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HomeMy WebLinkAboutOrdinance 1393 (Dole-San Marino Court-mmwd Properties)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. 1393 entitled: AN ORDINANCE OF THE CITY OF SAN RAFAEL PREZONING CERTAIN REAL PROPERTY FROM THE COUNTY OF MARIN ZONE RSP -4.0 (RESIDENTIAL SINGLE FAMILY PLANNED DISTRICT, 4 UNITS PER ACRE) TO A P -D (PLANNED DEVELOPMENT) DISTRICT, AND OTHER CERTAIN REAL PROPERTY FROM THE COUNTY OF MARIN ZONE A2 -B2 (LIMITED AGRICULTURE, 10,000 SQUARE FOOT MINIMUM LOT SIZE) TO R1 -B2 (.RESIDENTIAL SINGLE FAMILY, 10,000 SQUARE FOOT MINIMUM LOT SIZE) DISTRICT (.Dole/San Marino Court/MMWD Properties) 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 fourth day of Mav , 19 81 published as required by City Charter in. the Independent -Journal , a newspaper published in the City of San Rafael and passed and adopted as an ordinance of said City at a revular meeting of the City Council of said City held on the eiEhteenth day of Mav 1981, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen & Nixon 1 11 WITNESS my hand and the official seal of the City of San Rafael this twentv-first day of Mav , 1981 . JE�MLEOANj, "ity Clerk ORDINANCE NO. 1393 AN ORDINANCE OF THE CITY OF SAN RAFAEL PREZONING CERTAIN REAL PROPERTY FROM THE COUNTY OF MARIN ZONE RSP -4.0 (RESIDENTIAL SINGLE FAMILY PLANNED DISTRICT, 4 UNITS PER ACRE) TO A P -D (PLANNED DEVELOPMENT) DISTRICT, AND OTHER CERTAIN REAL PROPERTY FROM THE COUNTY OF MARIN ZONE A2 -B2 (LIMITED AGRICULTURE, 10,000 SQUARE FOOT MINIMUM LOT SIZE) TO R1 -B2 (RESIDENTIAL SINGLE FAMILY, 10,000 SQUARE FOOT MINIMUM LOT SIZE) DISTRICT (Dole/San Marino Court/MMWD Properties) THE COUNCIL OF THE CITY OF SAN RAFAEL DOES 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 Municipal Code is amended by prezoning the following described real property from the County of Marin RSP -4.0 (Residential Single Family Planned District, 4 Units Per Acre) to City P -D (Planned Development) District. Said property known as the Dole property, containing approximately 27 acres so prezoned is located east of Point San Pedro Road and west of McNear's Beach County Park and shown as County Assessor's Parcels 184-030-06, 07, 08, & 10. (Also included is Marin Municipal Water District Parcel 184-030-15.) DIVISION 2. Any development of the Dole property shall be subject to the Master Plan and conditions approved in conjunction with this action and labeled as PreZ81-5. The conditions, marked as "Exhibit I" (attached hereto) are made a part hereof by reference. DIVISION 3. The Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code is further amended by prezoning the following real properties from the County of Marin A2 -B2 (Limited Agriculture, 10,000 Minimum Lot Size) District to City R1 -B2 (Residential Single Family, 10,000 Square Foot Minimum Lot Size) District. Said properties so prezoned are located east of Point San Pedro Road and around San Marino Court, and shown as County Assessor's Parcels 184-121-01 thru 07. DIVISION 4. This zoning shall become effective in accord- ance with Section 65859 of the Government Code of the State of California. 0 -191--IVEIT I N A L - 1 - DIVISION 5. The City Council of the City of San Rafael does hereby find that this Ordinance is necessary for the pro- tection of the public health, safety, and welfare of the population of San Rafael for the following reasons: The General Plan of the City of San Rafael, specifically Basic Policy No. 9, and further Section 4., Policies 8. through 11., requires that Neighborhood Plans for all of the neighborhoods within the City of San Rafael shall be developed, formulated, and adopted. The Peacock Gap Neighborhood Plan, adopted December 15, 1980, was formulated to address growth and development of the Peacock Gap Neighborhood. Said Plan addresses the area constraints for development and, in treating the major developable parcels, provides precise and detailed development standards. The environmental impact report for the Peacock Gap Neighborhood Plan, certified December 15, 1980, further identified those environmental problems which must be mitigated to vitiate or eliminate impacts of development. Densities for the specific parcels were projected in ranges with maximum densities imposed to directly correlate with the developmental constraints. Maximum density ceilings were incor- porated as a necessary and integral component of the Peacock Gap Neighborhood Plan so that development would not exceed the capacity of streets, intersections, sewer treatment, air quality, soils, visual and scenic amenities and other limitations. These legislative findings further incorporate, by reference, all relevant facts, findings, and data within both Peacock Gap Neighborhood Plan and its environmental impact report relating to density and development standards for the undeveloped property within the Peacock Gap neighborhood. These findings are not intended by the City Council of the City of San Rafael to constitute an admission that this Ordinance directly limits by number, building lots or permits, but shall pro- vide a justification for this Ordinance if challenged and in the event Evidence Code Section 669.5 is invoked. - 2 - DIVISION 6. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sub- sections, sentences, clauses or phrases be declared invalid. DIVISION 7. 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. :!