Requirements - City of Mill Valley
Transcription
Requirements - City of Mill Valley
Mill Valley Residential Design Review Handbook February 2005 Planning and Building Department 26 Corte Madera Avenue P.O. Box 1029 Mill Valley, CA 94942 (415) 388-4033 (415) 381-1736 fax website: www.cityofmillvalley.org Acknowledgments City Council Dick Swanson Mayor Dennis Fisco Vice Mayor Chris Raker Anne Solem Clifford Waldeck Planning Commission Girija Brilliant Chair Burton Miller Vice Chair Fred Campbell Bill Crockett Maureen Parton Hillside Development Advisory Committee Robert Hatfield Chair Andrew Berman Vice Chair Betsy Bikle Tom Dicker Dennis Fisco Antonina Markoff Jim McGuinness City Staff Don Hunter City Manager Anne Montgomery Assistant City Manager Rory Anne Walsh Director of Planning and Building George Schiefer Associate Planner Elise Semonian Associate Planner Julie McClure Planning Aide Contents Chapter 1 Introduction to Mill Valley Residential Design Review 5 Chapter 2 Review Guidelines 11 Chapter 3 17 Environmental Review Appendices A Review Process 23 B Design Review Application 29 C Zoning: Land Use 35 D Zoning: Technical Zoning Requirements 37 E Other Permits After Approval 45 F Construction Period, Inspections and Final Approval 51 G Soils Reports / Drainage Plans 55 H Erosion Control 61 I Story Poles 63 J Heritage Trees 65 K Resource Directory 67 3 Blank 4 Introduction Chapter 1 Introduction to Mill Valley Residential Design Review Context This handbook has no legal status, and is intended to be a summary of City of Mill Valley General Plan poli- The City has created this Design Review • Maintain and improve the quality of, and Handbook to provide useful information re- relationship between, individual build- garding the design review process for ap- ings, structures and physical develop- plicants. It is also intended to assist the pub- ments so that they contribute to the at- actual zoning code language. For ac- lic in understanding the design review pro- tractiveness of a neighborhood and the tual zoning code language, refer to cess and what is required of applicants. This City; the City of Mill Valley Municipal Code. cies, zoning requirements, and development review procedures and guidelines. It does not represent the Other information regarding devel- handbook includes checklists and flow • Protect and insure the function, ad- charts. It describes other departments and equacy and usefulness of public and pri- available through the Mill Valley agencies that may be involved in the ap- vate developments as they relate to each Planning and Building Department proval of a project. We have included a re- other and to the neighborhood and the at City Hall, and on-line at source directory at the end of this hand- City; book of other City, County and State agencies that may provide you with additional information. Applicants and architects should review this handbook before submitting an application for Design Review and throughout the design review process. opment in the City of Mill Valley is www.cityofmillvalley.org • Stimulate creative design; • Encourage appropriate and innovative use of materials, methods and techniques; • Integrate the function, appearance and location of buildings and improvements to achieve a balance between private prerogatives and preferences, and the public interest and welfare; Design Review Goals • Preserve the existing natural vegetation Mill Valley seeks to encourage development and topography and integrate new na- that is compatible with, integrated into, and tive plantings and designed landforms subordinate to its natural setting. The City with the existing. strives to preserve, protect and promote its unique environmental, community and scenic attributes through the residential design review process. The Municipal Code explains that the purposes and goals of design review are to: When Design Review is Required The City requires Design Review for the • Preserve and enhance the natural following projects in RS Zones: beauty of the City and of the man• Additions, extensions or exterior made environment; changes to or reconstruction of a dwelling or accessory structures where the 5 Introduction project involves 35% or more of the by the Planning Commission and will existing gross floor area or 1,000 sq. best convey the design of your project. ft.; In addition, most design professionals • Demolition of 50% or more of the ex- are familiar with making presentations terior surface area of the dwelling (in- to hearing bodies and answering tech- cluding exterior walls, door and window nical questions regarding your design. openings, foundation walls and roofs); A design professional may better un- • New accessory structures over 150 square feet in size; • Any project for a parcel fronting on East Blithedale Avenue; • When Design Review is required as a condition of approval (such as a modification to a home that was approved through Design Review). Design Review is not required for any other work determined by the Director of Planning and Building to be minor or incidental in nature and consistent with the intent and objectives of the Zoning Code. In determining the size of a project for Design Review, the City includes any derstand and respond to design concerns raised by the hearing body. 3. Involve Neighbors Avoid surprising the neighbors. Meet with neighbors and appropriate community groups early on to hear their concerns. Use announcements to keep them informed about the progress of your project. 4. Submit a Complete Application and Respond Promptly to Requests for Information Incomplete applications and failure to submit requested information will delay your project. projects commenced within 24 months of 5. Know the Decision Makers Become familiar with Staff, the Planning the final inspection of a previous project. Commission and City Council by attending meetings. Helpful Tips For Applicants 1. Learn the Rules Take time to study this handbook and the City ordinances applicable to your project. 2. Retain a Competent Architect or Consultant Although plans prepared by a licensed architect are not required for design review, it is in your best interest to submit professional plans. Professional plans will be more easily understood 6 6. Eliminate Adverse Environmental Impacts Design your project to eliminate or reduce as many potential environmental impacts as possible. Consider environmentally superior alternatives. Incorporate suggestions you learn during early Staff consultation and Study Sessions. 7. Be Willing To Compromise and Negotiate Recognize that the hearing bodies have a great deal of authority over your project, but will not deny your project without allowing you to modify the Introduction project to address their concerns. ter District. The other departments will pro- Neighbors with view and privacy con- vide comments on the completeness of the cerns are usually willing to negotiate. application, modifications that may be nec- 8. Maintain a Good Attitude It is generally counterproductive to essary, and suggested conditions of ap- How long does the Design Review process take? proval for the project. Permit Streamlining Act have an adversarial attitude or resist Assignment to Project Planner fornia Government Code §65920 et. the process as you are going through Staff of the Planning and Building department seq.) requires the City to follow stan- it. It usually only results in delaying meet weekly to discuss pending applications. dardized time limits and procedures your project. New applications are assigned to project planners at these meetings. Design Review Process Review for Completeness Within 30 days from receipt of the applica- Preapplication Conference With Staff tion by the City, the project planner will de- The City encourages applicants to meet with termine whether the application is complete Planning Department Staff after the scope or incomplete. of the project has been determined and pre- • Incomplete Application liminary plans have been prepared. Staff will If the application is determined to be confirm compliance with the Zoning Code incomplete, the planner will inform the and discuss any preliminary concerns they applicant in a letter and will include a may have regarding compliance with the list and description of the specific in- Design Review guidelines. formation needed to complete the ap- File a Completed Application In order to accept and process an application, the applicant should provide all of the information required on the submittal checklist, including the application fees. Submittals are accepted during normal business hours at the Planning Department counter. Department and Building Department. The plans may also be routed to other affected agencies, such as the Marin Municipal Wa- application is accepted as complete and the environmental review (CEQA) process begins, and begin again after the CEQA determination has been made. The City must approve or deny the project within whichever of the following periods is applicable: • 60 days from the date the City determines the project is exempt from the California Environmental Quality Act; • 60 days from the date of adopDeclaration of Environmental to the letter. A new 30-day review pe- Impact; riod begins upon receipt of any information needed to complete the application. • 180 days from the date of certification of an Environmental Impact Report (see California Government Code Section 65950 et. If an applicant disagrees with the de- seq. for additional time limits for termination that their application is in- approval of projects involving complete, the applicant may appeal the mission. as the Department of Public Works, Fire tion is submitted, pause when the submit materials to the City in response Upon receipt of the application, Planning by other departments within the City, such time limits begin when an applica- tion by the City of a Negative decision in writing to the Planning Com- other documents for review and comment for Design Review decisions. The plication. The applicant has 180 days to Distribution to City Departments Department Staff will route the plans and The Permit Streamlining Act (Cali- • Complete Application Environmental Impact Reports/ Statements). See flow chart on page 10 for city time processing goals. If the application is complete, the planning department staff begins the California Environmental Quality Act review process. If the project is exempt from CEQA, the planning department staff will schedule the item for the next 7 Introduction available Zoning Administrator or Plan- Notice Poster ning Commission meeting. Ten days prior to the public hearing or study Even if the application is determined to session, the applicant must post a public no- Approval of a Design Review ap- be complete, the City may request the appli- tice poster at the site. One poster is required plication expires one year from the cant to clarify, amplify, correct, or otherwise for each street frontage. The poster(s) may be effective date of approval. Before supplement the information required for the picked up at the Planning Department counter the approval expires, an applicant application. during office hours. ning and Building for a one year Study Session Story Poles extension of the approval. Up to The City may require a “study session,” or Story poles and tape or netting must be in- two one-year extensions may be preliminary review, for new homes and sig- stalled at least seven days prior to a hearing nificant additions to existing homes. This or study session to provide the decision-mak- ing the effective life of a Design Study Session may be required before an ers and neighbors with a visual tool to evalu- Review approval, the expiration date application will be determined to be com- ate the project. (Please refer to the Guide- of the Design Review approval is plete. Study Sessions allow the Planning lines for Story Poles, Appendix I.) automatically extended to concur Commission to informally discuss and bet- with the expiration date of the Public Hearing ter understand a project prior to a formal pub- At the public hearing, the project planner lic hearing. will present the staff report and recommen- Expiration of Approval may apply to the Director of Plan- granted. If a building permit is issued dur- building permit. The Planning Commission will hear dations. The applicant is permitted five min- comments from the public and applicant utes to present the project to the hearing and provide the applicant with their infor- body. Public comments are received on the mal recommendations and concerns regard- item (comments are limited to three min- ing the project design and environmental utes per person). The Planning Commission issues, but will not take action on the project. or Zoning Administrator will discuss the item After the study session, the applicant is and will either approve the project, approve responsible for addressing the Planning the project with conditions, or deny the project. Commission’s comments and submitting If the hearing body intends to deny a project, revised plans. When the revised plans are they will allow the applicant the opportunity received and reviewed by Staff, and all is- to request a continuance to redesign the sues of concern are resolved, staff will project to address the hearing body’s concerns. schedule the project for the next available Planning Commission agenda. Appeal The applicant or any member of the public 8 Public Notice may appeal a decision by the Zoning Ad- Ten days prior to the public hearing or study ministrator or Planning Commission by fil- session, the City will mail written notice of ing an Application for Appeal with a $100 the hearing to all property owners within filing fee within 10 days from the date of 300 feet of the site. The cost of this notice the action. Zoning Administrator decisions is included in the application fee. Public no- may be appealed to the Planning Commis- tice of the hearing may be mailed earlier sion. Planning Commission decisions may for projects subject to CEQA review. be appealed to the City Council. Introduction If an application is appealed, the Plan- staff may result in significant delays in de- ning Department will schedule the appeal for termining whether the application is com- a public hearing. The applicant must place a plete or may result in the cancellation of new notice poster at the site. The City must the application. Findings for Design Review In order to approve an application mail notice of the hearing to all property Copies of the Application Checklist may owners within 300 ft. of the site 10 days be- be picked up at the Planning and Building fore the appeal hearing. The story poles and Department counter at City Hall. For appli- findings: notice poster should not be removed until all cants’ information only, a copy is provided in A. appeal periods have expired. Appendix B. tent with the City of Mill Valley able to make all of the following That the proposal is consis- General Plan and Mill Valley Mu- The project planner will forward minutes of the meeting and a report with recommen- for design review the City must be nicipal Code; B. planner will present the hearing body’s deci- Application Fee and Collection of Costs sion to the appellate body. The appellate The applicant is responsible for paying the C. body may refer the matter back to the hear- actual cost to the city