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HomeMy WebLinkAboutOrdinance 1449 (Civic Center North)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. 1449 entitled: 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 U (UNCLASSIFIED) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT - Civic Center North 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 twenty-second day of February , 1983, published as required by City Charter in the Independent -Journal a newspaper published in the City modified of San Rafael and /passed acid adopted as an ordinance of said City at a regular meeting of the City Council of said City held on the twenty-first day of March , 1983, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None and republished as modified on Friday, March 25, 1983. 0 WITNESS my hand and the official seal of the City of San Rafael thi.; twenty—eighth day of • March , 19 83. JEAEONCINI,`City Clerk ORDINANCE NO. 1449 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 "U" (UNCLAS- SIFIED) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (Civic Center North) 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 "U" (Unclassified) District to P -D (Planned Development) District. Said property so reclassified is located on Civic Center Drive, San Rafael, County Assessor's Parcels 180-121-32, 179-270-09, and portions of 180-121-31 and 155-230-06, said property more particularly described in Exhibit "A" attached. 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. s� LAWRENCE E. MULR AN, Mayor Attest: J�EM.ONCINI, 'City Clerk L91 �■11 s ORDINANCE NO. 1449 The foregoing Ordinance No. 1449 was read and intro- duced at a regular meeting of the City Council of the City of San Rafael, held on the 22nd 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 came up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council held on the 21st day of March , 1983. JE ON�I1� itY Clerk - 2 - EXHIBIT "A" Property Description That 70 acre, more or less, portion of the 90 acre, more or less, lands of First National State Bank of New Jersey, described below, which is within the corporate limits of the City of San Rafael. Description of lands of First National State Bank of New Jersey: Beginning at the point of intersection of the southeasterly line of the Northwestern Pacific Railroad right-of-way with the northeasterly line of Civic Center Drive as said lines are shown on the Record of Survey Map recorded October 5th, 1972, in Book 1 of Surveys, page 40, Marin County Records, thence along said northeasterly line of said railroad right-of-way, the following courses and dis- tances: North 400 35' 10" East 1952.61 feet to a point; thence along a long cord North 400 14' 06" East 90.79 feet; thence along a curve to the left having a radius of 2914.93 feet with a central angle of 180 56' 46" and an arc distance of 963.89 feet to a point; thence along a long cord North 201 111 26" East 90.79 feet to a point; thence North 190 50' 24" East 524.77 feet to a point; thence leaving said northeasterly line of the Northwestern Pacific Railroad right- of-way along a line having a bearing of North 890 50' 03" East and a distance of 972.36 feet to a point on the westerly line of the South Fork of Gallinas Creek as shown on said Record of Survey Map, said point identified as S.M.&T.L. 46 on Allardt's Line; thence along said westerly line the following courses and distances: South 431 251 51" East 672.44 feet; thence South 62" 391 57" East 164.01 feet; thence South 381 39' 57" East 118.38 feet; thence South 9° 20' 03" West 241.38 feet; thence South 180 50' 03" West 223.53 feet; thence South 240 391 57" East 334.63 feet; thence South 440 50' 03" West 37.70 feet; thence South 71° 20' 03" West 296.27 feet; thence South 470 50' 03" West 205.67 feet; thence South 530 50' 03" West 190.46 feet; thence South 10 451 42" East 60.35 feet to a point; - 1 - thence leaving said westerly line of the South Fork of Gallinas Creek, along a line having a bearing of South 79° 34' 18" West and a distance of 111.26 feet; thence North 801 391 03" West 66.25 feet; thence North 491 291 18" East 18.64 feet; thence North 73° 34' 32" West 491.44 feet; thence along a curve to the left having a radius of 585 feet, a central angle of 451 21' 10" and an arc distance of 463.06 feet; thence along a line having a bearing of South 61° 04' 18" West and a distance of 941.74 feet; thence South 58° 33' 18" West 586.40 feet; thence South 390 091 18" West 43.66 feet; thence South 27° 55' 21" West 794.64 feet; thence South 89" 55' 21" West 20.76 feet to a point on the northeasterly line of Civic Center Drive; thence along said northeasterly line on a curve to the right having a radius of 550 feet, a central angle of 260 36' 27" and an arc distance of 255.41 feet; thence continuing along said northeasterly line North 34° 37' 11" West 139.17 feet to the Point of Beginning. - 2 - EXHIBIT "B" Conditions of Approval for P -D Zenint-L: R,e master plan and P -D development plan dated Nove,�.5er 3, 1921 are approved subject to the following specific requireim.ents and adjusents: (a) A use perr.