���""�-�_ LAWRENCE E. M L AN, Mayor Attest: J NE M. LEONCINT, City ^Clerk The foregoing Ordinance No. 1393 was read and intro- duced at a regular meeting of the City Council of the City of San Rafael, held on the 4th day of May , 1981, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen & Nixon 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 eighteenth day of May , 1981. 23 B/27 ANNE M. LEORCINI, City erk - 3 - EXHIBIT I Master Plan Conditions for the Dole Planned Development District (PreZ81-5) A. Exhibits 1. Land Use and Density This 26.9 acre parcel shall be developed with from 12 to 27 single family detached units. All develop- ment standards from the December 15, 1980 Peacock Gap Neighborhood Plan specified for the site shall be met for any development proposal. These standards are listed in B1 below. Development shall be con- tained within the envelope delineated on Map P2 (Exhibit Al) of the adopted Neighborhood Plan. How- ever, if development standards B1 a -h below cannot be met for a proposal within that envelope, only 12 dwelling units shall be allowed and they shall be located within the development envelope illustrated in Exhibit A2. Exhibits Al and A2 are somewhat schematic; thus a Subdivision Map which deviates slightly yet meets the goal objectives and text of the Peacock Gap Neighborhood Plan may be considered. B. General Conditions Applying to the Entire Site 1. Peacock Gap Neighborhood Plan Development Standards The following development standards from the Peacock Gap Neighborhood Plan are specifically added here as conditions of this P -D Zoning Master Plan. Page references below are located in the Peacock Gap Neigh- borhood Plan adopted by the City Council December 15, 1980. a. No development shall occur above the 125 foot ele- vation unless a water storage and delivery system can be provided which meets all require- ments of the San Rafael Fire Department and which is not visible from other neighborhood properties and roadways. (Page 27.) b. Tree removal shall be minimized so that the tree canopy which delineates the ridgeform remains con- tinuous as viewed from offsite to the west and east. (Page 27.) C. Because of the steep slopes and history of down- slope erosion problems at McNears Beach County Park, drainage systems shall be designed so that no downstream on or off-site adverse effects occur. (Page 27.) d. Detailed engineering plans for the realignment of Point San Pedro Road will be required to establish the exact location of the roadway access to the site. The most likely location is between Cantera Way and San Marino Court. The access point shall have sight distance satisfactory to the City Traffic Engineer. A main access point north of San Marino or off Cantera Way should be considered only if a safe access point cannot be located between Cantera Way and San Marino Court. The effect of headlights on existing residents shall be considered and mitigated, if necessary, when location of the access roadway is determined. (Page 27.) e. New residences in the southwest portion of the site shall be located and designed so as to be screened by the eucalyptus trees along Cantera Way and the ridge shoulder which trends northeast - southwest. (Page 27.) f. New residences shall be located and designed so as to be screened from views toward the site from existing homes on San Marino Court. (Page 27.) g. Environmental design review shall be required for all new residences and accessory structures. (Page 27.) h. Landscape materials shall be similar to those naturally occurring on the site. Introduction of non -indigenous landscape materials in the existing grassland areas will be discouraged. (Page 27.) i. The developer shall contribute proportionally with the other developable parcels (numbers 2, 3, 5, 6 & 7) defined in the Peacock Gap Neighborhood Plan to improvement of the two lane segment of Point San Pedro Road between Riviera and Biscayne Drives to major arterial standards at the time of develop- ment of Parcels 2 or 3, whichever occurs first. (Page 13.) j. Point San Pedro Road shall be improved up to and including the frontage of the Dole parcel when it is developed. (Page 13.) Improvements to Point San Pedro Road shall be designed to protect the roadway from flooding. (Page 19.) k. The developer shall contribute an amount determined by the City Engineer for out -of -neighborhood Point San Pedro Road improvements. (Page 14.) 1. Revegetation of existing damaged slopes is re- quired. (Page 16.) - 2 - M. The developer shall contribute a proportionate share of the $700,000 park development fund described in the Peacock Gap Neighborhood Plan. (Page 17.) n. All applications for development shall include a Level C site investigation as defined in Table 2 of the San Rafael General Plan. The San Rafael Geotechnical Review Board shall determine that submitted investigations are adequate. The Board shall further recommend which specific mitigation measures are necessary to ensure that the public is not exposed to unnecessary risk if proposed develop- ment is approved. (Page 18.) o. Grading shall be only that absolutely necessary for proposed development and repair of significant geologic hazards. Erosion controls including provisions for revegetation and soil rehabilitation shall be required for all new development. (Page 18.) p. Prior to approval of any development which may drain into the marsh on Parcel 8, a