HomeMy WebLinkAboutOrdinance 1448 (Civic Center North)I
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. 1448 entitled:
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE
CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020
OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO PREZONE CERTAIN
REAL PROPERTY FROM THE COUNTY OF MARIN ZONE BFC:4.36 (BAY FRONT CONSERV-
ATION, SINGLE FAMILY PLANNED RESIDENTIAL) DISTRICT TO P -D (PLANNED DEVELOP-
MENT) DISTRICT - Civic Center North
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 twenty-second day of
February , 1983, published as required by City Charter in the
Independent -Journal a newspaper published in the City
modified,
of San Rafael and /passed and adopted as an ordinance of said City at
a
regular meeting
of the
City Council
of
said City
held
on the twenty-firstday of
March
lg 83
_,
by
the following
vote, to wit:
AYES: COUNCILMEMBERS:Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
and republished as modified on Friday, March 25, 1983.
0
WITNESS my hand and the official seal
of the City of San Rafael this
twenty-eighth day of • March
1983.
JE �NILEAIN(f City Cleric
ORDINANCE NO. 1448
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE
ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA,
ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE
MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO
PREZONE CERTAIN REAL PROPERTY FROM THE COUNTY OF
MARIN ZONE BFC:RSP-4.36 (BAY FRONT CONSERVATION,
SINGLE FAMILY PLANNED RESIDENTIAL) DISTRICT TO P -D
(PLANNED DEVELOPMENT) DISTRICT
(Civic Center North)
THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. The Zoning Map of the City of San Rafael,
California, adopted by reference by Section 14.15.020 of the Muni-
cipal Code is amended by prezoning the following real property
from County of Marin Zone BFC:RSP-4.36 (Bay Front Conservation,
Single Family Planned Residential) District to the City P -D
(Planned Development) District. Said property so reclassified is
located on Civic Center Drive, San Rafael, County Assessor's
Parcels 179-270-10 and 180-121-30 and portion of 155-230-07,
said property more particularly described in Exhibit "A" attached.
DIVISION 2. Any development of this property shall be
subject to the conditions outlined in Exhibit "B" which is attached
hereto and made a part hereof.
DIVISION 3. This Ordinance shall be published once in full
before its final passage in a newspaper of general circulation,
published and circulated in the City of San Rafael, and shall be in
full force and effect thirty (30) days after its final passage.
Attest:
LAWRENCE E. MULRYAN, Mayor
J n . LEONCINI, City Clerk
NAL
ORDINANCE NO. 1448
The foregoing Ordinance No. 1448 was read and intro-
duced at a regular meeting of the City Council of the City of
San Rafael, held on the 22nd day of February , 1983, and
ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen &
Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
and came up for adoption as an Ordinance of the City of San Rafael
at a regular meeting of the Council held on the 21st day of
March , 1983.
NEEM. LEON -IN , City 1erk
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EXHIBIT "A"
Property Description
That 20 acre, more or less, portion of the 90 acre, more or less,
lands of First National State Bank of New Jersey, described below,
which is within the unincorporated jurisdiction of the County of
Marin.
Description of lands of First National State Bank of New Jersey:
Beginning at the point of intersection of the southeasterly
line of the Northwestern Pacific Railroad right-of-way with the
northeasterly line of Civic Center Drive as said lines are shown on
the Record of Survey Map recorded October 5th, 1972, in Book 1 of
Surveys, page 40, Marin County Records, thence along said northeasterly
line of said railroad right-of-way, the following courses and dis-
tances: North 400 35' 10" East 1952.61 feet to a point; thence along
a long cord North 40° 14' 06" East 90.79 feet; thence along a curve
to the left having a radius of 2914.93 feet with a central angle of
180 56' 46" and an arc distance of 963.89 feet to a point; thence
along a long cord North 201 11' 26" East 90.79 feet to a point;
thence North 190 50' 24" East 524.77 feet to a point; thence leaving
said northeasterly line of the Northwestern Pacific Railroad right-
of-way along a line having a bearing of North 890 50' 03" East and a
distance of 972.36 feet to a point on the westerly line of the South
Fork of Gallinas Creek as shown on said Record of Survey Map, said
point identified as S.M.&T.L. 46 on Allardt's Line; thence along
said westerly line the following courses and distances: South
430 25' 51" East 672.44 feet; thence South 620 391 57" East 164.01
feet; thence South 380 39' 57" East 118.38 feet; thence South 91 20'
03" West 241.38 feet; thence South 180 50' 03" West 223.53 feet;
thence South 241 39' 57" East 334.63 feet; thence South 44° 50' 03"
West 37.70 feet; thence South 710 201 03" West 296.27 feet; thence
South 470 50' 03" West 205.67 feet; thence South 530 50' 03" West
190.46 feet; thence South 10 45' 42" East 60.35 feet to a point;
=W
thence leaving said westerly line of the South Fork of Gallinas
Creek, along a line having a bearing of South 790 34' 18" West and a
distance of 111.26 feet; thence North 80° 39' 03" West 66.25 feet;
thence North 490 29' 18" East 18.64 feet; thence North 730 34' 32"
West 491.44 feet; thence along a curve to the left having a radius of
585 feet, a central angle of 45° 21' 10" and an arc distance of
463.06 feet; thence along a line having a bearing of South 611 04'
18" West and a distance of 941.74 feet; thence South 58° 33' 18"
West 586.40 feet; thence South 390 091 18" West 43.66 feet; thence
South 270 55' 21" West 794.64 feet; thence South 890 55' 21" West
20.76 feet to a point on the northeasterly line of Civic Center
Drive; thence along said northeasterly line on a curve to the right
having a radius of 550 feet, a central angle of 261 36' 27" and an
arc distance of 255.41 feet; thence continuing along said northeasterly
line North 340 37' 11" West 139.17 feet to the Point of Beginning.
