Loading...
HomeMy WebLinkAboutOrdinance 1737 (Fernwood 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. 1737 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 RECLASSIFY CERTAIN REAL PROPERTY FROM THE PLANNED DEVELOPMENT DISTRICT TO THE PLANNED DEVELOPMENT (PD ORDINANCE NO. 1737) DISTRICT TO ALLOW FOR SIX SINGLE-FAMILY RESIDENTIAL LOTS (RE: ZC98-3, END OF FERNWOOD WAY AND FERNWOOD DRIVE, AP NO. 185-030-01) (FERNWOOD 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 17th day of MAY, 1999, a summary of Ordinance No. 1737 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 7th day of JUNE, 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 11th day of JUNE, 1999 JEANN-LEONCINI, City Clerk ORDINANCE 1737 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA,SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM THE PLANNED DEVELOPMENT DISTRICT TO THE PLANNED DEVELOPMENT (PD ORDINANCE NO. 1737 ) DISTRICT TO ALLOW FOR SIX SINGLE FAMILY RESIDENTIAL LOTS (RE: ZC98-3, End of Fernwood Way and Fernwood Drive, AP NO. 185-030-01) (Fernwood Estates) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: WHEREAS, on December 2, 1998, an application requesting a Planned Development District zoning (ZC98-3) for six single family residential lots was found by the Community Development Department to be complete for processing; and, WHEREAS, the existing Planned Development District (PD) does not contain development standards for any uses and the proposed Fernwood Estates Planned District contains development standards for single family residential uses as outlined in Exhibit "A'; and, WHEREAS, on April 23, 1999 the San Rafael Planning Commission held a duly noticed public hearing on the proposed amendment to the zoning map as required by State law and has considered all written correspondence, verbal testimony and the staff report relevant to the proposed zone change, and recommended to the City Council approval of the proposed zone change; and WHEREAS, on May 17, 1999 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; and WHEREAS, the City Council finds that the Development Plan is consistent with the General Plan, adopted neighborhood plans and other applicable City plans or policies because the project is consistent with the following: A. General Plan Policies as detailed in Table 1 of the April 13, 1999 Report to the Planning Commission consisting of: Land Use Policies LU -9b Hillside Residential, LU -12 Master Plan Zoning, LU -19, Design Approach, LU -20, Overall City Character, LU -21 Building Heights, LU -22 Bay and Hillside Views, LU - 29 Tree Preservation, LU -30 Street Tree Planting, LU -32 Water Conservation, LU -34 Residential Site Design, LU -35 Project Design Considerations, LU -36 Additional Community Design Map Considerations, LU -48, Fire and Police Services, LU -51 Water and Sewer Facilities; Circulation Policy C-18 Area Transportation Improvement Programs, Housing Policy H-15 Future Development; Recreation Policies R-4 New Development and R-14 Trails; Natural Environment Policies NE -13 Protection of Environmental Resources, NE -20 Preservation of Hillsides and NE -21 Archaeological Studies; Health and Safety Policies S-1 Location of Future Development, S-3 Use of Hazard Maps in Development Review, S-4 Geotechnical Review, S-5 Soils and Geologic Review, S-6 Minimize Geological Hazards, S-20 Maintenance and Landscaping for Fire Safety, S-21 Fire Safety of New Development, S-22 New Development in Fire Hazard Areas, S-23 Safety Review of Development Projects, and S-24 Access for Emergency Vehicles; and Special Residential Neighborhood Policies RES -1 Development in Residential Neighborhoods, RES -3 Consistencies with Prevailing Densities in Developed Single Family Neighborhoods. B. Hillside Design Guidelines as detailed in the Compliance Checklist Hillside Residential Design Guidelines Manual including: Preservation of Significant Trees; Hillside Grading and Drainage; Lot Configuration, Building Setbacks and Location; Street Layout, Driveway and Parking Design; Planting Design for Hillside Residential Development; Subdivisions and Planned Development Projects; and Hillslope Habitat Areas; and, WHEREAS, the City Council finds that 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 is provided because development standards and design guidelines have been developed through design review that are harmonious with the character of the surrounding neighborhood and a large portion of the site will remain in its natural state through a conservation easement; and, WHEREAS, the City Council finds that the applicant demonstrates that public facilities are provided to serve the anticipated population because subdivision and drainage improvements will improve the downhill drainage, the project proposes to utilize the existing private roadway which has been reviewed by the Fire Department, and the project has been reviewed by the Police, Public Works, and Recreation Departments to insure that public facilities are available; and WHEREAS, the City Council finds that the development is improved by deviations from typical Zoning Ordinance property development and parking standards because the building envelopes for the new residences are in areas which minimizes grading and tree removal; and, WHEREAS, the City Council finds that the auto, bicycle and pedestrian traffic system is adequately designed for the circulation needs and public safety because the proposed private roadway meets the requirements for emergency vehicle access and auto, bicycle and pedestrian traffic. The private roadway has been reviewed and conditioned by the appropriate agencies to insure public safety. 