Loading...
HomeMy WebLinkAboutOrdinance 1476 (Irwin Street West of Bret Harte Village)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. 1476 entitled: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING n![AP 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 RECLASSIFY CERTAIN REAL PROPERTY FROR-1-B SITEDAREA R -1-B-3 (SINGLE FAMILY RESIDENTIAL, MI 10,000 SQUARE FEET AND 20,000 SQUARE FEET, RESPEC- TIVELY) DISTRICTS TO P -D (PLANNED DEVELOPMENT) DISTRICT (Irwin Street West of Bret Harte Village) 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 sixteenth day of January 19 84 published as required by City Charter in the San Rafael News Pointer a newspaper 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 sixth February •84 held on the day of , 19�, by the following vote, to wit: AYES: COUNCILMEINMERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEr!BERS : None ABSENT: COUNCILKEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this eighth day of February , 1984 . JEA �,I. ONCIN City Clerk ORDINANCE NO. 1476 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 RECLASSIFY CERTAIN REAL PROPERTY FROM R -1-B-2 AND R -1-B-3 (SINGLE FAMILY RESIDENTIAL, MINIMUM SITE AREA 10,000 SQUARE FEET AND 20) 000 SQUARE FEET, RESPEC- TIVELY) DISTRICTS TO P -D (PLANNED DEVELOPMENT) DISTRICT (Irwin Street West of Bret Harte Village) 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 reclassifying the following real property from R -1-B-2 and R -1-B-3 (Single Family Residential, Minimum Site Area 10,000 Square Feet and 20,000 Square Feet, Respectively) Districts to P -D (Planned Development) District. Said property so reclassified is located along Irwin Street west of Bret Harte Village, San Rafael, County Assessor's Parcel 13-271-29 as des- cribed in Exhibit "B". DIVISION 2. Any development of this 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 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: M. LEON I I, City Clerk LAWRENCE E. MULR AN, Mayor ORDINANCE NO. 1476 The foregoing Ordinance No. 1476 was read and intro- duced at a regular meeting of the City Council of the City of San Rafael, held on the 16th day of January , 1984, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS:Briener, Frugoli, Nave, Russom & 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 6th day of February , 1984. 26.2 A/16 JEA M. LEONCIity lerk - 2 - EXHIBIT "A" Conditions of Approval: Z81-24 (a) This P -D zoning is approved for 13 single family residential building sites within a development area of five acres. The three remaining acres (upper slopes contiguous to City secured open space) shall be approved for open space and shall be placed in a non -development easement. (b) Specific site development conditions required under TS80-4 shall apply to the approval of this P -D zoning. Minor changes in these conditions may not require an amendment to this P -D zoning. (c) The zone change is valid for a period of 24 months from the date of Council adoption. TS80-4 FIRE DEPART14ENT (a) Fire hydrants shall be provided as required by the San Rafael Fire Department. PUBLIC WORKS (b) Plans and Maps (1) A complete set of reproducible "As Built" drawings on polyester film shall be supplied to the Public Works Department and the Homeowners Association at the completion of the work. (2) Prior to recordation of the final map, engineered improvement plans shall be submitted for approval by the City Engineer. (3) Additional easements shall be created on the map as necessary to provide full utility services to each of the lots. (4) A non -access strip shall be established adjacent to existing and proposed open space. (5) None of the proposed facilities will be accepted by the City; and they shall be the future responsibility of the Homeowners Association. (6) The CC&Rs for the Homeowners Association shall establish a sinking fund for the future maintenance and/or replacement of facilities. Additionally, the City shall have the right to enforce the maintenance of said facilities at the Homeowners Association's expense. (c) Grading and Earthwork (1) Grading plans shall show all proposed and existing contours. (2) Grading, drainage, and foundation plans shall be reviewed and signed by the soils engineer. (3) Prior to construction, a supplemental soils report shall be submitted to address the conditions of approval and the recommendations of the Geotech- nical Review Board. (4) All earth and foundation work shall be done under the direction of a soils engineer; and a final report shall be submitted prior to acceptance of the work. (5) The final soils report shall contain specific recommendations for the con- struction of buildings on each of the lots. (6) All cut and fill slopes shall be contour graded and rounded to provide a natural -looking shape. (7) Wooden retaining walls shall be constructed with concrete or steel vertical posts. (Railroad track will not be permitted;) (8) A grading permit will be required. (d) Erosion and Siltation (1) An erosion control plan shall be submitted for approval by the City Engineer. (2) Erosion control plans shall show methods of