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EXHIBIT "B"
Conditions of Approval for P -D Zenine
T::e raster plan and P -D develop-;ent plan dated Novecber 3, 1981 are approved
subject to the fol 1 ocvi ng specific recui ; e -;eats and adjustments
(e) A use pemit is required for the developiment, and environnental and design
review perms its shall be required for each phase (restaurant, motel, offices
and residential sections).
Uti 1 i ties:
(b) all electric utility lines shall be underground.
Grad•1nc/Soils:
(0 The height. of the perimeter levee shall be subject to review and approval
of the City's Geotechnic Review Board to ensure that the levee is high
enough to contain wrave run-up from a tsunami. At a minimum, the levee
shall have a finished height of 9 feet MSL Datura after 30 years of
s e t t 1 e -en It
(d) Exterior levee slopes around the residential devzloprant shall provide a
12--foot-Nide, all heather, maintenance road at elevation +7 MSL datum after
30 years of settle..:=nt. Exterior levee slopes shall be 6:1 slopes or
;latter except as approved by the Planning Director and City Engineer.
(e) The top of the levee shall be a ninimum 24 feet in width or graded at a
slope less than 10:1 'to the interior or the project.
(f) No grading except that necessary for installation of utilities or similar
necessary improvements shall be permitted on the exterior levee slopes
below elevation +3 mean sea level. Any installation grading below +3 mean
sea level 'shall be subject to review by the U.S. Corps of Army Engineers,
Planning Director, and Public Works Director.
(g) All building designs shall be subject to geotechnical review prior to
Environental & Design Review approval. Specific setbacks or other
engineering requir2nents nay be incorporated into the Environmental and
Design Review approval to minimize potential problems of lurching along
the creek and lake banks.
,(h) Roads:
Within 18 months of the approval of this rezoning or by July 1, 1984, the
applicant shall agree, in a form acceptable 'to the City Attorney, to pay
traffic mitigation fees to fund the necessary traffic improvements. The
mitigation fees shall not exceed $1,508,482 as adjusted by the Lee Saller
index to take into account construction cost changes since January 1981.
The fee is to be paid at the time the City Council determines the improve-
ments are necessary. Furthermore, the Northgate East (AP 180-120-38 & 44)
and the Civic Center Plaza CAP 180-120-34 & 35) projects must have
come- t .d to pay the traffic mitigation fees or some other vehicle must
be proposed to pay the traffic mitigation fees necessary to fund full
inproveMent of the 113nuel T. Freitas interchange/14ertydale overcrossing
(consistent with the Northgate Activity Center Plan) prior to issuance of
buildin permits for the subject property.
As subsequent permits are requested for develop.-ilent of this property, the
City ;gill review the timing for construction of these improvements to the
Manuel T. Freitas interchange/iMerrydale overcrossing. The issuance of
building permits will occur only after the City has determined that these
transportation improvements will be constructed in. a timely manner.
(i) The street right-of-way for the entry roadway shall be 80 feet -wide. The
street right-cf-way for the loop road shall be 60 feet wide. The street
right-of-way for the cul-de-sac shall be 50 feet wide.
(j) The final subdivision map shall include an offer to dedicate the right -
of -;gay needed to extend the arterial road to the 90 -acre site's northern
boundary. -The right -of -:ray shall be an 80 -foot -wide strip of land along
the northwestern boundary of the site. The right -of -;-:ay shall extend
from the proposed arterial to the southern boundary of the adjacent
parcel oared by the First National State Bank of New Jersey and occupied
by the Smith Ranch airport'..
(k) The final subdivision map shall include a reservation of an approximately
3 -acre area on the southernmost end of the Smith Ranch airport parcel.
