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HomeMy WebLinkAboutCC Resolution 13746 (21 G Street)RESOLUTION NO. 13746 A RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL DENYING AN APPEAL (AP14-001) AND UPHOLDING THE PLANNING COMMISSION'S FEBRUARY 25, 2014 DECISION CONDITIONALLY APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED12-058); VARIANCES FOR FRONT YARD, SIDE YARD, REAR YARD, MINIMUM FRONT LANDSCAPING AND DRIVEWAY SETBACKS (V12-002); TENTATIVE MAP (TS13-002); AND AN EXCEPTION (EX13-008) TO THE RECREATIONAL FACILITY WITH MODIFICATIONS TO THE 8 UNIT WEST END TOWNHOME PROJECT AT 21 G STREET BASED ON A TENTATIVE AGREEMENT BETWEEN THE APPELLANT AND APPLICNAT. THE AGREEMENT WOULD RESULT IN CHANGES TO THE SOUTH SIDE YARD SETBACK, ROOF DESIGN AND BUILDING HEIGHT, THEREBY REQUIRING AMENDMENTS TO THE APPROVED DESIGN REVIEW PERMIT AND VARIANCE, WHICH ARE INCORPORATED IN THIS ACTION. APN: 011-232-10 THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: WHEREAS, on August 4, 2011, Stan Camiccia, project applicant, submitted an application for Conceptual Design Review (CDR11-004) for a 9 unit townhome development on a 10,836 square foot lot; and WHEREAS, on October 4, 2011, the Design Review Board (DRB) held a duly noticed meeting and reviewed the conceptual design proposed and recommended design changes, including, but not limited to reducing the number of units, increasing common open space areas and re- designing the G St. building facade; and WHEREAS, on August 30, 2012, Stan Camiccia, project applicant, submitted formal applications, including Design Review Permit (ED 12-058) and Variance requests (V 12-002) for five property development standards (encroachments in the required front setback, side setback and rear setback, minimum landscape requirements and minimum driveway setback); and WHEREAS, on March 19, 2013, a duly -noticed meeting was scheduled before the DRB but was continued due to lack of a quorum; and WHEREAS, on April 3, 2013, the DRB held a duly -noticed meeting and made recommendations for project change, including but not limited to changing the location of the common open space area and preserving the existing oak tree on Ida St.; and WHEREAS, on August 20, 2013, the DRB held a duly -noticed public meeting and reviewed further revisions made by the applicant in response to the April 3, 2013 meeting. At the conclusion of the meeting, the DRB voted 4-1 (moved by Garg and Seconded by Lentini, with Member Summers dissenting) to recommend approval of the project design and in their motion, expressed support for the proposed five variances requested; and WHEREAS, on November 7, 2013, an application was received by the Community Development Department requesting Tentative Map approval (TS 13-002) to allow the division of the 8 units into air condominiums, and a Subdivision Exception request (EX13-008) to waive the requirement for a recreation building on site; and WHEREAS, based on the 8 units proposed the project is required to provide and proposes to provide 10% of the units as "for sale" and affordable at the "low-income" level; and WHEREAS, based on the provision of 1 of the 8 units as affordable to low income households, the project qualifies for a State density bonus of 20% above the maximum density allowed by the City, or 3 additional units and 1 concession to zoning standards, consistent with the requirements of California Government Code Section 65915 and Section 14.16.030.1-1 of the City of San Rafael Zoning Ordinance; and WHEREAS, the project proponent has requested one concession to the City's parking standards to allow the use of tandem parking on site, as allowed by Section 16.030.H.3.a(i) of the City of San Rafael Zoning Ordinance, which would provide 16 tandem parking spaces for the project site; and WHEREAS, the proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15332 of the CEQA Guidelines which exempts In -Fill Development Projects given that: a) the project is consistent with the General Plan and Zoning Ordinance designation for the site which allows residential uses at the proposed density; b) the site is 025 acres, less than 5 acre threshold, and is an infill site located in an urban area that is surrounded by development on sides; c) the entire site has been formerly graded and developed and there are no known endangered, rare or threatened species on the site or in the immediate surroundings; d) the project has been reviewed by the City's Traffic Division and determined to result in 7 additional peak hour trips (3 in the AM peak hour and 4 in the PM peak hour) and determined to have no impact on LOS in the area; and e) all utlility agencies have indicated that they can provide required services to the new development; and WHERAS, based on a historic resource evaluation by Archaeological Resources Technology, the project was detennined not to be a historic resource and that demolition of the structure at 21 G Str. would not cause a substantial adverse change in the significance of a historic resource, and therefore met the requirement to qualify as categorically exempt pursuant to CEQA section 15300.2 (f); and WHEREAS, the proposed project was reviewed by the City of San Rafael's Department of Public Works, Fire Department — Fire Prevention Bureau and Community Development Department - Building Division and the San Rafael Sanitation District and was recommended for approval subject to conditions; and WHEREAS, on February 25, 2014, the San Rafael Planning Commission held a duly - noticed public hearing on the proposed Environmental and Design Review Permit, Variance request, Tentative Map and Subdivision Exception request, 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 WHEREAS, on February 25, 2014, on a vote of 4-2-1 (Commissioners Lubamersky and Schaefer dissenting and Commissioner Paul absent) the Planning Commission adopted Resolution No. 14-03, conditionally approving the Environmental and Design Review Permit, Variance, Tentative Map and Subdivision Exception applications; and WHEREAS, on March 5, 2014, within the 10 -day statutory period, Daisy Carlson, (adjacent resident at 15 G Street), fled a timely appeal (AP14-001) of the Planning Commission's conditional approval of Environmental and Design Review Permit (ED12-058); Variances for front yard, side yard, rear yard, minimum front landscaping and driveway (V12-002); Tentative Map (TS13-002); and an Exception (EX13-008) to the recreational facility requirement, pursuant to Chapter 28 (Appeals) of the City's Zoning Ordinance, citing that the proposed project will be detrimental and injurious to her properly at 15 G Street because the proposed 3 -story structure was too tall, was requesting too many variances, eliminating too much on -street parking, and does not fit into the existing neighborhood character and; WHEREAS, near the end of April 2014, at staffs suggestion, the applicant met with the appellant to determine if the project could be re -designed to address the points listed in the appeal; and WHEREAS, staff agreed to the appellant and applicant's request to reschedule the May 19, 2014 City Council hearing to June 2, 2014 to allow the parties time to discuss proposed changes to the project; and WHEREAS, at the request of the appellant, and agreed to by the applicant, staff agreed to reschedule the hearing again, to June 16, 2014 to give the parties time to continue discussions; and WHEREAS, on May 31, 2014, in the absence of a signed agreement, notice of public hearing of the appeal was mailed to residents, property owners, and businesses within 300 feet of the site and the site was posted with the public notification informing the public of the June 16, 2014 City Council hearing; and WHEREAS, on June 4, 2014. the appellant agreed to formally withdraw the appeal, submitting an e-mail message stating her intent to