HomeMy WebLinkAboutOrdinance 1581 (The Highlands)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. 1581 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 14.15.020 OF THE MUNICIPAL CODE OF'SAN RAFAEL,
PROPERTY FROM U (UNCLASSIFED) DISTRICT TO P -D (PLANNED
DEVELOPMENT) DISTRICT (THE HIGHLANDS)"
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 FOURTH day of DECEMBER F
19 89 , 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 EIGHTEENTH day of DECEMBER ► 19 89
by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: Shippey
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official seal
of the City of San Rafael this
Nineteenth day of December ,
19 89
JEANNtI M _, LEONCINI ,City Clerk
ORDINANCE NO. 1581
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP
OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY
SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, PROPERTY
FROM U (UNCLASSIFIED) DISTRICT TO P -D (PLANNED DEVELOPMENT)
DISTRICT.
(THE HIGHLANDS)
THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1 Findings.
1. Pursuant to Title 14 (Zoning) of the San Rafael Municipal
Code application has been made to rezone that certain real
property located at the terminus of Orchid Drive, San Rafael,
bearing Assessor's Parcel No. 178-061-01, and more particularly
described in Exhibit "A" attached hereto, from the U
(Unclassified) District to the P -D (Planned Development)
district.
2. The City Council hereby finds that the proposed rezoning is
consistent with the goals and policies set forth in the City's
General Plan, as more specifically set forth in City Council
Resolution No. 8094 , which Resolution is on file with the
City Clerk and incorporated herein by reference.
DIVISION 2 Amendment.
The zoning Map of the City of San Rafael, California adopted by
reference by Section 14.15.020 of the City's Municipal Code is
hereby amended by reclassifying to P -D (Planned Development)
district that certain real property located at the terminus of
Orchid Drive, San Rafael, bearing County Accessor's Parcel No.
178-061-01 and more particularly described in Exhibit "A"
attached hereto.
DIVISION 3 Conditions of Development.
Any development of this property shall be subject to the
Development Standards outlined in Exhibit "B" which is attached
hereto and made a part hereof.
DIVISION 4 Separability.
If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such holding or
holdings shall not affect the validity of the remaining portion
1
ORIGINAL ,sp,
of the ordinance. The City Council declares that it would have
passed this 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 5 Publication.
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 30 days after its passage.
'Lawrence E. Mulryan; Mayor
Attest:
JeAi ne M. Leoncinl, City Clerk
The foregoing Ordinance No. 1581 was read and introduced at a
regular meeting of the City Council of the City of San Rafael
on the FOURTH day of DECEMBER , 19 89, and ordered
passed to print by the following vote, to wit:
AYES: Councilmembers: Boro, Breiner, Thayer & Mayor Mulryan
NOES: Councilmembers: Shippey
ABSENT: Councilmembers: None
and will come up for adoption as an ordinance of City of San
Rafael at a regular meeting of the Council to be held on the
18th day of DECEMBER , 19 89
Je =. Leoncini, City Clerk
ra
"EXHIBIT A"
REAL PROPERTY SITUATED IN THE CITY OF SAN RAFAEL, COUNTY OF
MARIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING at point on the boundary line as established by
"Agreement Establishing Boundary" executed by Manuel Fagundes
and Munuel T. Freitas, et al, recorded March 1, 1951 in Book
681 in Official Records, at page 76, Marin County Records, said
point being the most Easterly corner of Lot 104, as shown on
that certain map entitled, "Map of Terra Linda Oaks, No. 2 in
County of Marin, California", filed for record June 12, 1957 in
Volume 9 of Maps, at page 81; and running thence along the
Easterly line of said subdivision South 240 00' West 411.97
feet and South 190 15' 25" East 364.88 feet to the most
Northerly corner of Lot 89, as shown on that certain map
entitled, "Map of Terra Linda Oaks No. 1 in the County of
Marin, California", filed for record June 10, 1955 in Volume 8
of Maps, at page 69; thence along the Northerly boundary of
said subdivision, South 330 21' 08" East 134.31 feet; South 550
30' East 85 feet; thence on a curve to the left whose radius is
312 feet and whose center bears North 420 17' 38" East a
distance of 322.45 feet; thence on a curve to the left whose
radius is 757 feet and whose center bears North 160 54' 18"
West a distance of 96.64 feet; thence North 810 17' 24" East
76.2 feet, North 530 22' 40" East 190.53 feet; North 380 05'
East 91.77 feet; North 530 22' 40" East 122.32 feet; North 670
17' O1' East 135.55 feet North 890 51' East 93.58 feet to the
Northeast corner of Lot 72, as shown on the "Map of Terra Linda
Oaks No. 1", above mentioned, thence North 90 42' 16" West
44.25 feet, more or less to the boundary line as established by
"Agreement Establishing Boundary", above referred to, thence
North 630 24' 20" West 1210 feet, more or less, to the point of
beginning.
