Loading...
HomeMy WebLinkAboutOrdinance 1258 (Amend Zoning Map)CLERK'S CERTIFICATE I, MARION A. GRADY, City Clerk of the City.pf San Rafael, and Ex -officio Clerk of the Council of said City do hereby certify that the foregoing Charter Ordinance Mo._1258 entitled: An Ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the San Rafael Municipal so as to reclassify certain real property from R-1:13-2 (Single Family Residential) District to P -D (Planned Development)District. 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 2nd day of May 19 77 Published as re- quired by City Charter in the Marin Suburban Newspapers , a newspaper printed and 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 16th day of May 19 77 by the following vote, to -wit: Ayes: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini Noes: Councilmen: None Absent: Councilman: None WITNESS my hand and the official seal of the City of San Rafael this a23,.day of 0 MARION A. GRADY, City Clerk ORDINANCE NO. 1258 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE SAN RAFAEL MUNICIPAL CODE SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM R -1:B-2 (SINGLE FAMILY RESIDENTIAL) DISTRICT TO P -D (PLANNED DEVELOPMENT)DISTRICT. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. The Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code is amended by reclassifying the following described real property from R -1:B-2 (Single Family Residential) District, minimum building site area 10,000 square feet, to P -D (Planned Development) District. Said property so reclassified is known as San Pedro Cove located on the south side of Pt. San Pedro Road, west of Loch Lomond Marina and more particularly described as follows: BEGINNING at the intersection of the Westerly line of the corporate limit line of the City of San Rafael, described in the Affidavit of City Clerk recorded September 17, 1953 in Book 825 of Official Records at page 617, Marin County Records, with the Southerly line of the land granted to Charles E. Paganini, et al, by Deed recorded June 25, 1968 in Book 2220 of Official Records at page 450, Marin County Records; Thence Southeasterly along said Westerly line 970 feet, more or less, to the Southeasterly terminus thereof at the intersection thereof with the Southerly line of the land of 617 Montgomery Building, Inc., a California corporation, et al, as said land is described in the Deed recorded March 24, 1967 in Book 2116 of Official Records at page 544; Thence West along said Southerly line 360 feet, more or less, to the boundary of the land granted to Charles E. Paganini, by Deed recorded December 28, 1951 in Book 723 of Official Records at page 502; Thence along said boundary line, being also the line of ordinary high tide, the following: South 61°15' East 171.6 feet, South 28°15' East 85.80 feet, South 02°45' West 132 feet, South 73°30' West 100.32 feet, North 62100' West 132 feet, and South 61°45' West 132 feet; Thence leaving said Paganini line and continuing along said line of ordinary high tide, the following: North 76°45' West 211.20 feet, North 63°45' West 105.60 feet, South 60045' West 132 feet, North 83115' West 145.20 feet, North 72015' West 181.50 feet and North 85000' West 2.09 feet; Thence leaving the line of ordinary high tide, on the Easterly line of the land described in the Deed to Stanley K. Goldsmith, et ux, recorded September 12, 1969 in Book 2326 of Official Records at page 135, North 14° East 185.69 feet, North 00°19'30" West 131.12 feet, North 23013' West 102.97 feet, North 54050130" West 68.56 feet, North 84033' West 100.48 feet North 71057' West 111.37 feet and North 85051' West 7.62 feet; Thence leaving the Goldsmith boundary, Northerly 50 feet, more or less, to the Southeast corner of the land described in the Deed to Anthony Brunini, et ux, recorded February 21, 1950 in Book 635 of Official Records at page 429; Thence along the Brunini Easterly line, North 48108' East 149.3 feet to the Northerly line of Lot 103 as shown on the "Map of Uplands, Beautiful Villa Lots Overlooking San Francisco Bay" filed November 20, 1908 in Map Book 3 at page 4, Marin County Records; Thence along the Northerly line of Lot 103 and the Northerly lines of Lots 102, 101 and 100, the following: North 77032' West 205.88 feet and North 49°10' West 298.51 feet to the Northwest corner of the land de- scribed in the Deed to Pacific Coast Title Company of Marin, a corporation, recorded May 22, 1970 in Book 2375 of Official Records at page 12; Thence along the Southerly and Southwesterly lines of Lots 109, 110, 111, 112 and 113 in Block 4 as shown on the Map of Uplands (3 M 4), North 56° 58' West 350.62 feet and North 12°30' West 445.86 feet to the Southerly line of Point San Pedro Road, as widened, by the Deed to the County of Marin, recorded June 25, 1968 in Book 2220 of Official Records at page 439; thence Easterly along said Southerly line on the arc of a curve to the left with a radius of 745.00 feet, an arc distance of 167 feet, more or less, to an angle point described therein as intersecting with the call "North 77035'25" East 185.14 feet"; thence continuing on said Southerly line of Point San Pedro Road, as widened, North 77035125" East 100 feet, more or less, to the North- westerly line of the parcel awarded to San Rafael School District in the Final Order of Judgment of - 2 - Condemnation, a certified copy thereof recorded March 2, 1957 in Book 1111 of Official Records at page 343; Thence along said Northwesterly line South 27°41' West 89.91 feet and South 01°35' East 84.75 feet to a point in the Northerly line of Hillside Avenue, from which point the most Southerly corner of Lot 114 bears North 19102' West 37.92 feet; thence along the Northerly line of Hillside Avenue, South 19002' East 70 feet, more or less, to an angle point therein, as shown on said Map; thence South 41°06' East 95.23 feet, more or less, to an angle point therein and South 37108' East 141.89 feet, South 51°45' East 123.38 feet, South 