HomeMy WebLinkAboutOrdinance 1829 (411 Margarita Dr.)CLERK'S CERTIFICATE
I, JEANNE M. LEONCIl%4I, 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. 1829 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 14.01.020 OF THE MUNICIPAL CODE OF SAN
RAFAEL, CALIFORNIA, SO AS TO PREZONE CERTAIN REAL PROPERTY TO
SINGLE-FAMILY RESIDENTIAL—HILLSIDE OVERLAY (R1A-H) DISTRICT FOR
ANNEXATION INTO THE CITY OF SAN RAFAEL FOR A PORTION OF THE
VACANT LOT WEST OF 411 MARGARITA DRIVE (APNS 015-241-14)"
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 19th day of Julv. 2004. a
SUMMARY of Ordinance No. 1829 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 2nd day of August. 2004. by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
WITNESS my hand and the official
seal of the City of San Rafael this
4th day of August, 2004
JE LEONCM, City Clerk
ORDINANCE NO. 1829
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE
ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA,
ADOPTED BY REFERENCE, BY SECTION 14.01.020 OF THE
MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO
PREZONE CERTAIN REAL PROPERTY TO SINGLE-FAMILY
RESIDENTIAL - HILLSIDE OVERLAY (RIA -I) DISTRICT FOR
ANNEXATION INTO THE CITY OF SAN RAFAEL FOR A PORTION OF
THE VACANT LOT WEST OF 411 MARGARITA DRIVE
(APNS 015-241-14)
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
WHEREAS, in October of 2000, a Conditional Certificate of Compliance was issued
confirming that the subject property, a 1.01 -acre site (two Assessor's Parcels) is one lot that
was lawfully created by a grant deed in 1952. The Certificate of Compliance was issued
conditionally, requiring that prior to development of the parcel, the unincorporated portion of
the property be annexed into the City of San Rafael and the San Rafael Sanitation District; and
WHEREAS, the southern 0.48 acres of the 1.01 -acre site is unincorporated and does not
contain appropriate land use limitations and development standards, as required by Section
14.07.060 of the Zoning Ordinance. Prezoning has been initiated to establish an appropriate
Zoning designation for the site; and
WHEREAS, on November 13, 2003, applications for Prezoning and an Environmental and
Design Review Permit were submitted to the Community Development Department to allow
the construction of a new single-family residential structure, a detached second unit,
associated site improvements, parking and landscaping on a 1.01 -acre site located west of 411
Margarita Drive. On March 10, 2004 a Use Permit application was filed to accompany these
applications; and
WHEREAS, on March 10, 2004, the applications were deemed complete for processing;
and
WHEREAS, the project would be exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to Sections 15319 (Annexation of Lots for
Exempt Facilites) and 15303 (New Construction) of the CEQA Guidelines which exempt
annexations of individual parcels of the minimum size for development of structure that are
also exempted by Section 15303. Section 15303 exempts up to three single-family dwellings
in urbanized areas; and
WHEREAS, pursuant to the City General Plan Policies and the Cortese -Knox Act, the
City of San Rafael has found that the following determinations can be made to support the
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annexation of the 0.48 acre portion of the 1.01 -acre site, by the Marin County Local Agency
Formation Commission (LAFCO) and the City:
a. Approval of the annexation can be granted as the area is uninhabited (fewer than
12 voters) and annexation is requested by the landowner.
b. The City can provide services to the site with sufficient revenues available for
those services. The majority of the property is currently within the City limits and
contributes its share of property tax revenues for City services.
c. An adequate water supply is available from existing Marin Municipal Water
District supplies and utility connections are readily available at the adjacent
Highland Avenue and Margarita Drive for extension to the site.
d. The proposal will assist the City with its fair share housing needs.
e. The proposal to Prezone the southern portion of the site is consistent with the San
Rafael General Plan 2000 land use designation adopted for the entire site, and
consistent with the existing Single -Family Residential — Hillside Overly District
zoning on the northern portion of the subject site.
