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HomeMy WebLinkAboutPlanning Commission 2016-09-13 Agenda Packet AGENDA SAN RAFAEL PLANNING COMMISSION REGULAR MEETING TUESDAY, September 13, 2016, 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 1400 FIFTH AVENUE SAN RAFAEL, CALIFORNIA  Sign interpreters and assistive listening devices may be requested by calling 415/485-3085 (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 though Golden Gate Transit, Line 20 or 23. Paratransit 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 requested to refrain from wearing scented products. Any records relating to an agenda item, received by a majority or more of the Agency Board less that 72 hours before the meeting, shall be available for inspection in the Community Development Department, Third Floor, 1400 Fifth Avenue, and placed with other agenda-related materials on the table in front of the Council Chamber prior to the meeting. THE PLANNING COMMISSION WILL TAKE UP NO NEW BUSINESS AFTER 11:00 P .M. AT REGULARLY SCHEDULED MEETINGS. THIS SHALL BE INTERPRETED TO MEAN THAT NO AGENDA ITEM OR OTHER BUSINESS WILL BE DISCUSSED OR ACTED UPON AFTER THE AGENDA ITEM UNDER CONSIDERATION AT 11:00 P.M. THE COMMISSION MAY SUSPEND THIS RULE TO DISCUSS AND/OR ACT UPON ANY ADDITIONAL AGENDA ITEM(S) DEEMED APPROPRIATE BY A UNANIMOUS VOTE OF THE MEMBERS PRESENT.APPEAL RIGHTS: ANY PERSON MAY FILE AN APPEAL OF THE PLANNING COMMISSION'S ACTION ON AGENDA ITEMS WITHIN FIVE BUSINESS DAYS (NORMALLY 5:00 P.M. ON THE FOLLOWING TUESDAY) AND WITHIN 10 CALENDAR DAYS OF AN ACTION ON A SUBDIVISION. AN APPEAL LETTER SHALL BE FILED WITH THE CITY CLERK, ALONG WITH AN APPEAL FEE OF $350 (FOR NON-APPLICANTS) OR A $4,476 DEPOSIT (FOR APPLICANTS) MADE PAYABLE TO THE CITY OF SAN RAFAEL, AND SHALL SET FORTH THE BASIS FOR APPEAL. THERE IS A $50.00 ADDITIONAL CHARGE FOR REQUEST FOR CONTINUATION OF AN APPEAL BY APPELLANT. Members of the public may speak on Agenda items. CALL TO ORDER PLEDGE OF ALLEGIANCE RECORDING OF MEMBERS PRESENT AND ABSENT Approval or revision of order of agenda items. PUBLIC NOTIFICATION OF MEETING PROCEDURES URGENT COMMUNICATION Anyone with an urgent communication on a topic not on the agenda may address the Commission at this time. Please notify the Community Development Director in advance. CONSENT CALENDAR 1. Minutes, August 23, 2016 PUBLIC HEARING 2. 51 Gold Hill Grade – Request(s) for Environmental and Design Review Permit, Tentative Map and Lot Line Adjustment to allow the subdivision of the existing 3.193-acre hillside parcel into 3 lots with two existing single family homes occupying Parcel 1 and Parcel 2, and a new single family home proposed for Parcel 3. The proposed Lot Line Adjustment would entail a transfer of 1,200 sf of land from 51 Gold Hill Grade (APN# 015-091-03) to 31 Gold Hill Grade (APN: 015-091-04).; R1-a (H) Single Family Residential (Hillside Overlay) Zoning District; Martin J. Coyne, owner; Ray Cassidy, applicant; File No(s): ED16-016/TS16-001/LLA16-001/IS16-001. Dominican/Black Canyon Neighborhood. Project Planner: Caron Parker Environmental Review: Mitigated Negative Declaration 3. 1203 and 1211 Lincoln Avenue (Corner of Lincoln Ave. and Mission Ave.) – Request for Time Extensions for a Vesting Tentative Condominium Map, Environmental and Design Review Permit and Use Permit approvals for a 36- unit residential condominium project, including height and state density bonus, on a 0.68-acre corner property in the Downtown area. APN: 011-184-08 and 011-183-10; High Density Residential (HR1) District; Lafayette Capital Group, Inc., owner/applicant; File No(s): TS16-003, ED16-083 and UP16-037 (Current File Numbers TS15-004, ED15-054 & UP15-023). Project Planner: Raffi Boloyan Environmental Review: Environmental Impact Report DIRECTOR’S REPORT COMMISSION COMMUNICATION ADJOURNMENT I. Next Meeting: September 27, 2016. I, Anne Derrick, hereby certify that on Friday, September 9, 2016, I posted a notice of the September 13, 2016 Planning Commission meeting on the City of San Rafael Agenda Board.     IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, August 23, 2016          Regular Meeting        San Rafael Planning Commission Minutes    For a complete video of this meeting, go to http://www.cityofsanrafael.org/meetings    CALL TO ORDER   RECORDING OF MEMBERS PRESENT AND ABSENT    Present: Larry Paul Jack Robertson Barrett Schaefer Mark Lubamersky, Chair Berenice Davidson Gerald Belletto Absent: None Also Present: Kraig Tambornini, Senior Planner Paul Jensen, Community Development Director   PLEDGE OF ALLEGIANCE   RECORDING OF MEMBERS PRESENT AND ABSENT   URGENT COMMUNICATION   CONSENT CALENDAR    1. Minutes, August 9, 2016   Jack Robertson moved and Gerald Belletto seconded to approve minutes as presented. The vote is as follows:   AYES: Larry Paul, Jack Robertson, Barrett Schaefer, Mark Lubamersky, Chair, Berenice Davidson, Gerald Belletto NOES: None ABSTAIN: None ABSENT: None   PUBLIC NOTIFICATION OF MEETING PROCEDURES   PUBLIC HEARING        2. San Rafael Fire Station 57- 3530 Civic Center Drive – Request for Environmental and Design Review Permit and Variance to replace the existing Fire Station 57 with the development of a new fire station (9,600 square feet), that will include the Medic 3 (paramedic) currently located at Fire Station 53. The project includes associated site and landscaping improvements and an 800-square foot storage building for this County- owned site. Project proposes a waiver from the minimum 50-foot wetland setback/buffer requirement set forth in SRMC Section 14.13.040B.2. APN: 179-270-12 (ptn.); Public/Quasi-Public (P/QP) District; City of San Rafael, applicant; County of Marin, property owner; Civic Center/Santa Venetia Neighborhoods. Project Planner: Paul Jensen Recommended Environmental Review: Adopt Mitigated Negative Declaration   Staff Report   Barrett Schaefer moved and Berenice Davidson seconded to adopt resolution approving an Initial Study/Mitigated Negative Declaration and a Mitigation Monitoring and Report Program. The vote is as follows:   AYES: Larry Paul, Jack Robertson, Barrett Schaefer, Mark Lubamersky, Chair, Berenice Davidson, Gerald Belletto NOES: None ABSTAIN: None ABSENT: None   Barrett Schaefer moved and Jack Robertson seconded to adopt resolution approving Environmental and Design Review Permit and Variance. The vote is as follows:   AYES: Larry Paul, Jack Robertson, Barrett Schaefer, Mark Lubamersky, Chair, Berenice Davidson, Gerald Belletto NOES: None ABSTAIN: None ABSENT: None    3. General Plan 2020 10-Year Review Amendments – The City of San Rafael Planning Commission will consider recommending amendments of the San Rafael General Plan 2020, affecting all 16 General Plan 2020 Elements and the General Plan Land Use Map to update policies, programs, resources, and responsibility references in the document to: a) keep the General Plan current; b) respond to actions and programs completed to implement the General Plan; and c) respond to changing conditions or circumstances. No significant changes to projected growth or development would result from these amendments. Revisions to the General Plan 2020 Land Use Map are also proposed to address mapping errors and current inconsistencies with the Zoning Districts map. Map amendments include the establishment of a “Water” land use designation for San Rafael Canal and San Rafael Bay/San Pablo Bay. File No.: GPA15-001. Project Planner: Kraig Tambornini Recommended Environmental Review: Adopt EIR Addendum.   Staff Report   Reso Exhibit 2A   Reso Exhibit 2B       Jack Robertson moved and Berenice Davidson seconded to adopt resolution recommending that the City Council adopt the EIR Addendum. The vote is as follows:   AYES: Larry Paul, Jack Robertson, Barrett Schaefer, Mark Lubamersky, Chair, Berenice Davidson, Gerald Belletto NOES: None ABSTAIN: None ABSENT: None   DIRECTOR’S REPORT   COMMISSION COMMUNICATION   ADJOURNMENT   ___________________________________ ANNE DERRICK, Administrative Assistant III APPROVED THIS_____DAY____OF_______, 2016 _____________________________________ Mark Lubamersky, Chair                           Community Development Department – Planning Division P. O. Box 151560, San Rafael, CA 94915-1560 PHONE: (415) 485-3085/FAX: (415) 485-3184 Meeting Date: September 13, 2016 Agenda Item: Case Numbers: ED16-016/TS16-001/LLA16- 001/IS16-001 Project Planner: Caron Parker (415) 485-3094 REPORT TO PLANNING COMMISSION SUBJECT: 51 Gold Hill Grade – Request(s) for Environmental and Design Review Permit, Tentative Map and Lot Line Adjustment to allow the subdivision of the existing 3.193- acre hillside parcel into 3 lots with two existing single family homes occupying Parcel 1 and Parcel 2, and a new single family home proposed for Parcel 3. The proposed Lot Line Adjustment would entail a transfer of 1,200 sf of land from 51 Gold Hill Grade (APN# 015-091-03) to 31 Gold Hill Grade (APN: 015-091-04).; R1-a (H) Single Family Residential (Hillside Overlay) Zoning District; Martin J. Coyne, owner; Ray Cassidy, applicant; File No(s): ED16-016/TS16-001/LLA16-001/IS16-001. Dominican/Black Canyon Neighborhood. EXECUTIVE SUMMARY The 3.19 acre project site is currently developed with two detached single family homes on a single lot. The project proposes to divide the existing 3.19 acres lot into 3 separate lots, each 1-acre or greater in size. Lot 1 and Lot 2 would be created, and each keep one of the existing single family homes, while Lot 3 would be developed with a new single family home. Therefore, the project would result in the net increase of one new single family home. The project proposes to extend and widen the existing driveway to serve the new home and provide a required Fire Department access road and hammerhead turnaround. The application also includes conceptual plans for the design of a new 4,500 sq. ft. single family home on proposed the Lot 3. The conceptual design is required in hillside areas to ensure that the subdivision design can accommodate a new home. The project also proposes a concurrent Lot Line Adjustment (LLA) request to transfer a portion of the 3.19 acre parcel (APN 015-091-03) to the adjacent parcel at 31 Gold Hill Grade (APN 015-091-04), in order to reduce the overall slope of the subject parcel and therefore meet the density and lot width requirement for a hillside subdivision, pursuant to San Rafael Municipal Code (SRMC) Title 15. The DRB reviewed the application once (April 19, 2016), reviewing the lot layout, conceptual design for the new home and design of the proposed subdivision improvements. The Board ultimately recommended approval of the project design, with the following conditions: 1) provide preliminary landscape plan details for the road widening and the development on Lot 3; 2) provide information on recent tree removal on site; and 3) revise the proposed 2 car-carport for Lot 1 and Lot 2 to two-car garages. After the DRB meeting and the applicant revised the project plans and eliminated the carports and proposed only uncovered parking. This was based on information provided by staff which has since been corrected. The applicant has revised the plans to propose a 2-car carport design for both existing homes on Lot 1 and Lot 2, but does not want to provide garages as recommended by the DRB, as carports are consistent with Chapter 18 requirement for covered parking. Unfortunately, revised plans were not ready in time to e-mail to the Commissioners. Revised plans showing the carport locations will be distributed at the hearing. The design of the carports will be subject to staff level Administrative Design Review. REPORT TO PLANNING COMMISSION - Case No: ED16-016/TS16-001/LLA16-001/IS16-001 Page 2 The project site has sufficient lot area to accommodate 3 separate lots. The site has historically had 2 separate single family homes on a one lot, so this subdivision would rectify that inconsistency, as well as add one new developable lot to the property. The design and placement of the new lots is logical and respectful of the existing conditions and environmental constraints. Upgrades are proposed or required to improve site access and safety, including widening the private driveway on the site, creating a Fire Department turn around at the end and stabilizing the driveway with retaining walls. In addition, the conceptual design of the new home on Lot 3 has been evaluated and found to demonstrate that Lot 3 as designed can accommodate a new home. Based on the conceptual design, it appears the site would be able to accommodate a building footprint and parking within the required development standards for the R1a-H Zoning District, as well as meet the Hillside Development regulations. The existing houses would remain unchanged. The proposed carports are considered “accessory structures” and would require staff level Administrative Design Review approval pursuant to Zoning Ordinance Section 14.25.040.C.11 Consistent with CEQA requirements, an Initial Study was prepared to evaluate the potential impacts from this project. The Initial Study analysis concluded that the project’s potential impacts to Biological Resources, Cultural Resources and Geology and Soils could be mitigated to a less-than-significant level through implementation of recommended mitigation measures or through compliance with existing Municipal Code requirements or City standards. The Draft Initial Study/Notice of Intent to Adopt a Mitigated Negative Declaration was published and mailed on August 23, 2016 for a 20 day review and distributed to the Commission at the start of the public review period. The public comment period ends on September 12, 2016. RECOMMENDATION It is recommended that the Planning Commission adopt the following Resolutions: 1. Resolution adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) for the 51 Gold Hill Grade 3-lot subdivision (Exhibit 1); and 2. Resolution conditionally approving an Environmental and Design Review Permit, Tentative Map and Lot Line Adjustment for the 3-lot subdivision (Exhibit 2) PROPERTY FACTS Address/Location: 51 Gold Hill Grade Parcel Number(s): 015-091-03, 015-091-04 Property Size: 3.19 acres Neighborhood: Dominican/Black Canyon Neighborhood Site Characteristics General Plan Designation Zoning Designation Existing Land-Use Project Site: Hillside Residential (HR) R1a-H Residential North: Open Space (PD-H) Open Space (City of San Rafael) South: HR (PD-1884) Vacant (Dominican Univ. owned) East: HRR (Hillside Residential Resource) R2a-H (Dominican Univ. owned) Vacant (Dominican Univ. owned) West: HR R20-H Vacant (Dominican Univ. owned) REPORT TO PLANNING COMMISSION - Case No: ED16-016/TS16-001/LLA16-001/IS16-001 Page 3 Site Description/Setting: The subject property is located at the end of a paved portion of Gold Hill Grade and is accessed via a private driveway spur off the Gold Hill Grade public right-of -way, (see Exhibit 3). Part of the driveway is paved with asphalt and the remainder is gravel. The existing access driveway terminates about 25’ from the second existing single-family home on the project site. The site is an up-sloping hillside property with an average cross slope of 30.46%. The site is not in a designated ridgeline area. There are two (2) existing single-family homes (one-story and 2-story) and a small shed on the 3.19 acre parcel. The two existing single family homes on the subject site are 1,200 sf and 2,350 sf in building area. Neither of the structures has covered parking on site. To the south, the property is adjacent to a natural, open ephemeral channel creek (Sisters Creek), which parallels the road (Gold Hill Grade) flowing toward the west. Portions of the creek are located within the subject property. There is one Oak tree and one Sycamore tree identified on the project site as well as several stands of Eucalyptus trees along the perimeter of the project site. The site is surrounded by one and two story, single family residential uses and an open space trail. BACKGROUND Site History The project site has existed for many years as a 3.19 acres lot with 2 single family homes. A small dilapidated out-building was demolished on the site earlier in 2016. PROJECT DESCRIPTION The project proposes a Lot Line Adjustment with the adjacent property at 31 Gold Hill Grade, and the subdivision of the existing 3.19 acre parcel into 3 separate lots:  Lot 1: 43,800 square feet (34.68% slope)  Lot 2: 46,796 square feet (28.68% slope)  Lot 3: 47,297 square feet (28.88% slope) Architecture: Proposed Lot 1 and Lot 2 would each host one of the two existing single-family homes on the site. No changes to these existing homes are proposed. Conceptual site and building plans showing a new 4,500 sq. ft. single family home (with 2 car garage and 2 guest parking spaces) for Lot 3 has been provided (see Plan Sheet C-3 and schematic sketch, Exhibit 4). However, a specific home design is not proposed nor considered as part of this project. The conceptual design is a requirement of hillside subdivisions and require an applicant to submit enough conceptual design information to demonstrate that a new subdivision can accommodate a reasonable new structure, without requesting variances. No carport design has been provided at this time for the existing homes on Lot 1 and Lot 2, and would be subject to staff level Administrative Design Review. Vehicular access and parking Vehicular access to the lots would be via the existing driveway used by the existing homes on the project site. The project proposes to widen the existing driveway to 20 feet in width and extend the driveway approximately 200 feet to provide access the proposed home on Lot 3. An existing deck and a concrete pad REPORT TO PLANNING COMMISSION - Case No: ED16-016/TS16-001/LLA16-001/IS16-001 Page 4 area are located in the path of the new driveway and are therefore proposed for demolition to accommodate the required 20 foot driveway. The existing and new access driveway would be identified as a mutual driveway access and utility easement for all three properties. A required fire truck turnaround would be created on Lot 3. The project proposes that a two-car garage and 2 uncovered guest parking spaces would be provided on Lot 3, in order to comply with Zoning Ordinance parking requirements and Hillside Overlay district standards. In terms of Lot 1 and 2, there are no existing covered spaces. The applicant had originally proposed to construct a 2-car carport on each lot to bring the site into compliance with Chapter 18 parking requirements for 2 covered spaces for single family dwellings. After the DRB meeting, the plans were revised to show uncovered parking. This was based on staff direction that parking upgrades were not required. However, staff has determined that this direction was in error, and the applicant is proposing carports again as originally presented. Utilities The project would extend water, sewer and power lines to the new residential building pad on Lot 3 utilizing a mutual driveway access utility easement running beneath the existing driveway. The project would not install any improvements, nor require any work within or across the creek or in the creek bank. Sewer line access to the lots via the existing shared driveway is proposed to avoid crossing the creek that parallels the Gold Hill Grade roadway. The southeastern portion of the property abuts the Gold Hill Grade Fire Road. The applicant has agreed to provide a maintenance access easement to the City of San Rafael for trail maintenance in this area (See Plan Sheet C3). Grading and Drainage The proposed project has provided a Preliminary Grading and Drainage Plan. The grading proposed is primarily associated with the driveway widening and parking areas for the existing and proposed homes. Retaining walls are proposed along the south side of the new driveway extension (proposed maximum height 4.5 feet), and at the end of a new fire-truck turnaround (ranging in height from 3.5 feet to 7 feet). The fire truck turn-around is required for the creation of the additional buildable Lot 3. Smaller retaining walls may be required for the proposed expanded guest parking areas on Lot 1 and Lot 2. The applicant is proposing to post a bond to cover the future roadway improvements. A total amount of 580 cu.yds of cut and 190 cu.yds of fill is proposed. A total of 390 cu.yds of off -haul is proposed. Also, a 260 square foot bio-retention area is proposed for the southwest portion of the newly created Lot 3. The stormwater would then be discharged through a drainage outlet structure. All storm water on the driveway and the fire truck turnaround would be collected in the curb and gutter on the southern side of the driveway before being captured in a catch basin and directed to a bio-retention area at the western end of the creek. This second bio-retention area will outlet into the side of the existing roadway culvert on the Gold Hill Grade roadway. Landscaping: The applicant has not proposed any tree removal as part of the subdivision or driveway extension. There is one Oak tree and one Sycamore tree identified on the project site, as well as several stands of Eucalyptus trees along the perimeter of the project site. The applicant has been working with the Fire Department to comply with the Vegetation Management regulations by removing dead brush, and fallen and dead trees on the project site (see Exhibit 4). No preliminary landscape plan has been proposed at this time, either for Lot 3 or for the future roadway widening. REPORT TO PLANNING COMMISSION - Case No: ED16-016/TS16-001/LLA16-001/IS16-001 Page 5 Lot Line Adjustment The concurrent Lot Line Adjustment (LLA) is proposed at the northwestern corner of the subject parcel (APN #015-091-03), to transfer 1,200 square feet of property to the adjacent developed parcel at 31 Gold Hill Grade (APN #015-091-04). The adjustment is being pursued in order to reduce the overall slope of the subject parcel (APN #015-091-03) from 30.46% slope to a 29.95% slope. This minor reduction in slope enables the project to meet the density and lot width requirement for a hillside subdivision, pursuant to San Rafael Municipal Code (SRMC) Title 15. ANALYSIS In addition to a Tentative Subdivision Map application, hillside subdivisions (i.e., properties with slopes over 25%, or General Plan Land Use Designation of Hillside Residential) also require an Environmental and Design Review Permit approval pursuant to San Rafael Municipal Code (SRMC) Section 14.25.040.3 (a) and SRMC Section 15.07.020 (d) (Standards for Hillside Subdivisions). The following represents a summary of staff’s analysis for the project: San Rafael General Plan 2020 Consistency: The General Plan Land Use Designation for the project site is Hillside Residential (0.5-2 units per acre). The proposed project is generally consistent with the following applicable General Plan Policies:  Land Use Policy LU-8 (Density): The proposed project is consistent with the maximum density allowed in the Hillside Residential Land Use Category (0.5-2 units/acre).  Land Use Policy LU-12 (Building Height): The existing homes and proposed new home on Lot 3 are consistent with the 30’ height limit.  Land Use Policy LU-23 (Hillside Residential Land Use Designation): The proposed 3-lot subdivision would not change the existing use on the project site, which is single family residential development. The proposed new home on Lot 3 would be in keeping with the surrounding residential uses.  Housing Policy H-2 (Neighborhood Improvement): Recognize that the construction of new housing can enhance a community. The addition of one single family home to the new Lot 3 would add to the housing stock in San Rafael, and provide an appropriate use for the currently vacant portion of the parcel. The conceptual design presents a home that is compatible with existing development, and would be screened from the adjacent open space trail.  Housing Policy H-3 (Designs that fit into Neighborhoods): Design new housing, remodels and additions to be compatible in form to the surrounding neighborhood. The proposed new single family home will be subject to Hillside Development Guidelines, and the applicant has presented a conceptual home design showing that a new home can be constructed on the newly created Lot 3 and meet the required development standards for setback, lot coverage, natural state and building height.  Neighborhood Element NH-95 (Barbier Park/Gold Hill Grade): Maintain public access to Barbier Park /Gold Hill. The proposed project would not impact access to the open space trail. The project proposes an access easement at southeast corner of the property to improve access to the trail for maintenance. REPORT TO PLANNING COMMISSION - Case No: ED16-016/TS16-001/LLA16-001/IS16-001 Page 6  Community Design CD-3 (Neighborhoods): Recognize, preserve and enhance the qualities that give neighborhoods their unique design. The proposed 3-lot subdivision is proposing 1 new home, which would be reviewed for compliance with Chapter 25 Design Guidelines and also be subject to Hillside Design Guidelines, which seeks to preserve the natural environment as part of the development. The existing homes would remain the same.  Community Design Policy CD-18 (Landscaping): Recognize the unique contribution provided by landscaping and make it a significant component of all site design. The applicant has not proposed any tree removal on site, although the site was recently cleared of dead trees and brush per the San Rafael Fire Department’s Wildland Urban Interface (WUI) Guidelines. A 3:1 tree replacement ratio is required for removal of “significant trees” per Hillside Guidelines. A preliminary landscape plan would be required as part of the future development on Lot 3.  Open Space Policy OS-4 (Access to Open Space): Encourage provision of access to open space in the design of adjacent development. The project is adjacent to the Barbier Park/Gold Hill Grade Fire Road trail. The proposed project would not impact existing access to the trail, which runs along the eastern edge of the project site. The existing Gold Hill Grade fire road crosses the southeast portion of the project site, and the project proposes to grant a maintenance access easement across this portion of the property.  Conservation Policy CON-6 (Drainageway Setbacks): Require development-free setbacks from existing creeks and drainageways that will maintain the functions and resulting values of this habitat. The proposed conceptual design for Lot 3 (including the driveway extension) meets the required setbacks for drainageways and creek on the property. No changes are proposed for the existing homes.  Sustainability Policy SU-5 (Reduce Use of non-renewable Resources): Require new construction and remodel projects to comply with adopted Green Building regulations. In 2011, the City of San Rafael adopted a new Sustainability Element for General Plan 2020 that supports its Climate Change Action Plan (CCAP). The CCAP includes goals to achieve Greenhouse Gas (GHG) level reduction by 2025 and 2050 that exceed the State’s goals under AB 32. The City of San Rafael Zoning Ordinance identifies the project site as single family residential, and the three lot subdivision complies with the minimum lot size requirement and hillside subdivision ordinance regulations for slope. The proposed Project would not directly result in any significant population growth. Consequently, the proposed Project would not exceed the level of population or housing foreseen in City or regional planning efforts and it would not have the potential to substantially affect housing, employment, and population projections within the region, which is the basis of the 2010 Bay Area Clean Air Plan projections. Because the proposed development project would be consistent with the General Plan land use designation, no analysis of GHG emissions is required under the provisions of the CCAP, provided that the project is consistent with the City’s “Greenhouse Gas Reduction Strategy Compliance Checklist”, which lists all the individual City Ordinances that help implement the City’s Sustainability Element goals. In June 2016, the applicant submitted responses to the Checklist that indicate the project would comply with all the Checklist required elements that are applicable to the project (e.g., Green Building Ordinance, Water Efficient Landscape Ordinance, Wood-Burning Appliance Ordinance, Construction and Demolition Debris Recycling Ordinance). Additional analysis is provided in the Air Quality Section (Page 18) of the in the Initial Study/Mitigated Negative Declaration, which determined that the project would have a less-than-significant impact on the environment. REPORT TO PLANNING COMMISSION - Case No: ED16-016/TS16-001/LLA16-001/IS16-001 Page 7 Zoning Ordinance Consistency: Chapter 14.04 - Base District Regulations The proposed 3-lot subdivision and new home development on Lot 3 is subject to development standards pursuant to Section 14.04.030 - the R1a-H (Single Family Dwelling –Hillside Overlay) Zoning District. The project is in substantial compliance with the R1a-H zoning regulations including density, minimum lot size, setback requirements and height limit. Chapter 14.12 – Hillside Overlay District The proposed project is limited to a 3-lot subdivision and would not change the conditions for the homes on site. The existing homes on proposed Lot 1 and Lot 2 would comply with the hillside guidelines natural state requirement (as shown on Plan Sheet C-3), and also comply with the maximum gross building square footage requirements and guest parking. The proposed conceptual home design for Lot 3 is designed to comply with the hillside guidelines with respect to natural state, maximum gross building square footage, building stepback and guest parking. Chapter 18 – Parking The existing parcel has 2 single family homes with uncovered parking. The proposed project would add a 2- car carport to each single family home on Lot 1 and Lot 2, bringing both lots into compliance with Chapter 18 (Section 14.18.040) requirements for 2 covered spaces for single family homes. In addition, both lots would also be provided with 2 uncovered guest spaces, which complies with the Hillside Guidelines regulations for guest parking. The proposed new home on Lot 3 is proposing a 2-car garage and 2 uncovered guest parking spaces. Chapter 16 – Creek Setback The southern portion of the project site is located within the boundaries of Sister’s Creek, an ephemeral USGS blue-line stream (see Plan Sheet C-5). The stream crosses the very southern portion of the project area from east to west. All existing structures are located outside the 25’ creek setback as required per San Rafael Municipal Code 14.16.080.A. This creek has been identified in a Biological Assessment Report prepared by WRA Environmental Consultants as an “ephemeral creek”, and is also identified in Exhibit 37 of the General Plan (Watersheds and Creeks). The existing homes and the proposed new home are located to the north of the creek and are all outside of the 25 foot creek setback requirement (see Plan Sheet C-4), per Zoning Ordinance Section 14.16.080. However, parts of the existing driveway currently encroach into the required 25 foot creek setback. The project proposes to widen the existing 12-15 foot wide driveway to 20 feet wide, to meet Fire Department regulations, but the driveway will be widened to the north (see Plan Sheet C-5) and would therefore not further encroach into the 25 foot creek setback area. The required curb and gutter along the driveway would also be located outside the required creek setback. As such, the proposed project is consistent with the creek setback requirements. Plan Sheet C-2 identifies a natural drainageway towards the north of the project site, r unning east to west. The proposed new home on Lot 3 is approximately 30 feet away from the drainageway (See Plan Sheet C-4). However, the final location of the home on Lot 3 would be evaluated for impacts to the drainageway and compliance with Zoning Ordinance Section 14.16.080.C and 14.16.080.D. Chapter 25 – Environmental and Design Review Permit Specific architectural design considerations include, but are not limited to the following:  Creation of interest in the building elevation  Materials and colors should be consistent with the surrounding area  Landscape design  Provision of a sense of entry REPORT TO PLANNING COMMISSION - Case No: ED16-016/TS16-001/LLA16-001/IS16-001 Page 8  Exterior lighting  Drainage The project is generally consistent with the design criteria of Section 14.25.050 of the Zoning Ordinance and the Hillside Design Guidelines in that: 1) the proposed development has been designed to be compatible with the architectural design of the adjacent buildings near the project site; 2) the new home would not be visible from the public street (Gold Hill Grade); and 3) the conceptual design of the proposed new home on Lot 3 appears to be compliant with the Hillside Design Guidelines with respect to maximum gross building square footage, height and general design. In addition, the project was reviewed by other City Departments (Building Department, Fire Prevention Division, San Rafael Sanitation District and Public Works) and Marin Municipal Water District (MMWD) and comments and conditions have been provided. All deemed the plans to be complete and adequate for subdivision analysis. The proposed new home on Lot 3 will be reviewed in more detail again when a formal design review application is submitted with a specific home design. The future construction of a new home would be subject to Zoning Administrator Design Review Permit. New hillside homes also require Design Review Board (DRB) review and recommendation. As part of the design review, staff would evaluate the design of the pro9posed new home with respect to the Chapter 25 Design Guidelines, the Hillside Design Guidelines and the San Rafael Design Guidelines. In addition, pursuant to Zoning Ordinance Section 14.25.040.C.12, retaining walls over 3 feet in height require administrative design review. The proposed retaining walls along the driveway (maximum height proposed = 4.5 feet) and at the end of the turnaround (maximum height proposed = 7 feet) require design review approval with a recommendation by the DRB. None of the proposed retaining walls are located in a required setback area, and would likely be screened by existing vegetation. Staff is recommending the retaining walls be subject to follow-up review. The proposed new carports on Lot 1 and Lot 2 would be subject to staff level Administrative Design Review. Subdivision Ordinance Consistency Although the proposed 3-lot subdivision