HomeMy WebLinkAboutOrdinance 1397 (Biscayne Dr & Pt. San Pedro Rd.)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. 1397 entitled:
AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL PROPERTY
FROM THE P -C (PLANNED COMMUNITY) DISTRICT TO THE P -D (PLANNED DEVELOP-
MENT) DISTRICT (N. of Biscayne Drive and W. of Pt. San Pedro Road)
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 sixth day of
July , 1981, 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 twentieth day of July 1981, by the following
vote, to wit:
AYES: COUNCILMEMBERS:Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEb1BERS : None
ABSENT: COUNCILMEMBERS:None
WITNESS my hand and the official seal
of the City of San Rafael this
sixth day of August
1981.
JE N
�,cj�tyC�jerk�
�i�LEONCINI
ORDINANCE NO. 1397
AN ORDINANCE OF THE CITY OF SAN RAFAEL
REZONING CERTAIN REAL PROPERTY FROM THE
P -E (PLANNED COMMUNITY)DISTRICT TO THE
P -D (PLANNED DEVELOPMENZ DISTRICT
(N. of Biscayne Drive and W. of Pt. San Pedro Road)
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
Municipal Code is amended by rezoning the following described
real property from P -C (Planned Community) District to P -D
(Planned Development) District. Said property known as the
New York Cal Development Corporation property, containing
approximately 168 acres so rezoned is located generally north of
Biscayne Drive and west of Point San Pedro Road and shown as
County Assessor's Parcels 186-47-13, 14 & 79 and 186-48-01.
DIVISION 2. Any development of the New York -Cal
property shall be subject to the Master Plan and Conditions
approved in conjunction with this action and labeled as Z81-7.
The conditions, marked as "Exhibit 1" (attached hereto) are made
a part hereof by reference. Development shall also be subject
to submittal of a specific development plan, consistent with
those conditions and subject to recommendation by the Planning
Commission and final action by the City Council.
DIVISION 3. This zoning shall become effective in
accordance with Section 65859 of the Government Code of the
State of California.
LAWREACh E. MULRYAN, Mayor
Attest:
�yv
6EAZ��.LE6NLNI,rk
22 A/27
T? !r -N -.� N
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ORDINANCE NO. 1397
The foregoing Ordinance No. 139.7 was read and
introduced at a regular meeting of the City Council of
the City of San Rafael, held on the sixth day of Julv
1981, and ordered passed to print by the following vote, to
wit:
AYES: COUNCILMEMBERS: Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
ABSTAINED:COUNCILMEMBERS:Miskimen
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 day of Julv 20 , 1981.
22 A/27
Q
EANNE M. LEONCINI, City Clerk
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EXHIBIT I
MASTER PLAN CONDITIONS FOR THE NEW YORK -CAL
PLANNED DEVELOPMENT DISTRICT
(Z81-7)
A. General
This 168.2 acre parcel shall be developed in accordance with all standards
specified for the site set forth in the December 15, 1980, Peacock Gap
Neighborhood Plan. These standards are listed in (B.) below.
The parcel may be developed with up to 12 condominium units within
Development Envelope A, 41 single family units within Development Envelope
B, 50 townhouse units within Development Envelope C, and 27 garden apart-
ment condominiums within Development Envelope D as shown on the attached
map (Exhibit A) taken from Map P2 of the adopted Neighborhood Plan.
B. Specific Development Conditions
The following development standards from the Peacock Gap Neighborhood Plan
are specifically added here as conditions of this Planned Development
Zoning Master Plan Map. Page references and Maps P2, P3 and P4 below are
located in the Peacock Gap Neighborhood Plan adopted by the City Council
December 15, 1980.
Development Location
1. Open space areas delineated on Map P2 are to be offered for dedication
in fee simple to the City of San Rafael or at the option of the City
Council placed in a perpetual Open Space easement. (Page 2.)
2. No foundations are to be located above an elevation of 125 feet. (Page 2.)
3. New development is to be within the envelopes delineated on Map P2.
(Page 2.) Map P2 is somewhat schematic, therefore, consistency with goal
objectives and plan text shall be the definitive test applied to proposed
projects during the City development review process. (Page 13.)
4. No construction shall be allowed on any ridge shown on Map P4. (Page 16.)
5. The oak, eucalyptus and mixed woodlands shown on Map P4 shall be preserved
to the maximum extent possible. (Page 16.)