of processing the appli- whether to apply any limitations ing body for further consideration, or may cation. The actual cost includes: dations to the appellate body. The project reverse, uphold, or modify the decision of the hearing body. The City Council’s decision is final. • a nonrefundable filing fee based on the project valuation; • additional City Staff time charged at $65 an hour; and Design Review Application Checklist • funds to cover other reimbursable services and expenses. with the Residential Design Guidelines adopted by the City; The City has considered on building, size, height and setbacks pursuant to Mill Valley Municipal Code Section 20.66.045; and D. The approval of the pro- posal is in compliance with the California Environmental Quality Act. (Mill Valley Municipal Code section 20.66.036). The initial filing fee includes 5 or 10 The Design Review Application Checklist hours of Staff time for services such as: specifies the information that will be re- determination if the application is complete, quired from any applicant for Design Re- site visits, discussions with neighbors, pre- view. The information in this checklist is paring public notices, attending public hear- required from the applicant and the suffi- ings, preparation of the staff reports, any ciency of the information provided by the work on appeals and office technical sup- applicant will be the basis by which the Plan- port. Any unused portion of the filing fee ning Department staff will determine if the will not be refunded and any additional ex- application is complete. In addition, appli- pense will be billed to the applicant. Addi- cants should submit any other information tional expenses incurred must be paid be- they believe is important in support of the fore the public hearing or, for expenses in- application. curred at or after the public hearing, before Failure of an applicant to adequately The proposal is consistent a building permit is issued. complete the Application Form and pro- Copies of the current fee schedule are vide the information and material requested available at the city web site or may be in the Design Review Application Check- picked up at the Planning and Building list within the time limits prescribed by the Department counter at City Hall. 9 Introduction Design Review Process The flow chart shown below illustrates the general steps and time lines. More detailed reference charts for the following are included in Appendix A. • Pre-Application Process • Environmental Review Process • Process Prior to Public Hearing • Process After Public Hearing 10 Review Guidelines Chapter 2 Review Guidelines All projects subject to Design Review must comply with the City’s Design Review guidelines. SLOPE DESIGN GUIDELINES Guideline 1: Integration with Design Guidelines to facilitate appropriate Topography The City developed these Residential and environmentally sensitive development New residential buildings and additions to review. Design is a complex process balanc- existing residential buildings constructed on ing many issues. The Guidelines try to bal- sloping land should be designed to relate to ance the immediate wishes and rights of a the existing landforms in order to minimize homeowner/builder with long-term respon- the building’s mass and bulk and integrate sibilities to the community and environment. the building with the site (e.g., step with the They reflect a commitment to the slope). sustainability of Mill Valley. The Guidelines are based on an approach that takes into Guideline 2: Relationship of Building Size to Slope consideration the interrelationship of indi- Slope conditions can exaggerate height, bulk vidual houses with the neighborhood, the and mass. A building shall be in scale with relationship of one neighborhood to an- its surroundings. Special attention shall be other, and the way in which each of these given to minimize the height, bulk and mass components affects the environment. The on steep sites. When a lot has steep slopes, the Guidelines convey the idea that the whole maximum permitted floor area may be sub- is greater than the sum of its parts. stantially reduced to mitigate impact (see Mill The guidelines are not intended to be Valley Municipal Code Section 20.66.045). rigid regulations, nor are they intended to promote a particular type of design. Variations from the guidelines may be appropriate when weighed against other considerations. Compliance with any particular guideline does not override the intended FLORA AND FAUNA DESIGN GUIDELINES balance that an appropriate solution should Guideline 3: Protection of Existing Vegetation and Habitat reach. Development plans shall maximize the amount of land retained in its natural state. Where appropriate, residential projects should be designed to preserve, protect, and restore native site vegetation and habitat. Particular consideration should be given to protection of systemic groups of native veg11 Review Guidelines etation such as established groves, sapling probably be required initially in order to es- clusters or riparian zones. Construction ac- tablish the new plants, the plant material tivities including grading, stripping, compac- should be selected so that once established, tion, parking, storage of materials, and wash- much of the major site landscaping could out are discouraged in the drip circle of a survive on rainfall. Turf areas should be significant tree or an area group of vegeta- minimized, because of their high water and tion or riparian zone. Protected trees are to chemical requirements. be clearly marked and temporary fencing shall be used to delineate any significant areas. Guideline 4: Plant Material Selection and Compatibility with Setting Landscape designs should incorporate the existing native vegetation and integrate new native planting with the existing planting, where appropriate. Landscape plans for residential development should be compatible with the character of the site. Plans should focus on restorative efforts to replenish native species and complement preserved, existing vegetation. In more natural locations, the design should be integrated with the natural setting. Landscape plans for residential development should include a mix of fast and slow growing plant materials. Trees that tend to break in high winds should not be planted. Plants that are pyrophytic or tend to spread rapidly, crowding out natives, should not be planted. Guideline 5: Minimizing Water Use 12 Guideline 6: Privacy and Views Development should include appropriate landscaping to maximize privacy between residences. Landscape plans should provide appropriate planting to screen or soften any undesirable light pollution or views from offsite. Landscape plans should include appropriate planting to soften the appearance of new construction as seen from off-site locations. Screening landscaping should not substitute for good architectural design. Landscape plans should take into consideration the future impact the new planting may have in obstructing views from existing adjacent and distant dwellings. Landscape plans should include appropriate screening for unattractive views of building and site elements, including, but not limited to, building foundations, deck supports, trash collection or parking areas that cannot be mitigated through architectural design. Applicants are not required to unreasonably compensate for inadequate landscaping on adjacent sites. Guideline 7: Tree Replacement To the extent possible with other design When approved for removal and/or lost considerations, drought tolerant planting during construction activities, trees that de- selections and designs are encouraged. fine the nature of the site, not determined Landscape plans shall comply with the cur- to be dead or diseased, should be replaced rent water conservation regulations of the as appropriate as a part of an approved land- Marin Municipal Water District and should scape plan. Replacements should be as ap- include water conserving irrigation systems, proved and/or directed by a City arborist, such as drip irrigation, low flow sprinklers certified arborist or landscape architect to and automatic controls. While irrigation will aid in soil stability, provide necessary cano- Review Guidelines pies and/or screening, and enhance the On/offhaul is discouraged especially in lo- unique visual landscape character of Mill cations of limited or difficult access. Spe- Valley. cial care should be taken to final grade all Guideline 8: Fences disturbed areas to a natural appearing con- Fences are discouraged within the public figuration. Where grading is necessary and right-of-way, exterior yard setbacks, and retaining walls can be avoided, site terrac- where they change the existing neighbor- ing should be utilized so that no vertical cut hood character. Fences should be designed exceeds five feet and no horizontal step is and located to neither block vehicle and less than three feet. Due to the larger sur- pedestrian sight lines nor inhibit collectively face and subsurface disruption caused by the “through neighborhood” travel of wild site terracing and/or grading, revegetation animals. Fences should be setback from of these areas is required. Grading should community amenities such as streets, trails, be minimized near or within the dripline of creeks, intermittent waterways, and open significant or designated protected trees. space or parks. Fences should be designed Guideline 11: Retaining Walls to be compatible with that of the residen- Low retaining walls are encouraged where tial buildings and aesthetically attractive or their use would minimize uphill cutting. transparent. Large single plane retaining walls shall be Guideline 9: Minimizing Fire Hazards avoided. Wherever possible, stacked and Plant materials should be selected to mini- lized in lieu of planar walls. The maximum mize fire hazards to residential buildings. height of any single plane retaining wall ex- The landscape plans should be reviewed by posed to public view should not exceed eight the Fire Department and appropriate feet. Cut banks higher than eight feet shall “greenbelting” landscaping should be incor- have stepped retaining walls. Concrete walls porated into the plan. Plants that are exposed to public view shall be textured pyrophytic, such as Acacia, Scotch Broom and/or colored to match adjacent soil or and Eucalyptus, should not be planted (a plant color or have an approved architec- list of pyrophytic and fire resistant plants is tural finish. available from the Planning Department). Guideline 12: Minimizing Landscape Terracing stepped landscaping elements should be uti- Landscape designs should not rely on extensive terracing of land to accommodate SOILS AND GRADING DESIGN GUIDELINES uses such as pools, sizable lawns, tennis Guideline 10: Minimizing Grading, Offhaul, Excavation and Erosion considered where it will integrate develop- courts or patio areas. Land terracing may be ment with the topography in a more satisfactory way than raised platforms and decks. Residential projects should be designed to minimize cut and fill areas and on/offhaul. 13 Review Guidelines DRAINAGE DESIGN GUIDELINES exceed the current California Energy Commission standards. The use of methods to reduce energy consumption is encouraged. Guideline 13: Site and Building Drainage Design and location of solar panels should Storm water runoff shall be maintained in ations. its natural path. To the greatest extent possible, impervious surfaces shall be minimized and mitigated. Each site should be final graded so that no concentrated water caused by improvements flows onto an adjacent property, but instead is dissipated for natural percolation or directed toward a street or storm drainage facility. Stormwater facilities will be designed to divert surface water away from cut faces or sloping areas of recent excavation. Flow retarding devices, such as detention ponds and recharge berms, are encouraged where practical to limit the volume and rate of stormwater runoff. Changes in hydrology and site drainage should be minimized within the dripline of significant or designated protected trees. Buildings, particularly in hillside locations, should be designed to minimize impact on or alteration to natural drainage and absorption rate patterns. To the extent possible with other design considerations, building designs should not degrade rainwater or runoff, inhibit groundwater absorption and underground flow, or accelerate or otherwise concentrate any redirected flows. be consistent with other design consider- Guideline 15: Application of Sustainable Design Principles Development should be efficient. To the extent consistent with other design considerations, designs should be creative and innovative in their use of materials and methods to minimize resource consumption. Materials should be considered which protect the natural environment from long-term harm. To the extent possible, materials should be used which are long-lived and use minimal energy in their manufacture, have high recycled content, and minimal nonrenewable material content. Building materials and finishes should minimize the visual impact of the development. Large areas of building materials that reflect light towards existing homes should be avoided. Guideline 16: Fire Resistant Buildings should be designed to be fire defensive. Designs should minimize risk of fire by a combination of both architectural and landscape attributes, including, but not limited to, the use of fire resistive building materials, fire sprinklers, noncombustible roofing, and defensible landscaping space. Guideline 17: Scale, Mass and Height BUILDING DESIGN GUIDELINES All buildings should be designed to avoid Guideline 14: Energy conservation measures out of scale with their setting and detract Buildings should be designed to meet or should not have large expanses of a mate- monumental or massive buildings that are from the neighborhood character. Buildings rial on a single plane. Sizable roof overhangs 14 Review Guidelines (exceeding the requirement for sunscreen- driveways so they drain onto adjacent turf ing), decks and upper story cantilevers or groundcover areas, or other permeable should be avoided if the resulting building landscape, in order to disperse and cleanse form unnecessarily increases the bulk of pollutants. The maximum slope of new resi- the construction. Buildings should be lo- dential driveways should not exceed 25% and cated and designed to minimize the obstruc- all driveways with greater than 15% slope tion of any ridge silhouette when viewed should include a nonslip finish. Driveways from off-site locations. and walkways should be designed to follow Guideline 18: Color as closely as practical the natural contours Buildings and site work should utilize colors that minimize the visual impact of development, blend with the existing land forms and vegetative cover, are compatible with others in the neighborhood, and do not attract attention to themselves. All col- of the property. Driveways constructed of permeable materials are encouraged. The use of brick or unit pavers on sand, or concrete only under wheels, is encouraged for flat sites. All driveway designs will require review and approval by the Fire Department. ors shall be selected to minimize contrast Guideline 21: Parking and glare. As provided in Municipal Code section Guideline 19 : Windows, Roofs