HomeMy WebLinkAboutOrdinance 1905 (190 El Cerrito Rezoning)CLERK'S CERTIFICATE
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, and Ex -Officio Clerk of the
Council of said City, do hereby certify that the foregoing:
, 9 0 QM all 0219�&Jlm
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REZONING
CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD) — HILLSIDE
OVERLAY (-H) DISTRICT (PD -H) TO A REVISED PLANNED DEVELOPMENT— HILLSIDE
OVERLAY (PD—H) DISTRICT (ZC11-003) FOR THE SUBDIVISION OF THE SITE INTO TWO
LOTS AND DEVELOPMENT OF ONE NEW SINGLE FAMILY RESIDENCE AT 190 EL
CERRITO AVE (UNTERMANN 2 LOT SUBDIVISION) (APN 011-121-10)
is a true and correct copy of an Ordinances of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 4`h day of June, 2012, a
SUMMARY of Ordinance 1905 was published as required by City Charter in the MARIN
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 18th day of June, 2012, by the following vote, to wit:
AYES COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
19`h day of June, 2012
sf�c vim` C 'gv ectu
ESTHER C. BEIRNE
City Clerk
ORDINANCE NO. 1905
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
REZONING CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD) —
HILLSIDE OVERLAY (-H) DISTRICT (PD -H) TO A REVISED PLANNED
DEVELOPMENT— HILLSIDE OVERLAY (PD—H) DISTRICT (ZC11-003) FOR THE
SUBDIVISION OF THE SITE INTO TWO LOTS AND DEVELOPMENT OF ONE NEW
SINGLE FAMILY RESIDENCE AT 190 EL CERRITO AVE (UNTERMANN 2 LOT
SUBDIVISION) (APN 011-121-10)
WHEREAS, the existing 6.24 -acre site was subdivided from a larger 7.4 acre site in
1988 (S87-13) at which time a 1.17 acre lot now developed with 180 El Cerrito Ave was created
and the subject 6.24 acre site was created; and
WHEREAS, the 6.24 subject site (7.15 gross acres) was developed with the existing
single family home (190 EI Cerrito Ave) based on the approval of Environmental and Design
Review Permit (ED87-54) in 1987;
WHEREAS, as part of the 1992 Zoning Ordinance update, this site was re -designated as
a shell Planned Development - Hillside Overlay District, a designation which was assigned to all
large undeveloped or underdeveloped hillside properties; and
WHEREAS, on June 23, 2011, an application requesting a Planned Development
Rezoning was filed by Al Cornwell of CSW/Stuber-Stroeh on behalf of the property owners Tom
and Merrie Untermann, to the Community Development Department requesting approval of a
Rezoning from a shell PD -H to a revised PD -H with appropriate development regulations to
allow for the subdivision of a single, 6.24 -acre hillside parcel into two lots, with the existing
single family home at 190 EI Cerrito Ave remaining on a 3.24 -acre parcel and a new single
family home proposed on a new 3.0 -acre parcel, and the application was subsequently deemed
complete for processing; and
WHEREAS, the current Planned Development (PD -H) District zoning for this site does
not contain appropriate land use limitations and development standards, as required by Section
14.07.060 of the Zoning Ordinance. PD Rezoning has been initiated to establish the required
development standards for the following: a) subdivision of the one existing 6.24 acre lot (7.15
gross acres) into two lots (3.0 acre and 3.24 acre); b) the development of a single family home on
the newly created 3.0 acre lot, subject to submittal of a formal Design Review Permit application
at a future date; and c) incorporate the existing and previously approved single family
development at 190 EI Cerrito Ave on the 3.24 acre lot, as outlined in Exhibit "B" - Untermann
Land Division - Planned Development District- Hillside Overlay); and
WHEREAS, accompanying applications for a Tentative Parcel Map (TS 11-004) and
Environmental and Design Review Permit (EDI1-047)have been submitted and are being
processed concurrent with the Rezoning application, as required by the Zoning Ordinance; and
WHEREAS, upon review of the subject applications an Initial Study/Mitigated Negative
Declaration was prepared for the project consistent with the requirements of the California
Environmental Quality Act (CEQA); and
WHEREAS, public notice of the Planning Commission hearing was provided through:
a) mailing of public notice to property owners and residents within 300 feet of the site and
interested parties and agencies 20 days in advance of the April 10, 2012 public hearing; b) the
posting of a public hearing notice board on the site for a 20 day period in advance of the April
10, 2012 public hearing; and c) publishing a notice in the Marin Independent Journal on March
24, 2012; and
WHEREAS, by adoption of a separate Resolution (Resolution No.: 12-03), the Planning
Commission has recommended adoption of a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program for the project; and
WHEREAS, by adoption of a separate Resolution (Resolution No.: 12-05), the Planning
