MARIN COUNTY
COMMUNITY DEVELOPMENT AGENCY

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| Ordinance |

GENERAL STANDARDS:

1. Except as modified by conditions of approval herein, this decision recommends approval of the French Ranch Master Plan Amendment to the Board of Supervisors and approves the Precise Development Plan, and Vesting Tentative Subdivision Map for 33 dwelling units, including the existing residence on the project site (Lot 22), the creation of 31 single family residential lots within five designated building areas (Building Areas 1-5), and a ranch manager's residence for the equestrian center approved herein (Lot 23), design approval for 18 single-family residences on Lots 1-9 and 13-21, an equestrian center with the capacity for 20 horses in paddocks and 15 horses in a pasture (Lot 23), a ranch manager's office at the equestrian center (Lot 23), an Advanced Integrated Wastewater Pond System (AIWPS) for the proposed residences, equestrian center, and the adjacent Lagunitas School District facilities, the use of treated waste water from AIWPS for irrigation of recreational fields and landscaping at the Lagunitas School District facilities, the San Geronimo Valley Golf Course, and landscaping within the French Ranch project area, an enhanced wetlands area (Parcel A), infrastructure serving the residential, equestrian and sewer system uses, dedication of approximately 463 acres or more of open space (Parcel C) and associated trail easements to the County, enhancement of riparian and native grassland areas, new landscaping within development areas, and the creation of an approximately 3-acre agricultural parcel (Parcel D) on property identified as Assessor's Parcel Number 168-250-29, and 6400 Sir Francis Drake Boulevard, San Geronimo. This approval permits the 26 residential lots granted by the French Ranch Master Plan in addition to seven additional dwellings pursuant to a State Density Bonus according to Government Code Section 95615 and Marin County Code Chapter 22.97. The developer shall construct at least three very low income dwelling units, as further required by Conditions 6 and 7 below, in exchange for receiving the density bonus of seven additional dwelling units.
   
   
2. The Precise Development Plan and Vesting Tentative Map approvals will be effective upon the effective date of the Board of Supervisors approval of the Master Plan Amendment application.
   
   
3. This Precise Development Plan and Vesting Tentative Map approves the subdivision design, infrastructure (roads, utilities, drainage), the design of residential improvements on Lots 1-9 and 13-22, the equestrian center on Lot 23, the Advanced Integrated Waste Water Pond System (AIWPS) and enhanced wetlands area on Parcel A, public open space dedication on Parcel C, and trail access easements within the proposed development areas. Since the Precise Development Plan does not specify floor plans, specific locations, or other details of the buildings on Lots 10-12 (Building Area 2) and 23-31 (Building Areas 4 and 5), and the uses and improvements for the restricted agricultural parcel (Parcel D), these future components of the project are subject to subsequent development entitlements from the County.
   
   
4. The Precise Development Plan approval will only vest those components of the amended French Ranch Master Plan approval that are specified in Condition 1 above. The remaining components of the amended Master Plan approval must be vested by subsequent Precise Development Plan and/or Design Review approvals within two years of the effective date of this approval unless an extension is applied for and granted by the Community Development Director. The Precise Development Plan and Vesting Tentative Map granted herein shall be vested by recording a Final Map(s) for the approved lots and obtaining Building Permits for the approved structures and other improvements within two (2) years from the effective date of the Board of Supervisors approval (specified above in Condition 2) or all rights granted in these approvals shall lapse unless the applicant applies for an extension at least 30 days prior to the expiration date and the Community Development Director approves the request.
   
   
5. Plans for subsequent subdivision and development of the project site shall conform substantially to the following materials maintained in the administrative records for the proposed project at the Marin County Community Development Agency Planning Division:
   
   
   1. Plans identified as Exhibit A, French Ranch Vesting Tentative Map and Precise Development Plan, Sheets T1-T4, C1-C8, C4A, A1-A25, I.2, L1-L4.1, and S1, as revised, and Sheets SK2 and SK3 prepared by I. L. Schwartz Associates, Inc, Backen, Arrigoni & Ross, Inc., and ZAC Landscaping;
      
      
   2. The application narrative identified as Exhibit B, including but not necessarily limited to the technical reports and other information contained in Attachments A-S, Additional Information regarding the Lagunitas School French Ranch AIWPS Reclamation Facility requested by EOA, prepared by Oswald Green, LLC, dated February 27, 1997, Response to Initial Study: Native Grasslands, Special Status Species, prepared by Diane Renshaw, dated May 28, 1996, and Revised Geotechnical Remediation for Lot 29, prepared by Miller Pacific Engineering Group, dated May 27, 1997;
      
      
   3. The colors and materials sample board for exterior building finishes identified as Exhibit C.
      
      
6. Prior to issuance of residential building permits or recordation of the Final Map for residential development, whichever occurs first, the applicant (which hereafter means French Ranch LLC or their successors in interest in the project site or any part thereof) shall enter into a Below Market Rate Housing Agreement with the County of Marin and the Housing Authority of the County of Marin for the construction of three very low income dwelling units on Lots 1-3 as shown in Exhibit A. Very low income unit shall be affordable to households earning less than fifty (50) percent of the County median income. The County and/or the Marin Housing Authority may designate one or more of the inclusionary units for the purpose of developing a senior housing project. Minor modifications to the design of the inclusionary units may be permitted at the discretion of the Community Development Director to accommodate a senior housing project or other shared-living arrangement.
   
   
7. The BMR dwelling units on Lots 1-3 shall be constructed and shall pass final inspection by CDA, Building Inspection Division with the first phase of residential construction and prior to or concurrent with the issuance of occupancy for the first market rate dwelling unit.
   
   
8. Prior to or concurrent with the recordation of the first Final Map (or Parcel Map), the applicant shall dedicate approximately 463 acres of the project site (Parcel C) and the proposed trail access easements located within the proposed development areas to the Marin County Open Space District as shown in the project plans (Exhibit A). The size and configuration of the dedicated open space parcel may be adjusted to accommodate the AIWPS Storage Pond 2 and related irrigation areas subject to review and approval of the Final Map by the Community Development Director and Open Space District.
   
   
9. Prior to issuance of a certificate of occupancy or recordation of the Final Map for the equestrian center, whichever comes first, the applicant shall submit to the Community Development Director for review and approval a deed restriction and recreation easement for recordation against the title to Parcel 23. The deed restriction and recreation easement shall l stipulate that the property will be used for equestrian purposes in perpetuity unless otherwise permitted by the County and subject to enforcement by the County. The deed restriction may further stipulate that the equestrian center will be open to the pubic subject to availability of facility space and payment of use fees charged by the operator. Any future recreational use of the property other than equestrian shall be subject to Master Plan Amendments. (Master Plan Condition 31)
   
   
10. Prior to final inspection of the AIWPS facility or recordation of the Final Map for Parcel A, whichever occurs first, the applicant shall submit to the Community Development Director for review and approval a deed restriction for recordation against the title to Parcel A as approved herein. The deed restriction shall stipulate that the property will be used for the operation of the AIWPS and the enhanced wetlands area in perpetuity unless otherwise permitted by the County and subject to enforcement by the County. Any future use of the property other than the AIWPS and enhanced wetlands area shall be subject to the procedural requirements of a Master Plan.
    
    
11. Prior to the recordation of the Final Map for the restricted agricultural parcel, the applicant shall submit to the Community Development Director for review and approval a deed restriction for recordation against the title to Parcel D as shown in Exhibit A. The deed restriction shall stipulate that the property will be used for agricultural purposes, meaning the production of food or fiber, horticulture, or open space in perpetuity subject to proper County permits and enforcement by the County.
    
    
12. Prior to issuance of Building Permits for any phase of this project, the applicant shall submit Improvement Plans for that phase which shall provide for the required roadways, drainage improvements, traffic improvements, and other relevant improvements, and shall make all arrangements required by the County to ensure that these improvements are completed in conjunction with the proposed development (Master Plan Condition 10). Compliance with this condition shall include, but is not limited to the submittal of a performance agreement and financial security to ensure that the AIWPS is completed and operational, or alternatively the existing wetlands affected by construction of the AIWPS are restored to their preexisting condition in the event the AIWPS is not completed and operational, as required herein. The performance agreement shall be subject to review and approval by the Community Development Director prior to the issuance of Grading Permits, Improvement Plans, or Building Permits for the AIWPS.
    
    
13. All stages of project development shall conform with the adopted Mitigation Monitoring Program, as modified by the adopted version of the conditions of project approval, and the applicant shall demonstrate compliance with each of the required mitigations as verified by the County of Marin and other responsible agencies (Master Plan Condition 11).
    
