HomeMy WebLinkAboutOrdinance 1712 (Vista Marin)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. 1712 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 -WO -H (PLANNED
DEVELOPMENT -WETLAND OVERLAY -HILLSIDE) DISTRICT TO THE PD -WO -H
(PLANNED DEVELOPMENT -WETLAND OVERLAY -HILLSIDE) DISTRICT (RE: ZC96-6,
End of Scettrini Drive/Merrydale Court), AP No. 180-124-02 (Vista
Marin)"
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 21st day
of JULY, 1997, 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 4th day of AUGUST, 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
5th day of AUGUST, 1997.
4 •'��
JEAN LEONCINI, City Clerk
ORDINANCE NO. 1712
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 -WO -H (PLANNED DEVELOPMENT -
WETLAND OVERLAY -HILLSIDE) DISTRICT TO THE PD -WO -H
(PLANNED DEVELOPMENT -WETLAND OVERLAY -HILLSIDE) DISTRICT
(RE: ZC96-6, End of Scettrini Drive/Merrydale Court),
AP NO. 180-124-02.
(Vista Marin)
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
WHEREAS, the property owner has requested a zone change to a Planned Development -
Wetland Overlay -Hillside District that would permit Parcel A, a 45 acre open space easement,
Scettrini Drive, a 2.4 acre private roadway and 49 single family residential lots; 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 change 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: LU -19 (Design Approach), LU -24
(Entryways to the City), LU -29 (Tree Protection), LU -34 (Residential Site Design), LU -35
(Project Design Considerations), LU -36 (Additional Community Design Map Considerations),
NE -20 (Preservation of Hillsides), NG -14 (Scettrini), C-4 (Trip Allocation), C-7 (Traffic
Capacity), C-18 (Traffic Mitigation Fees), H-19 and H-23 (Affordable Housing), R-4 (Parkland
Dedication Fees), NE -13, NE -14 and NE -15 (Protection of Natural Resources), S-1 (Use of
Hazard Maps in Development Review), S-4 (Geologic Review), S-5 and S-6 (Soils and
Geologic Review) and S-11 (Seismic Safety of New Buildings).
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 adequate open space is provided because development
standards are incorporated in the planned district, 45 acres of open space are provided and the
proposed 49 residential units have been reviewed by the City's Design Review Board, and the
development is a design compatible with the surrounding neighborhood; 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 and will be installed as part of 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 in that 5 lots/housing
sites were eliminated from the subdivision design, varied/staggered sideyard setbacks are
provided to reduce the mass of the project, the Below Market Rate units were also relocated to
"break up" the massing of the upper row of units, additional landscaping between homes and in
the "buffer" located adjacent to the wetland is incorporated into the landscape plan to provide a
transition between the wetlands, a substantial landscape buffer, which includes the construction
of 6 foot high solid fences along all of the rear property lines of the downslope homes, will insure
that privacy is maintained for the residents of the adjacent Gables development and landscaping
and fencing is also provided to screen the guest parking area (located adjacent to Lot #49); and,
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 and the project has been reviewed and
conditioned by the appropriate agencies.
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 -WO -H (Planned Development -Wetland Overlay -Hillside) District to PD -WO -H
(Planned Development -Wetland Overlay -Hillside) District. Said property so reclassified is
located at the end of Scettrini Drive, San Rafael, as shown on County Assessor's Parcel Number
180-124-02, per legal description attached as Exhibit `B".
DIVISION 2. Any development of this property shall be subject to the conditions outlined in
Exhibit "A", specific development standards for the project site, 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
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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. This ordinance shall be published once in full before its final passage in a
newspaper of general circulation, published and circulated in the City of San Rafael, and shall be
in full force and effect thirty (30) days after its final passage.
4
hERBORO, Mayor
Attest:
M. LEONCINI, City Clerk
The foregoing Ordinance Number 1712 was read and introduced at a regular meeting of the
City Council of the City of San Rafael on the 21St 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 4th day of Aueust. 1997.
M. LEONC I, City Clerk
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EXHIBIT A
VISTA MARIN PLANNED DISTRICT
1. Land Use Regulations
A. Permitted uses
1. 44 Single-family detached residential
2. 5 Below Market Rate (BMR) attached residential (Lots 1 -3, 17, 18)
3. Home occupations as defined in the City of San Rafael Zoning Ordinance
4. Family day care (0 - 6 Children or adults)
5. Accessory structures and uses customarily incidental to a permitted use and contained
on the same site subject to design review.