6. The major view corridor ("The Gap") identified on the lands of New York
California Industrial Corporation north of the golf course and views to
the golf course from the extension of Biscayne Drive shall be preserved.
(Page 2.) If a new sewer pump station is needed in "The Gap" view area,
it shall be located below grade. (Page 15.)
Single Family Development Area
7. Up to 41 single family homes shall be allowed to be located in Development
Envelope B (Exhibit A) surrounding the Brick Barn. (Page 4.)
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8. New single family house designs shall be compatible with existing single
family detached home construction in the area. (Page 14.)
9. City design review shall be required for all structures with foundations
above the 100 foot elevation contour. (Page 15.)
10. Height limits are 30 feet, except new single family detached units
immediately adjacent to the Peacock Gap golf course shall be limited to
one story (20 feet) in height or subject to environmental design review.
Any other buildings subject to design review may also be limited to a
height less than 30 feet if necessary to implement policy of the Peacock
Gap Neighborhood Plan. This condition also applies to the Brick Barn
and Townhouse/Garden Apartment development. (Page 35.)
11. Permitted uses in the 41 unit Development Envelope B (Exhibit A) are:
single family dwellings; accessory buildings (which contain no kitchen)
constructed simultaneously with or subsequent to the main building on the
same lot, and home occupations which comply with the provisions of Chapter
14.74. (Page 35.)
12. Only one building for one family shall be erected on any one lot,
regardless of lot size unless specifically approved by the Planning
Commission or City Council to implement housing policies of the
Neighborhood Plan. (Page 35.)
13. Minimim required building setbacks are 25 feet (front yard), 10 feet
(side yards), and 25 feet (rear yard). At the time of tentative map
approvals, determinations shall be made to ensure adequate garage
setbacks and staggering and variation of front setbacks.
(Page 36.)
Brick Barn Area
14. Adaptive use of the brick barn as a residential complex with up to 12 units
is allowed. (Page 4.)
15. The historic and architectural character of the Brick Barn Complex and
environs shall be preserved during conversion of the barn to residential
use.
16. The Brick Barn complex must be approved prior to or concurrently with
the surrounding single family detached development. (Page 33.)
Neighborhood Park
17. Approximately four acres shall be dedicated to the City and combined
with a parcel to be dedicated from American Savings and Loan Parcel 1 to
create a new neighborhood park of six to seven acres. (Page 4.)
18. A park development fund of $700,000 shall be established to provide
physical improvement of the park site. Developers shall pay their propor-
tionate share of this total based on their projects' percentages of the
total units to be built in the neighborhood. (Refer to Appendix B for
apportionment methodology and calculations for the park development fund.)
(Page 17.)
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19. Pedestrian access to Open Space and park areas shall be provided consistent
with Map P4. (Page 17.)
20. An emergency access road through the proposed neighborhood park shall be
established for emergency vehicle use only. (Page 2.) The road shall be
at least 12 feet wide and capable of supporting a fully -loaded fire
engine (40,000 pounds); temporary emergency vehicle access meetng these
standards shall be provided at the time of development of Parcel 1 or 2,
whichever occurs first. (Page 13.)
Townhouse and Garden Apartment Development Envelopes
21. A 50 unit townhouse complex shall be allowed in Development Envelope C
(Exhibit A) north of the present terminus of Biscayne Drive. (Page 5.)
22. The existing garden units complex shall be expanded by up to 27 units
of similar design with access off of Biscayne Drive. Development shall
be contained within Development Envelope D (Exhibit A). (Page 5.)
23. Future townhouse and condominium developments shall compliment existing
single family and townhouse designs in the area. Units shall have garden
type settings. Techniques such as varying building heights and setbacks,
landscaping for screening effects and judicious use of various exterior
materials shall be employed to minimize the bulk of townhouse complexes.
Outdoor parking areas shall be screened with landscaping. Environmental
design review shall be required for all new townhouse and condominium
development. (Page 15.)
Public Services and Facilities
24. New services and facilities are to be provided by the new development
necessitating them. (Page 10.)
25. Additional water storage facilities will be needed to serve new
development. Appropriate design considerations shall be given to
minimize the visual impacts of these facilities. (Page 31.)
26. Wastewater treatment facilities need to be expanded in accord with final
design standards mandated by the Regional Water Quality Control Board.