    
14. Future development for new single-family residences within Building Areas 2, 4, and 5, and proposed additions or modifications to the buildings and improvements approved herein, shall be subject to applications for Precise Development Plan or Design Review. Additions and modifications which are minor and incidental and consistent with the approval herein and the County Code may be exempt from discretionary permit review as determined by the Community Development Director. Plans submitted for future development shall be consistent with the following development standards:
    
    
    1. All buildings shall substantially conform to the approved designs as depicted in the project plans (Exhibit A) and the French Ranch Design Guidelines incorporated into the application narrative (Exhibit B) as Attachment B. The Director may permit minor modifications to the approved designs, including but not limited to the placement of windows or doors, changes in roof pitch, and exterior materials and colors, so long as the overall architectural style and appearance of the approved buildings are retained and such modifications are consistent with all conditions of approval for the French Ranch project.
       
       
    2. The Improvement Plans, Building Permits, and future Precise Development Plans and/or Design Review plans shall include final building envelopes that comply with the following in addition to other design standards contained or incorporated herein by reference:
       
       1) Building envelopes shall be restricted to the lower elevations of the property to minimize grading, preserve natural land forms and hillside areas, and to reduce the visual prominence of homes and accessory structures;
       
       2) Building envelopes, in addition to other developed portions of the French Ranch property, shall not exceed a total of 5 percent of the entire property;
       
       3) Building envelopes shall be restricted to avoid or minimize the impacts of development on native grasslands, the blue-line stream, seasonal drainages, seeps, serpentine areas, and the Mt. Tamalpais Manzanita bush and rock outcropping as recommended in the project-Initial Study and specified herein in by other conditions of approval.
       
       
    3. All buildings shall be one story except that an additional story may be permitted within the attic areas through the use of dormers and gabled roof forms. Buildings shall not exceed a maximum height of 25 feet from natural grade except that the County may allow architectural elements, and/or homes to attain a maximum height of 30 feet according to the following provisions:
       
       1) Within Building Areas 4 and 5, exceptions to the twenty-five (25) foot height restriction will only be allowed in order to provide architectural features-that further the rural architectural vernacular and provide architectural interest;
       
       2) Within Building Areas 1, 2, and 3, exceptions to the twenty-five (25) foot height restrictions may be permitted to allow new homes or additions to the residential designs approved herein to attain a height of 30 feet through review and approval of the Precise Development Plan. Such an increase will only be permitted if the applicant can demonstrate, through the use of story poles and/or visual simulation, that the increase in height will not detract from the scenic qualities of the site, be inconsistent with the surrounding community character, and/or detract from the light, air, privacy, or views of homes on or adjacent to this property.
       
       
    4. The combined floor area of all structures located on each residential lot shall not exceed 4,000 square feet, including garages and accessory structures.
       
       
    5. All buildings constructed on the French Ranch shall be located within the approved building clusters, and shall be designed and sited to preserve and protect native vegetation, rock outcroppings, riparian corridors, and the visual qualities of the site to the maximum extent possible, and in compliance with the other provisions of this approval.
       
       
    6. The density range and aggregate floor area of residential structures shall not exceed the following maximums:
       
        

       Building Area	Approximate Area	Maximum Density	Maximum Aggregate Floor Area
       1	1.4 Acres	9 Units	15,365 square feet
       2	1 Acre	3 Units	10,149 square feet
       3	5 Acres	10 Units	33,551 square feet
       4	4 Acres	8 Units	29,600 square feet
       5	0.7 Acres	2 Units	7,400 square feet
       Lot 23	8.8 Acres	1 Unit	800 square feet
       TOTAL	12.1 Acres	33 Units	96,865 square feet

       
       (Master Plan Condition 12)
       
       
    7. The ranch manager dwelling/office on Lot 23 (equestrian center) is approved for up to 1,000 square feet of floor area to be allocated between residential and office uses. The maximum floor area of the dwelling shall not exceed 800 square feet and the maximum building height shall not exceed 25 feet above natural grade.
       
       
15. Concurrent with future phased Precise Development Plan or Design Review applications for Building Areas 2, 4, and 5, the applicant shall submit an updated housing program for the French Ranch property for review and approval by the Director. This housing program shall ensure that development within the approved building clusters does not exceed the density or aggregate floor areas approved herein.
    
    
16. Exterior building finishes for the proposed residences shall substantially conform to color/material board identified as Exhibit C of the project file. The Building Permit plans and future Precise Development Plans or Design Review plans shall demonstrate a mixture of exterior siding materials within each of the approved building areas subject to approval by the Community Development Director. Exterior siding shall be natural wood, such as shingles, ship-lap, or board-and-batten. Stucco exterior siding materials are not approved herein. Minor modifications to the approved materials and colors may be granted administratively by the Community Development Director.
    
    
17. Vegetated swales shall be used instead of curbs and gutters unless otherwise required by the Public Works Director to meet Title 24 development standards.
    
    
18. All residences shall be designed and include the following:
    
    
    1. All windows shall be operable to reduce the need for artificial heating and cooling;
       
       
    2. Use daylighting controls and other types of control devices to conserve energy needed for lighting.
       
       
19. All utilities serving the project shall be installed underground.
    
    
20. Prior to recordation of a Final Map, the Community Development Director shall review the subdivision CC? to verify they are in compliance with these conditions of approval, including but not limited to the maintenance and monitoring provisions set out in the Grassland Mitigation and Management Plan identified as Attachment K of the application narrative, the Response to Initial Study: Grasslands, Special Status Species, prepared by Diane Renshaw, and dated May 28, 1997, and the Proposed Wetlands Mitigation and Monitoring Plan as specified in the project plans (Exhibit A) and Attachment M of the project narrative (Exhibit B).
    
    GEOTECHNICAL/EROSION CONTROL:
    
    
21. The final construction drawings submitted to the Department of Public Works (DPW) for review and approval shall incorporate the recommendations contained in the Miller Pacific Engineering Group Geotechnical Investigation. In addition, the final construction drawings for the AIWPS submitted to the DPW for review and approval shall incorporate the recommendations contained in the Miller Pacific Engineering Group Geotechnical Investigation Lagunitas School and French Ranch Advanced Integrated Wastewater Pond System Marin County, California report, subsequent letter dated March 26, 1997, and other recommendations contained in the final geotechnical specifications and plans subject to review and approval by the DPW and Community Development Director. (Negative Declaration Mitigation 3a-1)
    
    
22. Prior to the issuance of Improvement Plans and/or Grading Permits the applicant shall submit an Erosion Control Plan to the DPW for review and approval. The plan shall incorporate the recommendations contained in the Miller Pacific Engineering Group Geotechnical Investigation French Ranch Subdivision Marin County, California report (Negative Declaration Mitigation 3a-1/3a-2), and shall include the standards contained in Master Plan Condition 21(a) as follows:
    
    
    1. An Erosion Control plan, prepared by the project civil engineer, which indicates the location of all erosion control measures, including temporary erosion control measures such as silt fences and straw bales, to be provided, as necessary, and adhered to during and after construction to contain silt on site and minimize erosion until adequate vegetation is established. In order to minimize erosion and siltation, grading shall occur during the dry season (generally April 15 to October 5) unless appropriate erosion control measures, which satisfy County erosion control requirements, can be designed to allow work during the wet season. The erosion control plan shall include the following:
       
       1) On-site protection, seeding and mulching of bare ground, planting trees and shrubbery in both disturbed upland and riparian areas, and adopting other forms of biotechnical slope stabilization such as appropriately staked straw bale dikes, or staked plant wattles on the slope contour.
       
       2) Erosion control measures along unpaved pedestrian and equestrian trails which are planned for the development areas. Such measures shall include construction of water bars, outsloping of the trail bed, or other approved measures that reduce the concentration of trail runoff. Any culvert crossings shall be constructed with adequate energy dissipation at the outlets.
       
       3) Repair of the active gully and headcut on Tributary D2, as identified in exhibit 5.34 of the French Ranch EIR, to stabilize the channel and adjacent lot boundaries and to limit sedimentation in the golf course detention basin. Repair measures shall include grading back of steep gully side slopes and construction of loose rock, layered brush or post and pile type check dams. The headcut shall be graded and plugged with loose rock in a manner that ensures loss of underlying fine sediments. These measures and associated revegetation of exposed/graded areas shall be incorporated into the project erosion control plan which is submitted to the County Public Services Agency.
       
       
    2. If necessary, an approved National Pollution Discharge Elimination System (NPDES) General Construction Activity Permit, or the equivalent permit required by the Coastal Zone Act Reauthorization Amendments, from the Regional Water Quality Control Board (RWQCB). Approval of this permit will depend on the acceptability of the measures which are proposed to minimize the potentially significant water quality impacts as outlined in the Notice of Intent. To successfully obtain a NPDES permit, the measures contained in the incorporated stormwater management plan will have to be consistent with the current technology for sediment control and stormwater contaminant reduction.
       
