation of the Final Map. Costs of extending service to the site shall be borne by the applicant, and shall be completed as part of the subdivision improvement work. Upon completion and acceptance of the facilities by the Water District, the applicant shall be eligible for water service upon request and fulfillment of the MMWD requirements. 52. Grade of the new driveway shall not exceed 18%slope, unless approved by the Fire Chief, and in no event should exceed 20%. 53. All proposed drainage detention and utility improvements shall be installed below grade. 54. Proposed retaining walls shall be designed and constructed in an attractive manner, which blend with exterior building materials of proposed or future homes on the lot and/or appropriately stepped and finished to blend with the hillside setting. Where masonry walls are necessary for grading purposes, they shall be softened with landscaping. 55. Landscape plans shall be submitted to MMWD for review and approval prior to issuance of construction permits, and shall be designed to adhere to the water allocation issued for the site. 56. Fencing, retaining wall and driveway details shall be provided with improvement plans and/or construction drawings which address the design review conditions of approval for ED09-015 and the hillside design guidelines. An open wire fence shall be installed to delineate and separate the building envelope from the protected hillside area as part of the subdivision improvement. 57. Pursuant to Mitigation Measure AQ -1, to mitigate the potential air quality impacts associated with construction and grading, prior to the issuance of building or grading permit, the project would be required to employ dust control measures through the preparation of a Dust Control Plan, which shall be implemented during all phases of grading and site construction periods when potential dust emissions are likely to occur. The plan shall be prepared and submitted to the City of San Rafael, Community ATTACHMENT 9 Planning Commission Resolutions 45 Happy Lane Project ATTACHMENT 9 Planning Commission Resolutions Development Department for review and approval, and shall include the following measures: a. All active construction areas shall be watered at least twice daily (with recycled water, if possible). b. All inactive construction areas (previously graded areas which are inactive for ten days or more) shall be hydro seeded or covered with non-toxic soil stabilizers. c. Any exposed stockpiles of dirt, sand or gravel shall be enclosed, covered, and watered twice daily or covered with non-toxic soil binders. d. Vegetation in disturbed areas shall be replanted as quickly as possible. e. All trucks hauling soil, sand, and other loose materials shall be covered and maintain at least two feet of freeboard. f. Wheel washers shall be installed for all exiting trucks or wash off the tires or tracks of all trucks and equipment leaving the site. g. All unpaved access roads, parking areas and staging shall be: 1) paved; 2) watered three times daily, or 3) covered with a non-toxic soil stabilizer. h. The on-site paved access road, parking areas and staging areas at construction sites shall be swept daily with water sweepers. Adjacent public streets shall be swept daily if visible soil material is carried onto adjacent public streets. i. Sandbags or other erosion control measures shall be installed to prevent silt run- off onto public roadways. j. Windbreaks shall be installed, where necessary, at the windward side of the construction areas. k. Excavation and grading activity shall be suspended when wind gusts exceed 25 miles per hour. 1. These requirements shall be noted on the final grading plans prepared for the project or on a separate construction logistics plan submitted for review and approval by the Community Development Department prior to issuance of permits; and m. The project proponent shall inform the contractor, general contractor or site supervisor of these requirements and shall be responsible for informing subcontractors of these requirements and for implementing these measures on the site. 58. Pursuant to Mitigation Measure CR -1, in the event of the accidental discovery or recognition of any human remains uncovered during site construction, including site grading and excavation the following steps shall be taken: a. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: i. The coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and ii. If the coroner determines the remains to be Native American: b. The coroner shall contact the Native American Heritage Commission within 24 hours. e. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. d. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, ATTACHMENT 9 Planning Commission Resolutions 45 Happy Lane Project ATTACHMENT9 Planning Commission Resolutions with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98, or 59. Pursuant to Mitigation Measure CR -1, where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. a. The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission. b. The descendant identified fails to make a recommendation; or c. The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 60. Pursuant to Mitigation Measure CR -1, immediate evaluation of a discovery of historical or archaeological remains (e.g., artifacts, evidence of historic or pre -historic human activity, or human remains) shall be conducted by a qualified archaeologist. If the find is determined to be an historical or unique archaeological resource, work shall not resume in the area until the qualified archeologist has documented the discovery and made recommendations to the developer and City on implementation of additional avoidance measures or other appropriate steps to be taken in compliance with CEQA. The developer shall be responsible for the additional work required to investigate and mitigate the discovery in compliance with CEQA. Work could continue on other parts of the building site while historical or unique archaeological resource mitigation takes place. 61. A separate Environmental and Design Review permit approval shall be obtained for construction of a new residence on Parcel 2, which is a hillside lot with slope in excess of 25% slope, and is subject to Hillside Design Review. Plans submitted for conceptual review with the subdivision application are not approved for development. 62. This project is subject to the City's Green Building Ordinance including the wood burning fireplace regulations. The project shall comply with the regulations for residential projects set forth in the City of San Rafael Green Building Program (Section 14.16.275 of the San Rafael Municipal Code). As required by the San Rafael Municipal Code, residential projects shall achieve at least 60 points on the Green Points rating system. a. Prior to issuance of the building permit, the applicant shall have a certified Green Points Rater complete and sign a Green Building Compliance Form and the applicable Green Building rating form. This form shall be completed and submitted to the Community Development Department - Building and Fire Prevention Division. Submitted building permit plans shall identify in the general notes and/or individual detail drawings the proposed Green Building Measures. b. Prior to final inspection of the project, the applicant shall have a certified Green Points Rater complete and sign a Green Building Compliance Form (the as -built conformance section) and the applicable Green Building rating form. This form shall be completed and submitted to the Community Development Department - Building and Fire Prevention Division prior to final inspection. ATTACHMENT 9 —Planning Commission Resolutions 45 Happy Lane Project ATTACHMENT 9 Planning Commission Resolutions Building and Fire Division 63. No building permit shall be issued until the Parcel Map has been recorded and required improvements have been completed or appropriate security obtained to the satisfaction of all departments and agencies (i.e., Building, Fire, Planning, Public Works, San Rafael Sanitation District and MMWD). 