withdraw the appeal based on a tentative agreement with the applicant to modify the approved project to reduce height and bulk and increase side yard setback, including: 1) changing the gable roof to a mansard, thereby reducing the height of the building from 33 feet 3 inches as measured to the midpoint of the gable roof to a height of 29.8 feet as measured to the roof deck of the mansard roof; and 2) providing a 5 foot side yard setback along the south side of the G Street townhome; and WHEREAS, on June 16, 2014, the City Council held a duly -noticed public hearing to consider the Appeal (AP 14-001) and the modifications to the approved project design as reflected in the tentative agreement between the appellant and the applicant, and accepted and considered all oral and written public testimony and the written report of the Community Development Department staff and closed said hearing on that date; and WHEREAS, following the closure of the public hearing, the City Council discussed the appeal points and the project design modifications reflected in the tentative agreement between the appellant and the applicant, ultimately voting to deny the appeal and uphold the Planning Commission's decision to grant approval of Environmental Design Review Permit (ED] 2-058), Variance (VI 2-002), Subdivision Exception (EX13-008), and Tentative Map (TS 13-002) and approve and incorporate into the resolution the modifications in the agreement between the appellant and applicant. NOW, THEREFORE, BE 1T RESOLVED, the City Council hereby denies the appeal (AP14-001) of Daisy Carlson and upholds the February 25, 2014 Planning Commission decision granting approval of Environmental Design Review Permit (ED12-058), Variance (V12-002), Subdivision Exception (EX13-008), and Tentative Map (TS13-002) to construct 8 condominium townhomes at the 21 G Street project site. The City Council finds that the points of the appeal (identified in bold/italics) cannot be supported for the following reasons: Appeal Point #l: "No varuuices are necessary if they were to comply with the intent of the code which is to limit the size of buildings on said lots. " Staff Response: The "intent of the code" (i.e., the Zoning Ordinance) is to be used as a tool to implement the Goals and Policies in the San Rafael General Plan 2020. As such, the zoning ordinance identifies baseline property development standards for all zoning districts in the City of San Rafael. As part of these standards, there are also stipulated exclusions, exceptions and variances to the development standards that may be requested. Specific "findings" have been identified for exceptions and variances to the property development standards and depending on the level of project review required, Planning staff, the Design Review Board, the Planning Commission and the City Council may be tasked with determining whether a project meets the required findings in order to approve the proposed deviation from the baseline development standards. The project as originally proposed and presented for Conceptual Design Review only required 2 variances — a portion of the Ida Street townhomes had cantilevered windows encroaching 2 feet into the required 5 foot required rear yard setback; and a variance to the required 20' driveway setback variance was required for both the G Street and Ida Street townhomes to allow a 18'6", driveway setback for the tandem parking. Tandem parking was allowed as a density bonus concession for providing a BMR unit. Also, the City's Department of Public Works reviewed and supported the tandem parking as proposed. However, based on public concerns about parking impacts and recommendations from the Design Review Board at the October 4, 2012 Conceptual Design Review hearing, the applicant substantially revised the project, including but not limited to: 1) reducing the number of units from 9 units to 8 units; 2) re -designing the two G Street townhomes from a flat, row house type design to a gable roof design; 3) adding a shared central exterior entry stairway to the G Street townhome; 4) replacing tandem parking on G Street with side-by- side parking; 5) consolidating driveways on Ida Street to reduce curb cuts; 6) including more detail on the proposed roof -top gardens; 7) added articulation to the rear facade of the Ida Street buildings; and 8) addition of 732 square feet of common usable open space at the ground level. However, these changes to the site design also prompted the following 3 additional variances to the property development standards: 1) front setback variance (for new entry stair encroachment); 2) side yard variance to encroach 1 foot into the required side yard setback on G Street (required due to the additional width for side-by-side parking); and 3) variance to the 50% required landscaping on G Street townhomes (landscaping reduced from stairway and wider driveway). This brought the total number of variances to 5 for the proposed project. The DRB supported the re -designed project, and forwarded a recommendation of approval to the Planning Commission. The Planning Commission discussed the issue of the multiple variances at length, and determined that there were findings to support granting the variances. Their decision was based on the fact that the project met the findings required to approve the variances requested, and recognition of the fact that there is a need to balance development standards, the community concerns, and goals and policies of the General Plan. The project site is designated as a housing opportunity site in the General Plan 2020. In the end, the Planning Commission did vote (4-2-1, with Commissioners Lubamersky and Schaefer dissenting, and Commissioner Paul absent) to approve the project as proposed. Further, the appellant has discussed their concerns at length with the applicant and agreed to withdraw the appeal, based on the applicant's revised project design which eliminated the 1 foot encroachment into the required side yard between 15 G Street and the G Street townhome, thereby increasing light and air between the two properties. Appeal Point #2: "The lot coverage creates a need for a roof terrace which looms above and is not only a menace but poses a public health and safety issue." Stuff Response: The project proposes 52% lot coverage, which is below the maximum allowable lot coverage for the HR1 zoning district (60%). The roof terrace is not a required development standard, nor is it required to meet the minimum usable open space requirement per code. It is proposed as additional common outdoor space for the townhome residents. The Fire Department has reviewed the project and did not identify any public hazards associated with the rooftop gardens. Appeal Point #3: `By granting special privileges to the developer they are denying current rights to existing residents. Its mass, girth and height are not consistent with neighboring properties nor are two curb cuts which essentially remove five street spaces to provide four off-street parking spaces. It's proposed physical vicinity to 15 G Street is not consistent with surrounding homes and does not take into account that 15 G Street is Just 2 feet from the property line. " Stuff Response: The existing project site has one curb cut dedicated to the existing home at 21 G Street. The proposed new project would add an additional curb cut, eliminating 1 on street parking space. Further, the gable roof design will be changed to a mansard roof, reducing the building height from 33'3" to 29.8'. As a 3 -story building, the actual roof will not be visible from the pedestrian street view. However, the re -design will reduce the overall building height by 3.4 feet, and in combination with the increased setback along the side yard, will considerably reduce the mass and bulk of the G Street townhome and increase the amount of light