       (Master Plan Condition 21)
       
       
    ADVANCED INTEGRATED WASTE WATER POND SYSTEM:
    
    
23. The applicant shall submit final construction plans and specifications for the Advanced Integrated Waste Water Pond System (AIWPS) to the CDA Building Inspection Division for review and approval. The plans and specifications shall include and/or demonstrate that the standards listed below have been satisfied.
    
    
    1. Show that each pond has been designed to provide a minimum of one foot of freeboard at all times.
       
    2. The plans and specifications shall clearly identify overflow weirs or other design features provided for this purpose. (Negative Declaration Mitigation 4c-1)
       
       
    3. The storage pond volume shall be sufficient to contain the maximum design wastewater flow plus the rainfall which is expected to be incident upon the treatment ponds and the storage ponds during the wet season of ten year recurrence interval. Specifically, 13.5 acre foot of usable storage volume shall be provided at Storage Pond 1 and connections to the wastewater treatment system shall be limited to the school district facilities plus eight houses (total influent flow not to exceed 12,000 gpd annual average daily flow) until 8.5 AF additional storage are constructed. Additional storage shall be constructed prior to any additional connections, at the location referred to as the Hill Site in the Feasibility Study. In addition, incorporate into the AIWPS plans and specifications provisions to insure that one foot of additional freeboard, in addition to the necessary usable volume identified above, will also be provided in these ponds to prevent overflow during extreme wet weather events late in the wet season. The AIWPS plans and specifications shall also include storage ponds which provide the required volume at each location. The plans and specifications shall include necessary supporting calculations of volume. (Negative Declaration Mitigation 4c - 2)
       
       
    4. Incorporate into the AIWPS plans and specifications provisions that the ponds shall be provided with backup mechanical aerators. A minimum of 3 mg/l of dissolved oxygen shall be maintained in the facultative and high rate ponds at all times, and a minimum of 1 mg/l dissolved oxygen shall be maintained in the algae settling ponds at all times (measured at 12 inches below the water surface). A report shall be filed with the CDA Environmental Health Services Division and/or the RWQCB by the AIWPS operator once a year to verify that the AIWPS is being operated in compliance with these standards. (Negative Declaration Mitigation 5d-1)
       
       
    5. The final construction plans and specifications for the AIWPS facility shall demonstrate that both the treatment ponds and storage ponds shall be lined with engineered clay liners which shall limit the permeability to 10-7 cm/sec. The geotechnical engineer shall certify that this liner will be sufficient to prevent both percolation and infiltration at rates higher than the specified rate. The geotechnical engineer shall supervise and/or inspect the construction as necessary to certify that the construction is consistent with the design specifications. Prior to issuance of construction permits for the AIWPS facility, the CDA Building Inspection Division will verify that the applicant has satisfied these requirements. (Negative Declaration Mitigation 4c-4)
       
       
    6. Plans and specifications provisions to limit unauthorized human access to the wastewater and storage pond systems by fencing as necessary, and to insure that the ponds shall be equipped with aspiration-type aerators which minimize the production of aerosols.
       
       
    7. File report of waste discharge with RWQCB and obtain waste discharge permit and/or water reclamation permit as determined by RWQCB.
       
       
    8. Reclaimed water shall be treated, stored, distributed, and applied in compliance with the California Department of Health Services (DHS) Water Reclamation Criteria as specified in the proposed revisions to the California Code of Regulations Title 22 Chapter 3 Sections 60301-60321, for either "unrestricted irrigation reuse" or "restricted irrigation reuse".
       
       
    9. A monitoring report shall be filed with the RWQCB by the AIWPS operator as required in the permit to verify that the AIWPS is being operated in compliance with RWQCB requirements and DHS regulations.
       
       (Negative Declaration Mitigation 9c-1)
       
       
    10. The wastewater solids, including algae from the settling ponds, and any other dewatered solids which may be generated shall be handled, stored, and disposed or reused in compliance with, as applicable, EPA Part 503 sludge regulations, Part 257 Solid Waste Regulation, and State of California waste regulations (Chapter 15 CAC).
        
        
    11. A report shall be filed with the CDA Environmental Health Services and/or the RWQCB by the AIWPS operator once a year to verify that the AIWPS is being operated in compliance with appropriate EPA sludge regulations and State of California waste regulations.
        
        (Negative Declaration Mitigation 9c-2)
        
        
24. In conjunction with the submittal of final construction plans and specifications for the AIWPS facility, the applicant shall submit an Irrigation Area Plan for review and approval by the CDA Building Inspection Division and the Community Development Director to ensure sufficient capacity to draw the storage pond levels down completely during the irrigation season. This plan shall include but not be limited to the following:
    
    
    1. A minimum of 10.35 acres of irrigation area which is in full compliance with DHS regulations and guidelines;
       
       
    2. The areas to be irrigated can be irrigated at a rate which takes full advantage of evaporation/transpiration capacity;
       
       
    3. The areas to be irrigated are either entirely under the control of the Lagunitas School District and/or French Ranch or such areas are subject to a binding, long-term agreement with the AIWPS operator to accept the entire annual design flow, including treated effluent and incident rainfall, in full compliance with DHS regulations and guidelines. The agreement shall be subject to review and approval by the Community Development Director in consultation with County Counsel;
       
       
    4. The areas to be irrigated shall be clearly identified along with specifications and identification of vegetation to be irrigated and irrigation rate on a monthly average basis;
       
       
    5. Provisions for release of treated waste water into the enhanced wetlands area at such time as permitted by State and Federal agencies;
       
       
    6. The open water storage pond shall retain treated waste water throughout the year unless technically infeasible or prohibited by the RWQCB or other permitting agencies.
       
       The Irrigation Area Plan improvements shall be constructed and operated in conjunction with the operation of the AIWPS facility. (Negative Declaration Mitigation 4c-3)
       
       
25. Prior to issuance of Improvement Plans or Grading Permits, the applicant shall obtain permits for the design and operation of the AIWPS from the RWQCB and any other permitting agencies and submit verification of such permit approvals to the CDA Planning Division. Prior to County and State approvals for the design and operation of the AIWPS, the Community Development Director may authorize the issuance of a Grading Permit for initial construction phases of the AIWPS subject to approval by the RWQCB and other permitting agencies.
    
    
26. Prior to issuance of Improvement Plans or Grading Permits, the applicant shall submit to the Community Development Director for review and approval a plan which demonstrates the ability of the AIWPS operator to maintain adequate processing and storage capacities at the AIWPS facility by reusing treated waste water from the AIWPS for irrigation at the Lagunitas School and common landscaping within the project site. Treated waste water from the AIWPS may also be used for other off-site purposes, such as irrigation of the San Geronimo Valley Golf Course, subject to proper governmental approvals. The plan shall also include all necessary binding, long-term agreements with entities receiving and reusing the treated waste water subject to review and approval by the Community Development Director in consultation with County Counsel and enforcement by the County and/or RWQCB. This information shall be consistent with the Irrigation Plan required by Condition 23 above. (Master Plan Condition 28).
    
    
27. The construction permits for the AIWPS shall not be issued by the County until the applicant has obtained all required approvals from other permitting agencies and submitted evidence of such approvals to the Community Development Director. Prior to County and State approvals for the design and operation of the AIWPS, the Community Development Director may authorize the issuance of a Grading Permit for initial construction phases of the AIWPS subject to approval by the RWQCB and other permitting agencies. The AIWPS must be constructed and authorized for operation prior to the final occupancy for the first residential or equestrian building on the project site and/or connection to the Lagunitas School District facilities. Construction permits for the AIWPS may be issued in advance of the subdivision Improvement Plans to accommodate the Lagunitas School District.
    
    
28. Prior to operation of the AIWPS, the applicant shall receive necessary approvals and establish a County Service Area, or other public entity acceptable to the Community Development Director, to operate, maintain, monitor, and manage the AIWPS and adjacent wetlands enhancement area.
    
    
29. The final design of the AIWPS shall include an off-street parking space for the AIWP operator either on the project site or the adjacent Lagunitas School property subject to review and approval by the DPW and the Lagunitas School District. The Community Development Director may administratively authorize minor modifications in the final design and configuration of the AIWPS facility and/or Parcel A to accommodate space for a community recycling center.
    