controlling erosion during and after final grading. (3) Geotextile silt fences shall be constructed and maintained throughout the first winter to inhibit downstream siltation. (4) Site runoff shall be discharged into an engineered siltation pond which shall be maintained throughout the first winter. (5) If erosion control planting has not been fully established at the comple- tion of improvements, a bond shall be posted to ensure its successful es- tablishment. (e) Storm Drainage (1) The improvement plans shall show all existing and proposed drainage facil- ities. acil- ities. (2) Runoff from improved areas shall be collected and conveyed to the street, or established drainage facilities, by underground conduit. Drainage shall not be diverted or concentrated onto adjoining properties; or onto cut and TT -11 slopes; or over sidewalk and driveways. (3) The proposed drainage system is approved in concept only. The final con- figuration shall be subject to approval by the City Engineer. (4) All "VEE" ditches shall be constructed of "earthtone" colored concrete. Such ditches as an open system shall be constructed downhill from the proj- ect area. (5) A detailed hydrologic and hydraulic analysis shall be submitted with the improvement plans. This study shall evaluate the drainage characteristics of both "on-site" and "downstream" facilities before and after the construc- tion of proposed improvements. (6) Site drainage shall be discharged into an engineered retention system which has been designed to miticate increases in the runoff rate during peak storm periods. This system shall be constructed at the base of the project area adjacent to the existing drainage channel. (7) Each individual lot shall be constructed to properly drain to the street or to an established drainaee facility. (8) Prior to recordation of the final rap, the applicant shall agree to not protest the formation of an assessment and/or other special district for the future construction of downstream drainage improvements. (f) Sanitary Sewers (1) The improvement plans shall show the location of all existing and proposed sanitary sewer facilities. (2) Any new connections to the sewer main in the street shall require an en- croachment permit. (3) Sanitary sewer plans shall be reviewed and signed by the San Rafael Sani- tation District. (4) All gravity sanitary sewers shall be air and mandrel tested prior to the acceptance of the work. (5) Each of the proposed lots shall be served with an individual 4 -inch sewer lateral and/or a commonly maintained private lateral of not less than 6 inches in diameter. (g) Streets and Roads (1) The roadways shall be constructed to the typical sections shown on the tentative map, unless otherwise approved by the City Engineer; and as otherwise conditioned herein. PLANNING DEPARTMENT (1) Prior to issuance of grading permits, the applicant shall submit a detailed site plan indicating tree types and sizes within the project area. The site plan shall include all trees that are to be removed as a result of grading. (m) Trees throughout the subject property shall be preserved wherever possible. Where direct impact of individual trees cannot be avoided, the following measures should apply: (2) All roadways shall be constructed with concrete curbing and/or curb and gutter, as required. Asphalt berms and ditches will not be permitted. (3) All roadways shall. have structural sections based upon a Traffic Index determined by the City Traffic Engineer. (4) The improvement plans shall show the horizontal and vertical alignment of roadways. This shall be subject to the approval of the Fire Department and the City Traffic Engineer. (5) The stopping sight distance criteria for the proposed roadways shall be 20 miles per hour. (h) Frontage Improvements (1) The improvement plans shall show all proposed and existing frontage im- provements. (2) Standard frontage improvements shall be constructed along Irwin Street, as required by the City Engineer. (i) Utilities (1) The improvement plans shall show all existing and proposed utilities. (2) The improvement plans shall be reviewed and signed by each of the respec- tive utility companies. (3) All utilities shall be underground. (4) All common area lighting facilities shall be "fluroescent" and/or "high _ pressure sodium" type fixtures. (5) Utilities shall be provided to each of the proposed building sites. (6) Streetlights shall be installed. The number, location, and type of lights shall be subject to approval by the Police, Planning Department, and Public Works Department. (j) Traffic (1) The on-site traffic circulation and parking plan shall be subject to ap- proval by the City Traffic Engineer. (2) Signing, striping, and other traffic control devices shall be installed as required by the City Traffic Engineer. (k) Agreements and Securities (1) An engineer's estimate shall be submitted for the cost of the proposed im- provements. The estimate shall be subject to approval by the City Engineer. _ (2) Based on the engineer's estimate, bonding or other approved security shall be supplied to ensure the completion of improvements. - (3) A