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HomeMy WebLinkAboutOrdinance 1255 (Zoning Map)CLERK'S CERTIFICATE 1, MARION A. GRADY, City Clerk of the City-pf San Rafael, and Ex -officio Clerk of the Council of said City do hereby certify that the foregoing Charter Ordinance Mo. 1255 entitled: An Ordinance Amending the Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the San Rafael Municipal Code of San Rafael so as to reclassify certain real property from P -C (Planned Community) District to P -D (Planned Development) District. 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 4th day of April 19 77 Published as re- quired by City Charter in the Independent Journal a newspaper printed and published in the City 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 18th day of April 19 77 by the following vote, to -wit: Ayes: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini Noes: Councilmen: None Absent: Councilman: None WITNESS my hand and the official seal of the C i tr f ,Si�,(tafael this .`�f� day of .�/ 19 7 -� U MARION A. GRADY, City Clerk --...-- - /I'LL' -•-----• BENE£ BUR13�S�J - Deputy City Clerk ORDINANCE NO. 1255 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE SAN RAFAEL MUNICIPAL CODE OF SAN RAFAEL SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -C (PLANNED COMMUNITY) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT THE CITY 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 to Section 14.15.020 of the Municipal Code is amended by reclassifying the following -described real property from P -C (Planned Community) District to P -D (Planned Development) District: Said entire property so reclassified is shown on the recorded subdivision map of "San Rafael Cayes Unit One" located at the end of Canal Street (presently) being called Spinnaker Point). DIVISION 2. Any development of the hereinabove property shall be subject to the conditions outlined in Exhibit "A" which is attached hereto and made a part hereof. DIVISION 3. This Ordinance shall be published once in passage Independent Journal full before its final assn e in the P a newspaper of general circulation, printed, published, and circulated in the City of San Rafael, and shall be in full force and effect at the time the City exercises its option to purchase the 59 acre parcel for the Marina development, but in any event not pmr to thirty (30) days after its final passage. Attest: MARION A. GRADY, City Clerk C. PAUL BETTINI , Mayor - 1 - The above and foregoing Ordinance No. 1255 was read and introduced at a regular meeting of the City Council of the City of San Rafael held on Monday the 4th day of April 1977, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan and Mayor Bettini NOES: COUNCILMEN: Miskimen, Nixon ABSENT: COUNCILMEN: None and will come up for adoption as an Ordinance of the Citv of San Rafael at a regular meeting of the Council to be held on the 18th day of Apri 1 1977. �-r '/',. �' . "0'7 MARION A. GRADY, City C&erk - 2 - EXHIBIT "A" Conditions which were included as part of the Zoning (Z75-13) action by the Plan- ning Commission on March 29, 1977: POLICE DEPARTMENT. (a) All townhouses be wired for a security alarm system at the time of construction and those with entry doors hidden from the street be hooked up onto this system prior to sales of the unit. (b) All doors, windows, locks, etc., comply to minimum security standards of the model Burglary Security Code, City of Oakland or its equivalent. (c) See condition (t) (1) . (d) If in the next five years (March 29, 1982), or before the final occupancy clearance for the last unit in the entire Spinnaker Point development is granted, whichever occurs later, security or trespass problems occur in the area of this zone change, so that the Planning Commission after a public hearing determines that physical improvements or changes are necessary, they shall be carried out by whoever is (are) the developer(s) at that time. Prior to the approval of a subdivision map applicant shall submit in a manner satisfactory to the City Attorney a technique legally enforceable by the City for the accomplishment of this purpose. FIRE DEPARTMENT (e) See condition (t)(1). PUBLIC WORKS DEPARTMENT (f) The existing storm drainage outfall facilities shall be modified as required by the City Engineer so that the necessary area required for maintenance of the system is granted to the City. (g) Surface treatment in the turnarounds at the endsof the cul-de-sac is subject to the approval of the City Engineer. (h) The existing levee shall be raised to final elevation after settlement of +10 MSL Datum. (i) The exact geometrics of the turnarounds that are off of Catalina Boulevard are subject to the approval of the City Engineer. PARKS AND RECREATION (n) Access between the Bahia Vista School site and the public open space under the P.G. & E. lines shall be provided by the developer if the School District approves. PLANNING DEPARTMENT (o) All driveways shall be a minimum 20 -feet from the edge of the sidewalk to the garage front. (p) All cul-de-sacs shall continue the parkway strip theme of Phase I. (q) Street light standard and street sign designs shall be worked out by the City staff and the developer for the final approval of the Planning Commission. (r) Water Conservation fixtures shall be installed in all units. (s) All structures in Phase II -V capable of having water views (the lagoon, Marina, or Bay) shall be designed and oriented to take maximum advantage of those views. (t) The site design shall be modified to provide greater views of the natural back- ground areas outside the site to the north, east, and south via the following changes: (1) Pedestrian access to the levee shall be provided in the 20 -foot drainage easement at the end of the cul-de-sac immediately east of Newport Way. Emergency vehicle and pedestrian access to the levee shall be provided at the end of the southeast cul-de-sac (in Phase V). If problems arise due to the provision of public access at either of these points, the Planning Commission will hold hearings to determine if one or the other should be closed. GEOTECHNICAL REVIEW BOARD (j) The surface layer of hydraulically placed sand beneath and adjacent to all structures shall be compacted to a relative density to be approved by the City Engineer prior to construction. (k) All structures shall maintain a minimum distance from the top of the lagoon bank. This has been preliminarily set at 50 -feet but may be decreased with the approval of the Geotechnical Review Board. All structures shall