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HomeMy WebLinkAboutOrdinance 1515 (Spinnaker on the Bay)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. 1515 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 P -C (PLANNED COMMUNITY) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (Spinnaker on the Bay)" 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 16th day of September , 1985, 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 7th day of October 1 1985, by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this Ninth day of October 1985. JEA LEONCINI, ity Clerk ORDINANCE NO. 1515 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) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (Spinnaker on the Bay) 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 Bellam and Catalina Boulevards, San Rafael, County Assessor's Parcels 9-010-17, 18, 19, 20, 21.;. 9-100-01, 04, 05 and 9-142-13, 24, 26, 53 and more particularly described 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. 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 portions 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 4. 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: I JE ESM. NCI I, ity Clerk DOROTHY L. AREINER, Vice Mayor F � F ORDINANCE NO. 151L, The foregoing Ordinance No. 1515 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 September 1985, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave & Russom NOES: COUNCILMEMBERS: Vice -Mayor Breiner ABSENT: COUNCILMEMBERS: Mayor Mulryan 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 Seventh day of October , 1985. 23 B/30 JE M. LEONCI:9 , ity lerk - 2 - E X H I B I T "A" Development Standards: (a) This P -D zoning shall permit a residential land use at a maximum density of 20 dwelling units per acre for the 30.4 acres of existing land fill and dredge spoils. The 20 acre lagoon and 16.6 acre diked wetland/marsh shall remain undeveloped and are designated as private reserve, not approved for development at this time. The shoreline levee is approved as a shoreline access band. The levee and offshore submerged tidelands shall be dedicated as part of the first subdivision and design review action for the proposed project. To ensure that there is a transition in density and unit design, the two acres immediately south of the Spinnaker Point townhouse development (fronting Catalina Boulevard) shall be developed at a maximum density of 10 du/acre with maximum 2 -story units (designated "A" units). The designated "B" and "C" units can be mixed throughout the remaining portions of the site. (b) Geology/Soils I. No filling of the 20 acre lagoon or the 16.6 acre diked wetland/marsh shall be permitted under this planned development zoning. 2. All land filling and grading shall be in compliance with the measures identified in the soils report prepared for the proposed project by Harding and Lawson Associates, dated September 6, 1983 and listed on pages 25 and 26 of the draft Environmental Impact Report for Spinnaker on the Bay. 3. Buildings, patios, fenced yards, balconies, roof overhangs and architec- tural features shall be setback a minimum of 50 feet measured from the highest waterline of the lagoon (-1.0 MSL) or a minimum of 10 feet from the top of bank at finished grade (+7.0 MSL), whichever is greater. Prior to tentative map or design review approval, the applicant shall be required to provide a report prepared by a qualified biologist substan- tiating that such a setback will not result in significant indirect wildlife impacts associated with endangered species. All construction and grading for seismic safety shall be to the satisfaction of the soils engineer and City Engineer. 4. The amount of imported fill for raising existing land fill and spoils area to comply with City flood protection standards is limited to approximately 160,000 cubic yards of import. A use permit shall be obtained from the City for all filling/grading activities. 5. A comprehensive erosion and sediment control plan shall be submitted prior to issuance of grading permits. The plan shall include areas for stockpiling and a watering/sprinklering plan to minimize dust gener- ation. 6. A truck route for importing fill materials shall be established by the City Engineer prior to issuance of a grading permit. Bonding for wheel loads shall be required. 7. Hours of operation for grading and importing materials shall be limited to between 7:30 a.m. to 3:30 p.m., Monday through Friday in order to limit noise and traffic impacts. 8. Any necessary street cleaning as a result of spills fill material shall be the responsibility of the developer. Failure to clean up the debris in the public right of way could result in a stop work order by the City of San Rafael. -1- (c) (d) 9. Prior to issuance of a grading permit by the Public Works Department, the limit line of land fill shall be staked and fenced in the field. The purpose of staking and fencing shall ensure that there is no filling of existing lagoon and wetland areas and to identify the jurisdictional limits of the J.S. Army Corps of Engineers. Hydrology/Drainage 1. Prior to issuance of a grading permit, the applicant shall design and implement an erosion control plan to prevent sediment from entering the lagoon during construction. The plan shall include provisions for items such as sediment detention basins and traps, silt fences and/or hay bales, temporary seeding of dirt piles and distributed soils areas, and watering of loose soil areas on windy days. The plan shall be approved and enforced by the City of San Rafael. 