would create 3 new hillside lots from the one 3.19 acre site, it would effectively only create one additional new developable lot. This is due to the fact that there are currently two, legal single family homes on a single parcel. As proposed, Lots 1 and 2 would each accommodate one of the two existing single family homes, while Lot 3 would be developed with a new single family home. The proposed 3-lot subdivision complies with the Hillside Subdivision standards with respect to slope (minimum lot size (30,000 square feet), density (1.25 du/acre), and average lot width (100 feet). The newly created lots are consistent with the regulations for Minor Subdivisions and Lot Line Adjustments (LLA), pursuant to SRMC Section Chapter 15.03 (Minor Subdivision), Chapter 15.05 (Lot Line Adjustments), Chapter 15.06 (Subdivision Design Standards), and Chapter 15.07 (Standards for Hillside Subdivisions). The proposed subdivision of the hillside lot meets the requirements for lot width and minimum lot size, pursuant to SRMC Section 15.07.020 and lot access pursuant to SRMC Section 15.06.040(a). The newly created lots do front on a public street (Gold Hill Grade), but access to the street would have to be designed across the existing creek that runs parallel to Gold Hill Grade. In order to avoid potential impacts from constructing a new road across the creek and having to drill under the creek for utilities lines, staff is supporting t he applicant’s proposal to access Lot 3 via an extension of the existing driveway running along the north side of the creek, parallel to the Gold Hill Grade right-of-way. This driveway is proposed to be identified and a mutual driveway access and utility access easement. Per Section SRMC Section 15.06.040(b), such a proposal requires approval by the Planning Commission. REPORT TO PLANNING COMMISSION - Case No: ED16-016/TS16-001/LLA16-001/IS16-001 Page 9 The project is also proposing a Lot Line Adjustment (LLA) between the subject site and an adjacent vacant site at 31 Gold Hill Grade. The proposed LLA would not impact the ability of the proposed new Lot 1 to meet the Chapter 15 Subdivision requirements. Furthermore, the LLA is located at the rear of the lot at 51 Gold Hill Grade, and the additional 1,200 sf added to the adjacent parcel at 31 Gold Hill Grade would not impact the recent design review approval conditions for the new home on the site at 31 Gold Hill Grade. DESIGN REVIEW BOARD RECOMMENDATION Staff has provided a summary of the DRB meeting for this project. No written minutes are taken at the City’s public meetings. However, actual video recordings of the meetings are available through a video link on the City of San Rafael website, www.cityofsanrafael.org/meetings. Click on the Design Review Board video link for each of the desired hearing dates. The project went before the Board on April 19, 2016 (Commissioner Robertson as Planning Commission Liaison). The Board generally supported all elements of the project, and voted unanimously to recommend approval of the project design, subject to the following conditions: 1. Submit landscaping details as part of the proposed development of Lot 3 2. Submit a preliminary landscape plan as part of the proposed driveway widening details 3. Provide information about tree removal done on site 4. The proposed carport design for the existing homes be replaced with garages Since the meeting, the applicant has expressed concern with the Board’s recommendations regarding landscaping. The applicant indicated that he did not believe a preliminary landscape plan for the roadway or Lot 3 is necessary at this time, since the home design for Lot 3 is conceptual only, with the intent to demonstrate buildability of the lot. The applicant is only pursuing subdivision entitlement at this time, and does not propose to construct the single family home proposed on Lot 3. The applicant indicated that it is not productive to propose landscaping at this time, as the Lot 3 has yet to be sold and the landscaping plan may change with new ownership. Staff has determined that the Board’s recommendation for a preliminary landscape plan for Lot 3 would be addressed as part of the future development of Lot 3, and the Board will have the opportunity at that time to review whether the future landscaping on Lot 3 would be adequate to screen the new development from the trail. In terms of the landscaping along the roadway and along the frontage for Lot 1 and Lot 2, staff has determined that the r oadway widening would not entail the loss of existing trees, and that site constraints limit the area suitable for additional landscaping. The perimeter of the project site is already heavily vegetated, and additional landscaping may potentially impede maneuverability in and out of the parking areas. Several trees were removed from the project site prior to application submittal. In response to DRB recommendation #3 listed above, the applicant has submitted a map (see Exhibit 5) showing the location of trees removed per coordination with the City’s Fire Department to comply with the Wildland Urban Interface (WUI) requirements. With respect to the DRB’s recommendation #4 to replace proposed carports for the two existing homes with garages, the applicant contends that carports meet the covered parking requirements, and garages may have too much mass, especially on Lot 1. REPORT TO PLANNING COMMISSION - Case No: ED16-016/TS16-001/LLA16-001/IS16-001 Page 10 ENVIRONMENTAL DETERMINATION The project is subject to environmental review and does not qualify for an exemption under the California Environmental Quality Act (CEQA) Section 15315 (Minor Land Divisions) because the average cross -slope of the project site is greater than 20% slope. As such, an Initial Study/Mitigated Negative Declaration document has been prepared in accordance with Section 15063 of the California Environmental Quality Act (CEQA). As a 3-lot subdivision, the proposed project would result in very little physical change on the site. At some time in the future, the proposed Lot 3 would be developed with a new single family home, in keeping with the existing surrounding residential development and R1a-H zoning regulations. Required upgrades to the site would include extension and widening to the existing driveway, as well as extensions to water, sewer and electrical lines. Standard technical reports for hillside properties submitted included a Hydrology Study and Geology Investigation. Due to the project’s proximity to the adjacent Open Space area, and the fact that a large portion of the site has existed as vacant property, staff required that the applicant also prepare a Biological Assessment for the site. The Biological Assessment was prepared and submitted by WRA Environmental Consultants. The report noted that the project area “provides only limited wildlife habitat, but that it does include trees, shrubs and out buildings that could be used as nesting habitat by many bird species protected by the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CFGC).” The WRA Report concluded that “the construction of the project will not result in impacts to special-status plants and wildlife species or any sensitive habitats. However, given the hillside nature of the site, mitigation measures are recommended as standard practice to address potential impacts to protected migratory birds and potential for Pallid Bats to be on the site or in the area.” Recommendations from the WRA Biological Assessment, as well as recommendations from the Geotechnical Report and the City’s standard conditions of approval to protect potential cultural resources are included as required mitigation measures. Recommended measures are summarized in the Mitigation Monitoring and Reporting Plan (MMRP) and Initial Study/Mitigated Negative Declaration, which were distributed for Planning Commission review on August 23, 2016. Based on Initial Study review, with the addition of mitigation measures, or through compliance with existing Municipal Code requirements or City standards, the project’s potential impacts were determined to have a less-than-significant impact. The Initial Study/Mitigated Negative Declaration will serve as the environmental compliance document required under CEQA for any subsequent phases of the project and for permits/approvals required. The draft Resolution adopting the Mitigated Negative Declaration and approving the Mitigation Monitoring and Reporting Program is attached (Exhibit 1). All mitigation measures have also been included as conditions of the project approval in the Resolution approving the planning entitlements (Exhibit 2). The Mitigated Negative Declaration was published on August 23, 2016 and distributed to the Dominican/Black Canyon Neighborhood Association, the Gold Hill Grade Neighborhood Association, the project applicant, San Rafael Sanitation District, and Marin Municipal Water District. Copies were made available at the San Rafael Public Library and at the Planning Counter. Copies were distributed directly to the planning Commissioners as well. The closing date for the 20-day comment period on the Initial Study/Mitigated Negative Declaration is Monday September 12, 2016. Staff has received no comments on the document to date. CORRESPONDENCE A Notice of Hearing for the project (Exhibit 6) was mailed to both property owners and occupants within 300 feet of the project site 20 days prior to this Planning Commission meeting as required by noticing requirements contained in Chapter 29 of the Zoning Ordinance and the California Environmental Quality Act. REPORT TO PLANNING COMMISSION - Case No: ED16-016/TS16-001/LLA16-001/IS16-001 Page 11 In addition, a notice was sent out to the Dominican/Black Canyon Neighborhood Association. The site was also posted with a Notice of Public Hearing. No comments were received from the Neighborhood Associations. Staff received one comment from a resident (see Exhibit 7) who expressed concern about the potential impact to the open space area from proposed future single family home on Lot 3. Staff responded and informed the resident that any future development on Lot 3 would be subject to Design Review Board review. CONCLUSION The proposed project has been reviewed by staff and also been subject to review pursuant to the California Environmental Quality Act (CEQA). The Staff supports the proposed project as designed, and recommends that the Planning Commission adopt the attached resolutions approving the project. OPTIONS The Planning Commission has the following options: 1. Approve the applications as presented and adopt the Draft Resolutions (staff recommendation); 2. Approve the applications with certain modifications, changes or additional conditions of approval; 3. Continue the applications to allow the applicant to address any Commission’s comments or concerns; or 4. Deny the project and direct staff to return with revised Resolution for denial EXHIBITS 1. Draft Resolution adopting a Mitigated Negative Declaration and approving a Mitigation Monitoring and Reporting Program 2. Draft Resolution conditionally approving an Environmental and Design Review Permit, Tentative Map and Lot Line Adjustment. 3. Vicinity Map 4. Schematic Sketch - Proposed home on Lot 3 5. WUI tree removal map 6. Notice of hearing 7. Public Correspondence Project Plans (11” x 17”), distributed to the Planning Commission only, CEQA document (previously distributed to Planning Commission via separate cover memo at start of notice period) REPORT TO PLANNING COMMISSION - Case No: ED16-016/TS16-001/LLA16-001/IS16-001 Page 12 . Exhibit 1 Draft Neg Dec Reso 1 RESOLUTION NO. RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR A TENTATIVE MAP (TS16-001), AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED16-016), AND LOT LINE ADJUSTMENT (LLA16-001) IN ORDER TO SUBDIVIDE THE EXISTING 3.19 ACRE PARCEL LOT (WITH TWO EXISTING SINGLE FAMILY HOMES) INTO 3 SEPARATE PARCELS, AND CONSTRUCT A CONSTRUCT A NEW SINGLE FAMILY HOME ON THE NEW PARCEL 3 (APNs: 015-091-03 and 015-091-04) WHEREAS, on February 4, 2016, Ray Cassidy filed applications for a Tentative Map (TS16-016), Environmental and Design Review Permit (ED16-001), Lot Line Adjustment (LLA16-001) and an Initial Study (IS16-001) with the Community Development Department, and WHEREAS, on March 30, 2016, the applications were deemed complete for processing; and WHEREAS, consistent with the requirements of Section 15302 of the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration was prepared to determine potential environmental impacts of the project; and WHEREAS, the Initial Study is supported by numerous technical studies and reports, including, a biological assessment, a geotechnical investigation, and a hydrology report. As a result, potentially significant impacts on Biological Resources, Cultural Resources, and Geology and Soils were identified. The project impacts would be mitigated to less-than-significant levels through implementation of recommended mitigation measures or through compliance with recommended conditions of project approval; and WHEREAS, in preparing the Initial Study, consistent with Public Resources Code Sections 21080.3 and 20180.3.2 (AB52), an offer of tribal consultation was made to the local Native American Tribe (Federated Indians of Graton Rancheria). No comments were received by staff within the required 30-day response period. According to both the City of San Rafael’s adopted Archaeological Sensitivity Map and “PastFinder”, a citywide database of parcel -specific archaeological sensitivity reports for development proposals that involve excavation or grading, the project site has a sensitivity rating of “low”. An archaeological evaluation of the parcel has produced no indications of an archaeological site within the parcel, and no further archaeological evaluation was recommended. Standard mitigation measures to protect potential cultural resources were incorporated in the Mitigated Negative Declaration as part of the Mitigation and Monitoring Reporting Program (Mitigation Measure CULT-1); and WHEREAS, as demonstrated in the preparation of the Initial Study, the proposed project would result in a number of significant environmental impacts for which mitigation measures are recommended to reduce these potential impacts to a less-than-significant level. Therefore, consistent with CEQA Guidelines Section 15070, the Initial Study supports and recommends the adoption of a Mitigated Negative Declaration; and WHEREAS, CEQA Guidelines Section 15097 requires that a Mitigation Monitoring and Reporting Program (MMRP) be prepared to identify how the mitigation measures recommended in the Initial Study will be implemented if the project is approved. The MMRP must identify how the mitigation measures are met/implemented, the entity responsible for Exhibit 1 Draft Neg Dec Reso 2 carrying out the mitigation and the timing for completion of the mitigation. The MMRP must be prepared and approved prior to or concurrent with action on the project applications. An MMRP has been prepared addressing these requirements and is presented herein in attached Exhibit A to this resolution; and WHEREAS, pursuant to CEQA Guidelines Section 15073, on August 23, 2016, the City published a Notice of Intent to adopt a Mitigated Negative Declaration. The Initial Study/Mitigated Negative Declaration was made available for a 20-day public review period, closing on September 12, 2016. A notice of document availability and the Planning Commission hearing date was mailed to property owners and residents/occupants within 300 feet of the project site. No comments on the CEQA document have been received to date. Any comments received would be placed in the planning project file with the Community Development Department; and WHEREAS, on September 13, 2016, the Planning Commission held a duly noticed public hearing to review and consider the Initial Study/Mitigated Negative Declaration for the 51 Gold Hill Grade Hillside Subdivision and the accompanying Mitigation Monitoring and Reporting Program (MMRP). The Planning Commission considered all oral and written public testimony and the written report of the Community Development Department; 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 Planning Commission adopts the City of San Rafael 51 Gold Hill Grade Hillside Subdivision Initial Study/Mitigated Negative Declaration, dated August 23, 2016 based on the following findings: 1. The Initial Study/Mitigated Negative Declaration has been prepared in accordance with CEQA, the CEQA Guidelines, and the provisions of the City of San Rafael Environmental Assessment Procedures Manual. Further, in preparing the Initial Study/Mitigated Negative Declaration, the City followed the steps and procedures required by Public Resources Code Sections 21080.3 and 21080.3.2 (AB 52) by offering and completing tribal consultation with the local Native American Tribe (Federated Indians of Graton Rancheria). No comments were received. According to both the City of San Rafael’s adopted Archaeological Sensitivity Map and “PastFinder”, a citywide database of parcel-specific archaeological sensitivity reports for development proposals that involve excavation or grading, the project site has a sensitivity rating of “low”. An archaeological evaluation of the parcel has produced no indications of an archaeological site within the parcel, and no further archaeological evaluation was recommended. However, standard mitigation measures have been incorporated into the Mitigated Negative Declaration to protect any potential impacts on cultural resources. 2. As prescribed by CEQA Guidelines Section 15073, a public review period of a minimum of 20 days was observed for public comment (commencing on August 23, 2016 and closing on September 12, 2016). No comments have been received as of preparation of this Resolution. Any comments received prior to the Planning Commission meeting would be presented to the Planning Commission on the day of the hearing. 3. The Mitigated Negative Declaration has been presented to the Planning Commission who has reviewed and considered the information in the Initial Study, which includes technical studies and assessments supporting the findings and conclusions for adopting a Mitigated Negative Declaration. Further, the Planning Commission finds that the studies Exhibit 1 Draft Neg Dec Reso 3 and assessments prepared for the Initial Study are adequate and complete to support the adoption of a Mitigated Negative Declaration. 4. The Planning Commission has exercised its independent judgment in evaluating the Initial Study and has considered the comments received during the public review period and public hearing. Based on this review, the Planning Commission has determined that the project will: a) result in potentially significant impacts related to biological resources, cultural resources, and geology and soils, for which mitigation measures are required; and b) result in either no environmental impacts or impacts that are deemed to be less -than- significant in other topic areas listed in the Initial Study Checklist. BE IT FURTHER RESOLVED that the Planning Commission approves the Mitigation Monitoring and Reporting Program (MMRP), attached herein as Exhibit A: 1. The MMPR has been prepared consistent with the requirements of CEQA Guidelines Section 15097 in that it: a) incorporates all mitigation measures recommended in the Mitigated Negative Declaration; and b) includes the appropriate steps and requirements to ensure that these mitigation measures are implemented and t hat impacts are reduced to levels of less-than-significant. 2. The MMRP meets the requirements of Public Resources Code Sections 21080.3 and 21080.3.2 (AB 52) in that it acknowledges completion of required consultation with the local Native American Tribe. Though no comments were received, the Mitigated Negative Declaration includes Mitigation Measure CULT-1 to ensure that the potential for encountering cultural resources are addressed during construction. The foregoing resolution was at the regular City of San Rafael Planning Commission meeting held on the 13th day of September 2016. Moved by ________________and seconded by _________________ AYES: NOES: ABSENT: ABSTAIN: ATTEST: _______________________________ ______________________________ Paul A. Jensen, Secretary Mark Lubamersky, Chairman 1 RESOLUTION NO. 16___ RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION APPROVING A TENTATIVE MAP (TS16-001) TO ALLOW THE SUBDIVISION OF THE EXISTING 3.19 ACRE PARCEL AT 51 GOLD HILL GRADE (CURRENTLY DEVELOPED WITH TWO EXISTING SINGLE FAMILY HOMES) INTO THREE PARCELS, AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED16-016) FOR THE PROPOSED HILLSIDE DEVELOPMENT OF ONE NEW SINGLE FAMILY HOME ON THE NEWLY CREATED LOT 3, AND A LOT LINE ADJUSTMENT (LLA16-001) TO TRANSFER 1,200 SQ. FT. OF LAND FROM 51 GOLD HILL GRADE (APN #015-091-03) TO 31 GOLD HILL GRADE (APN #015-091-04) WHEREAS, on February 4, 2016, Ray Cassidy, applicant, submitted applications for a Tentative Map (TS16-001), Design Review Permit (ED16-016), and an Initial Study (IS16-001) in order to subdivide the existing 3.19 acres parcel at 51 Gold Hill Grade into 3 lots (with a new single family home proposed on the future Lot 3). In addition, the applicant submitted an application for a Lot Line Adjustment (LLA16-001), to transfer of 1,200 sq. ft. of land from the existing parcel (APN #015-091-03) to the adjacent parcel at 31 Gold Hill Grade (APN #015-091- 04). The property is zoned R1a-H (Single Family Residential, Hillside Overlay District); and WHEREAS, on March 30, 2016, the applications were deemed complete for processing; and WHEREAS, on April 19, 2016, the City of San Rafael Design Review Board (Commissioner Robertson as Liaison) reviewed the project and generally supported most elements of the project and on a unanimous vote (6-0), recommended approval of the project with the following conditions: 1) the proposed carport design for the existing homes be replaced with garages; 2) submit a preliminary landscape plan as part of the proposed driveway widening details; 3) submit landscaping details as part of the proposed development of Lot 3; and 4) provide information about tree removal done on site; and WHEREAS, the proposed Tentative Map, Environmental and Design Review application and Lot Line Adjustment were reviewed by the City’s Building Division/Fire Prevention Bureau, Department of Public Works, the Marin Municipal Water District, and the San Rafael Sanitation District and were recommended for conditional approval; and WHEREAS, by adoption of a separate Resolution, the Planning Commission has adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) prepared for the project; and WHEREAS, on September 13, 2016, the San Rafael Planning Commission held a duly noticed public hearing on the proposed Tentative Map, Environmental and Design Review Permit, and Lot Line Adjustment, accepting all oral and written public testimony and the written report of the Community Development Department staff and closed said hearing on that date; and 2 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 Planning Commission of the City of San Rafael hereby approves the Tentative map (TS16-001), Environmental Design Review Permit (ED16-016), and Lot Line Adjustment (LLA16-001) for the proposed project, based on the following findings and conditions of approval: Tentative Map Findings (TS16-001) 1. The proposed Tentative Map would be consistent with the San Rafael General Plan 2020 based on the following: a) Land Use Policy LU-8 (Density): The proposed project is consistent with the maximum density allowed in the Hillside Residential Land Use Category (0.5-2units/acre). b) Land Use Policy LU-12 (Building Height): The existing homes and proposed new home on Lot 3 are consistent with the 30’ height limit. c) Land Use Policy LU-23: (Hillside Residential Land Use Designation): The proposed 3- lot subdivision would not change the existing use on the project site, which is single family residential development. The proposed new home on Lot 3 would be in keeping with the surrounding residential uses. d) Housing Policy H-2: (Neighborhood Improvement): The addition of one single family home to the new Lot 3 would add to the housing stock in San Rafael, and provide an appropriate use for the currently vacant portion of the parcel, and the conceptual design presents a home that is compatible with existing development, and would be screened from the adjacent open space trail. e) Housing Policy H-3: (Designs that fit into Neighborhoods): The proposed new single family home will be subject to Hillside Development Guidelines, and the applicant has presented a conceptual home design showing that a new home can be constructed on the newly created Lot 3 and meet the required development standards for setback, lot coverage, natural state and building height. f) Neighborhood Element NH-95: (Barbier Park/Gold Hill Grade): The proposed project would not impact access to the open space trail. The project proposes an access easement at southeast corner of the property to improve access to the trail for maintenance. g) Community Design CD-3 (Neighborhoods): The proposed 3-lot subdivision is proposing one new home, which would be reviewed for compliance with Chapter 25 Design Guidelines and also be subject to Hillside Design Guidelines, which seeks to preserve the 3 natural environment as part of the development. The existing homes would remain the same. h) Community Design Policy CD-18 (Landscaping): The applicant has not proposed any tree removal on site, although the site was recently cleared of dead trees and brush per the San Rafael Fire Department’s Wildland Urban Interface (WUI) Guidelines. A 3:1 tree replacement ratio is required for removal of “significant trees” per Hillside Guidelines. A preliminary landscape plan would be requires as part of the future development on Lot 3. i) Open Space Policy OS-4 (Access to Open Space): The project is adjacent to the Barbier Park/Gold Hill Grade Fire Road trail. The proposed project would not impact existing access to the trail, which runs along the eastern edge of the project site. The existing Gold Hill Grade fire road crosses the southeast portion of the project site, and the project proposes to grant a maintenance access easement across this portion of the property. j) Conservation Policy CON-6 (Drainageway Setbacks): The proposed conceptual design for Lot 3 (including the driveway extension) meets the required setbacks for drainageways and creek on the property. No changes are proposed for the existing homes k) Sustainability Policy SU-5 (Reduce Use of Non-renewable Resources): The City of San Rafael Zoning Ordinance identifies the project site as single family residential, and the three lot subdivision complies with the minimum lot size requirement and hillside subdivision ordinance regulations for slope. The proposed Project would not directly result in any significant population growth. Consequently, the proposed Project would not exceed the level of population or housing foreseen in City or regional planning efforts and it would not have the potential to substantially affect housing, employment, and population projections within the region, which is the basis of the 2010 Bay Area Clean Air Plan projections. In 2011, the City of San Rafael adopted a new Sustainability Element for General Plan 2020 that supports its Climate Change Action Plan (CCAP). The CCAP includes goals to achieve Greenhouse Gas (GHG) level reduction by 2025 and 2050 that exceed the State’s goals under AB 32. Because the proposed development project would be consistent with the General Plan land use designation, no analysis of GHG emissions is required under the provisions of the CCAP, provided that the project is consistent with the City’s “Greenhouse Gas Reduction Strategy Compliance Checklist”, which lists all the individual City Ordinances that help implement the City’s Sustainability Element goals. In June 2016, the applicant submitted responses to the Checklist that indicate the project would comply with all the Checklist required elements that are applicable to the project (e.g., Green Building Ordinance, Water Efficient Landscape Ordinance, Wood-Burning Appliance Ordinance, Construction and Demolition Debris Recycling Ordinance). 2. The design and improvement of the proposed subdivision would be consistent with the General Plan and Zoning Ordinance in that: a) the project would be consistent with the policies of the San Rafael General Plan 2020 as identified above in Finding #1; and b) the subdivision would create three parcels that would meet the minimum lot area and spatial 4 standards pursuant to the Hillside Subdivision development standards and the R1a-H Zoning Ordinance development regulations. Furthermore, the proposed subdivision would subdivide a lot with two existing single family residential structures that have existed on one lot for many years, and bring the lot into compliance with R1a-H standards with one home on each of the three lots. The subdivision would not result in any new privacy or health and safety concerns on adjacent properties based on the location of the existing structures. The proposed new development on Lot 3 would be subject to additional Design Review at the time of development. 3. The project site at 51 Gold Hill Grade is physically suitable for the proposed type and intensity of development based on the fact that: a) the existing lot is 3.19 acres and larger than the minimum I acre required for the R1a zoning district; b) the subject property is located in a neighborhood with similar residential densities and intensity of development; c) there are adequate services and utility systems to serve the existing two residential units, and a new sewer connection and new water line would be required for the newly created parcel; and d) the project would provide covered parking (carports) for the existing homes, complying with current Chapter 18 parking regulations. 4. The 3.19 acre property proposed for subdivision is physically suitable for the density of development that is proposed in that: a) each lot would accommodate one single family dwelling; b) the proposed density (1 dwelling unit per lot) is within the permitted density range of 0.25-2 units/acre allowed under the General Plan for the Hillside Residential Land Use classification; and c) the proposed lots would be similar in density to those in the surrounding area. 5. The design of the subdivision and proposed improvements have been reviewed and an Initial Study/Mitigated Negative Declaration prepared, consistent with requirements under the California Environmental Quality Act (CEQA). The Initial Study analysis concluded that the project’s potential impacts to Biological Resources, Cultural Resources and Geology and Soils could be mitigated to a less-than-significant level through implementation of recommended mitigation measures or through compliance with existing Municipal Code requirements or City standards. 6. The design of the subdivision and the type of proposed improvements is not likely to cause serious health problems in that: a) the proposal to subdivide the property would comply with the City’s General Plan as identified in Finding #1 above; b) the proposed subdivision would not change the existing structures on the lot and is proposing to add only one single family home one Lot 3 and new carports on Lot 1 and Lot 2; c) the design of the lot would comply with the spatial standards required by the Subdivision Ordinance; d) the density of the proposed subdivision would be within the allowable density for the Hillside Residential General Plan Land Use designation; e) with utility extensions to Lot 3, there will be adequate services for site development; and f) the proposed subdivision has been reviewed by all appropriate departments and conditioned accordingly to avoid any detrimental effects. 5 7. As proposed and conditioned, the subdivision would not conflict with any existing or required easements in that an existing improved private driveway exists that would provide adequate and safe access through the site and utility connections would be provided in this private roadway, and extended to the newly created Lot 3. Environmental and Design Review Permit Findings (ED16-016) 1) The proposed project to subdivide the existing 3.19 acre parcel into 3 lots, with existing single family homes and proposed new 2-car carports and 2 guest spaces on the newly created Lot 1 and Lot 2, a new single family home with 2-car garage and 2 guest spaces proposed for Lot 3, and widening and extension to the existing private driveway access is in accord with the General Plan, the objectives of the Zoning Ordinance and the purposes of this Chapter given that: a. As discussed on Pages 5-6 of the September 13, 2016 Planning Commission staff report, the proposed project (as conditioned) is consistent with general Plan Policies Land Use Policy LU-8 (Density), Policy LU-12 (Building Height), Policy LU-23 (Hillside Residential Land Use Designation), Policy H-2 (Neighborhood Improvement), Policy H-3 (Designs that fit into Neighborhoods), Policy NH-95 (Barbier Park/Gold Hill Grade), Policy CD-3 (Neighborhoods), Policy CD-18 (Landscaping), Policy OS-4 (Access to Open Space), Policy CON-6 (Drainageway Setbacks), and Policy SU-5 (Reduce Use of Non-renewable Resources; and b. As discussed on Pages 7-8 of the September 13, 2016 Planning Commission staff report, the proposed project (as conditioned) conforms to the objectives of the Zoning Ordinance Chapter 14.04 (Base District Regulations), Chapter14.12 (Hillside Overlay District), Chapter 16 (Creek Setback), Chapter 18 (Parking), and Chapter 25 (Environmental Design Review Permits). The proposed conceptual design for the home on Lot 3 complies with development standards for the HR1a-H Zoning District and the Hillside development standards, and has been recommended for approval by the Design Review Board, with conditions. The proposed carports for Lot 1 and Lot 2 will be subject to Administrative Design Review at the time of construction. 