Zoning/General Plan/Hamilton Master Plan
Both sites are designated in the Novato General Plan for Parkland and Open Space.
Definition of Parkland:
“Existing and undeveloped active and passive parks, recreation areas, and community playfields. Permitted uses include shelters, rest rooms, storage sheds, other structures needed to accommodate public use or provide for maintenance of the land, and cultural and recreational facilities.”
Definition of Open Space:
“Publically-owned land that is largely unimproved and devoted to the preservation of natural resources, outdoor recreation, floodways and flood control, and the maintenance of public health and safety.”
Both sites are zoned PD (Planned Development). This requires City Council approval of detailed, site-specific zoning regulations which will define the allowable uses for the properties, restrictions on operations (e.g., hours of operation, noise levels, etc.), and a site development plan.
The New Hamilton Partners Master Plan identifies these sites for Open Space/Recreation. No definitions were included.
Disclosure Document and CC&Rs
The City required that all purchasers of property in the Newport and Sunny Cove (formerly known as “Hamilton Meadows”) neighborhoods receive and sign a disclosure document which included information about former soil contamination and both existing and future development surrounding these neighborhoods, including the anticipated recreational development. (disclosure full text)
Proposed Hamilton Community Park Final Report
In anticipation of the redevelopment opportunities provided by reuse of Hamilton Field, the City Council in 1999 appointed an Ad Hoc Steering Committee comprised of 30 representatives of 25 community groups to identify future uses for a community park in the vicinity of the former base landfill. The process of preparing the conceptual plan included holding six public meetings. The Committee presented their conceptual plan for comments to the Parks, Recreation and Civic Arts Committee and to the City Council in June and August, 1999. Since an environmental assessment under the California Environmental Quality Act (CEQA) was not prepared for the conceptual plan, the City Council accepted the Committee’s work without formal adoption. This conceptual park plan was prepared as an example of what might be constructed as part of a recreation facility, but does not represent what may actually be proposed and applied for.
U.S. Army Easement
July 2012: RHM Development, LLC obtained a perpetual easement from the U.S. Army for parcel 157-180-71 (which includes the 26-acre former Landfill 26] for “constructing and maintaining certain recreational facilities and similar improvements, including, but not limited to athletic fields, roads, trails, walkways, and parking facilities, which are subject to the Grantor’s requirements for construction, operation, and maintenance of the Property as a Class II Landfill…” The easement includes a provision that, “following a development and construction period of five (5) years from the date of execution (i.e., July 16, 2017), this easement may be terminated by the Secretary [of the Army] upon 30 days written notice to the Grantee for non-use for a period of four (4) years.”