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HomeMy WebLinkAboutOrdinance 1678 (157 Woodland Ave.)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. 1678 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, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM HR1 (HILLSIDE RESIDENTIAL, 1 ACRE MINIMUM) TO THE PD (PLANNED DEVELOPMENT) DISTRICT (RE: ZC95-2, 157 WOODLAND AVENUE, SAN RAFAEL, AP NOS. 13-114-19 AND -20)" 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 19th day of JUNE, 1995, 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 17th day of JULY, 1995, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 19th day of JULY, 1995. JEANNr M. LEONCINI, ity Clerk ORDINANCE NO. 16 7 8 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, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM HR1(HILLSIDE RESIDENTIAL,1 ACRE MINIMUM) TO THE PD (PLANNED DEVELOPMENT) DISTRICT (RE: ZC95-2, 157 WOODLAND AVENUE, SAN RAFAEL, AP NOS. 13-114-19 and -20) 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 amendments and recommended to the City Council approval of the proposed amendment; and WHEREAS, the Development Plan is consistent with the General Plan, adopted neighborhood plans and other applicable City plans or policies; and WHEREAS, 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. The project has been reviewed and recommended for approval by the Design Review Board; and WHEREAS, the applicant demonstrates that public facilities are provided to serve the anticipated population because the project has been referred to all public agencies and required new public facilities will be installed as part of the project; and WHEREAS, the development is improved by deviations from typical Zoning Ordinance property development because the Planned Development District will allow the townhouses to be clustered on the site, thereby reducing grading and tree removal and visual impacts; and WHEREAS, the auto, bicycle and pedestrian traffic system is adequately designed for the circulation needs and public safety. The project has been reviewed and conditioned by the appropriate agencies and the auto and pedestrian traffic system has met circulation needs and public safety and emergency vehicle access is provided. ORIGINAL o,�° THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY 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 rezoning the following described property from HR1 (Hillside Residential, 1 acre minimum). Said property is located at 157 Woodland Avenue and shown as County Assessor's Parcel Nos. 13-114-19 and -20, per legal description attached as Exhibit "B". 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 thereof. 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. 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. l,. Z ALBERT J. B , Y Ma or Attest: JEMME M. LEONCIN , City Clerk The foregoing Ordinance No.1678was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 19th day of June,. 1995, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappeti ni & 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 17th day of July, 1995. JE M. LEONCISTI, City Clerk PLANNED DEVELOPMENT (PD) DISTRICT STANDARDS (a) This Planned Development District zoning is approved for development of the following: Land Uses: A maximum of ten townhouse units and two single family lots as shown on the site plan prepared by Wallace and Associates dated February 15, 1995 and the grading plan prepared by Robert Copple dated February 16, 1995. Area: 2.25 acres Setbacks: Units for the Townhouse development on Parcel 3: As shown on the site plan prepared by Wallace and Associates dated February 15, 1995 and the grading plan prepared by Robert Copple dated February 16, 1995. These setbacks are approximately: 35 feet from the Woodland Avenue frontage, 20 feet from the eastern property line, 25 feet to the western property line, and 60 feet to the rear property line. Structures for the two single family residential lots shall be located within the building envelope shown on the parcel map. Minor improvements, such as pathways, decks, and patios can occur outside the envelope if approved under an Environmental and Design Review permit. Specific Architectural Standards: Maximum building height of 30 feet measured from existing grade. The Townhouse units shall be constructed in accordance with the elevations and floor plans prepared by Wallace and Associates dated March 15, 1995. Any revision to the approved plans is subject to Planning Commission review. The single family residential lots are subject to Environmental and Design Review approval by the Planning Commission. The structures must comply with the following architectural and landscape guidelines: a. The site design shall minimize grading and tree removal. For each significant tree (Oaks more than 6 inches in diameter and other native trees in good health and form more than 12 inches in diameter as measured 4'6" above the root crown) removed, the proposed landscaping plan shall include at least three replacement trees with a minimum size of 15 gallon. The Design Review Board may recommend reduction of this requirement. An arborist report shall be prepared for each site to evaluate the health of trees and propose guidelines for the preserwaicn of significant trees. b. The architecture of each residence shall be designed to step down the slope. Roof forms shall be broken up and parallel the slope. Large expanses of a wall in a single plane should be avoided on downhill