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HomeMy WebLinkAboutOrdinance 1819 (Creating Eichler Homes)CLERK'S CERTIFICATE I, JEANNE M. LEONCEN1, 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. 1819 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE TO ADD CHAPTER 14.14 CREATING AN EICHLER AND ALLIANCE HOMES OVERLAY DISTRICT, AMENDING SECTION 14.25.040 TO REQUIRE ZONING ADMINISTRATOR REVIEW OF APPLICATIONS FOR ROOF MODIFICATIONS TO EICHLER AND ALLIANCE HOMES, AND AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL TO RECLASSIFY CERTAIN REAL PROPERTY FROM R5 AND R7.5 TO R5 -EA AND R7.5 -EA (EICHLER AND ALLIANCE HOMES COMBINING DISTRICT)" 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 2nd day of Februarv, 2004, a SUMMARY of Ordinance No. 1819 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 17th day of Februarv, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: Heller ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 19th day of February, 2004 JEANNE M. LEONCINI, City Clerk ORDINANCE NO. 1819 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE TO ADD CHAPTER 14.14 CREATING AN EICHLER AND ALLIANCE HOMES OVERLAY DISTRICT, AMENDING SECTION 14.25.040 TO REQUIRE ZONING ADMINISTRATOR REVIEW OF APPLICATIONS FOR ROOF MODIFICATIONS TO EICHLER AND ALLIANCE HOMES, AND AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL TO RECLASSIFY CERTAIN REAL PROPERTY FROM R5 AND R7.5 TO R5 -EA AND R7.5 -EA (EICHLER AND ALLIANCE HOMES COMBINING DISTRICT) [File No. Z003 -003(b)] WHEREAS, at its meeting of August 18, 2003, the San Rafael City Council enacted Interim Urgency Ordinance No.1812 establishing a moratorium to temporarily prohibit the grant of approvals to, or the issuance of permits for, second story additions to Eichler and Alliance homes in specified neighborhoods within North San Rafael in order that the City Council, the Planning Commission and the Community Development Department might review and study the current design review requirements for additions to single family homes within the City with the intent to propose recommendations to the legislative body for its consideration and possible amendments to the City's Zoning Ordinance regarding appropriate design and suitable location of second stories for these types of homes within the City; and WHEREAS, on September 15, 2003, the San Rafael City Council adopted Interim Urgency Ordinance No. 1814, extending the moratorium to July 30, 2004; WHEREAS, it has been determined that these amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305, Minor Alteration in Land Use Limitations, and the City of San Rafael Environmental Assessment Procedures Manual under Class 5f, which allows for ordinance text amendments not involving proposed development plans or commitment of land use or resources which would result in a significant environmental impact; and WHEREAS, the proposed zoning ordinance text amendments and zoning map amendment are based on the following findings: A. The amendments are consistent in principle with the San Rafael General Plan 2000 in that they further the objectives contained in Land Use and Housing Elements, including Land Use Goal LU -A to "Strengthen, preserve and enhance the unique identity and qualities of the City's neighborhoods and activity centers", Land Use Element Policies LU -19 which states, in part, "New development and redevelopment shall harmonize style, intensity and type of new residential, commercial or industrial construction with the natural environment and respect the unique needs and features of each area," Policy LU -20 which states, in part, "The 'hometown' character of San Rafael shall be retained by ... 2) retaining the existing suburban scale of development elsewhere in San Rafael with increased attention paid to unifying landscaping standards, setbacks, connection and the design image of individual areas," Policy LU -34 which states, in part, "New development shall respect and enhance existing residential development through appropriate building scale and design and quality building materials," Policy LU -35 which states, in part, "Following are some overall criteria to be used in evaluating excellence in project design: compatibility of colors, materials, scale and building and site design with surrounding development," and Housing Element Goal H -B to "Protect and conserve existing housing stock," in that the amendments will preclude second story additions to Eichler and Alliance homes due to their unique, modernist design character with flat roofs and horizontal lines, and the predominately single -story character of these neighborhoods where 99.5% of existing homes are single story, to preserve the existing, low scale character of these neighborhoods and conform to previously recorded covenants, conditions and restrictions. B. The public health, safety and general welfare are served by the adoption of the proposed amendments in that the prohibition of second story additions to Eichler and Alliance homes would eliminate the impacts on the privacy of adjacent properties which previously constructed second story additions have caused due to the large expanses of perimeter glass walls and exterior orientation of the original design. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN TO ADOPT MODIFICATIONS TO THE SAN RAFAEL MUNICIPAL CODE AS FOLLOWS: DIVISION 1: San Rafael Municipal Code Title 14 — New Chapter 14.14 (Eichler and Alliance Homes Overlay District) Chapter 14.14 EICHLER AND ALLIANCE HOMES OVERLAY DISTRICT (-EIA) Sections: 14.14.010 Specific purposes 14.14.020 Property development standards 14.14.010 Specific Purposes The Eichler and Alliance Homes overlay district is intended to modify the site development regulations of the R Residential Districts to preserve and maintain the predominately single -story and unique design character of neighborhoods composed exclusively of Eichler and Alliance homes. 