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HomeMy WebLinkAboutOrdinance 1790 (Jaleh Estates)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. 1790 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP (ZC98-04) TO RECLASSIFY CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT — HILLSIDE OVERLAY (PD -H) DISTRICT TO A REVISED PD -H DISTRICT WITH ADOPTED SINGLE-FAMILY RESIDENTIAL ZONING REGULATIONS TO ALLOW DEVELOPMENT OF FOUR SINGLE- FAMILY HOMES AND A 2.3 -ACRE PUBLIC OPEN SPACE PARCEL OFF LUCAS VALLEY ROAD WEST OF U.S. HIGHWAY 101 (APN 165-220-15) (RE: JALEH ESTATES)" 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 21st day of October, 2002, a SUMMARY of Ordinance No. 1790 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 4th day of November, 2002, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller and Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips and Mayor Boro WITNESS my hand and the official seal of the City of San Rafael this 6th day of November, 2002 A,�[ ~ JE M. LEONCINI, City Clerk ORDINANCE NO. 1790 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP (ZC98-04) TO RECLASSIFY CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT — HILLSIDE OVERLAY (PD -H) DISTRICT TO A REVISED PD -H DISTRICT WITH ADOPTED SINGLE-FAMILY RESIDENTIAL ZONING REGULATIONS TO ALLOW DEVELOPMENT OF FOUR SINGLE-FAMILY HOMES AND A 2.3 -ACRE PUBLIC OPEN SPACE PARCEL OFF LUCAS VALLEY ROAD WEST OF U.S. HIGHWAY 101 (APN 165-220-15) (Re: Jaleh Estates) WHEREAS, on November 6, 1998, Hassen Sabbaghian of Kerend, Inc. submitted an application to the City of San Rafael requesting approval of a Rezoning from Planned Development -Hillside Overlay (PD -H) District to a revised PD -H District with adopted zoning regulations for development of four single-family residential homes; and WHEREAS, the Rezoning request was accompanied by related project applications which are being processed concurrently; and WHEREAS, upon review of the subject applications an Initial Study was prepared consistent with the requirements of the California Environmental Quality Act; and WHEREAS, the City Council has approved a Mitigated Negative Declaration for the project by adoption of a separate resolution; and WHEREAS, the application for Rezoning to a revised PD -H District includes a Development Plan consisting of project plans submitted for approval with the development standards, which contain the information required pursuant to Zoning Ordinance Section 14.07.060, and written text, which contains development standards for the proposed residential and open space uses as outlined in Exhibit "A" and shown in Map Exhibit `B"; and WHEREAS, a notice describing the proposed Rezoning was: a) published in a local newspaper of general circulation in the area; and b) mailed to surrounding property owners within 300 feet, pertinent agencies, organizations and special interest groups; and WHEREAS, on September 24, 2002, the San Rafael Planning Commission held a duly -noticed public hearing on the proposed Rezoning and related project applications including a Environmental and Design Review Permit, and a Vesting Tentative Map, accepting all oral and written public testimony and the written report of the Community Development Department staff and adopted Resolution No. 02-47; recommending approval to the City Council; and P A 1 OR SMAL d WHEREAS, on October 21, 2002, the City Council held a public hearing and accepted all oral and written public testimony and the written report of the Community Development Department staff. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDL N AS FOLLOWS: DIVISION 1. The City of San Rafael Zoning Map is amended to incorporate the revised Planned Development District for the Jaleh Estates Subdivision, as presented in Exhibit A and Table A-1 of this ordinance, based on the following findings: 1. The Development Plan and Planned Development District (PD) amendment are consistent with the General Plan and other applicable City plans and policies in that: a) The project would implement General Plan Land Use Policy LU -9b by establishing a hillside residential density of 1.5 units per acre; b) The project would implement Design Policies LU -19 through 36 by proposing high quality building design, and an appropriate level of site landscaping and tree replacement; c) The project would be consistent with Circulation Policy C-18 by contributing appropriate traffic mitigation fee; d) The project would be consistent with Park and Recreation Policy R-4 through payment of a parkland dedication in lieu fee; e) The project has been designed to implement Environment Policies NE -3, NE -13, and NE -19 through NE -23 by providing a private open space easement over the rear of the lots and dedicating 2.3 -acres of the site to public open space, thereby preserving it as a visual backdrop; f) The