64. The developer shall apply for a new site address for Parcel l from the Department of Public Works. Site addressing shall be approved by Building and Public Works prior to recordation of the Final Map. The new address shall be sequential and logical, following the existing street numbering pattern. 65. Address markers shall be provided during construction as required by the Building and Fire Division to assure that emergency personnel are able to identify the site. 66. The applicant shall pay all applicable school impact fees prior to issuance of building permits (currently $2.05 per square foot of living area). Contact San Rafael City Schools for calculation and payment of fees. 67. Building permits shall be obtained for onsite improvements for the private road, including retaining walls, street lights, and private sewer systems. 68. Prior to any grading work and/or issuance of permits, a soils report shall be submitted to Building and Public Works addressing export, import and placement, and compaction of soils at future building pad locations based on assumed foundation design. 69. A grading permit may be required and geotechnical and civil pad certifications are to be submitted prior to building permit issuance for construction. 70. To assure health and safety impacts do not result, a new hydrant shall be installed at the terminus to the easement road at the entrance to Parcel 2 and adjacent to 69 Happy Lane, oriented the hydrant outlets toward the center of the radius at the "Fire Department Turnaround." Its specific location may be coordinated with the Fire Division, in accordance to the 2007 CFC sections 508.3 and 508.5, appdx B105.1 and C103. This shall be included on project improvement plans submitted with the Parcel Map. a. The new hydrant body shall be the Clow 950 for residential area, with single 4- 1/2" and single 2-1/2" outlets. b. Before acceptance by the San Rafael Fire Department, the hydrant must be painted to the following standards: BENJAMIN MOORE PROFESSIONAL COATINGS SUPER SPEC RUST PREVENTATIVE COATING URETHANE ALKYD GLOSS ENAMEL SAFETY YELLOW Z22 15 71. Portions of the paved access easement road are less than the minimum required 20 -feet. The Fire Chief will permit the existing easement road smaller than the minimum 20 -foot road width provided it shall have installed Fire Lanes designated with painted red curbing with contrasting white lettering stating "No Parking Fire Lane." At the terminus of the ATTACHMENT 9 —Planning Commission Resolutions 45 Happy Lane Project ATTACHMENT 9 Planning Commission Resolutions cul de sac and entrance to the easement road a "No Parking Fire Lane" sign shall be installed in accordance with the City of San Rafael Standard #204. This shall be included on project improvement plans submitted with the Parcel Map. 72. Fire Chief approval shall be required if driveway slope exceeds 18%. 73. A knox box keyed entry system is required for any gated entry. 74. Pursuant to Mitigation Measure Geo -1, grading plans and site work shall implement the following measures to mitigate potential soils erosion: a. Construction shall be limited to the "dry" season (April 15 - October 15). b. Disturbed slopes shall be re -vegetated. 75. Pursuant to Mitigation Measure Geo -2, the following measures shall be implemented to mitigate expansive soils impacts: a. Plastic soils shall be removed and replaced with deeper, more granular materials to be retained as fill. b. When nearing completion of the final improvement plans, the geotechnical engineer shall review the grading plans and specifications for site development and foundation design to confirm the intent of these recommendations have been incorporated, and to provide supplemental recommendations if needed. 76. Pursuant to Mitigation Measure Geo -1, during construction, the geotechnical engineers shall inspect site preparation and foundation excavation to verify subgrade preparation, proper moisture conditioning of soils, fill and placement and compaction, and pavement subgrade preparation and placement and compaction of base rock materials. 77. A Vegetation Management Plan (VMP) shall be required to be submitted prior to construction of a residence on the proposed Parcel 2 depicting before and after vegetation conditions. Conditions will at the minimum meet the vegetation management standards found in Section 4.12.030 of the City's Wildland Urban Interface (WUI) regulations (Ordinance 1856). 78. Construction features and components of new structures on Parcel 2 will at the minimum meet the requirements of the California Building Code for new construction of structures within the WUI. Public Works Division 79. The developers Civil Engineer must prepare the Final Parcel Map pursuant to procedures for Major Subdivision (Chapter 15.02) and submit 3 sets directly to the Department of Public Works for review. A copy of the Final Parcel Map and Improvement Plans shall be transmittal to the Planning Division and Building and Fire Division for review prior to being scheduled for action by the City Council. 80. Grading and Improvement Plans shall be submitted to the Planning Division and Department of Public Works prior to recordation of a final parcel map for the project, subject to the following requirements: ATTACHMENT 9 Planning Commission Resolutions 45 Happy Lane Project ATTACHMENT Planning Commission Resolutions a. Peer review of the Level B geotechnical investigation prepared for the minor subdivision may be required prior to issuance of permits, to confirm final design details. b. Grading plan check and inspection fees will be required based on the earthwork quantities. c. DPW shall notify the Planning and Building Division when the Parcel Map has been recorded. d. The applicant shall be responsible for fees and costs associated with review and recordation of the Parcel Map, including the County Recorders fees. e. The developers engineer shall submit a detailed drainage plan to DPW for review showing the proposed drainage system including layout, dimensions and details, construction details for detention box, outlet dissipater and detention pipe, SWPPP and MCSTOPP details. f A recent Preliminary Title Report less than 6 months old will be required. Environmental and Design Review Conditions of Approval (ED09-015) 9. This design review approval is granted for the proposed hillside subdivision design consisting of the building envelope, conceptual house design, access and retaining walls as indicated on approved plans submitted for Happy Lane Rezone and Lot Split Project by Lee Oberkamper Engineers and Chris Craiker Architects, except as modified by all conditions of approval. 10. Formal design review (ED) approval of a new residence on Parcel 2 shall require filing of a separate ED permit application, and is subject to compliance with the Subdivision 508- 004 and EX09-005 approvals, and R2a-H district standards. 