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Home My WebLink AboutCC Resolution 8055 (Lucas Ridge Estates)RESOLUTION NO. 8055 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF MEMORANDUM OF UNDERSTANDING RE LUCAS RIDGE ESTATES - REQUEST FOR WAIVER OF DUAL ANNEXATION POLICY WHEREAS, the City Council has granted "Priority Project" status to a proposal to prezone, subdivide and annex certain property known as the Daphne property to the City of San Rafael; and WHEREAS, the Marin County Board of Supervisors has requested that annexation of the Daphne property not be considered by the City unless a majority of Marinwood community residents vote to annex to the City; and WHEREAS, the City Council recognizes the valid concern of Marinwood residents that the Daphne property be developed as an integral part of their neighborhood; and WHEREAS, the attached Memorandum of Understanding has been negotiated by City and County representatives to develop agreement on the preservation of land for certain interchange improvements at the Lucas Valley/Smith Ranch/Highway 101 interchange, the collection of traffic mitigation fees, fire services, the timing of development, public improvements, and supporting General Plan amendments. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby authorizes the Mayor to sign the attached Memorandum of Understanding. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday , the Second day of October , 1989, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None /,,,:7 JEANNE M. LEO Cy e k U A 1 Attachment 1 MEMORANDUM OF UNDERSTANDING This is an agreement between the City of San Rafael ("City") and the County of Marin ("County") relating to a proposal to subdivide a parcel of property, Assessor's Parcel #164-270-03, known as the Daphne/Bacciocco ("Daphne") property, located within the City's Sphere of Influence. Recitals 1. The City has granted "priority project" status to a proposal to prezone, subdivide and annex the Daphne property to the City. By granting priority project status the City has reserved traffic capacity at the Lucas Valley/Smith Ranch/Highway 101 Interchange f or one year to allow the Daphne property owners to process zoning and subdivision applications to develop their property within the City. 2. Plans have been developed for the construction of a direct southbound Highway 101 off -ramp intersecting Lucas Valley Road at Los Gamos Road to improve traffic service to the North San Rafael area and the unincorporated Lucas Valley and Marinwood neighborhoods. Construction is scheduled to begin in 1993. Approximately ten (10) acres of the Daphne property will be needed to accommodate needed intersection improvements. 3. The County has requested that annexation of the Daphne property not be considered by the City unless a majority of Marinwood community residents votes to annex to the City. The County has also asked that the City refuse annexation of the Daphne property and refer applications to develop the property to the County for formal consideration. 4. The City recognizes the valid concern of Marinwood residents that the Daphne property be developed as an integral part of their neighborhood. Portions of the Daphne property have open space value to Marinwood residents, and the property could be conveniently served by the Marinwood Community Services District and the Marinwood Fire Protection District and the Marinwood Fire Protection District. 5. The City's General Plan Policy LU -5 provides that "prior to urban development, areas which can reasonably be served through extension of the existing urban service area of the City should be annexed." The Daphne property is listed as subject to this Policy. General Plan Policy LU -6 states that annexation of developed portions of the adjacent Marinwood neighborhood should be dependent on resident interest. AGREEMENT 1. Lucas Valley/101 Interchange Improvements The County agrees that construction of the new Lucas Valley Road off -ramp is needed and should be initiated at the earliest possible date. The County agrees to cooperate and work with the City to facilitate transfer to the City and/or County of that portion of the Daphne property needed for construction of the off -ramp. The County agrees that any land use approvals granted to the Daphne property by the County will include provision for the implementation of the off -ramp project. 2. Traffic Mitigation Fee The City and the County mutually agree that Lucas Valley Road/Los Gamos Drive/Highway 101 interchange improvements should be funded with traffic mitigation fees charged as part of land use development approvals. The County agrees to charge at a minimum the full traffic mitigation fee set in the San Rafael General Plan for the Daphne parcel based on the approved project. 3. Fire Services The City and the Marinwood County Services District have entered into a Joint Powers Agreement to provide for the mutual fire protection of certain areas of both the City and District. The Joint Powers Agreement (JPA) provides that the City dispatch on a first alarm two (2) engines and available personnel to the area included within CSA 13 and Marinwood, provide twenty-four hour dispatch service and a Chief Officer when the District Chief is unavailable. Under the terms of the Joint Powers Agreement, the District agrees to dispatch one (1) Engine and available personnel to the City area and one (1) Engine on second alarms to specific areas of the Terra Linda Valley. There is no compensation for the services provided by the individual agencies one to another. Due to the large area covered by the JPA and the risks associated with the grassland areas adjacent to many hundreds of structures, fire protection improvements should be built into the new homes. In order to reduce the risk of structural fire danger on the Daphne property, County agrees to require sprinkler systems for all new resi- dential structures approved for construction on the Daphne property. This requirement assumes the average cost for this requirement to be not more than $3,000.00 per home in 1989 dollars. Nothing ir this agreement shall alter City's obligation to provide dispatch and response services as required by the Joint Powers Agreement. 4. Timing of Development The City and County mutually agree to the goal of maintaining a traffic level of Service at the mid -point of the D range at the Lucas Valley/101 interchange. The City has adopted this standard in its General Plan and is implementing the standard through the Priority Projects Procedure. The County agrees that it will coordinate development approvals with the city to assure that traffic Level of Service at rriid- point D is not exceeded at the Lucas Valley/101 interchange, The County further agrees that it shall issue no building permits that would result in less than Level of Service mid -point D at the Lucas Valley/101 intersection. 5. Public Improvements To coordinate with City improvement standards, the county agrees that it shall require all public improvements including, but not limited to, streets, curbs, gutters, sidewalks, drainage facilities and signalization, be designed and built to the City's public improvement standards or to a standard mutually agreed upon by the City and County. To facilitate this part of the Agreement, the City shall provide copies of all relevant standards and shall review and comment to the County in an advisory capacity only, on all public improvement plans, including working drawings, proposed for the Daphne property. 6. In consideration of the above, the City agrees to the following: a. To request the Marin Local Agency Formation Commission to waive the dual annexation policy that would require the Daphne property to annex to the city as well as the Las Gallinas Valley Sanitary District. b. To formally refuse annexation of the Daphne property and refer the project to the County for normal consideration. c. To indicate to the Daphne property owners and LAF CQ that it would be appropriate to annex the Daphne property only if annexation of the Marinwood community is approved by a majority vote of the residents. d. To amend General Plan Land Policies LU -5 and LU -6 to state that the Daphne Property shall be annexed only if annexation of the Marinwood community is approved by a majority vote of the residents. e. To refer applicants for development of the Daphne property to the Marin County Planning Department for permit processing. The City will make all application documents, including a draft Environmental Impact Report, available to the County. ATTEST: �� N J NNE M. ON NI City _Clerk JAPED ;AS FORT GARY RAGGHIANTI City Attorney COUNTY OF MARIN LAWRENCE E. MULRYAN Mayor APPROVED AS TO CONTENT: A f*&AW10, PAMELA J. N COLAI City Manager l. ROBERT B. STOCKWELL, Chairman Clerk of the oard Board of Supervisors