elevations. Overhanging or elevated decks and excessive cantilevers should be avoided. c. Earthtone colors which coordinate with the predominant colors and values of the surrounding landscape are required. d. Landscaping plans must utilize drought tolerant, fire resistant, native plants. e. Heights of retaining walls should not exceed 4 feet. Wall materials shall be constructed of building materials which blend with the site. Grading is to be minimized and maintain a natural appearance with slopes of 2:1 to 5:1. Pads must be of a minimum size for structures. f. Each home shall provide two covered parking spaces and one guest parking space which is not located on the driveway apron. PM Peak Trips: The development has been assigned 12 General Plan peak hour trips. (b) All Conditions of DA95-1, ED95-10, UP95-59, and s95-1 shall apply. Lr .. U rliui All that certain zeal t -x'-61 si.tut3e ill the City of Sari Rafael, Com y of Marin, State of California, described as follows: Be9iraiing at a point In the Ea wt=iy line of Bungalow Avera se in the City of San RafaP1 ice said lime is intmmec-teci by the southerly Line of that gain tract of I and conveyed by Julia E. Thayer and Rose E. sayer t0 Julia E. 'n=yer and Alica Weiss and ..-.L-td July 12, 1948 in Soot{ 588 of Official R9oc=ds at Page 436, Marin City Recozzis and naming thence altrxg the exterior bcundaMW of said tract, South 810 07' 38" East 86.73 feet, North 58' 08' 22" East 183.37 feet: thence leaving said boundary North 33' 22' 30" East 55.93 feet to the Na-theast ==clary of tract Pecaxily desc--zbed in Deed free JuLta Sommer to Rose E_ Sommer, et al, LVA-.-4.6LL. i Febxu3xy 19, 1927 in Book 11.3 of OffiG:al I'-�..�L., at Page 304, Marin Caarty Rq==-ds; running thence along said IL- LI.mst line, South 73' 30' East 103.91 feet; itt" ce leaving said line, South 80' 03' East 144.:3 feet to the westerly lime of tzac.-t of Laid described in Deed firm Bank of America, Natural Test and Savings Ass=,tion to Frank C. and Elsie Dougherty, in Deed Jany 15, 1943 in Book 442 of Official Recazds at Pace 50, Marin Cam -Cy Re==ds; r==ing thence along said last mentioned line, South 4' 47' West 77.14 feet and South 29' 40' East 208.1 feet to the 3n,=.6,-.:icn of the tko cxxxcses South 29• 40' East 295.4 feet and South 00' 22' WeSL 202.3 feet, as set forthl in the description of the parcel of land secaxdly described in Deed f:c:a JU I 1- Scnm e= to Rose E. Sommer, et al, hexeintofore mentianed and naanitng thence along said boundary South 00' 22' West 202.3 feet Sou !h 40' 59' kit 196.4 feet, south 55' 28' west 197.4 feet and North 47' 20' West 397.39 feet to a point in the Ea ste ly line of T!k=xplaa Av rule as hexvi n mer tinned; tierce in a genal N--- .1..,-1y di^ect-on along said Zine NOrth 2b' 52' East 42.23 feet, No=rth 08' 16' West 65.8 feet, North 24' 51' Wear 67.7 feet and Noz ch 03' 30" 'nest 203.0 feet to the point of berg' *zn' ng . Being a p=ticn of Logs 11 and 12, as skxxm on that cerin map enti'-'-ed. "Map of Picnic Valley Tract,, Near San Rafael", filed for rec=d May 19, 1870 in Volume 1 of Maps at Page 26, Marin Co=ty Records. Excepting that partim _-eluded wit . n the bags of tthat cex-.zit. Man. entitled. "La Lana Hp_igints, San Rafael, Marin Ccxnzty, Calif.", filed for record .iaz 16, 1951 in Volume 7 of Maps at Page 31, Mar:Ln County Reds. Also �....t r ��4 ll,� � �... -that po=tion included Within the bocaxis of that ce='.air ran entitled, "Man of La Lana Woodlands, San Rafael, Marin County, Ca11fc:ria", filed 6cr record July 19, 1957 ir. Voli 9 of Maps at Page 84, Marin CoLm-ty Reczz-4s. DESCRIPTION ALL THAT CER :.SIN REdU_ PROPERTY situate in the City of San R-dael, County of Marius, State of California, described as follows: BEGINNING at a point on the Southerly line of Woodland Avenue (formerly The San Rafael -San Quentin Road at the Northeasterly corner of the property debed in the Deed from John W. Mackay, et a!, to Mary Do Martini, recorded November 18, 1890 in Book 13 of Deeds at page IZZ, Marin Canty Records -,running theme adonpb the Southerly line of Woodland Avenue, South 94 1Z East 293 feat and South 62 11' East 50 feet; thence leaving said last mentioned line and running Southerly along the Westerly line of the property desczibed in the Deed from Bret Harte Realty Cam a corporation to Qiilotti Brothers, Ind recorded March 25, 1952 in Book 735 of Oftci.ai Records at page 359, Marin County Records and its Southerly exte a on South 4 4T West 321.46 feet to the point of intersection of the cadls "South 80 03' East 144.53 feet and South 4o 47' West 77.14 feet" as set forth in the Deed from Rose E_ Sommer, et al to Joseph Sanchez, et al, recorded July 14 1950 in Book 651 of Official Records at page 412, Marin County Records; thence along the Northerly and Northwesterly lino of said last mentioned Deed to Sancbhez, North 800 03' West 144.53 feet, North 73 30' West 103.91 feet and South 33 2Z 30" West 65.93 feet; thence leaving said Northwesterly line in the Deed to Sanchez, North 240 44' 26" East 63.75 feet to the Southeasterly corner of the property described in the Deed to De Martini► first above mertioneg; thence along the Easterly line of the property described to De Martin, North 10 15' West 323.4 feet to the point of begitnning. EXCEPTING THEREFROM that triangular portion of the above described property lying So•�th of the boundary line of North 73° 30' West 103.91 fent extended Westerly to imarsec: with the Westerly boundary of parcel of land herein above mentioned.