Commission has recommended approval of the Tentative Parcel Map (TS11-004)and
Environmental and Design Review Permit (EDI1-047)to the City Council, which approve the
proposed subdivision, site improvements and review the conceputal building plans to ensure that
the new lot can be built in accordance with the Hillside Guidelines and standards; and
WHEREAS, on April 10, 2012, the San Rafael Planning Commission held a duly -
noticed public hearing on the proposed Planned District Rezoning, as required by State law,
accepting all oral and written public testimony and the written report of the Community
Development Department staff reports relevant to the proposal. On a 5-1-1vote (Commissioners
Paul dissenting and Commissioner Pick absent), the Planning Commission adopted Resolution
No. 12-04 recommending to the City Council adoption of the PD Rezoning; and
WHEREAS, on June 4, 2012, the City Council held a public hearing and considered the
Rezoning application to Rezone the subject property from PD -H to PD -H with appropriate
development standards for the proposed project along with responses to public testimony.
WHEREAS, by adoption of separate Resolutions, the City Council adopted the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and the
project applications Environmental and Design Review Permit (ED]1-047)and Tentative Parcel
Map (TS 11-004); and
WHEREAS, the custodian of documents which constitute the record of proceedings
upon which this decision is based, is the Community Development Department.
NOW THEREFORE BE IT RESOLVED, that the City Council hereby makes the
following findings, as required under San Rafael Municipal Code (Zoning Ordinance) Sections
14.07.090 (Planned Development) and 14.27.060 (Amendments) in support of proposed PD
Rezoning to PD -H District for the Untermann Land Division for the subdivision of the 6.24 acre
lot (7.15 gross acres) into two lots as presented in the PD Rezoning map attached as Exhibit "A",
with the PD -H District subject to the land use regulations and development standards outlined in
Exhibit "B" attached hereto as follows:
1. The Development Plan is consistent in principle with the San Rafael General Plan 2020
and other applicable City plans or policies in that the Untermann Land Division -
Planned Development District — Hillside Overlay document includes appropriate
development standards as detailed in the General Plan 2020 Consistency Table (prepared
for the project and included as an exhibit to the April 10, 2012 Staff Report to the
2
Planning Commission) in that the proposed PD rezoning of the 6.24 acre lot (7.15 gross
acres) into two smaller parcels (a 3.0 acre site for new development and 3.24 acre site
for the exiting development at 190 EI Cerrito) would be within the residential density
range allowed by the Hillside Residential Resource General Plan 2020 land use
designation that allows between 0.2 and 0.5 units per gross acre.
2. The project presents a residential development of sustained desirability and stability in
harmony with the character of the surrounding single family residential development and
has provided adequate open space in that: a) the Development Plan as proposed would
cluster the new development and maintain over 67% of the site as a natural state area
preserving and enhancing site resources, including the natural hillside and trees
surrounding the site; b) the site does not have frontage on a public street, but has
adequate access through El Cerrito Ave, a private roadway, and includes appropriate
access rights to provide adequate and safe access to the site; and c) the project design
considers the surrounding hillside setting, bordering open space, and the surrounding
residential, and recreational development and minimizes to the greatest extent possible
impacts to views of hillsides and ridgelines and Mt Tamalpais from public places in that
the building envelope would place any new structure on the lower portion of the site and
is not visible from public vantage points in Downtown or on the south side of the central
San Rafael valley.
The applicant has demonstrated that the proposed residential development, including the
addition of a new single family lot, could be served by public facilities such as sewer,
water, refuse services and other infrastructure resources that currently serve the existing
development and are available to serve the proposed additional new lot. Furthermore, the
new residential use would not induce population growth necessitating additional public
facilities.
4. The residential development would not deviate from typical Zoning Ordinance property
development and parking standards and the Planned Development District land use
regulations and development standards match that which would be required for a lot of
this size under a typical zoning designation.