11. Details for fencing, driveway and retaining walls and other improvements required for development of the site, including any incomplete subdivision approval (508-004) conditions, shall be addressed and included with plans submitted for final design review for construction of a residence on the property. 12. Suitable all-weather driveway improvements shall be constructed before house foundation and framing work, to provide parking and staging area for construction of the house. 13. Development within the building envelope shall be permitted, with the house located south of the proposed driveway entry and the area within the building envelope upslope of the access driveway shall be limited to landscape planting designed to enhance the appearance of the site and soften the walls. The natural state requirement has been addressed through the private open space restriction. 14. Exterior fencing along the west boundary and within the conservation easement area shall be restricted to open wire fencing. An open wire fence shall be installed to delineate and separate the area of the building envelope from the private open space area. 15. Parking pullouts shall be incorporated into the design of the new driveway access. ATTACHMENT 9 Planning Commission Resolutions 45 Happy Lane Project ATTACHMENT Planning Commission Resolutions 16. This approval shall be valid for two years from approval or until which shall run concurrently with the Subdivision 508-004 approval, and shall be null and void if a final map is not filed and recorded or a time extension granted. The foregoing resolution was adopted at the regular meeting of the San Rafael Planning Commission held on the 25a' of August, 2009. Moved by Commissioner Colin and seconded by Commissioner Lang as follows: AYES: COMMISSIONERS: Chair Pick, Colin, Kirchmann, Lang, Sonnet NOES: COMMISSIONERS ABSENT: COMMISSIONERS: Paul, Wise ABSTAIN: COMMISSIONERS SAN RAFAEL PLANNING COMMISSION ATTEST: mm Robert M. Brown, Secretary Charles Pick, Chair ATTACHMENT 9 —Planning Commission Resolutions 45 Happy Lane Project ATTACHMENT 10 Planning Commission Meeting Minutes REGULAR MEETING MINUTES SAN RAFAEL PLANNING COMMISSION AUGUST 25, 2009 ROLL Commissioners Present: Commissioners Absent: Community Development: PUBLIC HEARING Chair Pick, Vice Chair Lang, Colin, Kirchmann, Sonnet Paul, Wise Raffi Boloyan, Principal Planner Kraig Tamborini, Senior Planner 45 Happy Lane — Request for a two -lot Subdivision, Rezoning, Environmental and Design Review and Exception to subdivide an existing 4.24 -acre hillside residential parcel and construct a single-family residence. The project requires approval of a hillside lot development, conceptual review of the residence, rezoning one of the parcels from R2a-H to R20, and setback exception to allow a 10 -foot side yard setback in -lieu of the required 15 - foot setback. APN: 010-011-53; Single -Family Residential (R2a-H) District; James & Barbara Breitmayer, owners, Lee Oberkamper, applicant, File Nos.: S08-004, ZC08-001, ED09-015, EX09-005. Project Planner: Kraig Tambornini Environmental Review: Mitigated Negative Declaration Kraig Tambommi, Senior Planner, summarized the staff report and recommended that the Commission adopt a resolution recommending that the City Council adopt the mitigated negative declaration; adopt a resolution recommending that the City Council adopt an ordinance to rezone proposed Parcel 1 from R2a-H to R-20; and adopt a resolution recommending that the City Council approve the subdivision with exceptions to street design standards, environmental and design review for the hillside subdivision, and exception for reduced setback. Senior Planner Tambornini suggested that the Commission consider an addition to Subdivision Condition No. 3 by adding a reference that the map needs to be processed consistent with major subdivision procedures of Chapter 15.02, to clarify the need to get a final parcel map approval by Council. Condition No. 9 refers to the conservation area, and staff wants to be clear and consistent that it should be a "conservation area" in the conditions. Also, there was a request from the Ridge Trails Committee about looking at opportunities for additional public trail access to open space, and this site was an opportunity site to provide a potential trail connection. Unfortunately, staff was not able to resolve the issue, so there is a condition that asks to maintain an opportunity to require some kind of easement to this property as a condition to the map. The applicant wants to speak on that matter, but staff is asking to preserve the potential modification that staff be directed to discuss with the City Attorney and Community Services Director to resolve that issue before the Tentative Map is forwarded to City Council. There was also a request by Marin County Open Space to have a potential access easement across the top of the property to allow a trail connection to the open space on both sides of this property, so staff ATTACHMENT 10 Planning Commission Minutes 45 Happy Lane Project ATTACHMENT 10 Planning Commission Meeting Minutes suggested that the Commission consider incorporating that as a condition as well. Staff talked with the applicant and they seem amenable to that condition. Staff also noted that clarification to the negative declaration was required to correctly identify 2 historic barns are on local lists, not state lists. Lee Oberkamper, civil engineer, prepared the plans and worked with staff and thanked staff for their help and excellent preparation for this project. He then discussed three matters briefly. One is regarding Subdivision Condition No. 5, which are traffic impact fees. As he reads, it is intended to be an either/or and he would hope the either/or would be to require fee payment at the building permit stage since that is the time that traffic is going to be generated. He would like to defer payment of traffic mitigation fees to be handled with the building permit not the filing of the map. Condition No. 7 speaks to working hours. The recommended hours are 9am to 6pm, which seem to be out of the norm relative to construction projects. The normal working hours are between lam to 5pm Monday -Friday and 9am to 6pm on Saturday. He asked the Commission to consider modifying the hours to the normal construction hours. In terms of the access easement, this came in late in the game and the access easement across the top of the parcel, which is what the County asked for in their early letter made good sense in his view. Access to Happy Lane and up through the property to the open space in regard to Condition No. 10 seems problematic due to the fact that if it comes up Happy Lane another owner must grant use of that easement since the Breitmayer's do not own all the property Happy Lane crosses. The other factor is that the upper portion of this property being put into a conservation area is really steep. That upper part of the property is a 2:1 slope. He questioned the feasibility and wisdom of trying to have trail access through that kind of terrain. He further appreciated the Commission's favorable consideration on those matters. Commissioner Sonnet asked staff if the historic barns are impacted in any way by the project. Senior Planner Tamborini confirmed that the barns are not impacted by the project. Commissioner Sonnet asked staff if it is feasible to connect the traffic mitigation fees with the building permit phase. Senior Planner Tambornini believed that is appropriate and the