HomeMy WebLinkAboutOrdinance 1759 (Dominican 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. 1759 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE
ZONING MAP OF TIIE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED
BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE
OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL
PROPERTY FROM PLANNED DEVELOPMENT — HILLSIDE OVERLAY
(PD -H) DISTRICT TO PLANNED DEVELOPMENT — HILLSIDE OVERLAY
DISTRICT AND PREZONING (PD ORDINANCE NO. 1759) TO ALLOW
FOR THREE SINGLE FAMILY RESIDENTIAL LOTS LOCATED AT
HIGHLAND AVENUE AND DEER PARK AVENUE (DOMINICAN ESTATES)
(Re: ZC99-7, Intersection of Highland Avenue and Deer Park Avenue)
(APN 015-163-02 and 04)"
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 5th day of February, 2001, a
SUMMARY of Ordinance No. 1759 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 20th day of February 2001, by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
WITNESS my hand and the official
seal of the City of San Rafael this
22nd day of February, 2001
JEATNE M. LEONCINI, City Clerk
[09-13 lzr.Wra Dlaflwlra
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
RECLASSIFY CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT —
HILLSIDE OVERLAY (PD -H) DISTRICT TO PLANNED DEVELOPMENT — HILLSIDE
OVERLAY DISTRICT AND PREZONING (PD ORDINANCE NO. 1759) TO ALLOW FOR
THREE SINGLE FAMILY RESIDENTIAL LOTS LOCATED AT HIGHLAND AVENUE
AND DEER PARK AVENUE (DOMINICAN ESTATES)
(RE: ZC99-7, Intersection of Highland Avenue and Deer Park Avenue)
(AP NO. 015-163-02 AND 04)
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
WHEREAS, on July 19, 2000, a planning application that was submitted by Waterford
Associates requesting a Planned Development District zoning approval (ZC00-7) for
development of a 6.69 acre hillside/ridgeline parcel with three single family residences was
reviewed and deemed complete by the Community Development Department, Planning Division;
and
WHEREAS, the current 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
Code. Rezoning has been initiated to establish the required development standards for single
family residential use and development on this 6.69 acre property, as outlined in Exhibit "A" -
(Dominican Estates Planned Development District) attached hereto and incorporated by
reference; and
WHEREAS, accompanying applications for Master Use Permit and Environmental and
Design Review Permit approval have been submitted and processed concurrent with the PD -H
Zoning Ordinance Amendment, as required by the City Zoning Ordinance, and have been
recommended for approval by adoption of a separate resolution; and
WHEREAS, the Zoning Ordinance Amendment for the 6.69 acres includes a Prezoning
of a 1.28 acre portion of this land which is located in the unincorporated, Country Club
neighborhood; 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
annexation of the 1.28 acre parcel area 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 Deer Park Avenue for extension to the site;
d. The proposal will assist the City with its fair share housing needs;
e. The proposal is consistent with the existing General Plan Hillside Residential land
use designation;
f. The area is within the General Plan Urban Services Boundary and Sphere of
Influence; 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. The Planning Commission has recommended adoption of a
Mitigated Negative Declaration for the project by adoption of a separate resolution; and
WHEREAS, on January 23, 2001, the San Rafael Planning Commission held a duly -
noticed public hearing on the proposed amendment to the Zoning Map, and Zone Change and
Prezoning request, as required by State law, and has considered all written correspondence,
verbal testimony and the staff reports relevant to the proposal. The Planning Commission on a 5-
0-2 vote (Commissioners Kirchmann and O'Brien absent) adopted Resolution 01-02,
recommending that the City Council adopt the PD rezoning with revisions to Section 3, Section
10 and attachment LSA of the Dominican Estates Planned Development District, which have
been incorporated as revisions to the Dominican Estates Planned Development District
document attached hereto as Exhibit "A" and incorporated herein by reference; and
WHEREAS, on February 5, 2001 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.
NOW THEREFORE BE IT RESOLVED, that the City Council adopts the Planned
Development -Hillside Overlay (PD -H) District Rezoning and Prezoning based on the following
findings, as required under Zoning Code Sections 14.27.060 and 14.07.090:
1. The Development Plan, as modified, is consistent in principle with the San Rafael
General Plan 2000, adopted neighborhood plans and other applicable City plans or
policies in that, the Dominican Estates Planned Development District document includes
appropriate hillside design standards, and is subject to Environmental and Design Review
Permit review, implementing the intent of Hillside Overlay District Chapter 14.12 of the
San Rafael Municipal Code, the San Rafael Residential Hillside Design Guidelines
Manual, the applicable General Plan land use policies, including the maximum 30 foot
height limit, design policies LU -19 through LU -36, and the Hillside Residential density of
0.5 to 2.0 units per acre, as well as the applicable General Plan policies addressing traffic,
protection of natural resources and health and safety;
2. The residential development constitutes a residential environment of sustained
desirability and stability in harmony with the character of the surrounding neighborhood,
and where applicable, adequate open space has been provided in that the development
proposes design standards that consider the hillside setting and surrounding
neighborhood, with conservation easements established to preserve 62.8 -percent of the
site as undisturbed area.
