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HomeMy WebLinkAboutOrdinance 1711 (Montevideo Terrace)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. 1711 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 PD (PLANNED DEVELOPMENT - ORDINANCE NO. 1686) DISTRICT TO THE PD (PLANNED DEVELOPMENT - ORDINANCE NO. 1711) DISTRICT (RE: ZC96-5, 70 SKYVIEW TERRACE, AP NO. 165-230-01 THROUGH -22) (MONTEVIDEO TERRACE SUBDIVISION)" was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 7th day of JULY, 1997, a summary of Ordinance No. 1711 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 21st day of JULY, 1997, 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 28th day of JULY, 1997 JEA . LEONCINI,`City Clerk ORDINANCE NO. 1711 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 PD (PLANNED DEVELOPMENT - ORDINANCE NO. 1686) DISTRICT TO THE PD (PLANNED DEVELOPMENT - ORDINANCE NO. 1711) DISTRICT (RE: ZC96-5, 70 Skyview Terrace, AP NOS. 165-230-01 through 22) (Montevideo Terrace Subdivision) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: WHEREAS, the existing Planned Development District contains development standards for nineteen (19) single family residential units, one (1) duplex unit and one (1) non-profit public service parcel and the property owner has requested a zone change to a Planned Development District that would permit twenty three (23) single family residential units, one (1) duplex unit and one (1) parcel for non-profit public service uses; and, WHEREAS, the San Rafael Planning Commission has 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 amendment, and recommended to the City Council approval of the proposed zone amendment; and, WHEREAS, the San Rafael City Council has held a duly noticed hearing on the proposed amendment 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 San Rafael 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 General Plan Policies: Land Use Policy LU -9, Residential ` 11 If g 5. R '\N,\ Land Use Categories; Circulation Policies C-4, Trip Allocations, and C-18, Area Transportation Improvement Programs; Housing Policies H-15, Future Development; Recreation Policies R-4 New Development; Safety Policies S-3, Use of Hazard Maps in Development Review, S-4, Geotechnical Review, S-5, Soils and Geologic Review, S-11, Seismic Safety of New Buildings. S-18, Erosion; and, WHEREAS, the San Rafael City Council finds that the residential development will constitute a residential environment of sustained desirability and stability in harmony with the character of the surrounding neighborhood, and where applicable, adequate open space shall be provided because development standards are incorporated in the planned district and the proposed four residential units have been reviewed by the City's Design Review Board and through project revisions, the development is a design compatible with the surrounding neighborhood; and, WHEREAS, the San Rafael City Council finds that the non-residential uses are appropriate in the area, location and overall planning for the purpose intended, and the design and development standards create a non-residential environment of sustained desirability and stability, and where applicable, adequate open space is provided because the site was previously designed and developed as a school, the site has been used by non-residential, non-profit uses since 1977, the new permanent building meets the development standards and the new permanent building has been through design review to insure a desirable and stable non-residential environment; and,. WHEREAS, the San Rafael City Council finds that the applicant demonstrates that public facilities are provided to serve the anticipated population because the site is located in an area that is developed and public facilities are available for the project; and, WHEREAS, the San Rafael City Council finds that the development is improved by deviations from typical Zoning Ordinance property development standards because the development has been reviewed by the City's Design Review Board and through revisions the project has developed standards and designs that are compatible with the neighborhood; and, -2- WHEREAS, the San Rafael City Council finds that the auto, bicycle and pedestrian traffic system is adequately designed for circulation needs and public safety. Emergency vehicle access is provided to serve the proposed development because the project has been reviewed and conditioned by the appropriate agencies and the auto, bicycle and pedestrian traffic system has met circulation needs and public safety and emergency vehicle access is provided. 