and air to the existing building at 15 G Street. The appellant agrees and has withdrawn the appeal based on the new building design. Appeal Point #4: "This proposal is not consistent with the General Plan and Zoning or infill housing on the alphabet streets of San Rafael. It is more consistent with those on the numbered commercial street. Our neighborhood welcomes the BMR unit but sees no need to grant such extensive variances to provide one. " Staff'Response: The project is consistent with both the General Plan Policy and Zoning Ordinance. Based on the lot size, the project would be allowed 10 units on the site. The project originally proposed 9 units on site, but due to site constraints, design criteria, and community input the DRB recommended that the number be reduced to 8 units. The new residents will have easy access to transit bus routes and shopping and parks within walking distance. The project is in -fill housing, which is encouraged in the downtown area of the City (Policy H-22). Also, the project would add one low-income affordable unit to the housing stock per the General Plan Inclusionary Housing (Policy H-19). In addition, the project site is identified in the General Plan as an "underutilized parcel" and a "housing opportunity site" available for development. Appeal Point #S: "A single driveway design would remove the need for front and side yard variances and thus not risk infringing on the rights of 15 G Street and other residents to maintain current light and air" Staff Response: The applicant indicated at the Design Review Board hearing that the idea of "podium parking" design (i.e., one driveway access to parking on site, with units above) had been investigated by the applicant early in the project design, and the applicant responded to questions about the feasibility of the podium design at the Planning Commission hearing. The applicant testified that podium parking was not viable for the site because the shape of the lot precluded achieving adequate turning movements for cars. The City's Traffic Engineer supported the tandem parking design. Appeal Point #r5: "The granting of the application for variances is detrimental and injurious to properties in the vicinity of the development sight, most specifically 15 G Street. We do not believe that sufficient efforts were made by the developer to design the G Street portion of the project in a manner that does not infringe oil the property rights and valves of other residents." Staff Response: The applicant has participated in a total of 4 public hearings on the proposed project, three hearings before the Design Review Board (including Conceptual Design Review), and one before the Planning Commission. The applicant made substantial changes to the project design based on both community comments and DRB recommendation. BE IT FURTHER RESOLVED, that the time within which to seek judicial review of this decision is governed by Code of Civil Procedure Section 1094.6. BE IT FURTHER RESOLVED, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council does hereby grant approval of an Environmental and Design Review Permit (ED 12-058), Variance (V 12- 002), Subdivision Exception (EX 13-008) and Tentative Map (TS 13-002) for the construction of 8 condominium units at the 21 G Street project site, as approved by the Planning Commission on February 25, 2014 and reflecting additional modifications as agreed upon between the appellant and the applicant (as a condition of withdrawing the appeal) based on the following findings: Environmental and Design Review Findings (ED12-058) 1) The proposed construction of 8 townhomes (2 units on G Street and 6 units on Ida Street) is in accord with the General Plan, the objectives of the Zoning Ordinance and the purposes of this Chapter given that: a. The proposed project (as conditioned) is consistent with General Plan Policies summarized as follows and discussed in detail as noted in the General Plan Consistency table included in the February 25, 2014 Staff Report to the Planning Commission, Exhibit 4 (Table Analyzing Project Consistency with General Plan 2020), including the following policiesLU-2 (Development Tinning), LU -8 (Intensity of Residential Development), LU -12 (Building Heights), LU -14 (Land Use Compatibility), LU -23 (Land use Maps and Categories), H -I (Housing Distribution), H-3 (Designs That Fit Into the Neighborhood Context), H-19 (Inclusionary Housing Requirements), H-21 (Density Bonuses), H -18b (Efficient Use of Multifamily Housing Site), H-22 (Infill Near Transit), NH -2 (Nein Development in Residential Neighborhoods), NH -17 (Competing Concerns), NH -22 (Downtown Housing), NH -43 (Nest End Design Considerations), CD -2 (Neighborhood Identity), CD -3 (Neighborhoods), CD -4 (Historic Resources), CD -15 (Participation in Project Review), CD -18 (Landscaping), I-2 (Adequacy of City Infrastructure and Services), I-4 (Utility Undergrounding), I-6 (Street Maintenance), I-8 (Street Trees), CA -13 (Historic Buildings and Areas), SU -6 (Nein and Existing Trees), SU -5a (Green Building Regulations), SU -8a (Affordable Housing), S-6 (Seismic Safety of Nein Buildings), 5-25 (Regional Nater Quality Control Board (RIVQCB) Requirements), N-1 (Noise Impacts on Nein Development), N-2 (Exterior Noise Standards for Residential Use), AW -1 (State and Federal Standards), and AW -8 (Reduce Pollution From Urban Runofj). The proposed project (as conditioned) conforms to the objectives of the Zoning Ordinance Chapter 14.04 (Base District Regulations), Chapter 18 (Parking), Chapter 25 (Environmental Design Review Permits), and the San Rafael Design Guidelines in that the project is an allowable use in the HR1 zoning district, the project would provide 16 off- street parking spaces, with tandem spaces allowed as State density bonus concession for providing 1 affordable housing unit, and the project has been reviewed by the Design Review Board and recommended for approval. The project site is an L-shaped lot located between G St. and Ida St. near downtown Fourth Street. It is a transitional site between the bulk and massing of Fourth Street and the relatively smaller single family homes in the center portion of G Street. The project has gone through considerable revisions since the initial conceptual design review application, reducing the number of units from 9 to 8 units, re -designing the buildings on G St. with a mansard roof and providing 732 square feet of ground level common usable open space. The re -designed project has taken into account the variety of design elements in the neighborhood; and The project has been reviewed by Planning staff for conformance with the applicable design criteria established in Chapter 14.25 of the Zoning Ordinance and staff determined that the proposed units, as conditioned, would be compatible in color and materials with the existing buildings on site and add much needed in -fill housing to the downtown area, including one affordable unit, thereby improving the overall quality of the streets in the surrounding neighborhood. 