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HomeMy WebLinkAboutOrdinance 1671 (Northview Townhouses)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. 1671 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE 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 IN THE NORTHGATE AREA (RE: Z89-8 - END OF PROFESSIONAL CENTER PARKWAY - A 28 -UNIT RESIDENTIAL TOWNHOUSE PROJECT, AP 155-050-03 & 04) (NORTHVIEW TOWNHOUSE PROJECT)" 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 DECEMBER, 1994, 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 19th day of DECEMBER. 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 20th day of DECEMBER. 1994. JEAN, 5. LEONCINI, City Clerk ORDINANCE NO. 16 71 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 IN THE NORTHGATE AREA (RE: Z89-8 - END OF PROFESSIONAL CENTER PARKWAY - A 28 -UNIT RESIDENTIAL TOWNHOUSE PROJECT, AP 155-050-03 & 04) (NORTHVIEW TOWNHOUSE PROJECT) THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: 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 reports relevant to the proposed amendment, and recommended to the City Council approval of the proposed amendment; and WHEREAS, the San Rafael City Council finds that the proposed amendment to the zoning map is consistent in principle with the General Plan, adopted Northgate Activity Center Plan, and other applicable plans or policies; and WHEREAS, the San Rafael City Council finds that the Development Plan is appropriate in area, location and overall planning for the purpose intended, and the Project shall constitute a residential environment of sustained desirability in harmony with the character of the surrounding neighborhood, and adequate open space has been provided; and WHEREAS, the San Rafael City Council finds that the development is improved by deviations from typical Zoning Ordinance property development standards because greater landscape buffer areas, clustering of development, consistency with the Residential Hillside Guidelines, and development standards set forth for landscaping and architecture will provide for higher quality development on the site; 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 and emergency vehicle access is provided to serve the proposed development based on the information contained in the project application and the Environmental Impact Report and review by the City's Fire, Police, and Public Works Departments; and ORIGINAL WHEREAS, the San Rafael City Council finds that public health, safety and general welfare are served by the adoption of the proposed amendment to the zoning map; and WHEREAS, the San Rafael City Council incorporates into this preamble the findings made and set forth in the Significant Effects, Mitigation Measures and Findings of Fact regarding the Zone Change, Use Permit, Environmental and Design Review Permit and Tentative Subdivision Map for the Northview Townhouse Project. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY 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 P -D -WO -H (Planned Development, Wetland Overlay, Hillside) District and P -D -H (Planned Development, Hillside) District to P -D -WO -H (Planned Development, Wetland Overlay, Hillside) District with development standards. Said property so reclassified is located at the End of Professional Center Parkway, San Rafael, (Exhibit "B") County Assessor's Parcel Number 155-050-03 & 04. DIVISION 2. Any development of this property shall be subject to the development standards outlined in Exhibit "A" 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 sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 4. The 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. 2 „lIr/e4�WeOolg : • • Attest: JEANNE M. LEONCINI, City Clerk The foregoing Ordinance No. 16:71 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 5 th. day of DECEMBER , 1994, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini 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 19th.. day of DECEMBER , 1994. JEANNE M. LEONCINI, City Clerk 3 EXHIBIT "A" P -D Zoning Development Standards (a) This P -D zoning is approved for development of the following: Land Uses: A maximum of 28 residential units. Area: 3.7 developed acres, total site 13.1 Setbacks: All improvements shall be set back at least 75 feet from the marsh area, and development on the parcel shall be consistent with the building sites shown on the Tentative Map dated 7-94. Coverage: 8% or 45,800 square feet Specific Architectural Standards: Consistency with Residential Hillside Guidelines and Design Review Board recommendations PM Peak Trips: The parcels have been assigned 37 PM Peak Trips. The project will use 28 PM Peak Trips. The extra 9 trips will be added to the City's general trip reserve. Parking: 84 parking spaces are proposed for this project, for a total of 3 spaces per unit. Circulation: Access shall be from a private street built to City engineering standards. Grading: All recommendations of the EIR and the San Rafael Public Works Department shall be implemented. (b) Provisions of Parcel "A". Establishment of a Conservation Easement Parcel "A" shall be encumbered with a Conservation Easement, within which no development except the installation of access and utility/ drainage and approved recreation improvements may occur. All vegetation within the Conservation Easement shall remain in its natural state. Future tree removal shall be prohibited except where, upon the conclusion of 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. Restoration of native species within Parcel "A" Habitat restoration, revegetation and management shall be performed as per the Conditions of Approval. (c) All conditions of Z89-8/UP89-43/ED89-55/TS90-5 shall apply. NORTHVIEW 181266 EXHIBIT "B" All that certain real L., situate in the City of San Rafael, County of Marin, State of Calif rn a, described as follows: Beginning at a which man.. ;...,C, bears Noocth 590 57' Fast 1387.80 feet from the most Northerly of Parcel One, as the same is described in the Deed F rau Rose G. Foster to the State of Cal ifo rn;a, March 13, 1953 in Book 794 of Official at Page 317, Marin County Records; said point being aLw., tie boundary line of the Rancho San Pedro Santa Margarita Y Las Gallinas;-' thence along said boundary line, South 79° 46' West to the most N, U c-ly ...c- of the parcel of land described as Parcel One in the Deed executed by John P. Boswell, et al to Central Marin Sewage Disposal Comparny, a Calif;a Corporation, May 12, 1954 in Book 865 of Official Records at Page 369, Marin County Reeds; thence along the Easterly and Southerly boundary lines of said parcel, South 11' 29' East 103.13 feet, South 78° 31' West 90 feet -land South 46° 44' 19" West 325.92 feet to the most Nor-thely of the parcel of land described in the Deed executed by Alliance ance Cm tion Co.,, a Calif; a Q,,k, ration to All ; anm Military Housing dation, a cct-pae-..tioma; 1+-A2nae along the Easterly boundary line of said parcel, South 340 03' 31" East 148.79 feet to the most Easterly ...r. thereof; said point also beim on the Northerly boundary lime of the parcel of land described in the Deed executed by Alliance Construction Co., a �L....�aticn, to Abraham Bernstein, et ux, ..,..... bed October 26, 1956 in Book 1068 of Official. Records at Page 583, Marin county Record; thence along said line North 55° East 430 feet?�tnd South 80. 30' 32" East 1467.94 feet to the Easterly line of the lanais described in the Deed to Rose Foster, recorded August 31, 1921 in Book 231 of Official Records at Page 77, Marin County Records; thence along said line and the boundary line of said Rancho San Pedro Santa Margarita Y Las Gal 1; n s in a Northwesterly and Westerly direction, on to the point of beg+ nn ug .