820 BEL MARIN KEYS BOULEVARD, NOVATO ASSESSOR'S PARCEL * * * * * * * * * * * * * * * * * * * * * * * *

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1 ORDINANCE NO. ORDINANCE OF THE MARIN COUNTY BOARD OF SUPERVISORS AMENDING TITLE 22 OF THE MARIN COUNTY CODE, THEREBY APPROVING THE COUNTY-INITIATED REZONING (RZ 06-01) FOR THE BRAHMA KUMARIS WORLD SPIRITUAL ORGANIZATION MEDITATION CENTER MASTER PLAN WAIVER, PRECISE DEVELOPMENT PLAN (PDP 05-08) AND USE PERMIT (UP 05-45) AND REZONING ASSESSOR S PARCEL FROM BFC-RSP-0.5 TO BFC-ARP-2.0 SECTION I: FINDINGS 820 BEL MARIN KEYS BOULEVARD, NOVATO ASSESSOR'S PARCEL * * * * * * * * * * * * * * * * * * * * * * * * I. WHEREAS the applicants are proposing to convert the existing structures and residential use on the property to a religious and meditation retreat center with residential facilities for staff and over-night dormitory facilities for guests for the Brahma Kumaris World Spiritual Organization. The existing 2,634 square foot garage and sleeping quarter s structure will be converted to a two-story dormitory facility with a meditation room, storage room and one disability access compliance dormitory bedroom on the first floor and four dormitory rooms on the second floor. The existing 3,081 square foot cookhouse structure will be remodeled into a 1,825 square foot kitchen, dining room, office, meditation room, with construction of a 1,250 square foot pantry, staff room and lounge addition, with the capability of creating an approximately 1,400 square foot assembly room. The existing 2,137 square foot, single-story bunkhouse, with five bedrooms, will house staff personnel. The existing 5,256 square foot, two-story single-family residence, with four bedrooms, also will house staff personnel. Two existing mobile homes will be removed. The Novato Sanitary District will provide sewer service to the property. The project includes construction of a new circular one-way ingress asphalted driveway at the southwest corner of the site connecting to the existing driveway, where it will become a two-way driveway up to the courtyard. The project includes recordation of a Private Agricultural and Open Space Preservation Agreement to protect 3.2 acres in open space and agricultural/garden lands. The applicant proposes weekday and weekend activities, limited to 40 guests, and weekend retreats and special events, limited to 100 guests, open to the public. The County proposes Rezoning the property from a Bayfront Conservation-Single-family Residential, Planned District, one dwelling unit per two acres maximum density (BFC- RSP-0.5) to Bayfront Conservation- Agriculture, Residential, Planned District, one dwelling unit per two acres maximum density (BFC-ARP-2.0), for consistency with the Countywide Plan land use designation, one dwelling unit per two to ten acres (AGC-3). The subject property is located at 820 Bel Marin Keys Boulevard, Novato, on property further identified as Assessor s Parcels II. WHEREAS the Marin County Planning Commission held a duly noticed public hearing on April 24, 2006 to review and consider testimony in favor of, and against, the proposed Mitigated Negative Declaration of Environmental Impact and found, subject to the recommended mitigation and monitoring measures and the recommended conditions of project approval, that this project will not result in any potential, significant environmental Page 1 of 5