2) The project design, as conditioned, is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the High Density Residential (HR1) Zoning District in which the site is located given that: a. The proposed 8 units is an allowable use and at an allowable density in the HR1 zoning district; b. In terms of Chapter 25 review criteria, the project has been designed to incorporate two distinct streetscapes. The G St. frontage is less bulk and mass and more akin to a single family residential district, though there are larger buildings at the end of the street. The original design of the entire project was a flat roof row house design. The applicant agreed to change the G Street townhome elevation to take into account the smaller scale of buildings on G St. A gable roof element was introduced and a central staircase was added. Based on discussions with the appellant, the applicant agreed to further design modifications to address the appellant's concerns about reduction of light and air to the 15 G Street property from the proposed 3 -story project. The applicant agreed to change the gable roof design to a mansard roof, to reduce the building height from 33 feet 3 inches to 29.8 feet, thereby reducing the building height by 3.4 feet and reducing bulk and mass. The Ida St. townhomes retained the flat roof design since the predominant feel of the block is tall commercial buildings with only one single family home on the block. The building mass is set back from the adjacent property to the south through the placement of a usable open space area on the south end of the property, as well as the preservation of the existing Oak Tree on Ida Street; The proposed exterior building color and materials will blend in with the variety of architectural styles and materials in the area, including older historic resources in the area; d. The site has 2 existing street trees along the G St. frontage and one existing Oak tree on the Ida St. frontage, all of which will remain. Additional landscaping along the interior and perimeter of the project site will be added, including a total of 4 new street trees (one on G Street and three on Ida Street); e. The project was reviewed by the Design Review Board multiple times, including early input during Conceptual Design Review, and recommended multiple changes to the project design and site orientation, which the applicant agreed to and submitted revised plans, which the Board ultimately voted 4-1 to recommend approval to the Planning Commission. 3) The project design minimizes adverse environmental impacts given that: The proposed project was reviewed by applicable City departments and no adverse environmental impacts were identified; b. The proposed project would be constructed in compliance with all applicable local, State and Federal building codes and health and safety standards; The proposed project is Categorically Exempt from the California Environmental Quality Act pursuant to Article 19 Categorical Exemptions, Section 15332 (Infill Development). A historic resource evaluation was completed on December 7, 2013 by Archaeological Resources Technology. The report concluded that the residence at 21 G Street did not qualify as a historic resource. As such, the residence at 21 G Street can be demolished with no significant impact on historic structures; d. Based on the Findings and Recommendations on Page 12 of the Archaeological Resources Technology Report, Design Review Permit Condition of Approval #10 has been added to ensure appropriate monitoring for any potential archaeological resources encountered during construction. 4) That the project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that the project is a residential project located in a zoning district zoned for residential uses. The use of the property is a similar use as is seen on other residential lots on G Street and Ida Street. The project is designed with code compliant parking (2 spaces per unit) and the proposed tandem spaces along Ida Street will still provide off-street parking for two vehicles. The proposed project has requested 5 variances to the property development standards. Findings to support project approval are detailed below under "Variance Findings." Variance Findings (V12-002) That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the requirements of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; 2. That the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated; That granting the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations for the zoning district in which the subject property is located; 4. That granting the application will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare. The project applicant is seeking approval for a total of 5 variances, 3 on the G Street townhomes and 2 on the Ida Street townhomes: G Street townhomes: Variance request to reduce the minimum 50% front yard landscaping (proposing 37%), a front entry stair encroachment ( 11' 8") into the required 15 foot front setback, and a 2 foot building encroachment into the required 5 foot side yard setback on the north side of the property (no variance is requested for the south side property line, which will provide a code compliant 5 foot side yard setback); Ida Street townhomes: Variance request for a 2 foot encroachment into a portion of the required 5 foot rear yard, and a I foot encroachment into the required 20 foot driveway setback. In general, the variance requests are relatively minor in nature in teens of the actual amount of encroachment requested, mainly 1-2 feet. The City actually recognizes that many properties in San Rafael pre-existed the zoning code and as such are legal non -conforming. There are many existing legal non -conforming structures in the project vicinity, including the appellant's property at 15 G Street. Small deviations to the prescribed property development standards are allowed through either an Exception process or the Variance process. Typically, for new development, the protocol is to direct developers to design the project without the need for variances or exceptions. However, odd -shaped lots present special difficulties. In the case of 21 G Street, the original project presented for conceptual design review was designed with code compliant 5 foot side yard setbacks for the G Street townhome. In addition, no variance for a stair encroachment into the front setback was needed as there was no staircase proposed as part of the front facade. Based on public input and concern about tandem parking along G Street, the DRB recommended that parking be re -designed as side-by-side and the applicant indicated in order to accommodate the interior garage dimension, they would have to widen the garage and therefore would request a I foot encroachment into the required side yard on the G St frontage. Similarly, the addition of a front staircase to reduce the bulk along G St required an encroachment into the front setback beyond the 6 feet allowed for a stair encroachment. The overriding consideration for granting all 5 variances is based on the size, shape and orientation of the subject lot, which is an L-shaped through lot. In addition, per DRB recommendation, the applicant reduced project size from 9 units to 8 units, which is still 2 units below the maximum density allowed on the site. There is an inherent hardship in the strict application of the development standards for setbacks, minimum landscaping and driveway setback. Further, many other properties in the vicinity also have similar issues of encroachment into the required side yard setback and possibly other setbacks. As such, granting the variance would not bestow a special privilege to the project applicant that is not also enjoyed by other property owners in the area. However, each variance requested has unique impacts and are therefore discussed separately below: a. Minimum Landscaping (G Street): Pursuant to Zoning Ordinance Section 14.04.040, there is a 50% landscaping requirement in the HR1 zoning district. The requested variance would allow a reduction in the required landscaping from 420 square feet to 312 square feet (to 102 square feet less than required). Findinf4s: The variance is considered to be justified given that this portion of the lot is narrow, at 56 -feet width, whereas 60 -feet is required for a compliant HR1 lot width. Much of the frontage along the G Street townhomes would be utilized to create the paved driveway access to provide side-by-side parking. The project was originally proposed with tandem parking, which would have required less paved area for parking. However, the project was re -designed based on public concern about the