(Page 31.)
27. Water line and fire hydrant fire flows shall be to the satisfaction of
the San Rafael Fire Department. (Page 19.)
28. Buffer areas composed of fire breaks and/or fire retardant landscaping
shall be provided between development and large open space areas.
Maintenance responsibility for these areas shall be determined at the
time of project approval. (Page 20.)
29. Any application for development of land which currently or potentially
drains into the golf course and/or lagoon shall include hydrologic
studies detailing the following:
(1) Existing capacity of the golf course drainage ditches, lagoon and
associated pumps and gates,
MW
(2) Need for improvements to the existing systems;
(3) Responsibility for maintenance of all elements of the drainage
system.
New development may be approved by the Planning Commission and/or City
Council only if environmental review for individual projects establishes
that adequate hydrologic capacity exists or can be provided. (Page 18.)
30. New development shall conform to Title 18 of the San Rafael Municipal
Code pertaining to "Protection of Flood Hazard Areas". (Page 19.)
31. 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.)
32. As determined by further analysis, new pumps and tide gates may be
needed to deal with the flooding problem on Pt. San Pedro Road. (Page 31.)
33. Biscayne Drive shall be extended consistent with Map P3
of the Peacock Gap Neighborhood Plan. (Page 13.)
34. The existing two lane segment of Point San Pedro Road between Riviera
and Biscayne Drives shall be improved to major arterial standards at the
time of development of Parcel 2 or 3, whichever occurs first. (Page 13.)
35. The developer shall contribute a proportionate share for phased improve-
ments to Point San Pedro Road, out of neighborhood and in neighborhood.
(Page 34.)
36. All future cul-de-sacs shall have minimum 80 -foot diameter turnarounds.
Alternative designs which provide equivalent turnaround capability may
be approved in hillside areas. (Page 20.)
37. A bicycle and pedestrian pathway located adjacent to Biscayne Drive and
connecting to the neighborhood park (refer to Map P3) shall be designed
and constructed concurrent with other development of Parcel 2. The
path shall be improved as a condition of plan approval.
38. Bus shelters should be provided at the time the neighborhood is served
by daily transit. (Page 31.)
39. New subdivisions shall orient units away from Biscayne Drive, or provide
ample setbacks (Page 15), or design units so that non -noise sensitive
rooms are located toward the street (i.e., kitchens, bathrooms, garages).
Grading
40. All applications for development shall include a Level C site investiga-
tion as defined in Table 2 of the San Rafael General Plan. The San Rafael
Geotechnical Review Board shall determine that submitted investigations
are adequate. (Page 18.)
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41. Grading activities should be limited to the dry season, April through
October. Siltation controls shall be required during grading. Immedi-
ately 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.)
42. Grading shall be only that absolutely necessary for proposed development
and repair of significant geologic hazards. (Page 18.)
43. Graded slopes shall be contoured and landscaped to blend with natural
slopes and vegetation. (Page 15.)
Environmental Resources
44. Fresh water marshes and riparian corridors delineated on Map P4 (and
incorporated in the final neighborhood plan shown on Map P2) shall
be protected. (Page 10.)
45. No structures, roads or grading shall occur within the riparian zones
identified on Map P4 (and incorporated in the final neighborhood plan
shown on Map P2) unless compensatory mitigation is provided. A 30
foot setback for structures shall be observed around the riparian
zone. (Pages 16-17.)
46. The marsh areas on Parcel 2 shall not be diminished in total size.
Relocation and consolidation of those marsh areas may be allowed if
necessary to reduce public nuisance potential given proximity to future
residential development. (Page 20.)
47. Minimum 30 foot setbacks shall be required around fresh water marshes.
(Page 20.)
48. Revegetation of existing damaged slopes shall be required at the time
of development approvals on Parcel 2. (Page 16.)
49. Archeological surveys shall be required as part of any major development
application within the neighborhood boundaries. (Page 20.)
50. Known archeological resources shall be protected to the maximum extent
feasible. (Page 21.)
51. 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 21.)
NOTE: Parcel 2 referred to in the Neighborhood Plan and in this ordinance
is being subdivided concurrently with this rezoning into four parcels
which correspond to the three major development envelopes (B, C, and D
in Exhibit A) and the Future Neighborhood Park.
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