�it is required for the developiment, and environmental and design review permits shall be required for each phase (restaurant, Hotel, offices and residential sections). Utilities: (5) All electric utility lines shall be underground. Gradinc/Soi 1 s: (c) The height of the perimeter levee shall be subject to review and approval of the City's Geotechnic Review Board to ensure that the levee is high enouqh to contain wave run-up from a tsunami. At a minimum, the levee shall have a finished height o 99 f eet HiSL Dztun after 30 years of settl e: lent. (d) Exterior levee slopes around the residential developm-ent shall provide a 12=foot-wide, all iieather, maintenance road at elevation +7 MSL datum after 30 Sears of settlE-ment. Exterior levee slopes shall be 6:1 slopes or flatter except as approved by the Planning Director and City Engineer. (e) The top of the ievze shall be a ninimu.-a 24 feet in width or graded at a slope less than 10:1 'to the interior of the project. (f) No grading except that necessary for installation of utilities or similar necessary improver-ents shall be permitted on the exterior levee slopes below elevation +3 mean sea level. Any installation grading below +3 mean sea level shall be subject to review by the U.S. Corps of Army Engineers, Planning Director, and Public Works Director. (g) All building designs shall be subject to geotechnical review prior to Environmental & Design Review approval. Specific setbacks or other engineering requirements nay be incorporated into the Environmental and Design Review approval to minimize potential problems of lurching along the creek and lake banks. .(h) Roads: Within 18 months of the approval of this rezoning or by July 1, 1984, the applicant shall agree, in a form acceptable to the City Attorney, to pay traffic mitigation fees to fund the necessary traffic improvements. The nitigation fees shall not exceed $1,508,482 as adjusted by the Lee Saller index to take into account construction cost changes since January 1981. The .fee is to be paid at the time the City Council determines the improve- ments are necessary. Furthermore, the Northgate East (AP 180-120-38 & 44) and the Civic Center Plaza CAP 180-120-34 & 35) projects must have cor�::itted to pay the traffic mitigation fees or some other vehicle must be proposed to pay the traffic mitigation fees necessary to fund full improv e-Mient of the Manuel T. Freitas interchange/<ierrydale overcrossing (consjs I;-ent with the Northgate Activity Center Plan) prior to issuance of buildi-:: permits for the subject property. As subsequent permits are requested for development of this property, the City will review the timing for construction of these improvements to the Mlanuel T. Freitas interchange/Merrydale overcrossing. The issuance of building permits will occur only after the City has determined that these transportation improvements will be constructed in a timely manner. (i) The street right-of-way for the entry roadway shall be 80 feet -wide. The street right-cf-way for the loop road shall be 60 feet wide. The street right-of-way for the cul-de-sac shall be 50 feet wide. The final subdivision map shall include an offer to dedicate the right- of-way needed to extend the arterial road to the 90 -acre site's northern boundary. -The right -of -:gay shall be an 80 -foot -wide strip of land along the northwestern boundary of the site. The right-of-titay shall extend from the proposed arterial to the southern boundary of the adjacent parcel owned by the First National State Bank of New Jersey and occupied by the Smith Ranch airport. (K) The final subdivision rap shall include a reservation of an approximately 3 -acre area on the southernmost end of the Smith Ranch airport parcel. This area is to be reserved for future use as a mitigation area to compensate for extension of the arterial roadway across the south fork of Las Gal l i nas Creek. (1) Prior to the approval of the final subdivision map of the hotel parcel, the applicant shall bond for the construction of a pedestrian and small motorized cart bridge between the hotel and Marin Center Theater area. Construction of this bridge shall be required concurrent with construction of the hotel. Prior to the approval of a design review application for the hotel complex, the decision will be made regarding whether to upgrade the bridge to a vehicular structure, and County participation thereof. (m) The final subdivision shall provide an easement for vehicular access between the project entry road (Northbank Drive) and the rear parking lot of Marin Center (Exhibit Building Parking lot). This easement shall be subject to the review and approval of the City Engineer and Planning Director after consultation with the County Public Works, Planning and Parks and Recreation Directors. Fencinq: (n) Fer;cing shall be subject to design review. A fence program shall be included in the master Design Review application for each portion