City would be amenable to that request. Commissioner Sonnet asked staff the reason for the change in construction hours from the normal hours. Senior Planner Tamborini responded that when a development project requires subdivision entitlements, hours are typically further limited to minimize impacts on adjacent existing residential neighbors, so it is more restrictive. Staff noted that built out neighborhoods are more sensitive in terns of hours of construction, but staff did not receive any complaints or concerns with this project. It is just normal practice by the City to have stricter construction hours in built out neighborhoods. Commissioner Kirchmann believed the two existing lots on the Tentative Map are not contiguous to the private lane and asked staff the provision to the easement. Senior Planner Tamborini deferred to the applicant. Civil Engineer Oberkamper responded that two parcels adjoin the access easement and they do have rights to that easement. Commissioner Kirchmann believed the property boundaries are short of the easement. Civil Engineer Oberkamper stated that the easement lies within Lots 54, 55, 56 and the parcel being considered this evening. The solid line shown above those lower lots is the limit of the easement. Conmrissioner Kirchmann clarified that they are showing both the easement and the edge of the pavement. Civil Engineer Oberkamper responded in the affirmative. Commissioner Kirchmann asked if the existing easement has restrictions on the use in terms of who can use and for what purposes. Civil Engineer Oberkamper indicated that it is a common easement for these six parcels, soon to be seven parcels. It is pertinent to the existing larger parcel as well as the other five. ATTACHMENTIO Planning Commission Minutes 45 Happy Lane Project ATTACHMENT 10 Planning Commission Meeting Minutes Senior Planner Tambornini noted that the legal description for the existing Parcel F does describe a maintenance agreement for that easement and refers to all parcels A -F being required to maintain that road. So, there is reference that all parcels shall maintain that road. Civil Engineer Oberkamper pointed out that the purpose of the easement is access and utilities. Commissioner Kirchmann wanted to know the number of lots conveyed to others. Civil Engineer Oberkamper indicated that at least three lots have been conveyed to others. He added that currently there are four separate owners. Commissioner Kirchrnann clarified that the other three owners are not willing to grant access rights to the public. Civil Engineer Oberkamper explained that two owners do not have ownership within the easement. The first parcel to the left, which is the most downhill, does have ownership and would need to grant an easement if one were to be created in that location. His understanding is that they would not be excited about granting access. Commissioner Lang clarified that there is no reason to believe that an easement to the public has been granted or is likely to be granted over the property. Civil Engineer Oberkamper responded that an easement has not been granted and it is his understanding that there would be difficulty to grant such easement. Commissioner Lang then asked if those other property owners benefit in anyway from what is proposed tonight. Civil Engineer Oberkamper indicated that there are no benefits. Chair Pick discussed the exception and it seems they are going through all the trouble of rezoning and when he thinks of an exception it occurs when one is stuck in a corner, so he is having a hard time understanding the purpose of the exception. He then asked staff if an exception is necessary. Senior Planner Tamborini stated the property initially came forward as PD rezoning in order to establish setbacks and lot configuration that would mirror what is going on in the neighborhood. Staff did not favor that approach since it is overly complex for a small development, and preferred using conventional zoning standards. Staff took the approach if they were to leave the R -2a designation on the larger lot it would be consistent with the General Plan and Zoning Ordinance, but staff still wanted the house nestled down the hillside. The building area is constrained as compared to the R -2a lot width standards, and is more similar to an R-10 sized lot. Staff felt an exception made sense because it accommodated development consistent with the pattern in the neighborhood. Also, there is a provision in the hillside ordinance that allows reduction in setbacks to reduce grading. However, that reduction would not fit this situation. Chair Pick asked if there is an extension to the easement to accommodate the hammerhead or does it already exist in the dash lines as shown. Civil Engineer Oberkamper responded that it already exists in the dash lines as shown. Commissioner Kirchrnann discussed the Resolution under Exhibit 2b for the zone change, and pointed out that the last recital paragraph should state, "Planning Commission, " not City Council, which should read, "Whereas, the Planning Commission makes the following findings of fact for rezoning as required under Zoning Code Sections 14,27.060. " Senior Planner Tamborini agreed to make the modification. ATTACHMENT 10 Planning Commission Minutes 45 Happy Lane Project ATTACHMENT 10 Planning Commission Meeting Minutes Chair Pick opened the public hearing on this item, and seeing no one wishing to speak, the Chair closed the public hearing and brought the matter back to the Commission for discussion and action. Commissioner Colin noted that the DRB had a lot of discussion in terms of the location of the house, and as shown, it preserves the hillside better. There were specific comments about design, but it is a conceptual plan and it will go back to the Board, but in general, it was favorably received by the Board. A lot of the discussion had to do with guest parking, but the Board felt it was a well-designed project and situated nicely. She agreed with Chair Pick's comments in regard to an exception that usually with a lot of exceptions she gets very nervous, but in this case, the project is better. In terms of the road being longer, it makes it safer for emergency vehicles and the turnaround and she had no issue with the exception to secondary access. She whole-heartedly supported approving the negative declaration. She concurred with Civil Engineer Oberkamper that it seems a little arbitrary in regard to the hours and proposed changing the hours to lam to 5pm Monday -Friday and 9am to 6pm on Saturday. She believed access up above makes sense, but down below on a currently private road did not seem feasible. She concurred with Civil Engineer Oberkamper that it is very steep. She would not push for access up Happy Lane. She further recommended adoption of the resolution for rezoning as well as the project applications. Commissioner Sonnet agreed with Commissioner Colin's comments with one exception in regard to the access easement below. He did not think the Commission is in a position to decide that matter tonight. They have not heard the real argument pro and con and have been asked by staff to leave an option open. The condition to leave the offer of the easement down below is a good idea because City Council will have the opportunity to make a decision with all the information and facts. He recommended holding off on that item until all items are known. He also believed traffic mitigation fees should be connected to the building permit phase. He