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Home My WebLink AboutOrdinance 1717 (Marin Lofts)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. 1717 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 PD (PLANNED DEVELOPMENT) DISTRICT TO PD (PLANNED DEVELOPMENT) DISTRICT (RE: ZC97-4; CRESTA DRIVE; AP NOS. 155-251-16 AND 17) (MARIN LOFTS)" 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 20th day of OCTOBER, 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 3rd day of NOVEMBER, 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 4th day of NOVEMBER, 1997. JEAAt M. LEONCINI, City Clerk ORDINANCE NO. 1717 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 PD (PLANNED DEVELOPMENT) DISTRICT TO PD (PLANNED DEVELOPMENT) DISTRICT (RE: ZC 97-4; Cresta Drive; AP NOS. 155-251-16 and 17 (Marin Lofts) 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 District that would permit 1.62 acres of open space and 15 residential condominium or apartment units; 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: 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), R-5 and NE -20 (Preservation of Hillsides). 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, 1.62 acres of open space are provided and the proposed 15 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; 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 (Planned Development) District to PD (Planned Development) District. Said property so reclassified is located on Cresta Drive, San Rafael, as shown on County Assessor's Parcel Numbers 155-251-16 and 17, 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 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. 19, ALBERT IB'ORO, Mayor Wz Attest: JEX&N M LLEONCINI, City Clerk The foregoing Ordinance Number 1717 was read and introduced at a regular meeting of the City Council of the City of San Rafael on the 20th day of October, 1997, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS : None ABSENT: COUNCILMEM 3ERS: 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 3`d day of November, 1997. k. JUNNE M. LEONCINI, City Clerk -3- EXHIBIT A MARIN LOFTS PLANNED DISTRICT 1. Land Use Regulations A. Permitted uses 1. 15 residential condominium or apartment units and open space 2. Home occupations as defined in and subject to the City of 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 15 residential condominium or apartment units 2. Area: Total Area - 2.89 acres 3. Setbacks: 20 foot setback from property line to any building 3. Lot coverage: 44% maximum building coverage 4. Building Height: 38 ft., as measured by the Uniform Building Code 5. Specific Architectural Standards: three-story structure above basement parking with maximum height as defined above in #4. 6. PM Peak Trips: 15 7. Parking: 41; 2.5 spaces per unit 8. Circulation: Access shall be from Cresta Drive. On-site driveway areas shall be constructed 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 Open Space Parcel (identified as 155-251-16; a 1.62 acre parcel)(See Exhibit Al attached) 1. Continuation of Existing Open Space Easement a) This parcel shall be kept open and free from buildings and structures of any kind, except that recreation improvements, as allowed by the City of San Rafael Zoning Ordinance, may occur. b) All vegetation on this parcel shall remain in its natural state except for the removal of Pampas Grass and Scotch Broom, as required by 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 Division of the Community Development Department. d) This parcel shall remain in private ownership, maintained by the property owners and left open in perpetuity. Conditions of a subdivision of the entire site will require that private ownership of this parcel be maintained. C. Compliance with conditions of approval 1. All conditions of Use Permit (UP97-52), Environmental and Design Review Permit (ED97-52) and future conditions of the tentative subdivision map shall apply to this Planned District zoning. s � S ?5 Z.4 h o yf dp (1 r D IL col 16 10 •.r, 98.29,E PCI ., PRIyA7E ~ �"'� a t7 4 ' 74 apEN AZ�� } 7Ae cn tj SPAC,E- z ��' ��v 8.36 R"3OQ 17 c PRIVAT `¢ Afo 7!. .6 z � s� � .v 17'23 *,'V;. 2 2 Ac t-r-3� 54. t 230. 3d o1 R'Eos ' W��iadcZ+ - M' 9 S 57F t L• 579.57 ��'�� 79_ 43 .�, DESCRIPTION All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: PARCEL 2, as shown upon that certain map entitled "Parcel Map of Subdivision of Lot 2B Smith Ranch, Northerly portion 17 Maps 39" filed for record June 29, 1978 in Volume 15 of Parcel Maps, at Page 39, Marin County Records. ,eL--xti,�,-f .8