3. The applicant has demonstrated that public facilities are provided to serve the anticipated
population given that sewer, water and refuse services are available to serve the in -fill
development, and adequate drainage improvements can be constructed and are proposed
on-site to handle site drainage.
4. The development is improved by deviations from typical Zoning Ordinance property
development and parking standards in that the project provides development areas which
minimize visual, grading and tree removal impacts on the site.
5. The auto, bicycle and pedestrian traffic system is adequately designed for circulation
needs and public safety, and emergency vehicle access is provided to serve the proposed
development given that site access is provided to each site from existing City roadways,
the access and site layout has been reviewed by the appropriate City Departments and has
been determined to meet City standards, and guest parking would be provided on-site in
compliance with all relevant City development standards.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES FURTHER 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 (Planned Development) District to PD (Planned Development - Ordinance No. 1759)
District. Said property so reclassified is located north of the intersection of Highland Avenue
and Deer Park Avenue, San Rafael, as shown on County Assessor's Parcel Number No. 015-263-
02 and 04, per legal description attached as Exhibit `B".
DIVISION 2. Any development of this property shall be subject to the conditions outlined in
Exhibit "A", the Dominican Estates Planned Development District which is attached hereto and
made a part hereof.
3
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.
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.
YALBE ORO, Mayor
Attest:
JEX-*NE INC LEONC I, City Clerk
The foregoing Ordinance Number 1759 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on the 5th day of February, 2001, 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 20'h day of February, 2001.
.u.,� . .
JANE M. LEON'CINI, City Clerk_
Exhibit A
Dominican Estates
Planned Development District
1. Purpose
The project is presently within a Planned Development — Hillside Overlay District (PD-
H) containing 6.7 acres. It fronts on Deer Park on the lower 1/3`d and Highland Way on
the upper 2/3`d. The Dominican Estates PD -H zoning permits the development of three
sites with development areas established for each of the sites, and lot sizes and
configurations which are consistent with the building sizes and development areas. The
intent of the project is to comply with the Hillside Design Guideline and Hillside Overlay
Zoning District. The project includes grading to restore previously disturbed areas to
natural conditions.
2. Lot Sizes
The lot sizes are as follows:
Lot 1
2.56 acres
Lot 2
2.12 acres
Lot 3
2.01 acres
Lot line adjustments between adjoining lots will be permitted through the approval
process of the City of San Rafael. Such adjustments, if permitted, shall not result in the
creation of any additional lots and shall not cause the Natural State requirement of each
lot to be exceeded, pursuant to the Hillside Overlay Zoning District Calculation.
3. Development Areas
Development areas and Restricted Development Areas are established on the Natural
State/Developed Area Site Plan for Dominican Property prepared by Pedersen Associates.
Structures requiring permits including buildings, accessory structures, pools, decks and
similar facilities shall be constructed only within such "Development Areas". No
buildings or accessory structures shall be permitted within the "Restricted Development
Areas" which shall be limited to landscaping, fencing, driveway and entryway
improvements as permitted under Section 7 and indicated on the approved development
plan.
Improvements in the portions of the lots which are not within the "Development Areas"
shall be limited to landscaping, gardens, fences, utilities, driveways, drainage facilities
and similar uses not requiring a permit. Development within Conservation Easements
shall be limited to vegetation management, fences, extension of utilities and drainage
improvements as indicated on the Tentative Map.
Exhibit A
Development areas may be adjusted with City approval as appropriate for the type of
permit to be issued. Such adjustments shall not cause the Natural State Area to fall below
the required percentage.
4. Maximum Building Area
The Maximum Building Area permitted for each lot is 2500 sq.ft. plus 10% of the lot area
to a maximum of 6500 sq.ft.
Lot Number Permitted Area
1 6500 sq.ft.
2 6500 sq.ft.
3 6500 sq.ft.
5. Maximum Building Height
The maximum building height is 30 feet as measured vertically from the original existing
grade to the uppermost point of the roof edge or peak, wall, parapet, mansard or other
feature perpendicular to that grade.