and Skylights and Roof Mounted Equipment 20.60.090, all new homes shall have a mini- Window and skylight size, placement and street parking is not available along the im- design should be selected to maximize the mediate frontage of the property, and one privacy between adjacent properties. To the on-site space for each roomer. One of these extent consistent with other design consid- spaces may be of compact car size. Care erations, the placement and size of windows should be taken not to locate parking in a and skylights should minimize light pollu- manner that might allow vehicle chemicals tion and/or glare. All roofs shall consist of to contaminate natural runoff. All garages noncombustible, non-reflective materials with less than a 20-foot setback from the chosen to be compatible with the surround- edge of the street should have automatic ings. All roof penetrations and roof- doors. mounted equipment shall be compatible Guideline 22: Exterior Lighting with the roof color. Where visible from off- Appropriate night lighting may be provided site locations, skylights should be flat lens. for security and safety. Both construction Guideline 20: Driveways and permanent exterior lighting should be Driveways should be designed to provide designed to conserve energy and to elimi- safe access, ease of grade, minimize grad- nate glare or annoyance to adjacent proper- ing and/or retaining walls, and protect wa- ties or public areas. Primary light sources ter quality. To minimize collection and con- should be shielded and directed downward. centration of pollutants, consideration, Lamps should be of a minimal wattage and when feasible, should be given to design have a warm light color. mum of two on-site parking spaces plus one on-site space for guest parking when on- 15 Blank 16 Environmental Review Chapter 3 Environmental Review Under the California Environmental Quality Act (CEQA) The City reviews every planning project to tions that may be applicable to the project. determine if it will potentially affect the envi- For more information regarding CEQA, ronment. This environmental review is coor- visit the site maintained by the California Re- dinated with the design review process. Dur- sources Agency, its programs CERES and ing environmental review, the City identifies LUPIN, and the Governor’s Office of Plan- potential environmental impacts associated ning and Research: http://ceres.ca.gov/ceqa/ with a project and informs the decision-makers and the public of these impacts. In addition to providing information, the process CEQA Applications also requires that significant impacts be re- Categorical Exemption: The least inten- duced or mitigated whenever possible. sive environmental review is called the Categorical Exemption. It can be used for certain projects that will clearly have no signifi- Background cant effect on the environment, such as an In 1970 the California Legislature passed the addition to an existing building on a flat site. California Environmental Quality Act An applicant may apply for a Categorical Ex- (CEQA) requiring cities and other public emption if they think a project may be ex- agencies to consider what effects projects empt based on the list of CEQA exemp- might have on the environment before mak- tions. If the Planning Staff determines that ing decisions on the projects. As a result of the project is exempt, then no further envi- this legislation, environmental review is re- ronmental review is necessary. quired prior to approval of design review projects by the City. State and Federal agencies may have permit authority over certain projects. Projects may fall under the regulations of the California Department of Fish and Game, National Environmental Policy Act (NEPA) or Federal Endangered Species Act. Since these regulations do not apply to the majority of residential projects within the City of Mill Valley, they are not covered in detail in this Handbook. Applicants are encouraged to consult with Staff regarding other local, state and federal agency regula- Environmental Clearance: If a project is not exempt and has not already gone through environmental review, an applicant must apply for environmental clearance. The application requests information that will be used in an Initial Study of the project. An Initial Study is the preliminary analysis prepared by Staff to determine whether an Environmental Impact Report (EIR) or Negative Declaration of Environmental Impact must be prepared, or to identify the significant environmental effects to be analyzed in an EIR. 17 Environmental Review Threatened and Endangered Species within the City of Mill Valley Processing tion is at least 20 days. Certain projects must Categorical Exemption: After a project be submitted to the State Clearinghouse for is determined to be complete, Staff will de- review by state agencies and the review pe- termine if the project is exempt from the riod is at least 30 days. requirements of the California Environmen- Environmental Impact Report (EIR): An tal Quality Act. If the Planning Staff deter- EIR is required if there is substantial evi- ing listed plants and animals have mines that the project is exempt, then no dence that the project may have a significant been found within the City limits: further environmental review is necessary effect on the environment. The EIR process Northern coastal salt marsh and the project proceeds through Design may take several months to complete. This Laterallus jamaicensis coturniculus Review. handbook does not detail the EIR process The California Natural Diversity Database indicates that the follow- California Black Rail Rallus longirostris obsoletus California Clapper Rail Strix occidentalis caurina Environmental Clearance: After a project is determined to be complete, Planning Staff since most single-family residential projects in the City will not require an EIR. will review the Environmental Clearance Northern Spotted Owl application and prepare an Initial Study for Arctostaphylos hookeri ssp Montana a project. Based on the significance of the Mt. Tamalpais Manzanita environmental impacts, Staff will determine Fissidens pauperculus whether a Negative Declaration can be is- Endangered & Threatened Species Helianthelia castanea sued on the project or if an Environmental Certain plant and animal species within the City Impact Report (EIR) is required. One of have been listed as endangered and threatened these documents must be completed before by State and Federal agencies. If there is an the project can be approved. indication that a protected species may be lo- Diablo Helianthella Pentachaeta bellidiflora White-Rayed Pentachaeta Plagiobothrys glaber Hairless Popcorn-Flower Boschniakia hookeri Small Groundcone Navarretia rosulata Marin County Navarretia Cordylanthus maritimus ssp palustris Point Reyes Bird’s-Beak Negative Declaration of Environmental Impact: The City may adopt a Negative Declaration of Environmental Impact when there is no substantial evidence in light of the whole record that the project may result in a significant adverse environmental effect. The City may adopt a Mitigated Negative Declaration of Environmental The City’s major creeks are also Impact if the City has identified a potential home to Oncorhynchus mykiss ssp. effect, but revisions or mitigation measures Steelhead, a federally listed threat- imposed on the project will avoid the effect ened species. or reduce it to a level of insignificance. Negative Declarations are prepared by the project planner and usually take a month to complete, depending on the scope of the project and the planner’s workload. The pub- 18 lic review period for a Negative Declara- cated on a project site, the City may require the applicant to obtain a field study to determine if and where the species may be located on the site. Based on the information from the study, and in consultation with the California Department of Fish and Game and U. S. Fish and Wildlife Service, appropriate mitigations may be required to reduce impacts on these species. Environmental Review Historical Structures lages in the area. The village sites were often near water sources. If there is a possi- Any resource listed in, or eligible for listing bility that cultural resources may be dis- in, the California Register of Historical Re- turbed by a project, the City will require the sources is presumed to be historically or cul- applicant to submit funds to cover the cost turally significant. Resources listed in the Mill of a City retained archaeologist to investi- Valley Historical Society Partial List of His- gate at the site and prepare a report and toric Structures or zoned H-O are presumed any mitigation measures that may be re- to be historically or culturally significant un- quired. If archaeological resources may be less the preponderance of evidence demon- present, the City will typically require the strates that they are not. A property may be applicant to retain an archaeologist and rep- historically significant under CEQA even if resentative of the Native Americans to the property is not eligible for listing in the monitor ground disturbing activities during California Register of Historic Resources and construction. not included in a local list of historic resources. The following areas are known to have sensitive cultural resources: When a project would potentially affect • Sycamore Triangle (residential area a historical resource, the City must prepare between Miller, East Blithedale and an initial study to determine whether the Camino Alto) project may result in substantial adverse changes to the resource. “Substantial adverse • Sutton Manor (residential area north of Ashford Avenue) change” includes demolition, destruction, There are other sites within the City where relocation or alteration activities that would archaeological resources may be found. Ap- impair the significance of the historic re- plicants are encouraged to review their project source. The Secretary of Interior’s Standards with Planning Department staff to determine for Rehabilitation provide a standard guide if the site is in a known area of archaeological to recommended (and not recommended) sensitivity. treatments to historic properties. The City will retain an architectural consultant at the applicant’s expense to prepare a report regarding the historical significance of the site, the impacts the project may have, and any mitigation measures that may be required. Cultural Resources The primary known cultural resources in Mill Valley are the archaeological sites associated with the Coast Miwok, who lived in vil- 19 Environmental Review Environmental Review Process * The process for an Environmental Impact Report is not detailed because, in the majority of cases, only a Negative Declaration of Environmental Impact is required, For more information on the EIR process, see: http://www.ceres.ca.gov/ceqa ** Usually the public review period is 20 days. If the project requires submittal of the Negative Declaration to the State Clearinghouse (for review by State agencies), the public review period may be 30 days. 20 Appendices Appendix A: Review Process Appendix B: Design Review Application Appendix C: Zoning: Land Use Appendix D: Zoning: Technical Zoning Requirements Appendix E: Other Permits After Approval Appendix F: Construction Period, Inspections and Final Approval Appendix G: Soils Reports / Drainage Plans Appendix H: Erosion Control Appendix I: Story Poles Appendix J: Heritage Trees Appendix K: Resource Directory 21 Blank 22 Appendix A Review Process Overall Design Review Process 23 Appendix A Review Process Preapplication Process 24 Appendix A Review Process Environmental Review Process * The process for an Environmental Impact Report is not detailed because, in the majority of cases, only a Negative Declaration of Environmental Impact is required, For more information on the EIR process, see: http://www.ceres.ca.gov/ceqa ** Usually the public review period is 20 days. If the project requires submittal of the Negative Declaration to the State Clearinghouse (for review by State agencies), the public review period may be 30 days. 25 Appendix A Review Process Process Prior to Public Hearing 26 Appendix A Review Process Process Following Public Hearing 27 Blank 28 Appendix B Design Review Application 29 Appendix B Design Review Application 30 Appendix B Design Review Application 31 Appendix B Design Review Application 32 Appendix B Design Review Application 33 Appendix B Design Review Application 34 Appendix C Zoning: Land Use Appendix C Use of Property in a Single Family Residential (RS) Zoning District The City of Mill Valley has 10 single-fam- Roomers/boarders: Up to two ily residential (RS) zoning districts. The pri- roomers (also known as boarders) are per- mary difference between the districts is the mitted in a single family home. A roomer/ minimum lot size required for subdivision boarder is someone who rents a sleeping and the maximum lot coverage permitted. room for rent or other consideration. One The permitted and conditionally permitted parking space must be provided for each uses are the same for each RS zoning dis- roomer, in addition to the required parking trict. for the single-family residence. A business The City also has other residential zoning districts. Consult with the Planning De- license is required. Home Business: The City re- partment staff regarding the specific re- stricts the use of single-family homes for quirements for zoning districts other than home business in order to preserve the resi- RS. dential character of neighborhoods. A home business may only be conducted by a resident of the home. The business must be conducted Single Family Use The RS District is intended for single-family residential use. A single-family use is a use for one family; not arranged, designed, or equipped to permit two or more persons or groups of persons to live independently of each other (see Mill Valley Municipal Code Section 20.08.070). within the home. No employees, client visits, or indoor or outdoor storage of materials related to the business are permitted. Barbershops, clinics, and cosmetology businesses are not allowed (see M.V.M.C. Section 20.60.250 for requirements). A business license is required prior to starting a home business. The Business License Application and a home occupation affidavit may be obtained from the reception desk at City Hall. Other Permitted Uses Accessory Structures: Accessor y In addition to single-family use, the City buildings or structures are functional, permits a number of other uses that are manmade features, enclosures, covers or considered compatible with single-family buildings that are subordinate to the main use. “Permitted use” means that the use is building and incidental to the single-family allowed as a matter of right. The follow- use. Examples of accessory structures: ing are other permitted uses in the RS districts: • detached garages and carports • potting & storage sheds • playhouses 35 Appendix C Zoning: Land Use • • • • workshops under the provisions of the California pool equipment enclosures Welfare and Institutions Code) swimming pools and hot tubs decks over 18" above grade Second Units: Second units are encouraged by the City. They provide housing for family members, students, the elderly, in-home health care providers and others, at below market prices within existing