project design has been evaluated in a variety of technical reports, including a geotechnical study which was peer reviewed, and through implementation of conditions of approval and mitigation measures would be consistent with Health and Safety Policies S-1 through 24; g) The Residential Neighborhood Policies RES -3 and RES -5 to protect and conserve existing neighborhoods would be met by the proposed project design which was reviewed at four meetings by the Design Review Board and found to be acceptable; h) The project design would also be consistent and compatible with the density of the surrounding neighborhood in that the proposed density of 1.5 units per acre is less than the surrounding low density residential development, although proposed lots and homes would generally be similar or slightly larger than those in the adjacent San Rafael Park subdivision; i) Conditions of approval are included in the accompanying project applications to ensure consistency with all applicable General Plan policies including policies discussed above by requiring that: 1) public and private open space be provided to protect a wildlife corridor and maximize tree preservation; 2) utility systems be installed and designed to serve the site; 3) traffic mitigation fees be collected to partially fund long-term traffic improvements; and 4) parkland dedication in lieu fees be collected. The proposed residential uses would be appropriate for the area and purpose intended, and the design and development standards create a 2 residential enviromnent of sustained desirability and stability and include the provision of public and private open space. 2. The applicant has demonstrated that public facilities would be provided to serve the anticipated population in that the project development is well within the density limits anticipated by the General Plan 2000, the site is served by San Rafael Sanitation District and Marin Municipal Water District, and the City's Police, Fire and Public Works Departments have reviewed the project and determined that services are available. The accompanying project applications are proposed to be conditioned accordingly. 3. The development would be improved by deviations from typical Zoning Ordinance property development and parking standards by: a) providing placement of buildings which respect the adjacent woodlands and neighborhood; b) providing dedication of 2.3 -acres of grassland and woodland area for public open space; c) providing adequate parking according to the parking regulations for hillside development; d) providing adequate access to the homes through a new private roadway; e) providing landscaping that enhances the project entry and private driveway area; and e) providing mitigation at a minimum ratio of 1:1 or at the recommendation of a qualified arborist for the removal of 148 trees on site, 68 of which are classified as significant. 4. The auto, bicycle and pedestrian traffic system has been adequately designed for circulation needs and public safety in that internal access and circulation has been approved by the City Traffic Engineer and the Fire Department. The project design requires that a small portion of the access road exceed the City's 18% grade standard as required by the Hillside Design Guidelines and the exception has been recommended for approval by the Design Review Board, the Fire Department and the City's Traffic Engineer. 5. The public health, safety and general welfare would be served by the adoption of the proposed amendment in that it implements the General Plan and the proposed Development Plan conforms with City standards as discussed in Findings 1 through 4. Furthermore, a Mitigated Negative Declaration has been prepared and adopted for the project that evaluated potential environmental impacts of the project and determined impacts would be less -than -significant based on incorporation of mitigation measures. DIVISION 2. 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. 3 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 along with the names of those Councilmembers voting for or against the Ordinance. I ALBERT J. B O, Mayor Attest: JE M. LEON INIC , City Clerk The foregoing Ordinance No. 1790 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael on the 21St day of October, 2002, and ordered passed to print by the following vote, to wit: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers 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 Monday, November 4, 2002. J M. LEOI�CINI, City Clerk Exhibit A: Jaleh Estates PD Zoning Development Standards Table A-1: Jaleh Estates Development Standards Exhibit B: Zoning Map 4 Exhibit "A" Jaleh Estates PD (Planned Development) Zoning Development Standards Location and Existing Conditions The 5.99 acre, crescent shaped property, located on the south side of Lucas Valley Road is presently zoned Planned Development (PD) District and also has an overlay zone of Hillside Development by virtue of its slopes which exceed 25%. (Reference Section 14. 