    HYDROLOGY AND WATER QUALITY:
    
    
30. Prior to issuance of Improvement Plans or Grading Plans, the applicant shall submit the information listed below to the DPW for review and approval:
    
    
    1. Removal of the Rl roadway crossing on the blue-line stream situated between Building Areas 2 and 3 (Stream B as identified in exhibit 5.34 of the French Ranch EIR) and preservation/protection of the existing grade with appropriate at grade rock stabilization. The at grade stabilization should be designed to preserve the existing channel grade and prevent gully formation, while eliminating the flow and habitat obstruction formed by the existing structure. If the roadway crossing is removed, the applicant shall construct a foot bridge to accommodate future trail access. The foot bridge shall, to the extent feasible, be designed to minimize alterations within the stream bed and banks and use natural materials and colors to reflect the surrounding natural setting. A 1603 Stream Alteration Agreement shall be obtained from the Department of Fish and Game prior to the start of removal and/or construction.
       
       
    2. Verification that proper permits have been obtained from the U.S. Army Corps of Engineers, Regional Water Quality Control Board, Department of Fish and Game, and other permitting agencies for approved construction work within the stream and drainages and the wetlands fill associated with development of the AIWPS and wetlands enhancement area in Parcel A.
       
       
    3. Apply for and receive approval of any necessary permits to comply with the Clean Water Act. Such permits may include a NPDES General Construction Activity Permit or permits required by the Coastal Zone Act Reauthorization Amendments as determined by the RWQCB. These permits would require implementation of mitigation measures that reduce the discharge of water borne contaminants in urban stormwater runoff, including prescribed Best Management Practices for treatment of stormwater runoff.
       
       (Master Plan Condition 13)
       
       
31. The Improvement Plans and Grading Permits shall include the following measures to reduce the cumulative impact of projected watershed development on water quality in San Geronimo Creek:
    
    
    1. BMP (Best Management Practices) measures for control of non-point source contaminant discharge in stormwater runoff;
       
       
    2. A program for monitoring water quality and aquatic habitat in San Geronimo Creek. This plan shall be developed in consultation with the California Department of Fish and Game, the Regional Water Quality Control Board, and the Marin Municipal Water District.
       
       (Master Plan Condition 22)
       
       
32. Prior to issuance of Improvement Plans or Grading Permits the applicant shall enter into a Watershed Protection Agreement with the Marin Municipal Water District. (Master Plan Condition 23)
    
    TRAFFIC:
    
    
33. Prior to issuance of Improvement Plans and/or Grading Permits the applicant shall post a bond, or some other security, to cover the cost of installing necessary traffic improvements at the main entrance to the site along Sir Francis Drake Boulevard including, but not limited to, posting signs that prohibit left turns into the project site during periods of peak traffic, increasing the width of the travel lane and/or shoulder so that vehicles could more easily pass cars waiting to turn into the project site, and/or constructing a left turn lane to provide access to the project site.
    
    The final design of all subdivision improvements shall be developed in consultation with the DPW. The DPW may authorize minor modifications to the required improvements based on more detailed analysis of site specific conditions.
    
    (Master Plan Condition 24)
    
    
34. The Improvement Plans shall include the relocation of the existing School Children's' Pathway crossing of the main access roadway along Sir Francis Drake Boulevard at least 60 feet to the north of Sir Francis Drake Boulevard. This work shall be completed in conjunction with the subdivision roadway improvements. The Community Development Director will review the Improvement Plans to verify compliance with this condition. (Master Plan Condition 24)
    
    
35. Prior to issuance of Improvement Plans or Grading Permits, the applicant shall submit the following for review and approval by the DPW:
    
    
    1. A construction traffic management plan which:
       
       1) Limits all fill haul truck operations to the hours of 9:00 AM to 2:00 PM;
       
       2) Stops fill haul truck activity along Sir Francis Drake Boulevard 15 minutes before the end of the school day on those days when the Lagunitas School Complex lets out before 2:00 PM; and
       
       
    2. An evaluation of pre-construction pavement conditions along Sir Francis Drake Boulevard between San Anselmo and the project site, and Nicasio Valley Road between Lucas Valley Road and Sir Francis Drake Boulevard. This evaluation shall be prepared in coordination with the public works departments from Towns of Fairfax and San Anselmo. The applicant shall reevaluate roadway conditions after project completion in order to determine if project truck traffic causes any additional pavement deterioration beyond normal wear and tear. The project applicant shall be fully responsible for repairing any pavement deterioration caused by project construction traffic to pre-project conditions in conformance with the State Streets and Highway Code. (Master Plan Condition 25)
       
       
36. Prior to issuance of Building Permits for residential development, the applicant shall pay its fare share of the necessary traffic improvements to mitigate cumulative traffic impacts at the Nicasio Valley Road/Sir Francis Drake Boulevard intersection. Presently, the project's share is estimated at $2,000 per unit, or $50,000. The applicant shall work with the DPW to establish the actual cost of necessary improvements, and shall make arrangements to pay its fair share of these improvement costs. (Master Plan Condition 26)
    
    
37. Pursuant to the Marin County Congestion Management Program (CM), the applicant shall pay to the County traffic mitigation fees which are in effect at the time and Building Permits are issued for the project. (Master Plan Condition 27)
    
    EQUESTRIAN CENTER:
    
    
38. Prior to issuance of Improvement Plans, Grading Permits, or Building Permits for the Equestrian Center, the applicant shall submit a final management plan for the equestrian center to the Community Development Director for review and approval. This plan shall be prepared in consultation with the California Department of Fish and Game, the Regional Water Quality Control Board, and the Marin Municipal Water District to ensure that it adequately protects water quality in the project vicinity. Among other things, this plan shall include the information listed below.
    
    
    1. Provide a detailed description of the use and operation of the equestrian facility.
       
       
    2. Establish a program for manure collection, storage, and disposal. This program may include a plan for composting manure on-site. If manure is not composted, manure storage should be temporary, with frequent scheduling of waste removal to an appropriate disposal or treatment site. Details of any composting and/or removal program should be included in the stormwater management program submitted to the County under the NPDES stormwater permit guidelines.
       
       
    3. The final construction drawings shall include diversion system for stormwater runoff in and upslope of the outdoor paddock and stabling areas at the equestrian center. Upslope runoff that would naturally enter the equestrian facilities should be collected in grass-lined drainage channels and routed around the area to prevent contamination and to lessen the potential entrapment of suspended material in runoff. Immediately following construction, it would probably be necessary to protect the newly graded channels with an erosion control blanket until an adequate cover is established.
       
       
    4. The final construction drawings shall include a detention basin along the intermittent drainage (Stream B), revegetation of cut slopes above the parking area to the equestrian center with native grasslands with a cover class 4, and restrictive fencing in the pasture area to protect existing native grasslands, restored native grasslands, and seeps. (Negative Declaration Mitigation 7-1)
       
       
    5. Demonstrate that all stabling and waste storage areas will be constructed to be free of intrusion by direct rainfall or runoff from outdoor paddock areas, and so that all interior floors are sloped toward the rear walls with no drainage outlets to facilitate waste removal and to prevent the movement of the waste into earthen paddock areas.
       
       
    6. Provide for minor site grading in the equestrian center to direct all surface runoff emanating from the outdoor paddock areas and riding ring so that they are conveyed overland across a buffer strip a minimum distance of 100 feet to the nearest drainageway. The overland travel path between the use areas and the culvert inlet shall be seeded and mulched with native species that establish a thick, continuous cover rather than a sparser bunched form, to promote quick grass establishment. Under no circumstances shall the stable/paddock/riding ring runoff be discharged directly (i.e. without interim overland filtering) into the drainage channels that convey uncontaminated upslope runoff. If overland runoff buffer strips measuring 100 feet or more is not feasible, the applicant shall construct detention basin(s), or other acceptable engineering solutions, for the purpose of settling out suspended sediments and absorbed contaminants.
       
       
    7. Establish strict controls on the use of toxins to guard against the migration of toxins from stables and riding grounds to local drainages and the San Geronimo Creek.
       
       (Master Plan Condition 30)
       
       The management plan shall be incorporated into the Improvement Plans, Grading Permit, and Building Permits, as appropriate, for review and approval by the Community Development Director.
       