The auto, bicycle and pedestrian traffic systems presented on the Development Plan is
adequately designed for circulation needs and public safety in that: a) the Development
Plan would front on a private street which would provide access to the closest public
street (Bryn Mawr Dr) and allow residents to access the location of the recreational
facility; b) the emergency vehicle ingress and egress from the development would be
provided through the existing roadway and this has been found to be adequate by the
City of San Rafael Fire and Police Departments; c) the access and site layout has been
reviewed by the appropriate City Departments and has been determined to meet City
standards; and d) ample parking facilities can be provided on the site to accommodate
the 2 covered spaces and 2 guest spaces required for hillside single family residences
fronting streets with less than 26 feet paved width.
6. The public health, safety and welfare are served by the adoption of the proposed PD
District, in that the project as proposed and conditioned: a) would implement recreational
and environmental goals and policies adopted for this site in the San Rafael General Plan
2020; b) would conform to City standards for safety; c) as proposed, and conditioned, it
would be consistent with the recommended mitigation measures presented in the Initial
Study/Mitigated Negative Declaration prepared for this project; and d) would address
project impacts to noise, public safety, design, preservation of open space and
compliance with the Hillside Guidelines through the inclusion of conditions of approval
on the Environmental and Design Review Permit and Tentative Parcel Map.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
HEREBY ORDAIN AS FOLLOWS:
DIVISION 1.
The Zoning Map of the City of San Rafael, California, adopted by reference by Section
14.01.020 of the Municipal Code is amended by reclassifying the following real property from
PD -H (Planned Development— Hillside Overlay) District to PD (Planned Development
Ordinance No. 1905 District. Said property so reclassified is located on the north side of El
Cerrito Ave, San Rafael, as shown on County Assessor's Parcel No. 011-121-10, as shown on the
map attached as Exhibit "A".
I1 [1/ Ry to] `►&A
Any development of this property shall be subject to the conditions outlined Exhibit "B". the
Planned Development District Standards- Untermann Land Division - Planned Development
District- Hillside Overlay 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
section, subsection, sentence, clause, or phrase be declared invalid.
DIVISION 4. A summary of this Ordinance shall be published and a certified copy of the full
text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to
the Council meeting at which it is adopted.
This ordinance shall be in full force and effect thirty (30) days after its final passage, and the
summary of this ordinance shall be published within fifteen (15) days after the adoption, together
with the names of those Councilmembers voting for or against same, in the Marin Independent
Journal, a newspaper of general circulation published and circulated in the City of San Rafael,
County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City
Clerk, a certified copy of the full text of this ordinance amendment,along with the names of those
Councilmembers voting for or against the amendment.
GARY O.1P LLIPS, Mayor
ATTEST:
ESTHER C. BEIRNE, City Clerk
4
The foregoing Ordinance Number 1905 was read and introduced at a regular meeting of
the City Council of the City of San Rafael on the 4"' day of June. 2012 , and ordered
passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough and Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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 on the 18th day of June. 2012
ESTHER C. BEIRNE, City Clerk
Exhibit A: PD Rezoning Map for 190 El Cerrito (APN 0 11- 121 -10)
Exhibit B: Planned Development District Standards- Untermann Land Division - Planned
Development District- Hillside Overlay
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Exhibit A
PD Rezoning Map for 190 EI Cerrito (APN 011-121-10)
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Exhibit A-1
Rezone APN 011-121-10
from PD -H to Revised PD -H
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PD I
Exhibit B
Untermann Land Division
Planned Development District — Hillside Overlay
1. Purpose of Planned Development District - Hillside Overlay
The current Planned Development District — Hillside Overlay (PD -H) covers the
existing single family home and associated structures and site improvements on
a 6.24 acre lot, as well as allows the subdivision of the parcel into one new
additional lot and creation of a single family home. The purpose of the proposed
PD -H for a future 1 single family residential unit is to regulate the development of
a 3.0+/- acre parcel at the end of EI Cerrito Avenue. The PD -H District zoning
classification will ensure the future development of the site is in accordance with
the provisions of the property development regulations. The intent of the PD -H
District is to accomplish the following:
A. To protect public health and safety by minimizing hazards;
B. To encourage preservation of natural hillside features;
C. To ensure adequate emergency access by providing on-site parking;
D. To implement the residential site design policies of the General Plan and
the Hillside Residential Design Guidelines Manual.