neighborhoods. Homeowners who create second units benefit from added income and an increased sense of security. New second units are permitted in RS Zones with a Second Unit Permit. Second units, or in-law units, are permitted when they meet certain criteria (see M.V.M.C. Section 20.90 et. seq. — the application form is available from the Planning Department). Conditionally Permitted Uses There are some uses that the City may consider essential or desirable in the RS Zones, but which are not allowed as a matter of right. A Conditional Use Permit (CUP), involving a public hearing before the Planning Commission, is required for conditionally permitted uses within RS Districts. A CUP enables the City to control these uses to prevent any detrimental effects on the community. The following are conditionally permitted uses in an RS District: • Schools, public and private, including kindergartens, nursery schools and day care centers (“day care center” means any institution, boarding home, day nursery or other place required to obtain a license 36 • • • • • Churches Private parks or playgrounds Public utility structures Certain parking lots Clustered or grouped single family housing in certain districts Appendix D Zoning: Requirements Appendix D Technical Zoning Requirements An applicant should seek to comply with the zoning requirements, such as building setbacks, lot coverage, building height and parking. Summary of Basic Zoning Requirements for RS Zones Zoning District Minimum Front Yard Setback MinimumSide & Rear Yard Setback Max imum L ot C overage RS-6 40% RS-7.5 40% RS-10 RS-15 RS-20 RS-30 15 Feet RS-43 RS-3A 1 foot for each 1,000 square feet of lot size, 5 feet minimum a nd 15 feet max imum 40% 35% 35% 30% 25% 10% RS-5A 7% RS-10A 4% Setbacks Max imum Height Max imum Floor Area Formula B ased on Effective Lot Size: 25' above natural grade 35' in areas where setbacks are doubled Under 8,000 sq. ft. = 35% 8,000-20,000 sq. ft. = 10% + 2,000 sq. ft. Over 20,000 sq. ft. = 5% + 3,000 sq. ft., up to 7,000 square feet Side and Rear Setbacks The side and rear setbacks are based on the A setback is the space (measured horizon- size of a lot. The setback is one foot for tally) required between the main bearing wall each 1,000 square feet of lot size, with a mini- of any building or accessory structure and mum setback of five feet and maximum set- the nearest property line. Below grade swim- back of 15 feet. For example, a 7,600 sq. ft. ming pools or hot tubs must also meet set- lot would have a 7.6 foot side and rear set- back requirements. The City of Mill Valley back requirement. has two setback requirements, described in the Municipal Code as “interior and exterior required yards,” also known as “front and side setbacks.” Front Setback The front setback for all RS zones is 15 feet from any property line that is adjacent to a street. Lots with double street frontage will have a 15-foot setback from each street Exceptions to Zoning Setback Requirements • Minor Projections The City permits minor projections to extend into 30% of a required setback area. Examples of minor projections are nonhabitable areas such as eaves, chimneys and stairs not over 6 treads in length (M.V.M.C. §20.60.070(B)). frontage. 37 Appendix D Zoning: Requirements • Entrances on Downhill Sites En- floods, but also provides a buffer zone betrance stairways, entrance patios and en- tween human uses and the riparian habitat. trance decks may be located within the front The Creek Setback is a tool to ensure de- setback area if the average downslope of velopment that is compatible with the im- the front 35 feet of the lot exceeds 40% portant habitat, aesthetic and recreational slope (four feet fall in a horizontal distance functions of the riparian areas within the of 10 feet) (M.V.M.C. §20.60.070(C)). City’s watershed, and to ensure that these • Required Parking Required parking functions and values are protected in perstructures may encroach into the front set- petuity. back area, depending on the slope of the site. Garages may have to be set back 20 feet from the edge of the roadway (M.V.M.C. §20.60.080). Height • Second Units Under certain circum- Building height is the vertical distance from stances second units may be located within the natural grade to the highest point of the the front setback area (M.V.M.C. structure. §20.90.040(E)). • Solar Access The Planning Commission may allow a variance from setback requirements to improve solar access or energy conservation. (M.V.M.C. §20.64.100) •Greater Setbacks The City may require greater setbacks depending on specific site circumstances (See M.V.M.C. §20.66.045) 30-Foot Creek Setback The Mill Valley Floodplain Ordinance requires all structures subject to the Floodplain Ordinance to be set back at least 30 feet from the top bank of any creeks identified on the Mill Valley Flood Insurance Rate Map (available for review at City Hall or from Federal Emergency Management Agency). The 30-Foot Creek Setback not only protects landowners from the natural meanderings of the creek channel and 38 The maximum height for a single-family dwelling is 25 feet. The portions of a single-family dwelling that are setback twice the required setbacks may extend up to 35 feet above the natural grade. Appendix D Exceptions to Height Requirement flow and volume of runoff, increase creek temperature and pollutants, and cause other • Chimneys, cupolas, domes, flagpoles, changes to the watershed ecosystem. The elevator penthouses and other accessory hearing body may require limits on imper- units mounted on buildings may extend up vious area or permanent structural controls to 10 feet above the height limit for the designed to remove sediment and other pol- building (M.V.M.C. Section 20.60.060). lutants. • The Planning Commission may allow For planning and design ideas for im- a variance from height requirements to im- proving stormwater management on a site, prove solar access or energy conservation refer to Start at the Source: Design Guidance (M.V.M.C. §20.64.100). Manual for Stormwater Quality Protection, Bay • The City may impose more restric- tive height limits depending on specific site circumstances (See M.V.M.C. §20.66.045) Zoning: Requirements Area Stormwater Management Agencies Association (BASMAA), which is available for $35 from BASMAA. A copy is available for review at the Planning Department. Lot Coverage Lot coverage is the amount of lot that may be covered by principal and accessory structures, expressed as a percentage of the lot size. Lot coverage is limited to 4-40% of the lot size, depending on the RS zoning district. Applicants should pay particular attention to lot coverage requirements on sites under 8,000 square feet, since lot coverage issues are most likely to occur on these smaller lots. The Planning Commission may allow a variance from lot coverage requirements to improve solar access or energy conservation (M.V.M.C. §20.64.100). During Design Review, the hearing body may also consider and limit the amount of “impervious surface” on a site. Impervious surfaces prevent the infiltration of water into the soil. Impervious surfaces include rooftops, concrete patios, paved walkways and driveways. Impervious surfaces can alter drainage patterns, increase the peak 39 Appendix D Zoning: Requirements Calculating Maximum Adjusted Floor Area Maximum Floor Area (FAR) Effective Lot Area The One-Time, 100 Square Foot Addition The City limits the maximum size of single- When the maximum FAR’s were estab- family homes using a Floor Area Ratio lished by the City in 1991, the City also es- (FAR). The maximum Adjusted Floor Area tablished an exception to the FAR require- that is permitted for a site is calculated us- ment. This exception permits owners of Effective Lot Area is the gross hori- ing the “Effective Lot Area.” The maxi- homes that were within 100 square feet of zontal area of a lot minus any por- mum floor area for a site may be further the maximum floor area, or over the maxi- tion of the lot encumbered by a trail reduced through the Design Review pro- mum floor area, on June 5, 1991, to add up easement or recorded driveway or cess. to 100 square feet to their homes. roadway easement (M.V.M.C. § 20.08.090). Floor Area Ratio (FAR) Used To Calculate Maximum Adjusted Floor Area • • The City permits these homeowners to horizontal area of all floors of a home and obtain a building permit for up to 100 square all accessory buildings. It is measured from feet of additional adjusted floor area, with- the exterior faces of the exterior walls of out a Floor Area Ratio Variance. The pro- the buildings. Adjusted Floor Area also in- posed addition must comply with all other cludes other enclosed spaces (such as un- provisions of the Zoning Code. der floor areas) that have minimum dimen- Site area less than 8,000 sq.ft. = sions of eight feet by 10 feet and 7 1/2 35% of effective lot area feet head room, without additional excava- Site area 8,000 to 20,000 sq.ft. tion. = 10% of effective lot area + 2,000 sq.ft. • Adjusted Floor Area is the total gross Site area over 20,000 sq.ft. = 5% of effective lot area + 3.000 sq.ft. up to a 7,000 sq.ft. maximum Adjusted Floor Area does not include: • The first 500 square feet of garage space; • The first 500 square feet of any second unit on a lot over 8,000 square feet; • Any areas below or predominately below both the natural and finished grade, measured at the perimeter of the building, which in the opinion of the Director of Planning and Building do not add to the visual mass of the building; For determination of eligiblity for exemtion, see diagram to the left. Maximum FAR Reductins The City may reduce the maximum adjusted floor area permitted for a site when specific site circumstances or natural or topographic features warrant more restrictive development standards, such as when: • The site has an irregular configuration (e.g. flag lot). • The site is located on a steep slope above or below a street or other homes. • The site has Heritage Trees or other significant vegetation; other significant site features such as a major rock outcropping; a creek, other drainage way or riparian area; areas of very steep Interpretations of what constitutes adjusted slope which limit the practical building floor area are made by the Director of Planning area on the lot; is in a visually promi- and Building and may be appealed to the Plan- nent location; or portions of the lot ning Commission. are inaccessible due to a creek or other feature intersecting the lot. 40 Appendix D Zoning: Requirements • The maximum permitted size and/or addition to the parking required for the priheight would result in a home and/or mary home. Two spaces are required for a garage which are not generally com- second unit over 700 square feet. At least patible with the scale of other homes one space for the second unit must be in- and/or garages in the vicinity such as dependently accessible from those of the What if I want to build a home that is larger than what is permitted? where, for example, the lot is consid- primary home. Parking requirements for A floor area ratio variance would erably larger than other lots in the vi- second units are reduced during the City be required to construct a home cinity. Second Unit Amnesty period. Contact staff • In determining the appropriate “ad- for current requirements. justed floor area” on smaller lots, as Roomers/boarders part of the Design Review approval One parking space is required for each process the City may also take into roomer/boarder, in addition to the parking consideration the effect of any garage required for the primary home. and second unit space otherwise excluded. Staff and the Planning Commission may deduct the sensitive area of a site from the effective lot area to calculate the Maximum Floor Area. Design Guidelines The City encourages owners to mini- that is larger than the maximum permitted floor area. Floor area ratio variance applications are discouraged. They are rarely granted by the Planning Commission. Contact Planning Department Staff for more information. One-Time Addition Determination mize the creation of new stormwater runoff or “nonpoint source pollution” by reducing impervious surfaces on new driveways. Alternatives to traditional concrete driveways are encouraged, including turf Parking Requirements Single-family homes are required to have at least two on-site parking spaces that meet the following minimum dimensions: Minimum Parking Space Dimen- block, unit pavers on sand, pervious concrete or paving only under wheels. Sloping driveways to drain onto an adjacent turf or groundcover area will also reduce stormwater runoff. sions One compact space: 8' x 17' One full-size space: 9' x 20' Parking does not need to be covered or enclosed. The spaces may be tandem. One additional off-street space must be provided for guest parking, unless there is adequate guest parking on the street. Second Units Second units up to 700 square feet must have one off-street parking space in 41 Appendix D Zoning: Requirements Gar age and Car por t Se tbac k Re quir e m e nts Slope of fr ont 3 5 fe e t Minim um Fr ont Se tbac k 10 % or le ss 15 to 2 0 ft 11 to 13 % 14 ft 14 to 15 % 13 ft Garage Development Requirements of carports or parking decks must be set back at least 15 feet from a front property line, or 20 feet from the edge of the side- Garage Height walk or street paving nearest the front prop- The height of a detached garage is lim- erty line, whichever distance is greater. If ited to 15 feet, measured vertically from the slope of the site is over 10%, less re- the finished floor elevation of the parking strictive front setback requirements apply. deck. A garage with a second unit above it may be up to 25 feet in height. The overall height of a garage structure may not exceed 30 feet. 16 to 18 % 12 ft Private Open Space Requirements As a condition of approving a Design 19 to 2 0 % Review application for a residential site with 11 ft an Effective Lot Area in excess of 80,000 2 1 to 2 3 % 10 ft 2 4 to 2 6 % 9 ft 2 7 to 2 8 % 8 ft 2 9 to 3 1% 7 ft 3 2 to 3 4 % 6 ft 3 5 to 3 7 % 5 ft 3 8 to 3 9 % 4 ft 4 0 % or m or e 3 ft square feet, the Planning Commission may require that any portion of such site in excess of 80,000 square feet shall remain in its natural state as an undeveloped, private open space area with no grading, tree or foliage removal, or structures or other development. This area shall be precluded from any further residential development by a scenic easement, deed of development rights, or other appropriate method. Second unit over garage Garage Size Detached garages are limited to 500 square feet in size. A detached garage combined with a second unit may be up to 1,500 square feet in size (see Mill Valley Second Unit Ordinance for more details). Flood Zone Requirements New structures and substantial improvements of existing structures are subject to the City Floodplain Management Ordinance (M.V.M.C. Title 18). Contact the Depart- Garage Setbacks ment of Public Works to determine if your Side and rear setbacks for garages are site is within a floodplain. The Planning the same as for the primary home (See page Department has copies of the Federal Emer- 37). gency Management Agency (FEMA) Flood Front walls of garages or front posts 42 (M.V.M.C. §20.66.048) Insurance Rate Map for review. Appendix D Zoning: Requirements A project is a “substantial improvement” if the cost of the project will exceed 50 percent of the building’s depreciated cost value (land value is not included). The applicant must submit an appraisal of the home that includes the depreciated cost of the home. If the cost of the project is close to 50 percent of the building’s depreciated value, the applicant must also submit a detailed cost estimate for the project prepared by a licensed general contractor or professional construction estimator. General requirements for construction within A1, A2 and A4 Flood Zones: Substantial improvement: lowest floor must be elevated to the Base Flood Elevation (this may require existing floor to be raised). New construction: lowest floor must be elevated one foot above the Base Flood Elevation. General requirements for construction within AO Flood Zones: Substantial improvement: lowest floor must be elevated at least as high as the depth number specified in feet on the Flood Insurance Rate Map (this may require existing floor to be raised). New construction: lowest floor must be elevated one foot above the depth number specified in feet on the Flood Insurance Rate Map. nection with the approval of the Design Review project. Sewer Connection (Mill Valley Municipal Code Title 17) Every site that is within 400 feet of a City sewer line must be connected to the City sewer. The City may require the connection to be made by the applicant, at the applicant’s expense. If necessary, the City may require the applicant to extend a City sewer line within a public easement. If a sewer connection already exists, the Department of Public Works or Building Department may require the applicant to verify that the sewer lateral is in good condition. If the lateral is not in good condition, the applicant will be required to repair or replace the lateral. A plumbing permit is required for repair or replacement of a sewer lateral. An encroachment permit will be required for work to be done within the public right-of-way. If a sewer connection is required, the applicant must obtain a sewer connection permit from the Department of Public Works after the project is approved. The City Engineer will review the plans and specifications. If the work to be performed complies with the City’s regulations, the permit will be issued upon payment of the sewer connection fee to the Department of Public Works. The sewer connection permit fee is $5,000 for a single family home and $4,000 Improvements Required As Conditions of Approval The City may require certain improvements to the site and public right-of-way in con- for each additional unit. The fee for a second unit under 700 square feet in size is $1,250. Inspection fees may be added to the basic connection fee. 43 Appendix D Zoning: Requirements When a public sewer is not available walks in good and safe condition and re- within 400 feet of the site, an applicant may pair. The City Engineer will require an ap- apply to the City for a connection to a pri- plicant to replace any cracked and broken vate septic tank. The septic tank permit sidewalk fronting the property. must be approved by the City Council and Enchroachment Permit is required for this Marin County Environmental Health Ser- work, but no fee is charged for permits to vices. The owner may be required to con- repair sidewalks. (M.V.M.C. §11.24.060) nect to the City sewer line in the future if it is extended to within 400 feet of the site. The City Engineer may require installation of a sidewalk as a condition of project approval. Water Service If a site (or proposed new unit) is not Storm Drain System Improvements currently served by the Marin Municipal Depending on the scope of the project Water District (MMWD), the applicant and condition of the existing drainage in the must apply to MMWD for water service. area, the City Engineer may require a hy- MMWD will require the following: drologic study by a Civil Engineer, new • A Water Service Application • A copy of the building permit • Appropriate fees storm drain, inlet, catch basin, curb, gutter, MMWD may require the foundation or improvements to natural drainage courses. Fire Hydrants and Sprinklers of the structure to be completed within 120 Fire sprinklers must be installed in all days of the date of application. They will new residential units and substantial remod- also require all landscape and irrigation els. A “substantial remodel” is a renovation plans to be designed in accordance with the and/or addition that exceeds 50% of the most current MMWD landscape require- existing floor area of the structure (exclud- ments (presently MMWD Ordinance 385). ing replacement and upgrading of a roof). Certain sites may be connected to The Fire Chief may require the closest ground water wells. See MVMC §14.06.020 Street Improvements fire hydrant to be upgraded, or a new hydrant to be installed, to the Fire Department’s minimum standards. The City Engineer may require road- Roadway upgrades, turnaround areas or way improvements as a condition of ap- other improvements may be required on lots proval of a project. The Fire Chief may with substandard access roads or driveways. require street improvements, such as paving or widening of a street, to meet emergency vehicle access requirements. Sidewalk Repair & Installation Owners of property fronting on a street with a sidewalk must keep the side- 44 An Appendix E Other Permits After Approval Appendix E Other Permits Required After Approval Applicants for Design Review may have to road prior to the start of construction. This obtain additional permits after approval, is for the applicant’s protection, as the City and before construction. These permit re- does not examine the street prior to con- quirements are typically outlined in the Con- struction. ditions of Approval. The earliest the road bond can be returned is when the applicant receives their final inspection from the Building Department. Road Impact Fees and Bond As of July 5, 2004, projects with a construction value of $10,000 or more will be charged • Driveways ule an inspection for the release of the road • Garages and carports bond. A Revocable Encroachment Permit (“En- when the building permit is issued, and is croachment Permit”) will be required for any nonrefundable. project that includes work within a street In addition to the Road Impact Fee, right-of-way or other City property. The En- applicants may be required to submit a road croachment Permit must be obtained prior security to cover repair of any damage to to work on City property and prior to issu- City roads that was caused by their con- ance of a building permit. struction activities. Applicants will be en- An encroachment permit is a written couraged to repair any damage using their permit authorizing certain work to be done own forces, and the road security will be within a publicly maintained right-of-way. used only as a last resort. Any damage to The City retains the right to revoke the en- roads must be repaired to the satisfaction croachment permit, and to require the per- of the City prior to the release of the road mittee to relocate or remove the encroach- bond. Damage assessment will be at the ment at their expense, in the event the City discretion of the City Engineer, and neigh- wishes to improve the street or other City borhood input will be considered in mak- property in the future. The Department of Public Works may also require a videotape log, in VHS format, clearly showing the existing condition of the • Bridges • Fences • by construction activities. The fee is collected determination is final. • Curbs and gutters call the Department of Public Works to sched- increased deterioration of city streets caused ing that assessment. The City Engineer’s • Installation of utility pipes • Sidewalks Revocable Encroachment Permit imposed on construction projects due to the • Excavation or fill Once final inspection is given, applicants may a fee of 1% of the building permit value for a Road Impact Fee. The Road Impact Fee is Examples of projects on City property that will require an Encroachment Permit: Walls Criteria for Issuance of Encroachment Permits Encroachment permits will only be issued when absolutely necessary and where proposed construction will not unreasonably 45 Appendix E Other Permits After Approval limit existing or potential public use of the area. The City Engineer may also require: • Evidence of insurance (The minimum Fences and entrance structures located limits of insurance are fixed by the City within the public right-of-way will only be Engineer based on the hazards involved considered absolutely necessary under ex- in the work sought to be performed traordinary circumstances. (M.V.M.C. under the permit) §11.16.010) Encroachment permits will not be issued for any building other than a carport or a garage. (M.V.M.C. §11.16.060) A Department of Public Works Engineer reviews the project plans when they are submitted for design review. The Engineer will inform the project planner if they will require a Revocable Enchroachment Permit and any modifications or additional information that may be necessary in order to issue the Permit. If a Revocable Encroachment Permit is • An encroachment security in the form of a Certificate of Deposit (CD), cash or other security to ensure compliance with any conditions of approval. Process Time The encroachment permit evaluation and approval process is normally completed within one week of the date of application. However, this time frame may be extended if additional information is required from the applicant and depending on the Staff workload. required, the applicant may apply for it after the project is approved by the hearing body. The City Engineer may require the applicant Marin Recorder’s Office prior to issuance of Watercourse Modification Permit the permit. A building permit shall not be is- Watercourse Modification Permits may be sued until any required encroachment permit required from the Department of Public has been issued. Works. A Watercourse Modification Permit to record information with the County of Application Requirements • Completed Application for Revocable Encroachment Permit (available from the Department of Public Works) • Permit Fee (4% of the value of the work within the right-of-way, $70 minimum) • Plans for proposed work • Site plan indicating location of proposed work, property lines, edge of pavement, north arrow and scale. is required to: • Discharge into or connect any pipe or channel to a watercourse; • Modify the natural flow of water in a watercourse; • Deposit in, plant in, or remove any material from a watercourse including its banks, except as required for necessary maintenance; • Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or 46 Appendix E Other Permits After Approval • Place any loose or unconsolidated ma- • An erosion and sediment control plan terial adjacent to or within a water- which conforms to the Association of course that will cause a diversion of Bay Area Government guidelines must the flow or where the material will be be prepared by the soils engineer. The carried away by storm waters passing soil engineer must sign a statement that through the watercourse. the work conforms to ABAG guide- The Department of Public Works de- lines. Erosion and sediment control fines “watercourse” broadly as any stream, materials must be stockpiled onsite and creek or intermittent waterway with a de- an emergency callout plan for 24-hour fined bed and bank. notification must be provided. Procedure and Application Re- Other Permits Required for Work quirements Within a Waterway Applicants for a Watercourse Modifi- If the project is located in or adjacent cation Permit submit plans to the Depart- to a waterway with a defined bed and bank, ment of Public Works prepared by a li- it may also fall under the jurisdiction of the censed engineer. Plans must include the fol- United States Army Corps of Engineers, lowing (additional information may be re- San Francisco Bay Conservation and De- quired): velopment Commission, California Regional • A site map showing contours, approxi- Water Quality Control Board and Califor- mate centerline of the creek, top of nia Department of Fish & Game. Appli- bank, and approximate low and high cants must obtain all necessary permits from water marks. other agencies prior to issuance of the Wa- • A landscape plan showing how native tercourse Modification Permit. Applicants riparian vegetation will be incorporated should allow 6 months to 1 year for review into the design. by outside agencies. • Consideration of alternatives to hardscape retaining walls for bank protection. • A work plan explaining what measures will be taken to ensure silt and construction debris does not enter the creek. • A construction schedule. • The project engineer must submit an analysis of the creek flow and certify in writing that the proposed project does not impede or divert the historic Other permits that may be required: • Streambed Alteration Agreement from the Department of Fish & Game (707) 944-5520. • Nationwide Permit from the U.S. Army Corps of Engineers (415) 977-8451. • 401 Certificate from the Regional Water Quality Control Board-Marla Lafer (510) 622-2348. (Application requires California Environmental Quality Act document or proof of exemption). flow of water in the creek. 