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HomeMy WebLinkAboutOrdinance 1581 (The Highlands)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. 1581 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, PROPERTY FROM U (UNCLASSIFED) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (THE HIGHLANDS)" 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 FOURTH day of DECEMBER F 19 89 , 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 EIGHTEENTH day of DECEMBER ► 19 89 by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: Shippey ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this Nineteenth day of December , 19 89 JEANNtI M _, LEONCINI ,City Clerk ORDINANCE NO. 1581 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, PROPERTY FROM U (UNCLASSIFIED) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT. (THE HIGHLANDS) THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1 Findings. 1. Pursuant to Title 14 (Zoning) of the San Rafael Municipal Code application has been made to rezone that certain real property located at the terminus of Orchid Drive, San Rafael, bearing Assessor's Parcel No. 178-061-01, and more particularly described in Exhibit "A" attached hereto, from the U (Unclassified) District to the P -D (Planned Development) district. 2. The City Council hereby finds that the proposed rezoning is consistent with the goals and policies set forth in the City's General Plan, as more specifically set forth in City Council Resolution No. 8094 , which Resolution is on file with the City Clerk and incorporated herein by reference. DIVISION 2 Amendment. The zoning Map of the City of San Rafael, California adopted by reference by Section 14.15.020 of the City's Municipal Code is hereby amended by reclassifying to P -D (Planned Development) district that certain real property located at the terminus of Orchid Drive, San Rafael, bearing County Accessor's Parcel No. 178-061-01 and more particularly described in Exhibit "A" attached hereto. DIVISION 3 Conditions of Development. Any development of this property shall be subject to the Development Standards outlined in Exhibit "B" which is attached hereto and made a part hereof. DIVISION 4 Separability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such holding or holdings shall not affect the validity of the remaining portion 1 ORIGINAL ,sp, of the ordinance. The City Council declares that it would have passed this 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 5 Publication. 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 30 days after its passage. 'Lawrence E. Mulryan; Mayor Attest: JeAi ne M. Leoncinl, City Clerk The foregoing Ordinance No. 1581 was read and introduced at a regular meeting of the City Council of the City of San Rafael on the FOURTH day of DECEMBER , 19 89, and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Boro, Breiner, Thayer & Mayor Mulryan NOES: Councilmembers: Shippey ABSENT: Councilmembers: None and will come up for adoption as an ordinance of City of San Rafael at a regular meeting of the Council to be held on the 18th day of DECEMBER , 19 89 Je =. Leoncini, City Clerk ra "EXHIBIT A" REAL PROPERTY SITUATED IN THE CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING at point on the boundary line as established by "Agreement Establishing Boundary" executed by Manuel Fagundes and Munuel T. Freitas, et al, recorded March 1, 1951 in Book 681 in Official Records, at page 76, Marin County Records, said point being the most Easterly corner of Lot 104, as shown on that certain map entitled, "Map of Terra Linda Oaks, No. 2 in County of Marin, California", filed for record June 12, 1957 in Volume 9 of Maps, at page 81; and running thence along the Easterly line of said subdivision South 240 00' West 411.97 feet and South 190 15' 25" East 364.88 feet to the most Northerly corner of Lot 89, as shown on that certain map entitled, "Map of Terra Linda Oaks No. 1 in the County of Marin, California", filed for record June 10, 1955 in Volume 8 of Maps, at page 69; thence along the Northerly boundary of said subdivision, South 330 21' 08" East 134.31 feet; South 550 30' East 85 feet; thence on a curve to the left whose radius is 312 feet and whose center bears North 420 17' 38" East a distance of 322.45 feet; thence on a curve to the left whose radius is 757 feet and whose center bears North 160 54' 18" West a distance of 96.64 feet; thence North 810 17' 24" East 76.2 feet, North 530 22' 40" East 190.53 feet; North 380 05' East 91.77 feet; North 530 22' 40" East 122.32 feet; North 670 17' O1' East 135.55 feet North 890 51' East 93.58 feet to the Northeast corner of Lot 72, as shown on the "Map of