2) The project design, as conditioned, is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the Single Family Residential, Hillside Overlay Zoning District (R1a-H) in which the site is located given that: a. No changes are proposed to the existing two single family homes on the project site. The proposed carports would bring the site into compliance with current parking standards of 2 covered spaces and 2 guest spaces. The conceptual design for the proposed new home on Lot 3 complies with development standards and would be required to submit a formal design review application at the time of development, as discussed on Page 8 of the . Planning Commission staff report dated September 13, 2016; and 3) The project design minimizes adverse environmental impacts given that: 6 a. The existing homes would not be expanded as part of the 3-lot subdivision; and b. The proposed conceptual design for the new home on Lot 3 complies with all applicable development standards and would be subject to additional design review; and c. The project was reviewed by applicable City departments and no adverse environmental impacts were identified; and d. The proposed project would be constructed in compliance with all applicable local, State and Federal building codes; and e. An Initial Study/Mitigated Negative Declaration was prepared and concluded that with mitigation measures as detailed in the Mitigation Monitoring and reporting program (MMRP), the project’s impact would be less-than-significant. 4) That the project will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that: a. The conceptual design for Lot 3 shows a home plan that can be built and that complies with R1a-H Zoning and Hillside regulation requirements. The proposed new carports would be subject to Administrative Design review at staff level prior to construction; and b. The site improvements to the driveway will upgrade the existing driveway access to a proper Fire Department access, including a fire truck turnaround on Lot 3. In addition, bio-retention areas would be incorporated into the project design that will improve drainage on the site. The site has also been cleared of trees and shrubs to comply with Wildland Urban Interface (WUI) regulations, thereby reducing fire risks in the area. c. Staff received only one comment letter expressing concerns about the project’s impact on the adjacent Open Space trail. Staff determined that the proposed new home would be of a similar scale to existing residents in the area, and the project is not proposing to remove any existing screening along the property perimeter. As such, the addition of a new home is not expected to impact the adjacent trail. Lot Line Adjustment Findings (LLA16-001) 1. The proposed Lot Line Adjustment (LLA) would be consistent with the General Plan 2020 given that the propose use of the project site would remain residential and the proposed LLA would bring the site more into compliance by reducing the overall slope of the parcel, and allowing the creating 3 lots with 3 separate residential buildings, as opposed to the existing site, which has 2 residences on one lot. 2. The proposed Lot Line Adjustment would be in conformance with the Zoning Ordinance given that the transfer of 1,200 sq. ft. of land from 51 Gold Hill Grade (APN #015-091-03) to the adjacent parcel at 31 Gold Hill Grade (APN #015-091-04) would not impact the ability of the proposed new Lot 1 to meet the Chapter 15 Subdivision requirements. Furthermore, the LLA is located at the rear of the lot at 51 Gold Hill Grade, and the additional 1,200 sq. ft. 7 added to the adjacent parcel at 31 Gold Hill Grade would not impact the recent design review approval conditions for the new home on the site at 31 Gold Hill Grade. 3. The proposed Lot Line Adjustment has been reviewed by the City’s Building Division, the San Rafael Sanitation District and the Public Works Department, and conditions of approval have been required to ensure that the proposal conforms to all regulations. 4. The Lot Line Adjustment application itself is technically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations). However, the larger project was required to undergo CEQA review and based on the analysis in the Initial Study/Mitigated Negative Declaration, the proposed Lot Line Adjustment has been determined to have a less-than- significant impact. Tentative Map (TS16-001) Conditions of Approval Community Development Department - Planning Division 1. This Tentative Map approval grants the subdivision of a 3.19 acre parcel with two existing residences into three Parcels as illustrated on the Lot Line Adjustment and Tentative Parcel Map – prepared by Oberkamper and Associates, Civil Engineers, Inc. This approval shall be valid for a period of two (2) years from the date of approval, or until September 13, 2018, unless a Parcel Map has been recorded or a time extension is requested. 2. Any outstanding Planning Division application processing fees shall be paid prior to recording of the Parcel Map. 3. Within 5 day of the Planning Commission approval, the applicant shall submit a check in the amount of $2,210.25 made payable to the County of Marin, for recordation of the Notice of Determination (NOD) with the County recorder’s office. The fee is required by the State of California Department of Fish and Wildlife prior to recordation of the CEQA determination. 4. Prior to recordation of the Final Map, or as allowed through subdivision improvement bonding, the existing driveway shall be widened to 20 feet in width, extended to serve Lot 3, and include a Fire Department approved turnaround on Lot 3. These improvements shall be as shown on the approved plans, or as modified by conditions required as part of the Tentative Map review process. 5. The applicant shall be required to disclose the required future access driveway widening and extension to the prospective new buyers of Lot 1, Lot 2 and Lot 3. 6. Prior to installation of the road widening and extension, the application shall obtain all required grading and building permits and/ or improvement plans. 8 7. Prior to issuance of building permits or prior to the recordation of a Final Map, whichever occurs first, the developer shall pay to the City an in lieu Parkland Dedication fees for 3 new lots in accordance with the provisions of City Council Ordinance No. 1558. Parkland Dedication in lieu fees are, at this time, based on 1989 dollars. 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. The fees for 3 lots shall be $5,903.93. 8. Prior to the recordation of the Parcel Map, the applicant shall construct two new carports- one on Lot #1 and one on Lot #2 to satisfy the parking requirements for each new separate lot. The carports shall be designed to accommodate two covered parking spaces. Each lot shall also provide an area for two uncovered guest parking spaces. 9. Prior to the construction of the new structure, the applicant shall apply for and receive approval of a staff level design review permit and subsequently apply for and obtain a building permit for the construction of each carport. The building permits for the carports shall be finaled before recordation of the map. 10. Any future development on Lot 3 shall be subject to obtaining an Environmental and Design Review Permit through the Zoning Administrator with review and recommendation by the Design Review Board. 11. 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 called Lot Line Adjustment and Tentative Parcel Map – prepared by Oberkamper and Associates, Civil Engineers, Inc, except as conditioned herein. 12. These 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. 13. 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. 14. 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 transmitted to the Planning Division and Building and Fire Division for review prior to being scheduled for action by the City Council (no public hearing is required). 15. 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: 9 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. Department of Public Works – Land Development Division Prior to approval of the tentative map: 16. Grading and Drainage a) The proposed setback from the top of bank is less that the recommended 25 feet. Driveway improvements this close to the creek shall require additional review. Provide a biological assessment to show that the area may be altered with improvements. Conduct a soil stability investigation and calculations to show the ability to construct a driveway in close proximity to the creek with the steep banks. b) Investigate the condition of the full length of the drainage course from above the fire road to below the culvert under the existing driveway. Provide consideration for stream bank restoration and drainage system improvements. Stabilization of the fire road at the drainage crossing shall also be reviewed. c) Provide a revised statement on the drainage characteristics that indicates how the additional runoff from the site will be retained, detained, or infiltrated in order to maintain the existing conditions. d) Provide curb, and gutter to catch and treat driveway runoff prior to draining to the creek. Show the details on the site plans. 17. Access a) The existing fire road is shown within the property boundary. Provide an easement for the existing fire road or propose realignment of the fire road during site improvements for continued fire road access. 10 b) The driveway width appears to be less than 20’ in some areas. The 20’ width is generally required for fire access. Driveway width shall be confirmed by the Fire Prevention Bureau. 18. Subdivision a) Provide an engineer’s estimate for the improvements proposed for the site. A subdivision improvement agreement may be required for this work which shall be addressed at the time of Map approval. b) Submit details on proposed landscaping. Landscaping will need to be installed in such a way to preserve adequate sight distance from driveways. Landscaping in the vicinity of the wetlands and watercourse should be done in a manner to prevent creek bank erosion. c) Provide a maintenance agreement for the length of the drainage course along the property line and within the road Right-of-Way of Gold Hill Grade, as the watercourse lies mainly within the property but meanders into and has banks within the Right-of-Way. d) The northwestern drainageway follows the proposed lot line between Lot 1 and Lot 2 for approximately 40’. This may cause confusion as to the maintenance of the drainage way. We recommend adjusting the lot line or including this with the maintenance agreement of the drainage course along Gold Hill Grade. Prior to recordation of a Final Map: 19. General- Provide the plat and legal description, including closure calculations for review by the City Surveyor. 20. Grading and Drainage a) A detailed grading plan showing the proposed grading for the site shall be required. A Grading Permit shall be obtained from the City of San Rafael, Department of Public Works, 111 Morphew Street. b) Provide a detailed erosion control plan for this site to be submitted with the grading plan. Include and make part of the project plans, the sheet "Pollution Prevention - It's Part of the Plan". 21. Driveway and Parking a) Show the dimensions of the guest parking spaces and show turning movements of the vehicles on the plan to exit the property. b) Uphill sight distance for vehicles exiting Lots 1 and 2 may be limited based on preliminary grading and landscaping. Include a sight analysis to show that adequate sight is provided. c) An Encroachment Permit must be obtained for work within the right-of-way from the City of San Rafael, Department of Public Works, 111 Morphew Street. 11 Lot Line Adjustment Conditions of Approval (LLA16-001) Department of Public Works – Land Development Division 1. It is unclear if the Lot Line Adjustment will be separate from the Subdivision or if they will be recorded on one map. Prior to approval of a final map provide the plats, legal descriptions and closure calculations for review by the City Surveyor. 2. Revise the easement at the northeast corner to include both access and maintenance. Include the language for the easement for review prior to approval of a final map. 3. Previous submittals showed an existing structure (shed) within the previous setback. If the shed exists, please show it on the plan. If the shed is to remain provide information on how it will be accessed, or if the shed is to be removed, please indicate this on the plan. 4. Include a maintenance agreement for the mutual driveway. We recommend that this include the privately maintained mutual utilities. 5. As per Municipal Code Section 14.12.030, streets and driveways with slopes over fifteen percent (15%) shall be a permanent, durable, non-asphalt hardscape surface. Environmental and Design Review Permit Conditions of Approval (ED16-016) Community Development - Planning Division 1. This Environmental and Design Review Permit (ED16-016) approval is for the proposed hillside subdivision design consisting of the conceptual house design, access and retaining walls as indicated on approved plans submitted for project by Oberkamper and Associates, except as modified by all conditions of approval. The Design Review Permit approves the demonstration that a new home can be feasibility built on the new lot. 2. A separate Environmental and Design Review Permit (Zoning Administrator level with Design Review Board Review and Recommendation) is required for the new residential structure and any accessory structures on Lot 3 and is subject to compliance with the approved Tentative Map (TS16-001), Master Design Review Permit (ED16-016) and the R1a-H zoning standards. 3. 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. 4. The applicant shall be responsible for the payment of the required Traffic Mitigation Fees related to the development of Lot 3. The fee will be imposed as a condition of approval of the Environmental and Design Review Permit approval for the new residence and shall be required to be paid prior to issuance of a building permit for the new residential structure on 12 Lot 3. This condition shall inform the applicant that the Traffic Mitigation Fee is based on the number of dwelling units approved for the site, including the size of the new residence. The total traffic mitigation fee will be the total number of AM and PM peak hour trips generated by the proposed development on the site times the traffic mitigation fee in effect at the time of payment (Currently, the fee is $4,246 in March 2012). For the new single family home on Lot 3, 2 am and 2 pm trips (total 4 trips) will be required at the time of building permit issuance in the amount of (4 x 4,246) = $16,984 for the proposed home on Lot 3. 5. This Design Review Permit (ED16-016) shall be valid for two years from approval or until September 13, 2018, and shall be null and void if a building permit is not issued or a time extension granted prior to the expiration date. 6. The City’s Building Department reviewed the conceptual plans for the new home on Lot 3 and had no comments at this time. The applicant shall comply with all applicable requirements of the City of San Rafael Building Department and Fire Prevention Division. A separate building permit application is required for the proposed project construction. The Fire Division shall determine if sprinklers are required as part of the building permit application review. 7. Construction hours and activity (including any and all deliveries) are limited to the applicable requirements set forth in Chapter 8.13 of the San Rafael Municipal Code. 8. 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. 9. 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. 10. No building permit shall be issued (except for the required carport construction on Lot 1 and Lot 2, per TS16-001 Condition of Approval #7) 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). 11. The applicant shall be required to disclose the required future access driveway widening and extension to the prospective new buyers of Lot 1, Lot 2 and Lot 3. 12. The applicant shall apply for a new site addresses for the site from the Community Development Department - Building Division. The new addresses shall be sequential and logical, following the existing street numbering pattern. The tentative address for the new single family structure shall be determined by the Chief Building Official. 13. 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. 13 14. Each building must have address identification placed in a position that is plainly legible and visible from the street or road fronting the property. Numbers painted on the curb do not satisfy this requirement. If new construction and substantial remodel, the address must be internally or externally illuminated at all hours of darkness. Numbers must be a minimum 4 inches with ½ inch stroke for residential occupancies. The address must be contrasting in color to their background. 15. The applicant shall pay all applicable school impact fees prior to issuance of building. Contact San Rafael City Schools for calculation and payment of fees. 16. Building permits shall be obtained for onsite improvements for the private road, including retaining walls, street lights, and private sewer systems. 17. Cultural Resources (Per Mitigation Monitoring Program CULT-1): a) If, during grading or construction activities, any archaeological artifacts or human remains are encountered, the following measures shall be implemented: Construction shall cease immediately within 150 feet of the find until it can be evaluated by a qualified archaeologist, the Federated Indians of the Graton Rancheria, and Planning staff. Planning staff and the qualified archaeologist shall promptly visit the site. The qualified archaeologist shall conduct independent evaluation of the “find” to determine the extent and significance of the resource, and to develop a course of action to be adopted that is acceptable to all concerned parties. If mitigation is required, the first priority shall be avoidance and preservation of the resource. If avoidance is not feasible, an alternative archaeological management plan shall be prepared that may include excavation. If human remains are unearthed, the Marin County Medical Examiner’s office also shall be notified. All archaeological excavation and monitoring activities shall be conducted in accordance with prevailing professional standards, as outlined in Appendix K of the State CEQA Guidelines and by the California Office of Historic Preservation. The Native American community shall be consulted on all aspects of the mitigation program. 18. Biological Resources (Per Mitigation Monitoring Program BIO-1 and BIO-2): a) In order to avoid potential impacts on the Pallid Bats, any out buildings within Lot 3 should be demolished between September 1 and October 15, which is outside bat maternity roosting season. b) Breeding Season: March 1 through August 1. If ground disturbance or removal of vegetation occurs between March 1 and July 31, pre-construction surveys will be performed by a qualified biologist no more than 14 days prior to commencement of such activities to determine the presence and location of nesting bird species. If active nests are present, establishment of temporary protection breeding season buffers will avoid direct mortality of these birds, nests or young. The appropriate buffer distance is dependent on the species, surrounding vegetation, and topography and should be determined by a qualified biologist as appropriate to prevent nest abandonment and direct mortality during construction. 14 c) Non-Breeding Season: August 1 through February 28: Ground disturbance and removal of vegetation within the Study Area does not require pre-construction surveys if performed between August 1 and February 28. 19. Geology and Soils (Per Mitigation Monitoring Program GEO-1 and GEO-2): a) Prior to approval of the Project, the City shall incorporate the recommendations of the JCH Geotechnical Investigation into the Project to address seismic design, site preparation and grading, and foundation design. The geotechnical report recommended drilled reinforced concrete piers (connected with grade beams or at least 18-inches in diameter, extending at least 15 feet deep and 8 feet into bedrock, whichever is greater. b) Prior to approval of the project, the City shall incorporate the recommendations of the Geotechnical Investigation into the Project to address seismic design, site preparation and grading, and foundation design. San Rafael Fire Prevention Bureau 20. The Fire Department reviewed and approved the project’s “Alternate Means and Methods” proposed for the new 4,500 square foot home on Lot 3, as described in a letter dated September 28, 2015, and including a Vegetation Management Plan Area as follows: a) Sprinkler the building attic area b) Use non-combustible siding such as stucco, Hardie Siding, Shingles, brick or other non- combustible product c) Use non-combustible roofing material such as metal, slate, tile or other non-combustible products. Eaves and roof joist overhang areas will likewise be clad with non-combustible material. d) Establish a vegetation management plan within the boundaries of the property, thereby providing all lands within the property boundaries as “Defensible Space” San Rafael Sanitation District 21. The proposed sewer lateral serving lot 3 encroaches on the 25 feet creek setback between Stations 0+50 and station 2+00 shown on sheet C5. Applicant shall show the proposed new sewer line on the cross section profiles and demonstrate that the proposed sewer line will have sufficient cover and that the proposed location of the pipe will not cause future erosion of the creek bank. Please provide also a sewer line longitudinal profile with information on the pipe type being proposed and slope for the District review. 22. The proposed sewer lateral serving lot 3 seems to be located right at the edge and/or under the proposed bio swale area. Applicant shall provide a cross section of the sewer at this location and demonstrate that proposed sewer line will have proper cover. 23. Proposed utility easements and maintenance agreements shall be submitted for the District review. 24. The proposed sewer facilities for Lot 3 shall adhere to the San Rafael Sanitation District Standard Specifications for Side Sewers and Laterals.  Cleanouts shall be spaced within ninety (90) feet or when changing direction. 15  The District does not approve new taps into an existing manhole. The connection to the sewer main shall be with a new “Y” either before or after the manhole.  Include the following note on sheet C3: “All side sewers shall be tested in accordance to the San Rafael Sanitation District Standards and in the presence of the District Inspector. The contractor shall notify the District inspector, Rolando Calvo, at (415) 485-3194, 48 hours prior to starting sewer work. ” 25. Please be advised, after the plans have been reviewed and approved, the District will require the payment of a new sewer connection fee of $8,980.18 prior to the issuance of the Building Permit. This sewer fee connection is effective from July 1, 2015 to June 30, 2016. The foregoing Resolution was adopted at the special meeting of the City of San Rafael Planning Commission held on the 13th day of September 2016. Moved by _________Commissioner _________ seconded by Commissioner __________ AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS SAN RAFAEL PLANNING COMMISSION ATTEST: ______________________ BY:_______________________ Paul Jensen, Secretary Mark Lubamersky, Chairman , 51 Gold Hill Grade Hillside Subdivision 51 Gold Hill Grade, San Rafael, CA Assessor’s Parcel Nos. 015-091-03 (51 Gold Hill Grade) 015-091-04 (31 Gold Hill Grade) Initial Study/Mitigated Negative Declaration Lead Agency: Community Development Department 1400 Fifth Avenue (P.O. Box 151560) San Rafael, CA 94915-1560 Contact: Caron Parker, Associate Planner August 23, 2016 Notice of Intent 2 51 Gold Hill Grade – Hillside Subdivision TABLE OF CONTENTS NOTICE OF INTENT TO ADOPT .................................................................................................................. 3 MITIGATION MONITORING AND REPORTING PROGRAM ............................................................... 5 ENVIRONMENTAL CHECKLIST ................................................................................................................. 8 EXHIBITS ......................................................................................................................................................... 11 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ................................................................ 13 DETERMINATION ......................................................................................................................................... 13 EVALUATION OF ENVIRONMENTAL IMPACTS .................................................................................. 14 I. AESTHETICS ....................................................................................................................... 14 II. AGRICULTURE AND FOREST RESOURCES .................................................................. 16 III. AIR QUALITY ...................................................................................................................... 18 IV. BIOLOGICAL RESOURCES ............................................................................................... 20 V. CULTURAL RESOURCES .................................................................................................. 23 VI. GEOLOGY AND SOILS ...................................................................................................... 25 VII. GREENHOUSE GAS EMMISSIONS .................................................................................. 28 VIII. HAZARDS AND HAZARDOUS MATERIALS .................................................................. 29 IX. HYDROLOGY AND WATER QUALITY ........................................................................... 32 X. LAND USE AND PLANNING ............................................................................................. 35 XI. MINERAL RESOURCES ..................................................................................................... 36 XII. NOISE ................................................................................................................................... 37 XIII. POPULATION AND HOUSING .......................................................................................... 38 XIV. PUBLIC SERVICES ............................................................................................................. 39 XV. RECREATION ...................................................................................................................... 41 XVI. TRANSPORTATION/TRAFFIC .......................................................................................... 42 XVII. UTILITIES AND SERVICE SYSTEMS ............................................................................... 44 XVIII. MANDATORY FINDINGS OF SIGNIFICANCE ............................................................... 46 SOURCE REFERENCES ................................................................................................................................ 48 PROJECT SPONSOR’S INCORPORATION OF MITIGATION MEASURES ...................................... 50 DETERMINATION FOR PROJECT ............................................................................................................ 50 REPORT AUTHORS AND CONSULTANTS ............................................................................................... 50 Notice of Intent 3 51 Gold Hill Grade – Hillside Subdivision NOTICE OF INTENT TO ADOPT DATE: August 23, 2016 TO: Public Agencies, Organizations and Interested Parties FROM: Caron Parker, Associate Planner SUBJECT: NOTICE OF PUBLIC REVIEW AND INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Pursuant to the State of California Public Resources Code and the “Gui delines for Implementation of the California Environmental Quality Act of 1970” as amended to date, this is to advise you that the Department of Community Development of the City of San Rafael has prepared an Initial Study on the following project: Project Name: Gold Hill Grade Subdivision Location: 51 Gold Hill Grade, San Rafael, Marin County, California, APN: 015-091-03. Property Description: The subject property is a gently up-sloping hillside with an average cross slope of 30.46%. The site is not in a designated ridgeline area. There are two (2) existing single-family homes and a small shed on the project site. The site is accessed by a private driveway off the Gold Hill Grade public right-of-way. Part of the driveway is paved with asphalt and the remainder is gravel. The existing access driveway terminates about 25’ from the second existing single-family home on the project site. To the south, the property is adjacent to a natural, open ephemeral channel creek (Sisters Creek), which parallels the road (Gold Hill Grade) flowing toward the west. Portions of the creek are located within the property line of the 51 Gold Hill Grade project site. There is one Oak tree and one Sycamore tree identified on the project site as well as several stands of Eucalyptus trees along the perimeter of the project site. Project Description: The project proposes to divide the existing 3.19 acres lot into 3 lots, each 1-acre or greater in size. Lot 1 and Lot 2 would each remain developed with the existing single-family homes on the project site. Conceptual plans for construction of a new 4,500 square foot single family is indicated for the new Lot 3. The applicant is only pursuing subdivision entitlement at this time, and does not propose to construct the single family home. Retaining walls are proposed along the south side of the new driveway extension (maximum height 4.5 feet), and at the end of a new fire-truck turn around that has been required for Lot 3 (ranging in height from 3.5 feet to 7 feet). Notice of Intent 4 51 Gold Hill Grade – Hillside Subdivision In addition, the project includes a concurrent Lot Line Adjustment (LLA) request to transfer a portion of the 3.19 acre parcel (APN 015-091-03) to the adjacent parcel at 31 Gold Hill Grade (APN 015-091-04). Specifically, 1,200 square feet of the northwestern corner of the subject parcel, would be transferred to the adjacent parcel at 31 Gold Hill Grade. This is being pursued in order to reduce the overall slope of the subject parcel (APN 015-091-03) from 30.46% slope to a 29.95% slope. This minor reduction in slope enables the project to meet the density and lot width requirement for a hillside subdivision, pursuant to San Rafael Municipal Code (SRMC) Title 15. Environmental Issues: The project is subject to environmental review and does not qualify for an exemption under the California Environmental Quality Act (CEQA) Section 15315 (Minor Land Divisions) because the average cross-slope of the project site is greater than 20% slope. The project’s potential impacts would be mitigated to a less-than- significant level through implementation of recommended mitigation measures or through compliance with existing Municipal Code requirements or City standards. Recommended measures are summarized in the attached Mitigation Monitoring and Reporting Plan (MMRP) and Initial Study/Mitigated Negative Declaration. The Initial Study/Mitigated Negative Declaration document has been prepared in consultation with local, and state responsible and trustee agencies and in accordance with Section 15063 of the Californi a Environmental Quality Act (CEQA). Furthermore, the Initial Study/Mitigated Negative Declaration will serve as the environmental compliance document required under CEQA for any subsequent phases of the project and for permits/approvals required by a responsible agency. A minimum required twenty-day (20-day) public review period shall commence on Tuesday, August 23, 2016. Written comments must be sent to the City of San Rafael, Community Development Department, Planning Division, 1400 Fifth Avenue, San Rafael CA 94901 by 5:00 PM on Monday, September 12, 2016. The City of San Rafael Planning Commission will hold a public hearing on the Initial Study/Mitigated Negative Declaration and project merits on Tuesday, September 13, 2016 at 7:00PM in the San Rafael City Council Chambers at City Hall (address listed above) and will accept oral comments on the Draft Initial Study/Mitigated Negative Declaration and project merits. Correspondence and comments can also be delivered to the Planning Division, Attn: Caron Parker, Project Planner, phone: (415) 485-3094, email: caron.parker@cityofsanrafael.org. Mitigation Monitoring and Reporting Program 5 51 Gold Hill Grade - Hillside Subdivision MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION MONITORING AND REPORTING PROGRAM 51 Gold Hill Grade, Minor Hillside Subdivision Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) IV. BIOLOGICAL RESOURCES Prior to issuance of building permits for construction or utility improvements, the City shall ensure that the Project complies with with the following condition of the Project in order to address impacts on Special- Status Wildlife Species and Breeding Birds: BIO-1: In order to to avoid potential impacts on Pallid Bats, any out buildings within Lot 3 shall be demolished between September 1 and October 15, which is outside bat maternity roosting season. BIO-2: Breeding Season: March 1 through August 1. If ground disturbance or removal of vegetation occurs between March 1 and July 31, pre-construction surveys shall be performed by a qualified biologist no more than 14 days prior to commencement of such activities to determine the presence and location of nesting bird species. If active nests are present, establishment of temporary protection breeding season buffers shall be installed, which will avoid direct mortality of these birds, nests or young. The appropriate buffer distance shall be established dependent on the species, surrounding vegetation, and topography, as determined by a qualified biologist as appropriate to prevent nest abandonment and direct mortality during construction. Non-Breeding Season: August 1 through February 28: Ground disturbance and removal of vegetation within the Study Area does not require pre-construction surveys if performed between August 1 through February 28. Require as condition of approval Planning Division Incorporate as condition of project approval Issue stop-work order / Halt demolition or construction activities Mitigation Monitoring and Reporting Program 6 51 Gold Hill Grade - Hillside Subdivision MITIGATION MONITORING AND REPORTING PROGRAM 51 Gold Hill Grade, Minor Hillside Subdivision Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) V. CULTURAL RESOURCES CULT-1: If, during grading or construction activities, any archaeological artifacts or human remains are encountered, the following measures shall be implemented:  Construction shall cease immediately within 150 feet of the find until it can be evaluated by a qualified archaeologist, the Federated Indians of the Graton Rancheria, and Planning staff. Planning staff and the qualified archaeologist shall promptly visit the site. The qualified archaeologist shall conduct independent evaluation of the “find” to determine the extent and significance of the resource, and to develop a course of action to be adopted that is acceptable to all concerned parties. If mitigation is required, the first priority shall be avoidance and preservation of the resource. If avoidance is not feasible, an alternative archaeological management plan shall be prepared that may include excavation. If human remains are unearthed, the Marin County Medical Examiner’s office also shall be notified. All archaeological excavation and monitoring activities shall be conducted in accordance with prevailing professional standards, as outlined in Appendix K of the State CEQA Guidelines and by the California Office of Historic Preservation. The Native American community shall be consulted on all aspects of the mitigation program. Require as a condition of approval Construction contractor to complete documentation prior to initiation of demolition activities Planning Division Building Division Incorporate as condition of project approval Building Division verifies appropriate approvals obtained prior to issuance of building permit Issue stop-work order / Halt demolition or construction activities Issue stop-work order / Halt demolition or construction activities Mitigation Monitoring and Reporting Program 7 51 Gold Hill Grade - Hillside Subdivision MITIGATION MONITORING AND REPORTING PROGRAM 51 Gold Hill Grade, Minor Hillside Subdivision Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) VI. GEOLOGY AND SOILS GEO-1: Prior to approval of the Project, the City shall incorporate the recommendations of the Geotechnical Investigation into the Project to address seismic design, site preparation and grading, and foundation design. The current proposal does not include construction of the new home on Lot 3. As such, the future property owner would have the option of submitting a new Geotechnical Report upon project submittal. Further, a updated geotechnical report is required after 5 years of the date of the current report. GEO-2: Prior to approval of the Project, the City shall incorporate the recommendations of the Geotechnical Investigation into the Project to address seismic design, site preparation and grading, and foundation design. Require as a condition of approval Construction contractor to include recommendations in project designs. Planning Division Building Division Incorporate as condition of project approval Review construction specifications and materials, and retain for administrative record. Deny issuance of building or grading permits Deny issuance of building or grading permits Environmental Checklist Form 8 51 Gold Hill Grade - Hillside Subdivision ENVIRONMENTAL CHECKLIST 1. Project Title 51 Gold Hill Grade Hillside Subdivision 2. Lead Agency Name & Address City of San Rafael Community Development Department Planning Division 1400 Fifth Avenue (P.O. Box 151560) San Rafael, California 94915-1560 3. Contact Person & Phone Number Caron Parker, Associate Planner Phone number: (415) 485-3094 Email: caron.parker@cityofsanrafael.org 4. Project Location The site is located in the City of San Rafael, Marin County, 51 Gold Hill Grade, Assessor’s Parcel Number 015-091-03 (Refer to Exhibit A, “Vicinity Map”). 