2. In order to provide the benefits of areawide flood plain management, the construction of an interconnector pipeline may be required from the existing Spinnaker lagoon to adjoining properties. The necessity for and details of this interconnector shall be determined by the Public Works Department at the time of the first design review or tentative map. An easement shall be reserved through the development area to accommodate this improvement. The easement shall be located and sized to the satisfaction of the Public Works Department. Water Quality 1. Graded slopes shall be directed away from the lagoon and wetland areas. All runoff from the development except that from the lagoon and levee banks shall be routed into an enclosed drainage system designed with sediment and grease traps to collect urban runoff. Ongoing maintenance of the on-site drainage system shall be incorporated into the CC&Rs of the homeowners association. 2. Storm drains shall be designed with sediment traps. The first hour of winter storm runoff, and all summer runoff from lawns and roadways should be routed directly into San Rafael Bay. This standard is designed to reduce input of residential and landscaping nutrients and oil and grease residues to the lagoon. 3. A detailed water management plan for the lagoon and wetland shall be submitted at the time of the first Design Review application or at the time of Tentative Map review. The plan shall take into consideration the following goals: a) Continual flood control; b) Maintenance of water quality; c) Regulation of water levels; d) Control of siltation; e) Management of the protective habitat area for wildlife; and f) Enforcement of mosquito abatement measures. The plan shall include detailed calculations and information on the timing for cleaning and flushing the lagoon and wetland areas, schedule for monitoring water levels and water quality, the amount of water necessary to offset evaporation, and water necessary to maintain a relatively fresh water lagoon. Ongoing management of the program shall be conducted by a professional firm or agency experienced with biologi- cal and water quality management, with the City governing management for flood control. An advisory committee consisting of members representing wildlife interests, City Public Works Department staff, City Planning Department staff, Mosquito Abatement and homeowners association repre- sentatives who are members of a special maintenance district shall be appointed by the City to oversee the goals and objectives of the ongoing -2- (e) (f) management plan. The plan shall also determine a mechanism for private funding of maintenance such as through homeowners association dues or preferably formation of a special district. 4. The general mosquito abatement measures identified on pages 40 and 41 of the draft EIR for Spinnaker on the Bay shall be implemented through the ongoing water management program identified in condition (f-3), above. The specific measures shall be the least impacting to wildlife values and productivity of the lagoon wetland areas. The specific measures shall be reviewed and approved by the Marin/Sonoma Mosquito Abatement District. 5. Prior to issuance of the first building permits for this project, the developer shall be responsible for providing a general cleanup of the existing lagoon and wetland areas. This general cleanup would include removal of all debris and repair of the existing flap gate located at the south end of the wetland, east of Murphy's Rock, and any other reasonable measures to the satisfaction of the City of San Rafael. The City will consult with the various wildlife agencies/organizations for assistance and guidance. Air Quality 1. The developer shall provide water facilities and employ all measures necessary and as required by the Department of Public Works to reduce dust generation from grading operations. 2. As grading is completed on various portions of the project site, these portions of the site shall be hydroseeded or landscaped, as required by the Public Works and Planning Departments' use and grading permits. Biological Resources 1. A minimum setback of 50 feet from the highest waterline of the lagoon (-1.0 MSL) or 10 feet measured from the top of bank at finished grade (+7.0 MSL) whichever is greater, shall be provided to all buildings, patios, fenced yards, balconies, roof overhangs and architectural features. The protective fence can be located downslope from the top of bank at finished grade, with the precise location determined at the time of design review. 2. A sufficient and specially designed edge treatment shall be required around the south edges of the lagoon and wetland adjacent to the development to mitigate indirect impacts to the Salt Marsh Harvest Mouse. The edge treatment shall include dense landscaping and a 4 -foot - high vinyl clad cyclone -type or similar transparent fence to discourage trespassing around immediate edges of the lagoon and wetland areas. Installation of a 6 -foot -high vinyl clad cyclone -type or similar transparent fence shall also be required along the northern and southern edges of the wetland to eliminate pedestrian access along the dikes within the existing wetland area. Landscaping within the setback area, along with consideration of incorporating all or part of the existing berm, shall be determined at the time of design review. 