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. 1737 ) District. Said property so reclassified is located at the end of Fernwood Way and Fernwood Drive, San Rafael, as shown on County Assessor's Parcel Number No. 185-030-01, 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 Fernwood Estates Master Plan, which is attached hereto and made a part hereof. 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. Attest: JEANNE M. LEONCI I, City Clerk -3- ALBER . BORO, Mayor The foregoing Ordinance Number 1737 was read and introduced at a regular meeting of the City Council of the City of San Rafael on the 17th day of May. 1999 , 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 7'h day of June , 1999. dJ�74NNE M.LEONONI, City Clerk NNE M. -4- FERNWOOD ESTATES PLANNED DEVELOPMENT DISTRICT Purpose EXHIBIT "A" The property is presently within a Planned Development -Hillside Overlay District (PD -H), contains 12.5 acres and has Fernwood Way stubbed to both the upper and lower portions of the property. The PD -H zoning will allow the property to be developed in a manner which will take advantage of 6 desirable building sites, will establish development areas for each of the sites and will allow lot sizes and configurations which are consistent with the building sizes and development areas. 2. Lot Sizes The lot sizes are as follows: Lot 1 1.60 acres Lot 2 2.91 acres Lot 3 2.02 acres Lot 4 1.55 acres Lot 5 1.90 acres Lot 6 1.72 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. 3. Development Areas The Tentative Map and the Site Plan show °Development Areas". Structures requiring permits including buildings, accessory structures, pools, decks and similar facilities shall be constructed only within such °Development Areas'. The 'Restricted Development Area" located within Lot 3 shall be limited to landscaping and garden uses. Structures requiring permits shall not be allowed. Significant trees shall not be removed. Portions of the lots which are not within the Development Areas shall be subject to a conservation easement which shall be established by the Final Map. Development areas may be adjusted with City approval (staff, Design Review, Planning Commission) 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. E:loff celjobslmswordlfemwood_pddWS-123 Femwood Estates 2 Planned Development District 4. The Site Plan shows "Defensible Space" areas within which work as set forth by the Fire Hazard Management Plan may be performed. 5. Maximum Buildina 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.fL 4 6500 sq.ft 5 6500 sq.ft 6 6500 sq.ft. 6. Maximum Buildina Heiaht 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. 7. Minimum Reauired Parkina 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. The guest parking requirement for Lot 3 will be satisfied by parking on the adjoining public street. 8. Drivewav Gates Individual driveway gates may be constructed. Such gates shall be located a minimum of twenty feet from the driveway or roadway intersection so that the driveway or roadway will not be obstructed while gates are opening. Gates may be a maximum of six feet in height. 9. Permitted Uses Single Family Residential Home Occupations Accessory Structures and Uses Conditional Uses None E:1offteyobslmswordVemwood,pddW&123 EXHIBIT "B" DESCRIPTION All that certain real property situate in the City of San Rafael, County of Marin, State of California, and is described as follows: BEGINNING at the most Northerly extremity of the courses "South 090 10' 03" East 123.14 feet" which forms a portion of the Easterly line of Lot 30, as shown upon that certain Map entitled "Glenwood No. 1, San Rafael, California", filed for record November 10, 1955 in Volume 8 of Maps, at Page 103, Marin County'Records; thence from said point of beginning and leaving said Easterly line of Lot 30, North 650 56' 24" East 239.95 feet; thence North 410 27' 42" East 301.49 feet; thence North 33° 45' 42" East 254.74 feet; thence North 741 37' 57" East 156.75 feet; thence North 89° 10' 09" East 164.77 feet; thence South 06° 14' 22" East 1112.27 feet; thence North 871 57' 06" West 140.95 feet; thence North 810 25' 43" West 104.93 feet; thence South 84° 07' 17" West 167.59 feet to a line forming a portion of the Easterly line of Glenwood No. 1; thence along the said Easterly lines of Glenwood No. 1, the following courses and distances; North 14° 53' 50" West 370.18 feet, North 660 45' 12" West 84.74 feet, South 480 32' 11" West 122.88 feet; South 710 54' 56" West 192.54 feet, North 37° 59' 28" West 191.69 feet and North 09° 10' 03" West 123.14 feet to the point of beginning. EXCEPTING THEREFROM that certain portion of land shown as Parcel 1, as shown upon that certain Parcel Map entitled "Parcel Map of Lands of Lucretia McNear Thomas Revocable Trust, San Rafael, Marin County, California", filed for record March 18, 1997 in Book 26 of Parcel Maps, at Page 31, Marin County Records. RESERVING THEREFROM an easement for access and utility purposes, shown as "Private Access & Utility Easement", upon the Parcel Map referred to above. ALSO RESERVING THEREFROM an easement for utility purposes, shown as "Private Utility Easement" upon the Parcel Map referred to above. SAID EASEMENTS are to appurtenant to and for the benefit of Parcel 1 of that certain Parcel Map referred to above.