f. The area is within the General Plan Urban Services Boundary and Sphere of
Influence; and
WHEREAS, on May 11, 2004, the San Rafael Planning Commission held a duly -noticed
public hearing on the proposed Prezoning request and considered all oral and written public
testimony and the written report of the Community Development Department staff. The Planning
Commission voted (7-0) to continue the application to date uncertain in order to allow the
applicant to address the Commission's recommendations and allow staff to clarify some zoning
related questions; and
WHEREAS, on June 29, 2004, the City of San Rafael Planning Commission held a duly -
noticed public hearing on the proposed Prezoning, accepting all oral and written public
testimony and the written report of the Community Development Department staff. The
Planning Commission, on a 5-0-2 vote (Commissioners Atchinson and Lang absent) adopted
Resolution 04-17, recommending that the City Council adopt the Prezoning; and
WHEREAS, on July 19, 2004 the San Rafael City Council has held a duly noticed hearing on
the proposed change to the zoning map as required by State law and has considered written
correspondence, verbal testimony and the staff reports relevant to the proposed amendment.
WHEREAS, pursuant to Section 14.27.060 of the Zoning Ordinance, the City Council
makes the following findings related to the Prezoning:
1. The proposed Prezoning of a portion of the subject property would be consistent in
principal with the General Plan 2000 given that the Prezoning designation of Rl a -H
District would be compatible with the Hillside Residential land use designation and the
Zoning of the remaining portion of the site.
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2. The public health, safety and general welfare are served by the adoption of the
proposed Prezoning given that: a) the proposal would correct the issue of a single
parcel being bisected by the jurisdictional boundary line; b) the development of a
single-family home and second dwelling unit is consistent with the Hillside Residential
General Plan land use category; c) the proposed second unit would add an additional
rental unit to the City's housing stock.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
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 Prezoning the following real property as Single -
Family Residential — Hillside Overlay (Rla-H) District. Said property so reclassified is located
west of the intersection of Margarita Drive and Highland Avenue, San Rafael, as shown on
County Assessor's Parcel Nos. 015-241-14, per the legal description attached as Exhibit "A."
DIVISION 2.
Any development of this property shall be subject to the standards outlined in the Single -
Family Residential — Hillside Overlay (Rl a -H) District which is prescribed as Chapter 14 of the
San Rafael Municipal Code (Zoning Ordinance).
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 adoption,
together with the names of the 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.
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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 and against the Ordinance.
ZLBJE. VB08RP60,Ma�or
Attest:
JEANNE M. LEONCW, City Clerk
The foregoing Ordinance Number 1829 was read and introduced at a regular meeting of
the City Council of the City of San Rafael on the 19`h day of Julv. 2004. and ordered passed to
print by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
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 2"a day of August, 2004.
JE M. LEONCINI, City Clerk
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Exhibit A
Legal Description
ALL THAT CERTAIN real property situate in the City of San Rafael, County of Marin, State of
California described below as follows:
Beginning at a point in the center line of a 40 foot road known as Margarita Drive; said pint
distant South 220 12' West 2.61 feet from the intersection of the two courses, North 220 12' East
103.0 feet and North 660 41' East 50.1 feet in the northern boundary of that certain tract
conveyed by Ada Johnson to Gordon U. Hind by Dee recorded March 20, 1908 in book 113 of
Deeds at Page 304, Marin County Records; thence running from said point of beginning and
leaving said road center line, South 180 56' East 242.00 feet thence North 820 39' East 2.26 feet.
Thence on a curve to the left with a radius of 135 feet through an angle of 280 22' for a distance
of 66.837 feet, thence North 540 17' East 20.00 feet; thence South 350 43' East 35.00 feet thence
South 190 04' East 106.194 feet to the center line of another 40 foot road known as Highland
Avenue; thence along said center line South 700 56' West 99.033 feet, North 750 08' West
96.437 feet and South 810 34' West 56.276 feet to the intersection pf the center lines of Highland
Avenue and Margarita Drive; thence along the center line of Margarita Drive, North 310 29'
West 152.4 feet, North 80 13' East 37 feet, North 530 40' East 125.00 feet and North 220 12' East
100.39 feet to the point of beginning.
Excepting that portion included within Highland Avenue and Margarita Drive.
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