47 Appendix E Other Permits After Approval When is a Grading Permit required? Grading Permit During the review of the project tain a Grading Permit as a condition of • Location of existing and proposed build- Design Review approval. A grading permit ings on site and within 100 feet of site and authorizes certain grading work to be done location of existing and proposed streets, required. for an approved project as shown on an driveways, easements and encumbrances A grading permit is required for all approved grading plan. In granting the grad- excavation, fill or grading, except: on site. ing permit, the City may include conditions • necessary to prevent the creation of a nui- for completeness, the Public Works Department will notify the project planner if a grading permit will be Where the volume of material to be graded or filled does not exceed fifty (50) cubic yards; • Where natural and finished slopes are less than ten (10) per- • • • The City may require an applicant to ob- sance or hazard to public or private property. The Grading Permit must be obtained from the Department of Public Works cent; prior to any grading, excavation or fill at Excavations for basements and the site that requires a Grading Permit, and footings or piers for a building, prior to issuance of a building permit. All retaining wall or other structure Grading permits must comply with the authorized by a valid building Residential Design Guidelines. permit; No Rainy Season Grading Activity Excavations for wells or utilities; Exploratory excavations pre- No grading activity is permitted dur- pared under direction of soil en- ing the rainy season (October 15 to April gineers or engineering geolo- 15). gists. Grading Permit Requirements Applicants should submit the following: • Completed Application for Excavation, Grading, Fill and Blasting Permit (available from Department of Public Works) • Application Fee (based on the amount of soil to be moved) • Grading Plan, prepared and signed by a California registered civil engineer showing: • North arrow, equivalent horizontal and vertical scales (no smaller than one (1) inch equals twenty (20) feet), elevations referenced to an established point, date 48 and name of preparer. • Property lines of the site to be graded and streets or other right-of-way. • Existing and proposed (finished grade) topography of the site taken at a contour interval sufficiently detailed to define the topography and the drainage pattern over the entire site. Ninety percent (90%) of the contours shall be plotted within one contour interval of the true location; • Two contour intervals that extend a minimum of 100 feet off-site (or sufficient to show on- and off-site drainage). • Location and graphic representation of all existing and proposed natural and man-made drainage facilities, trees (showing size and species), structures and paved areas, and utilities. • Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as a part of the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drain; • Location and graphic representation of proposed excavations and fills, on-site storage of soil and other earthen material, and on-site disposal; • Location of proposed temporary and Appendix E Other Permits After Approval final surface runoff, erosion and sedi- Processing Time ment control measures; The length of time necessary to review cubic yards to be excavated, filled, stored ing to the size and scope of the project and How much does a building permit cost? or otherwise utilized on site; the staff workload. The time involved from On average, the fee for a building submittal of application to receipt of permit permit is 3% of the project valua- • Quantity of soil or earthen materials in and approve a grading permit varies accord- • Proposed sequence and schedule of excavation, filling and other land-disturb- is approximately two weeks. tion. A schedule of the fees is available from the Building Department. ing and filling activities, and soils or Return of Grading Security The primary permit fee is based on earthen material storage and disposal. In order to obtain return of the grading the actual project valuation. The security, the Soils Engineer shall provide a let- following fees may also be required: ter to the Department of Public Works certi- • • • Overhead utility lines • Profiles and cross-sections sufficient to show the relationship of existing and proposed structures to existing and proposed contours. • Locations, size and varieties of all trees onsite indicating those to be removed fying that all grading and drainage was con- dations. All permanent erosion control measures must be in place. and any tree on adjacent property within 25 feet of any grading operations. • Existing and proposed drainage and detailed plans for any proposed drainage structures. (See Appendix G for Drainage Plan requirements) Building Permit A building permit must be obtained prior to any grading, demolition and construction associated with the Design Review project. Plumbing, electrical and mechanical permit fees structed according to plans filed with the grading permit and the Soils Engineer’s recommen- General Plan Maintenance fee • • • • • • Drainage fee Seismic Hazard Mapping fee Planning and Development tax Business license (for contractor) Microfilm fee Road Impact Fee School Facilities Fee In addition to the fees noted above, applicants must pay School Facili- • Plans for erosion control during and The building permit will not be issued until after grading including planting, crib- all approvals have been granted, any appeal bing, terraces, sediment retention struc- periods have expired, and all conditions ap- square feet. This fee is payable to tures, and other such means of control. plicable prior to issuance of the permit have the Mill Valley School District, 411 (See Appendix H for Erosion Control been met. Sycamore Avenue (at the Middle Plan requirements) • Foundation Plan • Construction Schedule ties Fees (currently $1.84 per square foot) for any addition over 500 School). The Building Department Application Requirements will provide applicants with a form Applicants are encouraged to review the that must be submitted to the scope of their project with Building Depart- School District with the fee. A copy • Grading Security (in an amount deter- ment staff before applying for a building of the form, signed by an authorized representative of the School mined by the City Engineer) in the form permit to determine the information re- of a Certificate of Deposit (CD) or quired for the permit. The minimum infor- Building Department prior to issu- cash to cover grading, drainage, and mation required for building permit appli- ance of the building permit. erosion control. cations: District, must be returned to the • Completed application (available from the Building Department) including cur49 Appendix E Other Permits After Approval When does a building permit expire? Building permits expire if the work rent fax and phone contact informa- phone or fax. Applicants are encouraged to tion provide up to date contact information and • Plan check fee (currently 65% of the fax numbers to the Building Department to building permit fee, see below) is not commenced within 180 days • 2 copies of soils reports, structural cal- (6 months) following the date the culations and Title 24 calculations (if ap- permit was issued, or if no inspec- plicable) tions are obtained within 180 days. The Building Official may extend a • 3 sets of plans mation as soon as it is available. If revisions are necessary, the applicant must submit revised plans (or other information requested) indicating the changes made. The Building Department will re-circulate permit for up to 180 days upon Procedure for Obtaining Building Per- the revised plans. The Building Department written request if the applicant can mit seeks to have comments on the revised plans Applications for building permits may within ten working days. show good cause for the delay. If a permit expires, a new permit must be obtained before work may re- be submitted during normal City Hall busi- The balance of fees for the permit must commence. ness hours. Building inspectors are available be paid at the time the permit is issued from during limited office hours (currently 8-9 the Building Department. The Building De- Project Valuation a.m. and 4-5 p.m. when City Hall is open) partment accepts Visa and MasterCard pay- Total Time Allowed for to answer questions. ments. Construction time limits Completion of Work • Review for Code Compliance What if I change the approved design? Upon receipt of the building permit The Planning Department reviews build- application, the Building Department will ing department application to ensure they com- circulate the application to other City de- ply with approved Design Review plans. The partments for their review to ensure com- plans must “substantially conform” to the 12 Months pliance with applicable codes and the ap- approved plans, unless otherwise specified $100,000 to $1,000,000 proved Design Review plans. Some permits during the Design Review process. Staff may 18 Months are sent to an outside plan check agency for approve minor changes to the approved plans. $1,000,000 to $5,000,000 review and others are reviewed by the Build- If Staff does not consider the modifications 24 Months ing Official. This circulation period takes to be minor, an amendment to the Design Over $5,000,000 approximately four weeks. Review approval must be applied for and Up to and including $10,000 6 Months • $10,000 to $50,000 9 Months • • • • $50,000 to $100,000 36 Months Once all responses are received from obtained from the hearing body that approved the various City Departments, the Building the application. An amendment to Design Department will determine if a permit may Review approval would involve the same be issued, or if revisions or additional in- notice and hearing procedures as outlined formation is required. A Building Depart- in this Handbook for Design Review appli- ment Aide will notify the applicant by tele- cations. phone when the permit is ready to be issued. If revisions or additional information is required, the applicant will be notified by 50 facilitate this process and to receive infor- Appendix F Construction Period, Inspections and Final Approval Appendix F Construction, Inspections and Final Approval General Construction Policies Storage of Materials All construction materials, debris and trol with a lane closure. A road may be closed for a maximum of four hours. Winter Grading Winter grading (October 15 through April 15) is not permitted. equipment must be stored on site. If that is Air Quality not possible, the applicant must obtain an Construction activities can reduce the encroachment permit from the Department quality of the air near the project. The fol- of Public Works prior to placing any con- lowing control measures should be imple- struction materials, debris or unlicensed mented in order to manage fine particulate equipment in the right-of-way. The fee for matter from construction activities: using the right-of-way for storage of con- • Buildings constructed before 1980 struction materials or equipment is $10.00 may contain asbestos. Airborne asbes- per day per parkiing stall in residential ar- tos fibers pose a serious health threat. eas, and $20.00 per day per parkiing stall in If more than 100 square/linear feet or commercial areas. A minimum 12’ clear- 35 cubic feet of asbestos-containing ance shall be maintained at all times along material will be disturbed, an applicant the roadway. Portable toilets and job sheds must notify the Bay Area Air Quality will not be permitted to be placed in the Management District (BAAQMD). If public right-of-way, unless an exception is you plan to demolish the building even made by the Department of Public Works if no asbestos is present, you must no- for extraordinary circumstances. tify the BAAQMD. Other requirements Road Closures Road closures will only be permitted with prior authorization of the Department of Public Works, Police, and Fire Department. The Department of Public Works will only approve road closures that are consistent with the City’s road closure policy. Written notice to affected property owners and also apply. • Use dust-proof chutes for loading construction debris onto trucks. • Water to control dust generation during demolition of structures • Water all active construction areas at least twice daily. neighbors may be required. Notice of the • Enclose, cover, water twice daily or road closure must be posted 48 hours in apply (non-toxic) soil binders to ex- advance. The applicant must provide traf- posed stockpiles (dirt, sand, or other fic control when using one-way traffic con- materials that can be blown by the wind). 51 Appendix F Construction Period, Inspections and Final Approval • Cover all trucks hauling demolition timing, to the satisfaction of the Departdebris, soil, sand, or loose materials, or require trucks to maintain at least two feet of freeboard. ment of Public Works. The applicant is responsible for ensuring that all contractors and subcontractors • Sweep daily paved driveway, parking are aware of and implement all stormwater areas, and staging areas at construc- quality control measures. Failure to com- tion sites. ply with the approved construction BMP’s • Sweep street daily if soil material is visible. • Install straw wattles or other erosion control measures to prevent silt runoff, particular attention should be paid to ensure no silt runoff enters the creek/storm drain system (using a disposable catch basin filter at the storm drain if necessary). • Replant vegetation in disturbed areas as quickly as possible. Storm Drain Pollution The applicant is responsible for ensuring that the contractor uses Best Management shall result in the issuance of correction notices, citations and/or a project stop work order. Construction Management Plan The Planning Department, hearing body or Department of Public Works may require an applicant to provide a construction management plan. It is helpful to provide a draft construction management plan with the Design Review application. The following are guidelines for a construction management plan: 1. identifies the following: • Practices (BMP’s) for the Construction Industry to prevent storm drain pollution. The measures for the operation and maintenance of the project during and after construction to the satisfaction of the Department of Public Works. The project plans shall also include erosion control measures to prevent soil, dirt and debris from entering the storm drain system or natural drainage channels, in accordance with the guidance provided in the • plan for shuttling workers from parking to job site, if necessary • • • • • • • • • “Standards for Erosion and Sedimentation Control” and the “Erosion and Sedimenta- parking plan showing available parking areas for construction workers project construction plans shall include stormwater pollution prevention and control Provide a narrative and site plan that loading/unloading areas job box/storage area toilet temporary power pole dumpster storage debris storage area fencing for tree protection fencing for creek protection areas where silt fencing and other erosion control will be put in place 2. Provide the route that delivery tion Control Handbook” published by the trucks will be directed to use to and from Association of Bay Area Governments the site. This shall include the path of travel (ABAG), such as construction staging and from Highway 101. Indicate if vehicles will turn around on the site and return by the 52 Appendix F same route, or if they will loop around Building Department Inspections neighboring streets. The building department will inspect the 3. Provide the size of construction construction work when it has reached certain stages, and again when it is completed, to vehicles. Provide a construction schedule. make sure it complies with codes, regulations Provide the days of the week and hours and the approved plans. The owner or con- planned for the work. Provide a schedule tractor must contact the Building Depart- broken down in to one or two week tasks. ment regarding the inspections required. The schedule may be a list of activities with The owner or contractor is responsible to their approximate start and finish dates to call the City receptionist to schedule an in- explain the duration. It may be a time-based spection when the work is ready. They bar chart with the time line in days rather than should be prepared to provide the building specific dates. If in days, provide a reference permit number. Inspections are scheduled as to when the start of day one occurs, such in four-hour blocks of time (morning and as issue of building permit. afternoon). The City cannot accommodate 4. If there are construction sequence con- requests for specific inspection times. straints placed on the project by the City, make It is suggested that contractors schedule sure the schedule clearly separates out and inspections at least two days in advance. Same identifies the work on those areas. The sched- day inspections are rarely available. Out of ule should include, at a minimum, areas of courtesy to the building inspectors and other work such as: applicants, inspections should only be sched- • • • • • • • • • Construction Period, Inspections and Final Approval mobilization uled for work that is ready to be inspected. construction