14.14.020 Property development standards For sites within the Eichler and Alliance Homes overlay district, the following site development regulations shall apply in lieu of the otherwise applicable site development regulations of Section 14.04.030: a. Height. The maximum height shall be (17) feet, as measured from grade to the peak of the roof. b. Habitable Floor Limitations. There shall be a limit of one habitable floor. Habitable floors include lofts, mezzanines and similar areas. 14.14.030 Design review of roof modifications Modifications which increase the height of roof structures by more than six inches or change the roof pitch, including the creation of raised or sloping roofs, covered atriums that exceed the existing roof height, clerestories or exposed exterior ducting shall be subject to design review as set forth in Section 14.25.040(C). The installation of solar collectors that are flush -mounted or not visible from the street frontage shall not be subject to design review. DIVISION 2: San Rafael Municipal Code Title 14 — Chapter 14.25 (Environmental and Design Review Permits) Sections: 14.25.040 Improvements subject to review C. Administrative Design Permits. 1. New single-family residences when located on a flag lot, 2. All new multi -story single-family residential structures and upper story additions over five hundred (500) square feet in size or any modification that results in lifting the existing ground level floor of a residence to construct a new ground level floor (lift and fill) located on single-family or duplex residential lots. (See Section 14.25.050(F)(6) for design criteria.) Note: Such additions or modifications to structures on lots in the hillside development overlay district or on lots with an average slope over twenty-five percent (25%) are subject to Section 14.25.010(B)(1)(a); 3. Decks, or additions to existing decks, higher than three feet (T) above grade, except for decks: a. Less than a total of one hundred (100) square feet, or b. Not visible from the public street or adjacent properties, or c. Replacing an existing elevated deck with a deck of same size and configuration; 4. Outdoor eating areas; 5. Minor exterior alterations to a structure or development that have minimal impacts on the visual character or function of the building or development; 2 6. Satellite dishes over the height limit in a multifamily or nonresidential district; 7. Fences over six feet (6'), unless such fences are part of a development otherwise subject to major or minor environmental and design review; 8. Exterior repainting and refinishing on a development subject to environmental and design review when colors or materials are not from the approved earthtone-woodtone list; 9. Design changes to dwelling units existing or approved as of January 1, 1991 and being replaced pursuant to Section 14.16.060, Conservation of dwelling units; 10. Modifications to properties in the (-EA) combining district which increase the height of roof structures by more than six inches (6") or change the roof pitch, including the creation of sloping roofs, covered atriums that exceed the existing roof height, clerestories or exposed exterior ducting, but excluding the review of solar collectors which are flush -mounted or not visible from the street frontage; 11. Development subject to review for an administrative design permit pursuant to any other provision of this title. 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 real property presented in Exhibit A from R5 and R7.5 to R5(EA) and R7.5(EA). Said properties so classified are located on certain portions of Nova Albion Way, Golden Hinde Boulevard, Drakes Cove, Sussex Court, Devon Drive, Dias Way, Anchorage Court, Del Haro Way, Sao Augustine Way, Arcangel Way, Ayala Court, DeAnza Way, Don Timoteo Court, Cermenho Court, Corte Pacheco, Las Gallinas Avenue, Holly Drive, Hibiscus Way, Hickory Lane, Hyacinth Way, Las Colindas Road, Whitewood Drive, Woodbine Drive, Wakerobin Lane, Wisteria Way, Las Raposas Road, Bamboo Terrace, Penny Royal Lane, Pine Lane, Montecillo Road, Butternut Drive, Las Ovejas Avenue, Serra Way, Bolanos Drive, Del Ganado Road, Duran Drive, Diego Drive, Galleon Way, Pico Court and De La Guerra Road. DIVISION 4: Upon the effective date of this ordinance, Ordinance No. 1814, "An Interim Urgency Ordinance of the City of San Rafael Extending a Moratorium to Temporarily Prohibit Granting of Approvals for, or Issuance of Permit for, Second Story Additions to Eichler and Alliance Homes in Specified Neighborhoods of North San Rafael, Pursuant to California Government Code §65858" is hereby repealed and of no further effect. 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 sections, subsections, sentences, clauses or phrases be declared invalid. 7I�IE;9[�7►[d: 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 adoption, together with the names of the Council members 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 ALBj J. BORO Mayor' ATTEST: JE NE M. LEONCINI; City Clerk The foregoing Ordinance No. 1819 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, California, held on Monday, the 2nd day of February, 2004 and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Cohen, Miller, Phillips and Mayor Boro NOES: Councilmembers: Heller 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 help on Tuesday, the 17th day of February, 2004. EO- JiArE M. LNCI I, City Clerk 4 �. ZIP O (D `� sorry R� �utitle ❑035 P!6 ��, � N j i ► R dos �an� s d ddb IS LL 9, 6 'Ts ,� R g � ...i1 d i PM sqI puem J .1190 .n, E •O�..� O W Cf) CD O N u ~ }; o y LLl N U .fl QO U � a �C) O N EXHIBIT A e� ,11,9 069 Gez /�I 001 -1 091, PAd o"e 06e 0, I'6e i6z o"i 0; I 0 i ®R i6q A, V69 9 .9'99, b 10 �99 Vo o1z", It .91Z 0• ez 9� 9 W 01 cp ell -NIP "40 ZL L Lb. Ile, LB IQ "