further noted that he agreed with staff s changes as outlined. Commissioner Lang agreed with the previous comments. In terms of the access easement, it is severely problematic in her view. Absent of an offer from the intervening property owners it cannot work, so the best solution is to remove Condition No. 10 and ask staff to inquire from the property owners to see if they are agreeable or not, and if so, then reinsert Condition No. 10 for City Council's consideration. In terms of the natural state areas, they must be consistent on the maps and be specific with text in the conditions. She suggested changing Condition No. 9 to make more specific as follows: "all areas of this site outside of the proposed building envelop shall remain in a natural state, except for the installation of drainage improvements as specified in the tentative map. All vegetation within the natural state area shall not be changed, except for restoration, etc. " Chair Pick suggested a public use trail of some sort in that area. Commissioner Lang stated that the trail must be defined and it must maintain a natural state. Commissioner Kirchmann discussed ED Condition No.7 on page 1 I and asked staff how many parking pullouts are desired. Senior Planner Tambornini responded that it was recommended by Board to accommodate some parking and it was left ambiguous. Staff added that they wanted to maximize guest parking. Commissioner Kirchmann clarified with staff that the thought is to work out that detail to staff s satisfaction. Senior Planner Tamborini responded in the affinnative. ATTACHMENT IO Planning Commission Minutes 45 Happy Lane Project ATTACHMENT 10 Planning Commission Meeting Minutes Commissioner Kirchmann asked staff what discretion City Council has to require public access in this situation. Senior Planner Tambornini explained that it is not blocking any existing public access, but there is nexus to provide access opportunities. Staff foresees difficulty in obtaining access through existing road easement. There could be an opportunity to go westerly across Parcel 1, but staff expects this issue may fall off the table before City Council review because there is an existing trail next to the school and access at this project may not be possible. Staff agreed to study the matter further and present it to City Council at that time when they have more information. Commissioner Kirchmann disagreed with Commissioner Lang and felt public access could be granted across Parcel 1 and up along the proposed new Parcel 2. The trail adjacent to Sun Valley school is steep and not inviting, so there might be an opportunity to have better access. The option offered by staff makes sense, which is to temporize and direct staff to study this issue and present alternatives to City Council, given the benefit of the additional information staff will acquire between now and then. He agreed this project works and it is nice to create one additional dwelling unit. The building envelop places the new home in a fairly prominent position and it will be important for DRB and staff to be careful in reviewing the specific ED permit for this site. Making sure the hillside guidelines are complied with and quality of design is high, so it does not read as a "big box. " He further noted that the upper story of the proposed dwelling would be quite visible to a number of areas throughout the valley. Chair Pick stated that it was not to long ago when they had an ugly battle over a house that had been built and planned at the maximum for a hillside. That particular house was based on what was supposed to be survey -based elevations of the hillside. In the end, the survey was wrong and the house was too high. To reinforce Commissioner Kirchmann's comments, if they are maximizing out the design, then it is important to make sure that does not happen again. Also, he is concerned about creating this parcel and then immediately accepting the setback. The house is properly situated. He agreed with the site plan. This is all good planning. However, this is a 4,600 sq. ft. residence and he did not think there is a need to challenge the setback automatically. He believed this is a well thought out proposal and a good solution for a tough problem. The hillside ordinance tends to be pretty sticky and he is surprised that they want to walk away from it so quickly. As far as the access easements, they do need to memorialize the offer for the crossover easement because that could be quite valuable. He did not attempt to craft language and left that to staff. Also, he hikes the Sun Valley trail routinely and it seems what is missing is bicycle access. He will miss having bicycle access to this open space. The Sun Valley trail is a good hiking access. Due to the topography at the top of the hammerhead, a bicycle trail would have to parallel the driveway and be confronted with tons of switchbacks to get to the top of the hill. The same would occur if they have access through Parcel 1. The only way to get up and over is through considerable engineered switchbacks and that is not a proposal anyone would support. He further agreed that normal construction hours are appropriate. Commissioner Kirchmann thought a typical set of hours were being used to condition developments. He believed Peacock Gap starting hours were later than lam. Even though it is a relatively small number of neighbors affected, he asked staff what is typically done. Principal Planner Boloyan noted that the municipal code is the base noise ordinance that talks about lam to 6pm Monday -Friday and 9am to 6pm on Saturday. Over the years, development in more sensitive areas the start hours have been bumped up to Sam to 6pm Monday -Friday and weekend construction has been eliminated. Peacock Gap had an Sam start time. Commissioner Kirchmann recommended an Sam start time instead of lam. The Commission and staff agreed. ATTACHMENT 10—Planning Commission Minutes 45 Happy Lane Project ATTACHMENT 10 Planning Commission Meeting Minutes Commissioner Kirchmann stated that one way or the other it must be clear whether that hammerhead area is part of the natural state area, conservation area or part of the building envelope. Principal Planner Boloyan suggested adding language to revise Condition No. 9 to state, "All areas outside of the proposed building envelope and easement area shall remain in a natural state. " The Commission agreed. Senior Planner Tamborini noted that similar to hillside regulations it spells out trails, so adding an easement allowance for access and the open space would cover it as well. Commissioner Lang wanted it always referred to it as a "natural state area. " Commissioner Kirchmann asked staff what improvements are permitted in a natural state area. Principal Planner Boloyan noted that natural state is defined as follows: "all land and water that remains undeveloped and undisturbed. This means that grading, excavating, filling and/or the construction of roadways, driveways, parking areas and structures are prohibited. Incidental minor grading for hiking trails, bicycle paths, equestrian trails, picnic areas and planting and landscaping which is in addition to and enhances the natural environment are permitted. " Principal Planner Boloyan outlined the following modifications discussed by the Commission: • Tentative Map Condition No. 5 - change language to reflect that prior to issuance of a building permit the traffic mitigation fees will be paid. • Tentative Map Condition No. 7 - increase the