HomeMy WebLinkAboutOrdinance 2029 (Housing Element Zoning Maps - 86 Culloden Park Road)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of
the Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 2029
AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL AMENDING THE
ZONING MAP OF THE SAN RAFAEL MUNICIPAL CODE TO CHANGE THE
ZONING FOR TWO NON-ADDRESSED PARCELS LOCATED IMMEDIATELY
NORTH AND EAST OF 86 CULLODEN PARK ROAD FROM PLANNED
DISTRICT 1729 (PD 1729) TO LOW-DENSITY RESIDENTIAL 20,000 SQUARE
FOOT LOT MINIMUM (R20) (APN 011-051-31 and APN 011-115-30) (ZC23-001
and ZC23-002)
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 15th day of May 2023;
a SUMMARY of Ordinance No. 2029 was 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 5th day of June 2023, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz & Llorens Gulati
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: Mayor Kate
WITNESS my hand and the official
Seal of the City of San Rafael this
6th day of June 2023
______________
LINDSAY LARA, City Clerk
Ordinance Rezoning Parcels North and East of 86 Culloden Park Road (APNs 011-051-31 and 011-115-30) 1
ORDINANCE NO. 2029
AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL AMENDING THE
ZONING MAP OF THE SAN RAFAEL MUNICIPAL CODE TO CHANGE THE
ZONING FOR TWO NON-ADDRESSED PARCELS LOCATED IMMEDIATELY
NORTH AND EAST OF 86 CULLODEN PARK ROAD FROM PLANNED
DISTRICT 1729 (PD 1729) TO LOW-DENSITY RESIDENTIAL 20,000 SQUARE
FOOT LOT MINIMUM (R20) (APN 011-051-31 and APN 011-115-30) (ZC23-001
and ZC23-002)
WHEREAS, the City of San Rafael completed a comprehensive update of its General
Plan between 2018 and 2021, moving the time horizon forward from 2020 (General Plan 2020)
to 2040 (General Plan 2040); and
WHEREAS, the Plan Update process included a “Call for Amendments” wherein
property owners were invited to apply for amendments to the General Plan Map; and
WHEREAS, on June 21, 2019, the owners of Assessor Parcel Number 011-051-31
submitted a request for an amendment to change the designation of this 0.692-acre property
from its 2020 General Plan designation of Hillside Resource Residential to a 2040 designation
of Low Density Residential; and
WHEREAS, the intent of this request was to harmonize the land use designations of four
adjacent properties with the same owner, including one 1.196-acre property with a home (86
Culloden Park Road, APN 011-115-10) which was designated Low Density Residential, two
small vacant properties (0.111 acres and 0.194 acres) also designated Low Density Residential,
and an adjoining 0.692-acre parcel on the east which was vacant and designated Hillside
Resource Residential (011-051-31); and
WHEREAS, staff evaluated the request and determined that the requested change was
consistent with best practices, would avoid a “split” General Plan designation on a single-family,
single-ownership property; and would not adversely impact surrounding properties; and
WHEREAS, on February 11, 2020, the San Rafael Planning Commission considered
this request and several others and supported changing the land use designation as requested;
and
WHEREAS, on August 2, 2021, the San Rafael City Council adopted General Plan
2040, including an updated Land Use Map incorporating the Low-Density Residential
designation for APN 011-051-31; and
WHEREAS, California Government Code 65860 requires a city’s zoning ordinance,
including its zoning map, to be consistent with a city’s general plan; and
WHEREAS, APNs 011-051-31 and 011-115-30 currently have zoning designations of
Planned District (PD 1729), a designation that was created to support the adjacent Academy
Heights/ Live Oak Estates subdivision, which no longer includes the subject parcels; and
WHEREAS, the best fit zoning designation for APN 011-051-31 and 011-115-30 is R20,
which matches the designation of the primary residence at 86 Culloden Park Road and all other
parcels along Culloden Park Road; and
Ordinance Rezoning Parcels North and East of 86 Culloden Park Road (APNs 011-051-31 and 011-115-30) 2
WHEREAS, the R20 designation is consistent with the Low Density General Plan
designation and would align the zoning for these parcels with the General Plan; and
WHEREAS, the proposed rezoning implements the San Rafael General Plan 2040, for
which a Final Environmental Impact Report was previously prepared and certified on August 2,
2021, Consistent with the California Environmental Quality Act (CEQA) Guidelines and the City
of San Rafael Environmental Assessment Procedures Manual, the appropriate steps were
followed to complete environmental review of General Plan 2040, including the adoption of
Findings and a Mitigation Monitoring and Reporting program. No development is currently
proposed on the subject properties and no further impacts will result from the rezoning; and
WHEREAS, the City of San Rafael established zoning case numbers ZC23-001 and
ZC23-002 for the two subject parcels to facilitate this rezoning, in order to align the zoning and
General Plan Maps; and
WHEREAS, on April 25, 2023, the San Rafael Planning Commission convened a duly
noticed public hearing and unanimously (5:0, with one member absent) approved a resolution