2 impacts, and qualifies for a Mitigated Negative Declaration of Environmental Impact in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the County s CEQA process and passed a Resolution recommending adoption by the Board of Supervisors of a Mitigated Negative Declaration of Environmental Impact and Mitigation, Monitoring and Reporting Program for the proposed project. III. IV. WHEREAS the Marin County Planning Commission found that the County initiated a Rezoning of the property in connection with the Brahma Kumaris World Spiritual Organization Meditation Center project. The County-initiated Rezoning seeks approval to rezone the property from BFC-RSP-0.5 (Bayfront Conservation Single-family Residential, Planned District, one dwelling unit per two acres maximum density) to BFC- ARP-2.0 (Bayfront Conservation Agricultural, Residential, Planned District, one dwelling unit per two acres maximum density). A Rezoning approval is required for consistency with the Countywide Plan Land Use Designation of AGC-3 (City-Centered Corridor, Agriculture and Conservation, one dwelling unit per two to ten acres) and to allow within the BFC- ARP-2.0 zoning district the proposed conversion of an existing residentially-developed parcel to a residential religious and meditation retreat center with staff residential facilities and over-night dormitory facilities for guests, subject to the approval of a Precise Development Plan and grant of a Use Permit. WHEREAS the Marin County Planning Commission held a duly-noted public hearing on April 24, 2006 to consider the merits of the proposed Rezoning, and hear testimony in favor of, and in opposition to, the Rezoning and found that the proposed Rezoning is consistent with the pertinent policies contained in the Marin Countywide Plan (CWP). V. WHEREAS the Marin County Planning Commission found that the proposed Rezoning would result in a land use and residential density that is appropriate for the 6.9-acre property and the BFC-ARP 2.0 zoning district and will bring the property into consistency with the CWP land use designation of AGC-3. Principally permitted and conditionally permitted uses under the BFC-ARP planned district zoning are defined in Marin County Code, Title 22, Section , Table 2-1. The intent of the ARP planned district zoning is to allow various residential and non-residential development compatible with agricultural uses. VI. WHEREAS the Marin County Planning Commission found that the proposed Rezoning would not adversely impact the public health, safety, and welfare of residents living in the surrounding community and passed a Resolution (Planning Commission PC ) recommending that the Marin County Board of Supervisors enact an Ordinance amending Title 22 (Development Code and Zoning Map) of the Marin County Code. Said amendment would rezone Assessor s Parcel , from BFC-RSP-0.5 (Bayfront Conservation Single-family Residential, Planned District, one dwelling unit per two acres maximum density) to BFC-ARP-2.0 (Bayfront Conservation Agricultural, Residential, Planned District, one dwelling unit per two acres maximum density) pursuant to Marin County Code, Chapter as part of the Brahma Kumaris World Spiritual Organization Meditation Center Master Plan Waiver, Precise Development (PDP 05-08) and Use Permit (UP 05-45) applications. VII. WHEREAS the Marin County Board of Supervisors held a duly-noted public hearing on May 16, 2006 to consider the merits of the proposed Rezoning, and hear testimony in favor of, and in opposition to, the Rezoning and finds that the proposed Rezoning is consistent with the following policies contained in the Marin Countywide Plan (CWP). Page 2 of 5

3 A. The proposed BFC-ARP-2.0 (Bayfront Conservation Agricultural, Residential, Planned District, one dwelling unit per two acres maximum density) is consistent with the Countywide Plan (CWP) Land Use Designation of AGC-3 (City-Centered Corridor, Agriculture and Conservation, one dwelling unit per two to ten acres), and the proposed project will result in a gross average residential density of one dwelling unit per 3.45 acres on the 6.9-acre site within the AGC-3 range of one dwelling unit per two to ten acres. (Policy CD-14.3, Map 1.1) B. The proposed project will not adversely affect the provision of public services for fire protection, roadways, and schools. (Policies EQ-1.1, EQ-3.10, A-1.1) C. The project will not directly or indirectly impact special status species or habitat diversity because the proposed improvements would be located either on or adjacent to previously-developed areas of the property, and the project will be designed to avoid tree removal and or other impacts to wildlife habitat. (Policies EQ-2.87 and EQ-3.6) D. The project will not result in air, water, and noise pollution. (Policy EQ-3.2) E. The project has been designed to avoid hazards associated with earthquakes, erosion, landslides, floods, and fires. (Policy EQ-3.7) F. The project will create a healthful, safe, quiet, and well-designed environment for the residents. (Policy EQ-3.8) G. The project will not result in significant adverse impacts on water supply, fire protection, waste disposal, schools, traffic and circulation, or other services and facilities and will result in a beneficial impact on the social environment of the community through the provision of affordable housing. (Policy EQ-3.9) H. The project will retain the predominant visual qualities for the natural and built environments. (Policy EQ-3.11) I. The project will require minimal native tree removal. (Policy EQ-3.14) J. The project grading will be minimal and will conform to the standards of the Department of Public Works. (Policy EQ-3.16) K. The project will result in development that is in scale with the environmental constraints by siting the improvements away from steep slopes and geologically unstable portions of the property. (Policy EQ-3.25) L. The project will not affect archaeological resources that exist on the site because project approval ensures maximum protection of an archaeological site and includes monitoring of resources on-site during construction and compliance with state and federal requirements for preservation and monitoring of an archaeological site. (Policy EQ 3.29) M. The project will not cause a deterioration of congestion levels in surrounding roadways below a Level of Service D. (Policy T1.1) Page 3 of 5