A-1
"EXHIBIT B"
Z. DEVELOPMENT STANDARDS
A. Prior to issuance of building permits, the final
building design (elevations and unit placement
proposed for each lot) shall be reviewed by the
Design Review Board and approved by the Planning
Commission.
B. All lots proposed for development shall be subject to
the following spatial standards:
1. Frontyard setback: 20' minimum. Reductions can
be considered on lots 15 & 16 for parking bay
encroachment into front yards.
Sideyard setback: 5' minimum.
Street sideyard setback: 15' minimum.
Rearyard setback: 20' minimum.
All frontyard and street sideyard setbacks shall
be measured from the face of street curb; all
other setbacks shall be measured from the
property line.
Encroachments into setbacks with porches,
landings, outside stairs, elevated decks and
architectural features are permitted where
consistent with Chapter 14.75 General Provisions
and Exceptions of the San Rafael Zoning
Ordinance.
2. Maximum building heights for main structures
shall be 30' based on the Uniform Building Code
methodology for measuring building height,
except that on lots 17, 18, 19 and 20, buildings
shall be no higher than one story and a maximum
of 20' to roof peak above the roadway grade
which serves these lots.
3. Maximum Building Coverage: 35%
4. Sheet L-1, Landscaping & Lighting Plan (October
6, 1989), prepared by Wihlborg Design identifies
existing trees that are to be preserved on lots
4, 5, 6, 12, 15, 16, 17, 18, 19. Provisions of
the subdivision CC&R's shall ensure protection
of these trees. Structures shall be designed on
these selected lots to minimize any impacts to
B-1
or destruction of existing trees. The
encroachment of buildings and other impervious
surfaces shall be minimized within tree dripline
areas.
C. Exterior building materials and colors shall be
natural and shall be selected to blend with the
surrounding hillside.
D. The final site and landscape plans proposed for lots
15 through 20 shall include a rearyard tree planting
program to promote a natural screening of structures
visible from off-site.
II. SLIDE REPAIR/SLOPE STABILIZATION MEASURES
(Refer to Figure 3, page 21 of Draft EIR) Except as
otherwise required pursuant to conditions of approval,
repair and stabilization shall be performed as follows:
A. Compacted fill buttresses are to be used for the
following areas.
1. Large area "A" between fire/water tank road and
subdivision road.
2. Area "A" at southwesterly property line.
3. Area "D" east of lots 4 and 5.
B. Rip -rap buttresses, surfaced with 12 inches of top
soil and hydroseeded, are to be used for the three
areas "B" southerly of lots 19 & 20.
C. Removal of slide material and regrading of slopes is
to be used in the following areas:
1. Area "C" between fire/water tank road and
subdivision road.
2. Area "C" in lot 15.
3. Area "C" in lot 12, 14 & 15.
4. Area "C" at the northeast corner of Parcel A,
open space.
D. An impact wall is to be used for area "D" at the
north eastern end of open space Parcel A.
E. Installation of subsurface drainage facilities is to
be used in the following areas:
1. Area "E" at the western site boundary.
B-2
III. BMR HOUSING
A. Two attached townhouses are to be located on lots 8A
& 8B.
B. Units are two story, 3 bedroom, 2 bath, 1200 sq. ft.
each.
C. Units are to be "for sale" to a 4 person household of
moderate income of 90% of the median, or as otherwise
provided for by a BMR housing agreement to be
reviewed by the Planning Commission and approved by
the City Council.
IV. PROJECT CONDITIONS, COVENANTS AND RESTRICTIONS (CC&R'S)
Final CC&R's shall be subject to approval by the City
Council and City Attorney prior to recordation of a final
map. The CC&R's shall include provisions for continuous
funding the on-going costs of maintenance and safety
inspection of the project's retention basin. Such
provisions shall include a sinking fund or other
acceptable mechanism, thereafter contains sufficient
moneys to pay all anticipated expenses for periodic
maintenance and safety inspections of the retention basin.
The CC&R's shall require the Homeowners' Association to
annually submit for the Public Works Director's approval a
contract with a qualified firm to regularly inspect and
maintain the retention basin.
V. GUARD RAIL
Opposite lots 17 through 20 a guard rail designed to the
satisfaction of the Director of Public Works, shall be
provided at the southerly side of the street.
B-3