B. Conditional Uses
1. Family day care homes
a) 7 - 12 children with an Administrative Use Permit as specified in the San Rafael
Zoning Ordinance
2. Development Standards
A. This P -D zoning is approved for development of the following:
1. Land Uses: A maximum of 49 residential dwelling units
2. Area: Total Area - 52.88 acres
Developed Area - 3.4 acres
3. Setbacks/Lot coverage: All improvements shall be set back at least 50 feet from the
edge of the marsh and development shall be consistent with the building setbacks
shown on ED96-58. Exceptions to the 50 foot setback shall be allowed for fencing
and landscaping improvements on Lots #32-#35 as shown on the approved plans for
ED96-58.
4. Building Height: 30 ft as measured from existing grade
5. Specific Architectural Standards: Consistent with the Hillside Design Guidelines
6. PM Peak Trips: 49
7. Parking: 260 total, 5.3 spaces per unit
8. Circulation: Access shall be a private street built to City engineering standards
9. Grading: All recommendations contained in the project soils report, Negative
Declaration and recommended by the San Rafael Public Works Department
B. Provisions of Parcel "A"
1. Establishment of a Conservation Easement -
a) Parcel "A" shall be encumbered with a Conservation Easement within which no
development except the installation and maintenance of utility and drainage
facilities and approved recreation improvements may occur.
b) All vegetation within the Conservation Easement shall remain in its natural state
and shall be enhanced as required by the Negative Declaration and project
conditions of approval.
c) Future tree removal shall be prohibited except where, upon the recommendation,
by a certified Arborist, a tree poses a threat to life or property due to poor health or
other dangerous conditions and such tree removal has been approved by the
Planning Department.
2. Restoration of native species within Parcel "A"
EXHIBIT A
a) Habitat restoration, revegetation and management shall be performed as per the
project conditions of approval.
C. Compliance with conditions of approval
1. All conditions of Use Permit UP96-36, Environmental and Design Review Permit
ED96-58 and Tentative Subdivision TS96-2 shall apply to this Planned District
zoning.
n ,5 11:
DESCRIPTION
All that certain real property situate in the City of San Rafael,
County of Marin, State of California, and is described as follows:
PARCEL ONE:
Parcel B, as shown upon that certain Parcel Map entitled "Parcel Map of
Property line Adjustment between Lands of Equitec/Tiburon and Lands of
Scettrini San Rafael, California", filed for record June 14, 1982 in Book
20 of Parcel Maps, at Page 51, Marin County Records.
Excepting therefrom those certain parcels of land described in the Deeds
executed by Richard H. Scettrini, et al to the City of San Rafael,
recorded March 8, 1995 as Instrument Nos. 95 011034 and 95 011035, Marin
County Records, and more particularly described as follows:
A) Beginning at the most Westerly corner of Parcel B, as shown on that
parcel map recorded June 14, 1982 in Book 20 of Parcel Maps, at Page 51,
Marin County Records; said corner also being on the Easterly right of way
of Civic Center Drive; thence North 35° 33' 28" East, a distance of 33.39
feet; thence South 290 12' 37" East, a distance of 211.23 feet; thence
along the arc of a curve to the left the center of which bears North 601
47' 23" East, a distance of 75.00 feet, through a central angle of 12° 43'
1011, an arc distance of 16.65 feet; thence South 27° 04' 08" East, a
distance of 65.78 feet; thence South 78° 29' 20" West, a distance of 41.52
feet; thence North 270 04' 08" West, a distance of 266.81 feet to the
point of beginning.
B) Beginning at the most southerly corner of Parcel B, as shown on that
parcel map recorded June 14, 1982 in Book 20 of Parcel Maps, at Page 51,
Marin County Records, said corner also being on the Easterly right of way
of Civic Center Drive; thence North 78° 29' 20" East, a distance of 466.12
feet; thence North 11° 30' 40" West, a distance of 86.00 feet; thence
South 78° 29' 20" West, a distance of 490.06 feet; thence South 270 04'
08" East, a distance of 89.27 feet to the point of beginning.
C) Beginning at the most Westerly corner of Parcel B, as shown
on that parcel map recorded June 14, 1982 in Book 20 of Parcel
Maps, at Page 51, Marin County Records; said corner also being on
the Easterly right of way of Civic Center Drive; thence North 350
33' 28" East, a distance of 33.39 feet to the true point of
beginning; thence continuing North 350 33' 28" East, a distance
of 11.65 feet to the Westerly line of Parcel A of the
aforementioned parcel map; thence along said line, South 270 04'
08" East, a distance of 232.88 feet; thence leaving said line
along the arc of a curve to the right, the center of which bears
North 480 04' 13" East, a distance of 75.00 feet, through a
central angle of 12° 43' 1011, an arc distance of 16.65 feet;
thence North 290 12' 37" West, a distance of 211.23 feet to the
true point of beginning.