This area is to be reserved for future use as a mitigation area to
compensate for extension of the arterial roadway across the south fork of
Las Gal 1 i nas Creek.
(1) Prior to the approval of the final subdivision map of the hotel parcel, the
applicant shall bond for the construction of a pedestrian and small motorized
cart bridge between the hotel and Marin Center Theater area. Construction of
this bridge shall be required concurrent with construction of the hotel. Prior
to the approval of a design review application for the hotel complex, the
decision will be made regarding whether to upgrade the bridge to a vehicular
structure, and County participation thereof.
(m) The final subdivision shall provide an easement for vehicular access
between the project entry road (Northbank Drive) and the rear parking lot
of Marin Center (Exhibit Building Parking lot). This easement shall be
subject to the review and approval of the City Engineer and Planning Director
after consultation with the County Public Works, Planning and Parks and
Recreation Directors.
Fencinq:
0 ) Fencing' shall be subject to dEsign review. A fence program shall be
included in the master Design Review application for each portion of the
site.
Open Space/Parks:
(o) Development of the one acre park site at the northernmost end of the property
shall be funded by the medium density residential area. This improvement
shall be bonded as a part of the final map approval for the condominium
subdivision of the medium density residential area or paid through park
improvement fees at the time building permits are requested for the medium
density phase of residential construction.
Land Uses:
(p) At the time of application for a use permit or environmental and design review
permit nor any phase of the project, analysis shall be undertaken to evaluate
effects on view corridors from Highway 101, Marin Center, the Civic Center,
McInnis Park, the Santa Venetia community and to assure compatibility of
structural design, mass, colors, and building placement with the Civic Center
and Marin Center.
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(q) Proposed land use areas are approximate and shall be subject' to slight
adjustments due to levee and street right-of-way requirements.
(r) The maxinun squari footage of office area shall be 110,000} gross floor area.
the floor area may be increased subject to Design Review approval and
Planning Comnission approval of an acceptable transportation systems
manzgem.ent program which will restrict trip generation during the P.M. peak
period to 300 trios.
(s) The density for the medium density residential area shall be 87 units.
Nigher density up to 125 dwelling units may be approved by the Commission at
the time of design review dependent on a detailed plan showing that there is
adequate landscaping, recreation, parking and dwelling areas within the
proposed project design consistent with City design standards.
(t) The development of the low density residential area shall be subject to
Environmental and Design Review. The proposed side yard setbacks of 10
feet per story shall apply to building clusters as shown in the P -D
development plan.
(u) At the time of application for use permit or design review for the residential
portion of the project, the applicant shall submit for Commission approval a
master plan for all proposed boat dock facilities along Las'Gallinas Creek.
Review of the dock master plan shall be coordinated with U. S. Army Corps of
Engineers, the County of Marin, and other responsible and trustee agencies.
The dock facilities are intended for use by the residents of the approximately
28 dwelling units on the easternmost portion of the site directly adjacent to
the south fork of the Las Gallinas Creek.
(v) The southernmost tier of homes adjacent to the Marin County Fairgrounds shall
be designed and constructed to maintain 45 decibels CNEL interior sound levels
during typical fairground activities. The medium density units next to the
Northwestern Pacific Railroad right-of-way shall be designed and constructed
to maintain acceptable interior sound levels assuming future mass transportation
use of the railroad right-of-way. Necessary detailed mitigation measures
regarding the interior sound levels for the medium density units shall be
determined at a later phase of permit approvals when the future use of the
railroad right-of-way will be known.
(w) Prior to recordation of a final subdivision map or issuance of building permits,
the applicant shall grant a noise and light easement in favor of the County over
portions of the site to protect the Marin County Fairgrounds use. This easement
shall be subject to approval of the City Attorney and City Planning Director
after consultation with the County staff and the applicant.
(x) Prior to recordation of a final subdivision map or issuance of building permits,
the applicant shall agree in a form acceptable to the City Attorney to annex
to Flood Control Zone 7. This annexation is to occur after the City and
County develop a Joint Powers Agreement outlining both agencies' intention to:
(1) expand the flood control zone to include all or part of the watershed of
the south fork of Las Gallinas Creek;
(2) make the zone responsible for maintenance of publicly dedicated drainage/
flood control facilities such as levees, pump stations, major culverts,
natural drainageways, etc.;
(3) make the zone share in the cost for periodic dredging of the south fork
of Las Gallinas Creek because dredging increases hydrologic capacity of
the Creek for non -navigational flood control purposes;
SIS
(4) develop a Sphere of Influence for the zone;
(5) impose requirements for annexation to the zone upon issuance of City or
County permits; and
(6) establish joint City -County priority setting procedure for adoption of
the zone budget and multi-year capital improvement program.