E. To allow in the future the addition of second units to the remaining and
proposed lots.
2. Development Standards
The PD -H shall be developed in conformance with the Hillside Design
Guidelines, and the development plans, associated drawings and reports
submitted with the PD as listed in the Exhibits and Reports sections and the
development standards set forth below.
A. Building Stepback
1. A 20' height limit measured from existing grade shall be observed
within all areas within 15' of the maximum building envelope limit.
2. To allow for design flexibility, an encroachment into the street front,
street side and interior side stepback is permitted along 25% of the
building length.
B. Building Setbacks
1. Setbacks shall meet City of San Rafael Hillside Development Overlay
District requirements.
2. Future buildings shall be built within the proposed building envelope,
and no additional setbacks shall be required.
Untermann Land Division — Exhibit B-1
Planned Development District- Hillside Overlay
3. The existing house and site improvements are built within the
proposed building envelope. The setback in the rear is shown as
zero since existing improvements extend to the property line. Future
improvements in this area will be subject to a 10' setback from the
property line.
C. Natural State
1. Everything outside of the proposed building envelope is to remain in
its natural state, except for frontage areas where street access is to
be located.
2. All areas within the proposed envelope can be disturbed pending City
approval.
3. Remaining lot is to remain as is.
D. Minimum Lot Area
1. Existing Lot is 6.24 acres.
2. Proposed Lots are 3.00 acres and 3.24 acres.
3. No further subdivision of parcels as shown on the Tentative Map, to
allow for the creation of additional building sites shall be permitted;
however, this does not preclude the minor adjustment of lot lines
between adjacent parcels.
E. Building Envelopes
1. Per City of San Rafael code, maximum building envelope size is
44,431 square feet (see attached Exhibit 'A' for calculations).
Building envelope proposed is approximately 43,560 square feet.
2. All structures shall be within the building envelopes, per 2.B.1 above.
3. Building Envelope of remaining parcel is 47,986 S.F.
F. Area Outside Building Envelopes
1. Except as noted in F.5, no development outside of building envelope
as shown on Sheet TM1 is being proposed.
2. No additional development within the remaining lot is being proposed
at this time.
3. All trees within this area shall be retained unless removed for health
or safety.
4. No structures, as defined in the San Rafael Zoning Ordinance, shall
be permitted in this area.
5. The area between the front property line (street) and the front of the
building envelope may contain minor improvements essential for: 1)
vehicular access and parking; 2) pedestrian access; 3) residential
services (i.e. postal mail, garbage collection); and 4) needed utility
and drainage facilities. The type, design and appropriateness of any
improvements on the frontage area shall be evaluated and approved
through the Design Review Permit process required for the
development of the single family home.
G. Gross Building Square Footage
1. The maximum permitted gross building square footage of all
structures will meet the requirement of Section 14.12.030(D).
Untermann Land Division - Exhibit B-2
Planned Development District- Hillside Overlay
2. Square footage of existing building footprint is 4,985 +/- square feet.
H. Maximum Building Height
1. Future building heights shall not exceed 30 feet as measured
vertically from the existing grade to the uppermost point of the roof
edge or peak, wall, parapet, mansard or other feature.
2. Chimneys are not included in height calculations.
3. Height of existing building is 18'±
Parking
1. Parking on remaining parcel allows for 2 additional spaces outside of
the drive apron.
2. Two (2) additional guest parking spaces shall be provided (outside
the driveway apron) as shown on Sheet TM1 and Sheet TM2 at time
of future development (preliminary proposal shows four (4) spaces
outside of the drive apron).
J. Landscaping
1. Landscaping shall remain as is for remaining lot.
2. Landscaping shall be required for future development.
3. Planting material shall be consistent with the Hillside Design
Guidelines and planting material contained in the Fire Hazard
Assessment.
K. Tree Removal
1. No trees are to be removed from the remaining lot per this submittal,
unless removed for health or safety.
2. Tree removal within the proposed building envelope shall be kept to a
minimum. Based on the proposed footprint approximately 3 trees
(being a 7" Oak, an 8" Oak, and a 14" Oak) would be removed.
3. Significant trees (any tree which is in good health and form and is
more than 12 inches in diameter as measured 4.5 feet above the root
crown) that are removed shall be replaced at a ratio of 3 new trees for
every tree removed. Minimum tree replacement size shall be 15
gallon. Exception to this requirement may be allowed by the Design
Review Board (i.e. more plantings of smaller size) when site
conditions warrant.