standard subdivision agreement shall be executed by the applicant prior to the acceptance of the final map. (4) Prior to the acceptance of the final map, plan check and inspection fees shall be paid based on the engineer's estimate. (5) The construction of all common area improvements shall be inspected by a private civil engineer selected by the City. The cost of this.inspection shall be borne by the applicant. A deposit shall be made to cover the cost of this service. PLANNING DEPARTMENT (1) Prior to issuance of grading permits, the applicant shall submit a detailed site plan indicating tree types and sizes within the project area. The site plan shall include all trees that are to be removed as a result of grading. (m) Trees throughout the subject property shall be preserved wherever possible. Where direct impact of individual trees cannot be avoided, the following measures should apply: ( n) (o) (1) Prior to issuance of building permits, those trees which are to be preserved near each building site shall be evaluated by a qualified tree specialist. The specialist will characterize these trees in terms of vigor and their susceptibility to damage by construction equipment and the addition or diversion of surface and subsurface water during and 'Following construction. The specialist shall flag those trees which should be preserved and suggest adjustments in the location of structures so as to maintain the greatest number of trees and minimize the impacts of construction on the vigor of those trees to be preserved. For the trees that are to be removed, trees of a similar species and of substantial size shall be planted as a replacement. (2) All construction activities around trees should be supervised by a qualified tree specialist. (3) Construction equipment should not be operated within the driplines of those trees designated for preservation, but where safe or necessary operation of equipment requires infringement, grading (including cutting and filling) should be restricted to one-third of the area within the dripline. Where such situations are not anticipated prior to construction and trees are so affected, the tree specialist shall decide whether or not the damaged tree could become a potential hazard and should, therefore, be removed. Following construction, disturbed areas should be lightly spaded by hand to loosen the surface soil. (4) All natural vegetation within the drainage channel shall be maintained. Plants shall be replaced where removed as a result of road grading. The large bay tree adjacent to Irwin Street shall be preserved. Tree trimming may be necessary to provide vertical vehicle clearance. Such trimming shall be completed under the recommendation of a tree specialist. (5) A six foot high redwood fence and additional planting shall be installed along the south edge of the access easement, adjacent to 217 Irvin Street. (6) If trees are damaged (e.g., broken limbs, bruised trunks, or similar occurrences), they should be treated on an individual basis according to the recommendation of a forester or arborist. (7) The contractor for the project should be held financially responsible for any damage to trees to be preserved. This will include paying all costs for remedial pruning, tree removal, and planting of new trees, whichever is necessary. (8) Adequate drainage for roofs, decks, or other impervious surfaces should be provided to prevent saturation of soils within driplines. (9) An open wire or vinyl clad cyclone fence shall be installed along the southeastern property line (property line abutting lots facing Irwin Street) to provide safety and privacy to all residents. Graded materials (cut and fill), construction equipment, and building materials shall only be stored within areas to be developed. Vegetation in the designated common areas and the scenic easement shall be retained in its natural condition. The common areas and scenic easements shall be indicated as open space on the final map. Each building shall be subject to design review to assure that even if lots are sold individually, mitigation measures will be implemented. A landscaping plan will be required around each dwelling and should be submitted with plans for building design review. The landscaping plan shall include native growth (oak/madrone, etc.) which are slow growing plus other tree species that are faster growing (pine) to insure temporary screening and erosion control. (p) All cut and fill slopes shall be replanted to minimize erosion and reduce the visual impact of freshly graded slopes. (q) All plant materials used in landscaping shall be native to the area or similar in color, form and growing requirements to maintain the natural character of the landscape. (r) All exterior buiTding surfaces shall be constructed of natural materials and/or colors to blend with the surrounding landscape. (s) Buildings should be stepped down the hillside to minimize grading as well as building mass and bulk. Buildings shall be designed to a maximum height of 2C feet at any 'location from grade. Building design shall be subject to environmental and desiqn