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HomeMy WebLinkAboutOrdinance 1447 (Riviera & Biscayne Drives)I 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. 1447 entitled: AN ORDINANCE 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 P -C (PLANNED COMMUNITY) TO P -D (PLANNED DEVELOPMENT) DISTRICT (Riviera & Biscayne Drives) 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 seventh day of February 1983, 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 rearular meeting of the City Council.of said City held on the 22nd day of February , 1983, by the following vote, to wit: AYES: COUNCILMEb1BERS:Breiner, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEh1BERS : None ABSENT: COUNCILMEMBERS:Frugoli n WITNESS my hand and the official seal of the City of San Rafael this twenty-fifth day of -February 19 83. JEA LEONC NI, ity Cleric ORDINANCE NO. 1447 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 P -C (PLANNED COMMUNITY) TO P -D (PLANNED DEVELOPMENT) DISTRICT (Riviera and Biscayne Drives) 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 P -C (Planned Community) District to P -D (Planned Development) District. Said property so reclassified is located at Riviera and Biscayne Drives, San Rafael, County Assessor's Parcel AP 184-132-04 described in Exhibit "A". DIVISION 2. Any development of this property shall be subject to the conditions outlined in Exhibit "B" 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. LAWRENCE E. MULRY N, Map6r Attest: JE M. ANC City C erk JZ ORDINANCE NO. 1447 The foregoing Ordinance No. 1447 was read and intro- duced at a regular meeting of the City Council of the City of San Rafael, held on the 7th day of February 1983, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Jensen, Miskimen & 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 22nd day of February , 1983. 25 B/28 V,14�r J E�ivl. LEO City C erk - 2 - EXHIBIT "A" LEGAL DESCRIPTION All that certain Real Property situate in -the City of San Rafael, County of Marin, State of California, described as follows: Lot 210, as shown upon that certain map entitled, "Map of Marin Bay Unit One, San Rafael, California", filed for record September 22, 1960 in Volume 10 of Maps, at Page 78, Marin County Records. EXCEPTING THEREFROM Parcel "D" and "E", both as shown upon said "Map of Marin Bay Unit One, San Rafael, California". EXHIBIT "B" Conditions which were included as part of the zoning (Z82-9) action by the Planning Commission on December 14, 1982: Master Plan Conditions for the San Rafael School District Prooerty (Parcel 3) Planned Development District (Z82-9): (A) Land Use and Density This 10.0 acre parcel shall be developed with from 20 to 25 single family detached units continuing the pattern of adjacent development on Riviera and San Marino Drives. All development standards from the December 15, 1980 Peacock Gap Neighborhood Plan specified for the site shall be met for any development proposal. These standards are listed in (B) below. (B) General Conditions Applying to the Entire Site The following development standards from the Peacock Gap Neighborhood Plan are specifically added here as conditions of this P -D Zoning Master Plan. Page references below are located in the Peacock Gap Neighborhood Plan adopted by the City Council December 15, 1980. (1) The developer shall contribute traffic mitigation fees as required under the "Transportation Improvement Program" (TIP) for Peacock Gap adopted by the City Council on February 1, 1982. Additionally, prior to Final Map approval, a finding mechanism shall be in place to insure that the two lane segment of Point San Pedro Road between Riviera and Biscayne Drives is improved to major arterial standards at the time of development of the property. (2) At the time of -development, a cul-de-sac shall be provided at the end of Riviera Drive. Through circulation for emergency response and local neighborhood use shall be provided by a circuitous roadway system -within the site. (Page 25.) (3) P,evegetation of existing damaged slopes is required (Page 16.) (4) The developer shall contribute a proportionate share of the $700,000 park development fund described in the Peacock Gap Neighborhood Plan. (Page 17.) (5) The developer shall provide a small pocket park within the proposed subdivision. (Page 26.) (6) Grading shall be only that absolutely necessary for proposed development and repair of significant geologic hazards. Erosion controls including provisions for revegetation and soil rehabilitation shall be required for all new development. (Page 18.) (7) New development shall conform to Title 18 of the San Rafael Municipal Code pertaining to "Protection of Flood Hazard Areas". (Page 19.) (8) New development shall be served by on-site storm drainage systems with capacity for 25 year storm flows. Systems shall be sized and graded to prevent mosquito breeding areas. (Page 19.) Exhibit "B" — Page 2 (9) Grading activities should be limited to the dry season, April through October. Siltation controls shall be required during grading. Immediately after grading, reseeding/planting shall be provided for erosion control. Project specific erosion control measures shall be determined at the time of project approval. (Page 19.) (10) Water line and fire hydrant fire flows shall be to the satisfaction of the San Rafael Fire Department. (11) Should an archeological site be uncovered during any phase of construction, all activity shall be halted. After timely examination by a qualified archeologist and consultation with the American Indian Council of Marin, work may resume if appropriate mitigation measures have been taken. (Page 22.) (12) CC&R's proposed for the new development shall be generally consistent with the CC&R's of existing development as modified by Appendix A of the Peacock Gap Neighborhood Plan. (13) Uses permitted (page 35) include: (a) Single family dwellings. (b) Accessory buildings only if constructed simultaneously with or subsequent to the main building on the same lot. (c) Home occupations which comply with the provisions of Chapter 14.74, except as otherwise restricted herein. (14) Buildings. (Page 35.) (a) Only one building designed or used as a residence for one family shall be erected, located or maintained on any one lot, regardless of lot size, unless specifically approved by the Planning Commission or City Council to implement housing policies of the Peacock Gap Neighborhood Plan. (b) An accessory building may be erected and maintained on the same lot as a single family dwelling house. The accessory structure may contain separate rooms for living quarters for servants or domestic employees, but may not contain a kitchen. (15) Building Height Limits. (Page 35.) (a) For dwellings, a maximum of two stories (30 feet) in height above grade level. (b) The height of any dwelling house subject to Environmental Design Review may be limited to a height less than thirty (30) feet in the event that such a limitation shall be deemed necessary to implement policy of the Peacock Gap Neighborhood Plan. r E hibit "B" — Page 3 (16) Setbacks. (Page 36.) Lots shall be designated under the tentative map approval which require Environmental Design Review to ensure compliance with the goals, objectives and text of the Peacock Gap Neighborhood Plan. The following setbacks shall apply: (a) Front Setback - minimum required twenty-five (25) feet. At the time of tentative map approvals, determination shall be made to ensure adequate garage setbacks and staggering and variation of front setbacks. (b) Side Setbacks - minimum required ten (10) feet. (c) Rear Setbacks - minimum required twenty-five (25) feet. (C) Expiration The P -D zoning shall remain effective for two years or until December 14, 1984, unless extended by the Planning Commission. Upon recordation of the Final Mlap for the subdivision, the zoning shall be valid indefinitely.