6. Minimum Required Parking
The minimum required parking for each lot is two covered parking and two guest parking
spaces. The guest parking spaces may not be located within a garage or in a location
which would cause the two required covered spaces to be inaccessible.
7. Landscaping and Fencing
Landscape and tree removal requirements as well as fencing standards and details are set
forth on the sheets prepared by Pedersen Associates.
8. Vegetation Management Plan
The Vegetation Management Plan consists of the document titled "Dominican Heights
Fire Management Plan" dated 10/18/00 as prepared by Moritz Arboricultural consulting.
The plan addresses fire safety conditions/issues at the site, the initial management of
existing vegetation for fire hazard reduction, and the creation of defensible space. It also
addresses future landscaping and on-going maintenance requirements.
9. Architectural Standards
Home designs for Dominican Estates respond to a variety of factors, including the shape
and slope of the site, its views and relationship to the surrounding neighborhood,
architectural context and the anticipated expectations and needs of likely buyers.
Three individual floor plans have been developed, one for each of the three lots. Each
plan takes advantage of the unique characteristics of the site and is orientated towards
outdoor areas. It is intended that any modifications, alterations and/or additions to the
homes or the creation of approved accessory structures will be consistent with the design
and detailing of the home for which it is intended.
2
Exhibit A
While each house is designed in a different architectural style, the consistent high quality
of design, detailing and materials creates a sense of community. Each elevation of the
homes will have consistent detailing. Each house will have its own color scheme.
Following is a brief description of each of the three houses shown in detail in the
Architectural Drawings:
Lot 1 — The design consists of a two-story wood shingle sided home with (slate gray)
composition roofing and a low pitch hip roof system. Driveway access follows site
contours and includes a textured entryway and courtyard. Retaining walls with fencing on
the top wall will enclose yard areas. The landscaping plan includes the addition of several
oak trees planted in irregular groups between the house and roadway, entry gates, low-
level entryway and site lighting.
Lot 2 - The design consists of a two-story, "Spanish -style" home with barrel tile roofing,
copper gutters, panted wood "timbers" and stucco with black iron windows. Driveway
access follows site contours with textured pavers. Retaining walls, fences, entry gates and
site lighting are similar to Lot 1. Ornamental landscaping would run along the front of the
property, which occurs near the intersection of Highland and Deer Park Avenues.
Lot 3 — The design of Lot 3 is for a "craftsman" style home with gable roof ends,
imitation slate roofing with copper gutters and stucco. Entryway, lighting, wall and fence
treatments are planned similar to Lots 1 &2. Ornamental landscaping would screen
retaining walls along the entryway.
Each lot will have individually landscaped yards and the project as a whole will have a
consistent landscape theme. When integrated with rich landscaping, the project will have
the character of a uniquely styled collection of estate homes as found in many older Bay
Area communities. Modifications are also subject to compliance with the Hillside
Overlay and Hillside Design Guidelines.
10. Permitted Uses
The following uses are permitted consistent with the provisions of the Residential District
Land Use Regulations in Chapter 4 of the San Rafael Zoning Code:
Single Family Residential
Home Occupations
Accessory Structures and Uses"
Conditional Uses
None.
3
Exhibit A
11. Maintenance of Improvements
There will be no common facilities. Each property owner will be responsible for
maintaining his/her property.
Exhibit A
PEDERSEN ASSOCIATES
LANDSCAPE ARCHITECTURE WOOD FENCE 17ATE: 10.3.00
270 PROSPECT DRIVE
SAN RAFAEL, CA 94901
CA REG. NO. 2300 DOMINICAN ESTATES N LS -1
5 Exhibit A
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SAN RAFAEL, CA 94901
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LANDSCAPE ARCHITECTURE, DEER FENCE DATE_ 10.3.00
270 PROSPECT DRIVE
SAN RAFAEL, CA 94901 NO
CA REG. NO. 2300 DOMINICAN ESTATES LS.2
7 Exhibit A
ZC00-7 / UP00-30 / ED00-85 / S00-4
A. LANDSCAPING:
1. LANDSCAPING SHALL BE REQUIRED FOR EACH SINGLE FAMILY RESIDENCE
IN ACCORDANCE WITH THE LANDSCAPE PLANS SUBMITTED AS PART
OF THIS APPLICATION.
2. PLANTING MATERIAL SHALL BE CONSISTENT WITH THE 'HILLSIDE DESIGN
GUIDELINES' ESTABLISHED BY MARIN COUNTY AND THE 'FIRE HAZARD
ASSESSMENT, DOMINICAN ESTATES DEVELOPMENT.