review. (t) Off-street parking bays shall be provided at spaced intervals as indicated on the plan to insure that vehicles are not parked on the roadway. (u) An access easement connecting Irwin Street with City owned open space above (v) the project site shall be provided. Prior to issuance of a grading permit, a detailed grading plan shall be submitted indicating details onthe proposed retaining walls. All retaining walls over five feet in height shall be terraced (each terrace no greater than five feet in height). The material utilized for the walls shall be subject to Design Review Board approval. Planting between each wall shall be installed to provide screening. (w) A minimum rear yard setback of 40 feet shall be identified along the south side of Lots 6 through 9. (A minimum of 20 feet is identified on the plan.) This setback shall be identified on the final map as common area or an open space/tree planting easement. (x) The driveway for Lots 1 and 2 shall be redesigned to provide better ingress (y) and egress and vehicle maneuvering acceptable to the City's Traffic Engineer. Along with the common driveways provided for Lots 1 and 2 and Lots 3, 4 and 5, common driveways shall be required and designed for Lots 6 and 7 and Lots W11 and 12. This shall be indicated on the final map. Prior to final map approval, the map design shall be amended so that the common area at the southeast end of the site (adjacent to Lot 9) is included in the area of Lot 9 (with an open space easement) or combined with other common areas on the site. The three acres of open space shall be combined with all common areas and shall not appear as a separate parcel. (aa) prior to issuance of a qradinq permit. a stream bed alteration agreement shall be obtained from the State Department of Fish and Game. A minimum 100 -foot setback shall be observed along the southernmost drainage channel (running through the access easement) to Irwin Street. No buildings shall be permitted to encroach within this setback area. The access road, catchment wall on on-site drainage retention system may encroach within this setback area. Building setbacks of 30-35 feet shall be observed along the upper (northern) drainage channel. (bb) A maximum 20 -foot -wide, two-way access road shall provide access to the subdivision from Irwin Street. One way portions of the road shall be 15 feet in width. (cc) This tentative map is approved for two years from the date of zone change adoption. EXHIBIT "B" DESCRIPTION: All that certain real property situate in the C`.ty of San Rafael, County of Marin, State of Califor^ia, described as f01:C:1:S: PARCEL ONE: BEGINNING at the Northwesterly corner of that certain parcel conveyed by Bret Harte Realty Company, a corporation, to Columbus L. Pierce by Deed recorded May 4, 1954 in Book 864 O.R. Page 216, running thence along the Westerly, Northwesterly and Southwesterly lines of said Parcel, said Westerlv line also being the Westerly, Northwesterly and Southwesterly boundary of that certain map entitled, "Map of Bret Harte Village, Unit Three, San Rafael Cal.", filed for record December 24, 1954 in Book 8 of Maps at PaSe 35, thence South 160 02' 30" East 88.84 feet, South 8° 19' 30" East 179.305 feet, South 16 47' West 133.088 feet, South 56° 12' 30" West 146.043 feet, South 43° 20' West 283.780 feet and South 46° 40' East 125 feet to the Westerly line of Irwin Street, said point being also the most Northerly corner of that certain parcel of land described in the Deed from Ted D. Gibson, et ux, to G.C. Kott, et ux, recorded September 28,1961 in Book 1501 O.R. Page 288, thence leaving said line of Irwin Street and running along the Northwesterlv line of said Kott Parcel, South 700 15' best 250.00 feet to a point in the Easterly line of the parcel of land described in the Deed from Ted D. Gibson, et ux, to Guy N. Baldwin. et ux, recorded January 31, 1963 in Book 1653 O.R. Page 527; thence along said boundary line North 780 55' West 133.8 feet, South 760 West 87.4 feet and North 27° 10' West 431.33 feet to a point on the South.?-ly line of that certain parcel conveyed by Frani: C. Dougherty, etux, to San Rafael Land Title Cornoany, a corporation,by Deed reccrded, N'_arch 10, 1950 in Book 642 O.R.page 167; thence along- the southerly and Easterly lines of said- Parcel South 630 38' East 121.33 feet and North 22° 34' 00" East 101.0 feet: thence leaving said line South 680 03' East 89.82 P -et, North 81° 00' 00" East 130.00 feet, North 52a 30' 00" East 95.00 feet, North 68° 00' 00" East 90.00 feet, North 35(' 00' 00" East 109.00 feet and North 520 00' 00" East 3.10.00 feet to the point of beginning. Containing 8 acres, more or less. SAID PARCEL also being known as Parcel 2, as shown upon that certain Record of Survey entitled, "Record of Survey. Map of the lands of Christian H. Bendtsen and Vtrete H. Bendtsen lying within the City of Sar. Rafr :_, Nla^in County, California, described in Deed in the Off-ce Of the County Recorder in Book 2219 of Official Records at Page 469 Marin County Records: filed for record July 11, 1969 in Book 8 of S_rveys at Page 162 Marin County Records.