       
39. A reduced-sized equestrian center may be administratively approved by the Community Development Director subject to the following provisions:
    
    
    
    1. The improvements are located within the equestrian center footprint as shown in the project plans (Exhibit A);
       
       
    2. The architectural design and style of buildings and other structures substantially conforms to the equestrian center buildings and structures shown in the project plans (Exhibit A);
       
       
    3. The location of the improvements complies with all of the conditions of approval herein.
       
       
40. The final design of the equestrian center shall be modified in the following manner:
    
    
    1. The site design shall substantially conform to Sheet SK2 and SK3 of the project plans (Exhibit A);
       
       
    2. The improvements associated with the equestrian center are allowed to encroach into the 100-foot Stream Conservation Area (as measured from the top-of-bank of the blue line stream to the east) by approximately 25 feet;
       
       
    3. The number of parking spaces required for the equestrian center shall be held to a minimum necessary in order to maximum the space available for equestrian facilities. The applicant shall seek opportunities to provide for equestrian center parking in locations other than Lot 23 (equestrian center lot), including, but not necessarily limited to Building Areas 1, 2 and 3, Parcel A (AIWPS parcel), and the Lagnunitas School District property;
       
       
    4. The ranch manager's office shall be redesigned and relocated to accommodate a dwelling unit as approved herein.
       

    NATIVE GRASSLANDS/VEGETATION:
    
    

41. The applicant shall implement the native grassland preservation and enhancement measures as specified in the project plans (Exhibit A) and the Grassland Mitigation and Management Plan identified as Attachment K of the application narrative and the Response to Initial Study: Grasslands, Special Status Species, prepared by Diane Renshaw, and dated May 28, 1997, also contained in the application narrative (Exhibit B). In summary, these measures include, but are not necessarily limited to those listed below.
    
    
    1. Map areas dominated by native grasses within proposed building envelopes and within 100 feet of the limits of anticipated grading (including roads and landslide repair areas).
       
       
    2. Provide a detailed grassland delineation for the development area which establishes the exact location of stands with a cover class of greater than 50%, stands with a cover class between 25 and 50%, and stands with a cover class of between 10 and 25%.
       
       
    3. Remove coyote brush from the 2.6-acre native grassland area adjacent to and easterly of Building Area 3.
       
       
    4. Plant native grasses in the bare, graded soils along the new access road to Building Areas 4 and 5.
       
       
    5. Incorporate management requirements into the subdivision CC? which are intended to protect native grasslands within private lots, including a prohibition of discing and/or rototilling, the use of weed whackers or mowers to cut back annual grasses before they seed in spring, and prompt removal of broom, pampas grass, and other noxious weeds.
       
       
    6. Salvage native bunch grasses by the landscape contractor before site grading and replanting within the development area.
       
       
    7. Protect native grasses within individual lots and native grasses in undeveloped open space areas from construction disturbance by installing flagging and conspicuous fencing.
       
       
    8. Use fast growing native grass species in all erosion control and hydroseed mixtures used on site.
       
    9. Remove broom and other aggressive weedy plants from bare mineral soils.
       
       
    10. Stringently control pans for landscaping in the vicinity of residences to prevent further loss of native grassland cover. Preservation and enhancement of native grasslands should be integrated into the individual landscape plan for each residence located adjacent to grasslands where native cover exceeds ten percent.
        
        (Master Plan Condition 40)
        
        
    11. All trenching, grading, and filling associated with geotechnical remediation improvements and the construction of the AIWPS Storage Pond 2 shall be mitigated by replanting with native grass seed as specified in the Grassland Mitigation and Monitoring Plan.
        |
        
    12. Development and geotechnical improvements shall be restricted outside of the cover class 4 grasslands on proposed Lot 29 with exception of a subdrain and solid drain pipe. Trenches for the perforated subdrain and solid drain pipe shall be installed within an 18-inch trench to be excavated by a small backhoe with rubber tires. Topsoil will be stockpiled to preserve native grasses and replaced/recompacted after the subdrain and pipe are installed. Native grasses will be seeded on the disturbed soil to result in a cover class of 50 percent or greater. These measures shall also be followed for similar geotechnical remediation improvements throughout the development area where native grasses are disturbed.
        
        
    13. Construction of the debris fence shall observe flagging, protected sidecasting, and revegetation requirements as described in the Grassland Mitigation and Monitoring Plan.
        
        
    14. Exclusionary fencing shall be placed around the seep and serpentine area within Lot 23, (Equestrian Center) as shown in the project plans (Exhibit A), prior to commencement of construction activities for the equestrian facilities.
        
        
    15. Native grassland areas with a cover class of 10 percent or greater adjacent to the development areas shall be fenced prior to construction to prevent entry by construction equipment. Such fencing shall remain in place until all grading, drainage, paving, and other construction work that requires disturbance of soils is completed in the affected areas.
        
        
    16. A qualified professional experienced in native grassland installation and restoration shall be involved in all aspects of the mitigation effort, including salvage and nursery maintenance.
        
        
    17. Grazing within the equestrian center shall be restricted from the cover class 4 grasslands associated with the serpentine formation and native grasslands shall be re-established on the cut slope above the equestrian center as part of proposed mitigation.
        
        
    18. Preconstruction guidelines shall be incorporated in the Grassland Mitigation and Monitoring Plan including establishment of a "no disturbance zone" around stands of native grasslands to be preserved and provisions to prohibit vehicle activity off designated roads to prevent further disturbance to grassland cover consistent with Master Plan Conditions 40(c) and 40(f).
        
        
    19. An independent review shall be made by a qualified biologist with expertise in native grassland management to ensure that the revisions listed above serve to adequately mitigate impacts on native grassland resources, with detailed recommendations made if necessary to ensure compliance with all provisions of Master Plan Condition 40.
        
        
42. The Grassland Mitigation and Management Plan identified as Attachment K of the application narrative and the Response to Initial Study: Grasslands, Special Status Species, prepared by Diane Renshaw, and dated May 28, 1997, also contained in the application narrative (Exhibit B) shall be incorporated, as appropriate, into the Improvement Plans, Grading Permit Plans, final Landscaping Plans, Building Permit plans, and CC? for review and approval by the Community Development Director.
    
    (Negative Declaration Mitigation 7-5/7-6)
    
    
43. The Improvement Plans, Grading Permits, and Building Permits for the residential building areas, equestrian center, and the AIWPS Storage Pond 2 shall include restricted building envelopes that avoid native grasslands with a cover class of 50 percent or greater and avoid or minimize to the extent feasible encroachments into native grasslands with cover classes of less than 50 percent, particularly those with cover classes of 25-50 percent which are located within Lots 25, 26, and 30 as shown in the project plans (Exhibit A). The configuration of the final building envelopes shall be subject to review and approval by the Community Development Director.
    
    
44. Prior to issuance of Building Permits for the residential building areas and equestrian center, the applicant shall submit to the Community Development Director for review and approval a performance agreement and financial security to ensure the implementation of ongoing management and monitoring measures for introduced native grassland areas as approved in the project plans (Exhibit A) and the application narrative (Exhibit B).
    
    
45. The Final Map(s) shall include conservation easements for native grasslands located outside of the approved final building envelopes but within private lot boundaries. These easements shall also be recorded against the title of the affected lots and shall be shown on the Improvement Plans, Grading Permits, and Building Permits for the affected areas. The easements shall allow access by the applicant (or duly authorized representative of the applicant) and County for the purpose of planting, maintaining, and monitoring native grasslands as set out in the applicant's Native Grassland Mitigation and Management Plan (see Condition 41 above).
    
    
46. The Mt. Tamalpais Manzanita plant and surrounding rock outcrop along the east side of the intermittent drainage between Lots 29 and 30 shall be protected from construction activities and possible long-term disturbance such as landscape improvements. Protective fencing shall be installed around the perimeter of the affected area prior to commencement of construction activities. The location and detail(s) of such fencing shall be incorporated into Improvement Plans, Grading Permits, or Building Permits for review and approval by the Community Development Director. In addition, the Manzanita plant, rock outcrop, and adjacent seasonal drainage shall be incorporated into a band of open space separating Lots 29 and 30 or protected by the recordation of a conservation easement over the affected area as part of the Final Map submitted for review and approval by the Community Development Director prior to its recordation. (Negative Declaration Mitigation 7-7)
    
    WETLANDS/RIPARIAN RESOURCES:
    
    
47. The applicant shall implement the Proposed Wetlands Mitigation and Monitoring Plan, as specified in the project plans (Exhibit A) and Attachment M of the project narrative (Exhibit B). The wetlands mitigation and monitoring plan shall be revised to include the measures listed below.
    
    
    1. The enhancement area on Parcel A shall be expanded to the west to increase the amount of replacement wetlands by approximately 1 acre so that a minimum wetlands replacement ratio of 1:1 is provided without including the open water storage pond in the total acreage of replacement habitat. The expanded wetlands area shall also be designed to serve as a natural filtration system before runoff leaves the site. The expanded wetlands area shall be implemented in conjunction with redesigning and relocating the AIWPS open water storage pond as conceptually shown in Sheet C4A of the project plans (Exhibit A) with revisions to accomplish the minimum 1:1 wetlands replacement ratio required herein. The design of the expanded wetlands area shall substantially conform to the type, size, density, and arrangement of plantings as proposed in the project plans (Exhibit A). The expanded wetlands area plan shall be prepared by a qualified biologist with expertise in wetlands enhancement. The boundary of Lot 22 shall be adjusted to incorporate the expanded wetlands enhancement entirely within Parcel A.
       