hours to start at 8am and add language prohibiting starting before that time. • Tentative Map Condition No. 9 will be referred to as a "natural state area " and also incorporate Commissioner Lang's proposed revisions to clarify the language. • Tentative Map Condition Nos.: 3 and 39 will be modified to incorporate the process consistent with major subdivisions procedures of Chapter 1502. • Memorialize the incorporation of the offer of a crossover access easement at the top portion of the property by modifying Condition No. 10. • Modify last "Whereas" clause on Exhibit 2b as indicated by Commissioner Kirchmann. • Revise the discussion in the Mitigated Negative Declaration to clarify the existing barns are on the City local list and not the state list. Chair Pick asked for a motion. Commissioner Colin moved and Commissioner Lang seconded, to adopt the Resolution recommending that the City Council adopt the Mitigated Negative Declaration prepared for the project with the modifications outlined above. Motion carried unanimously. AYES: Commissioners: Colin, Lang, Chair Pick, Kirchmann, Sonnet NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners Paul, Wise Commissioner Colin moved and Commissioner Lang seconded, to adopt the Resolution recommending that the City Council approve an Ordinance to rezone proposed Parcel 1 from R2a-H to R-20 as modified above. Motion carried unanimously. AYES: Commissioners: Colin, Lang, Chair Pick, Kirchmann, Sonnet NOES: Commissioners: None ABSTAIN: Commissioners: None ATTACHMENT 10 Planning Commission Minutes 45 Happy Lane Project ATTACHMENT 10 Planning Commission Meeting Minutes ABSENT: Commissioners Paul, Wise Commissioner Colin moved and Commissioner Lang seconded, to adopt the Resolution recommending that the City Council approve the subdivision with exceptions to street design standards, environmental and design review for the hillside subdivision, and exception for reduced setback with the changes previously identified as discussed above. Commissioner Kirchmann clarified that included in the motion is direction to staff to explore the possibility of an access easement to be presented to City Council. Commissioner Colin responded in the affirmative. Motion carried unanimously. AYES: Commissioners: Colin, Lang, Chair Pick, Kirchmann, Sonnet NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners Paul, Wise ATTACHMENT l0 Planning Commission Minutes 45 Happy Lane Project ATTACHMENT 11 Design Review Board Meeting Minutes MINUTES REGULAR MEETING DESIGN REVIEW BOARD JUNE 2, 2009 ROLL Board Members Present: Planning Commission Liaison: Board Members Absent: APPROVED Chair Olmsted, Vice Chair Summers, Garg, Huntsberry, Kent Colin None Community Development: Kraig Tambornini, Senior Planner D. New Business (3) ED09-015, Environmental and Design Review of a proposed hillside lot EX09-005 development plan, including conceptual review of the proposed residence and side yard setback exception to allow a 5 -foot encroachment along the southeasterly side yard (Happy Lane Lot Split). 45 Happy Lane (Kraig Tambornini) Tambornini summarized the staff report and asked the Board to make its recommendation regarding the site planning and subdivision design requirements. Specifically, staff asked the Board to comment on the following: • Whether the proposed building site appropriately responds to the hillside constraints. • Whether the building envelope and proposed setbacks are appropriate. • Whether the driveway access and retaining walls appropriately respond to slope contours. • Whether grading and drainage concepts adequately respect the hillside setting and natural drainage patterns. • Whether the conceptual hillside design shows development would be in harmony with the character of the neighborhood and hillside setting. Huntsberry asked staff to explain the exception. Tambornini explained that the exception is requested along the property line along the west side boundary where the proposed parking lot is located. Huntsberry noted that the plans show a 15 -foot setback and clarified with staff that it needs to be 20 feet. Huntsberry asked what is the setback along the east side. Summers noted that the staff report indicated that the street side setback is 15 feet and the proposed east side setback is 10 feet, so that is the exception. Tambornini requested a moment to verify the zoning regulations in order to clarify. Summers noted that the 10 -foot setback is shown on Civil Sheet 3. Chair Olmsted asked staff if the open parking deck is off the ground. Tambornini indicated that the parking deck is supported by retaining walls, so it would involve fill, but that is not subject to setback requirements. Retaining walls are subject to review, but it is considered an uncovered structure. Huntsberry asked staff, if this house is approved is it the last possible residence to be built on the hill, with the remainder to remain undeveloped space, or is there a possibility of another lot split in the future. Tambornini explained that the proposal is to take everything up slope of the ATTACHMENT 11 Design Reviem Board Minutes 45 Happy Lane Project ATTACHMENT 11 Design Review Board Meeting Minutes driveway and place it in a conservation area, so it will be permanently preserved as private open space. Chair Olmsted asked staff for some background on how this subdivision came to exist in its present form, which is rather shockingly haphazard in its appearance. Tambornini noted that the lots were created by grant deed prior to the Subdivision Map Act being applicable to subdivisions in the State. A certificate of compliance was recorded in 1986, which memorialized these lots and recognized as legal. The property owner who retained ownership of all the lots retained deeds and recorded them. They are commonly owned now, but created by grant deed prior to the need for a subdivision map. Huntsberry asked staff to explain City policy on developing roadways. Tambornini noted that this would be a private roadway. Huntsberry noticed that the 40 feet width is more than adequate for a roadway. The existing paved road is half that width, so he asked staff City policy on continuing what is present versus widening roads to take full advantage of the area for dedicated roadways to provide better circulation, possibly parking along side roadways. Tambornini stated that there is no hard and fast policy; it is reviewed on a case-by-case basis. It was reviewed with the fire division, traffic engineering and land division and they concluded that while the road is steep, adding one additional home would not create a condition that would negate the ability to do this project. They did require a private fire hydrant at the upper side of the road and a turnaround area, which they felt was adequate in this case. Huntsberry expressed concern for parking, such as when there is a party held at the house, and asked staff if people will park in the driveway or walk up the hill from the school below. Tambornini stated that would be the case, as proposed. Tambornini clarified that the zoning rules require: 20 -foot front yard setback; 25 -foot rear yard setback; and 15 -foot side yard setback. Staff considered the south property line to be the front property line because it faces the public way, so the sides are the east and west side boundaries and rear would be the upslope portion. They are asking for a 10 -foot side setback versus a 15 - foot setback, which is where the exception would apply. Staff further added that