feasibility of tandem parking. As such, the area available for landscaping was reduced. The project is proposing to provide penneable pavers in order to soften the visual impact of driveway paving and respond to the intent of the landscape requirement. In walking the neighborhood, staff notes that the other homes on the block utilize hardscape in the front yard area, some of which is used for parking. Granting the variance would not be injurious to surrounding properties in that the site will he heavily landscaped along the perimeters and several street trees will be added to the site. While the front landscaping is less than what is required by code, the project is proposing to keep the existing 2 street trees on G Street and plant one additional tree. On balance, this will help mitigate for the loss of landscaping in the required front yard area. b. Front Yard Setback (G Street): Pursuant to Zoning Ordinance Section 14.04.040, the required front setback in HR1 zone is 15 feet. Stairways are allowed to encroach up to 6 feet into any required front yard. The proposed front access stairway encroaches 1 1'8" into the front setback (i.e., 5'8" further than the 6 foot allowable stair encroachment). The previous project design did not include stairs, but the G St. townhomes were re -designed with stairs in order to bring the fayade more in line with existing single-family architectural styling on G St. As such, a front setback variance is required for the new staircase encroachment. Findinzs: Staff has determined that the stair encroachment is relatively minor, considering that pursuant to Section 14.15.030, stairways are allowed to encroach up to 6 feet into any required front yard. The proposed encroachment is only 5'8" further than the 6 foot allowable stair encroachment, and would add a much needed design element to the streetscape. Many other properties on G Street also have exterior staircases, and the design lends itself to creating a fayade more compatible with the existing properties on G Street. The staircase would not be injurious to adjacent properties as it will meet all code requirements. Side Yard Setback (G Street): Pursuant to Zoning Ordinance Section 14.04.040, a 5 foot side yard setback is required in the HR1 zone. The proposed project is designed with a code compliant 5 foot side yard setback for the south side of the G Street frontage (adjacent to 15 G Street), and a 3 foot side yard setback for the north side of the G Street frontage (adjacent to a vacant lot used for parking). The variance was needed in order to accommodate code compliant 20' wide 2 -car garage width. Findings: The side yard setback variance is justifiable based on the narrow lot width at this portion of the irregularly L-shaped site, and the fact that several other properties in the area also encroach into the setbacks, although these properties are legal non -conforming. Given that the encroachment is only 1 foot, and given the fact that the encroachment is necessary to provide side-by-side parking specifically expressed as a choice preferred over the tandem parking originally proposed on G St., staff is inclined to support the variance. This requested variance has generated concern from the neighboring residents, particularly the adjacent resident of the single family, two-story home at 15 G St., who expressed concern about the impact of a 3 -story structure on light and air to their property. This home is a two story home and is about 2 feet away from the property line adjacent to the project site, and also encroaches into the required 5 foot side yard setback on their property but is considered legal, non -conforming. The impact of the height of the 3 -story townhome will be somewhat reduced because the side yard area will be heavily vegetated and the outdoor recreational space for 15 G Street is on the other side (south side) of the 15 G Street lot. Though the adjacent neighbor will face a tall wall, the south elevation for G St. does have window openings and is proposed to be covered with Ivy to help soften the wall. The applicant has indicated that there is insufficient interior garage space to further reduce the size of the garage. It is also important to note that the original project was submitted with the code required 5 foot side yard setback for the G Street townhomes, but due to concerns from the public about the tandem parking, the DRB recommended that the parking for the G Street townhomes be re -designed as side-by-side parking (two 20 foot wide 2 -car garages), and indicated that they could support the 1 foot encroachment into the side yard setback in order to allow for adequate garage width. Despite DRB and also Planning Commission support for the I foot side yard variance, the project was appealed by the adjacent property owner at 15 G Street because of concerns that granting the variance would allow the three story building to be too close to the side property line. The applicant and the appellant discussed the matter for several weeks and the applicant ultimately proposed to move the G Street building 1 foot to the north. The new design would eliminate the l foot encroachment into the required 5 foot side yard setback on the south side of the property, and provide a 5 foot side yard setback on the south side of the G Street frontage. This would increase the encroachment on the north side from 1 foot to 2 feet, providing a 3 foot side yard setback on south side, adjacent to a vacant lot, currently used for parking. The gable roof design was also changed to a mansard roof, which lowered the building height from 33 feet 3 inches as measured to the midpoint of the gable roof to 29.8 feet, measured to the roof deck of the mansard roof. This re -design substantially reduced height and bulk along both the north and south property lines. Based on these changes, the appellant agreed to withdraw the appeal, conditioned on approval of the proposed changes as described in a tentative agreement between the applicant and the appellant (Attachment 5 of the June 16, 2014 City Council Staff report). Staff continues to support the variance, as it is still in keeping with the existing neighborhood character and provides more light and air between the properties, an improvement from the project previously approved by the Planning Commission. d. Rear Yard Setback (Ida Street): Pursuant to Zoning Ordinance section 14.04.040, the required rear yard setback is 5 feet. The Ida St. townhomes are designed with a cantilevered window projection for the two floor levels above the garage. For two of the units, this cantilevered section extends 2 feet into the required 5 ft. rear yard setback. Findings: Again, due to the irregular L-shaped lot, site design is more challenging. The cantilevered section of the rear facade would almost qualify as an "allowable encroachment" as an "architectural feature" except that it is a feature that is repeated for 3 stories. As such it is considered an encroachment into the required yard. Without the variance request, the upper stories would have no articulation which would run counter to the Chapter 25 design review criteria for building design articulation. Further, the impact of the encroachment has no impact on adjacent properties considering that the rear yard abuts the building on the G St. side of the same project site. This property is not like other regular single family lots in that there is no rear property line between the G St. townhomes and the portion of the Ida Street townhomes directly behind them. In addition, the 1 foot rear yard encroachment would not negatively impact usable outdoor space on the lot, as all units have access to both common and private usable open space in the form of terraces, roof gardens, and porches. Given the minimal nature of the impact on adjacent properties and the benefit it would add to the