       
    2. The proposed trail access easement located within the expanded wetlands enhancement area and the AIWPS (currently proposed along the western edge of Parcel A) shall be aligned to avoid encroaching into areas converted to enhanced wetlands and the existing drainage ditch lying parallel to Sir Francis Drake Boulevard (Negative Declaration Mitigation 7-4).
       
       
    3. Riparian enhancement of the drainage bordering Lot 24 similar to the other proposed riparian enhancement designs for the project site.
       
       
    4. Provide marshland vegetation at the proposed settling basin for the equestrian center to serve as natural filtration systems before runoff leaves the site. This landscaping shall be designed to intercept urban pollutants and organic matter from the equestrian center before passing under Sir Francis Drake Boulevard and entering San Geronimo Creek. Suitable marshland vegetation for use in the basins includes cattail (Tyhpa angustifolia and T. Iatifolia), horsetail (Equisetum arvense), and willow (Salix lasiolepis), all of which could be planted from clumps and cuttings collected locally.
       
       
    5. Final construction plans shall include the proposed habitat enhancement and revegetation along the proposed bypass for the western drainage, consistent with that shown in the Proposed Wetland Mitigation and Monitoring Plan. (Negative Declaration Mitigation 7-2)
       
       
    6. Protection of the seeps in the western portion of the site (Lot 23) from grading impacts and the secondary effects of grazing and trampling. Provide an appropriate setback determined by a qualified hydrogeologist necessary to protect the integrity of the seep which would be located near the northwest corner of the proposed arena. Grading shall be restricted a minimum of 50 feet from the seeps. Temporary fencing shall be provided around the perimeter of the seeps during grading and construction, and permanent fencing provided if the surrounding area is to be used for a pasture as currently proposed. Grading restrictions and location of permanent fencing shall be also be provided. (Negative Declaration Mitigation 7-3)
       
       
    7. The trail access easement on Lot 23 shall be realigned to avoid the existing seeps in the proposed pasture area.
       
       
    8. The enhanced wetlands area shall be completed to the satisfaction of the County and other permitting agencies prior to operation of the AIWPS facility.
       
    9. Prior to issuance of Improvement Plans or Grading Permit for the AIWPS/enhanced wetlands area, the revised wetlands enhancement plan shall be reviewed and approved by agencies which have permitting authority over the enhanced wetlands on the project site. Prior to County and State approvals for the design and operation of the AIWPS, the Community Development Director may authorize the issuance of a Grading Permit for initial construction phases of the AIWPS subject to approval by the RWQCB and other permitting agencies.
       
       
    10. Provide riparian enhancement of the blue-line stream to compensate for the encroachment of the equestrian center improvements into the SCA setback as allowed by Condition 40(b). Riparian enhancement shall include a mix of trees, shrubs, and ground cover at a ratio of 2:1 (two square feet of planted area for every square foot of encroachment).
        
        
48. The Proposed Wetlands Mitigation and Monitoring Plan shall be incorporated, as appropriate, into the Improvement Plans, Grading Permit, final Landscape Plans, Building Permits, and CC? for the AIWPS and Equestrian Center for review and approval by the Community Development Director.
    
    
49. The Improvement Plans, Grading Permit, and Building Permits for the Equestrian Center shall be revised to clearly show the 100-foot Stream Conservation Area setback from the blue-line stream to the east. The final location of buildings and other structures shall comply with the SCA setback standard except that improvements associated with the equestrian center are allowed to encroach up to approximately 25 feet into the SCA as allowed by Condition 40(b).
    
    
50. Prior to operation of the AIWPS, the applicant shall establish a County Service Area (CSA), or other public entity acceptable to the Community Development Director, for the ongoing maintenance and monitoring of the enhanced wetlands area as specified in the Proposed Wetlands Mitigation and Monitoring Plan. If determined necessary by the Community Development Director, the applicant shall submit a performance agreement and financial security to ensure the management and monitoring of the enhanced wetlands area until such time as the CSA generates sufficient funds to carry out the management and monitoring of the enhanced wetlands area as approved herein.
    
    
51. The Improvement Plans, Grading Permits, and Building Permits for the project site shall include restricted building envelopes that implement 25-50 foot conservation setbacks for the three seasonal drainages within Building Areas 4/5, including Lots 24, 29, 31, and 32, and a 100 foot Stream Conservation Area (SCA) setback for the blue-line stream situated within Building Areas 2 and 3 (Stream B) as shown in the project plans (Exhibit A). Development within Lots 12, 13, 14, and 15, required roadway improvements, and replacement of the culvert roadway crossing with a foot bridge over the blue-line stream are permitted within the 100-foot SCA as specified in these conditions and shown in the project plans (Exhibit A). The final subdivision map(s) and deed recordations for the affected lots shall also include conservation easements that reflect the SCA and conservation setbacks for the three seasonal drainages in Building Areas 4/5. The easements shall allow access by the applicant and the County for the purpose of inspecting, maintaining, and monitoring the riparian enhancement plantings required herein.
    
    
52. The applicant shall submit annual monitoring reports for a minimum three-year period to verify the successful implementation of riparian enhancement plantings along the blue-line stream and seasonal drainages. The monitoring period shall commence upon installation of the riparian enhancement plantings subject to inspection and approval by the Community Development Director. The monitoring reports shall be prepared by a qualified professional with expertise in riparian enhancement subject to approval by the Community Development Director. Monitoring and maintenance beyond the initial three-year period shall be required if the Community Development Director determines, based upon the monitoring reports required herein, and/or site inspections that the riparian enhancement has not been successfully implemented.
    
    
53. All project-related improvements within 50 feet of the blue-line stream , including grading, culvert installation, and landscape enhancement shall be performed when the stream is dry to avoid possible disturbance to seasonal use by salmonid fish. This restriction shall be incorporated into the final construction documents and reviewed by the Community Development Director to verify compliance. (Negative Declaration Mitigation 7-8)
    
    
54. The Proposed Wetlands Mitigation and Monitoring Plan, as amended above, shall be incorporated into the final Landscape Plans, Improvement Plans, Grading Plans, Building Permit, and CC? where appropriate, for review and approval by the Community Development Director.
    
    LANDSCAPING:
    
    
55. The final Landscaping Plans submitted with Improvement Plans and Building Permits, shall substantially conform to the landscape plans contained in Exhibit A and shall include the following:
    
    
    1. Details regarding the specific number, size, and species of proposed plantings, and a water-efficient irrigation system;
       
       
    2. Provisions for removal of pampas grass and late winter removal of all French and Scotch Broom within the development areas and cutting back of any remaining flowering plants in the next spring prior to April 15th when seeds begin to set. Removal of broom shall occur within the first winter and spring periods subsequent to the issuance of Improvement Plans or Grading Permits for each of the five approved building areas, along the access road to Building Areas 4 and 5, Lot 23 (the equestrian center), and Parcel A (AIWPS/enhanced wetlands area). Provision shall also be included for removal of pampas grass and French and Scotch Broom along the Lagunitas School Road adjacent to Parcel A (AIWPS) to ensure the effective eradication of these species. Verification of broom removal shall be provided by monitoring reports prepared by a qualified plant ecologist selected, subject to approval by the Community Development Director, and paid for by the applicant. The monitoring reports shall be submitted to the Community Development Director no later than May 1st following removal of the broom species. Removal of broom and periodic monitoring shall occur until the plant ecologist determines that the broom species have been permanently eradicated from the project site;
       
       
    3. Prohibition on the use of non-native species in future landscape plantings except within the fenced residential yard areas and immediately adjacent to buildings. The Community Development Director may authorize non-native plantings within the development areas for the purpose of providing faster growth screening of buildings if such species are compatible with the natural appearance and aesthetics of the site and surrounding area. This condition is also applicable to future Precise development Plans and/or Design Review applications;
       
       
    4. A performance agreement(s) and financial security to ensure the implementation of the approved landscape plans, including the installation of all common subdivision landscaping, wetlands enhancement adjacent to the AIWPS facility, native grasslands, and riparian enhancement for the blue-line stream and seasonal drainages, including replacement of introduced species that die, and the removal of French and Scotch Broom. The performance agreement shall be effective for a minimum three-year period to ensure that introduced landscaping becomes adequately established and that French and Scotch Broom are removed. The performance agreement for the wetlands enhancement plan shall be effective for a minimum five-year period to correspond to the monitoring time frames in the applicants Proposed Wetlands Mitigation and Monitoring Plan (Exhibit B). The performance agreement shall contain provisions for extending the monitoring and maintenance periods as necessary to achieve successful implementation of the landscape plans;
       
       
    5. Additional native trees between Lot 9 (east side of Building Area 1) and Sir Francis Drake Boulevard to soften the bulk massing of residential buildings as viewed from the roadway corridor. The final Landscape Plan for Building Area 1 shall include a mix of 15 gallon, 24-inch and 36-inch box trees. The final Landscape Plans for Building Area 1 shall also include fast-growing shrubs to assist in reducing the visible bulk and massing of new buildings from the roadway corridor.
       