Terra Linda Oaks No. 1", above mentioned, thence North 90 42' 16" West 44.25 feet, more or less to the boundary line as established by "Agreement Establishing Boundary", above referred to, thence North 630 24' 20" West 1210 feet, more or less, to the point of beginning. A-1 "EXHIBIT B" Z. DEVELOPMENT STANDARDS A. Prior to issuance of building permits, the final building design (elevations and unit placement proposed for each lot) shall be reviewed by the Design Review Board and approved by the Planning Commission. B. All lots proposed for development shall be subject to the following spatial standards: 1. Frontyard setback: 20' minimum. Reductions can be considered on lots 15 & 16 for parking bay encroachment into front yards. Sideyard setback: 5' minimum. Street sideyard setback: 15' minimum. Rearyard setback: 20' minimum. All frontyard and street sideyard setbacks shall be measured from the face of street curb; all other setbacks shall be measured from the property line. Encroachments into setbacks with porches, landings, outside stairs, elevated decks and architectural features are permitted where consistent with Chapter 14.75 General Provisions and Exceptions of the San Rafael Zoning Ordinance. 2. Maximum building heights for main structures shall be 30' based on the Uniform Building Code methodology for measuring building height, except that on lots 17, 18, 19 and 20, buildings shall be no higher than one story and a maximum of 20' to roof peak above the roadway grade which serves these lots. 3. Maximum Building Coverage: 35% 4. Sheet L-1, Landscaping & Lighting Plan (October 6, 1989), prepared by Wihlborg Design identifies existing trees that are to be preserved on lots 4, 5, 6, 12, 15, 16, 17, 18, 19. Provisions of the subdivision CC&R's shall ensure protection of these trees. Structures shall be designed on these selected lots to minimize any impacts to B-1 or destruction of existing trees. The encroachment of buildings and other impervious surfaces shall be minimized within tree dripline areas. C. Exterior building materials and colors shall be natural and shall be selected to blend with the surrounding hillside. D. The final site and landscape plans proposed for lots 15 through 20 shall include a rearyard tree planting program to promote a natural screening of structures visible from off-site. II. SLIDE REPAIR/SLOPE STABILIZATION MEASURES (Refer to Figure 3, page 21 of Draft EIR) Except as otherwise required pursuant to conditions of approval, repair and stabilization shall be performed as follows: A. Compacted fill buttresses are to be used for the following areas. 1. Large area "A" between fire/water tank road and subdivision road. 2. Area "A" at southwesterly property line. 3. Area "D" east of lots 4 and 5. B. Rip -rap buttresses, surfaced with 12 inches of top soil and hydroseeded, are to be used for the three areas "B" southerly of lots 19 & 20. C. Removal of slide material and regrading of slopes is to be used in the following areas: 1. Area "C" between fire/water tank road and subdivision road. 2. Area "C" in lot 15. 3. Area "C" in lot 12, 14 & 15. 4. Area "C" at the northeast corner of Parcel A, open space. D. An impact wall is to be used for area "D" at the north eastern end of open space Parcel A. E. Installation of subsurface drainage facilities is to be used in the following areas: 1. Area "E" at the western site boundary. B-2 III. BMR HOUSING A. Two attached townhouses are to be located on lots 8A & 8B. B. Units are two story, 3 bedroom, 2 bath, 1200 sq. ft. each. C. Units are to be "for sale" to a 4 person household of moderate income of 90% of the median, or as otherwise provided for by a BMR housing agreement to be reviewed by the Planning Commission and approved by the City Council. IV. PROJECT CONDITIONS, COVENANTS AND RESTRICTIONS (CC&R'S) Final CC&R's shall be subject to approval by the City Council and City Attorney prior to recordation of a final map. The CC&R's shall include provisions for continuous funding the on-going costs of maintenance and safety inspection of the project's retention basin. Such provisions shall include a sinking fund or other acceptable mechanism, thereafter contains sufficient moneys to pay all anticipated expenses for periodic maintenance and safety inspections of the retention basin. The CC&R's shall require the Homeowners' Association to annually submit for the Public Works Director's approval a contract with a qualified firm to regularly inspect and maintain the retention basin. V. GUARD RAIL Opposite lots 17 through 20 a guard rail designed to the satisfaction of the Director of Public Works, shall be provided at the southerly side of the street. B-3