building design, staff can support this variance request. e. Drivewav Setback (Ida Street): Pursuant to Table 14.04.040, the development standards for the driveway setback have not been met. The Zoning Ordinance requires that `'where there is a driveway perpendicular to the street, any garage built after January 1, 1991 shall be setback twenty feet (20'). The project is proposing a 19 foot setback for Ida Street. The proposed project would group driveways along Ida St., eliminating the need for six distinct curb cuts. However, due to the tandem parking design, a variance to the 20' required driveway setback is requested. Findings: The L-shaped lot does not have sufficient depth required to meet all of the zoning setback and dimension standards with tandem parking. The variance is deemed justified based on the fact that the project cannot comply with all zoning setback standards, achieve its allowable and reasonable density and provide tandem parking as permitted under state law. Reducing the garage by one foot would most likely compromise the use of the garage for two cars. The goal of the 20 foot driveway setback standard is to ensure that cars do not block the sidewalk. Based on the site design, staff determined that the garage has ample space to ensure the cars will be able to pull onto the lot and not interfere with the sidewalk area. Considering the variance request did not generate much public opposition, it seems that there is value in preserving the option to have more building articulation in keeping with Chapter 25 design guidelines. Tentative Map Findings (TS13-002) 1. The proposed map is consistent with the San Rafael General Plan and any applicable, adopted specific plan or neighborhood plan as noted in Environmental and Design Review Permit Finding #1 above and the General Plan Consistency table (Exhibit 4) included in the Feburary 25, 2014 staff report to the Planning Commission. The purpose of the map is to create 8 air space condomiums with no real impact on the orientation of the lots on the project site itself, 2. The design or improvement of the subdivision is consistent with the San Rafael General Plan and any pertinent, adopted specific plan or neighborhood plan in that the subdivision would create 2 units on G Street and 6 units on Ida Street and these units are in keeping with the allowable density and lot configuration for the HR1 residential zoning district with respect to height limit, parking and total lot coverage. Several variances are required in order to construct all 8 units, but staff is in support of the variances, as discussed in the Variance findings above, 3. The property subject to subdivision is physically suitable for the type and density of the development in that the City has balanced the regional and local housing needs against the public service needs of its residents, as well as available fiscal and environmental resources, and concludes that adequate public services are available to the site based on existing service providers that have reviewed the project and indicated that subject to conditions of approval, the system has the capacity to provide service; 4. The property subject to subdivision is physically suitable for the density of development that is proposed in that: a) the proposed subdivision would create 8 air condominium units on site, which is below the maximum density allowable per code (10 units); b) the project would also provide two -car garages for all units, which complies with the required parking in the zoning ordinance; c) ample, code compliant private and common usable open space is provided for the project; and d) the proposed subdivision would create air condominiums, with no impact on the actual orientation of the physical lots on the ground level in terms of property lines; The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that: a) the site is currently graded and developed with no known environmental resources on the site, b) the site is an in -fill site that has been designated in the zoning ordinance and general plan as high density residential development; c) the project has been detennined to be categorically exempt from CEQA review pursuant to CEQA findings listed below. 6. The design of the subdivision or the type of the proposed improvements is not likely to cause serious health problems in that: a) it is a residential project in keeping with the existing residential zoning for the vicinity; b) the proposed project would be built in accordance with the latest Building and Fire codes to ensure the health and safety of future residents and adjacent neighbors; c) the City's Public Works Department and Sanitation District have reviewed the drainage and proposed sewer connections for the project site and deemed the project design to be in keeping with City standards, subject to conditions of approval; and d) as conditioned, the proposed subdivision would not result in impacts to water quality or impacts to environmental resources in that an erosion control plan is required as a condition of project approval, which must be implemented before any grading or construction commences on the site. 7. The design of the subdivision or the type of proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision in that no easements were identified as part of the Title Report submitted for the project. The project site is privately owned with no known public access through the lot. Subdivision Exception Request Findings (EX13-008) I . That there are special circumstances and/or conditions of the property proposed for subdivision that warrant the approval of the exception to the requirement for a recreation building in that the project site is very small and is not able to accommodate an additional building for recreational use. In addition, the goal of this provision was to target larger residential complexes with many more residents and a higher need for a separate recreational room; That the exception is necessary for the preservation and enjoyment of a substantial property right of the subdivider or property owner. The property is designed as for -sale condominiums, akin really to a single family home. Requiring a recreation room for such a development style would not be appropriate, given the design of each townhome, with ample access to a garage, common open space, a private roof garden and private patios. Given the size of the project site and the site constraints to provide code complaint parking and setbacks, it would be a hardship to create a recreation room that would most likely be relatively unused. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated. The property will continue to function as a residential development without a recreation room. Adjacent neighbors would not be impacted by the lack of a recreation building on the project site. Residents of the proposed project will have access to a garage area, storage and common open space for their recreational activities. California Environmental Quality Act (CEQA) Findings The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), since it qualifies as an infill affordable housing project pursuant to Public Resources Code Sections 21159.21 and 21 159.24 and Section 15332 of the CEQA Guidelines which exempts In Fill Development Projects. This project qualifies for this exemption based on the following: a) The project is consistent with the General Plan and Zoning Ordinance designated for the site (High Density Residential); b) The subject site is within City limits and is an infill site that totals less than five acres (0.5 acres) in size and is surrounded by a mixture of uses on three sides, including single-family residential, medium- and high-density residential and commercial uses; c) The entire site and its surroundings have been formerly graded and completely developed. There are no known endangered, rare