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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. - 2 - 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 - 3 - 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 - 4 -