12.020.) The property is vacant land, except for a portion of driveway accessing the neighboring office complex via Lucas Valley Road that lies immediately between the two arms of the. crescent shaped parcel. This driveway is located within an easement for driveway purposes. The site is bounded by public open space to the South, and low density (2.0 — 6.5 dwelling units per acre) single family residential to the West, and additional open space to the east, with office beyond. 2. Purpose, Authority and Definitions As prescribed in the City of San Rafael Zoning Ordinance (Title 14 of the Municipal Code) Chapter 7, the revised PD District establishes a specific development plan for the site, including permitted uses, and specific development standards for building envelopes, lot coverage, building setbacks, building heights, landscaping, parking, and architectural considerations. This set of standards relates to the Vesting Tentative Map, Site Plan, Landscape Master Plan and Preliminary Architectural Plans submitted as part of the application and approved by the City for this project. The Standards will guide initial construction of the proposed houses, as well as future use, development and redevelopment of the property by the individual land owners in a manner consistent with the original intent of the approved development plan. Certain definitions are contained within this text of the 7aleh Estates PD (Planned Development) Zoning Development Standards. Where additional definitions are required, staff and applicants shall refer to the then current San Rafael Municipal Code, but in no case shall be more restrictive than the originally approved design. This will protect approved design from becoming non -conforming if the Code definitions become more stringent. 3. Allowed Uses Single Family residential uses and accessory uses incidental and subordinate to single family residential are permitted on Lots 1-4, including: Single Family Residential Driveway, garage and parlang Home Occupations Accessory Structures and Uses incidental and subordinate to single family residential Patios and Play areas Private recreational Facilities Trails and walkways Fences pa 1 of r Location of uses and structures shall be governed by the recorded building envelopes. There is a primary, secondary building envelope on each lot as well as private open space on each lot. Certain uses and structures are restricted to particular envelopes within the lot, as provided below: ENVELOPE Primary Building Envelope Secondary Building Envelope Private Open Space Public Open Space 4. Conditional Uses ALLOWED USES Main structures, such as house, garage, main decks, driveways, lush domestic plantings Formal gardens (no pyrophyites), restricted outdoor uses such as children's play equipment, deer fencing, portable equipment or hardscape (benches, fountains, arbors, small terraces, etc.). No additional grading or tree removal (except where diseased or hazardous). Naturalized, native plantings and on -grade foot paths. No additional grading or tree removal (except where diseased). Fencing is allowed in the area between the building envelope and the private open space. No development. The following uses may be conditionally permitted if they conform to the minimum design standards and are approved by the City as a conditional use: Secondary Dwelling Unit consistent with City of San Rafael Zoning Ordinance standards 5. Lot Sizes/Project Density The Jaleh Estates Planned Development proposes four lots clustered on the westerly portion of the site. The resultant minimum lot size for each lot is provided in the Table A, attached, and conforms closely to that proposed on the Vesting Tentative Map. The minor differences will allow for future minor lot line adjustments if necessary. Future lot line adjustments between adjoining lots may be permitted through the approval process of the City of San Rafael. Such adjustments, if permitted, shall not result in the creation of additional lots nor result in the diminishing of natural open space below the minimum requirement. 6. Building Envelopes and Building Setbacks Sheet C2 of 5 (Vesting 'Tentative Map) of the Development Plan application shows the Primary and Secondary Building Envelopes and the Private Open Space established on each lot. Buildings and accessory structures and improvements shall be constructed only within the approved building envelopes. Page 2 of 6 7. Maximum Enclosed Structural Area The maximum total allowable area of enclosed structures is depicted in Table A and shall not be exceeded. This restriction shall not differentiate between heated and unheated space or space not otherwise considered habitable. Maximum Building Heights Maximum building height for various structures shall be as indicated in the Table A. 9. Minimum Required Parking The minimum required parking for each lot is two garage parking spaces and two open guest parking spaces. (See also Table A) The guest parking spaces may be provided adjacent to the street or in the driveway. Where the minimum number of guest parking spaces is provided in the driveway, the spaces may not be designed as `tandem' spaces, nor shall they impede proper ingress, egress or turn -around of the vehicles parked within the garage. 