3. A corridor between the Canalways and Spinnaker wetlands can be provided by lowering the levee separating the two wetlands and providing an elevated bridge for shoreline band access. This corridor shall be provided only if the Canalways site is developed and the shoreline levee (east of the Canalways site) is improved to Title 18, Flood Protection Standards. Design and installation of these corridor improvements shall -3- be the responsibility of the Canalways developer. Prior to issuance of building permits for Phase I, the applicant shall agree in a form ac- ceptable to the City Attorney not to protest installation of this corridor, if the Canalways development occurs. 4 No dedication or enhancement of the lagoon and wetland areas are re- quired as part of this planned development zoning. However. ongoing maintenance and cleanup responsibilities listed as part of these development standards shall be required to maintain this currently productive wildlife habitat area. (g) Traffic/Circulation 1. Traffic mitigation fees for East San Rafael transportation improvements shall be estimated at the time of use permit and design review for each phase of this development. The fees shall be based on trip generation rates of 1.1 trips per dwelling unit over 1,000 square feet in size and .7 trips per dwelling unit for units less than 1,000 square feet in size. 2. Prior to issuance of the first building permits, the developer shall post a bond for the proposed project's share of the cost of a signal at Catalina Boulevard and Bellam Boulevard. The $80,000 projected cost of a signal (to be adjusted by the Lee Saylor building and material index for changes in construction costs since January 1981) shall be divided between the proposed projects as follows: a) Spinnaker on the Bay - 45% b) Canalways - 43% c) City of San Rafael - 12%. If after 8 years (anticipated build out of projects along Bellam Boulevard), warrants demonstrate that a signal is or will be needed, the bonds will be called in and the signal installed. If after 8 years, warrants do not demonstrate that a signal is necessary, the bonds will be released. 3. The proposed project shall be divided into a minimum of three phases of construction. Each phase shall not be limited to a specific size (8 to 9 acres), but shall contain no more than 1/3 of the total number of units allowed in the development area and a maximum density of 20 dwell- ing units per acre. No sequence of phasing is required. Phasing shall be broken down as follows: a) Phase I: Building permits can be issued within the first year of the Planned Development zoning adopted provided that all subsequent City permits are granted within the first year. Construction can begin within the first year without the specific review of traffic capacity or Levels of Service at critical intersections. Building permits and construction that occurs after the first year shall be reviewed to insure that Level of Service E with interim improve- ments at the Bellam intersections can be maintained. b) Phase II: Building permits cannot be issued for one full year (12 months) after building permit issuance of Phase I construction. Building permits can be issued if critical intersections with interim improvements are operating at levels of service acceptable to the City Council. c) Phase III: Building permits cannot be issued for one full year (12 months) after building permit issuance of Phase II construction. Building permits can be issued if critical intersections with interim improvements are operating at levels of service acceptable to the City Council. The initial P -D zoning shall be valid for three years (the estimated time of absorption for presently approved development and projects under -4- (h) construction in East San Rafael to reach Level of Service capacity at critical intersections). Regardless of phasing, after this three year period the City shall review available traffic capacity at critical intersections to determine if a full payment of traffic fees or involve- ment in an assessment district is necessary to fund transportation improvements. This review is intended to strictly review traffic capacity and remedies, not to change any land use or density standards. 4. Bellam Boulevard shall be extended and dedicated to the City of San Rafael. The road right-of-way shall be 100 feet wide to Catalina Boulevard. The road right-of-way shall be reduced to 60 feet wide east of Catalina Boulevard. The road right-of-way shall extend eastward and shall terminate at the east end of the adjacent City -owned parcel, in a cul-de-sac bulb. The City or any other future developer of the adjacent City -owned parcel to the southwest shall be required to participate in the right-of-way dedication and costs for improving the extended Bellam Boulevard. If the East San Rafael Neighborhood Plan recommends a City park at the east end of the Spinnaker site, a roadway shall be designed to extend 500 feet west of the eastern edge of the spoils area. The right-of-way shall be located entirely on the subject property and shall be designed with two travel lanes, two sidewalks, two parking lanes, and two bicycle lanes to the satisfaction of the Public Works Department. Access from the extended Bellam Boulevard to the adjacent Canalways site shall be granted provided that a "payback provision" for Bellam Boulevard improvements be required of the Canalways' developer. A one foot wide non -access strip shall be established between the Bellam Boulevard right-of-way and the Canalways site. The non -access strip shall not be removed for access to Canalways until pay back has occurred. 