of the parking/stor- Final Inspection age areas When a permit is issued, the building grading department will provide a “Green Sheet” to drainage the applicant. The Green Sheet has a space foundation for a representative from each City depart- rough framing ment to sign off after they have inspected the landscaping project and have confirmed that the project erosion control (between October complies with the approved plans and all con- 15th & April 15th) ditions of approval. completion/occupancy Identify if road closures are anticipated for any item on the schedule. Note any outdoor construction activities The project planner will visit the site and confirm that the project complies with the approved plans and that all required landscaping has been installed. that may be underway between October Prior to issuance of a certificate of oc- 15 and April 15. Include the start and fin- cupancy, the project geotechnical expert may ish dates of activity that will include reveg- be required to provide a final report indi- etation of the denuded areas. cating that the approved grading, drainage, and erosion control measures were installed 53 Appendix F Construction Period, Inspections and Final Approval Legal Holidays as per the approved plans, and that all Owner/occupant builders may construct scheduled inspections were conducted by and use power tools on Saturdays between the project geotechnical expert periodically 9:00 a.m. and 5:00 p.m. throughout the project. Time Period: 7:00 a.m. – 6:00 p.m. Legal holidays include New Years Once the contractor has obtained ap- Day, the third Monday in January, proval from each City department, the con- Heavy Equipment and Power Tools the twelfth day in February, the tractor may schedule a final building inspec- third Monday in February, the last Time Period: tion with the Building Inspector. Monday in May, the fourth day of July, the first Monday in September, the eleventh day in Novem- The applicant may request return of any road bond after receiving a final approval ber, Thanksgiving Day, the twenty- from the Building Department. The refund- fifth day of December, March 31st, able grading bond will be returned when all and any other holiday designated provisions of the Grading Permit are satis- by the State of California. fied, including slope planting. Construction Noise / Construction Hours The City of Mill Valley does not specifically regulate construction hours, but limits the hours of noise associated with construction. All construction projects must comply with the City’s noise ordinance, Chapter 7.16 of the Mill Valley Municipal Code. Construction noise is measured in units of decibels (dBA) and is limited to a noise standard of sixty dBA, plus the adjustments specified in the Municipal Code. Generally, construction is limited to weekdays between 7:00 a.m. and 6:00 p.m. Power tools and heavy equipment may only be used on weekdays between 8:00 a.m. and 5:00 p.m. No construction noise is permitted on Saturdays or Sundays or legal holidays (See sidebar.) Time limits do not apply to construction activities that do not exceed the ambient noise level by more than 10 dBA, such as painting or interior work. 54 Construction Noise 8:00 a.m. – 5:00 p.m. Construction that exceeds the noise limits is only allowed with a noise permit from the City. Contact the Department of Public Works or Building Department for additional information on noise permits. Appendix G Soils Reports Drainage Plans Appendix G Soils Reports / Drainage Plans Checklist for Geotechnical Reports When required, a geotechnical study shall be prepared by a professional engineering firm under the direction of a geotechnical expert. Likewise, an engineering geology report, prepared under the direction of an engineering geologist, may be required. Both requirements may be met by a single report. The studies shall be performed for the entire parcel, and shall not be limited only to bilization after construction is completed; • Design criteria for corrective measures when necessary; • Opinions and recommendations covering adequacy of site to be developed by the proposed grading. • Recommendations included in the report and approved by the Director shall be incorporated into the grading plans and specifications. those portions to be graded. For large • Maps depicting regional geologic setting projects or sensitive sites, three copies of and site-specific geologic formations Soils Engineering Report and a $1,000 re- and structure. fundable deposit to cover the actual cost • Review of generally accepted previously of peer review by the City-retained soils published geologic reports pertaining to engineer shall be required. the area. Engineering geology reports shall include the following: • An adequate description of the geology of the site, including description of bed- • A Soils Report, when required by the rock lithology, structure, and physical Director, shall be based on adequate characteristics (strength, jointing, weath- and necessary test borings, and shall ering, hardness, special physical or contain all the following information: chemical features), and discussion of • Data regarding the nature, particle size, how the geologic structure affects the distribution, location, strength and erodability of existing soils; site. • Identification of active and dormant • Data regarding the nature, distribution, landslides based on both site analysis strength and erodability of soils to be and published geologic maps. Geologic placed on the site, if any; cross-sections where appropriate to • Conclusions and recommendations for grading procedures; • Conclusions and recommended designs for interim soil stabilization devices and measures and for permanent soils sta- convey information on geologic relationships. • Discussion of geomorphology and relevant hillslope and stream processes. Identification and evaluation of any faults on or adjacent to the site, includ55 Appendix G Soils Reports Drainage Plans ing their degree of activity and their consist of sieve analysis and plastic- possible engineering significance. ity testing. • Description and evaluation of offsite - Strength tests. Either triaxial or di- geologic hazards that may affect the rect shear tests may be used. Satu- graded site. rated, drained tests should be used for evaluating long-term problems, • Conclusions and recommendations regarding the effect of geologic conditions on the proposed development. such as slope stability. - be placed upon compressible clay • Reports submitted for Building Permits shall contain a statement that “proposed project as designed will be rea- soils. - sive clays are expected to be within 5 and “proposed project will not signifior any other property”. feet of finished grade. - Permeability testing , when criteria to prevent piping into subsurface drains Geotechnical reports shall include the following: Expansion tests, such as UBC Standard 29-2, when potentially expan- sonably safe from geologic hazards” cantly endanger the stability of the site Consolidation tests, if loads are to are required. - Stabilometer tests (R-value), per- • Subsurface exploration and testing suffi- formed in accordance with Califor- cient to represent conditions of the entire nia Test Method 301, for areas to parcel. At a minimum all reports should be paved. address the following: - - Description of the soil or bedrock • Analysis of areas to be graded includ- encountered. ing: The in situ dr y density and mois- - Field and laboratory tests of the land ture content of each soil or bedrock to be covered with fill, to determine unit. bearing value of the land, stability, Presence and depth of groundwater and consolidation potential. encountered - - - Field and laboratory soil analysis of Analysis and recommendations ap- the material proposed for the fill, in- propriate to the project, consistent cluding its source and expansive with these guidelines. quality and statement as to its suit- At least one boring should extend ability. The analysis shall also to the anticipated excavation depth. specify the maximum density and optimum moisture content in accordance • Laboratory tests, which should include with ASTM D-1557 or an ap- the following, as appropriate: - Classification tests, using the Unified Soil Classification System. These 56 proved equal test. - Field and laboratory soil analysis of existing soil conditions in proposed Appendix G Soils Reports Drainage Plans - cut locations, including saturated include a tabulation of active faults, their strength, expansive qualities and distance from the site, their expected seis- bearing values. Sampling and test- micity (magnitude and recurrence interval), ing shall be sufficient to evaluate the and expected level of ground shaking (peak stability of cut slopes, and should accelerations) at the site. Hazards of ground include strength testing of saturated shaking, surface fault rupture, liquefaction, soil materials and evaluation of bed- and seismically induced land sliding shall be rock jointing and weathering pro- considered and addressed as applicable. Re- cesses. Quantitative stability analy- ports for public occupancy buildings should ses generally should be performed for analyze site period and ground response and any proposed slopes steeper than should provide design parameters. Critical 2:1. facilities may require a dynamic site re- Field and laborator y analysis of all sponse analysis. Recommendations shall be identified active and dormant land- made regarding building setback distances slides as well as significant bodies from nearby active faults and foundation of colluvium on and immediately and grading design required due to expected adjacent to the parcel. Sampling and seismic activity. testing shall be sufficient to evaluate saturated strength of materials, depth to slide surface, potential for future movement, and risks to proposed structures or roadways. The evaluation should include a numeri- • ommendations for grading and foundations as appropriate to the site, including: - Foundation type and capacity. - Short and long-term settlement potential, including expected magnitude cal slope stability analysis. • Groundwater levels and evaluation of any potential ground water condition that may affect soil strength, consolidation, or of settlement and time variation. - Appropriate laboratory analyses - lize or modify with additives either the natural site soils or the proposed fill materials. Lateral loads (passive, active, at rest) for current and proposed site conditions. - Slope stability. This should include site-specific specifications for any pro- and associated data to support any proposals to replace, rework, or blend or to stabi- Mitigation measures for expansive soils. slope stability. • Professional conclusions and rec- posed repairs. - Shrinkage or settlement of engineered fills. - The maximum acceptable stable slope The location of and effects of ac- inclinations for proposed cut and fill tive faults which may affect the proposed slopes, assuming adequate terracing , development. This analysis would normally drainage, and erosion control plant- • ing. 57 Appendix G Soils Reports Drainage Plans - • Surface and subsurface drainage nec- body or Department of Public Works may essar y to ensure long-term stability require an applicant to submit a drainage of cut slopes and bodies of fill. plan for other projects. A complete and detailed specifi- cation for clearing, grubbing, and all aspects of grading, including utility trench backfill and retaining wall backfill, with special emphasis on the depth of fill layers, benching into native materials, preparation of areas to receive fill, compaction methods, moisture content, frequency of field density tests, and minimum density to be obtained in the field as related to laboratory tests. • Engineering geology report. When required during Design Review, drainage plans should be submitted to the Planning Department together with other plans required for Design Review. The Department of Planning and Building transmits the drainage plan to the Department of Public Works for review. Site drainage will be different for every site. The drainage plan should demonstrate that the site is or will be adequately drained; if site runoff cannot be safely dispensed on site, then site runoff will be conveyed to the existing downstream drainage convey- An Engineering Geology Report, ance system or other safe points of release; when required by the Director, shall be based and the project will not adversely impact on adequate and necessary test borings and the site, roads and adjacent or downslope shall contain the following information: properties. • An adequate description of the geology of the site; Property owners are advised that there are liabilities related to altering site drain- • Conclusions and recommendations re- age. In general, each property must accept garding the effect of geologic condi- the waters from upstream and transmit it tions on the proposed development; downstream without concentrating, altering • Opinions and recommendations included in the report. or diverting it from its natural path. The City can assist with review of site drainage, but riparian rights area a civil matter between property owners. Only modifications to established watercourses require permits, DRAINAGE PLANS but all drainage related work, including roof In order to minimize property damage and property owners. Applicants are encouraged to protect the public, the City of Mill Valley may require that drainage plans be submitted for review and approval. Drainage plans are required to be submitted during the Design Review process for any new home. The Planning Department, hearing 58 drains, may create a legal issue between to seek legal advice when considering any work that may lead to drainage alterations. Final drainage improvements shall be prepared by a Civil Engineer, and reviewed and approved by the City Engineer prior to issuance of a Building Permit. Drainage Appendix G Soils Reports Drainage Plans rate patterns. improvements shall be designed and installed in conformance with the recommen- • dation of the soils evaluation. Building designs should not degrade rainwater or run-off, inhibit General Drainage Plan Guidelines groundwater absorption and un- Drainage should conform to cur- derground flow, or accelerate or rent storm water discharge prac- otherwise concentrate any re-di- tices in Marin County. rected flows. • • • Existing natural drainage systems Checklist for Drainage Plan should be utilized as much as pos- All of the following information must sible, recognizing the erosion po- be submitted unless the Public Works De- tential from increased stor m partment finds any item or items unneces- drainage. sary. The drainage plan, prepared and signed To the greatest extent possible, im- by a California registered civil engineer, shall pervious surfaces should be mini- show: mized and mitigated. • • tal and vertical scales (no smaller Concentrated water caused by im- than one (1) inch equals twenty provements should be dissipated (20) feet), elevations referenced to for natural percolation or directed an established point, date and name toward a street or storm drainage of preparer. facility. • Stormwater facilities should be de- • feet of site boundaries and loca- from cut faces or sloping areas of tion of existing and proposed recent excavation. berms, are encouraged where practical to limit the volume and rate of stormwater runoff. • Changes in hydrology and site drainage should be minimized within the dripline of significant or designated protected trees. • streets, driveways and easements Flow retarding devices, such as detention ponds and re-charge Location of existing and proposed buildings on site and within 100 signed to divert surface water away • North arrow, equivalent horizon- on site. • Topographic information, such as existing and proposed ground elevations or labeled contour lines, particularly as they pertain to the existing and proposed pathways of runoff. Any unusual conditions within the affected drainage courseway (such as evidence of Buildings, particularly in hillside lo- erosion or flooding) must be noted. cations, should be designed to mini- Present (existing grade) and pro- mize impact on or alteration to posed (finished grade) contours at natural drainage and absorption one-foot intervals where slopes 59 Appendix G Soils Reports Drainage Plans • under 5%, two-foot inter vals to be peer-reviewed at the applicant’s ex- where the slopes are over 5% but pense. under 25%, and 5 foot intervals provide a Hydraulic Report prepared by where slopes are 25% or more with a civil engineer to estimate existing and in- an accuracy of at least 90% within creased runoff resulting from the project. 