       
    6. Additional native trees between Lot 9 (east side of Building Area 1) and Sir Francis Drake Boulevard to soften the bulk massing of residential buildings as viewed from the roadway corridor. The final Landscape Plan for Building Area 1 shall include a mix of 15 gallong and 24-inch and 36-inch box trees. The final Landscape Plans for Building Area 1 shall also include fast-growing shrubs to assist in reducing the visible bulk and massing of new buildings from the roadway corridor.
       
       
    7. The final Landscape Plans shall be subject to review and approval by the Community Development Director prior to issuance of Improvement Plans, Grading Permit, or Building Permits.
       
       
56. The final Landscape Plan for the Equestrian Center shall be revised to include native trees and shrubbery along the Sir Francis Drake Boulevard frontage of the site. The precise number and species of landscaping shall be sufficient to soften and enhance the appearance of the proposed buildings as determined by the Community Development Director. The revised Landscape Plan shall also include vines and/or shrubbery along the wood retaining walls at the rear of the site to enhance the appearance of the adjacent cut slope.
    
    
57. The final Landscape Plan for Lot 29 shall include native vegetation to screen the debris fence subject to review and approval by the Community Development Director.
    
    
58. The final Landscape Plan for the AIWPS shall include the placement of top soil and the installation of native vegetation on the outboard side of the storage pond berm unless technically infeasible or prohibited by State regulations. Native vegetation shall include a mixture of trees, shrubbery, and groundcover from the proposed landscape materials list.
    
    
59. The applicant shall install required landscaping according to the following schedule:
    
    
    1. Prior to operation of the AIWPS for landscaping within or adjacent to Parcel A, including the expanded enhanced wetlands area and screen plantings for the AIWPS;
       
       
    2. Prior to issuance of a Notice of Acknowledgment for subdivision improvements by DPW for common subdivision landscaping, native grasslands, and riparian enhancement plantings;
       
       
    3. Prior to issuance of an occupancy permit for residential lots and the equestrian center.
       
       The applicant may submit a letter of credit or other form of financial security to defer the installation of required landscaping to a later date subject to approval by the Community Development Director or Public Works Director.
       
       
60. Applications for Building Permits shall include plans for landscaping and a water efficient irrigation system that substantially conform with the landscaping plans in Exhibit A. The final number, species, and location of plantings shall be subject to review and approval by the Community Development Director.
    
    
61. The Improvement Plans or Grading Permits and Building Permit Plans shall demonstrate that tree removal is limited to a single tree located at the entrance to the parking lot at the equestrian center and relocation of the six olive trees along the existing main roadway access to Building Area 3 unless additional tree removal is authorized by the Community Development Director for the purpose of removing exotic/invasive trees, pyrophytic trees as recommended by the County Fire Department, diseased and/or dying trees as recommended by a certified arborist or other qualified professional, or trees which are required to be removed to construct subdivision improvements in conformance with the County Code. The Community Development Director will review the plans to verify compliance with this condition.
    
    
62. The Improvement Plans, Grading Permit Plan, and Building Permit Plans shall include detailed tree protection guidelines prepared by a certified arborist:
    
    
    1. Control possible damage to trees to be preserved, including construction-related impacts and long-term affects due to changes in drainage or irrigation;
       
       
    2. Identify the location of tree trunks to be retained in the field with flags or other obvious marking method prior to any grading;
       
       
    3. Establishes standards for tree preservation including:
       
       1) Grade changes within the tree dripline shall be minimized, generally prohibiting any encroachment closer than one-third the distance from the dripline to the trunk. Restrictions on the limits of grading, adjustments to the final grade of cut and fill slopes, and use of retaining walls shall all be considered to protect individual trees worthy of preservation.
       
       2) Temporary fencing shall be required along the outermost edge of the dripline of each tree or group of trees to be retained in the vicinity of grading to avoid compaction of the root zone and mechanical damage to trunks and limbs.
       
       3) Paving within tree driplines shall be prohibited or stringently minimized, using porous materials such as gravel, loose boulders, cobbles, wood chips or bark mulch where landscape improvements are necessary for access in the vicinity of trees.
       
       4) Trenching shall be prohibited within tree driplines, and any required utility line within the dripline should be installed by boring or drilling through the soil.
       
       5) Landscape irrigation within tree driplines shall be minimized, prohibiting turf or any landscaping with high water requirements and limiting permanent irrigation improvements to bubbler, drip, or subterranean systems.
       
       The Community Development Director shall review these plans to verify that this condition has been satisfied. The Community Development Director may authorize deviations in the tree protection standards listed above if they are necessary to develop the project in conformance with these conditions and the County Code, and if the applicant submits a report from a certified arborist or other qualified professional which demonstrates that tree damage will be limited to the extent feasible and compensatory measures will be implemented.
       (Master Plan Condition 37)
       
       
63. Fencing shall be designed as split-rail, open-wire mesh and wood post, or other similar agricultural or rural style at a maximum height of six feet subject to review and approval by the Community Development Director. Picket fences are acceptable in residential front and side yard areas only. Fencing in rear yard areas shall be open wire mesh or other similar agricultural style fencing to maintain an open appearance to hillside backdrops. Fencing for the residential lots shall be located within the building envelopes required herein, unless fencing outside of the approved building envelopes is required by the County Open Space District. The location and design of fencing shall be shown in the final Landscape Plans and Building Permit plans subject to review, approval, and final inspection by the Community Development Director. These restrictions on fencing shall be incorporated into the subdivision CC?.
    
    
64. Fencing at the front of Parcel A adjacent to the AIWPS facility shall be open wire mesh with wood posts to reflect an agricultural and rural appearance. This fence shall be limited to five in height and located adjacent to the trail access along Sir Francis Drake Boulevard (downslope from berm), unless otherwise prohibited by State regulations. This fencing shall be landscaped as shown in the project plans (Exhibit A). If fencing is installed adjacent to the enhanced wetlands area, it shall be post-and-rail or other similar design and shall be designed to allow wildlife movement through the area unless otherwise prohibited by State regulations. The final design of fencing for the Parcel A shall be subject to review and approval by the Community Development Director.
    
    
65. Improvement Plans and Building Permits shall include the location and design of fencing subject to review and approval by the Community Development Director.
    
    
66. The final building envelope for Lot 10 shall be configured to avoid the rock outcropping at the base of the serpentine formation. (Master Plan Condition 43)
    
    CONSTRUCTION ACTIVITIES:
    
    
67. Prior to issuance of Improvement Plans or Grading Permits, the applicant shall submit a dust control program for review and approval by the DPW which:
    
    
    1. Suspends earth moving or other dust-producing activities during periods of high winds when dust control is not effective;
       
       
    2. Provides equipment and personnel for watering all exposed or disturbed soil surfaces as needed. An appropriate dust palliative or suppressant, added to water before application, should be utilized;
       
       
    3. Requires watering or covering stockpiles of debris, soil, sand or other materials that can be blown by the wind;
       
       
    4. Ensures that construction areas and adjacent streets are swept of all mud and debris, since this material can be pulverized and later re-suspended by vehicle traffic;
       
       
    5. Limits the speed of all construction vehicles to 15 miles per hour while on site;
       
       
    6. Waters, seeds, covers or applies dust suppressants to completed cuts or graded areas as soon as grading activities are ceased;
       
       (Master Plan Condition 44)
       
       
68. Prior to the issuance of Improvement Plan or Grading Permits, the applicant shall submit a construction noise control plan to DPW for review and approval. The plan shall be consistent with the previously approved Master Plan Condition 45 as follows (Negative Declaration Mitigation 10a-1):
    
    
    1. Ensures that all equipment used on the project is adequately muffled and maintained. All internal combustion engine-driven equipment shall be fitted with intake and exhaust mufflers which are in good condition. Good mufflers with quieted compressors should result in all non-impact tools generating a maximum noise level of 85 dB when measured at a distance of 50 feet. (Mitigation N-2.4)
       
       
    2. Schedules construction activities to have the least impact on noise-sensitive receptors in the area, including the Lagunitas School District facilities and the adjacent County Library branch. This could be accomplished by limiting the noisiest operations occurring nearby during times that one or both of the facilities are not in use -- possibly Saturdays, late weekday afternoons, or summer months for the School. Construction hours, including staging, at the site shall be limited to the hours of 7:30 AM to 5 PM, Monday through Saturday unless the applicant submits a written request for additional time to the CDA and the Director approves it.
       