L. Architecture
1. Design of current building is single story ranch style with a Mission
influence.
2. Design of the future residential building shall be consistent with the
requirements of the Hillside Overlay District and Hillside Design
Guidelines.
3. Residential architecture shall create interest in all building facades,
incorporate energy efficient design and utilize colors and materials
judged compatible with the surrounding neighborhood.
4. All fencing shall be consistent with an approved fence plan.
M. SoilImport/Export
Untermann Land Division - Exhibit B-3
Planned Development District- Hillside Overlay
1. Import or export of soil is not permitted for the subdivision
improvements. Cut and fill required for the subdivision shall be
balanced. Should soil import or export be necessary, the amount of
imported/exported material shall be reviewed and approved by the
Planning Commission.
2. The amount of import/export of fill material shall be kept to a
minimum as much as possible with the development of each single
family house and shall be reviewed by the Design Review Board.
3. Uses
A. Permitted
1. Single Family Residential
2. Home Occupations in accordance with the City's Home Occupation
regulations
3. Second Residential Units under 800 sq ft in size
4. Other accessory structures and uses customarily incidental to a
permitted use and contained on the same site in accordance with
Planned Development standards.
B. Conditional Uses
1. Second Residential Units over 800 sq ft in size
2. Other uses allowed with a use permit in single family residential
districts as specified in the San Rafael Zoning Ordinance.
4. Exhibits
Exhibits on file with the Planning Department include the following:
A. Average Slope and Area of Natural State Calculations (Exhibit 'A' Attached)
B. Tentative Map, Sheet TM1
C. Tentative Map, Sheet TM2
5. Reports
Reports on file with the Community Development Department —Planning Division
include the following:
A. Soils Report by GeoEngineering, dated April 29, 2009
B. Preliminary Title Report dated
6. Future Additions, Modifications and Second Units
Future additions and modifications are to be submitted to the City of San Rafael
Planning Department for review. This includes future "in-law" units as allowed by
code.
7. Future Accessory Structures
Untermann Land Division Exhibit B-4
Planned Development District- Hillside Overlay
A. Future accessory structures shall be contained within the building
envelopes provided they are within the maximum gross building square
footage.
B, Future accessory structures shall be placed to the side or rear of
existing or proposed buildings
Unterniann Land Division - Exhibit B-5
Planned Development District- Hillside Overlay
SUMMARY OF ORDINANCE NO. 1905
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
REZONING CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD) —
HILLSIDE OVERLAY (-H) DISTRICT (PD -H) TO A REVISED PLANNED
DEVELOPMENT— HILLSIDE OVERLAY (PD—H) DISTRICT (ZC11-003) FOR THE
SUBDIVISION OF THE SITE INTO TWO LOTS AND DEVELOPMENT OF ONE NEW
SINGLE FAMILY RESIDENCE AT 190 EL CERRITO AVE (UNTERMANN 2 LOT
SUBDIVISION) (APN 011-121-10)
This Summary concerns a proposed ordinance of the City Council of the City of San
Rafael, designated as Ordinance No. 1905, which will amend the City of San Rafael Zoning Map,
adopted by reference by Section 14.01.020 of the San Rafael Municipal Code as detailed in the
complete text and accompanying maps of Ordinance No. 1905. Ordinance No. 1905 is scheduled
for adoption by the San Rafael City Council at its regular meeting of June 18, 2012. The City
Clerk has been directed to publish this Summary pursuant to City Charter and California
Government Code section 36933(c)(1).
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
This Ordinance amends the Zoning Map of the City of San Rafael to reclassify certain
real property located at 190 El Cerrito Ave (APN 011-121-10) in the City of San Rafael, Marin
County, California, from Planned Development - Hillside Overlay (PD -H) District to Planned
Development — Hillside Overlay (PD-1905-H)District. The PD 1905-H allows for the
subdivision of the 6.24 acre site, currently developed with a single family home, into two lots
(3.24 acres and 3.0 acres) and allows the development of a new single family home on the new
3.0 acre lot.
For a complete copy of the text of the Ordinance amending the Municipal Code, please
contact the City Clerk at (415) 485-3066 or the Community Development Department, Planning
Division at (415) 485-3085. Copies of the Ordinance containing this Municipal Code amendment
are also available for public review as of Wednesday June 13, 2012, at the San Rafael City
Clerk's office, 1400 Fifth Avenue, 2"d Floor, Room 209, during regular business hours, 8:30 a.m.
to 5:00 p.m.