5. Catalina Boulevard shall be extended and dedicated to the City of San Rafael at a 60 -foot -wide right-of-way width as indicated on the develop- ment plan dated November 12, 1984. There shall be a minimum of 150 feet between the Catalina Boulevard/Bellam Boulevard intersection and the Playa del Rey/Bellam Boulevard intersection. 6. Roadways within the project shall have a 20 -foot minimum unobstructed width. If parallel parking is allowed on one side or both sides, the width shall be no less than 28 or 36 feet, respectively. Private bicycle paths shall be incorporated into the design of the roadways. 7. All turning radii for interior roadways within the project must be a minimum of 45 feet to accommodate the largest fire trucks. 8. Emergency roadway access shall be designed throughout the entire project to the satisfaction of the City Police and Fire Departments. Noise T. All proposed units which front along Bellam Boulevard shall be designed with noise attenuation measures to mitigate potential noise impacts. A noise analysis shall be submitted to the City for review and evaluation prior to issuance of any building permits 2. The developer shall be required to participate in funding initial sound attenuation program for 23 of the 29 Bahia de Rafael townhouse units that would be affected by additional Bellam Boulevard traffic and in- creased noise. The noise attentuation program should include installation of air conditioning units for the 23 townhouse units which face Bellam Boulevard and do not have mechanical ventilation. This improvement is estimated at a cost of $1,500.00 per home (1985). The proposed project's contribution to this program is estimated at $375.00 per unit at 1985 costs. Prior to issuance of the first building permit -5- for the proposed project, the developer would be required to enter into a written agreement acceptable to the City Attorney, to pay and not to exceed the amount of $8,625.00, as adjusted by the Lee Saylor index for inflation. If the Canalways development does not occur and these measures are still required, the amount required of the proposed project shall be $500.00/unit or a total of $11,500.00. Payment would be made when noise levels along Bellam Boulevard reach 65 decibels at the face of the affected townhouse structures. 3. City staff shall periodically monitor traffic volumes along Bellam Boulevard. When the traffic volumes reach the critical point where it is assumed that the noise levels reach 65 decibels along the south facing half of the affected Bahia de Rafael townhouses, a noise consult- ant shall be hired to analyze noise levels and to recommend specific attenuation measures. 4. Prior to issuance of the first building permit, the developer shall agree in a form acceptable to the City Attorney to pay 50% of the noise consultant's fees for preparation of the noise readings taken at the south -facing walls of the 29 Bahia de Rafael townhouses (fronting Bellam Boulevard). 5. When it is determined that noise levels along the south -facing walls of the affected Bahia de Rafael townhouses have reached 65 decibels, the fees for hiring a noise consultant and for implementing specific at- tenuation measures shall be collected from various developers or successors. The City shall distribute the moneys to affected townhouse owners after proof has been submitted that the noise attenuation measures have been installed. 6. Any unused moneys within the noise attenuation fund shall be returned to the developer or successor in interest after two years to allow time for townhouse residents to install the measures. 8. If noise mitigation is determined not to be necessary, all written agreements shall become null and void. 9. 'All grading equipment shall be adequately muffled to minimize potential noise impacts to the surrounding area. 10. All Spinnaker on the Bay units proposed to face Bellam Boulevard shall be designed with noise attenuation measures as recommended by a qualified noise consultant. (i) Land Use/Affordable Housing Element 1. Each phase of the project shall provide a mix of floor plan types with a bedroom mix. At least one-third of the development shall be designed to provide small two-bedroom units of less than 1,000 sq. ft. in size. These specifics shall be reviewed as part of each phase for development. 