5. Project Sponsor's Name & Address Project Sponsor Mr. Ray Cassidy P.O. Box 150173 San Rafael, CA 94915 Project Engineer Oberkamper & Associates Civil Engineers, Inc. 7200 Redwood Blvd, Suite 308 Novato, CA 94945 6. General Plan Designation Hillside Residential 7. Zoning HR1a –H (Single Family Residential, Hillside Overlay) 8. Description of Project Three-lot hillside Subdivision and Lot Line Adjustment Setting and Background The subject property is a gently up-sloping hillside with an average cross slope of 30.46%. The site is not in a designated ridgeline area. There are two (2) existing single-family homes and a small shed on the project site. The site is accessed by a private driveway off the Gold Hill Grade public right-of-way. Part of the driveway is paved with asphalt and the remainder gravel. The existing access driveway terminates about 25’ from the second existing single-family home on the project site. To the south, the property is adjacent to a natural, open ephemeral channel creek (Sisters Creek), which parallels the road (Gold Hill Grade) flowing toward the west. Portions of the creek are located within the property line of the 51 Gold Hill Grade project site. There is one Oak tree and one Sycamore tree identified on the project site as well as several stands of Eucalyptus trees along the perimeter of the project site. Environmental Checklist Form 9 51 Gold Hill Grade - Hillside Subdivision Project Description The project proposes a Lot Line Adjustment and three (3) lot subdivision of an existing 3.19 acre parcel. Each lot would be 1-acre or greater in size. Proposed Lot 1 and Lot 2 would each remain developed with existing single- family homes on the site. No changes to these existing homes are proposed, which consist of 1,200 sf and 2,350 sf homes. The existing homes do not have covered parking on site. The applicant is proposing to delineate an uncovered area on each lot for 2 guest spaces along with two additional uncovered parking spaces; which is in keeping with hillside residential parking requirements. Conceptual site and building plans showing a new 4,500 square foot single family home (with 2 car garage and 2 guest parking spaces) for Lot 3 has been provided. However, the project proposes subdivision only, and formal approval for construction of a residence is not proposed at this time. Retaining walls are proposed along the south side of the new driveway extension (proposed maximum height 4.5 feet), and at the end of a new fire-truck turnaround (ranging in height from 3.5 feet to 7 feet). The fire truck turn-around is required for the creation of the additional buildable Lot 3. Smaller retaining walls may be required for the proposed expanded guest parking areas on Lot 1 and Lot 2. The concurrent Lot Line Adjustment (LLA) is proposed at the northwestern corner of the subject parcel (APN 015-091-03), to transfer 1,200 square feet of property to the adjacent developed parcel at 31 Gold Hill Grade (015-091-04). The adjustment is being pursued in order to reduce the overall slope of the subject parcel (APN 015-091-03) from 30.46% slope to a 29.95% slope. This minor reduction in slope enables the project to meet the density and lot width requirement for a hillside subdivision, pursuant to San Rafael Municipal Code (SRMC) Title 15. Access, Circulation and Parking Vehicular access to the lots would be via the existing driveway used by the existing homes on the project site. The project proposes to widen the existing driveway to 20 feet in width and extend the driveway approximately 200 feet to provide access the proposed home on Lot 3. A fire truck turnaround would be created on Lot 3. An existing deck and a concrete pad area are proposed for demolition to accommodate the required 20 foot driveway. The project identifies development on Lot 3 with a two-car garage and 2 uncovered parking spaces, to address Hillside Overlay district standards. The subdivision would have no impact on access to the existing two homes. The southeastern portion of the property abuts the Gold Hill Grade Fire Road and barbier Park. The applicant has agreed to provide an access easement for the City of San Rafael to access the trail in this area. Access to the lots via the existing shared driveway is proposed to avoid crossing the creek that parallels the Gold Hill Grade roadway. The southeastern portion of the property abuts the Gold Hill Grade Fire Road. The applicant has agreed to provide an access easement to the City of San Rafael in this area (See Plan Sheet C3). Grading and Drainage The proposed project has provided a Preliminary Grading and Drainage Plan. The grading proposed is primarily associated with the driveway widening and parking areas for the existing and proposed homes. A total amount of 580 cu.yds of cut and 190 cu.yds of fill is proposed. A total of 390 cu.yds of off-haul is proposed. Also, a 260 square foot bio-retention area is proposed for the southwest portion of the newly created Lot 3. The storrmwater would then be discharged through a drainage outlet structure. All storm water on the driveway and the fire truck turnaround would be collected in the curb and gutter on the southern side of the driveway before being captured in a catch basin and directed to a bio-retention area at the western end of the creek. This second bio-retention area will outlet into the side of the existing roadway culvert on the Gold Hill Grade roadway. Environmental Checklist Form 10 51 Gold Hill Grade - Hillside Subdivision Proposed Landscaping and Associated Improvements The applicant has not proposed any tree removal as part of the subdivision or driveway extension. There is one Oak tree and one Sycamore tree identified on the project site, as well as several stands of Eucalyptus trees along the perimeter of the project site. The applicant has been working with the Fire Department to comply with the Vegetation Management regulations by removing dead brush, fallen and dead trees on the project site. No preliminary landscape plan has been proposed at this time. Utilities The project would extend water, sewer and power lines to the new residential building pad utilizing a mutual driveway access ytility easement running beneath the existing driveway. The project would not install any improveents, nor require any work within or across the creek or in the creekbank. Planning Applications Lot Line Adjustment (LLA16-001) The project proposes a Lot Line Adjustment (LLA) at the northwestern corner of the subject parcel APN #015- 091-03 to transfer 1,200 square feet to the adjacent parcel at 31 Gold Hill Grade (015-091-04). The LLA is proposed in order to reduce the overall slope on the subject parcel (APN 015-091-03) from 30.46% slope to a 29.95% slope. The applicant has indicated that the location of the new parcel lot lines were determined by the need to adhere to natural state standards for each lot, average lot width and to accommodate the location of existing homes on the 3.19 acre site. The resulting lot size would be 3.162 acres for the subject lot at 51 Gold Hill Grade. Tentative Map (TS16-001) The project proposes to subdivide the adjusted 3.162 acre parcel into 3 lots:  Lot 1: 43,800 square feet  Lot2: 46,796 square feet  Lot 3: 47,297 square feet Lot 1 and Lot 2 would each retain the existing single family homes already on the parcel. Lot 3 is proposed to be developed with a new 4,500 square foot single family home. Access to all three lots would be via a mutual private driveway, which would also serve as a utility easement. San Rafael Municipal Code Chapter 15.03 and Chapter 15.07 require Planning Commission review and approval of a Minor Parcel Map for a Hillside Subdivision. This includes review for compliance with the hillside subdivision lot standards and the Hillside Design Guidelines Manual. Environmental Design Review (ED16-016) Hillside subdivisions (i.e., properties with slopes over 25%, or General Plan Land Use Designation of Hillside Residential) require an Environmental and Design Review Permit approval pursuant to San Rafael Municipal Code (SRMC) Section 14.25.040.3 (a) and SRMC Section 15.07.020 (d) (Standards for Hillside Subdivisions). In addition, pursuant to SRMC section 14.25.040.b.1.a, design review is required for new residential development over 500 square feet on hillside lots. The Environmental and Design Review Permit requires review by the Design Review Board. The proposed project was reviewed by the Design Review Board at a public hearing on April 19, 2016. The Board recommended conditional approval of the proposed project, subject to providing a preliminary landscape plan for the proposed Lot 3 and upgrading carports that were being proposed for Lot 1 and Lot 2. The proposed project plans are discussed further in this report. Other Public Agencies Whose Approval Is Required [E.G., Permits, Financing Approval, or Participation Agreement.] None Environmental Checklist Form 11 51 Gold Hill Grade - Hillside Subdivision EXHIBITS Project Vicinity Map – 51 Gold Hill Grade Environmental Checklist Form 12 51 Gold Hill Grade - Hillside Subdivision Project Parcel Map/Site Plan – 51 Gold Hill Grade Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 14 51 Gold Hill Grade - Hillside Subdivision EVALUATION OF ENVIRONMENTAL IMPACTS Evaluation of the Project environmental impacts is prepared as follows: A brief explanation is provided for all answers except for “No Impact” answers that are adequately supported by the information sources cited in the parentheses following each question below. Answers take into account the whole action involved, including off-site, on-site, cumulative, project-level, direct and indirect, construction and operational impacts. A “No Impact” answer is adequately supported by referenced information sources that show the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone; the project involves a minor zoning text amendments that would not lead to or allow new construction, grading or other physical alterations to the environment). A “No Impact” answer is explained where it is based on project-specific factor as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project specific screening analysis). A “Potentially Significant Impact” is appropriate where there is substantial evidence that an effect may be significant. A final determination of one or more Potentially Significant Impacts shall require preparation of an EIR. A Negative Declaration or Mitigated Negative Declaration shall be prepared for the project if it results in a less than significant impact determination based on the analysis, discussion, source reference materials and/or mitigation measures identified herein (to minimize impacts or reduce impacts from a “Potentially Significant” level). Any mitigation measures shall be described and briefly explain how they reduce the effect to a less than significant level. Mitigation measures or discussion from earlier analysis may be used where, pursuant to tiering, program EIR or other CEQA process, an effect has been adequately analyzed in an earlier environmental document. Section 15063(c)(3)(D). In this case, the Initial Study below includes a brief discussion of the earlier analysis used, impacts that were previously addressed, and mitigation measures that were incorporated or refined. Supporting information sources are attached and cited in the discussion below. Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact I. AESTHETICS Would the project: a. Have a substantial adverse effect on a scenic vista? Discussion: A scenic vista is generally characterized as a panoramic view of attractive or impressive scenery. The scenic quality, sensitivity level and view access are important considerations when evaluating potential impacts on a scenic vista. For the purposes of CEQA review, and the City General Plan 2020 policies, impacts to public views are considered important protected resources. The following General Plan policy identifies important public views in the City: Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 15 51 Gold Hill Grade - Hillside Subdivision Community Design Policy CD-5 (Views). Respect and enhance to the greatest extent possible, views of the Bay and its islands, Bay wetlands, St. Raphaels church bell tower, Canalfront, marinas, Mt. Tamalpais, Marin Civic Center and hills and ridgelines from public streets, parks and publicly accessible pathways. Protect the visual identity of the hillsides and Bay by controlling development within the hillsides areas, providing setbacks from the Bay, and providing public access along the Bay edge. Community Design Policy CD-6 (Hillsides and Bay). Protect the visual identity of the hillsides and Bay by controlling development within the hillsides areas, providing setbacks from the Bay, and providing public access along the Bay edge. The project site is located adjacent to a popular public access trail (Gold Hill Fire Road). The existing two homes on the project site would not change. However, the project would construct a new home on the newly created Lot 3, which is located closest to the public access trail, on the northeast side of the project site. The perimeter of the site is heavily vegetated, providing existing screening between the project site and the public trail. Future development on Lot 3 would be subject to design review permit review, and also require submittal of a preliminary landscape plan as part of the development review process. Further, the Community Design Map (Exhibit 17) in the San Rafael General Plan 2020 does not identify the project area as a “scenic vista.” Impacts from development of a new hillside lot meeting the City’s requirements for hillside subdivision, as enforced through application of Chapter 15.07 of the Subdivision Ordinace, and the Hillside Design Guidelines Manual would result in less-than-significant impacts. (Sources: 1, 2, 3, 4, 5) b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Discussion: The project site is not visible from a state scenic highway. Based on maps from the California Department of Transportation, there are no officially designated state scenic highways currently in Marin County. The project site is developed with two single family homes on the 3.19 acre site, and there are no historic buildings or rock outcroppings within the project area. The project site is accessed via a driveway spur off Gold Hill Grade, a San Rafael city street. As noted in item a above, potential impacts to the hillside character of the site would be less- than-significant through the application of City zoning and design standards. (Sources: 1, 2, 3, 4, 5, 6) c. Substantially degrade the existing visual character or quality of the site and its surroundings? Discussion: Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 16 51 Gold Hill Grade - Hillside Subdivision The project site is currently developed with two single family homes on a 3.19 acre lot, with an existing slope of 30.46%. The proposed 3-lot subdivision would create three new lots, one for each of the existing dwellings and a vacant lot. Proposed slopes would be : Lot 1 = 34.68%, Lot 2 = 28.68%, and Lot 3 = 28.88%). A new two-story single family home would be constructed on the newly created Lot 3, including covered parking for 2 cars and two uncovered guest spaces. The new home would be subject to the Hillside Design Guidelines and Hillside Overlay District regulations which includes regulations requiring a maximum natural state (51.88% of Lot 3 to remain undeveloped/undisturbed) as well as a maximum gross building square footage (6,500 square feet). In addition, the project would be subject to the property development standards for the R1-a zoning district, with respect to lot coverage, and property line setbacks (20’ front, 15’ side and 25’ rear setbacks required). The project shows that it would be capable of meeting all required setbacks and –H district standards. The plans show that the lot could readily accomodate a new home on Lot 3 with a gross building square footage of 4,500 sf. The achieved natural state would be 74%, well above the minimum required. Further, the project would be subject to the hillside guidelines tree replacement requirement, which requires a 3:1 ratio for any “significant” trees removed. While the project meets all the required development standards, the project would introduce a new structure in an area that has previously been vacant. However, as stated above and reflected in items I.a and I.b, the parcel is developed with 2 existing single family homes, and the proposed new structure would be in keeping with the hillside standards, as well as the design and scale that currently exists in the greater residential neighborhood area. Additionally, the site would retain significant screening from existing perimeter trees that would remain. As such, the impact of the project will be less than significant. (Sources: 1, 2, 3, 4, 5) d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Discussion: There are other single family homes in the area, on the project site and along Gold Hill Grade. As such, the addition of one more single family home to the area would not represent a substantial addition of light to the area in the day or night. Residential lighting in an residential neighborhood would not result in substantial light or glare, nor affect day or nighttime views in the area. Such lighting is typically sparse, very low footcandle (Fc) intensity and low wattage. The project does not include any large outdoor lighted facilities such as a tennis court or other similar recreation use. The City does not have a “dark skies” Ordinance, however, pursuant to SRMC Section 14.16.227 (Light and Glare) and Chapter 14.25, exterior lighting would be required to undergo planning review in order to evaluate and minimize potential negative impacts from new lighting on a project site. Exterior lighting would be considered by the Design Review Board (DRB) and all exterior lighting is be required to be shielded downward and away from adjacent properties, as well as to conceal light sources from view to reduce potential for glare impacts. Based on this discussion, no impact in this category would result. (Sources: 2, 3, 4) II. AGRICULTURE AND FOREST RESOURCES Would the project: {In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 17 51 Gold Hill Grade - Hillside Subdivision California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland.} In determining whether impacts to a forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resource Board. a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Discussion: The Project site is designated by the City of San Rafael General Plan 2020 for residential use and is zoned R1a-H. Zoning of the Project site would not change as a result of the proposed project. The site is not prime farmland and is classified as Non-Williamson Act, Urban and Built-Up land by the California Department of Conservation. Therefore, the Project would result in no impact in this respect. (Sources: 1, 2, 7) b. Conflict with existing zoning for agricultural use, or a Williamson Act contract? Discussion: See discussion in II.a. above. (Sources:1, 2, 7, 8) c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 511104(g)) Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 18 51 Gold Hill Grade - Hillside Subdivision Discussion: The project site is not zoned as forest land and is not a site with timber resources as defined by the California Public Resources Code. (Sources:1, 2, 7, 8, 9) d. Result in the loss of forest land or conversion of forest land to non-forest use? Discussion: See discussion in II.c. above. (Sources: 1, 2, 7, 8, 9) e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? Discussion: See discussion in II.c. above. (Sources:1, 2, 4, 9) III. AIR QUALITY Would the project: a. Conflict with or obstruct implementation of the applicable air quality plan? Discussion: In 2011, the City of San Rafael adopted a new Sustainability Element for General Plan 2020 that supports its Climate Change Action Plan (CCAP). The CCAP includes goals to achieve Greenhouse Gas (GHG) level reduction by 2025 and 2050 that exceed the State’s goals under AB 32. The City of San Rafael Zoning Ordinance identifies the project site as single family residential, and the three lot subdivision complies with the minium lot size requirement and hillside subdivision ordinance regulations for slope. The proposed Project would not directly result in any significant population growth. Consequently, the proposed Project would not exceed the level of population or housing foreseen in City or regional planning efforts and it would not have the potential to substantially affect housing, employment, and population projections within the region, which is the basis of the 2010 Bay Area Clean Air Plan projections. Because the proposed development project would be consistent with the General Plan land use designation, no analysis of GHG emissions is required under the provisions of the CCAP, provided that the project is consistent with the City’s “Greenhouse Gas Reduction Strategy Compliance Checklist”, which lists all the individual City Ordinances that help implement the City’s Sustainability Element goals. In June 2016, the applicant submitted responses to the Checklist that indicate the project would comply Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 19 51 Gold Hill Grade - Hillside Subdivision with all the Checklist required elements that are applicable to the project (e.g., Green Building Ordinance, Water Efficient Landscape Ordinance, Wood-Burning Appliance Ordinance, Construction and Demolition Debris Recycling Ordinance). Therefore, the project would be consistent with the San Rafael CCAP and potential impacts to air quality would be a less-than-significant impact. SEE ALSO SECTION VII BELOW. (Sources: 1, 10, 11) b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Discussion: See discussion III.a. above. (Sources 1, 10,11) c. Result in a cumulatively considerable net increase any criteria pollutant for which the project region is non – attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Discussion: The San Francisco Bay Area Air Basin (SFBAAB) is currently designated as a nonattainment area for California and National ambient air quality standards (AAQS) for ozone (O3) and for PM2.5, and a nonattainment area under the California AAQS for PM10. Any project that does not exceed or can be mitigated to less than the BAAQMD significance levels, used as the threshold for determining major projects, does not add significantly to a cumulative impact. The proposed Project, a three lot subdivision and Lot Line Adjustment would have no impact on air quality at this time, as no construction is proposed. In the event that the existing driveway is improved and utility lines are constructed in advance of the proposed future development for Lot 3, construction related impacts would be less than significant and further reduced through incorporation of standard conditions and regulations for control of fugitive dust and construction-related off-site community risk and hazards. Consequently, the proposed Project’s overall contribution to cumulative air quality impacts would be less-than-significant. (Sources: 11, 12) d. Expose sensitive receptors to substantial pollutant concentrations? Discussion: Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 20 51 Gold Hill Grade - Hillside Subdivision The proposed project would create three new lots, with no changes to the two existing single-family homes or private driveway used to access the site. Future construction of a new single-family home would generate up to 2 new AM and 2 new PM peak hour trips, which is a minimal increase in vehicle trips in the project area. Regardless, there are no facilities near the project site that would be occupied by sensitive receptor populations. Sensitive receptors are defined as youths under 18, the elderly, and people with respiratory ailments.. The Bay Area Air Quality Management District initiated the Community Air Risk Evaluation (CARE) program in 2004 to evaluate and reduce health risks associated with exposures to outdoor toxic air contaminants (TACs) in the Bay Area. Through its emissions modeling of criteria pollutants from stationary and mobile sources as well as geographic analysis of sensitive populations, the District identified areas that have disproportionally higher emissions and concentrations of TACs within the Bay Area. The CARE program identified six impacted communities in the Bay Area including Concord, eastern San Francisco, western Alameda County, Redwood City/East Palo Alto, Richmond/San Pablo, and San Jose. The project site is in a residential area, and not near a freeway or industrial area. As such, the site would not be identified as an impacted community. Further, potential impacts to project residents from exposure to outdoor toxic air contaminants would be reduced through project design compliance with the City Building Code and Green Building Ordinance. The project would result in no impact in this category. (Sources: 3, 12) e. Create objectionable odors affecting a substantial number of people? Discussion: The proposed residential use, consistent with surrounding uses in the R1a-H Single Family Hillside Overlay Zoning District would not create objectionable odors. There would be no impact. (Sources: 3, 4) IV. BIOLOGICAL RESOURCES Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Discussion: A biological assessment was prepared and submitted by WRA Environmental Consultants on August 18, 2015. The WRA report describes the results of a site visit and assesses: 1) presence of special-status species; 2) potential to support special status species; and 3) the presence of other biological resources protected by local, state, and federal laws and regulations. The WRA report also evaluates the project’s potential impact on species and resources identified. The project is an urban infill development that would subdivide an existing 3.19 acre lot Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 21 51 Gold Hill Grade - Hillside Subdivision with two existing residential structures into 3 lots. Proposed Lot 1 and Lot 2 would each retain one existing single family home. No expansion to the existing homes is proposed. The proposed Lot 3 is located in the eastern portion of the project area and is currently vacant. A small outbuilding was demolished on the site, prior to project submittal. The project is proposing to construct a new single family home on Lot 3, but is not seeking a design review permit entitlement for the home at this time. Development would be initiated in the future by the new owner. The plans submitted show a preliminary location for the new home on Lot 3, and it is located well outside the 25 foot creek setback for the bank of Sister’s Creek, per San Rafael Municipal Code Section 14.16.080.A. Special-Staus Plant Species The WRA Report identified twenty-two Special-Status Plant species within 5 miles of the Project site. However, these 22 species were determined to be not present or unlikely to occur in the Project area due to a lack of one or more of the following: 1) hydrologic conditions (e.g. vernal pools or salt marsh) to support the species; 2) soil conditions necessary to support the species; and 3) associated vegetation communities (e.g., chaparral, coastal scrub) necessary to support the species. Further, the previously disturbed conditons, prevalence of non-native invasive species and adjacent development further reduce the likelihood that special-status plant species are present. Special Status Wildlife Species The WRA Report identified 15 Special-Status Wildlife species known to occur within 5-miles of the Project Area. A total of 14 species were determined to have no potential to occur within the Project Area, due to the absence of required habitat elements such as water, host plants, or vegetative communities. Further, even in areas with some suitable habitat present, the high disturbance levels, and long distance from known ranges with documented occurences also factor into reducing the potential for these species to occur. However, one special status species, the Pallid Bat, was determined to have a moderate potential to occur within the Project Area. The report indicated that outbuildings provide suitable roosting habitat for this species, and pallid bats forage for insects over the ephemeral creek, drainage way, and vegetated portions of the Project Area. Based on data from the California Department of Fish and Wildlife, the neareast documented occurrence of this species is within 1-mile of the Project Area. Breeding Birds The WRA Report noted that the Project Area provides only limited wildlife habitat, but that it does include trees, shrubs and out buildings that could be used as nesting habitat by many bird species protected by the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CFGC). The WRA Report concluded that the construction of the project will not result in impacts to special-status plants and wildlife species or any sensitive habitats. However, given the hillside nature of the site, mitigation measures are recommended as standard practice to address potential impacts to protected migratory birds and potential for Pallid Bats to be on the site or in the area. Recommended Mitigation Measures Biological Resources 1: In order to avoid potential impacts on the Pallid Bats, any out buildings within Lot 3 should be demolished between September 1 and October 15, which is outside bat maternity roosting season. Biological Resources 2: Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 22 51 Gold Hill Grade - Hillside Subdivision Breeding Season: March 1 through August 1. If ground disturbance or removal of vegetation occurs between March 1 and July 31, pre-construction surveys will be performed by a qualified biologist no more than 14 days prior to commencement of such activities to determine the presence and location of nesting bird species. If active nests are present, establishment of temporary protection breeding season buffers will avoid direct mortality of these birds, nests or young. The appropriate buffer distance is dependent on the species, surrounding vegetation, and topography and should be determined by a qualified biologist as appropriate to prevent nest abandonment and direct mortality during construction. Non-Breeding Season: August 1 through February 28: Ground disturbance and removal of vegetation within the Study Area does not require pre-construction surveys if performed between August 1 and February 28. (Sources: 3, 4, 13) b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Discussion: No riparian habitat identified in Study Area. See discussion IV.a. above. (Sources: 3, 4, 13) c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Discussion: No wetlands identified in the Study Area. See discussion IV.a. above. (Sources: 3, 4, 13) d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 23 51 Gold Hill Grade - Hillside Subdivision Discussion: No migratory fish species identified in the Study Area. See discussion IV.a above. (Sources: 3, 4, 13) e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Discussion: The project plans identify a 42” Oak, 12” Sycamore and 9 Eucalyptus trees in the area along the north and east property line. There are also 8 bay trees identified along the south property line and in the northeast corner of the property. No trees are proposed to be removed as part of the project scope. Future development on Lot 3 would be subject to review and approval of a Design Review Permit. As part of this review, a preliminary landscape plan would be required. Future development, as well as any trees removed to comply with the Wildland Urban Interface (WUI) would be subject to Hillside Design Guidelines requiring a 3:1 tree replacement ratio for “significant trees” as defined in the City of San Rafael Hillside Residential Design Guidelines. (3, 4, 5, 14) f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Discussion: The proposed project would not conflict with any adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved conservation plan. No such plans have been adopted encompassing the project vicinity, and no impacts are anticipated. (Sources: 1) V. CULTURAL RESOURCES Would the project: a. Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? Discussion: Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 24 51 Gold Hill Grade - Hillside Subdivision The project site is developed with 2 existing single family homes. These homes are not identified on the 1986 San Rafael Historical/Architectural Survey, and are not considered to have historical significance per CEQA guidelines. In any event, no changes to these structures are proposed as part of the proposed 3-lot subdivision. As such, no impact to a historic resource is expected. (Sources: 3, 4, 15) b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? Discussion: According to both the City of San Rafael’s adopted Archaeological Sensitivity Map and “PastFinder”, a citywide database of parcel-specific archaeological sensitivity reports for development proposals that involve excavation or grading, the project site has a sensitivity rating of “low”. An archaeological evaluation of the parcel has produced no indications of an archaeological site within the parcel, and no further archaeological evaluation was recommended. Pursuant to Public Resources Code Section 21080.3.1, the City has sent a letter to the Federated Indians of Graton Rancheria on May 3, 2016, formally notifying them of the proposed project and requesting comments. The City received no response to this letter within the 30 day period specified. Further, the City has yet to receive comments on the proposed project, as of the publication of this CEQA document. However, the proposed Project would have the potential to impact unknown archaeological resources on the portion of the site (Lot 3) that is proposed for development of a single family home because grading activities associated with the construction level may result in the discovery of unknown cultural resources that are buried beneath the ground surface. Based upon this preliminary cultural resource investigation, and the fact that the site has been developed in the past, the associated ground disturbing activities are likely to have already disturbed or resulted in the discovery of any archeological resources that may exist on the site. As such, the chance of unknown archaeological resources being uncovered during excavation, grading or construction is remote. Nevertheless, it is recommended that the following mitigation measure, which is standard procedure for archaeological resources that are uncovered during construction, be implemented to ensure that disturbance of unknown cultural resources during project excavation, grading and construction activities would be reduced to a less-than-significant level. Recommended Mitigation Measure Cultural Resources- 1: If, during grading or construction activities, any archaeological artifacts or human remains are encountered, the following measures shall be implemented:  Construction shall cease immediately within 150 feet of the find until it can be evaluated by a qualified archaeologist, the Federated Indians of the Graton Rancheria, and Planning staff. Planning staff and the qualified archaeologist shall promptly visit the site. The qualified archaeologist shall conduct independent evaluation of the “find” to determine the extent and significance of the resource, and to develop a course of action to be adopted that is acceptable to all concerned parties. If mitigation is required, the first priority shall be avoidance and preservation of the resource. If avoidance is not feasible, an alternative archaeological management plan shall be prepared that may include excavation. If human remains are unearthed, the Marin County Medical Examiner’s office also shall be notified. All archaeological excavation and monitoring activities shall be conducted in accordance with prevailing professional Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 25 51 Gold Hill Grade - Hillside Subdivision standards, as outlined in Appendix K of the State CEQA Guidelines and by the California Office of Historic Preservation. The Native American community shall be consulted on all aspects of the mitigation program. (Sources: 3, 4, 16, 17, 18) c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Discussion: See discussion V.b above. (Sources: 3, 4, 16, 17, 18) d. Disturb any human remains, including those interred outside of formal cemeteries? Discussion: See discussion V.b above. (Sources: 3, 4, 16, 17, 18) VI. GEOLOGY AND SOILS Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Discussion: A Geotechnical Investigation was prepared and submitted by John C. Hom & Associates (JCH) on February 9, 2015. Based on information in the 4 test borings done as part of the JCH report, the project site consists of primarily colluvial soils over sheared shale bedrock of the Franciscan Formation. The project site is located within a seismically active region, and will therefore experience the effects of future earthquakes anticipated to occur in the region. There are no active faults within the project area. Active earthquake fault zones within close proximity include the Hayward fault, located about 9 miles to the northeast, and the San Andreas Fault, located Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 26 51 Gold Hill Grade - Hillside Subdivision about 9 miles to the southwest of the project site. In the event of a major earthquake in the Bay Area, the site may be susceptible to seismic shaking and related ground failure. As such, the JCH report recommended that the proposed structure on Lot 3 should be designed in accordance with current standards for earthquake resistance construction. Specifically, the report specifies that the minimum requirement is that the latest edition of the California Building Code be followed. This is a standard requirement that applies to all new construction projects in the City. The Geotechnical report concluded that surface rupture (surface faulting) is highly unlikely at this site since: 1) no active faults are known to cross the project site; 2) the project site is not located within the Alquist- Priolo Special Studies Zones Maps; and 3) no evidence of active fault traces or creep zones were observed. Regardless, the following mitigation measures are recommended, which apply to the project as a standard requirement of the Building Division: Recommended Mitigation Measures Geology and Soils 1: Prior to approval of the Project, the City shall incorporate the recommendations of the JCH Geotechnical Investigation into the Project to address seismic design, site preparation and grading, and foundation design. The geotechnical report recommended drilled reinforced concrete piers (connected with grade beams or at least 18-inches in diameter, extending at least 15 feet deep and 8 feet into bedrock, whichever is greater. (Sources: 20) ii) Strong seismic ground shaking? Discussion: See discussion V1.ai above. (Sources: 20) iii) Seismic related ground failure, including liquefaction? Discussion: Based on the JCH Geotechnical Investigation, ground failure (such as landslides, differential settlement, liquefaction, lurch cracking and lateral spreading that is seismically induced) are related to groundwater, soil and bedrock conditions. The report concluded that the potential for these failures are considered negligible. (Sources: 20, 21, 22) iv) Landslides? Discussion: See discussion VI.iii above. (Sources: 20, 21, 22) b. Result in substantial soil erosion or the loss Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 27 51 Gold Hill Grade - Hillside Subdivision of topsoil? Discussion: The proposed 3-lot subdivision would not, in itself, change the existing soil conditions on the site. However, future development on Lot 3 would involve minimal grading for new utilities, driveway extension, and the proposed single family home/driveway and two-car garage. The remaining site would be required to have appropriate landscaping (as reviewed by City staff and Marin Municipal Water District). As proposed, the future Lot 3 will include a bio-retention area, and the existing driveway would also be improved to include upgraded site drainage. As such, additional surface water runoff generated from existing and future development will be adequately controlled and directed into the City storm drainage system. Erosion control measures during and after construction that conform to Regional Water Quality Control Board standards are also required as a standard condition of approval. There would be no impact. (Sources: 3, 27) c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on, or off, site landslide, lateral spreading, subsidence, liquefaction or collapse? Discussion: As discussed in the project JCH Geotechnical Investigation, site soils consist of primarily colluvial soils over sheared shale bedrock of the Franciscan Formation for about the first 4 feet of test bore. No free groundwater was encountered, (up to 6 foot depth tested) but the report indicated that the groundwater table probably varies with seasonal rainfall. The JCH report recommended drilled reinforced concrete piers connected with grade beams or at least 18-inches in diameter, extending at least 15 feet deep and 8 feet into bedrock, whichever is greater. The report also addressed the need for grading protocols and retaining wall design and drainage. Incorporation of standard requirements as noted in V1.a detailed above and mitigation measure belowwould result in less-than- significant impacts. Recommended Mitigation Measure Geology and Soils 2: Prior to approval of the Project, the City shall incorporate the recommendations of the Geotechnical Investigation into the Project to address seismic design, site preparation and grading, and foundation design. (Source: 20, 21) d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Discussion: Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 28 51 Gold Hill Grade - Hillside Subdivision The JCH Group Geotechnical Investigation did not identify expansive soils as part of their investigation of the project site and indicated that with proper design, the potential for structural damage due to expansive soils is low. There would be no impact. (Source: 20, 22) e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Discussion: The Project would be serviced by the existing sanitary sewer system and the use of septic tanks or alternative wastewater disposal systems would not be necessary. Therefore, construction of the proposed project development would result in no impact. (Sources: 3, 22, 25) VII. GREENHOUSE GAS EMMISSIONS Would the project: a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Discussion: As discussed in Section III above, in 2011, the City of San Rafael adopted a new Sustainability Element for General Plan 2020 that supports its Climate Change Action Plan (CCAP). The CCAP includes goals to achieve Greenhouse Gas (GHG) level reduction by 2025 and 2050 that exceed the State’s goals under AB 32. Because the proposed development project would be consistent with the General Plan land use designation, no analysis of GHG emissions is required under the provisions of the CCAP, provided the project is consistent with the City’s “Greenhouse Gas Reduction Strategy Compliance Checklist”, which lists all the individual City Ordinances that help implement the City’s Sustainability Element goals. In July 2016, the applicant submitted responses to the Checklist that indicated that none of the required checklist items (e.g., Green Building Ordinance, Water Efficient Landscape Ordinance, Wood-Burning Appliance Ordinance, Commercial/Multi-Family Recycling Regulations, Bicycle Parking Regulations and Affordable Housing Ordinance), would apply to the proposed project, as the 3-lot subdivision will not cause any immediate changes to the site. However, future improvements to the site would require new utility lines, extension to the existing private driveway (including retaining walls) as part of the tentative map entitlement. These developments would be subject to design review, and reviewed for compliance with the following required elements (Green Building Ordinance, Water Efficient Landscaping, and Construction and Demolition Debris Recycling Ordinance) and would be required to meet these requirements prior to issuance of construction permits. Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 29 51 Gold Hill Grade - Hillside Subdivision Therefore, the project would be consistent with the San Rafael CCAP and GHG emissions would be less-than- significant through compliance with the implementing Ordinances. (Source: 1, 10, 11) b. Conflict with an applicable plan, policy or regulation for the purpose of reducing the emissions of greenhouse gases? Discussion: See discussion VII.a above. (Sources: 1, 10, 11) VIII. HAZARDS AND HAZARDOUS MATERIALS Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Discussion: The proposed project to subdivide the 3.19 acre parcel into 3 lots and in the future, develop Lot 3 with a new single family home would not involve routine transport, use or disposal of hazardous materials and would not create a significant hazard to the public. The project plans have been reviewed by City Departments, including Public Works and Fire. Construction activities on the site would not involve materials hazardous to the public. Project construction would be subject to inspection by the City. There would be no impact. (Sources: 3, 4) b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Discussion: See discussion VIII.a above. (Sources: 3, 4) Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 30 51 Gold Hill Grade - Hillside Subdivision c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Discussion: The project site is not located within a quarter mile of a school or university. Also, see discussion VIII.a above. (Sources: 3, 4) d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Discussion: The project site is located in a residential area in the City of San Rafael and is not included on a list of hazardous material sites. There would be no impact. (Sources: 3, 23) e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Discussion: The project site is located in a residential area and is not within two miles of a public airport nor located within an airport land use plan. There would be no impact. (Sources: 1, 3) f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Discussion: See discussion VIII.e above. (Sources: 1,3) Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 31 51 Gold Hill Grade - Hillside Subdivision g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Discussion: The proposed project is a 3-lot subdivision on a parcel already developed with two single family homes, and would be consistent with the General Plan 2020 and Zoning Ordinance in terms of the type of land use allowed. The project has been reviewed by City Departments, including Building, Public Works, and Fire and responsible agencies. No concerns have been raised about the City’s ability to provide services the project site nor that it would interfere with and adopted emergency response or evacuation plan. There would be no impact. (Sources: 1, 2, 3, 24, 25, 26, 27, 28) h. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Discussion: The project site is identified as being located within a Wildland Urban Interface (WUI) Zone and is subject to all regulation pursuant to San Rafael Municipal Code Chapter 4.12 “WUI – Vegetation Management Standards” (Ordinance 1856), as adopted by City Council, July 16, 2007. The City’s Wildland Urban Interface (WUI) Map indicates the project site would be in a potential wildland high fire zone. As such, property owners are required to establish a vegetation buffer or 100 feet of “defensible space around the residence, in which all flammable vegetation is cleared and maintained. The existing project site has very few mature trees except along the property perimeter, and the proposed new home on the newly created Lot 3 is not being constructed as part of the Tentative Map entitlement. However, a vegetation management plan map was submitted and approved by the City’s Fire Department. Further, a preliminary landscape plan will be required as part of the future development on Lot 3, and the City Fire Department will review the project plans for compliance with Chapter 4.12 regulations. The San Rafael Fire Prevention Bureau has reviewed the proposed development plan and agreed to the applicant’s proposed “Alternatives Means and Methods” for Fire Protection as follows: 1. Sprinkler the building attic area. 2. Use non-combustible siding such as stucco, Hardie Siding, Shingles, brick or other non-combustible products. 3. Use non-combustible roofing material such as metal, slate, tile or other non-combustible products. Eaves and roof joist overhang areas will likewise be clad with non-combustible material. 4. Establish a vegetation management plan within the boundaries of the property, thereby providing all lands within the property boundaries as “Defensible Space”. Potential impacts would be less than significant because the future new residence must be built to comply with more rigorous construction standards intended to reduce threats from fires. (Sources: 3, 14, 24) Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 32 51 Gold Hill Grade - Hillside Subdivision IX. HYDROLOGY AND WATER QUALITY Would the project: a. Violate any water quality standards or waste discharge requirements? Discussion: The proposed project is an urban infill development that would subdivide the existing 3.19 acre parcel, retaining the existing structures consisting of two single family residences (on the newly created Lot 1 and Lot 2) and also construct a new single family home on Lot 3. The current structures are connected to the City’s existing sewer system. The new single family home is not proposed to be built as part of this subdivision entitlement. However, the Tentative map application plan included a proposed location for a new 4” sewer lateral located beneath the existing private driveway. San Rafael Sanitation District (SRSD) has accepted the preliminary design for the proposed sewer line, which would be reviewed again as part of a future design review permit submittal required for the proposed single family home on Lot 3. Thus, the project, as proposed would not violate any water quality standards or waste discharge requirements. There would be no impact. (Sources: 3, 25) b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Discussion: The project site is a 3.19 acre site located adjacent to existing residential uses and the Gold Hill Grade Open Space area. The current and proposed uses would receive water service from Marin Municipal Water District (MMWD). MMWD has reviewed the project plans and provided their comments in a letter to the City with the finding that the proposed 3 lot subdivision and future new residential home on Lot 3 would not impair the District’s ability to continue service to this property. However, the proposed new home on Lot 3 will require a pipeline extension from MMWD’s existing facility. Specifics of the pipeline design will be reviewed by MMWD as part of the building permit application submittal process. A Hydrology Report submitted by Oberkamper & Associates on July 30, 2014 indentified no active wells on the project site. In addition, no weels were identified in the JCH Geotechnical Investigation. The proposed project would have no impact upon groundwater recharge given the fact that a majority of the site is developed, and there would be minimal grading for the proposed new home. (Sources: 3, 20, 28, 29) Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 33 51 Gold Hill Grade - Hillside Subdivision c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off- site? Discussion: There is a natural drainage way along the northern portion of the project site, and it runs east to west. The proposed new residential development on Lot 3 would be located at least 50 feet from the drainage way and therefore would not impact the existing drainage way. The Hydrology Report by Oberkamper & Associates indicated that the proposed improvements would increase runoff from the watershed by 0.63%, which the report determined to be insignificant given the volume of water running through the property. The report also indicated that the “depth of increase” of water surface elevation would be only one sixteenth (1/16th ) of an inch due to drainage improvements that would be incorporated into the site development design. The proposed project would include a bio-retention pond on Lot 3 and also a bio-retention pond on the southwest corner of the property near the driveway entrance. As such, the proposed project would not alter the existing drainage pattern of the vicinity. The southern portion of the project site is located within the boundaries of Sister’s Creek, an ephemeral USGS blue-line stream. The stream crosses the very southern portion of the project area from east to west. All existing structures are located outside the 25’ creek setback as required per San Rafael Municipal Code 14.16.080.A. A small portion of the existing access driveway is located within the 25’ creek setback. Access to the proposed Lot 3 is proposed via the existing shared driveway access and would not introduce any new encroachment into the 25’ creek setback. The proposed location of the new sewer lateral beneath the existing driveway was designed so as to avoid directional drilling under the creekbed. The directional drilling would have been necessary if the sewer was designed to connect to the existing sewer line in the Gold Hill Grade roadway across the creek to the south. Designing the proposed project with the new sewer lateral in the existing driveway would have a less-than- significant impact. (Sources: 2, 3, 29) d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- site? Discussion: As discussed in the IX.c. above, redevelopment of the urbanized project site would not alter existing drainage patterns. It is required by Marin County and the City of San Rafael that the proposed development not increase the discharged storm drain peak flow and volume. Urban services to the proposed development on Lot 3 would be upgraded to accommodate the increased demand for service. The Hydrology Report by Oberkamper & Associates indicated that the proposed improvements would increase runoff from the watershed by 0.63%, which was determined to be insignificant given the volume of water running through the property. As such, the proposed improvements would not alter the existing drainage pattern of the vicinity. Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 34 51 Gold Hill Grade - Hillside Subdivision Any future development proposed would require an updated hydrology report and drainage analysis to confirm that the proposed project design would be sufficient to handle storm runoff from the building roof during a 100- year storm event. Therefore, there would be no increased risk of flooding on or off-site. (Sources: 2, 3, 29) e. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Discussion: See discussion IX.d above. (Sources: 3, 29) f. Otherwise substantially degrade water quality? Discussion: See discussion IX.d above. (Sources: 3, 29) g. Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Discussion: As indicated in General Plan 2020 Exhibit 29, Flood Hazard Areas, the project site is located outside the area of the 100-year flood on the 2016 FEMA Flood Insurance Rate Map. The proposed future development of a single family home on Lot 3 would include drainage improvements sufficient to handle project runoff in a 100-year storm event, as discussed in IX.d. above. There would be no impact. (Sources: 1, 3, 31) h. Place within a 100-year flood hazard area structures which would impede or redirect flood flows? Discussion: See discussion IX.g above. (Sources: 1, 3, 31) Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 35 51 Gold Hill Grade - Hillside Subdivision i. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Discussion: The project site is not susceptible to flooding as a result of the failure of a levee or dam as no such structures are located within the vicinity of San Rafael. This is a relatively gently sloping sight with existing urban storm drainage facilities in place within adjacent streets. Drainage facilities for the site will be upgraded as part of the development plan to manage runoff from a 100-year storm event, as discussed above in IX.d. There would be no impact. (Sources: 3, 31) j. Inundation by seiche, tsunami, or mudflow? Discussion: There would be no risk of inundation by seiche, tsunami or mudflow at the project site, which is located well inland from San Francisco Bay. There would be no impact. (Sources: 3, 4) X. LAND USE AND PLANNING Would the project: a. Physically divide an established community? Discussion: The project site has a General Plan 2020 Land Use Designation of Hillside Residential, and has a zoning classification of Single Family Residential (HR1a-H) Hillside Overlay. The current site is developed with 2 single family homes. The proposed development would create 3 new lots, with each existing single family home its own parcel and a single family home proposed for future development on Lot 3. The project would involve redevelopment of the site with a new residential structure, which would not physically divide an established residential community. There would be no impact. (Sources: 2, 3, 4) b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 36 51 Gold Hill Grade - Hillside Subdivision mitigating an environmental effect? Discussion: As discussed above in X.a., the proposed 3-lot subdivision and future residential development would be consistent with the General Plan Land Use Map and Zoning designations. The preliminary review of the proposed new single-family home indicates that is designed to be consistent with other development standards regulating building height, setbacks, parking, and hillside regulations. As discussed above in Section VII. the proposed project would also be consistent with policies in the General Plan 2020 Sustainability Element and Climate Change Action Plan (CCAP), which seek to limit GHG emissions and implement regional air quality goals. Therefore, the project would not conflict with applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. There would be no impact. (Sources:1, 3, 10) c. Conflict with any applicable habitat conservation plan or natural community conservation plan? Discussion: The project site is not located in an area with an adopted habitat conservation plans or natural community conservation plans for this area. There would no impact. (Sources: 1) XI. MINERAL RESOURCES Would the project: a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Discussion: There are no known mineral resources on the project site, which is in an area designated for residential land use and hillside preservation. The nearest quarry, San Rafael Rock Quarry, is located to the South on Point San Pedro Road. No impacts would result. (Sources: 1, 4) b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Discussion: Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 37 51 Gold Hill Grade - Hillside Subdivision See discussion XI.a above. No impact would result. (Sources: 1) XII. NOISE Would the project: a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Discussion: The site is in a residential setting, not located near a freeway or major arterial or any significant or potential noise sources. No impacts would result. (Sources: 3, 4) b. Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? Discussion: See discussion XII.a above. Further, the project construction does not require pile driving which would otherwise generate excessive noise or ground vibration. No Impact would result. (Sources: 3, 4) c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Discussion: Future development of a new single-family residence on Lot 3 would not result in a significant new noise source, and is consistent with the adjacent residential uses in the area. No impact would result. (Sources: 3, 4, 30) Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 38 51 Gold Hill Grade - Hillside Subdivision d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Discussion: See discussion XII.b above. No unusual noise impacts would result from temporary construction activities associated with construction of a single family residence on Lot 3. Further, the City Noise Ordinance as stipulated in San Rafael Municipal Code Chapter 8.13, establishes limits on construction activities to assure such work would not occur during periods when noise sensitivity is greatest (i.e., prohibiting work on holidays, Sundays, and during nighttime hours). No impact would result. (Sources: 1, 30) e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Discussion: The project is not located in an airport land use plan area or within two miles of a public airport. Therefore, no impact in this category would result. (Sources: 1, 3) f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Discussion: The project site is not located near the San Rafael Airport which lies to the north, and is separated by significant topography including China Camp and Barbier Park hillside open space area. No impact would result. (Sources: 1, 3) XIII. POPULATION AND HOUSING Would the project: a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 39 51 Gold Hill Grade - Hillside Subdivision roads or other infrastructure)? Discussion: The project is in an area designated for residential development at the proposed densities. Construction of one new residence would not have any impacts in this category. (Sources: 1, 2) b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Discussion: The project does not remove housing. No Impact would result. (Sources: 3) c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Discussion: See discussion XIII.b above. No impact. (Sources: 1, 3) XIV. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a. Fire protection? Discussion: The proposed project is a 3-lot subdivision of 3.19 acres and would not be of a scale to require new or physically altered government facilities nor would it impact the quality of service, response times or other performance objectives for any of the public services. The two existing homes are already served by public services and the Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 40 51 Gold Hill Grade - Hillside Subdivision new home (proposed square footage 4,500 square feet on a lot size of 47,297 square feet) would not significantly increase the demand for services. Upgrades to the existing driveway access and new bio-retention ponds will improve the existing site conditions. No impact would result. (Sources: 3, 24) b. Police protection? Discussion: The proposed creation of one new single family home is not anticipated to have an impact on Police Services, which are already serving existing properties in the project vicinity. Development of the vacant area would also help deter use of the site as a homeless encampment, which is a prevalent concern in the City and its open space areas and vacant hillside lots. (Sources: 3, 4) c. Schools? Discussion: The project site is located in an area served by the San Rafael Unified School District. School district needs and capacities have been planned considering the General Plan 2020 land use density for the area. The new single family home may cause a small increase in student enrollment in local schools, but there is no indication that it would exceed the capacity of the City’s school districts. New development is required to pay school impact fees based on the amount of new habitable floor area. The school fees for residential construction are currently computed at $3.36 per square foot of residential development. These fees are charged during the building permit application process and collected by the San Rafael City Schools. Fees are paid directly to the district. Based on this discussion, no impact would result. (Sources: 1) d. Parks? Discussion: The proposed 3-lot subdivision involves the possible addition of one new single family residential unit to the housing market. The City has adequate parks to serve its current and future population anticipated under General Plan 2020. One new residence would have no material impact on park facilities. Additional funding for parkland is also required for subdivision development. The project applicant would be required to pay Parkland Dedication Fees at the time of Final Map recordation, which would fund acquisition, expansion and improvement of needed park facilities. Pursuant to the formula in San Rafael Municipal Code Chapter 15.09, the proposed project would be required to pay a Parkland Dedication Fee of $5,903.93. With the collection of the Parkland Dedication Fee to fund needed parkland improvements, the impacts from the proposed project would be less-tha- significant. With the collection of the Parkland Dedication Fee to fund needed parkland improvements, the impacts from the proposed project would be less-than-significant. (Sources: 1) Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 41 51 Gold Hill Grade - Hillside Subdivision e. Other public facilities? There are no public facilities near the project site, which is located in a residential area. The proposed 3-lot subdivision and creation of one new single family home would not cause adverse impacts on existing public facilities in San Rafael, which are primarily funded through property tax revenues and user fees. There would be no impact. In addition, the southeastern portion of the property abuts the Gold Hill Grade Fire Road and the applicant has agreed to provide an access easement to the City of San Rafael in this area in order to ensure access for maintenance. The applicant will record an easement as a condition of the project approval and at time of recordation of the Final Parcel Map. (Sources: 3) XV. RECREATION Would the project: a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Discussion: See discussion in XIV.d above. Given the size of the development (3-lot subdivision with 2 existing homes and one new single family home proposed), it is not anticipated that the project would significantly increase the use of existing parks in the area. Therefore a less than significant impact would result. (Sources: 1, 3) b. Include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Discussion: The project does not propose recreational facilities on site, nor would the project necessitate the need for expansion of recreational facilities. Therefore no impact would occur. (Sources: 3) Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 42 51 Gold Hill Grade - Hillside Subdivision XVI. TRANSPORTATION/TRAFFIC Would the project: a. Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant component of the circulation system, including but not limited to intersections, streets, highways, and freeways, pedestrian and bicycle paths, and mass transit)? Discussion: The proposed project consist of a 3-lot subdivision, creating two lots with existing single family homes and a new single family home proposed for the newly created Lot 3. The existing lot is access by a private driveway off Gold Hill Grade. The driveway terminates just a few feet east of the existing home. The driveway is proposed to be extended to the new home on Lot 3. The project proposes to widen the north side of the existing driveway to create a 20’ wide driveway, extending the driveway approximately 200 feet to provide access the proposed home on Lot 3. Existing surface roads are adequate to serve the existing site and the one new lot. The project would not require any public street improvements. No impact would result. (Sources: 3, 4) b. Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Discussion: See discussion under item XVI.a above. The project is not a significant source of new traffic and is not accessed directly from a regional roadway. The proposed new home would add 2 AM and 2 PM trips, and the City Traffic Engineer calculated a required traffic mitigation fee of $4,246. No impact would result. (Sources: 3, 4, 32) Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 43 51 Gold Hill Grade - Hillside Subdivision c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Discussion: The residential project has no impact on air traffic. (Sources: 3, 4) d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Discussion: The existing surface streets accessing the site are capable of supporting the slight increase in residential traffic and construction traffic to and from the site. The driveway to the new lot would be designed to comply with minimum access standards for emergency vehicles. No off-site improvements are required. Therefore, no impacts would result. (Sources: 3, 4, 27) e. Result in inadequate emergency access? Discussion: As noted in item XVI.d above, the project proposes to extend and improve the existing driveway and provide a fire truck turnaround area at Lot 3. Therefore, the project would not have any emergency access impacts. (Sources: 3, 24) f. Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Discussion: The one lot residential development project does not affect any transportation plans adopted by the City and would have no impact. (Sources: 1) Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 44 51 Gold Hill Grade - Hillside Subdivision XVII. UTILITIES AND SERVICE SYSTEMS Would the project: a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Discussion: The project site is within the San Rafael Sanitation District (SRSD), which provides sanitary sewer service to the central San Rafael area. Wastewater is transmitted to the Central Marin Sanitation Agency (CMSA) treatment facility, located at 1301 Anderson Drive. The San Rafael Sanitation District has reviewed the project, provided comments and will require that the development project pay sewer connection fees prior to issuance of a Building Permit. The project would not conflict with the existing capacity of wastewater delivery to CMSA or the ability of CMSA to treat the additional wastewater generated by the project. There would be no impact. (Sources: 3, 25) b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Discussion: The current structures are connected to the City’s existing sewer system. A preliminary sanitary sewer plan was reviewed by the San Rafael Sanitation District (SRSD). No changes to the existing sewer line are proposed or required. The new sewer line for the future new home on Lot 3 is proposed to be a 4” sewer line which will be located under the existing access driveway. The proposed new sewer line design and location would be subject to additional review as part of the proposed design review permit for the future development of Lot 3. It is expected that the new sewer line would be adequate to serve the additional residence. No impact would result. (Sources: 1, 25) c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Discussion: The proposed new single family dwelling on Lot 3 would not result in a new source of drainage, as discussed in the Hydrology Section IX. The Hydrology Report by Oberkamper & Associates indicated that the proposed improvements would increase runoff from the watershed by 0.63 %, which was determined to be insignificant given the volume of water running through the property. New development must direct a small portion of runoff through landscaped bio-retention areas. Similar development projects have easily accommodated this requirement on-site with small bio-retention facilities located in existing landscape areas required for the project. Impacts Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 45 51 Gold Hill Grade - Hillside Subdivision would be less-than-significant based on anticipated inclusion of bio-retention facilities. The Department of Public Works would review and require this improvement as a condition of future development of the site. (Sources: 3, 27, 29) d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Discussion: The Marin Municipal Water District has adequate capacity to serve the City through anticipated buildout under General Plan 2020. The project was referred to MMWD for its review and comments. The existing homes are already being served by MMWD. New water service requires a standard pipeline extension and water service agreement to be pursued, as a condition of project approval. The one additional residential unit would have negligible impacts on water supplies in the area and would not require any further water service planning. (Sources: 1, 3, 28) e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Discussion: See discussion about existing sewer capacity in XVII.b above. No impacts would result. (Sources: 3, 25) f. Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Discussion: Marin Sanitary Service (MSS) is the current solid waste provider in the City. MSS operates under state permits that require diversion and reduction of waste sent to the landfill. MSS has implemented a number of programs to respond to state legislative mandates and its permits to operate as a solid waste hauler. Much of the materials collected by MSS that cannot be recycled are sent to the Redwood Sanitary Landfill in Novato. The project was referred to MSS for its review and comment. The one additional residence would not significantly contribute to the waste generated by development within the City. No significant impact would result. (Sources: 3, 33, 34) Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 46 51 Gold Hill Grade - Hillside Subdivision g. Comply with federal, state, and local statutes and regulations related to solid waste? Discussion: See discussion XVII.f above. No impacts. (Sources: 3, 33, 34) XVIII. MANDATORY FINDINGS OF SIGNIFICANCE Would the project: a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Discussion: As discussed in Section IV of this Initial Study (with listed mitigation measures), all biological resources impacts were determined to be less than significant. No aspect of the Project not discussed in Section IV of this Initial Study would result in the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal. As discussed in Section V of this Initial Study (with listed mitigation measures), the Project would not substantially impact any examples of the major periods of California history or prehistory. Therefore, a less-than- significant impact would result in this respect. (Sources: 1-34) b. Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Potentially Significant Impact Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Environmental Checklist Form 47 51 Gold Hill Grade - Hillside Subdivision Discussion: As summarized throughout this Initial Study, the project would have minor potential environmental impacts which can be mitigated to less-than significant levels. Potential cumulative impacts would be limited due to the small scale of the future development and site improvements. The addition of 1 single-family home would be considered “in-fill” development and would not have a cumulative development impact. (Sources: 1-34) c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Discussion: As described throughout this environmental checklist, the proposed project would not result in substantial environmental effects on human beings. Mitigation measures are identified in this Initial Study to reduce project impacts related to biological resource, cultural resources, and geology and soils. With the implementation of these mitigation measures, theses impacts would be less-than-significant. (Sources: 1- 34) Environmental Checklist Form 48 51 Gold Hill Grade - Hillside Subdivision SOURCE REFERENCES 1. City of San Rafael General Plan 2020, adopted November 2004; as amended through July 2011. 2. City of San Rafael General Zoning Ordinance, City of San Rafael, 2004, as amended check date. 3. Application Packet submitted by Ray Cassidy, including site plan, architectural plans, landscape plans, grading plan, and additional materials and exhibits. 4. Site Inspections conducted June 2015 and April 2016. 5. Hillside Residential Design Guidelines, City of San Rafael, October 1991. 6. California Department of Transportation, Scenic Highway Mapping System; http://www.dot.ca.gov/. 7. California Department of Conservation, Division of Land Resource Protection, Farmland Mapping and Monitoring Program, 2012, Marin County Important Farmland, ftp://ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/2012/mar12.pdf, accessed July 25, 2016. 8. California Department of Conservation, Marin County Williamson Act FY 2015/2016 Map, ftp://ftp.consrv.ca.gov/pub/dlrp/ wa/Marin_15_16_WA.pdf, accessed July 25, 2016. 9. http://leginfo.legislature.ca.gov. Accessed July 25, 2016. 10. City of San Rafael Greenhouse Gas Reduction Strategy Compliance Checklist, prepared by Ray Cassidy, project applicant, July 2016. 11. Bay Area Air Quality Management District (BAAQMD), 2011 Revised, California Environmental Quality Act Air Quality Guidelines. 12. California Air Resources Board (CARB), 2014, Area Designations: Activities and Maps, http://www.arb.ca.gov/desig/adm/adm.htm, July 25, 2016. 13. WRA Environmental Consultants, Biological Assessment for Residential Home Construction at 51 Gold Hill Grade, San Rafael, California, August 18, 2015. 14. San Rafael Municipal Code, Chapter 4.12 – Wildland Urban Interface – Vegetation Management Standard, Ordinance 1856, adopted by San Rafael City Council, July 16, 2007 15. San Rafael Historical/Architectural Survey Final Inventory List of Structures and Uses, Charles Hall Page and Associates, Inc. and City of San Rafael Cultural Affairs Department, updated September 1986. 16. PastFinder Archaeological Database, Archaeological Sensitivity Report, adopted October 2001, generated March 2016, citing a 1997 report by Greg Moore, “A Cultural Resources Evaluation of the Gold Hill Grade Property, APN 15-250-55 & 015-250-28, San Rafael, Marin County, California”. 17. City of San Rafael Archaeology Sensitivity Map, adopted October 2001. Environmental Checklist Form 49 51 Gold Hill Grade - Hillside Subdivision 18. Tribal consultation: Notification of proposed project within geographical area of the Federated Indian of Graton Rancheria, dated May 3, 2016 (per Public Resources Code Section 21080.3.1) 19. State Division of Mines and Geology, Alquist-Priolo Earthquake Fault Zoning Maps 20. John C. Hom and Associates, Geotechnical Report for 51 Gold Hill Grade, San Rafael, CA, dated February 9, 2015. 21. John C. Hom and Associates, Response to Comments (re: driveway stability) , 51 Gold Hill Grade, August 3, 2015. 22. Personal communication, John C. Hom, Civil Engineer, John C. Hom & Associates, July 27, 2016 23. California Environmental Protection Agency, Hazardous Waste and Substance List (Cortese List), www.envirostar.dtsc.ca.gov, accessed July 27, 2016 24. Inter-departmental and Agency Referral Memoranda: Fire Prevention Bureau , February 9, 2016 approving applicant’s proposal for an “Alterntives means and Method” for fire protection for the future proposed home on Lot 3, dated September 28, 2015. Also, follow-up e-mail confirmation to applicant confirming that Fire Chief Gray and Chief Sinnott both approve the proposed alternative means and methods. 25. Inter-departmental and Agency Memoranda: San Rafael Sanitation District referral comments for the 51 Gold Hill Grade project, dated Februiary 23, 2016. 26. Inter-departmental and Agency Memoranda: Chief Building Official 27. Inter-departmental and Agency Memoranda: Department of Public Works Department, dated February 23, 2016 28. Comment letter from Marin Municipal Water District (MMWD), dated March 7, 2016. 29. Hydrology Study, 51 Gold Hill Grade, prepared by Oberkamper and Associates, Civil Enginers, Inc., July 30, 2014. 30. City of San Rafael Municipal Code, Chapter 8.13 – Noise – Ordinance 1789, adopted by San Rafael City Council, 2002. 31. Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM). Community Panel No. 06041C0457E. Accessed July 27, 2016 32. Interdepartmental E-mail correspondence, Josh Minshall, Associate Civil Engineer, Public Works Department, dated August 8, 2016. 33. Planning project referral to Marin Sanitary Service, dated February 9, 2016 34. Redwood Landfill website: http://www.redwoodlandfill.wm.com/, Accessed August 9, 2016. Community Development Department – Planning Division P. O. Box 151560, San Rafael, CA 94915-1560 PHONE: (415) 485-3085/FAX: (415) 485-3184 Meeting Date: September 13, 2016 Agenda Item: Case Numbers: TS16-03, ED16-83, UP16-37 Project Planner: Raffi Boloyan (415) 485-3095 REPORT TO PLANNING COMMISSION SUBJECT: 1203 and 1211 Lincoln Avenue (Corner of Lincoln Ave. and Mission Ave.) – Request for Time Extensions for a Vesting Tentative Condominium Map, Environmental and Design Review Permit and Use Permit approvals for a 36-unit residential condominium project, including height and state density bonus, on a 0.68-acre corner property in the Downtown area. APN: 011-184-08 and 011-183-10; High Density Residential (HR1) District; Lafayette Capital Group, Inc., owner/applicant; File No(s): TS16-003, ED16-083 and UP16-037 (Current File Numbers TS15-004, ED15-054 & UP15-023). EXECUTIVE SUMMARY The project consists of the second formal time extension request for the Lincoln-Mission Condominium Project Vesting Tentative Map (VTM) and related entitlements. The City Subdivision Ordinance allows for no more than three one-year extensions to be granted for the project following an initial two year approval (five years total maximum time period allowed for a VTM approval). The project was granted in initial two-year approval. During the economic downturn the State and City Council granted several automatic extensions to the tentative map and zoning applications. These extensions applied to the original two-year approval and did not count as formal time extensions to the original application. The automatic extensions ended in 2015, and in August 2015 the applicant requested the first of the three possible time extensions. At this time, the applicant is requesting that a two-year extension be granted, which would become the final extension allowed for the project under the original approval. For vesting maps, and extensions, the State Subdivision Map Act establishes that the City may only apply the fees, ordinances and policies (including General Plan 2020 policies) that were in effect at the time the original application had been accepted as complete. Changes can be required only to make corrections or update to existing conditions, or to address state and federal regulations, or to address a previously unknown or new health and safety issue. There have been no substantial changes made to the site, or the City of San Rafael General Plan 2020, or Subdivision or Zoning Ordinance, or other local codes that would require new conditions or improvements to be imposed to address health or safety issues since the most recent extension granted in October 13, 2015 (PC Resolution 15-14). RECOMMENDATION It is recommended that the Planning Commission adopt a Resolution approving an extension request for the project Vesting Map, Use Permit and Design Review Permit approvals for two years (Exhibit 1). REPORT TO PLANNING COMMISSION - Case No: TS15-004; ED15-054; UP15-023 Page 2 PROPERTY FACTS Address/Location: 1203-1211 Lincoln Ave Parcel Number(s): 011-184-09 & 011-183- 10 Property Size: 0.68 acres Neighborhood: Downtown (adjacent to Lincoln/San Rafael Hill) Site Characteristics General Plan Designation Zoning Designation Existing Land-Use Project Site: High Density Residential HR1 Vacant North: High Density Residential HR1 Residential South: Fifth and Mission Residential/Office 5/M R/O Commercial East: Fifth and Mission Residential/Office and Residential/Office 5/M R/O and R/O Residential and Office West: High Density Residential HR1 Residential Site Description/Setting: The project site consists of two parcels, approximately 29,621 square feet in size, formerly developed with a residence and a 24-unit apartment complex (originally built as a motor court motel in 1936 and a single-family home constructed in 1907). The apartment structure was identified on the San Rafael Historical/Architectural Survey. The property is located on a primary vehicular entry into San Rafael (located at the northwest corner of Mission Avenue and Lincoln Avenue) and is on the outskirts of the San Rafael downtown. The surrounding development consists of a mixture of multi-family and commercial. Both Mission Avenue and Lincoln Avenue are heavily traveled thoroughfares and are constrained by traffic during peak traffic periods. Surrounding development consists of primarily single level and two story structures. The residential condominium structure located to the west is four stories and steps up the grade toward Laurel place. BACKGROUND On August 7, 2006, the City Council adopted Resolution 12016 certifying a final Environmental Impact Report (FEIR) for redevelopment of the project site with a 36-unit condominium project, which included one significant unavoidable impact associated with demolition of structures on the property that were eligible for listing on the California Register of Historic Places. The City Council adopted findings with a Statement of Overriding Considerations, by Resolution 12017, for removal of the historically significant structures. On August 7, 2006, the City Council also adopted Resolution 12018 to approve Environmental and Design Review ED04-102, Use Permit UP05-032, and Vesting Tentative Map TS05-001 for the project, consisting of a 36-unit residential condominium building with associated parking and landscaping, including a height bonus up to 45 feet, a state density bonus with concession to allow tandem parking. On July 11, 2007, the City issued a demolition permit B0705-085 for removal of existing residential and multi-family units on the property consistent with the project approvals. The work to demolish the existing buildings has been completed and the property has since remained vacant. REPORT TO PLANNING COMMISSION - Case No: TS15-004; ED15-054; UP15-023 Page 3 On August 6, 2008, Lafayette Capital Group filed a timely application requesting an extension of the project approvals TS05-001/ED04-102/UP05-032. Extensions were granted as follows:  On July 15, 2008, Senate Bill 1185 was passed which had automatically extended TS05-001 for 1 year, until August 7, 2009.  On October 8, 2008 the Zoning Administrator granted a time extension request ED08-071 and UP08-046 for the design review and height bonus zoning approvals granted under ED04-102 and UP05-032, which are related to TS05-001 (automatically extended), with a new expiration date of August 7, 2009.  On December 1, 2008, the Council adopted Ordinance 1869 that automatically extended the life of entitlements related to any other unexpired maps in the City that were granted an automatic extension by the State. On July 15, 2009, the State legislature granted a 2-year automatic extension to unexpired maps, and the City Council adopted Ordinance 1878 to apply to all related entitlements, extending the project approvals TS05-01, ED08-071 and UP08-046 to August 7, 2011. On July 13, 2011, the State granted another 2 year automatic extension to unexpired maps. San Rafael Municipal Code 15.01.155, as amended by Ordinance 1878, automatically extended related zoning entitlements, extending the project approvals to August 7, 2013. On July 11, 2013, the State granted another 2 year automatic extension to unexpired maps. San Rafael Municipal Code 15.01.155 automatically extended related zoning entitlements, extending the project approvals to August 7, 2015. On June 23, 2015, the property owner, Lafayette Capital Group filed the first regular time extension request for TS05-01, and the related entitlements ED08-071 and UP08-046. On July 8, 2015, the project was referred to Building, Fire, Public Works, and San Rafael Sanitation to review, confirm and update its conditions of approval as necessary to address any updated codes affecting health and safety requirements. On October 13, 2015 the Planning Commission approved a one (1) year time-extension (PC Resolution 15-14) with the revisions to the conditions as recommended by Building, Fire, Public Works and San Rafael Sanitation; extending project approvals to August 7, 2016. On July 21, 2016, the applicant submitted a timely request for an additional, and final, two-year extension of time, consistent with the local Subdivision Ordinance. The PC may grant the extension for up to two- years which is the maximum permitted life of the original approval, with extensions (five years total allowed). PROJECT DESCRIPTION The project requests a second formal extension of time for the Vesting Tentative Condominium Map, Use Permit and Design Review Permit approvals (originally approved by the City Council on August 7, 2006, extended automatically by State action, and formally extended by the Planning Commission on October 13, 2015). Time extensions to Vesting Tentative Maps allows the project to proceed subject to the local ordinances, fees and policies that were in effect when the project was accepted as complete for processing. The Planning Commission is required to conduct a hearing on the extension request for a Vesting Tentative Map. The applicant is requesting a two-year extension of time to record the final map REPORT TO PLANNING COMMISSION - Case No: TS15-004; ED15-054; UP15-023 Page 4 and pursue the project, which, if approved, would be the final extension of time that can be applied to the original project approvals. If the project is not pursued after all of the permitted time extensions have been exhausted, then the project would require new zoning and subdivision applications and would be subject to the current General Plan policies and Zoning Regulations in effect at that time. The project consists of a 36 unit condominium development in 4 levels over parking, with a density bonus to allow 36 units where the base density is 30 units (based on 15-31 units per gross acre). A two-foot building height bonus is included to allow 38 feet as measured by the building code, where up to 48 feet can be allowed for projects with affordable units. Six (6) affordable units are proposed; four (4) low income and two (2) moderate income units. Fifty-two (52) parking spaces are included with 2 ADA spaces and 30 tandem spaces as allowed by the state density bonus regulations. Units consist of 1 studio, 19 one-bedroom units and 16 two-bedroom units. Parking is required at 1 space each for the studio and one bedroom units requires and 2 spaces each for the 2 bedroom units. No changes are proposed to the project since the City’s original 2006 project approval. ANALYSIS San Rafael General Plan 2020 Consistency: The project proposes to extend approvals for a multi-family development which remains consistent with the underlying High Density Residential land use designation. Given that the project includes a Vesting Tentative Map, the extension cannot require changes or new conditions (including any deemed warranted to address revised General Plan policies) except as necessary to correct conditions, comply with state or federal regulations and health and safety issues. There have been no further changes to state regulations related to public health and safety over and above the changes incorporated into the 2015 PC Resolution No 15-14. Zoning Ordinance Consistency: Extension of the project includes Use Permit and Design Review Permit entitlements. The provisions for extension of these related entitlements are as follows: 14.22.140 – Use Permit Extensions A use permit may be extended (by the zoning administrator) if the findings required by Section 14.22.080 (Findings) remain valid and application is made prior to expiration. 14.25.150 – Environmental and Design Review Permit Extensions An environmental and design review permit may be extended (by the zoning administrator), if the findings required by Section 14.25.090 remain valid, there have been no substantial changes in the factual circumstances surrounding the originally approved design, and application is made prior to expiration. Given that the project includes a Vesting Tentative Map request, the same limitation on changes applies; that changes may only be made to correct conditions, or address state and federal regulations, or health and safety issues. In general, new requirements may not be imposed, even if the project is no longer consistent with new policies or zoning regulations. Therefore, the conditions have been incorporated from PC Resolution 15-14, except for UP condition 7 which is proposed for deletion because all of the pertinent conditions have been incorporated into the recent extension granted in October 2015. REPORT TO PLANNING COMMISSION - Case No: TS15-004; ED15-054; UP15-023 Page 5 Subdivision Ordinance Consistency: 15.01.130 - Time limits for map approvals and extensions As noted in this report and in the 2015 report, the City code allows three individual one (1) year time extensions to be requested and granted, following an initial two-year approval, for a total life of five (5) years from the initial map approval date. The original map was granted a life of two years, leaving the potential for three subsequent one year extensions. (Automatic time extensions granted by the state and City are not counted against the five year total life.) Given that the project includes a Vesting Tentative Map, the extension cannot require changes or new conditions (including any deemed warranted to address revised General Plan policies) except as necessary to correct conditions, comply with state or federal regulations and health and safety issues. There have been no further changes to state regulations related to public health and safety over and above the changes incorporated into the 2015 PC Resolution No 15-14. Therefore, no new conditions have been required or proposed. Existing Condition 3, howeverm has been proposed for deletion based on the fact that all pertinent conditions have been included and incorporated in the latest Time Extension approval. Furthermore, Condition’s 4g & 4h are also proposed for deletion. These two conditions applied to activities that were required at the time of demolition of the original structures, which was completed more than 7 years ago, and these are no longer pertinent. ENVIRONMENTAL DETERMINATION As noted in the Background Discussion above, the City Council certified a Final EIR for this project, and adopted a Mitigation Monitoring and Reporting Program with and Statement of Overriding Consideration Findings required pursuant to CEQA Guidelines Section 15091, and Section 15093 for unavoidable environmental impacts that could not be reduced to a level of insignificance with mitigation. The unavoidable impact consisted of demolition of an historic structure at 1211 Lincoln Avenue and an historic resource at 1203 Lincoln Avenue. The FEIR applies to the time extension request and would remain applicable. No changes to the project are proposed. Changes to the physical site condition have occurred consisting of removal of the original structures, through issuance of a City building permit granted in substantial compliance with project approvals. No other physical changes have occurred in the project area. The City baseline traffic model also currently remains unchanged at this time and will not be updated until after operation of SMART. Thus, at the time of review of this extension request, no changes in traffic conditions have been identified or anticipated. Traffic mitigation fees remain the appropriate measure to fund the improvements identified as required to address increased traffic from the project, consistent with the General Plan 2020 buildout assumptions. NEIGHBORHOOD MEETING / CORRESPONDENCE Notice of the hearing has been provided in compliance with Chapter 14.29, which included posting of a notice on-site and mailing to residents and property owners within 300 feet, and Lincoln/San Rafael Neighborhood Association at least 15 days before the meeting. No comments have been received as of the time of publication of this staff report. OPTIONS The Planning Commission has the following options: 1. Approve the application as presented (staff recommendation) REPORT TO PLANNING COMMISSION - Case No: TS15-004; ED15-054; UP15-023 Page 6 2. Approve the application with certain modifications, changes or additional conditions of approval. 3. Continue the applications to allow the applicant to address any of the Commission’s comments or concerns EXHIBITS 1. Draft Resolution Second Time Extension Approval 2. Vicinity Map 3. PC Resolution 15-14 (First Time Extension Approval) 4. Project Plans EXHIBIT 1 PC Meeting September 13, 2016 Exhibit 1 RESOLUTION NO. 16- RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING A TIME EXTENSION REQUEST FOR ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED16-083), USE PERMIT (UP16-037) FOR A HEIGHT BONUS AND A VESTING TENTATIVE CONDOMINIUM MAP (TS16-003) TO CONSTRUCT A NEW 36-UNIT RESIDENTIAL CONDOMINIUM BUILDING WITH ASSOCIATED PARKING AND LANDSCAPING LOCATED AT 1203 AND 1211 LINCOLN AVENUE (CORNER OF LINCOLN AVENUE AND MISSION AVENUE) (APNs: 011-184-08 AND 09) WHEREAS, on July 21, 2016, Lafayette Capital Group, owner, submitted the second of three possible requests, for time extension of the original project approvals granted by the City to construct a 36-unit residential condominium building at 1203 - 1211 Lincoln Avenue, in the HR1 Zone District; and WHEREAS, on August 7, 2006, the City Council certified an Environmental Impact Report for the project by adoption of Resolution 12016, adopted Statements of Overriding Considerations for the project by adoption of Resolution 12017, and approved the original project entitlements TS05-01, ED04-102, and UP05-032 for an initial period of two (2) years, until August 7, 2008, by adoption of Resolution 12018; and WHEREAS, on July 11, 2007, demolition permit B0705-085 was issued for removal of the existing residential and multi-family units on the property, consistent with the project approvals and mitigation measures, and work to demolish the existing buildings was completed on 12/25/2008; and WHEREAS, the Vesting Tentative Map and related entitlements were extended automatically on four occasions, by the state legislature (i.e., on July 15, 2008, July 15, 2009, July 13, 2011 and July 11, 2013) and by local ordinances 1869 and 1878, for one-year to two- year periods, while the related use permit and design review zoning entitlements also obtained one formal time extension by the Zoning Administrator on 10/8/08 (amended as ED08-071 and UP08-046); and WHEREAS, on June 23, 2015, Lafayette Capital Group, owner, had submitted the first formal request for time extension of the project approvals, which were authorized by the Planning Commission by adoption of Resolution PC15-14 on October 13, 2015 with a revised expiration date of August 7, 2016 (File No.s ED15-054, UP15-023 and TS15-004); and WHEREAS, an extension for a Vesting Tentative Map establishes that only fees, ordinances and policies (including General Plan 2020) in effect at the time of the original application submittal was deemed complete may be applied to the extension request, and that only changes may be made to correct or update conditions, to address state and federal regulations and health and safety issues; and - 2 - WHEREAS, staff has incorporated all of the findings, conditions and mitigation measures that were reflected in the most recently adopted resolution for approval of the time extension granted in October, Resolution No 15-14, which includes the updates to Planning, Fire and Public Works conditions to address site conditions and codes that were identified to preserve and address public health and safety requirements; and WHEREAS, time extensions for a Tentative Map can be granted for twelve (12) months, with additional extensions beyond the initial twelve (12) month extension possible, provided that the life of the tentative map approval does not exceed a total of five (5) years from initial approval date (which is tolled based on the automatic extensions granted by the State); whereby the project may ask for no more than three formal extensions including this one in order to obtain up to three years of additional time to file the final map, under the current vested rights granted to the original project approval (i.e., extensions possible until August 7, 2018), after which time a new application may be required if the project map has not been recorded and vested; and WHEREAS, the applicant requests that this extension for the Tentative Map be granted for the balance of the remaining two years left in the total life of the tentative map approval; and WHEREAS, notice of this public hearing has been provided in compliance with San Rafael Municipal Code Chapter 14.29, including posting of the public hearing notice on the property, mailing to residents and occupants within 300 feet of the property, and mailing to the Lincoln-Fairhills neighborhood association at least 15 days prior to the public hearing; and WHEREAS, the City Council in certifying the Environmental Impact Report for the project by adoption of Resolution 12016, adoption of Statements of Overriding Considerations for the project by adoption of Resolution 12017 which included at least one adverse unavoidable impact (i.e., removal of historic structures at 1203 and 1211 Lincoln Avenue which were eligible for the California Register of Historic Places), and findings for approval of the project entitlements TS05-01, ED04-102, and UP05-032 by adoption of Resolution 12018, included findings required pursuant to CEQA Sections 15091 and 15093 and these findings remain valid and apply to this time extension request and are incorporated herein and by reference; and WHEREAS, the San Rafael Planning Commission held a duly noticed public hearing on the project, accepting all oral and written public testimony and the written report of the Community Development Department staff; and WHEREAS, the Community Development Department, Planning Division is the custodian for all documents which constitute the record of proceedings for this project; and WHEREAS, a current outstanding balance for unpaid Planning Department processing fees has been documented in the amount of $5,328.67 and EIR preparation fees of $27,995.65 (An accounting detail of these charges was provided to the applicant on November 28, 2006), which would be requested to be paid before filing of the vesting map in accordance with the applicable City fee schedule. - 3 - NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following findings: Findings (UP16-037) Use Permit (Height Bonus) A. A timely extension request was filed by Lafayette Capital Group on July 21, 2016, prior to the expiration date of August 7, 2016. B. The Findings under Planning Commission Resolution 15-14 adopted for the Project on October 13, 2015 remain valid given that no change in circumstances have occurred, as follows: 1) The property remains regulated under the same zoning and general plan land use policies and regulations and given that the project includes a vesting tentative map, the project is subject only to those fees, ordinances and policies in effect at the time of the original application submittal. 