or threatened species on the site or in the immediate surroundings; d) The project has been reviewed by the City's Traffic Division and determined to result in 7 additional peak hour trips (3 in the AM peak hour and 4 in the PM peak hour). It is not anticipated that the proposed project would create significant sources of noise or air pollution, and the new residential use would generate noise levels that are similar to the other residential uses in the surrounding neighborhood, and e) All utlility agencies have indicated that per conditions required, they can provide required services to the new development. Environmental and Design Review (ED12-058) Conditions of Approval Communitv Development Department - Planning Division The project, as approved by the City Council shall be designed and installed in substantial conformance with the approved plans as modified per Attachment 6 in the June 16, 2014 City Council staff report. A full set of revised plans consistent with the two sheets shown in Attachment 6 of the City Council staff report (dated June 16, 2014), shall be submitted to the Planning department within 2 weeks of the City Council approval to create a complete set of approved plans for the Planning file. The revised site plan, elevations and landscape plan as presented and prepared by Camiccia Construction, date stamped Approved, June 16, 2014, shall be the same as required for issuance of a building permit, subject to the listed conditions of approval. Minor modifications or revisions to the project shall be subject to review and approval of the Community Development Department, Planning Division. Modifications deemed not minor by the Community Development Director shall require review and approval by the original decision making body. 3. A copy of the Conditions of Approval for ED12-058 shall be included as a plan sheet with the building permit plan submittal. Approved colors are as shown on the approved color and material board and also shown on elevation plan sheets. The approved color for the exterior stucco is Benjamin Moore #1496 "Raintree Green", Hardie Shingle is Benjamin Moore #1494 "Vale Mist", accent bands paint color is Benjamin Moore "Bone White". standing Seam metal roof color is "Aged Bronze", and windows and door colors is Benjamin Moore "Appalachian Brown". Any future modification to colors shall be subject to review and approval by the Planning Division. 5. This Environmental and Design Review Permit (ED 12-058) and Variance (V12-002) shall be valid for two years from the date of Planning Commission approval, or until June 16, 2016, and shall become null and void if building permits are not issued, or an extension is not granted before that time. 6. All new and existing landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. Any dying or dead landscaping shall be replaced in a timely fashion with new healthy stock of a size compatible with the remainder of the growth at the time of replacement. 7. All exterior lighting shall be shielded down. Following the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 60 -day lighting level review by the Police Department and Planning Division to ensure compatibility with the surrounding area. The applicant shall contact the Planning Division to request a final inspection, prior to the issuance of the final building permit. The request for final inspection by the Planning Division shall require a minimum of 48-hour advance notice. All landscaping must be installed prior to calling for the Planning final inspection. 9. Construction hours and activity (including any and all deliveries) are limited to the applicable requirements set forth in Chapter 8.133 of the San Rafael Municipal Code. 10. Archaeological Resources Technology Report (Page 12), dated December 7, 2012, has recommended monitoring at the site to determine the presence/absence of cultural resources. If, during the course of construction, cultural, archaeological or paleontological resources are uncovered at the site (surface or subsurface resources) work shall be halted immediately within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional archaeologist. The City of San Rafael Planning Division and a qualified archaeologist (i.e., an archaeologist registered with the Society of Professional Archaeologists) shall be immediately contacted by the responsible individual present on-site. When contacted, the project planner and the archaeologist shall immediately visit the site to determine the extent of the resources and to develop proper mitigation measures required for the discovery. 11. Prior to issuance of a grading permit, the applicant shall provide the Planning Department with a letter from the Federated Indians of Graton Rancheria that the proposed project has been reviewed for potential impacts to Native American cultural resources. 12. Prior to issuance of a building permit, the applicant shall pay $15,743.81 in Parkland Dedication fees. Communitv Development Department— Building Division 13. The design and construction of all site alterations shall comply with the 2013 California Residential Code (CRC), 2013 California Building Code (CBC), 2013 Plumbing Code, 2013 Electrical Code, 2013 California Mechanical Code, 2013 California Fire Code, 2013 California Energy Code, 2008 Title 24 California Energy Efficiency Standards, 2013 California Green Building Standards Code and City of San Rafael Ordinances and Amendments. Building pen -nit applications submitted on or after January 1, 2014 shall comply with the 2013 California Construction Codes. 14. A building permit is required for the proposed work. Applications shall be accompanied by 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 (Deferred Submittal to the Fire Prevention Bureau) g. Site/civil plans (clearly identifying grade plane and height of the building) h. Structural Calculations i. Truss Calculations j. Soils reports k. Green Building documentation 1. Title -24 energy documentation 15. Based on the CRC and CBC definitions, this project consists of a duplex dwelling and a 6 unit townhouse. Both the duplex and the townhouse are 3 stories in height (the roof deck is not considered a story similar to the CRC definition of a "Habitable Attic." 16. Fully fire-sprinklered duplex dwellings and townhouses with walls 3 feet or further from the property line can have unlimited wall openings (windows and/or doors) per CRC Table R302.1(2) 17. The building height must comply with CBC Section 504 and Table 503. On the plan justify the proposed building height. 18. 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. In new construction and substantial remodels, the address must be internally or externally illuminated and remain illuminated at all hours of darkness. Numbers must be a minimum 4 inches in height with '/2 inch stroke for residential occupancies and a minimum 6 inches in height with 1/2 inch stroke for commercial applications. The address must be contrasting in color to their background SMC 12.12.20. 19. You must apply for new addresses for the buildings from the Building Division. The address for structures is determined by the Chief Building Official. The address for the new units will be legalized upon completion of its construction. Each page of the plan's title block and all permit application documents must show the proposed building's address identification information. 20. The plan does not show the location of mechanical equipment. When located in the garage bollards must be placed to protect water heaters and furnaces from vehicular damage (when located in the path of a vehicle). 