of the site. - Open Space/Parks: (o) Development of the one acre park site at the northernmost end of the property shall be funded by the medium density residential area. This improvement shall be bonded as a part of the final map approval for the condominium subdivision of the medium density residential area or paid through park improvement fees at the time building permits are requested for the medium density phase of residential construction. Land Uses: (p) At the time of application for a use permit or environmental and design review permit for any phase of the project, analysis shall be undertaken to evaluate effects on view corridors from Highway 101, Marin Center, the Civic Center, McInnis Park, the Santa Venetia community and to assure compatibility of structural design, mass, colors, and building placement with the Civic Center and Marin Center. -2- (q) Proposed land use areas are approximate and shall be subject'to slio_ht adjustments due to levee and street right-of-way requirements. (r) The maximus squarS footage of office area shall be 110,000' gross floor area. the floor area may be increased subject to Design Review approval and Planning Co,nmission approval of an acceptable transportation systems management progra;-r which will restrict trip generation during the P.M. peak period to 300 trips. (s) The density for the medium density residential area shall be 87 units. Higher density up to 125 dwelling units may be approved by the Commission at the time of design review dependent on a detailed plan showing that there is adequate landscaping, recreation, parking and dwelling areas within the proposed project design consistent with City design standards. (t) The development of the low density residential area shall be subject to Environmental and Design Review. The proposed side yard setbacks of 10 feet per story shall apply to building clusters as shown in the P -D developrent plan. (u) At the time of application for use permit or design review for the residential portion of the project, the applicant shall submit for Commission approval a master plan for all proposed boat dock facilities along Las-Gallinas Creek. Review of the dock master plan shall be coordinated with U. S. Army Corps of Engineers, the County of Marin, and other responsible and trustee agencies. The dock facilities are intended for use by the residents of the approximately 28 dwelling units on the easternmost portion of the site directly adjacent to the south fork of the Las Gallinas Creek. (v) The southernmost tier of homes adjacent to the Marin County Fairgrounds shall be designed and constructed to maintain 45 decibels CNEL interior sound levels during typical fairground activities. The medium density units next to the Northwestern Pacific Railroad right-of-way shall be designed and constructed to maintain acceptable interior sound levels assuming future mass transportation use of the railroad right-of-way. Necessary detailed mitigation measures regarding the interior sound levels for the medium density units shall be determined at a later phase of permit approvals when the future use of the railroad right-of-way will be known. (w) Prior to recordation of a final subdivision map or issuance of building permits, the applicant shall grant a noise and light easement in favor of the County over portions of the site to protect the Marin County Fairgrounds use. This easement shall be subject to approval of the City Attorney and City Planning Director after consultation with the County staff and the applicant. (x) Prior to recordation of a final subdivision map or issuance of building permits, the applicant shall agree in a form acceptable to the City Attorney to annex • to Flood Control Zone 7. This annexation is to occur after the City and County develop a Joint Powers Agreement outlining both agencies` intention to: (1) expand the flood control zone to include all or part of the watershed of the south fork of Las Gallinas Creek; (2) make the zone responsible for maintenance of publicly dedicated drainage/ flood control facilities such as levees, pump stations, major culverts, natural drainageways, etc.; (3) make the zone share in the cost for periodic dredging of the south fork of Las Gallinas Creek because dredging increases hydrologic capacity of the Creek for non -navigational flood control purposes; "59i (4) develop a Sphere of Influence for the zone; (5) impose requirements for annexation to the zone upon issuance of City or County permits; and (6) establish joint City -County priority setting procedure for adoption of the zone budget and multi-year capital improvement program. (y) Prior to approval of the final map for the project, the property owner shall sign and record a covenant, binding themselves, their successors, assigns, and grantees, restricting the use of the 116 acre airport parcel (AP 155-230-01 through 07) to those uses existing as of the date of tentative map approval and the following permitted uses: (1) Public utility uses as approved by the appropriate