2) The environmental characteristics of the site have not changed. 3) The mitigation measures adopted for the project remain valid and are being implemented consistent with the Mitigation Monitoring and Reporting Program. 4) No revisions have been identified as necessary to address any health and safety regulations or any state or federal requirements. C. The findings for approval of the UP15-023 Time Extension, and related design review and subdivision entitlements granting approval for a 36 unit condominium project and associated parking with a height bonus for affordable units are hereby reaffirmed as follows: 1) The proposed residential use, as conditioned, is in accord and consistent with the San Rafael General Plan 2020, the purposes of the Zoning Ordinance (Title 14 of the San Rafael Municipal Code), and the purposes of the High Density Residential HR1 District (Chapter 14.04 of the San Rafael Municipal Code) in that: a) The proposed development would result in a gross density of 30 units per acre, excluding the density bonus units, which would be within the density range permitted under the General Plan 2020, High Density Residential land use designation (15 to 32 dwelling units per gross acre); b) The maximum height of the proposed building is 38 feet as measured under provisions of the Zoning Ordinance and California Uniform Building Code, which is consistent with Land Use Element Exhibit 7 (Building Height Limits) and Land Use Policy LU-13 (Height Bonuses) allowing a maximum height of 48 feet since the project qualifies for up to a 12-foot height bonus for inclusion of affordable housing units; c) The proposed high density residential project is located at the intersection of two major arterial streets, both of which allow and are developed with other high density housing projects, including the four-story condominium development immediately west of the project site (as shown on original application plan Exhibits 1a, 1b, 1c, 2a and 2b to CC Resolution 12018), with available traffic capacity within adopted level-of-service standards in the General Plan and adequate existing infrastructure to provide utilities, consistent with Policy LU-8 Density of Residential Development; - 4 - d) The proposed project was considered under the City’s Traffic Allocation Model and qualified for an exemption from the Project Selection Process under the provisions of City Council Resolution 11666 since the project would generate less than 10 peak hour trips, and was therefore deemed consistent with the applicable Land Use Policy LU-3 and LU-3a (Project Selection Process); which has subsequently been rescinded and no longer applies to development. e) The high-density design, setbacks and height of the proposed project are consistent with those of other properties in the Lincoln Avenue and Mission Avenue corridors which includes several residential structures of 3 to 5 stories including the adjacent structures at 820 Mission (45 feet tall) and 1215 Lincoln (30 feet tall) (see original applicant plan Exhibits 1a, 1b, 1c, to CC Resolution 12018), and the proposed project incorporates numerous transitions in setbacks and heights through the staggering of balconies, building stepbacks (see original application plan Exhibits 2a and 2b to CC Resolution 12018), recessing the fifth floor by setbacks of 59 feet from the Lincoln Avenue property line and 56 feet from the Mission Avenue property line, inclusion of a rear landscaped courtyard which sets the building face back 30 feet from the northern property line adjacent to other residential properties, and incorporation of landscaped setbacks of between 15 and 23 feet on Lincoln and between 19 and 28 feet on Mission which exceed the minimum required setbacks (see original application plan Exhibit 3a to CC Resolution 12018) and exceed existing street setbacks on numerous existing high density developments along these streets (see original application plan Exhibit 3b to CC Resolution 12018) and is therefore consistent with Housing Policy H-3 (Design That Fits into the Neighborhood Context); f) The application process included numerous meetings with neighborhood groups and the Federation of San Rafael Neighborhoods consistent with Housing Policy H-4 (Public Information and Participation); g) The proposed redevelopment is the result of City housing inspections by the Building and Safety Division, Code Enforcement Division and Fire Department in 2002 which identified numerous violations of housing, building and fire codes and would remove substandard housing units consistent with Housing Policy H-11 (Housing Conditions and Maintenance), Program H-11(a) (Apartment Inspection Program) and Neighborhood Policy NH-4 (Improve Property Maintenance); h) The proposed project would develop a site within an area identified for appropriate increases in housing included in Appendix B (Housing Element Background) Summary of Potential Housing Sites, Exhibit BB – Example Downtown Development Sites and is therefore consistent with Housing Program H-18a (Affordable Housing Sites); i) The proposed project would be developed at the maximum of the density range for the High Density Residential land use category and is therefore consistent with Housing Program 18b (Efficient Use of Housing Sites); j) The proposed project would provide six (6) deed-restricted affordable housing units including four (4) priced for-sale to low-income households and two (2) priced for-sale to moderate-income households which exceeds the minimum requirements of Housing Policy H-19 (Inclusionary Housing Requirements); - 5 - k) The proposed project, by including 6 affordable housing units, proposes to utilize provisions of the State Density Bonus Law resulting in 7 bonus units, and proposes to utilize the height bonus allowed in Land Use Policy LU-13, and is therefore consistent with Housing Program H-21 (Density Bonuses and Other Regulatory Incentives for Affordable Housing); l) The proposed project would locate high density residential along bus corridor on Lincoln Avenue (GGT Routes 57 and 59) and within one-fifth mile of the Downtown Bettini Transportation Center (with 19 GGT bus routes) and a potential SMART light rail station, consistent with Housing Policy H-22 (Infill Near Transit); m) The proposed project would enhance neighborhood image by replacing two dilapidated structures in a very visible location at the intersection of Lincoln and Mission Avenues, would incorporate sensitive transitions in height and setbacks with 8 different roof heights along Mission and 7 along Lincoln (see Exhibits 2a and 2b to CC Resolution 12018), projecting and recessed balconies along both frontages, recessing the fifth floor by setbacks of 59 feet from the Lincoln Avenue property line and 56 feet from the Mission Avenue property line, inclusion of a rear landscaped courtyard which sets the building face back 30 feet from the northern property line adjacent to other residential properties, and incorporation of landscaped setbacks of between 15 and 23 feet on Lincoln and between 19 and 28 feet on Mission which exceed the minimum required setbacks (see Exhibit 3a to CC Resolution 12018) and existing street setbacks on numerous existing high density developments along these streets (see Exhibit 3b to CC Resolution 12018), would respect privacy and adjacent development by careful placement of windows along common property lines as considered by the Design Review Board, by recessing the fifth floor substantially from both Lincoln and Mission Avenues, by providing greater building setbacks than many other high density residential developments along both street corridors and by incorporating a rear landscaped courtyard which sets the building face back 30 feet from the northern property line adjacent to other residential properties, would maintain infrastructure service levels by not exceeding the traffic levels-of-service as documented in the Final EIR and would provide adequate parking by meeting the state-mandated parking requirements of the Density Bonus Law (California Government Code Sections 65915-65918) and is therefore consistent with Neighborhood Policy NH-2. The project would not preserve existing structures which have been found in the Final EIR to be historic resources; n) The project would include a parking area within the landscaped setback for service vehicles which is not required by the Zoning Ordinance but which was requested by the neighborhood and required by the Planning Commission, and is therefore consistent with Neighborhood Program NH-8b (Additional On-Site Parking); o) Neighborhood Policy NH-116 specifically addresses the Lincoln Avenue corridor and states, “allow higher density residential development along Lincoln Avenue between Hammondale Court and Mission Avenue given its good access to public transit. Promote lot consolidations to achieve higher densities and minimizing ingress/egress to Lincoln Avenue; maintain 15-foot setbacks and street trees as corridor amenities to provide a landscaped streetscape. Promote high-density residential development along Lincoln Avenue, consistent with its existing character and good access to public transit. - 6 - Encourage redevelopment of these sites for residential use, consistent with the surrounding neighborhood. Encourage lot consolidations to achieve more efficient redevelopment project designs. Encourage underground parking for any new or substantial redevelopment project along Lincoln Avenue. Design all new projects and substantial remodels in accordance with Noise Element policies. Require setbacks and other project design features that visually reduce the wall effect along Lincoln Avenue. Encourage underground parking in new development to reduce building mass and height.” The project meets these criteria by being a high-density redevelopment project at the intersection of Lincoln and Mission Avenues, by consolidating two parcels to increase frontage along Lincoln, by including an underground parking garage and two access points along Lincoln and Mission Avenues, by reducing access points along Mission Avenue by eliminating six existing driveway curb cuts, by providing construction methods that will comply with City and State noise standards for condominium housing, by providing a minimum 15-foot setback along Lincoln Avenue including landscaping and street trees, and by incorporating various roof levels, balcony projections and varied setbacks to reduce building bulk and a “wall effect” along Lincoln Avenue; p) The project would not preserve two structures determined to be historic resources, but would preserve and enhance the scale and landscaped character of the City‘s residential neighborhoods by eliminating buildings which are presently largely vacant and dilapidated, by increasing landscaping along both the Lincoln and Mission Avenue frontages compared to the extremely minimal existing landscaping and by designing the structure to appear as a four-story building consistent with the heights of other multi- family residential buildings in the vicinity by recessing the fifth floor substantially, and is therefore partially inconsistent and partially consistent with Community Design Policy CD-3 (Neighborhoods); q) The project would not be consistent with Community Design Policy CD-4 (Historic Resources) since it would remove structures which have been determined to be historic resources; r) The project was determined in the Final EIR to not block views of San Rafael Hill from the Lincoln or Mission Avenue approaches and surrounding sidewalks and is therefore consistent with Community Design Policy CD-5 (Views); s) The project would include a landscaped courtyard and community room at the rear of the site as well as private balconies for all units, complying with size requirements of the Zoning Ordinance and is therefore consistent with Community Design Policy CD-14 (Recreational Areas); t) The project would include six units of affordable housing with priority for occupancy by public agency employees near Downtown and public buildings and is therefore consistent with Economic Vitality Policy EV-12 (Workforce Housing); u) Net traffic generation from the project would not change level of service (LOS) at any of 17 studies intersections, increasing delay during peak hours by between 0.1 and 0.5 seconds and adding 40 daily trips to Lincoln Avenue which currently carries approximately 19,000 daily vehicles (a 0.2% increase) and is therefore consistent with Circulation Policy C-5 (Traffic Level of Service Standards); - 7 - v) The project would be required to contribute approximately $ 25,476 in traffic mitigation fees to be used towards future traffic improvements contained in General Plan 2020 and is therefore in compliance with Circulation Policy C-7 (Circulation Improvements Funding); w) The project, with inclusion of a Mission Avenue entrance, would add minimal traffic to Laurel Place and Nye Street (5 additional trips – a 0.6% increase) and is therefore consistent with Circulation Policy C-21 (Residential Traffic Calming); x) The project will provide new street trees along both Lincoln and Mission Avenues and is therefore consistent with Infrastructure Policy I-8 (Street Trees); y) The San Rafael Sanitation District has adequate sewer capacity for the proposed project, consistent with Infrastructure Policy I-10 (Sewer Facilities); z) The project would demolish two structures, both of which were determined by the Final EIR to be historic resources for purposes of CEQA and one of which is included on the San Rafael Historical/Architectural Survey with a rating of “good”, and would therefore not be in compliance with Culture and Arts Policy CA-13 (Historic Buildings and Areas); aa) The project would not be able to incorporate or reuse the existing historic buildings which are in poor condition and do not lend themselves for use for multi-family housing as determined by analysis of rehabilitation costs and a financial return analysis included in Attachment 2, Exhibits 1a, 1b and 1c, and is therefore not consistent with Culture and Arts Policy CA-14 (Reuse of Historic Buildings); bb) The project site was evaluated for archaeological resources and found unlikely to contain such resources, consistent with Culture and Arts Policy CA-15 (Protection of Archeological Resources); cc) The project provides an interior landscaped courtyard and community room and is therefore consistent with Parks and Recreation Policy PR-10 (Onsite Recreation Facilities); dd) The project would be required to contribute to future park facilities by payment of park impact fees of approximately $21,647, consistent with Parks and Recreation Policy PR-25 (Contributions by Ownership Residential Development); ee) The project would be consistent with Safety Policies S-1 (Location of Future Development), S-3 (Use of Hazard Maps in Development Review), S-4 (Geotechnical Review), S-6 (Seismic Safety of New Buildings), S-25 (Regional Water Quality Control Board Requirements) and S-32 (Safety Review) by being proposed on a site not subject to flooding or landslides and located in an area currently served by emergency personnel. The project would be required to comply with provisions of the California Building Code, preparation of a Storm Water Pollution Prevention Plan, and would be reviewed by City Police and Fire personnel. A geotechnical investigation was prepared for the project and determined that the site is suitable for the proposed project, and is subject to conditions of approval; ff) The project would be consistent with the purposes of the Zoning Ordinance, as stated in Section 14.01.030 of the Zoning Ordinance, by providing a high-density multi-family - 8 - development within the density range of the High Density Residential (HR1) District in an area of similar zoning, by complying with the City’s traffic level-of-service standards, by being located in an area with existing and adequate infrastructure including roads, utilities, emergency services, and transit, by complying with provisions of the California Building Code, by complying with the policies of General Plan 2020 as documented above, by locating high-density housing in close proximity to high-density jobs in the Downtown, by providing additional ownership and affordable housing in close proximity to jobs, by providing an underground parking garage with only two entrance points which were found to provide adequate site distance and minimal traffic impacts, by providing off-street parking for service vehicles, by providing varied and greater landscaped setbacks along the Lincoln and Mission Avenue corridors than required by the HR1 District (see Exhibit 3a to CC Resolution 12018), by incorporating varied roof heights and building stepbacks to reduce the appearance of building bulk (see Exhibits 2a and 2b to CC Resolution 12018), and by its review which included numerous neighborhood meetings and public hearings before the Design Review Board, Planning Commission and City Council. The project would not be consistent with the purpose of preserving historic resources; and gg) The project would be consistent with the purposes of the High Density Residential (HR1) District, as stated in Section 14.04.010 of the Zoning Ordinance by being in compliance with the density and other development regulations of this District, by providing high-density housing in a neighborhood of higher but varied densities, by contributing to existing development patterns and varied design character in the area, by being located on a site with no environmental constraints such as flooding, landslides, or geotechnical problems and with adequate infrastructure, and by including a landscaped courtyard and community room for residents. 2) The proposed project, as conditioned, would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City in that a Final Environmental Impact Report has been prepared and adopted for the project pursuant to the provisions of the California Environmental Quality Act which found only one significant unavoidable impact for which the City Council has found acceptable through adoption of findings of overriding consideration, through its consistency with the policies and programs of General Plan 2020 as documented above, due to its incorporation of design features to minimize the impacts of building mass as documented in Findings C.1)(e), 1(m), 1(n), 1(o) and 1(s) above and since the project design was reviewed by the Design Review Board and the Planning Commission and recommended for approval, and Building, Fire, Public Works, San Rafael Sanitation District, Marin Municipal Water District have reviewed the project and incorporated conditions required to assure the site would be adequately served and protected in accordance with health and safety regulations. 3) The proposed project complies with all regulations contained in the Zoning Ordinance including maximum height, building setbacks, landscaping, recreational space, affordable housing, and complies with mandatory parking maximums of California Government Code Sections 65915-65918. - 9 - Findings (ED16-083) Design Review A. The findings for approval of ED16-083 Time Extension, granting approval for a 36 unit condominium project and associated parking height increase and affordable units are hereby affirmed as follows: 1) The proposed project is in accord with the San Rafael General Plan 2020 as documented in Use Permit Finding C.1 above. 2) The proposed project is consistent with the objectives and criteria of the Zoning Ordinance as documented in Use Permit Finding C.1 above. B. The proposed project remains consistent with the purposes of Chapter 14.25 of the Zoning Ordinance (Environmental and Design Review) in that: 1) The project maintains a proper balance between development and the natural environment by redeveloping two sites which have been fully developed for decades and in an urbanized setting; 2) The project maintains and improves the quality of, and relationship between, development and the surrounding area to contribute to the attractiveness of the city, preserves balance and harmony within neighborhoods, promotes design excellence and minimizes impacts on adjacent residences, and is designed to be compatible with the existing neighborhood by locating a high-density residential development in an area with existing high-density development as shown on Exhibits 1a, 1b and 1c to CC Resolution 12018, by providing landscaped setbacks along Lincoln and Mission Avenues which equal or exceed those of other high-density residential projects in the vicinity as shown on Exhibits 3a and 3b to CC Resolution 12018, by replacing dilapidated existing structures, by incorporating varied roof heights and building stepbacks to reduce the appearance of building mass as shown on Exhibits 2a and 2b to CC Resolution 12018, by incorporating a Mission design style of which there are numerous examples in the surrounding area, and by incorporating substantial detailing to provide quality architecture; and 3) The project, by incorporation of building stepbacks would preserve views of San Rafael Hill from surrounding streets and sidewalks as documented in the Final EIR. C. The project design is consistent with the San Rafael Design Guidelines (November, 2004) in that the building design incorporates extensive façade articulation, varied setbacks (see Exhibit 3a to CC Resolution 12018), and building stepbacks to help transition the building into the existing neighborhood and minimize apparent height differences (see Exhibits 2a and 2b to CC Resolution 12018); roof equipment is screened and roof vents are minimized; the building entry is highlighted with an entry feature, corner plaza and tower element; window proportions and placement were analyzed by the Design Review Board and found appropriate; garage entries are limited and parking is not visible in the subterranean garage; the garage layout was found to be appropriate by the City Traffic Engineer; the street yards are well landscaped with building setbacks that exceed the minimum requirements and will enhance the quality of the site compared with the existing site character; lighting will be minimal and shielded; long wall lengths are minimized by frequent building articulation and varied setbacks and rooflines; retaining walls are landscaped; street trees will be provided; - 10 - and the building is oriented towards the street with ground floor units and a prominent entry plaza and entry feature at the focal corner of Mission and Lincoln Avenues. D. The project design, as conditioned, minimizes environmental impacts as documented in the Final EIR, which determined that significant environmental impacts either did not exist or could be minimized through conditions of approval to a level of insignificance, with the exception of the loss of historic structures. E. The project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity as documented in Use Permit Finding C.2 above. Findings (TS16-003) Vesting Tentative Condominium Map A. There have been no changes in circumstances associated with the site, including environmental or site constraints, and no health or safety issues that would warrant any revised conditions or project modifications or otherwise alter the findings upon which the original approval was based, as discussed in Use Permit Findings A and B above. B. As proposed and conditioned, the time extension for Vesting Tentative Map, along with the accompanying improvements would remain compliant with the applicable requirements of the San Rafael Subdivision Ordinance (Title 15 of the San Rafael Municipal Code), including minimum lot size, and the provisions of the State Subdivision Map Act, and the map and improvements would satisfy the required findings cited below. C. As proposed and conditioned, the subdivision, together with its design and improvements remains consistent with the applicable objectives, goals and policies of the San Rafael General Plan 2020 as documented in Use Permit Finding C.1 above. D. The subject property remains physically suitable for the type, density and intensity of development and is not likely to cause substantial environmental damage or cause serious health problems in that a Final EIR has been prepared and adopted by the City Council which contains information supporting the suitability of the site for the proposed development with the exception of the proposed demolition of structures found to be historic resources, adequate services, infrastructure and utility systems are available to serve the proposed development, adequate provisions are included for required parking, landscape improvements and recreational facilities for residents, and the project design was reviewed by local agencies and the Design Review Board and the Planning Commission and recommended for approval, as discussed in Use Permit finding C.2 above. E. As proposed and conditioned, the proposed subdivision would not conflict with any existing or required easements. BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Rafael approves the Use Permit and Environmental and Design Review Permit subject to the following conditions: - 11 - Conditions of Approval (TS16-003) Vesting Tentative Condominium Map Time Extension 1. This second allowable time extension for Vesting Tentative Map TS15-004 shall be valid for a period of two (2) year as provided by San Rafael Municipal Code Title 15, until August 7, 2018, during which time the applicant shall implement the project by filing for and recording the final map. If the project has not recorded a Final Map for the project before the expiration date, the project may only proceed upon filing of an entirely new subdivision and zoning request which will be subject to compliance with then applicable local codes and ordinances.. 2. This time extension approval shall run concurrently with related zoning entitlements (ED16- 083 & UP16-037), and all conditions of the related zoning entitlements shall be incorporated by reference. 3. All conditions of original approval TS05-001 and the related zoning entitlements that remain valid and not completed shall be incorporated herein by reference. The Community Development Director shall determine the extent that any condition which has been removed, omitted or modified by this extension request may remain applicable to implement the project entitlements. Mitigation Measures 4. The following project Mitigation Measures are required and incorporated into the project approvals: a. The following controls shall be implemented during demolition: • Water during demolition of structures and break-up of pavement to control dust generation; • Cover all trucks hauling demolition debris from the site; and • Use dust-proof chutes to load debris into trucks whenever feasible. b. The following controls shall be implemented at all construction sites: • Water all active construction areas at least twice daily and more often during windy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic stabilizers to control dust; • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard; • Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites; • Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at construction sites; water sweepers shall vacuum up excess water to avoid runoff-related impacts to water quality; • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; • Apply non-toxic soil stabilizers to inactive construction areas; - 12 - • Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.); • Limit traffic speeds on unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; • Replant vegetation in disturbed areas as quickly as possible. • Install base rock at entryways for all exiting trucks, and wash off the tires or tracks of all trucks and equipment in designated areas before leaving the site; and • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mph. c. Forced-air mechanical ventilation systems shall be included in the design so that a habitable indoor environment can be maintained if windows must be closed to meet the indoor standard be provided for units 1-8, 13-22 and 27-36. d. The project applicant shall obtain a permit, if needed, to exceed the City’s maximum allowable construction noise level of 90 dBA. The on-site complaint and enforcement manager shall have and be trained in the use of a sound meter and shall monitor construction noise to assure that levels do not exceed 90 dBA in the method prescribed by the San Rafael Noise Ordinance. e. All construction and grading activities shall conform to the hours listed in section 8.13.050 part A of the City’s Noise Ordinance, with the exception of work not being allowed on Saturdays. Therefore, all noise generating construction activities shall be limited to between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday. Construction shall not occur on Saturdays, Sundays or holidays. f. To reduce daytime noise impacts due to construction, to the maximum feasible extent, the City shall require the applicant to develop a site-specific noise reduction program, subject to City review and approval, which includes the following measures: • Signs shall be posted describing the permitted hours of construction in a conspicuous location near the property entrance legible from the edge of the roadway. The exact wording of the sign is prescribed by the City’s Noise Ordinance. • An on-site complaint and enforcement manager shall be designated to respond to and track complaints. • A pre-construction meeting shall be held with the job inspectors and the general contractor/on-site project manager to confirm that noise mitigation and practices are completed prior to the issuance of a building permit (including construction hours, neighborhood notification, posted signs, etc.). • Equipment and trucks used for project construction shall utilize the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds, wherever feasible). • Impact tools (e.g., jack hammers, pavement breakers, and rock drills) used for project construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed-air exhaust from pneumatically powered tools. - 13 - However, where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed-air exhaust shall be used. Quieter procedures shall be used, such as drills rather than impact equipment, whenever feasible. • Stationary noise sources shall be located as far from the adjacent residences as possible, and they shall be muffled and enclosed within temporary sheds, or insulation barriers or other measures shall be incorporated to the extent feasible. g. The buildings at 1203 Lincoln Avenue shall be documented to Historic American Buildings Survey (HABS) Level 3 standards, according to the Outline Format described in the Historic American Buildings Survey Guidelines for Preparing Written Historical Descriptive Data. Photographic documentation shall follow the Photographic Specifications – Historic American Building Survey, including 15 to 20 archival quality large-format photographs of the exterior and interior of the building and its architectural elements. Construction techniques and architectural details shall be documented, especially noting the measurements of structural members, hardware, and other features that tie the architectural elements to a specific date. A copy of the documentation, with original photo negatives and prints, shall be placed in a historical archive or history collection accessible to the general public. Additionally, the developer shall fund an exhibit of the historical survey at the Marin Historical Society, the Anne T. Kent California Room at the Marin County Library Civic Center Branch. Five copies of the documentation with archival photographs shall be produced for distribution to local and regional repositories. One copy shall be provided to the Northwest Information Center of the California Historical Resources Information System, Sonoma State University, Rohnert Park, California. h. The home at 1211 Lincoln Avenue shall be documented to Historic American Buildings Survey (HABS) Level 3 standards, according to the Outline Format described in the Historic American Buildings Survey Guidelines for Preparing Written Historical Descriptive Data. Photographic documentation shall follow the Photographic Specifications – Historic American Building Survey, including 15-20 archival quality large-format photographs of the exterior and interior of the building and its architectural elements. Construction techniques and architectural details shall be documented, especially noting the measurements of structural members, hardware, and other features that tie the architectural elements to a specific date. A copy of the documentation, with original photo negatives and prints, shall be placed in a historical archive or history collection accessible to the general public. i. If prehistoric or historical archaeological materials are encountered during project construction, all work within 25 feet of the discovery shall be redirected and a qualified archaeologist contacted to evaluate the finds and make recommendations. Disturbance to resource should be avoided to minimize adverse effects. If such deposits cannot be avoided, they shall be evaluated for their eligibility for listing on the California Register (i.e., it shall be determined whether they qualify as historical or unique archaeological resources under CEQA). If the deposits are not eligible, further avoidance is not necessary. If the deposits are eligible, and avoidance is not feasible, the adverse effects shall be mitigated. Upon completion of an archaeological assessment, a report shall be prepared documenting the methods, results and recommendations. Findings of the report - 14 - shall be submitted to TWM Architects and Planners, the City of San Rafael and the Northwest Information Center (NWIC). j. Should human remains be encountered by project activities, work within 25 feet of the discovery shall be redirected and the County Coroner notified immediately. If the County Coroner determines the human remains are of Native American origin, the Coroner shall notify the Native American Heritage Commission (NAHC) within 24 hours of this identification, and a qualified archaeologist shall be contacted to evaluate the situation. The NAHC shall identify the person or persons it believes to be the most likely descended (MLD) to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. Upon completion of such analysis and/or recovery, the archaeologist shall prepare a report documenting the methods and results of the investigation and provide recommendations for the treatment of the human remains and any associated cultural materials, as appropriate and in coordination with the recommendations for the proper treatment of the remains and associated grave goods. This report shall be submitted to the City, the project applicant, and the NWIC. k. If paleontological resources are encountered during project activities, all work within 25 feet of the discovery shall be redirected until a qualified paleontologist has evaluated the discoveries, prepared a fossil locality form documenting the discovery, and made recommendations regarding the treatment of the resources. If the paleontological resources are found to be significant, adverse effects to such resources shall be avoided by project activities. If project activities cannot avoid the resources, adverse effects shall be mitigated. At a minimum, mitigation shall include data recovery and analysis, preparation of a data recovery report or other reports as appropriate, and donating the fossil material recovered to a paleontological repository, such as the University of California Museum of Paleontology (UCMP). Mitigation may also include monitoring of project-related ground-disturbance. Upon completion of project activities, a report that documents the methods and findings of the mitigation shall be prepared and copies shall be submitted to the appropriate city agencies, and to the repository to which fossils were accessioned. l. Specific lighting proposals shall be reviewed and approved by the City prior to installation. All exterior lighting shall be shielded down. Following issuance of a certificate of occupancy, all exterior lighting shall be subject to a 30-day lighting level review by Planning Division staff to minimize lighting and glare off-site and ensure compatibility with the surrounding area. Public Works Department 5. All improvement plans must be on paper size 24”X36”. 