/s/ Esther C. Beirne
ESTHER C. BElRNE
San Rafael City Clerk
Marin Independent Journal
Legal No. 0004477882
150 Alameda del Prado
SUMMARY OF ORDINANCE NO. 1905
PO BOX 6150
AN ORDINANCE OF THE CITY COUNCIL OF THE CRY
Novato, California 94948-1535
OFSAN RAFAEL REZONINO CERTAIN REAL PROPER -
TY FROM PLANNED DEVELOPMENT (PD) • HILLSIDE
415 382-7335
( )
OVERLAY (-)0 DISTRICT (PD -H) TO A REVISED
PLANNED GEN)HILLSIDE OVERLAY (pD-
legals@marinij.com
H) DISTRICT (ZC11-003) FOR THE SUBDIVISION OF
THE SITE INTO TWO LOTS AND DEVELOPMENT OF
ONE NEW SINGLE FAMILY RESIDENCE AT 190 EL
CERRITO AVE (UNTERMANN 2 LOT SUBDIVISION)
(APN 011-121.10)
SAN RAFAEL,CITY OF
This Summary concerns a proposed ordinance of
the City Council of the City ci San Rafael, desig-
PO BOX 151560/CITY CLERK, DEPT OF PUBLIC
nated as ordinance No. 1905 which will amend
the City of San Rafael Zoning Map, adopted by ref-
by Section 14.01.020 of the San Rafael Mu-
WORKS,1400 FIFTH AVE
erence
niclpal Codennags detailed in the complete text and
SAN RAFAEL CA 94915-1560
nance No y125rIs scheduuled for adoptionn by
1 am a citizen of the United States and a resident of the County
the
San Rafael City Council at Its regular meeting of
June 18, 2012. The City Clerk has been directed to
PROOFOF PUBLICATIONdnU
36933(c)(j)omia auvemmen[ �uue sec[wn
(2015.5 C.C.P.)
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
This Ordinance amends the Zoning Map of the
City of San Rafael to reclassify certain realgrop-
erty located at 190 EI Cerrito Ave (APN 011.121.10)
In
STATE OF CALIFORNIA
Marin County, California,
of San Development
the PCitylanned
from Planned Develo ment - HIIlside Overlay (PD-
H) District to Planned Development - HIIlside
County of Marin
Overlay (M1905 -H) District The PD 1905-H allows
for the subdivision of the 6.24 acre site, currently
developed with a single family home, Into two lots
(3.24 3.0 the develop-
acres and acres) and allows
ment of a new single family home on the new 3.0
FILE NO. 0004477882
acreloL
For a complete copy of the text of the Ordinance
amending the Municipal Code, please contact the
City Clerk at (415) 485.3066 or the Community De -
ment Department Planning Division at (415
1 am a citizen of the United States and a resident of the County
vel
485085. Copies of the Ordinance contalninp this
Municipal Code amendment are also available for
aforesaid: I am over thea a of eighteen ears, and not a to
9 9 Y party
public review as of Wednesday June 13, 2012, at
San City Clerks 1400 Fifth Ave-
or interested in the above matter. I am the principal clerk of the
the Rafael office,
nue, 2nd Floor, Room 209, during regular business
printer of the MARIN INDEPENDENT JOURNAL, a newspaper of
hours, 830 am. toS:00p.m.
