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Home My WebLink AboutOrdinance 1408 (McNears Beach Count Park; Draper 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. 14ng entitled: AN ORDINANCE OF THE CITY OF SAN RAFAEL PREZONING CERTAIN REAL PROPERTY FROM THE COUNTY OF MARIN ZONES A-2 (LIMITED AGRICULTURE) AND RSP -4.0 (RESIDENTIAL SINGLE FAMILY PLANNED DISTRICT 4 UNITS PER ACRE) TO THE CITY R -1-B-4 (RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE) DISTRICT, AND OTHER CERTAIN REAL PROPERTY (HEAVY INDUSTRIAL) AND A -2-B-2 (LIMITED AGRICULTURE, 10,000 SQUARE FEET MINIMUM LOT SIZE) DISTRICT TO THE CITY U (UNCLASSIFIED) DISTRICT (McNears Beach County Park/Draper 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 eighth day of September, 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 regular meeting of the City Council of said City held on the twenty-firstday of September , 1981, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Nixon &: Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:Jensen ABSTAINED: COUNCILMEMBERS : Miskirrien WITNESS my hand and the official seal of the City of San Rafael this twenty-fourth day of September , 1981. LEOAWI t Jerk JE M y ORDINANCE NO. 1408 AN ORDINANCE OF THE CITY OF SAN RAFAEL PREZONING CERTAIN REAL PROPERTY FROM THE COUNTY OF MARIN ZONES A-2 (LIMITED AGRICULTURE) AND RSP -4.0 (RESIDENTIAL SINGLE FAMILY PLANNED DISTRICT 4 UNITS PER ACRE) TO THE CITY R -1-B-4 (RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE) DISTRICT, AND OTHER CERTAIN REAL PROPERTY FROM THE COUNTY OF MARIN ZONES 0-A (OPEN AREA), M-2 (HEAVY INDUSTRIAL) AND A -2-B-2 (LIMITED AGRICULTURE, 10,000 SQUARE FEET MINIMUM LOT SIZE) DISTRICT TO THE CITY U (UNCLASSIFIED) DISTRICT McNears Beach County Park/Draper Properties 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 prezoning the following described property from the County of Marin A-2 (Limited Agriculture) and RSP -4.0 (Residential Single Family Planned District 4 Units Per Acre) Districts to the City R -1-B-4 (Residential Single Family, 1 unit per acre) District. Said property known as the Draper property, contain- ing approximately 2 acres so prezoned is located east of Point San Pedro Road and north of McNears Beach County Park and shown as County Assessor's Parcel 184-030-01, 04 & 05. DIVISION 2. The Zoning Map of the City of San Rafael adopted by reference by Section 14.15.020 of the Municipal Code is further amended by prezoning the following real property from the County of Marin 0-A (Open Area), M-2 (Heavy Industry), and A -2-B-2 (Limited Agriculture, 10,000 Square Feet Minimum Lot Size) Districts to the City U (Unclassified) District. Said property known as McNears Beach County Park, containing approximately 73 acres so prezoned is located east of Point San Pedro Road and north/south of Cantera Way, and shown as County Assessor's Parcels 184-030-16 & 17 and 184-010-49, 50 & 53. DIVISION 3. This zoning shall become effective in accord- ance with Section 65859 of the Government Code of the State of California. ORDINANCE NO. 140$ DIVISION 4. 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 Rafel 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 the 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 - ORDINANCE NO. 140.8 DIVISION 5. 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 por- tions 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, subsections, sentences, clauses or phrases be declared invalid. DIVISION 6. 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. LAWHENLE E. MULR AN, �ayor Attest: J NE M. LE, NI q,?i rty er i The foregoing Ordinance No. 1408 was read and intro- duced at a regular meeting of the City Council of the City of San Rafael, held on the 8th day of September , 1981, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS:Jensen ABSTAINED: COUNCILMEMBERS:Aiiskim en 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 21st day of September , 1981. -aJ8 M. LEONCIN City Clerk 28 B/8 3 - I � 'All \ T� ¢�I7RQ P, •. WORTH 14F Ilk.e �. C 20D 40D baa 9 • nCALE VU MET t • r O M w r .F V iae° 3{ Mme•.-. :ii] fed i dop doll dop ■'' ,+ I ■ �► LOP Is 1 i1 1 r 46— a Q y•. Jr-*5----EX1ST11V6 ZOAlIA16 600NDARY 1 r r — PRESEMT CITY LIMITS -- NF -W CITY LIMITS Qnoundaq c� Dale Annexation) PQRTtON1 PRE\! I0U SLY PREZOMUD (gee Pre Z 8 t -S) u =.uw:i "4# PROPOSED PIKE -ZONING from County R5P--4 4 A-?- to -zto G i ty R -1-g-4 (parceii, 164-o30-01, 04 s 05) PROPOSED PREZON[MG from County C -A y M -Z * A -2;B -Z City U (parcels Ie4-DI0-49,50,53 t 164-030-I6 f- 17) �� ANN PATIOW PREZONING PreZ8(-18