detailed evaluation of biotic impacts and hydrologic alter- natives shall be submitted. Long term biotic productivity of the marsh shall be protected by any drainage improvements approved by the City or other agencies. (Page 19.) q. New development shall conform to Title 18 of the San Rafael Municipal Code pertaining to "Protec- tion of Flood Hazard Areas". (Page 19.) r. New development shall be served by on-site storm drainage systems with capacity for 25 year storm flows. Systems shall be sized and graded to prevent mosquito breeding areas. (Page 19.) s. Grading activities should be limited to the dry season, April through October. Siltation controls shall be required during grading. Immediately after grading, reseeding/planting shall be provided for erosion control. Project specific erosion control measures shall be determined at the time of project approval. (Page 19.) t. Water line and fire hydrant fire flows shall be to the satisfaction of the San Rafael Fire Department. U. All future cul-de-sacs shall have minimum 80 -foot diameter turnarounds. Alternative designs which provide equivalent turnaround capability may be approved in hillside areas. (Page 20.) - 3 - r V. Buffer areas composed of fire breaks and/or fire retardant landscaping shall be provided between development and large open space areas. Maintenance responsibility for these areas shall be determined at the time of project approval. (Page 20.) W. Archeological surveys shall be required as part of any major development application within the neighborhood boundaries. (Page 20.) X. Known archeological resources shall be protected to the maximum extent feasible. (Page 21.) y. Should an archeological site be uncovered during any phase of construction, all activity shall be halted. After timely examination by a qualified archeologist and consultation with the American Indian Council of Marin, work may resume if appro- priate mitigation measures have been taken. (Page 22.) Z. Careful siting and building design are required to minimize noise impacts for any units near Point San Pedro Road or Cantera Way. (Page 26.) aa. Covenants, conditions and restrictions (CC&R's) proposed for new development shall be reviewed by the Planning Commission for general consistency with CC&R's of existing development. (Page 35.) bb. Uses Permitted (page 35) include: 1. Single family dwellings. 2. Accessory buildings only if constructed simul- taneously with or subsequent to the main building on the same lot. 3. Home occupations which comply with the pro- visions of Chapter 14.74, except as otherwise restricted herein. CC. Buildings. (Page 35.) 1. Only one building designed or used as a resi- dence for one family shall be erected, located or maintained on any one lot, regardless of lot size, unless specifically approved by the Planning Commission or City Council to imple- ment housing policies of the Peacock Gap Neighborhood Plan. - 4 - 2. An accessory building may be erected and main- tained on the same lot as a single family dwelling house. The accessory structure may contain separate rooms for living quarters for servants or domestic employees, but may not contain a kitchen. dd. Building Height Limits. (Page 35.) 1. For dwellings, a maximum of two stories (30 feet) in height above grade level. 2. The height of any dwelling house subject to Environmental Design Review may be limited to a height less than thirty (30) feet in the event that such a limitation shall be deemed necessary to implement policy of the Peacock Gap Neighborhood Plan. ee. Setbacks. (Page 36.) The following setback standards shall apply ex- cept where specifically exempted by the Planning Commission at the time of tentative map approval. At the time of any tentative map approvals, lots will be identified which require Environmental Design Review to ensure compliance with the goal, objectives and text of this Plan. 1. Front Setback - minimum required twenty-five (25) feet. At the time of tentative map ap- provals, determination shall be made to ensure adequate garage setbacks and staggering and variation of front setbacks. 2. Side Setbacks - minimum required ten (10) feet. 3. Rear Setbacks - minimum required twenty-five (25) feet. ff. Bicycle and pedestrian paths will be constructed along Point San Pedro Road as a condition of plan approval. (Page 31.) gg. Mitigation measures recommended in the County of Marin Dole/Sixty Trust Environmental Impact Report may be required at the project review stage. C. Requirement and Procedure for Development Plan Approval. 1. For any proposed use, the developer shall submit a detailed development plan as outlined in Section 14.15.050 of the City of San Rafael Zoning Ordinance which conforms to the conditions specified in Section B of this Ordinance. 2. Approval of development plan will require public hearings by the Planning Commission and City Council in accordance with City Code Section 14.92.030-050. - 5 - 3. The tentative Subdivision Map shall be approved con- currently with or subsequent to approval of the development plan. D. Environmental Clearance. An EIR for the Peacock Gap Neighborhood Plan has been com- pleted and was certified December 15, 1980, by the City Council. The proposed prezoning is in conformance with the Neighborhood Plan and this action is thus covered by the Peacock Gap Neighborhood Plan EIR certified by the City Council on December 15, 1980, per Resolution No. 6037.