57°08' East 141.41 feet, South 25°33' East 99.85 feet, South 38°56' East 69.40 feet, South 76°10' East 73.42 feet and South 67031' East 86.51 feet to the Southern- most corner of the land of the San Rafael School District (1111/343); Thence along the Southeasterly line of the School land and its Northeasterly projection, North 34°53' East 437.24 feet to the Southerly line of Point San Pedro Road as described in the Deed from the County of Marin to Charles E. Paganini, et al, re- corded June 25, 1968 in Book 2220 of Official Records at page 450; thence Easterly along said Southerly line on a curve to the left with a radius of 700.00 feet, an arc distance of 746 feet to the point of beginning. Containing 35.5 acres, more or less. DIVISION 2. Any development of this property shall be subject to the conditions outlined in Exhibit "A" which is attached hereto and made a part hereof. DIVISION 3. This zoning shall become effective in accord- ance with Section 65859 of the Government Code of the State of California. DIVISION 4. This Ordinance shall be published once in full before its final passage in the Marin Suburban Newspapers , a newspaper of general circulation, printed, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. Attest: 4 - A "6v,. MARION A. GRADY, Cityd6lerk - 3 - C. PAUL BET 'NI, Mayor The foregoing Ordinance No. 1258 was read and intro- duced at a regular meeting of the City Council of the City of San Rafael held on Monday , the 2nd day of May 1977, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon 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 16th day of May , 1977. MARION A. GRADY, City Plerk - 4 - EXHIBIT "A" Conditions which were included as part of the zoning (PreZ77-2) action by the Planning Commission on April 12, 1977: FIRE DEPARTMENT (a) Fire hydrants shall be installed, their location to be determined by the Fire Marshal. (b) The fire flow shall be determined by the Fire Department. (c) Due to narrowness of streets, on -street parking is not permitted. (d) All cul-de-sacs shall have a minimum 80 feet diameter. (e) The radius of all turns shall be reviewed and approved by the Fire Department prior to submittal of a subdivision map. PUBLIC WORKS DEPARTMENT (f) The street widths shall be a minimum of 24 feet wide with°no parking signs posted. The one-way street shall be a minimum of 20 feet wide. (g) Streets shall be constructed to City standards, whether public or private. (h) Final location of roadways and building sites (including number of units) is subject to review and approval of the Geotechnical Review Board and approval by the Planning Commission when the information as required under Level C and Level D investigations is submitted, and prior to approval of the tentative map or the Environmental and Design Review permit. (i) The area around the cove, referred to as Area II, and any other area subject to flooding, shall be filled so that its eventual settled elevation complies with Title 18, "Protection of Flood Hazard Areas," of the Municipal Code. (j) A maintenance road shall be provided along the edge of the drainage ditch with a 15 foot clearance back from the top of the ditch bank. (k) All structures shall be set back a minimal distance from the top of the drainage ditch to prevent lateral spreading. The determination of this distance shall be a part of the Levels C and D investigations to be reviewed by the Geotechnical Review Board. PLANNING DEPARTMENT (1) That the applicant submit the following information prior to application for a tentative subdivision and an Environmental and Design Review: (1) An accurate topo map based upon USGS Mean Sea Level Datum. (2) A slope analysis in 10% ranges up to 40%, with the fifth range 40%+. (3) A Level C and D Geotechnical Analysis with core boring locations to be determined by the geological consultant and City staff. (m) The density of the development shall be limited to whatever becomes the lower figure of the Density Projection Technique range once the Level 3 analysis has been completed and once geotechnical and visual mitigation measures have been integrated into the ranges. (n) Either a wildlife mitigation plan for the site shall be prepared by an independent consultant, and ,the master plan modified to meet the mitigation measures noted therein prior to filing the Environmental and Design Review application or the tentative subdivision map OR no development or changes are approved for the area of Identified possible impact - the area where 8 structures are shown on the master plan adjacent to the cove, from Loch Lomond Yacht Harbor counterclockwise around the cove. (o) The location of the structure in the most easterly landslide area shall be investigated as part of the Level C report. (p) An Environmental and Design Review permit is required for the site and its structures. (q) All cut slopes and retaining walls visible from Pt. San Pedro Road or the hillside across -the road shall be planted to aid soil stability and ensure their attractiveness. (r) All residences visible from Pt. San Pedro Road and the hillside across shall be sited so as to be eventually partially or totally screened from view by vegetation. Elevations of the buildings as seen from progressive points along the road are required to be submitted as part of the Environmental and Design Review application. (s) The use of eucalyptus trees adjacent to Pt. San Pedro Road is not approved due to their shallow roots, brittleness, and debris habits. If a tall tree is desired to edge the road, the repetition of the use of the Monterey pine found elsewhere on the site is suggested. Final approval for the type and location of vegetation adjacent to Pt. San Pedro Road is subject to the approval of the City Landscape Architect. (t) Reasonable access to the shoreline is provided in this area to the east .3 mile opposite Glenwood and to the west .6 mile away on the Marin Yacht Harbor, and thus is not necessary to be provided through this project.