an R2 zone lot requires a 150 -foot width and their building area is only 87 feet wide. James Breitmayer, owner/applicant, indicated that his architect and civil engineer are present to answer any questions of the Board. Lee Oberkamper, civil engineer, explained that the prior property owner built the homes that are present and after the homes were built came through a process with the City for certificates of compliance for each of the homes and a survey was prepared showing parcels containing each of those homes. Part of the action was for the owner to dedicate the parcel at the top of the hill adjoining the residential area for open space and with that there was a transfer of density to that open space to the area below. The site will only accommodate one more house due to the steepness of the grade. The matter of setbacks came into the mix partly because of the fact that when they began the process it was believed that they needed to use PD zoning, so they selected setbacks consistent with the neighborhood. Staff determined that single-family zoning worked, so that changed the direction. The house was designed consistent with the PD development and they felt it was appropriate to move forward with the kind of setbacks already worked out as being consistent with the neighborhood. The exception referenced with respect to the subdivision ATTACHMENT II —Design Review Board Minutes 45 Happy Lane Project ATTACHMENT 11 Design Review Board Meeting Minutes ordinance, they do have a hammerhead turnaround built in at the end of the private street adequate for fire and emergency vehicles, where nothing exists today other than driveways. Huntsberry asked the slope at the end of the existing driveway and slope of the new driveway. Civil Engineer Oberkamper responded that the slope at the end of the existing driveway is 20%, but there is a stretch half way up around 25%. He visited the site several times and it is a short enough area that it does not feel terribly steep. The new driveway is flatter than 18%. He reiterated that the fire division, public works and traffic division are all satisfied that the driveway would function properly under these circumstances. Dent desired an explanation on the stormwater collection. Civil Engineer Oberkamper pointed out that Sheet C4 shows the appearance and explained that the bulk of the drainage from the area of the watershed comes into the swale and down into the existing piping system, which is probably 40 or 50 feet upstream from the last lot on the east side of the existing driveway. The drainage from the areas in which impervious surfaces are being created, which is the house and driveway, is carried down the hill to drainage structures and into a drainage detention pipe. From the detention pipe water will flow to a hillside drainage dissipater, which is typically a bench that is cut into the hillside with a perforated pipe. The water dissipates through the top, spreads and travels down the hillside. In terms of roof water, that will go to the detention box and dissipater to the south side of the house. Chair Olmsted asked if a 25% slope feels acceptable. Civil Engineer Oberkamper stated that it did not feel particularly steep during his visit of the site. Garg asked if the height of the building is under 30 feet. Civil Engineer Oberkamper responded in the affirmative. Chris Craiker, architect, explained that they started off as PD and that is why they had a 10 -foot setback on one side and 15 feet on the other side, which seemed appropriate at the time. As they transferred into making it as consistent as possible they felt the 5 -foot exception would be reasonable with the adjacent houses being 25 to 30 feet apart. They are trying to spread out the house as much as possible. The building is within the 30 foor height limit. However, there is one dormer that extends beyond the rear area as shown on the site elevation. It provides some architectural animation, which is acceptable with the design standards. They designed the house with stepping on both sides. As one approaches the house from the west, the second floor steps back in order to conform to the design standards. They did look at three different locations for this house: up hill; straight in; and the proposed, which they found most consistent with the neighborhood. It would be tucked into the hillside and create the least obstruction while protecting privacy of the homes and still afford a very nice view. Garg asked the material for the proposed roof. Architect Craiker responded that it would be a metal roof with a natural looking appearance. Chair Olmsted opened the public hearing on this item. Wynn Normandi, Crestwood Drive resident, expressed concern for a metal roof in terms of sun glare. Architect Craiker responded that there should be no sun glare. It would be a non -reflective roof along with non -reflective glass. The intent would be to keep it a darker color and non - reflective. ATTACHMENT 11 —Design Review Board Minutes 45 Happy Lane Project ATTACHMENT 11 Design Review Board Meeting Minutes There being no further public testimony on this item, the Chair closed the public portion and brought the matter back to the Board for discussion and action. Kent believed it is moving in the right direction. The driveway access is well thought out. The location of the home is excellent and liked the fact that it was moved down the hill. They have been pretty sensitive to the neighbors. When this matter comes back to the Board, he wanted to review the landscaping. He had no objection with the exception for the 10 -foot setback, but suggested planting evergreen natives to help screen the neighbors. He believed it would be nice to have a few native oak trees to screen from the open space. Summers commended the owner for hiring a topnotch consulting team, which makes all the difference in the world having professionals working on projects. He is very sensitive to this site and thinks this is a completely appropriate use for this piece of land. It is well thought out as indicated by Kent. He had no objection to the 10 -foot setback, particularly looking at the architecture being proposed. The upper levels step back and it is well articulated. When this comes back to the Board, he hopes to see a house this interesting. They must study these hillsides carefully in terms of stepping in upper levels, colors, providing relief from setbacks, which has been well thought out by the architect. It is interesting to not see another ranch style house. He further believed this lot is under the Urban Wildland Interface, so that must be examined. Garg agreed with comments that the location of the house was well thought out and seems to be appropriate for the building footprint, the area and requirements. He expressed concern for the exception in terms of the vicinity and distance of the neighboring structure, and wanted to hear the Building Department examined for compliance with wildland urban interface design standards. In regard to the architecture, aside from the dormer roof encroaching into the 30 feet, it is a good design. He is not sure if the curved roof appropriately addresses the hillside location, but overall it is fine architecture and a step in the right direction. Huntsberry had nothing further to add to the comments previously suggested, and could support as designed. Chair Olmsted stated he cannot believe a subdivision was built in this town that did not require a subdivision map prior to building the