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 - Ordinance No. 1686) District to PD (Planned Development - Ordinance No. 1711) District. Said property so reclassified is located at 70 Skyview Terrace, San Rafael, as shown on County Assessor's Parcel Number 165-230-01 through 22, 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 Montevideo Terrace 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. -3- 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. / V, -Al�v -111\ ALBERT J. BORO, Mayor Attest: �A A_PC" JEANNE X4. LEO CINI, City Clerk The foregoing Ordinance Number 1711 was read and introduced at a regular meeting of the City Council of the City of San Rafael on the 7`h day of Julv. 1997 . and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen., Heller, Miller, Phillips & 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 21" day of Julv Z! , 1997. �� . �@/�v0 JEANNE M. LEO CINI, City Clerk MONTEVIDEO TERRACE MASTER PLAN INTENT EXHIBIT "A" The Oakview Master Plan has been crafted by the Dixie School Board and surrounding neighborhood to provide for residential single family lots reflecting the pattern and character of the existing neighborhood and the continued non-profit public service uses. The Master Plan incorporates community objectives regarding use, disposition and development of the site and it is the intent of this Master Plan that subsequent actions (i. e. Final Map, Improvement Plans, Design Review) are implemented in accordance with the standards and guidelines presented. LAND USE In summary, the Plan proposes 23 single family residential units, 1 duplex unit and non- profit public service use of existing and proposed buildings for public and quasi -public uses on Parcel 21 (Lot 5 of Tentative Map TS97-2) (see Development Plan Sheet 1 and Tentative Map TS97-2). Non-profit agencies leasing space at Oakview will have programmatic emphasis on services to Marin's children, youth and their families. Administrative offices will be the primary use of space by these non-profit users. Scheduled periodic tenant Board meetings, training sessions, client services and public service meetings will be permitted. Current tenants include: • Marin Child Abuse Prevention Council • Youth Leadership Institute • Court Appointed Special Advocates • Full Circle • Coordinated Youth Services Council • Marin Association of Retarded Citizens • Volunteer Center Of Marin • Marin Council of Agencies The Oakview Nursery School, located on Parcel 21 (Lot 5 of TS97-2), will provide daycare and preschool education. The maximum number of students shall be 90, hours of operation shall be 7 A. M. to 6 P. M. and the maximum number of employees shall be 10. Any changes to these standards shall require an amendment of the Master Use Permit. PHASING The Master Plan consists of three phases, each of which could be developed separate and apart from the other. Phase 1 consists of Lots 1, 2, and 3. Phase 2 includes Lots 4 through 20. Phase 3 is Lot 21 (see Tentative Map TS97-2). The development of Phase 2 will include the elimination of buildings D & E (Refer to Development Plan Sheet 1). MONTEVIDEO TERRACE MAS. cR PLAN PAGE 2 LOT 21 DEVELOPMENT POTENTIAL Lot 21 (Lot 5 of TS97-2) shall have the potential to develop an additional 5,000 square feet of building. Upon completion of the Master Plan, the total 17,825 square feet of building proposed for the 2.21 acre Lot 5 of TS97-2 will result in a Floor Area Ratio of .185. TRIP GENERATION The Oakview Master Plan Trip Generation study prepared by Barnard C. Johnson, P.E. Inc. establishes a site historical trip generation of 71. The study determined that the trip generation rates for the project are as follow: Residential Uses: 1 trip/dwelling unit Non-profit Uses: 2.51 trips/1,000 gross square feet of building area The study determines that the Master Plan of 21 residential units and 17,825 square feet of public/quasi-public uses (including the additional 5,000 square feet of new building on Lot 21) will generate 64 trips. The Master Plan allocates 21 of the 71 historic trips to the residential uses and 50 of the historical trips to Lot 21 (Lot 5 of TS97-2) for public/quasi-public uses which operate in compliance with the Master Plan and Use Permit. PARKING The Master Plan proposes to maintain the existing 33 stall parking lot at the Skyview Terrace entry and provide 7 additional stalls prior to the demolition of the existing parking area off Montevideo Way. The new 27 stall parking lot shall be constructed with the development of additional building on Lot 21 (Lot 5 of TS97-2). RESIDENTIAL DESIGN STANDARDS The Master Plan will create 23 single family residential lots and 1 duplex lot. Overall density, lot sizes and building areas have been designed in accordance with General Plan land use and design policies, Zoning and Subdivision Ordinance provisions and neighborhood review to insure consistency with the existing neighborhood. Lot Area: Lot areas range from 7,335 to 53,438 square feet with an average of 18,826 square feet per lot. Setbacks: Property lines and building envelopes created by the proposed front, side, and rear setbacks are indicated on the Development Plan and Tentative Map. All lots have a front setback of 20' and side yard setbacks of 10' with the exception of Lot 16 which maintains a 15' side yard setback on the western property line to provide a stormdrain access easement. Rear setbacks on lots 11 through 20 have been established based on Miller Pacific geotechnical recommendations to maintain structures 30' from the top of the southern slope. MONTEVIDEO TERRACE MAS. _R PLAN Buildina Heiaht: PAGE 3 Building heights shall not exceed 30' with the exception of Lots 15 and 18 which are limited to 1 story buildings not exceeding 22' in height. Parkina: All residences shall have a minimum of 2 parking stalls within a garage having a minimum interior dimension of 20' in depth and width. House Area: The maximum size of any single family home shall not exceed 3,500 square feet including the garage. Lot Coveraae: The following lot coverage (as defined by the San Rafael Zoning Ordinance) limitations shall apply: Lots 1 through 10 40% maximum Lots 11 through 20 35% maximum Lots 1 through 4 of TS97-2 40% maximum