2. For each phase of the project which has a density of up to 15 dwelling units per acre, a minimum of 10% of the dwelling units shall be affor- dable to median income households (as defined by the San Rafael Housing Element). If the density for any phase is greater than 15 dwelling units per acre, a minimum of 30% of the increment of density over 15 dwelling units per acre be affordable to median income households. The applicant shall apply for financial assistance from the County Housing Authority, Canal Community Alliance, San Francisco Foundation, or similar source to provide up to a 20% ratio of units affordable to median income households. Prior to issuance of the first use and design review permits, an affordable housing package agreement shall be sub- mitted to the City for review and approval by the City Council. The designated below market rate units shall include a pro -rata share of each size and type of unit built and provided in each phase, unless the 'a Council approves in writing a different mix. The above mentioned affor- dability requirements shall apply to the area designated for the 'A' type units, adjacent to the Spinnaker Point townhouse development except that the share of affordable units required for this area of development shall be located in the area designated for the 'B' and 'C' type units, and shall be the type and size of the 'B' and 'C' type units. (3) To provide flexibility in the affordable housing package agreement and consistency with the City's adopted Housing Element, the following housing options/alternatives may be considered; a) Providing in lieu funds to the City's housing fund (housing Element Program A.2) with funds to be reserved for use in Neighborhood 30. b) Participation with the Redevelopment Agency in implementing Housing Element Program A.9, which would use Redevelopment Agency powers to meet housing needs that directly benefit Neighborhood 30. c) Acquisition of rental housing (Housing Element Program B.7) that directly benefits Neighborhood 30. d) Participation in limited equity cooperatives -conversions (Housing Element Program C.3) that directly benefits Neighborhood 30. (j) Open Space/Parks 1. The proposed project shall be subject to in -lieu park dedication fees consistent with the San Rafael Recreation Element. These fees shall be assessed at the time of use permit, design review and/or subdivision approvals for each phase of the development. Some credit shall be given to active recreation areas only, not to passive recreation areas. Active recreation areas are defined as areas providing a recreational facility such as swimming pool, tennis court or club house. 2 The Draft East San Rafael Neighborhood Plan may identify a park site to be located on 4 acres of land fill/spoils area, at the east end of the property. To ensure that this alternative park site can occur, this portion of the site shall be identified as the last phase of development. If this portion of the Spinnaker site is chosen for a public park, park dedication requirements and in -lieu fees for the Spinnaker development shall be assessed at that time. Land dedication and City payment for acres beyond the project's requirements may be necessary. The timing on this dedication and payment will be determined when the park assessment is made. 3 In conjunction with the extension of Bellam Boulevard, a bicycle path shall be installed on both sides of the public street consistent with the City's Recreation Element. This bicycle path shall connect with the shoreline band access. 4. Public parking shall be provided at the east end of Bellam Boulevard, to service shoreline band access. The public parking that is provided shall be no less than 7 vehicle spaces or as required by the East San Rafael Neighborhood Plan. 5. Prior to issuance of the first design review permit, the applicant shall submit detailed plans for public access and shoreline band improvements connecting the terminus of Bellam Boulevard and the shoreline levee. These detailed plans shall be prepared by a landscape architect approved by the City as qualified to do such work and shall include a design for the following: a) An 8 -foot -wide asphalt path and landscaping improvements extending from Bellam Boulevard to the shoreline levee; b) One bicycle rack located at the east end of Bellam Boulevard; -7- c) One bench and one trash enclosure provided for every 400 lineal feet along the access path from the end of Bellam Boulevard to the shoreline levee; d) Public parking for seven vehicles located at the end of Bellam Boulevard; and e) A 30 -foot -wide public access easement measured from the south property line extending from the end of Bellam Boulevard to the shoreline levee, free of buildings, to maintain view corridors to the shoreline. These improvements shall be to the satisfaction of the City of San Rafael. In addition to the above requirements, the top of the shoreline levee shall be paved with an 8 -foot -wide asphalt surface. Three benches and three trash enclosures shall be installed along the shoreline levee to the satisfaction of the City and the Bay Conservation and Development Commission. Installation of the Shoreline Band improvements connecting Bellam Boulevard with the shoreline and shoreline levee improvements shall not be required in connection with construction of the first phase of development to ensure adequate time for BCDC permit approvals. However, if such improvements are not constructed as part of Phase I, a bond, with language and amount acceptable to the City Engineer and City Attorney, must be posted prior to issuance of building permits for Phase I. Furthermore, improvements shall be under construction within one year of posting this bond. 6. Prior to issuance of building permits for the first phase of develop- ment, Assessor's Parcel Numbers 9-142-13, 9-142-53, and 9-142-24 shall be dedicated in -fee for open space purposes. These parcels encompass the shoreline levee, 100 -foot -wide shoreline band, and offshore sub- merged tidelands. The shoreline band and levee shall be dedicated in fee to the City of San Rafael while the offshore submerged tidelands shall be dedicated to the State of California. 