2 feet. This report shall include the following: Profiles and cross-sections suffi- • • provements to existing and pro- • posed contours. • Watercourse capacity, Locations, size and varieties of all • Drainage rate quantities (existing drainage improvements are proposed. Specific drainage features, such as and proposed), • Culvert design calculations, and; • Runoff calculations to determine increased flow from impervious existing and proposed curbs, natural drainage channels, creeks, ditches, swales, ponds, rain gutters, surface areas. • ties and existing drainage facilities and pipe systems, french drains, driveway culverts, modate drainage from roofs and other new impervious areas such as driveways, walkways and patios, away from structures and to safe points of release. Use arrows to depict pathways of runoff. Detailed plans for any proposed drainage structures. • Clear indication of where the stormwater runoff will go when it leaves the site. In some cases the Public Works Department will request a more detailed drainage analysis or will require the drainage plan 60 and systems. energ y dissipators, etc. that will accom- An evaluation of the effects of projected runoff on adjacent proper- splash blocks, storm drain inlets • Hydraulic grade line to creek, (where appropriate) trees and their drip lines where • Determination of watershed area containing proposed development, cient to show the relationship of existing and proposed drainage im- The applicant may be required to • Necessary mitigation from any increased flow. Appendix H Erosion Control Appendix H Erosion Control cations for both temporary and perAll construction plans and applications for manent erosion and sediment con- building permits shall consider the potential trol measures which may include for erosion and sedimentation at the construc- sediment retention basins, temporary tion site, and shall include appropriate ero- seeding, mulching or straw matting. sion and sedimentation controls. Appropriate controls shall be determined in accordance with the guidance provided in the “Standards for Erosion and Sedimentation The following information may also be required: • runoff calculations. Control” and the “Erosion and Sedimentation Control Handbook” published by the Supporting calculations, including • A cost estimate for implementing Association of Bay Area Governments and maintaining the erosion control (ABAG) and may include site planning con- measures. siderations, construction staging and timing, • A signed statement by the soils en- and installation of temporary detention ponds gineer that proposed erosion control or other treatment facilities. measures are equal to, or more ef- The Planning Department, hearing body fective than, the Association of Bay or Department of Public Works may require Area Government (ABAG) stan- an applicant to submit an erosion control plan dards. for review and approval by the Department The applicant is responsible for maintain- of Public Works. Erosion control plans may ing erosion control measures to the satisfac- be required during Design Review but are tion of the Department of Public Works at typically required to be submitted for review all times. To guarantee conformance to re- and approval prior to issuance of a building quirements, bonding and/or cash deposits or grading permit. may be required. Erosion control plans should include: • A narrative description of the proposed work and erosion problem areas. • A plan that demonstrates protection of disturbed soil from rain and surface runoff and demonstrates sediment controls as a “back-up” system. • The plan shall include descriptions and design and installation specifi61 Blank 62 Appendix I Story Poles Appendix I Story Poles Purpose To provide the decision-makers and neighbors with a visual tool to evaluate the proposed construction. Requirement Install story poles or site staking to show the elevations and silhouette of the proposed building, or addition to an existing building. Modify the story poles as the project plans are modified. Netting or bright colored tape must be erected to represent the roofline of the proposed structure or addition. This netting or tape must be strong enough to accurately maintain the outline and height. Decks, entries and other similar features must be shown if staff believes they have the potential to impact neighboring properties. Story poles at deck locations shall extend to the top of railings. Timing Story poles should be installed 7 days prior to the hearing in order to permit Staff to review the poles prior to completing the Staff Report. Story poles must remain in place until the Submit: A site plan showing the dimen- sioned location of the story poles in relation to lot lines and the development project, as well as the height of each pole and the ridge elevations silhouetted. A Story Pole Certification (on re- verse) signed by a licensed surveyor, certifying that the poles located on the site were surveyed and found to be in conformance with the project plans and story pole site plan. (Other qualified professionals, such as an architect, may certify the location of the story poles if such measurement is made from a point that can easily be verified in the field, such as the finished floor of an existing structure.) Exceptions/Compliance The Director of Planning and Building may grant exceptions to this policy based on unusual circumstances provided that the purposes of this policy are not impaired. The Zoning Administrator, Planning Commission or City Council may determine that failure to comply with these requirements is grounds to continue a public hearing to allow the story poles to be installed. later of: (1) The expiration of any appeal period to the City Council; or (2) The final determination on an appeal by the City Council. Removal The story poles shall be removed within 10 days after the applicable date above. 63 Appendix I Story Poles 64 Appendix J Heritage Trees Appendix J Heritage Trees • Madrone (Arbutus mensiesii) The City of Mill Valley recognizes that trees 75 inch circumference (approxi- have special community value and contrib- mately 24 inch diameter) ute to the character and scenic beauty of the City. In addition, trees decrease the risk of erosion, provide wildlife habitat and increase privacy for residents. During Design Review, the City seeks to protect and preserve significant trees and existing vegetation. The intent of the City’s guidelines and ordinances is to protect trees and permit tree removal only when absolutely necessary. The City requires applicants to submit a landscape plan and requires applicants to protect trees during construction. Heritage Trees No tree over 12 ½ inch circumference (approximately 4 inch diameter) may be cut or otherwise damaged or destroyed on any vacant site prior to Design Review approval. The City has a Heritage Tree Ordinance that specifically regulates removal of “Heritage Trees”. A Heritage Tree is a large oak, madrone or redwood. Trees with the following minimum dimensions are Heritage Trees (measurements are taken at “breast height”, 4-1/2 feet above the ground): • Tanbark Oak (Lithocarpus densiflorus) • Coast Redwood (Sequoia sempervirens) 95 inch circumference (approximately 30 inch diameter) Heritage Tree also includes any other tree that the City Council designates as a Heritage Tree because of its unusual size, age or other specific significance to the community. A Heritage Tree Removal Permit is required before any Heritage Tree may be removed. Tree removal includes complete removal of a tree or any action that would lead to its death or permanent damage to its health, including removal of more than 1/3 of its foliage in any 12-month period. If a Heritage Tree poses an immediate threat to the safety of persons or property, the Planning Director may waive the requirement for a Heritage Tree Removal Permit. Application Requirements Applications for Heritage Tree Removal Permits are available from the Planning Department. If the application is related to a Design Review application, the application for a Heritage Tree Removal 65 inch circumference (approximately Permit should be submitted and reviewed 20 inch diameter) at the same time as the Design Review ap- • Oak (Quercus Supp.) 75 inch circumference (approximately 24 inch diameter) plication. The application requests the location, species and circumference of the Heritage Trees and the reasons for their removal. If 65 Appendix J Heritage Trees the reason for the tree removal is (a) to protect the public health or Permits are not granted often. Even if safety due to a tree’s death or dis- findings may be made for approval, the ease, or City may deny a permit if any one of the (b) to enhance the health of the subject tree or adjacent trees, following findings is made: 1. Removal of a healthy heritage tree the applicant must also submit a sup- could be avoided by reasonable al- porting report prepared by a certified ar- ternatives such as trimming, prun- borist. An arborist may be selected and ing, thinning, or other reasonable retained by the City at the applicant’s ex- treatment. pense. If the applicant selects the arborist, 2 Revisions to a proposed project the City arborist will inspect the tree, re- would allow an owner to reason- view the arborist report, and make recom- ably develop and use the subject mendations regarding the tree removal to property without requiring re- Staff. moval of a healthy heritage tree. A public hearing is required for the 3. Adequate provisions for drainage, application. All property owners within 300 erosion control, land stability, feet of the site are notified of the hearing. avoiding adverse visual impacts Review of Application and windscreening have not been The City may grant a permit if the City made in situations where prob- can find that the tree removal is necessary lems are anticipated as a result of to accomplish any one or more of the fol- tree removal. lowing objectives: 1. 2. 3. 4. The City may approve the Heritage safety by reducing or eliminating Tree Removal Permit subject to conditions fire danger and other potential of approval, such as requiring a twenty-four hazards to persons or property. inch box size tree to be planted for each To prevent obstruction or inter- tree removed. ference with public utility facilities, After Approval sanitary sewer facilities, storm If the Heritage Tree Removal Permit drains, or water supply facilities, application is approved and no appeal is or watercourses. filed during the ten-day appeal period, the To ensure reasonable preserva- tree may be removed. To enhance the health of the subject tree or adjacent trees. 5. Conditions of Approval To protect the public health and tion of views and sunlight. To allow the owner to reasonably develop and use the subject property. 66 However, Heritage Tree Removal Appendix K Resource Directory Appendix K Resource Directory e-mail addresses for Mill Valley employees are [first name initial][last name]@cityofmillvalley.org (example: esemonian@cityofmillvalley.org) Police Department 415-389-4100 Bob Ritter, Chief of Police and Fire Angel Bernal, Police Captain Mill Valley Park & Recreation Planning Department 415-388-4242 415-388-4033 Rick Misuraca, Parks Superintendent 415-381-1736 (fax) Rory Anne Walsh, Director of Planning & Building George Schiefer, Associate Planner Elise Semonian, Associate Planner Julie McClure, Planning Aide Building Department 415-388-4033 415-381-1736 (fax) Mill Valley School District 411 Sycamore Avenue 415-389-7700 415-389-7773 (fax) www.mvschools.org Bay Area Air Quality Management District (BAAQMD) 939 Ellis Street San Francisco, CA 94109 Thomas Ahrens, Building Official 415-771-6000 Dan Martin, Building Inspector www.baaqmd.gov Public Works Department Marin Municipal Water District 415-388-4033 (MMWD) 415-383-0107 (fax) 200 Nellen Avenue, Corte Madera, CA Wayne Bush, Director of Public Works 94925 Cesar Jaime, Senior Civil Engineer 415-945-1455 Jill Barnes, Senior Civil Engineer www.marinwater.org Dick Dudak, Associate Engineer Patsy Dinkelspiel, Engineering Tech Kimberly Wilson, Public Works Aide State Department of Fish & Game 7329 Silverado Trail Napa, CA 94558 Fire Department Mail: P.O. Box 47, Yountville, CA 94599 415-389-4130 707-944-5500 Jeff Davidson, Fire Marshal 707-944-5563 (fax) www.dfg.ca.gov 67 Appendix K Resource Directory Marin County Stormwater Pollution Prevention Program (MCSTOPP) P. O. Box 4186 San Rafael, CA 94913-4186 415-499-6528 Fee Schedule, Planning Applications and Forms www.cityofmillvalley.org 415-499-7221 (fax) Public GIS program (parcel numbers, e-mail: mcstoppp@co.marin.ca.us create maps) http://mcstoppp.org/ http://www.marinmap.org www_mcstoppp_org.htm Parcel Maps San Francisco Bay Regional Water Qual- http://co.marin.ca.us/de pts/AR/ ity Control Board (Region 2) MapBook/index.asp 1515 Clay Street, Oakland, CA 94612 California Environmental Quality Act 510-622-2300 (CEQA) Information and Guidelines 510-622-2460 (fax) http://ceres.ca.gov/ceqa/ www.swrcb.ca.gov Mill Valley StreamKeepers PO Box 2531 Federal Emergency Management Act (FEMA) h t t p : / / w w w. f e m a . g o v / f i m a / Mill Valley, CA 94942 floodplain_resources.shtm 415-455-5818 California Department of Consumer Af- info@millvalleystreamkeepers.org fairs www.millvalleystreamkeepers.org (information on licensed architects, con- Marin County Department of Public tractors and engineers) Works http://www.dca.ca.gov/ 3501 Civic Center Drive, Room 304 Green Building San Rafael, CA 94903 County of Marin BEST 415-499-6528 http://www.co.marin.ca.us/depts/CD/ 415-499-3799 (fax) main/comdev/advance/BEST/ http://www.co.marin.ca.us/depts/PW/ index.cfm main/index.cfm Secretary of the Interior’s Standards Bay Conservation and Development for the Treatment of Historic Proper- Commission (BCDC) ties 50 California Street, Suite 2600 http://www2.cr.nps.gov/tps/standards/ San Francisco, CA 94111 index.htm 415-352-3600 415-352-3606 (fax) info@bcdc.ca.gov 68 Helpful Information Available on the Internet