       
    3. Notifies adjacent on-and off-site property owners within 1,000 feet of any construction activities of the work to occur, equipment to be used, and the expected hours and duration of tasks.
       
       
    4. Schedules multiple noisy operations to take place concurrently.
       
       
    5. Designates a construction coordinator to be responsible for receiving and acting on complaints about construction noise when infrastructure is being constructed. Lot owner's contractors should designate disturbance coordinators for their activities. The coordinator(s) shall determine the cause and should implement remedial measures as necessary to alleviate significant noise problems. The telephone number of the coordinator(s) shall be clearly posted on a sign at the construction site.
       
       (Master Plan Condition 45)
       
       
69. Before issuance of Improvement Plans or Grading Permits, the applicant shall submit a construction staging program that ensures that work would not occur within the Stream Conservation Areas (SCAs) during wet weather, and that disturbed areas would be stabilized before the rainy season. The program shall also include the installation of protective fencing between construction areas and areas required to be preserved within the SCA and the seasonal drainages in Building Areas 4 and 5. The program will be subject to review and approval by the Community Development Director prior to issuance of construction permits. (Master Plan Condition 39)
    
    
70. The applicant shall be responsible for ensuring that all construction vehicles are parked on the site and off local roads so that vehicles, pedestrians, and equestrians may pass safely at all times.
    
71. Before issuance of a Building Permit for each market rate and below market rate single family residence, the applicant shall submit to the CDA Building Inspection Division written verification that the appropriate impact fee has been paid to the Lagunitas School District.
    
    Marin County Public Services Agency, Land Use and Water Resources Division
    
    
72. Prior to issuance of Improvement Plans or Grading Permits, the applicant shall submit to DPW a copy of the Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPP) required by the Regional Water Quality Control Board for coverage under the State General Construction Activity Storm Water Permit. The SWPP shall include permanent surface runoff pollution control measures.
    
73. The Improvement Plans or Grading Permits shall include winterization plans subject to review and approval by the DPW.
    
    OPEN SPACE/TRAIL ACCESS:
    Marin County Open Space District
    
    
74. Before or concurrent with the recordation of the first Final Map (or Parcel Map), the applicant shall offer for dedication by grant deed according to District procedures approximately 463 acres of land identified as Parcel C in the project plans (Exhibit A). The size and configuration of the dedicated open space parcel may be adjusted to accommodate the AIWPS Storage Pond 2 and related irrigation areas subject to review and approval by the Community Development Director and Open Space District. The offer of dedication shall clearly state that the Open Space District will consider allowing the grazing of horses that are kept at the approved equestrian center subject to terms acceptable to the District.
    
    
75. The Final Map shall exclude the AIWPS Storage Pond 2 from the dedicated open space area referred to above in Condition 70. Irrigation areas related to the operation of the Storage Pond 2 may also be excluded from the dedicated open space area subject to approval by the Open Space District. The Storage Pond 2 parcel shall be encumbered by an easement that restricts its use to the operation and maintenance of the storage pond only. The easement and Final Map shall include utility and access easements across such open space area and/or residential lots for the ongoing operation and maintenance of the AIWPS subject to review and approval by the Open Space District.
    
    
76. Before recordation of the first Final Map (or Parcel Map), the applicant shall offer for dedication to the District by easement deed according to District procedures floating trail access easements that generally reflect those shown in the project plans (Exhibit A). The trail traversing Lot 23 to the dedicated open space area (Serpentine Trail) shall be relocated to the west to avoid the existing serpentine formation and seeps in this area (Master Plan Condition 47). The trail traversing Lot 23 parallel to Sir Francis Drake Boulevard (School Children's Pathway) shall be set back a sufficient distance from the approved riding arena to avoid conflicts between equestrians and trail users. The Final Map and final alignment and design of the trail access easements shall be subject to review and approval by the Community Development Director after consultation with the Open Space District.
    
    
77. The applicant shall be responsible for constructing all required trails within the development areas of the project site in accordance with District standards. The Improvement Plans shall include construction of the approved trails located within the development areas. In particular, the applicant shall improve and raise the elevation of the trail that traverses the southern edge of the project site adjacent to Sir Francis Drake Boulevard to correct existing drainage problems that make the trail difficult to use during and after periods of precipitation and to improve the visibility of the enhanced wetlands area. The Open Space District staff shall inspect and approve the constructed trails prior to the DPW's issuance of a Notice of Acknowledgment for the subdivision improvements.
    
    
78. The applicant shall not transfer any real property interest of land within the areas to be offered for easement and grant deed dedications to the District without prior written authorization of the District.
    
    Marin County Fire Marshall
    
    
79. The applicant shall comply with the requirements set out in the Marin County Fire Department memorandum to CDA Planning Division staff, dated May 29, 1997, contained in the project file, including but not necessarily limited to the following;
    
    
    1. Any gates on roadways or driveways shall require a MCFD Knox rapid entry system;
       
       
    2. Annual grasses shall be mowed to less than 3 inches within 5 feet of roadways, and 15 feet of vertical clearance above the roadway shall be maintained at all times;
       
       
    3. Parking regulations shall be enforced to prevent blocking driveways;
       
       
    4. Addresses shall be visible from roadways;
       
       
    5. A minimum of 30 feet of defensible space shall be maintained from all structures;
       
       
    6. Vegetation planted within defensible space shall be fire resistant and properly separated;
       
       
    7. Fire hydrants shall be placed not more than 350 feet apart and not less than 50 feet from all structures;
       
       
    8. Hydrants shall meet all applicable Department flow and design standards;
       
       
    9. Any propane tanks shall be a minimum of 30 feet from any structure;
       
       
    10. Structures shall be equipped with interior sprinkler systems and smoke detectors to CDA Building Inspection standards;
        
        
    11. Fire hardening requirements shall be determined on a case-by-case basis and, in particular, exterior siding shall be subject to review and approval based upon conformance with applicable fire safety standards;
        
        
    12. In particular, the Fire Marshal shall review the exterior wood shingle material to ensure compliance with applicable fire safety standards and requirements;
        
        
    13. Parking areas shall be free of combustible vegetation by a distance of 5 feet;
        
        
    14. A neighborhood disaster plan must be developed, with assistance from the Marin County Fire Department.

80. The Improvement Plans and Building Permit Plans shall be reviewed by District staff to verify compliance with these conditions prior to permit issuance or occupancy of structures. The subdivision CC? shall incorporate Conditions 79(b)(c)(e)(f)(i)(n) subject to review and approval by the District Staff and Community Development Director.
    
    Marin Municipal Water District
    
    
81. The applicant shall obtain approval of the final Landscaping Plans from MMWD to ensure that the species selected are consistent with MMWD Ordinance 326, which outlines requirements for efficient water usage practices and low water use vegetation options for landscaping. The applicant shall submit verification of MMWD approval prior to issuance of construction permits.
    
82. Prior to issuance of Improvement Plans or Grading Permits, the applicant shall obtain final design approvals from the Marin Municipal Water District for the water delivery system. Unless otherwise determined by MMWD, the final design shall produce a water flow of at least 500 gallons/minute at 20 psi through fire hydrants not more than 350 feet (but not less than 50 feet) from each building. The final designs shall be designed in coordination with the Marin County Fire Department and the Marin Municipal Water District, and the County Environmental Health Office if water storage tanks are constructed. (Master Plan Condition 49/Mitigation 5.10-2)
    
    California Department of Fish and Game
    
    
83. Before approval of Improvement Plans and issuance of a Grading Permit, the applicant shall enter into a Streambed Alteration Agreement with the Agency and shall comply with all of its conditions.
    
    U.S. Army Corps of Engineers
    
    
84. Before approval of Improvement Plans and issuance of a Grading Permit, the applicant shall obtain a Section 404 Permit after receiving RWQCB certification under its water quality standards.
    

______________________________________________________
HARRY MOORE, ChairMAN
MARIN COUNTY BOARD OF SUPERVISORS

Attest:
______________________________
Martin J. Nichols
Clerk of the Board of Supervisors i:bc/French/bos1

Suggestions and questions about this page and site content should be directed to Alexandra Morales amorales@marincounty.org 415-473-6269. Questions, comments, and suggestions about the site should be directed to Scott McKown.scott_mckown@marinfo.org