6. The site plan shall include grading and drainage plans, contours and existing conditions 30 feet beyond the project boundaries. 7. Delineate and describe all existing easements mentioned in the preliminary title report. 8. No structures are permitted over any dedicated public utility, storm and sanitary sewer easements. 9. Submit improvement plans for frontage improvements to include the following: - 15 -  Replace all curb and gutter and sidewalk fronting Mission and Lincoln Avenue. Remove all driveways not in use.  Sidewalk on Mission Avenue shall be at least 6’ from behind back of curb and a clear 4’ minimum sidewalk around any obstruction such as utility pole, fire hydrant, etc.  Sidewalk on Lincoln Avenue shall consist of a 4’ planter behind curb with a minimum 6’ wide sidewalk.  All improvements must be in compliance with the most recent editions of Title 2 of the American Disability Act and Title 24 of the California Code Regulations. Relocation of existing street facilities may be required.  Extend existing storm drain on Lincoln Avenue by installing a new storm drain from the existing catch basin near Mission Avenue to the north side of the proposed driveway on Lincoln Avenue.  Replacement of existing corrugated metal pipes from catch basins at the northwest corner of Mission and Lincoln to the manhole in the middle of the intersection may be required.  Replacement of existing catch basins on and near Mission Avenue may be required.  Check invert grade of existing catch basins on Lincoln and Mission Avenues with garage grade. Design storm drainage system to prevent flooding inside the garage during any storm drain flow condition in existing City storm drainage system.  Design drainage system to ensure no public water from the City storm drain enters private property or private storm drainage system. This preventive facility (if any) shall be maintained by the Homeowner Association and shall be addressed in the Conditions Conveyances and Restrictions (CC&Rs).  All utilities must be underground from existing utility pole in streets adjacent to the development. 10. An encroachment permit is required for improvement works in the public right of way. 11. Show on plan and final map all existing and new easements within the subdivision. 12. Submit final map and required fees, in accordance and conformance with the Subdivision Map Act and San Rafael Subdivision Ordinance, for review and approval by the City Engineer and City Council. Plans and Agreement and Securities 13. Project CC&Rs shall be reviewed and approved by the City Attorney’s office prior to submittal of final map. 14. A Subdivision Agreement will be entered into with the City, prior to acceptance of final map. 15. Submit Engineer estimate for site and frontage improvements for bond purpose. Estimate to be approved by City Engineer. 16. The required bonds or other approved security will be furnished to the City in accordance with the Subdivision Agreement to ensure completion of improvements for both public and common area. - 16 - 17. Prior to acceptance of final map, plan checking and inspection fee shall be paid based on approved engineer estimate for both the public and common areas in accordance with the City’s master fee schedule. 18. Submit improvement and grading plans, conforming to the approved tentative improvement plans, conditions of approval, design review, Mitigated Negative Declaration, geotechnical report and response, etc. 19. A geotechnical report must be submitted with the final map application and is subject to review and approval by Geotechnical Review Board. The applicant shall make a deposit with the City Engineer to cover the cost to make this review. 20. Submit as-built improvement plans on 24”X36” mylar with final soil report and certifications upon completion of the subdivision agreement. Storm Drainage 21. The improvement plans shall show existing and proposed drainage facilities. The proposed drainage facilities shall meet current MCSTOPP requirements in compliance with the State Water Resources Control Board. 22. Do not block existing drainage from adjacent properties. Re-route drainage as required. 23. A hydrology and hydraulics analysis on the project site, based on 25 years storm frequency shall be submitted as part of the final map application. 24. All downspouts shall be directed to landscaping area for treatment before discharge into City storm drainage system. 25. Refuse area must be covered, bermed and plumbed into the sanitary sewer. Sanitary Sewers Please note the conditions on sanitary sewers are to be administered by the San Rafael Sanitation District 26. The improvement drawing shall show the location of existing and proposed sanitary sewers facilities. 27. All sewers shall be PVC, type C900, designed with flexible, water-tight joints to accommodate predicted settlement. 28. The sanitary sewer shall be designed, installed and tested in accordance with the San Rafael Sanitation District specifications and drawing. Streets and Traffic 29. Street and traffic design shall conform to the Cities and County of Marin standard specifications and uniform construction standards, unless otherwise noted or approved by appropriate departments of the City of San Rafael. 30. The improvement plans shall show vertical and horizontal alignments of roadway. 31. Typical street sections shall be as shown as per approved tentative map and plans. - 17 - 32. The onsite traffic circulation and parking plan shall be subjected to the approval of the Traffic Engineer and by the Fire Marshal. 33. The parking and on site pavement shall be designed to a traffic index of 5 or a traffic index determined by the Traffic Engineer. It shall be designed by the soil engineer/civil engineer and will be submitted to the Traffic Engineer for approval. 34. Full width repaving is required for moratorium streets. Repaving shall be at least from curb to curb and 10’ from either side of the subsurface disturbance, as determined by Public Works. Moratorium streets are determined based on the condition of the roadway and are subject to change. Please note that Mission Ave. and the portion of Lincoln Ave. south of Mission Ave are currently moratorium streets. 35. Show signs, striping, legends and other traffic control devices. 36. Wheel chair ramp, sidewalk and footpath shall be in compliance with the most current editions of Title 2 of the American Disability Act and Title 24 of the California Code Regulations. Improvement plans shall provide details and sufficient elevations to ensure feasibility of the design. 37. Provide a detail plan (Scale ¼” to a foot) with grades and elevations for the ADA ramp in the corner of Lincoln Avenue and Mission Avenue. Show ramp design in conjunction with the proposed corner landscaping improvements. Utilities 38. The improvement plans shall show all proposed and existing utilities, including locations of fire hydrant, street light, utility boxes and services, etc. 39. All utilities shall be underground. 40. The improvements plans shall be reviewed and signed by each of the respective utility companies. 41. Prior to recordation of the final map, written verification shall be submitted from each of the respective utility companies indicating that they have reviewed the utility plan and the soil report. 42. Fire hydrants shall be installed in public utility easements (P.U.E.) as required by the Fire Department. Community Development Department, Planning Division 43. Prior to the recordation of the final map, the developer shall pay to the City in lieu parkland dedication fees in the amount of $21,647.73 in accordance with the provisions of City Ordinance 1558. The fee is based upon the increase in number of units of the proposed project vs. the existing units. 44. Prior to recordation of a final map, the Conditions, Conveyances, and Restrictions (CC&R’s) shall be reviewed and approved by the City Attorney’s Office. The CC&R’s shall include a condition not allowing storage on exterior decks, patios, or balconies. - 18 - 45. Prior to approval of the final map, the applicant shall enter into a below market rate (BMR) agreement approved by the City Council. Consistent with the General Plan 2020 Policy, the BMR units shall be constructed on site and shall consist of the following units and affordability requirements: six (6) below market rate units composed of four (4) units affordable to low-income households and two (2) units affordable to moderate-income households. 46. Prior to issuance of a building permit, the final map shall be recorded. 47. Development impact and processing fees are required. See the Development Impact Fee schedule for estimates of costs for construction permits. Additional impact fees are required as noted in the conditions of approval above. The applicant is reminded of the following fees that will be due before project implementation (this is not a comprehensive list):  Unpaid Planning entitlement fees: $5,328.67  Unpaid EIR fees: $27,995.65  Building permit fees: TBD  Final Map application submittal: $1,800.00  Parkland Dedication Fee: $21,647.73  Traffic Mitigation for 6 net new peak trips: $25,476  Sewer Connection for 11 net new units: $17,545  School Fees, contact San Rafael City Schools at (415) 492-3200: TBD  Water Connection Fee, Contact MMWD at (415) 945-1455: TBD Conditions of Approval (ED15-054) Environmental and Design Review Community Development Department, Planning Division 1. This Environmental and Design Review Permit extension shall be valid for two (2) years, until August 7, 2018, and shall expire unless the Vesting Tentative Map TS16-003 has been filed and pursued to recordation. 2. All conditions of related Use Permit and Tentative Map time extensions are incorporated herein by reference. 3. The building techniques, materials, elevations and appearance of the project, as presented for approval on plans prepared by TWM, Architects, dated June 21, 2005 and including the Mission Avenue Entry Option dated December 15, 2005, shall be the same as required for issuance of a building permit. Note that details shall be as indicated on plans and reflected in the photo-simulations contained in the original project file. Minor modifications or revisions to the project shall be subject to review and approval of the Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval of the Design Review Board and Planning Commission. 4. Prior to the issuance of a building permit the applicant shall submit written verification from Marin Sanitary Service (MSS) indicating that the project’s trash service meets MSS requirements. - 19 - 5. Prior to issuance of a building permit, the applicant shall submit written verification from the Marin Municipal Water District indicating that the District’s requirements have been met. 6. All exterior lighting shall be shielded down. Following the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 30-day lighting level review by Planning Division staff to ensure compatibility with the surrounding area. 7. Prior to the issuance of a building permit, the roof venting, lighting, service vehicle parking, and plaza plan shall be reviewed and approved by the Design Review Board. 8. All landscaping and irrigation shall be installed prior to the occupancy of the building or the property owner shall post a bond in the amount of the estimated landscaping/irrigation cost with the City of San Rafael. In the event that a bond is posted, all areas proposed for landscaping must be covered with bark or a substitute material approved by the Planning Division prior to occupancy. 9. The landscape architect shall submit a letter to the Planning Division, certifying that the landscaping has been installed in accordance with all aspects of the approved landscape plans, that the irrigation has been installed and been tested for timing and function, and all plants including street trees are healthy. 10. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. 11. Prior to final inspection, the applicant shall submit a building height survey from a licensed land surveyor indicating that the building has been built less than the 48-foot height limit as defined by the California Building Code. The applicant shall take appropriate measures during the construction process to insure building height compliance. 12. Prior to final inspection, the applicant shall submit an acoustical report to the Planning Division indicating that the internal noise levels of the residential units are consistent with the City noise standards. 13. Prior to final inspection, the applicants shall request an inspection from the Planning Division and submit a two-year maintenance contract for landscaping or post a two-year maintenance bond. 14. Plans submitted for a building permit shall include a plan sheet, which incorporates these conditions of approval. Fire Department 15. The design and construction of all site alterations shall comply with the 2013 California Fire Code and City of San Rafael Ordinances and Amendments. 16. Based on Uniform Building or Fire Code requirements, a regular sprinkler and standpipe system shall be installed throughout the building. 17. The alarms from fire detection systems and commercial fire sprinkler systems shall be monitored by a UL Central Station Company approved by the San Rafael Fire Department and be issued a UL serially numbered certificate for Central Station Fire Alarms. - 20 - 18. A Fire Department approved Knox Keyway System is required to be installed conforming to Fire Prevention Standard 202. 19. Deferred submittals shall be submitted for the following systems:  Automatic fire sprinkler system (C-16 to submit plans)  Standpipe system  Fire alarm system.  Private fire service main 20. Show the location of address numbers on the building elevation. Each building must have address identification placed in a position that is plainly legible and visible from the street or road fronting the property. Refer to the attached Fire Prevention Bureau Premises Identification Standard 09-1001, Table 1. 21. Contact the Marin Municipal Water District (MMWD) to make arrangements for the water supply serving the fire protection system 22. As the building is over 30 feet in height, an aerial fire apparatus access roadway is required parallel to one entire side of the building. The Aerial apparatus access roadway shall be located within a minimum 15 feet and a maximum of 30 feet from the building. Public Works Department 23. Prior to issuance of a building permit, a traffic mitigation fee of $25,476.00 (adjusted annually on the Lee Saylor Construction Cost Index) shall be paid to the Building Division. The fee is based upon the 6-peak hour trips generated by the project. 24. Grading plan shall show all proposed and existing contours. 25. Final grading, drainage and foundation plan shall be prepared in accordance with the recommendation of the geotechnical report and review. 26. No mass grading is to be done between from October 15 through April 15 without the approval of the City Engineer. 27. The Storm Water Pollution and Prevention Plan (SWPP) shall meet current MCSTOPP requirements in compliance with the State Water Resources Control Board and shall be reviewed and approved by the Department of Public Works prior to issuance of a grading permit. 28. An erosion control plan, in compliance with the Best Management Practice, must be implemented, prior to October 15 and shall be maintained to at least through April 15. Contractor shall be responsible for any silt and/or debris deposition in the existing downstream drainage facilities. Contractor shall be required to clean all debris in the downstream facilities if so directed by the Department of Public Works Department. 29. All earth and foundation work shall be performed under the direction of the project soil engineer in accordance with the soil report and supplements for the project site. A final soil report, including certification shall be submitted, prior to the construction of the foundation. - 21 - 30. All construction staging must be on project site. 31. No lane closure on Lincoln Avenue and on Mission Avenue is permitted without an approved traffic control plan. 32. Prior to issuance of Building Permit, the applicant shall submit a comprehensive staging and traffic control plan for review and approval. The plan shall include agreements to pay for any City’s staff’s, including police department’s overtime incurred for traffic control during the duration of the project construction. 33. No sidewalk closure on Lincoln Avenue and on Mission Avenue shall be allowed without an approved sidewalk closure plan. 34. Provide calculation for sewer flow and check sufficiency of existing sewer main on Lincoln Avenue/Mission Avenue. Note: this condition is administered by the San Rafael Sanitation District. 35. Prior to the issuance of a building permit, televise existing storm and sanitary sewer facilities fronting development and agree to repair/replace facilities as required by the City or SRSD. See item 20 (f) and 20 (g) above, present findings of condition of storm drain pipelines to the Public Works Department and sanitary sewer lines to SRSD. 36. Prior to the issuance of a building permit, the driveway designs from Lincoln and Mission Avenues shall be reviewed and approved by the City’s Traffic Engineer, San Rafael Sanitation District 37. Prior to issuance of a building permit, a sewer connection fee of $17,545.00 shall be paid to the Building Division. The fee is based upon the difference in the existing 25 units versus the proposed 36 units. (36-25 = 11) (11 X $1,595.00 = $17,545.00). 38. The project shall be responsible for installation of new sewer laterals. 39. Include the existing sewer lateral on Sheet C2 “Existing Conditions,” when application is submitted for Construction Permit. Building Division 40. The design and construction of all site alterations shall comply with all applicable codes and regulations in effect at the time of plan submittal and building permit issuance. (e.g., 2001 California Building Code, 2001 Plumbing Code, 2001 Electrical Code, and 2001 California Mechanical Code as amended, updated and superseded). 41. A building permit is required for the proposed work. Applications shall be accompanied by four (4) complete sets of construction drawings to include: a) Architectural plans b) Structural plans c) Electrical plans d) Plumbing plans e) Mechanical plans f) Fire sprinkler plans g) Landscape/irrigation plans - 22 - h) Site/civil plans i) Structural Calculations j) Truss Calculations k) Soils reports l) Title-24 energy documentation 42. The occupancy classification, construction type and square footage of each building shall be specified on the plans in addition to justification calculations for the allowable area of each building. 43. The building shall have address numbers posted in a conspicuous place, clearly visible from the street. Numbers should be minimum 4" in height, contrasting in color to their background, and either internally or externally illuminated. 44. Fire sprinklers will be required throughout the building. Separate application by a C-16 contractor is required. 45. School fees will be required for the project. School fees for residential construction at time of original approval were computed at $2.05 per square foot of new living area, Commercial space is computed at $0.33 per square foot of new building area, and have since been increased. Calculations are done by the San Rafael City Schools, and those fees are paid directly to them prior to issuance of the building permit. 46. With regard to any grading or site remediation, soils export, import and placement; provide a detailed soils report prepared by a qualified engineer to address these procedures. In particular the report should address the import and placement and compaction of soils at future building pad locations and should be based on an assumed foundation design. This information should be provided to Building and Engineering Division for review and comments prior to any such activities taking place. 47. A grading permit may be required for the above-mentioned work. 48. Prior to building permit issuance for the construction of each building, geotechnical and civil pad certifications are to be submitted. 49. The site development of such items as common sidewalks, parking areas, stairs, ramps, common facilities, etc. are subject to compliance with the accessibility standards contained in Title-24, California Code of Regulations. The civil, grading and landscape plans shall address these requirements to the extent possible. 50. All areas within the site must be accessible for persons with disabilities. All newly constructed buildings on a site shall have, but are not limited to, the following accessible features: a. Path of travel from public transportation point of arrival b. Routes of travel between buildings c. Accessible parking d. Ramps e. Primary entrances f. Sanitary facilities (restrooms) g. Drinking fountains & Public telephones (when provided) h. Accessible features per specific occupancy requirements - 23 - 51. Pedestrian access provisions should provide a minimum 48" wide unobstructed paved surface to and along all accessible routes. Items such as signs, meter pedestals, light standards, trash receptacles, etc., shall not encroach on this 4' minimum width. Also, note that sidewalk slopes and side slopes shall not exceed published minimums per California Title 24, Part 2. 52. All dwelling units within a building with elevator access to all floors shall have some level of disabled accessibility or adaptability. 53. Minimum elevator car size (interior dimension) is 68” wide and 51” deep, with a clear door width of 36”. 54. Maximum travel distance from any point within the building to an exit shall be 250’ unless rated corridors are used. 55. At least one disabled parking space must be van accessible; 9 feet wide parking space and 8 feet wide off- load area. Police Department 56. The street numbers shall be displayed in a prominent location on the street side of the property in such a position that the number is easily visible to approaching emergency vehicles. The numbers shall be no less than 24 inches in height and shall be of a contrasting color to the background to which they are attached. The address numbers shall be illuminated during darkness. 57. Exposed roof vents and ducts shall be grated or constructed of an impact-resistant material to the satisfaction of the Police Department. 58. Perimeter walls, fences, trash storage areas, etc., shall be built to limit if not in fact prevent access to the roof or balconies. 59. All exterior man doors shall be of solid core construction with a minimum thickness of one and three-fourths inches (1-3/4") or with panels not less than nine-sixteenths inches (9/16") thick. 60. Metal-framed glass doors shall be set in metal door jambs and have a dead-bolt lock with a cylinder guard and a hardened steel throw that is a minimum of one inch (1") long. 61. Exterior jambs for doors shall be so constructed or protected to prevent violation of the function of the strike plate from outside. The strike plate shall be secured to the jamb by a minimum of two screws which must penetrate into the solid backing beyond the jamb. 62. Exterior doors that swing outward shall have non-removable hinge pins. 63. In-swinging exterior doors shall have rabbeted jambs. 64. Glass on exterior doors or within 40 inches of an exterior door shall be break-resistant or glass-like materials to the satisfaction of the Police Department. 65. All windows within 12 feet of the ground level shall have a secondary lock mounted to the frame of the window. The secondary lock shall be a bolt lock and shall be no less than one- eighth inch (1/8") in thickness. The lock shall have a hardened steel throw of one-half inch - 24 - (1/2") minimum length. Any window in or within 40 inches of an exterior door shall be stationary and non-removable. 66. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture. 67. Any alternative materials or methods of construction shall be reviewed with the Crime Prevention Officer before installation. 68. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to occupancy. 69. Permanently fixed ladders leading to roof areas shall be fully enclosed with sheet metal to a height of ten (10) feet. This covering shall be locked against the ladder with casehardened hasp secured with non-removable screws or bolts. If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and have a minimum of 5-pin tumbler operation. 70. Signs shall be posted and driveways/curbs/parking areas shall be painted red which have emergency access lanes. 71. All exterior lighting shall be sufficient to establish a sense of well-being to the pedestrian and one that is sufficient to facilitate recognition of persons at a reasonable distance. Type and placement of lighting shall be to the satisfaction of the Police Department. 72. All exterior lighting shall be vandal-resistant. 73. All exterior lighting shall be on a master photoelectric cell set to operate during hours of darkness. 74. A minimum of one-foot candle at ground level overlap shall be provided in all exterior doorways, walkways, and vehicle parking areas. 75. An illuminated diagram (scaled schematic drawing of the floor plan) shall be positioned at each entrance of the condominium building. The illuminated diagram shall indicate the location of the viewer and each individual unit within the condominium building. Conditions of Approval (UP15-023) Conditional Use Permit Community Development Department, Planning Division 1. This extension of the 36-unit condominium project is granted for two (2) years, until August 7, 2018, during which time the applicant shall pursue project implementation. 2. This time extension shall apply to the project as originally approved under City Council Resolution 12018, which shall be based on the fees, policies and ordinances in effect at the time the original application was deemed completed, as updated herein in compliance with the provisions and limitations of the Subdivision Ordinance and State Subdivision Map Act. 3. This Use Permit extension grants a height bonus to exceed 36 feet pursuant to General Plan Policy LU-15 (Height Bonuses) and is subject to all conditions outlined for the Environmental and Design Review Permit and Vesting Tentative Map concurrent time extensions. - 25 - 4. The owner(s) of the property shall be responsible for weed abatement, trash, litter and graffiti control on the property. 5. Permanent security fencing may be required to be installed and be maintained around the project until such time as a building permit is issued, as deemed necessary to secure the site from illegal dumping, parking and any other nuisance related issues. If required, fencing shall be installed within 90 days of written notice by the Community Development Department, and shall be maintained in good repair and condition, and shall not create a hazard to pedestrians. Fencing should be setback 1 to 2 feet from the back of sidewalk with mulch or groundcover and debris catchments installed to control runoff and weeds. Fencing type shall be reviewed and approved by the Community Development Department. A dark colored open fencing should be used. 6. Any Historic American Buildings Survey HABS documentation shall be included in escrow transactions to transfer the property and any available copies of the HABS documentation shall be provided to the City in a timely fashion. 7. All conditions of approval for original approvals Design Review Permit (ED04-102) and Use Permit (UP05-032) for the subject 36-unit condominium project are affirmed and incorporated herein. The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the 13th day of September, 2016. Moved by Commissioner ________________ and seconded by Commissioner ___________. AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS SAN RAFAEL PLANNING COMMISSION ATTEST: BY: Paul A Jensen, Secretary Mark Lubamersky, Chair Legend Mar in County Marin County San R afael Spher e of Influence San Rafael Sphere of Influence San R afael San Rafael Bay Water s Ba y Wa ters Parcels Pa rcels Easements LICENSE AGREEMENT PUE Storm D rainage Storm/Sanitary Sewer Sanitary Sewer OTHER Boat Docks Boat Docks ROW ROW OneWa yAr rows One Way Arrows Street Center line Street Centerline Street Names Street Names Street Names SITUS SITUS City Limit Line City Limit Line While we strive to produce maps with good accurac y and with current accompany ing data, the accuracy of the information herein c annot be guaranteed. This map was prepared using programetric c omputer aided drafting techniques, and it does not represent legal boundary survey data. Exhibit 2 ‐ Vicinity Map (1203 Lincoln) EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 3PC Meeting September 13, 2016 Exhibit 3 EXHIBIT 4PC Meeting September 13, 2016 Exhibit 4 EXHIBIT 4PC Meeting September 13, 2016 Exhibit 4 EXHIBIT 4PC Meeting September 13, 2016 Exhibit 4 EXHIBIT 4PC Meeting September 13, 2016 Exhibit 4 EXHIBIT 4PC Meeting September 13, 2016 Exhibit 4 EXHIBIT 4PC Meeting September 13, 2016 Exhibit 4 EXHIBIT 4PC Meeting September 13, 2016 Exhibit 4 EXHIBIT 4PC Meeting September 13, 2016 Exhibit 4 EXHIBIT 4PC Meeting September 13, 2016 Exhibit 4 EXHIBIT 4PC Meeting September 13, 2016 Exhibit 4 EXHIBIT 4PC Meeting September 13, 2016 Exhibit 4 EXHIBIT 4PC Meeting September 13, 2016 Exhibit 4 EXHIBIT 4PC Meeting September 13, 2016 Exhibit 4 EXHIBIT 4PC Meeting September 13, 2016 Exhibit 4 EXHIBIT 4PC Meeting September 13, 2016 Exhibit 4 EXHIBIT 4PC Meeting September 13, 2016 Exhibit 4 EXHIBIT 4PC Meeting September 13, 2016 Exhibit 4