10. Landscaping Landscaping is required for each development site in accordance with the approve Landscape Plan (Sheet L-1) prepared by Ralph Alexander & Associates and approved by the City as part of this Planned Development, and in order to accomplish the minimum goals setforth below. Landscaping Goals: 1) Stabilize graded or denuded hillside areas; 2) Veil retaining walls from public view; 3) Provide visual privacy for adjacent neighbors; 3) Revegetate and soften the developed site and the visual impact of the main structure; 4) Provide a lush fire retardant boarder around the main structures; 5) Provide vegetation that is compatible with native bay/oak woodland and native grasses found on site and utilized by local wildlife; 6) Provide enjoyable areas for private outdoor use; 7) Eliminate invasive non-native plants and weeds (broom). Additional Landscape Requirements: A. All required landscaping shall be installed within one year of completion of construction of the main house. B. Disturbance above the 140 foot elevation contour line should be minimized. Where it does occur in areas of perennials grasslands, topsoil containing seed and propagules should be collected, stockpiled and respread after construction. C. Because there are significant native grassland areas on the site and in the adjacent public open space, and since many species of annual grasses typically used for slope stabilization and erosion control can out -compete native perennial grasses, methods of stabilization such as netting and bales should be used wherever feasible to avoid introduced aggressive annual grass seeds into the grasslands. If hydroseeding is necessary, than non-persistent, quick -growing grasses like red oats (Avena sativa) should be used. Careful monitoring of contract hydroseeding is recommended to prevent mistaken or accidental application of commonly used but persistent and invasive grasses like blando brome (Bromus mollis) and Italian ryegrass (Lolium multiflorum). D. Landscaping of graded slopes should be kept to a minimum, and should use drought - tolerant, non-native plant material. Revegetation of graded slopes is preferred, using on-site topsoil as a base, with vegetative plugs of Stipa pulchra, Festuca idahoensis, Page 3 of 6 Elymus glaucus, and/or Danthonia californica used in preference to just seeding, to insure a more rapid and successful plant establishment program. E. All species of French broom now growing on the portion of the site west of the perennial stream should be removed before any site preparation work is done. Revegetated and landscaped areas should be monitored by a qualified vegetation specialist for a period of at least three years, or until vegetative cover is thick and well -enough established to exclude broom or other undesirable exotic seedlings. Unwanted exotics should be removed from vegetated areas in a manner specified by the monitoring specialist. 11. Tree Replacement The development process will require the removal of several oak and bay trees. Disease will require the removal of others. The Landscape Master Plan as approved will replace many trees needed for privacy and revegetation. Where these trees are within the secondary building envelope and the protected private open space, they shall be maintained in good health. When any such tree that is of heritage size (refer to tree preservation ordinance) is lost due to illness or natural hazard, it shall be replaced in kind as required by the City of San Rafael and recommended by a qualified arborist (Oaks shall be replaced at a ratio of three new trees for every one lost (3:1), and others at a ratio of 1:1.) These replacement trees shall be at least 10 gallon in size, and shall be double staked and tied to prevent wind damage until of sufficient size and maturity to forgo such staking and tying. 