dwellings. What has happened has been declared legal by the City, which seems odd, but does not rise to a level of inappropriateness. As for the roads, they are terribly steep now and he is surprised that City staff, fire division, public works, and the traffic division did not find objections to this proposal. He feels it is a very awkward site to reach. Its access is workable, but hardly gracious. As to the house design, it is well thought out and a credit to the sort of imaginative design thinking that can be done on hillside properties, and with one exception being the setback, he finds it fully acceptable. It seems there may have been more at work in the thinking that set the original setback at 15 feet rather than 10 feet. The side yard of this house faces the rear yard of the existing house and it is also considerably higher than the existing house and it is in situations like that when one wishes the setback distances increased rather than decreased. He suggested that the requested exception be denied, but given the fact that the City staff has found all the other site issues acceptable, he would find no reason to oppose, although he did not like it. Huntsberry originally asked why are they granting a 5 -foot exception to a large piece of land, just adhere to the 15 feet, but understands it was originally presented as a PD. This house will be ATTACHMENT II Design Review Board Minutes 45 Happy Lane Project ATTACHMENT 11 Design Review Board Meeting Minutes looking right into the backyard of the house to the side of it, but moving it 5 feet will not make much difference. He basically supported the project, but has concerns for guest parking. There is a lot of land and he desired two or three more parking spaces along that driveway, which would provide a much better arrangement for future use of this property. The majority of the Board supported that suggestion. Tambornini summarized the Board's comments: • In general, the majority of the Board supports the concept. • Access and siting of the lot is appropriate. • The size of home is appropriate. • The design in concept is appropriate and appears to be sensitive to the neighbors. • There is support for the exception as presented with 15 feet maintained on the west property line and 10 feet on the east property line. • The driveway leading up to the house should provide pullouts for additional guest parking to be provided for future users of the house. Tambornini explained that the Board is making a recommendation on the subdivision and the conceptual house plan. The project will go forward to the Planning Commission for approval of the subdivision and, if approved, development of the new house would come back to the Board for formal design approval. Chair Olmsted asked for a motion. Huntsberry moved and Kent seconded, to approve the project subject to the conditions outlined by staff. AYES: Members: Huntsbery, Kent, Chair Olmsted, Garg, Summers NOES: Members: None ABSTAIN: Members: None ABSENT: Members: None ATTACHMENT 11 Design Review Board Minutes 45 Happy Lane Project ATTACHMENT 12 Mitigated Negative Declaration Errata Page Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation outcroppings. Parcel 2 does contain mature Oak, Bay and Madrone trees, which are all located in the proposed conservation area that would be required to remain in its natural state. The project does not require any tree removal and existing trees on the project site would not be impacted (damaged or removed) as a result of the proposed construction. Development would occur within ruderal grasslands located on lower slope. There are two existing detached barns located at 45 Happy Lane (to become Parcel 1) that are on the'"^'���^ Regi.to_ e f 11i.teritial Rene.,_,., s City of San Rafael local historical survey list. CEQA Guidelines Section 15064.5.b establishes the California Register of Historical Criteria for Evaluation as the standard used for historical and architectural evaluation of properties. A project may have a significant affect on the environment if it may cause a substantial adverse change in the significance of a historical resource. More specifically, if an alteration of a resource or its immediate surroundings is created, the historical resource may be materially impaired. However, the barns are not adjacent to the proposed new driveway and would not be adversely affected by the project. Therefore, the project would have a less -than significant impact on scenic resources and no further study is necessary. (Sources: 1, 3, 5, 7, 8, 15) b. Substantially degrade the existing visual character or quality of the site and its ❑ ❑ Q surroundings? Discussion: The visual character of this site and its surrounding consists of single-family residences and hillside open space. The area proposed for additional development is surrounded by other single-family residences to the east and south, and bound by open space to the north, east and west. By limiting development to the lower portion of the proposed new parcel the project would integrate with the existing residential character of the surrounding area. As a result, neither the existing visual character nor the quality of the site and its surroundings would be adversely affected or degraded. In addition, the designated conservation area that would preserve the northerly upper slope portion of the lot would establish a buffer and transition zone from the residential development below to open space above. The project would have no impact on ridgeline views, given that the designated ridgeline is located more than 200 -feet above the elevation of the proposed building site. The City's Environmental and Design Review process (San Rafael Municipal Code-SRMC, Chapter 14.25) would assure the design of a single-family residence on Parcel 2 would conform to the City hillside development standards. While the additional development proposed at the base of the hillside may result in minimal changes in the character of the neighborhood, the proposed project would remain in character with the residential area and would be designed to respect its hillside setting in form and materials. Based on this discussion, staff has concluded that the project would have a less -than significant impact and no further study is necessary. (Sources: 1, 3, 4, 5, 7, 8, 14) C. Create a new source of substantial light or glare which would adversely affect day or nighttime ❑ Il views in the area? Discussion: The project site is bordered to the south and southeast by single-family residential development, and further south by a public school use. Light emitted by the proposed project would be similar to existing residential uses. Generally, residential lighting is not considered a significant light emitting source, and the General Plan EIR did not identity potential impacts as a result of residential development (GP EIR, page IV.7-6). Therefore, the project would have a less -than -significant impact and no further study is necessary. (Sources: 1, 4, 5, 7, 8) Environmental Checklist Form 17 Happy Lane Rezone & Lot Split ATTACHMENT 12 —Mitigated Negative Declaration Errata Page 45 Happy Lane Project S4NVI N U Pd'"OlS W'WVSb:Ot.'6600Z/Eds'dkw'aaai.awAwmnoel6+w\Eir[oWupowft4' Wmpro\u)n1\ b rocroren_�e uu�vaorye oreo�ue nirzaxooxoeu :)NlSN33NIDN9 IIAIJ nxaoim-� N3AW113NO30 SCINVI 05ONtl7 dVW 3AI1V1N31 'mevn �rvz I I j j I I a t mUR eNu UH sg"�� ABs"s� Eoa�� �fig�P 3%C a�H$sg�za� Z �dnammnm 60 � ._logo. 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