general circulation, printed and published daily in the County of
/s/ Esther C. Belme
Marin, and which newspaper has been adjudged a newspaper of
ESTHER C. BEIRNE
San Rafael City Clerk
general circulation by the Superior Court of the County of Marin,
State of California, under date of FEBRUARY 7, 1955, CASE
CLEMCERTIFICATE
NUMBER 25566; that the notice, of which the annexed Is arinted
I, ESTHER C. BEIRNE, Clerk of the City of San Ra-
fael, and Ex -Officio Clerk of the Council of said
copy (set in type not smaller than nonpareil), has been published in
city, do hereby certify that the foregoing:
each regular and entire issue of said newspaper and not in any
ORDINANCE NO. 1906
supplement thereof on the following dates, to -wit:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL REZONING CERTAIN REAL PROPER-
TY FROM PLANNED DEVELOPMENT (PD) • HILLSIDE
6122/2012
ANEDEVOPIANNDEVELOPMENT-
DE
HILLSIRICT
OVERLAY (PD-
H) DISTRICT (ZCII-003) FOR THE SUBDIVISION OF
THE SITE INTO TWO LOTS AND DEVELOPMENT OF
ONE NEW SINGLE FAMILY RESIDENCE AT 190 EL
CERRITO AVE (UNTERMANN 2 LOT SUBDIVISION)
(APN 011.121.10)
Is a true and correct copy of an Ordinances of
said City, and was Introduced at a REGULAR meet-
ing of the City Council of the City of San Rafael
held on the 4fh day JuneublIs , 2012, aGSUMMARY of
Ordinance was pof
as ENT JOURNAL, a
Charter In the MARIN INDEPENDd
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 18th day of June, 2012, by
the following vote, to wit:
AYES COUNCILMEMBERS: Connolly, Heller
Levine, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
City
seal of the of San Rafael this
19th day of lune, 2012
ESTHER C. BEIRNE,
City clerk
I certify (or declare) under the penalty of perjury that the foregoing
is true and correct.
no. 944 June 22, 2012
Dated this 22th day of June, 2012.
T _�J_s
Signature
PROOF OF PUBLICATION
113
Marin Independent Journal
150 Alameda del Prado
PO Box 6150
Novato, California 94948-1535
(415) 382-7335
legals®marinij.com
SAN RAFAEL,CITY OF
PO BOX 151560/CITY CLERK, DEPT OF PUBLIC
WORKS, 1400 FIFTH AVE
SAN RAFAEL CA 94915-1560
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Marin
FILE NO. 0004466533
I am a citizen of the United States and a resident of the County
aforesaid: I am over the age of eighteen years, and not a party to
or interested in the above matter. I am the principal clerk of the
printer of the MARIN INDEPENDENT JOURNAL, a newspaper of
general circulation, printed and published dally in the County of
Marin, and which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of Marin,
State of California, under date of FEBRUARY 7, 1955, CASE
NUMBER 25566; that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not in any
supplement thereof on the following dates, to -wit:
6/12/2012
I certify (or declare) under the penalty of perjury that the foregoing
is true and correct.
Dated this 13th day of June, 2012.
Signature
PROOF OF PUBLICATION
Legal No. 0004466533
SUMMARY OF ORDINANCE N0.1905
AN ORDINANCE OF THE CiTY COUNCIL OF THE CRY
OF SAN RAFAEL REZONING CERrAIN REAL PROPER-
TY FROM PLANNED DEVELOPMENT ) • HILLSIDE
OVERLAY (• DISTRICT (PDH) TO A REVISED
PLANNED DEVELOPMENT HILLSIDE OVERLAY (PD-
H)
PDH) DISTRICT (ZC11.003) FOR THE SUBDIVISION OF
THE SRE INTO TWO LOTS AND DEVELOPMEN"Ir OF
ONE NEW SINGLE FAMILY RESIDENCE AT 190 EL
CERRRO AVE (WO11! 2 LAT SUBDIVISON)
(APN 011.121.10)
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
This Ordinance amends the zoning Map of
the
eerittyy Io�t�edRat�1901 Eol C�erlrito A�ve�(APfd OMT -121-1D)
In the City of San Rafael, Marin County CaIHomla,
from Planned Development - Hlllside OverinY (PD
H) District to Planned Development •Hillside
Overlay (PD 1905-H) District The PD 1905-H allows
for the subdivision of the 624 acre site, currently
developed with a single family home, into two lots
(3.24 aces And 3.0 acres) and allows the develop-
ment of a new single family home on the new 3J0
acre lot
For a conm�plete copy of the text
�of the Ordinance
City Clerk the
4( 115) 4485.30 Code, the Com ease unnh�v DDe-
velopment DeDarbnent, Planning Division at (415)
485.3085 Coples of the Ordinance containin tfi
Municipal lode amendment are also available for
public review as of Wednesday June 13, 2012, at
the Sen RafaelCity Clerk's office, 1400 Fifth Ave-
nue, 2nd Floor, Room 209, during regular business
hours, 830 a.m. to 5:00 p.m.
/s/ Esther C. Beime
Sen Rafael Clay Clerk
noA93 June 12, 2012