12. Architectural Standards Home designs and standards are set forth on the approved Preliminary Architectural Plans (Sheets A2.1, A2.2 and A3.1 of each of Lots 1-4, plus Sheets A2.3, A4.1 and A6.1 for Lot 4) prepared by Design Tech. It is intended that any modifications, alterations, addition and/or accessory structures will be consistent with the design and detailing depicted in these plans, subject to the review and approval of the San Rafael Community Development Department. Revisions or additions thereto may be approved by the City if they conform to the standards set forth in the Hillside Design Guidelines or otherwise further the design goals of the development, including minimizing additional grading, maximizing privacy with adjacent neighbors, and minimizing visual impacts from off-site. The design of the houses conforms to the Hillside Guidelines, as follows: ➢ Apparent height of the houses has been reduced by burying the foundations into the earth. ➢ Foundations are split and stepped to conform to the topography, creating finished floor elevations that allow driveways with workable slope and hide as much as possible of the rear of the houses while still letting in some light and air. S I Maximum building height allowed is s0' (measured from existing grade, per the Hillside Design Guidelines definition of building height). The two-story elements are stepped back away from the streets. ➢ Major roof forms are parallel to the slope of the natural terrain, however, roofs and walls are broken and well articulated to reduce the appearance of man-made form and mass, and to create shade and pattern. ➢ Retaining walls (with the exception of those for the Shared Driveway) have been kept to a maximum height of 4'. ➢ Garage and first -story roofs are utilized for terrace areas rather than excavating to create additional flat area. Page 4 of 6 Architectural style is in keeping with the existing environment. The surrounding neighborhoods include many stucco homes characterized by Mediterranean or Spanish design elements. Stucco is also an appropriate building material for fire safety considerations. The design proposed for Jaleh Estates pairs the stucco materials with an updated Mediterranean design Fences — No fencing shall be allowed around the perimeter or within the private open space areas. Fencing shall be allowed only in the area between the building envelope and the private open space. Open wire fencing may be allowed around the perimeter if designed to allow wildlife movement subject to review and approval of the Community Development Director. Colors — Colors shall be subdued colors found in the natural palette of the site, as per the approved color board. Materials — Primary structures shall be mostly of stucco with tile roofs. Wood, stone, brick and other masonry materials may also be utilized as accent or time materials. Metal must be kept to a minimum and treated to weather or otherwise not be reflective. Page 5 of 6 Table A-1 Table of Development Standards Lot Number Lot One Lot Two Lot Three Lot Four Minimum Lot Area 20,000 Square 18,000 Square 32,000 Square 84,000 Square Minimum Side Yard Setback Feet Feet Feet Feet* Maximum Enclosed Area 3,500 Square 4,000 Square 3,500 Square 5,000 Square Feet Feet Feet Feet Minmium Front Yard 20' from Shared 20' from Shared 20' from Shared 20' from Shared Setback Driveway Driveway I Driveway Driveway Minimum Rear Yard Setback Primary Structure 20' 85' 85' 100' Secondary Structure 15' 50' 50' 60' Minimum Side Yard Setback Within Building Within Building Within Building Within Building Envelope but not Envelope but not Envelope but not Envelope but not less than less than less than less than 10' 10' 10' 10' Minimum Natural Coverage Maximum Area of Primary I 7,500 Square 6,800 Square 7,200 Square 13,000 Square Building Envelope Feet Feet Feet Feet Maximum Area of Secondary 2,300 Square 3,200 Square I 2,600 Square 14,000 Square Building Envelope Feet Feet Feet Feet Maximum Height of Primary 30' 30' 30'I 30' Structure I Maximum Height of 15' 15' 15' 15' Detached Accessory Structure Maximum Height of Fence or 6' or higher deer 6' or higher deer 6' or higher deer 6' or higher deer Garden Wall fence with fence with fence with fence with permission of permission of permission of permission of City through City through City through City through Design Review. Design Review. Design Review. Design Review. See Mitigation See Mitigation See Mitigation See Mitigation Measure IVA.2. Measure IVA.2. Measure IV.d.2. Measure IVA.2. Minimum Parking 2 garage plus 2 2 garage plus 2 2 garage plus 2 2 garage plus 2 guest spaces guest spaces guest spaces guest spaces independently independently independently independently accessed accessed accessed accessed NOTE: Parcel A — Dedicated as Open Space - No Development Permitted. * This represents a reduction of in square footage originally proposed for this lot before proposed dedication of 2.3 acres to the City of San Rafael. --The End -- Page 6 of 6 JALEH ESTATES A.P.N. 165-220 15 ZONING MAP RESOLUTION 02-46 SHEET NO. 1 OF 1 DATE: 10-14-02 Nor TO SCALE ILS JO© NO.. 5828 EXHIBIT "B" w OrAs w, M M^fin\ 1 I • fib•♦ • rAa+ccc S' vusuc orte• srArr „ • Po 0 • •\ { �J a • i ZONIAV. A7 -H - i r : ��/ rnrrr • �� . "71 0a 1'� lot/ 0. �`I LOT zanwc rn-r. J lor nn � s o`n'si• [ EXHIBIT "B"