4 N. The project will provide affordable housing to residential staff personnel who are not charged rent for housing accommodations. VIII. WHEREAS the Marin County Board of Supervisors finds that the proposed Rezoning would result in a land use and residential density that is appropriate for the 6.9-acre property and the BFC-ARP 2.0 zoning district and will bring the property into consistency with the CWP land use designation of AGC-3. Principally permitted and conditionally permitted uses under the BFC-ARP planned district zoning are defined in Marin County Code, Title 22, Section , Table 2-1. The intent of the ARP planned district zoning is to allow various residential and non-residential development compatible with agricultural uses. IX. WHEREAS the Marin County Board of Supervisors finds that the proposed Rezoning would not adversely impact the public health, safety, and welfare of residents living in the surrounding community for the reasons listed. A. The project will be served by public safety personnel and equipment, as well as utilities and services with access from Bel Marin Keys Boulevard. B. The development site is not impacted by hazardous materials, or natural hazards, such as flooding. C. The project site contains adequate, unconstrained areas for the existing and proposed improvements and related on-site circulation and parking areas. D. The proposed improvements and uses will not cause serious public health problems. Potential public health issues have been addressed by the abandonment of all on-site septic systems in compliance with the standards of the Marin County Community Development Agency, Environmental Health Services Division and the hook-up to public sanitary facilities provided by the Novato Sanitary District. E. The proposed project will not impact views of the surrounding open space lands and preserves as seen from off-site public and private viewing points, including San Pablo Bay. In addition, the project implements appropriate architectural forms, style, exterior colors and materials, and substantial landscaping, compatible with the surrounding natural environment and consistent with the neighboring community. F. The project includes a 50-foot wide Stream Conservation Area (SCA) with all development located outside of the SCA and providing adequate setbacks from the ephemeral watercourse that runs adjacent to the property on the Lands of the State of California, Coastal Conservancy. G. The project will not result in noise impacts to the surrounding neighborhood created by special events. H. The project will provided adequate on-site parking, and will not result in traffic or parking congestion. I. The project will not result in adverse effects to the surrounding natural environment or the character of the local community. Page 4 of 5

5 SECTION II: ACTION NOW, THEREFORE, BE IT RESOLVED that the Marin County Board of Supervisors hereby adopts an Ordinance amending Title 22 (Development Code and Zoning Map) of the Marin County Code, thereby rezoning Assessor s Parcel , from BFC-RSP-0.5 (Bayfront Conservation Single-family Residential, Planned District, one dwelling unit per two acres maximum density) to BFC-ARP-2.0 (Bayfront Conservation Agricultural, Residential, Planned District, one dwelling unit per two acres maximum density) pursuant to Marin County Code, Chapter as part of the Brahma Kumaris World Spiritual Organization Meditation Center Master Plan Waiver, Precise Development (PDP 05-08) and Use Permit (UP 05-45) applications. SECTION III: EFFECTIVE DATE This Ordinance shall be, and is hereby declared to be, in full force and effect as of thirty (30) days from and after the date of its passage, and shall be published once before the expiration date of fifteen (15) days after its passage, with the names of the Supervisors voting for and against the same in the Marin Independent Journal, a newspaper of general circulation published in the County of Marin. SECTION IV: VOTE PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of Marin held on this th day of 2006 by the following vote: AYES: SUPERVISORS NOES: ABSENT: ATTEST: PRESIDENT, BOARD OF SUPERVISORS CLERK Page 5 of 5

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