B. TREE REMOVAL:
1. PROCEDURES FOR THE MAINTENANCE AND REMOVAL OF THE TREES
AND SHRUBS WITHIN THE 'DEFENDABLE FIRE SPACES' SHALL BE IN ACCORDANCE
WITH THE 'FIRE HAZARD ASSESSMENT, DOMINICAN ESTATES DEVELOPMENT'.
2. TREE REMOVAL WITHIN THE DEVELOPMENT AREAS SHALL BE KEPT
TO A MINIMUM. PRIORITY FOR TREE RETENTION SHALL BE GIVEN TO SIGNIFICANT
TREES (ANY TREE WHICH IS IN GOOD HEALTH AND FORM, AND IS MORE 'THAN 6 -INCHES IN
DIAMETER FOR ANY OAK TREE, AND 12 INCHES IN DIAMETER FOR ALL OTHER TREES
AS MEASURED 4'-6" ABOVE THE ROOT CROWN."
LANDSCAPE DEVELOPMENT STANDARDS SCALE: N/A
PEDERSEN ASSOCIATES
LANDSCAPE ARCHITECTURE I PLANTING GUIDELINES DATE: 1.24.01
270 PROSPECT DRIVE
SAN RAFAEL, CA 94901 NO.
CA REG. NO. 2300 DOMINICAN ESTATES LSA
Exhibit A
ZC00-7 / UP00-30 / ED00-85 / S00-4
Exhibit B
LeLyal Description
ALL THAT CERTAIN real property situate in the County of Marin, State of California, described
below as follows:
Parcel C, as shown upon that certain Parcel Map entitled "Parcel Map — Division of Assessor's
Parcel No's. 15-142-04, 15-162-04 and 15-163-01, San Rafael, Marin County, California", filed
for record June 29, 1979 in Book 16 of Parcel Maps, at Page 75, Marin County Records.
Dominican Estates Planned Development District
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DEED MEAS. DEED MEAS.
2? N. 54' 20' E. N. 54' 11 F. :50.10 250.10
23. IJ. 70" 54' C. N. 70' 30' F. 190.70 180.70 •� = u+ IQ c
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.-7. N. I 1•' ;1:,' VV.. Gl. t N. 11^ ••;" W. 13.10 •1=,• 10
:rii, N. 11' 3.'1' WW. The Centerlines of DeerParkand Highland Ave as
:�J. N. 31^ 29'N. 153,4 shown hereon are described in the deed recorded
;30. N. 0. 13' E. 37.0 Feb 26, 1920, 1n BOOK 211 of Deeds at Page 364,
31. N. 53° 40' E. 125.0 but not Conveyed
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correct, the Company assumes no
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DEED MEAS. DEED MEAS.
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23. IJ. 70" 54' C. N. 70' 30' F. 190.70 180.70 •� = u+ IQ c
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25. N. 49' 51' E. N. .'E1" 3(i' E. 07,40 07.40 '�`. oF2 10 OS '6
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.-7. N. I 1•' ;1:,' VV.. Gl. t N. 11^ ••;" W. 13.10 •1=,• 10
:rii, N. 11' 3.'1' WW. The Centerlines of DeerParkand Highland Ave as
:�J. N. 31^ 29'N. 153,4 shown hereon are described in the deed recorded
;30. N. 0. 13' E. 37.0 Feb 26, 1920, 1n BOOK 211 of Deeds at Page 364,
31. N. 53° 40' E. 125.0 but not Conveyed
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DEED MEAS. DEED MEAS.
2? N. 54' 20' E. N. 54' 11 F. :50.10 250.10
23. IJ. 70" 54' C. N. 70' 30' F. 190.70 180.70 •� = u+ IQ c
2-1. N. G.'i° 4E' E. N. ria" 31' F. 213.110 213.00 •� �t 33
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P.
25. N. 49' 51' E. N. .'E1" 3(i' E. 07,40 07.40 '�`. oF2 10 OS '6
N. 20' 01' E. P.I. 10' 40' C. 130 NOTE z =!� •
.-7. N. I 1•' ;1:,' VV.. Gl. t N. 11^ ••;" W. 13.10 •1=,• 10
:rii, N. 11' 3.'1' WW. The Centerlines of DeerParkand Highland Ave as
:�J. N. 31^ 29'N. 153,4 shown hereon are described in the deed recorded
;30. N. 0. 13' E. 37.0 Feb 26, 1920, 1n BOOK 211 of Deeds at Page 364,
31. N. 53° 40' E. 125.0 but not Conveyed