7. The specific design for each phase of development shall include view corridors to the lagoon and/or wetland areas consistent with the project EIR and the East San Rafael Neighborhood Plan. These view corridors shall be incorporated into the use permit and design review for each phase of development. The view corridor locations required are as follows: a) A view corridor shall be provided in the design of Phase I from Catalina Boulevard toward the lagoon between the existing Spinnaker Point townhouse units and the designated "A" units; b) A view corridor shall be provided in the design of Phase II from Bellam Boulevard toward the lagoon at the designated "B" units, in the proximity of the second recreation center; and c) A view corridor shall be provided in the design of Phase III at the end of Bellam Boulevard eastward toward the shoreline band and offshore islands. (k) Public Services/Utilities 1. Fire flows must meet the requirements of the Fire Department and will be based on the type of building construction, percentage of exterior openings and the distance between units. 2. To allow faster response by emergency vehicles, an identifier board with a map showing the interior road system shall be placed at each entrance to the project, subject to design review approval. 3. Each entry road shall identify the unit numbers, and each unit number shall be visible from the street and illuminated at night. 4. To the greatest extent possible, unit entryways shall be visible from the street/interior circulation ways. Me 5. Detailed project landscaping plans shall be submitted at the time of design review for each phase. Landscaping shall be designed to provide adequate screening of the buildings and parking from public streets, yet provide adequate visibility and sight distance at driveway entrance ways for proper surveillance by the Police Department. 6. All security hardware on units shall be to the satisfaction of the Police Department. 7. Water conserving devices in all interior plumbing fixtures shall be installed to the satisfaction of the Marin Municipal Water District. 8. Drought tolerant vegetation shall be provided in all landscape areas. 9. The 50 -foot wide setback/buffer required along the edge of the lagoon and wetland shall be designed with landscaping that has been reviewed and approved by a biologist experienced in habitat landscaping and edge treatment of wetland areas. 10. The landscape and irrigation plan for each phase shall consider an efficient drip irrigation system to minimize runoff and erosion and to conserve water. 11. The San Rafael Fire Department shall review the tentative map and reser- voir sizing projected by the Marin Municipal Water District to ensure adequate fire flow for East San Rafael. Given that projected build out in the East San Rafael area will require construction of a two million gallon water tank, the project may be required to participate in the funding of construction of this water tank. This determination shall be made by MMWD prior to issuance of building permits for Phase I. 12. Depending upon actual enrollments at Davidson Middle School, additional classrooms may be required. The school district may assess a "bedroom" tax on this and other residential development if there is a demonstrated significant effect on school capacity. This bedroom tax can be used to provide portable classrooms or additional school facilities. The monies cannot be used for maintenance or operating expenses. (1) Urban Design 1. The project design theme, building materials and colors of all phases of this development shall be compatible with the adjacent Spinnaker Point townhouse development. This theme shall be accompanied by a landscape plan with similar treatment as landscaping at the Spinnaker Point development. 2. Street trees shall be installed along Bellam and Catalina Boulevard, spaced at 30 -foot intervals. These trees shall be installed in conjunc- tion with the construction of the roadway improvements. Variations in the intervals of tree planting may be considered to provide flexibility and interest in the streetscape. 3. In conjunction with the first phase of development, an entry statement (i.e., specialized landscaping, monument type identification signs) shall be designed and installed along Catalina Boulevard, which iden- tifies the adjacent Spinnaker townhouse development. A large entry statement (specialized landscaping and monument type identification sign for Spinnaker) shall be incorporated into the landscape plan at the corner of Bellam and Catalina Boulevard. 4. Unless otherwise recommended by the East San Rafael Neighborhood Plan, three story structures are permitted within the area designated B and C units on the master site plan. However, structures or clusters of units shall be designed so the first building face at the setback immediately fronting Bellam Boulevard, Catalina Boulevard and the lagoon and wetland areas shall be a maximum of two stories in height. Additionally, no three story structures are permitted in the area designated for "A" unit, adjacent to the Spinnaker Point townhouse development. 