recommending City Council approval of this rezoning; and
WHEREAS, the City has complied with all noticing requirements for the rezoning action,
including providing mailed notices to all property owners within 300 feet of the subject
properties; and
WHEREAS, on May 15, 2023, the San Rafael City Council held a duly noticed public
hearing on the proposed rezoning, accepting and considering all oral and written public
testimony and the written report of the Department of Community Development; and
WHEREAS, the custodian of documents which constitute the record of proceedings
upon which this decision is based, is the Community Development Department; and
WHEREAS, as required by San Rafael Municipal Code Section 14.27.060, the City
Council makes the following findings in support of an ordinance to amend the Zoning Map to
change parcels APN 011-051-31 and 011-115-30, located immediately north and east of 86
Culloden Park Road, from Planned District 1729 (PD 1729) to Low-Density Residential 20,000
Square Foot Lot Minimum (R20), as shown on the map contained in Exhibit “A”:
1. The proposed amendment to the Zoning Map is consistent in principle with the
General Plan in that:
a. This action would be consistent with the General Plan Land Use Map, which
identifies the subject sites as Low Density Residential.
b. This action would implement the General Plan Land Use Map.
c. This action would be consistent with the mapping protocol used in the General
Plan, including assigning a single General Plan category to properties under
single ownership rather than applying multiple designations.
d. This action would be consistent with and implement the following General Plan
policies:
Ordinance Rezoning Parcels North and East of 86 Culloden Park Road (APNs 011-051-31 and 011-115-30) 3
1) Land Use Element Policy LU-1.8 (Density of Residential Development),
which supports densities that are aligned with the physical
characteristics of the natural landscape and topography.
2) Land Use Element Policy LU-2.1 (Land Use Map and Categories),
which supports aligning zoning with the General Plan Land Use Map.
3) Neighborhoods Element Policy NH-2.11 (Fairhills Neighborhood) to
retain the character of Fairhills as a scenic hillside neighborhood.
4) Community Design and Preservation Policy CDP-1.3 (Hillside
Protection) to ensure that hillside development protects the natural
landscape and supports lot consolidation in hillside areas.
5) Housing Element Policy H-4.8 (Adequately Zoned Sites) to maintain an
adequate supply of residentially zoned land to meet the needs of all
economic segments of the community.
2. The public health, safety, and general welfare would be served by the adoption of the
proposed amendment to change the existing PD 1729 Zoning Classification to the
R20 Zoning Classification for the property in that the Zoning Map change will
implement the General Plan Land Use designation and is consistent with the General
Plan as noted above.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY
ORDAIN AS FOLLOWS:
DIVISION 1: Findings
The City Council of the City of San Rafael hereby determines and finds that all of the
facts and statements contained in the recitals herein and the finding of Planning Commission
Resolution 23-05, adopted April 25, 2023, recommending to the City Council adoption of this
Ordinance, are true and correct. The City Council further finds that the zoning map amendment
complies with CEQA and is consistent with the certified EIR for San Rafael General Plan 2040.
DIVISION 2: Approval
The City Council of the City of San Rafael hereby approves and adopts the amendment
to SRMC Title 14 Zoning Map as presented in Exhibit A attached hereto and incorporated
herein by reference.
DIVISION 3: Publication
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the
Council meeting at which it is adopted.
The Ordinance shall be in full force and effect thirty (30) days after its final passage, and
the summary of this Ordinance shall be published within fifteen (15) days after the adoption,
together with the names of those Councilmembers voting for or against the same, in the Marin
Independent Journal, a newspaper of general circulation published and circulated in the City of
San Rafael, Marin County, State of California.
Ordinance Rezoning Parcels North and East of 86 Culloden Park Road (APNs 011-051-31 and 011-115-30) 4
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk a certified copy of the full text of this Ordinance, along with the names of those
Councilmembers voting for or against the Ordinance.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San
Rafael City Council on the 15th day of May 2023, and was passed and adopted at a regular
meeting of the San Rafael City Council on the 5th day of June 2023 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz & Llorens Gulati
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: Mayor Kate
KATE COLIN, Mayor
ATTEST:
LINDSAY LARA, City Clerk
Exhibits:
A. Rezoning Map
Ordinance Rezoning Parcels North and East of 86 Culloden Park Road (APNs 011-051-31 and 011-115-30) 5
Attachment A
San Rafael Zoning Map