21. Any demolition of existing structures will require a permit. Submittal shall include three (3) copies of the site plan, asbestos certification and PG&E disconnect notices. Also, application must be made to the Bay Area Air Quality Management District prior to obtaining the permit and beginning work. 22. School fees will be required for the project. School fees for residential construction are currently computed at $2.05 per square foot of new living area. Calculations are done by the San Rafael City Schools, and those fees are paid directly to them prior to issuance of the building permit. 23. 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 Division and Department of Public Works for review and comments prior to any such activities taking place. 24. A grading permit may be required for the above-mentioned work. 25. This project is subject to the City of San Rafael Green Building Ordinance. A sliding scale is applied based on the total square footage of new single family and duplex dwelling projects. New dwellings must comply with the "Green Building Rating System" by showing a minimum compliance threshold between 75 and 200 points. Additionally the energy budget must also be below Title 24 Energy Efficiency Standards a minimum 15% up to net zero energy (sliding scale based on square footage). Public Works Department— Land Development Division 26. A grading permit is required from the City of San Rafael, Department of Public Works. 27. Include and make part of the project plans, the sheet noted "Pollution Prevention — Its part of the plan." Copies are available on the City of San Rafael website www.citvofsanrafael.ora. 28. Prior to issuance of a building permit, a Traffic Mitigation fee of $29,772 (3 AM + 4PM trips) is required. San Rafael Sanitation District 29. Existing facilities, including sewer lines, should be screened back to a lighter weight, and proposed facilities drawn in black. 30. The existing sewer lateral which is being abandoned should be in a lighter line type and feature hash marks. The new hashed line type for the abandoned pipe should also be shown in the legend. 31. Pipe material, and minimum cover for the laterals should be indicated. Acceptable pipe materials for side sewer laterals can be found on page 85 of the 2007 SRSD Standard Specification and Drawings 32. The minimum size for any of the laterals shall be 4". All laterals shall have a minimum slope of 1%. Please indicate this on the plans. 33. An additional cleanout is required near the south west corner of the 6 unit complex. 34. Trench section details conforming to the SRSD Standard Specification are required and shall be included on the plans 35. The applicant shall perform a Closed circuit Television (CCTV) inspection of the 6" VCP on Ida Street beginning at the sanitary sewer cleanout extending past the property line. The results of the inspection shall be submitted to the San Rafael Sanitation District for their review. If the pipe is detennined to be in fair to poor condition, you may be required to replace the existing line at your cost. When you televise the sewer mainline, SRSD crews shall be present when you enter the manhole. Please contact SRSD at (415) 458-5369 to coordinate the televising of the sewer main. 36. The utility plans shall be stamped and signed by a civil engineer licensed in the State of California before the plans can be approved or the building permit issued. 37. Prior to issuance of a building permit, sewer connection fees in the amount of $66,753.84 are required and shall be paid to the San Rafael Sanitation District. Marin Municipal Water District 38. The project site is currently being served. The purpose and intent of existing Service is to No. 00900 is to provide water to a single family dwelling. The proposed demolition of the existing structure and construction of eight (8) new townhomes will not impair the Districts ability to continue service to this property. Water service required for the new townhomes will be available upon request and fulfillment of the requirements listed below. Please note, meter locations are subject to MMWD review and approval. a. Complete a High Pressure Water Service Application b. Submit a copy of the building permits c. Pay appropriate fees and charges d. Comply with the District's rules and regulations in effect at the tirne service is requested e. Comply with all indoor and outdoor requirernents of District Code title 13 — Water Conservation. Plans shall be submitted, and reviewed to confine compliance. The following are required: verification of indoor fixtures compliance, landscape plan, irrigation plan, grading plan. Any questions regarding District Code Title 13 should be directed to the Water Conservation Department at 415-945-1497. You can also find information at www.marinwater.orr? f. Comply with the backflow prevention requirements, if upon the District's review backflow protection is warranted, including installation, testing and maintenance. Questions regarding backflow requirements should be directed to the Backflow Prevention Program Coordinator at (415) 945-1559. Tentative Map (TS13-002) Conditions of Approval Communitv Development Department - Plannin4 Division 1. The Tentative Map (TS13-002) shall be valid for a period of two (2) years from the date of Planning Commission approval, or until June 16, 2016, and shall become null and void unless a Final Map has been recorded or a time extension is granted. The project shall be subject to the affordable housing requirements prescribed in Section 14.16.030 of the San Rafael Zoning Ordinance and is therefore required to provide 1 of the 8 units as affordable. Prior to the issuance of a building permit or recordation of the final map, whichever occurs first, a Below Market Rate (BMR) agreement for the 1 affordable unit shall be approved by the City Council and recorded on the property. Consistent with the affordable housing requirements and the request for a state density bonus, the unit shall be affordable to low-income households. The location of the BMR units shall be identified on the project plans and the final location shall be subject to review and approval of the City as part of the City's consideration of the BMR agreement. 3. 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 $15,743.81 in Parkland Dedication fees in accordance with the provisions of City Council Ordinance No. 1558. Adjustments of this figure may be necessary at the time of fee payment if the fair market value for parkland and associated improvements is adjusted in accordance with Section 15.38.045 of the Ordinance. 4. Conditions, Covenants and Restrictions (CC&R's) shall be prepared and submitted with an application for a Final Parcel Map. The CC&R's shall include the following requirements and provisions: a. The formation of a homeowners association (HOA). b. HOA responsibilities for ongoing maintenance of the shared or common facilities, including but not limited to the common driveway, common landscaping and irrigation, fencing, subdivision infrastructure improvements (storm water and sanitary sewer facilities) and exterior building and lighting improvements. c. HOA financial responsibility for center lane striping modifications that may be required in the future to coordinate with Caltrans street improvements proposed along Lincoln Avenue near the project site. d. Restrictions and regulations imposed on each lot owner. The CC&R's shall include provisions, which restrict the use of the parking spaces to vehicle parking. e. Requirements and provisions for professional management services or the services of a Certified Public Accountant to oversee the HOA responsibilities and budget. Prior to recordation of the final map, the CC&R's shall be reviewed and approved by the Department of Community Development, the City Attorney's Office, and the Redevelopment Agency. 6. Approved CC&R's shall be recorded concurrently with the final map. 1, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 16th day of June 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Connolly ESTHER C. BEIRNE, City Clerk