5. This master plan shall permit a maximum building coverage of 35%. Building coverage shall include residential structures, enclosed recrea- tional structures, parking structures, carports and garages. 6. The individual buildings shall be designed in small clusters in order to minimize mass, bulk, and repetition in design throughout the complex. 7. Building setbacks from the property line along Bellam Boulevard and Catalina Boulevards shall be a minimum of 25 feet for front yard set- backs and 10 feet for side yard setbacks. (m) Other Standards 1. Each phase of construction shall be subject to use and environmental and design review permit approvals. 2. The proposed project shall comply with City of San Rafael condominium standards. These standards include provisions for setbacks, building coverage, parking, etc. Per Chapter 15.52 of the Subdivision Ordinance, the City can consider exceptions to any of the standards if such excep- tions are reasonable and justified. (n) Subsequent use, design review and/or subdivision permits for the first phase of development shall be filed within the first 18 months of adoption of this P -D zoning. If such permit applications are not filed within that specified time, a time extension must be requested. -10- EXHIBIT "B" DESCRIPTION: All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: BEGINNING at the Southeasterly corner of Lot 6 in Block 19, as shown upon that certain map entitled "Map of East San Rafael," recorded January 21, 1908 in Book 2 of Maps at Page 109, Marin County Records, being the Southeasterly corner of the Lands of the San Rafael Redevelopment Agency commonly known as Pickleweed Park, being also the Southwesterly corner of the parcel of Tidelands described in the deed from P. J. Rowland et ux to A. B. Copeland, recorded November 24, 1953 in Book 837 of Official Records at Page 406, Marin County Records; thence South 14021'00" West 1,297.88 feet, along the Easterly boundary of Block 30, as shown upon said "Map of East San Rafael," to the TRUE POINT OF BEGINNING; thence leaving said Easterly boundary along the Southerly boundary of that certain map entitled "Map of San Rafael Cayes, Unit One, San Rafael, California," recorded December 24, 1963 in Book 12 of Maps at Page 55, Marin County Records, South 69032' East 516.67 feet; then North 20028' East 73.58 feet; thence along a tangent curve to the right with a radius of 150 feet through a central angle of 103056'08" a length of 272.10 feet; thence along a tangent curve to the left with a radius of 265 feet through a central angle of 72056'22" a length of 337.36 feet; thence along a tangent curve to the right with a radius of 200 feet through a central angle of 84054'30" a length of 296.38 feet; thence along a tangent curve to the left with a radius of 290 feet through a central angle of 25054'16" a length of 131.12 feet to a tangent point; thence South 69032' East 172.67 feet to the Southeasterly corner of Lot 12, as said lot is shown upon the aforementioned Map of San Rafael Cayes, Unit One; thence along the Easterly boundary of said map North 20028' East 902.82 feet to a point which lies South 69032' East 1,690.24 feet from the reference point of beginning of this description; thence North 20028' East 17.56 feet; thence South 69032' East 14.91 feet; thence along a tangent curve to the right with a radius of 625 feet through a central angle of 61048'01" a length of 674.14 feet to a point in the Northerly line of Tide Lot 17 in Section 2 T.1N. R6W. M.D.B. and M., as shown upon that certain map entitled "Map No. 2 of Salt Marsh and Tide Lands Situate in the County of Marin, State of California, 1870"; thence East 20.68 feet; thence South 1,320 feet to a point in the Southerly line of said Tide Lot 17; thence West 200 feet; thence Southwesterly 250 feet, more or less, to the most Northerly corner of the Lands of Canalways as shown on that certain map entitled "Record of Survey of A Portion of Section 2 & Section 11, T.1N., R.6W., Mount Diablo Meridian" as filed April 9, 1969 in Book 8 of Surveys at Page 28, Marin County Records; thence South 79025' West 1,267.83 feet to the most Easterly corner of the Lands of the City of San Rafael as described in deed from San Rafael Cayes, Inc., a Corporation, to the City of San Rafael recorded March 7, 1968 in Book 2195 of Official Records at Page 214, Marin County Records; thence Northwesterly along the Easterly boundary of said Lands of the City of San Rafael along a curve to the right with a radius of 800 feet through a central angle of 50017'38" a length of 702.24 feet; thence along a tangent curve to the left with a radius of 600 feet through a central angle of 33046'57" a length of 353.77 feet to a point in the Right -of -Way of Bellam Boulevard, said point being distant North 8005' East 61.95 feet from the intersection of the courses North 2003'00" West 92.28 feet and North 8005' East 36.90 feet at the Easterly line of Lot 1 of the map entitled "Map of Bahia de Rafael Industrial Park" as recorded February 13, 1973 in Volume 15 of Maps at Page 54 Marin County Records; thence North 8005' East 477.05 feet; thence North 14021' East 388.62 feet to the True Point of Beginning. Containing 72 Acres, more or less.