Architecture: House architecture shall create interest in all building facades, incorporate energy efficient design and utilize colors and materials judged compatible with the surrounding neighborhood. Compatibility will include the use of pitched roofs. Two level designs shall provide first floor elements on the front and rear elevations with a minimum of a 10' building setback for the second floor to provide relief to two level facades. On one side property line of each two level design, the second floor shall step back a minimum of 10' from the side wall of the first floor. The purpose of this stepback is to intersperse non -repetitious voids between homes so that an articulated long range view of these homes is provided. Design Review shall determine whether proposed elevations accomplish this articulation. A minimum of 3 front elevations shall be utilized. Each elevation shall vary roof pitches, siding and trim details. Stucco and wood siding shall be permitted. If 3 car garages are proposed, a minimum of 2 garage doors are to be utilized, with a minimum of 2' setback difference between the doors and a distinguishing fascia or trim over each door. Where retaining walls are necessary, they shall be designed and constructed in an attractive manner which blends with exterior building materials of the home on the lot. Fences: Lots 4 and 5: Fencing is prohibited in the open space easement area. Lots 11 through 20: Fencing in the open space easement area is prohibited. Fences constructed at the top of the southern slope (as noted on the Development Plan) shall be wire mesh or equivalent material. Solid fencing or walls along the top of this slope is prohibited. Lot 21: A solid 6' high fence shall be installed along the property lines shared by Lots 2, 3, 4 and 10. MONTEVIDEO TERRACE MAS i =A PLAN LandscaDina: PAGE 4 A landscape plan for the following areas shall be prepared and submitted for review by the Design Review Board prior to approval of the Final Map. Montevideo Street Frontage: All residential front yards and the portion of Lot 21 abutting the street shall be subject to a landscape plan. (See Lot 21) Residential Lot Frontages: Builders will be responsible for landscaping the front yard of each home back to the front elevation. Each lot is required to have a minimum of two 15 gallon size trees in the front yard area. In order to create a somewhat unified streetscape, one canopy tree of a given species (Quercus agrifolia - Coast Live Oak or Celtis sinesis - Chinese Hackberry) must be planted within 8' of the back of sidewalk. These trees will match the trees planted on the north side of Montevideo Way between Lots 10 and 20. Selection of the remaining 15 gallon size tree will be the homeowner's choice. Some options include the following trees that are doing well at existing residences close to the project: - Cedrus deodara - Deodara Cedar - Oleo spp. - Olive ('Swan Hill' or'Wilson' fruitless varieties recommended) - Pinus muricata or eldarica - Bishop or Mondel Pines - Pinus cerasifera 'Krauter Vesuvius'- Flowering Plum The location of trees should be limited to areas which will not interfere or create a nuisance to neighboring properties upon maturity. No more than 33% of the front yard shall be non -living, non-organic material. Massed shrubbery and large ground cover beds are encouraged along with minimal but usable turf areas. Bare soil is not permitted. The use of drought resistant, low-water use plant material appropriate to the dry California climate is highly encouraged. Homeowners are encouraged to obtain lists from the Marin Municipal Water District. The use of decorative, multi colored gravel or astroturf is not allowed. Gravel mulch shall be earth tone color. Automatic irrigation systems are encouraged to conserve water and ensure proper watering of plant materials. Specific lot landscaping requirements are noted in Specific Lot Design Standards. Rear Yard Landscaping on Lots 11 - 20: Landscaping along the rear fence line of these lots shall be provided by the builder. In the area between the existing bench where the V -ditch will be located and the top of the slope all pampas grass shall be eradicated, all dead and dying Leylandi Cypruss shall be removed and existing native shrubs and trees shall be preserved. Additional native shrubs and trees to soften the appearance of the new fences and houses shall be planted. The plants to include Coast Live Oak, Coyotebush, Toyon and Siltassel (Garrya spp.) Native plants to be installed as five gallon size trees and one gallon size shrubs for better adaptability. Protect trees from deer with chicken wire cages as required. Planting will be arranged in naturalistic clumps rather than in a linear layout along the fence line. Clumps will be sited primarily at side yard property lines to preserve as much of the viewing windows as possible. Native plants to be irrigated for a minimum of 2 years until established with drip irrigation from individual homeowner yards above. MONTEVIDEO TERRACE MAS i -A PLAN PAGE 5 Below the line of the proposed V -ditch all competing shrubs should be removed within the drip lines of existing oak and madrone trees. All pampas grass shall be removed. Desian Review: All housing design shall be subject to design review by the City and must be found in compliance with these standards and compatible with the surrounding neighborhood. Residential design for lots 1 and 6 shall comply with