maintain a minimum distance of 25 -feet from the inside perimeter of the levee. (1) Residences shall be placed on shallow, but stiff jackable spread foundations such as waffle -type reinforced concrete slabs or a grid of reinforced concrete grade beams. (m) The eastern area of the site which will need to be filled prior to construction shall be filled before the final occupancy for any units is granted in Phase III. This area shall be monitored to determine the settlement pattern. PARKS AND RECREATION (n) Access between the Bahia Vista School site and the public open space under the P.G. & E. lines shall be provided by the developer if the School District approves. PLANNING DEPARTMENT (o) All driveways shall be a minimum 20 -feet from the edge of the sidewalk to the garage front. (p) All cul-de-sacs shall continue the parkway strip theme of Phase I. (q) Street light standard and street sign designs shall be worked out by the City staff and the developer for the final approval of the Planning Commission. (r) Water Conservation fixtures shall be installed in all units. (s) All structures in Phase II -V capable of having water views (the lagoon, Marina, or Bay) shall be designed and oriented to take maximum advantage of those views. (t) The site design shall be modified to provide greater views of the natural back- ground areas outside the site to the north, east, and south via the following changes: (1) Pedestrian access to the levee shall be provided in the 20 -foot drainage easement at the end of the cul-de-sac immediately east of Newport Way. Emergency vehicle and pedestrian access to the levee shall be provided at the end of the southeast cul-de-sac (in Phase V). If problems arise due to the provision of public access at either of these points, the Planning Commission will hold hearings to determine if one or the other should be closed. (2) Buildings and lot widths shall be modified to provide wider view spaces at the end of the cul-de-sacs. Their adequacy shall be reviewed under the Environmental and Design Review permit process for each Phase, per criteria noted in (t)(3)• (3) The site plan submitted for the Master Plan was diagramatic as to lots. As each phase of development is reviewed for Environmental and Design Review permits, the following criteria will be used: Are the spaces between the buildings so located as to be seen straight through from one of the two major streets? Does the size of space provide for an adequate view between the clusters? Will landscaping located in this area grow to a height to obstruct the view or enhance it? The applicant will be required to provide enlarged photos of the site and view areas with an elevation overlay of the buildings proposed. (4) The rear fence line of the houses adjacent to the levee shall be undulating, following the rear line of the housing clusters. (u) The applicant shall realign the southeastern corner of the 51te to provide adequate public access on the Marina levee. This shall be accomplished at such time as the Marina plan becomes firm enough to determine the amount of land necessary, and the realignment shall be to the satisfaction of both the appli- cant and the City. (v) Per the applicant's revision to the submitted plan, the former sales office and parking area in the north on Canal Street shall be deleted and replaced by the following: (w) (x) (Y) (z) (aa) -The easterly 40 -feet to be incorporated into the housing area to provide open space per (t)(2). -The remaining space shall be dedicated to the City in fee for a public park area and to provide pedestrian and bicycle access to the levee. This area shall be landscaped, provided with an irrigation system, pathway and picnic -view area by the applicant during the development of Phase I. The two areas shown as public open space areas shall be landscaped with drough- resistant plants and an emitter irrigation system. Landscape plans for these areas shall be submitted to and approved by the Planning Department prior to Environmental and Design Review approval of the adjacent units. Pedestrian and bikeway paths shall be Included in their design. The Covenants, Conditions and Restrictions which will bind the homeowners association and which will be submitted as part of the tentative subdivision map shall include the following: (1) A prohibition against the keeping of recreational vehicles, boats or trailers in the development. The P -D zone requires that provisions be made for the storage of these and the developer has chosen that owners do so off site. (2) A prohibition against rooftop TV aerials (only Cable TV or indoor aerials permitted) or other such rooftop appurtenances. (3) A provision whereby the monthly $29.50 association fee may be and should be raised due to inflation, for emergency purposes, for special projects, etc., to ensure adequate upkeep of the common areas. (4) Specifics as to when the homeowners take control of the association. (5) All structures shall maintain a minimum distance from the top of the lagoon bank. This has been preliminarily set at 50 -feet but may be decreased with the approval of the Geotechnical Review Board. All structures shall maintain a minimum distance of 25 -feet from the inside perimeter of the levee. (6) Criteria under which landscape berming will be permitted. (Geotechnical Review Board says dirt is heavy and even a small mound near a structure could cause differential settlement in this area.) (7) Responsibility for the maintenance of all tree lawn areas by the home- owners association. If the median strip in the north end of Newport Way or on any portion of Canal Street, is to be reduced or eliminated, any mature trees to be disturbed shall be relocated on site if upon examination of the tree(s), the City Landscape Architect determines this is feasible. If not feasible, they shall be replaced by a comparable tree approved by the City Landscape Architect. The applicant shall grant to the City the 45.5 acre water area north of the site in five phases concurrent with the five phases of development of the project. As per the applicant's offer, the Option Agreement between the City and the appli- cant for the purchase of the 59 acres to the South by the City shall be amended: 1) To extend the date by which the City may exercise its option from July 1, 1977 to October 30, 1977. 2) To extend the date by which the City shall have given its permit approvals from April 30, 1977 to June 30, 1977. 3) To work with the applicant with all diligence to obtain other necessary agency permits by July 30, 1977.