governmental agencies, including flood control, sanitary sewer, gas and electric and public safety facilities. (2) Airport and airport related uses. (3) Roadways. (4) Open space. (5) Private and public recreational uses. The covenant shall run with the land and shall be enforceable by the County of Marin or the City of San Rafael. (6) Other related uses agreed to by the City, County, and property owner. The following conditions shall be considered in the granting of any use permits, gradingg ppArmits or tentative nap approvals: cc►tilitie� (1) i�rior to any final subdivision map approval, the applicant shall eE:.tionstrate that sewer service has been approved by the Las Gallinas Valley Sanitary District and will be available to serve the property. (2) Prior to any final subdivision, map approval, the applicant shall submit a letter from the Marin Municipal Water District stating that water service is or will be available to serve: the property and specifying exactly how Hater service Will be prol;i ded. Soils/Erosion Control: (3) The tentative rnap approval shall require submission of an erosion control plan prior to final map epproval. The erosion plan shall be submitted for review and approved by the Plann;n, Director and City Engineer prior to the final :izp approval or issuance ol a.:, grading peimits. The plan shall specify any work necessary to repair existing erosion problems as well as _ erosion caused by new construction -Ac,.ivity and subsEquent development. Specifically, the plan shall provide or: a) regrading, seeding, fertilizing mulching of all bare or eroded areas; b) sedimentation barriers and reLer►m on devices to contain eroded materials/ seu iment on 'the site; -and c) protection of drainage outlets with rip rap (4) Prior to the issuance of any grading permits or tentative map approval, the a-pl i cant shall s ubmai t water circulation data for the review and approval OT the Planning Director. These data are to Evaluate water quality in th- interior lagoons. (5) Grading shall be limited to the dry season as much as possible. -4- (o) Prior to the issuance of a grading pc-.,Yit, the applicant shall submit, in a fora acceptable to the City Engineer, documentation of the pre -grading Section and depth of the channel and a control point. The applicant shall post bonds to ensure that there is no significant sedimentation of the channel as a result of the grading. If there is significant sedimentation, the applicant stall be requirLd to do corrective grading. (7) Prior to the approval of a grading pennnir or final map, the applicant shall subnit a detailed soils report for review and. approval by the City's Geotechnical Peview Board. The soils report shall be a Level "C" investi- S:tion as required on pace 17 of the General Plan. Circulation: (2) The applicant shall olf er ;or dedication an 8 -foot -wide bicycle path paralleling the railroad right-of-way. The path is to extend from the main project entry road:ay to Smith Ranch Road. (9) If the site is not annexed to Flood Control Zone 7, the CC&Rs shall Jprovide for the maintenance of the levee height by the residential develop- ment protected by the levee. Should the homeowners association fail to maintain the levee at an elevation of +9 HSL elevation, the City shall be empowered to provide needed maintenance and place a lien against the association to recover all costs. (10) Prior to Design Review approval for the office development, the applicant shall meet with the Marin County Parks and Recreation Director to discuss the potential for the County to use the office parking lot to supplement parking for Marin Center during peak periods. (11) A study shall be conducted by a registered civil ' engineer to determine the siltation rate of the proposed interior lagoons and the frequency with which they will have to be dredged. Prior to approval of a final subdivision map, responsibility shall be established for dredging of the lagoons as well as for maintenance of the entire drainage and -water circulation system, (12) The developer shall be responsible for the installation of street lights on the Civic Center Drive frontage. Type of light and manner of placement shall be similar to existing lights fronting the Marin Center complex. (13) The Gallinas Creek water way and remaining undeveloped marshlands shall be dedicated to the public for acceptance by the County of Marin, Marin County Open Space District and/or City. The dedication shall reserve the exclusive right for the 28 homes on the easternmost edge of the project to construct boat docks in the creek subject to the approved master plan for boat docks. The exact boundaries of these parcels shall be determined at the time of the final map preparation after consultation with the County of Marin Cirectors of Planning,'Public Works and Parks & Recreation. If this dedication includes the levee top and perimeter levee road, appropriate maintenance easements shall be provided for the homeowners' association or Flood Control Zone 7, if annexed.