the Hillside Design Guidelines. Lot 21 (Lot 5 of TS97-2) Landscar)ina: Landscaping shall be provided on Lot 21 (Lot 5 of TS97-2) along the fence constructed along the common property lines of Lot 21 and Lots 2, 3, 4 and 10. Between the existing parking lot and Lot 3, required landscaping shall be a hedge of shrubs between the sidewalk leading from Skyview Terrace to the Nursery School and the fence. The proposed new 27 stall parking lot shall be landscaped to City standards with species compatible with street frontage trees, shrubs and groundcover. Tree species will either be Quercus agrifolia, the Coast Live Oak or Celtis sinensis, the Chinese Hackberry. Landscaping along the Montevideo street frontage shall include canopy trees of 15 gallon size installed at 30' centers, shrubs and groundcover consistent with the plantings specified for the residential lot frontages. SPECIFIC LOT DESIGN STANDARDS In addition to previous applicable standards, the following standards will apply to the specific lots referenced: Lot 3: To reduce noise in living areas of the house, it is recommended that the design of Lot 3 locate a garage along the eastern property line between living areas and the daycare parking lot. The driveway shall be located adjacent to the western property line to provide maximum separation between driveways serving lots 3 and 21. Lots 8 and 9: The standards encourage site plans for lots 8 and 9 to incorporate driveway access from the easement serving lots 4 and 5. The Final Map approval shall incorporate a review of the developer's plans by City staff or Design Review Board to ascertain if access from the easement should be required. Lot 10: The design of the duplex on lot 10 shall provide for two separate vehicle access points to enclosed parking spaces. One of the garage doors shall be approximately perpendicular to the street curb. MONTEVIDEO TERRACE MAS �R PLAN PAGE 6 Lots 15 and 18: Residences on Lots 15 and 18 shall be limited to one level and 22' in height. Lots 11 throuah 20: In addition to previous applicable standards, the following shall apply to lots 11 through 20: • All residential designs for these lots shall be presented at one time for City Design Review approval; • Proposed residences shall not exceed an average of 3,000 square feet and shall provide a minimum 20% floor area variance between the largest and smallest residence; • No single residence shall exceed 3,500 square feet including a garage; and • No ground floor coverage of any single residence shall exceed 35% of the flat area of the lot as noted on the Lot Information chart of the Development Plan Sheet 1. The purpose of these standards is to intersperse non -repetitious voids between homes so that an articulated long range view of these homes is provided. Exceptions to these standards may be approved by the Planning Commission, when the applicant has demonstrated that alternative design concepts carry out the intent of these guidelines. OPEN SPACE AND DRAINAGE MAINTENANCE PLAN Open space easements will be recorded in the area south of the 15' Storm Drain Easement on lots 11 through 20 and north of the 240' contour on Lots 4 and 5. Maintenance of these areas will be the responsibility of a Homeowners Association or other responsible entity which has been reviewed and approved by the Planning Director, Public Works Director and City Attorney. Fencing will be prohibited within the open space easement areas. BELOW MARKET RATE HOUSING The Master Plan proposes the construction of 2 on-site residential units on Lot 10. These units would be subject to the same design criteria as the other residential units. The Master Plan provides for the opportunity for these units to be rented or allow for the Final Map for this phase to subdivide Lot 10 into 2 lots for sale. EXHIBIT "B" LEGAL DESCRIPTION MONTEVIDEO TERRACE. S.UB.DI.VISION CYORME.RLY: OAK VIEW SCHOOL METES AND BOUNDS)_ BEGINNING at the most Southerly point on the centerline of Lucas Park Drive as said point is shown upon that certain map entitled, "Map of San Rafael Park, Unit One, San Rafael, Marin County California", filed for record June 4, 1965 in Book 13 of Maps, at page 17, Marin County Records; thence South 26° 19' 45" West 225.200 feet and South 630 40' 15" East 279.000 feet to the true point of beginning of the parcel of land to be herein described, said true point of beginning being the most Easterly corner of Lot 90, as shown upon that certain map entitled, "Map of San Rafael Park, Unit Two, San Rafael, Marin County, California", filed for record August 17, 1965 in Book 13 of Maps, at page 26, Marin County Records; thence from said true point of beginning, South 74° 41' 37" East 281.356 feet; thence North 490 57' East 102.000 feet; thence along a curve to the right, having a radius of 473.00 feet whose center bears South 49° 57' West, having a central angle of 13° 20' a distance of 110.072 feet; thence South 260 43' East 192.651 feet; thence along a curve to the right, having a radius of 1173.00 feet whose center bears South 63° 17' West having a central angle of 23° 42' 55" a distance of 485.516 feet; thence South 49° 21' West 532.625 feet to the exterior boundary of that certain subdivision entitled, "Map of San Rafael Park, Unit Two, referred to above; thence along said exterior boundary, North 340 36' West 716.40 feet, North 130 25' 11" West 251.59 feet and North 44° 48' East 353.63 feet to the true point of beginning.