(y) Prior to approval of the final map for the project, the property owner shall
sign and record a covenant, binding themselves, their successors, assigns,
and grantees, restricting the use of the 116 acre airport parcel (AP 155-230-01
through 07) to those uses existing as of the date of tentative map approval
and the following permitted uses:
(1) Public utility uses as approved by the appropriate governmental agencies,
including flood control, sanitary sewer, gas and electric and public
safety facilities.
(2) Airport and airport related uses.
(3) Roadways.
(4) Open space.
(5) Private and public recreational uses. The covenant shall run with the
land and shall be enforceable by the County of Marin or the City of San
Rafael.
(6) Other related uses agreed to by the City, County, and property owner.
The following coedit►ons shall be considered in the granting of any use permits,
grading ppermits or tentative nap approvals:
1►filitie�
(1) Prior Lu any final subdivision rap approval, the applicant shall demmonstrate
that sewer service has been approved by the Las Gallinas Valley
Sanitary District and will be available to serve the property.
(2) Prior to any final subdivision map approval, the applicant shall submit a
letter from the lVarin l:unicipal l --later District stating that water service
is or will be available to serve the property and specifying exactly ha"I
Nater service is i l 1 be proz:i ded.
Soils/Erosion Control:
(3) The tentative Tap approval shall require submission of an erosion control
plan prior to final map appraval. The erosion plan shall be submitted for
review and approved by the Planning Director and City Engineer prior to the
final neap approval or issuance of an., grading permits. The plan shall
specify any wort necessary to r.e air existing erosion problems as well as
erosion caused by new construction Activity and subsc-quent development.
Specifically, the Flan shall provide or:
a regrading, see::ing, fertilizing ..:-.d mulching of all bare or eroded areas;
b; sedimentation barriers and rEter,-Liion devices to contain eroded materials/
sediment on the site; and
c) protection of drainage outlets with rip rap
(4) Prior to the issuance of any ,rading permits or tentative map approval, the
applicant shall submai t water circulation data for the review and approval
of the Planning Director. These data are to Evaluate :Mater quality in to
interior lagoons.
(5) Grading shall be limited to the dry season as much as possible.
MM
(o) Prior to the issuance of a grading t;: ;1;11 t, the applicant shall submit, in
a fore acceptable to the City Engineer, documentation of the pre -grading
section and depth of the channel and a control point. The applicant shall
post bonds to ensure that there is no significant sedimentation of the
channel as a result of the grading. U there is significant sedimentation,
the applicant shall be required .to do corrective grading.
(7) Prior to the approval of a grading permit or final map, the applicant shall
sul,mit a detailed soils report for review and approval by the City's
Geotechnical Review Board. The soils report shall be a Level "C" investi-
S;:tion as required on page 17 of the General Plan.
Circulation:
(a) i he applicant. shall o ► fer for Tedi ca tion an 8 -foot -wide bicycle path
paralleling the railroad right-of-way. The path is to extend from the
main project entry roQ-d°.-:zy to Smith Ranch Ro-ad.
(9) If the site is not annexed to Flood Control Zone 7, the CC&Rs shall
--,provide for the maintenance of the levee height by the residential develop-
ment protected by the levee. Should the homeowners association fail to
maintain the levee at an elevation of +9 HSL elevation, the City shall be
empowered to provide needed maintenance and place a lien against the
association to recover all costs.
(10) Prior to Design Review approval for the office development, the applicant
shall meet with the Marin County Parks and Recreation Director to discuss
the potential for the County to use the office parking lot to supplement
parking for Marin Center during peak periods.
(11) A study shall be conducted by a registered civil.engineer to determine the
siltation rate of the proposed interior lagoons and the frequency with %:hich
they will have to be dredged. Prior to approval of a final subdivision
map, responsibility shall be established for dredging of the lagoons as
well as for maintenance of the entire drainage and -water circulation
system_
(12) The developer shall be responsible for the installation of street lights
on the Civic Center Drive frontage. Type of light and manner of placement
shall be similar to existing lights fronting the Marin Center complex.
(13) The Gallinas Creek water way and remaining undeveloped marshlands shall
be dedicated to the public for acceptance by the County of Marin,
Marin County Open Space District and/or City. The dedication shall
reserve the exclusive right for the 28 homes on the easternmost edge of
the project to construct boat docks in the creek subject to the approved
master plan for boat docks. The exact boundaries of these parcels shall
be determined at the time of the final map preparation after consultation
with the County of Marin Cirectors of Planning,'Public Works and Parks &
Recreation. If this dedication includes the levee top and perimeter
levee road, appropriate maintenance easements shall' be provided for the
homeowners' association or Flood Control Zone 7, if annexed.
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