HomeMy WebLinkAboutOrdinance 1561 (Slopes over 40% Lots)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and
Ex -officio Clerk of the Council of said City, do hereby certify that
the foregoing Charter Ordinance No. 1561 entitled:
" AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTIONS
15.34.010, 15.34.020 AND 15.34.030 OF THE SUBDIVISION
ORDINANCE TO PRECLUDE CREATION OF NEW LOTS FOR DEVELOPMENT
WHICH HAVE A PERCENT OF SLOPE OVER 40 %, AND TO ASSURE
ADEQUATE ON-SITE PARKING"
is a true and correct copy of an ordinance of said City and was
introduced at a REGULAR meeting of the City Council
of the City of San Rafael, held on the 3RD day of
APRIL , 19 89, published as required by City Charter in the
MARIN INDEPENDENT JOURNAL , a newspaper published in the City
of San Rafael and passed and adopted as an ordinance of said City at
a REGULAR
held on the 17th
vote, to wit:
meeting of the City Council of said City
day of APRIL , 1989, by the following
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILME03ERS: None
WITNESS my hand and the official seal
of the City of San Rafael this
18th day of April
1989.
JEAN.V kip LEONCIN City Clerk
ORDINANCE NO. 1561
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SECTIONS 15.34.010, 15.34.020 AND 15.34.030 OF
THE SUBDIVISION ORDINANCE TO PRECLUDE CREATION OF
NEW LOTS FOR DEVELOPMENT WHICH HAVE A PERCENT OF
SLOPE OVER 40$1 AND TO ASSURE ADEQUATE ON-SITE
PARKING
THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. Sections 15.34.010, 15.34.020 and 15.34.030
are amended as follows:
Chapter 15.34
REQUIREMENTS BY SLOPE
"15.34.010 Objectives. San Rafael General Plan goals and
policies seek to protect public health and safety by minimizing
hazards, including seismic and landslide risks, soil erosion, and
fire danger associated with development on steep and/or unstable
slopes. Additionally, plan policy encourages preservation of
natural hillside features. The requirements by slope are intended
to implement these objectives by requiring that lots in hillside
subdivisions realistically relate to natural topography of the land
so as to limit grading and retain much of the natural terrain.
Additionally, in the case of substandard streets, these provisions
seek to assure adequate emergency access by providing additional
onsite parking."
"15.34.020. Subdivisions on standard city streets.
(a) In addition to the zoning regulations effective in the
area, any lot hereafter created shall contain at least the minimum
lot width and area as related to its natural topographical slope as
set forth in the following table. Lot sizes may be required to be
larger where potentially hazardous conditions or special natural
features occur, or where development would be highly visible to the
neighborhood or community.
1 ORIGiftlAl
ORDINANCE NO.
jr,
Percent of Slope
0-10%
11%
12%
13%
14%
15%
16%
17%
18%
19%
20%
21%
22%
23%
24%
25%
26%
27%
28%
29%
30%
31%
32%
33%
34%
35%
36%
37%
38%
39%
40%
Over 40%
Average Lot Width
Lot Area in Square Feet
(as determined by
the Zoning Ordinance)
62'
5,500
64'
6,000
66'
6,500
68'
7,000
70'
7,500
72'
8,000
74'
8,500
76'
9,000
78'
9,500
80'
10,000
82'
10,500
84'
11,000
86'
11,500
88'
12,000
90'
12,500
92'
13,000
94'
13,500
96'
14,000
98'
14,500
100'
15,000
105'
15,500
110'
16,000
120'
16,500
130'
17,000
140'
17,500
150'
18,000
160'
18,500
170'
19,000
180'
19,500
190'
20,000
190'
1 acre
(b) Any lot in a small or large subdivision created for
the purposes of development where the percent of slope is over 25%
shall be reviewed on a case-by-case basis by the Design Review Board
and Planning Commission to assure that such lots and the subdivision
design complies with the following General Plan criteria:
1) Subdivision grading to be minimized.
2) Avoids highly visible hillsides.
3) Preserves hillsides as visual backdrop.
4) Steep slopes to be avoided.
5) Clustering of development to be utilized to
minimize visual impacts.
avoided.
6) Tree preservation is maximized.
7) Minimizes removal of natural vegetation.
8) More hazardous/unstable portions of site are
9) Mitigates geotechnical site constraints or
conditions when needed.
10) Buildings achieve hillside design quality.
11) Preserves or protects unique or special natural
features of the site, such as rock outcroppings, mature vegetation,
landforms, creeks, drainage courses, hilltops or ridgelines.
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ORDINANCE NO. 15F-
12) Geotechnical Review consistent with the
Geotechnical Review Matrix shall be conducted prior to tentative or
parcel map approval.
(c) The percent of slope shall be computed before grading
and shall be measured along a line passing through the center of the
lot or the building site between lot lines and perpendicular to the
natural contours.
(d) Where a reasonable and realistic access to an adequate
building site can be demonstrated, a lot with lesser width and area
than required by the percent of slope may be allowed, provided that
no lot shall be less than the minimum required by the Zoning
Ordinance.
(e) Downhill lots may be reduced in area by not more than
ten percent in area allowed by the table, provided that no lot shall
be less than the minimum required by the Zoning Ordinance.
15.34.030 Subdivisions on substandard city streets and
all private streets.
(a) In the subdivision of lots on existing substandard
city streets, in addition to zoning requirements and the
requirements in 15.34.020 above, the following regulations shall
apply to the subdivision of lots on existing substandard city
streets and all private streets.
(1) Each lot created shall have a driveway, the grade
of which shall not exceed eighteen percent, with adequate provision
for ingress and egress.
(2) Said driveway shall relate to and terminate at a
parking area sufficient to accommodate no less than four
automobiles, except for condominium projects which shall meet
condominium parking standard. Said parking area shall be located
behind the required front setback line.
(3) Additionally, no private street leading to
driveways shall exceed an eighteen percent grade.
DIVISION 2. If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be invalid,
such holding or holdings shall not affect the validity of the
remaining portions of the ordinance. The Council declares that it
would have passed this ordinance and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that
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ORDINANCE NO. 15ril_
any one or more s -.-tions, subsections, senten-es, clauses or phrases
be declared invalid.
DIVISION 3. This ordinance is for the preservation of the
public health, safety and welfare in that the San Rafael General
Plan goals and policies seek to protect public health and safety by
minimizing hazards, including seismic and landscape risks, soil
erosion, and fire danger associated with development on very steep
and/or unstable slopes. Additionally, plan policy encourages
preservation of natural hillside features. The proposed slope
ordinance revisions are intended to implement these objectives.
Additionally, in the case of substandard streets, these provisions
seek to assure adequate emergency access by providing additional
onsite parking.
DIVISION 4. This ordinance shall be effective for one
year or until May 17, 1990, and shall be null and void after that
date unless extended for a period not to exceed one additional year
or until May 17, 1991.
DIVISION 5. This ordinance shall be published once in
full before its final passage, in a newspaper of general
circulation, published and circulated in said City, and shall be in
full force and effect thirty (30) days after its passage.
Z' V4
q
<'—LAWRENCE
-
AWRENCE E. MULRYAN, Mayor
Attest:
JEN--R-M. LEONCIATI, City Cierk
The foregoing Ordinance No. 156.1 was read and introduced
at a regular meeting of the City Council of the City of San Rafael
held on the 3rd day of APRIL , 1989, and ordered passed to
print by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
and will come up for adoption as an Ordinance of the City of San
Rafael at a regular meeting of the Council to be held on the 17th
day of APRIL , 1989.
4
JE E LEONCIN , City Clerk
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